Firebaugh Municipal Code § 30-1 Density Bonuses

[Amended 4-7-2025 by Ord. No. 25-02]

Whenever the following capitalized terms are used in this chapter, they shall have the respective meanings set forth in this section or as provided by Section 65915 of the State Government Code as amended from time to time.

a.

DENSITY BONUS

Shall mean a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Government Code Section 65915.

b.

DEVELOPER INCENTIVES/CONSESSIONS

Means a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915.

1. Reduce or eliminate standards contained in the subdivision ordinance or Firebaugh's Improvements Manual.

2. Reduce or eliminate residential zone district requirements, including open space, lot size, setbacks, or parking standards.

3. Reduce or eliminate any design requirements exceeding Building Code specifications.

c.

DEVELOPER WAIVER

Means reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria at the densities or with the concessions or incentives permitted in Government Code Section 65915. The City shall not provide a waiver to reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Additionally, the City shall not provide a waiver to reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law.

d.

EXTREMELY LOW INCOME HOUSEHOLD

Shall mean a household earning an income that is between 15% and 30% of the Fresno County median household income.

e.

HOUSING DEVELOPMENT

Shall mean one or more residential projects that have five or more residential units and shall have the same meaning as described in State Government Code Section 651917.2.

f.

LARGE FAMILY HOUSEHOLD UNIT

Shall mean a dwelling that contains at least four bedrooms.

g.

LOW INCOME HOUSEHOLD

Shall mean a household earning an income between 50% and 80% of the Fresno County median household income.

h.

SENIOR HOUSEHOLDS

Shall have the same meaning as defined in Sections 51.3 and 51.12 of the State Civil Code.

i.

TARGET HOUSEHOLDS

Shall mean lower-income households or senior citizen households.

j.

VERY LOW INCOME HOUSEHOLD

Shall mean a household earning an income between 30% and 50% of the Fresno County median household income.

[Amended 4-7-2025 by Ord. No. 25-02]

a. The purpose and intent of a density bonus is to contribute significantly to the economic feasibility of affordable housing in proposed developments by offering incentives to developers consisting of density bonuses or other concessions of equal financial value, in compliance with California Government Code Sections 65915 through 65918. Firebaugh can approve a density bonus if a housing developer agrees to construct a certain percentage of units for qualifying development and agrees to maintain their affordability for a specific time period.

b. Section 65915 of the State Government Code states that when an applicant seeks a density bonus for a housing development in Firebaugh, the City shall provide the applicant incentives or concessions for the production of housing units, consistent with the provisions of this chapter and Section 65915 of the State Government Code.

[Amended 4-7-2025 by Ord. No. 25-02]

An application for a density bonus shall be made to the Planning Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council.

[Amended 4-7-2025 by Ord. No. 25-02]

a. Government Code Section 65915 indicates that when an applicant seeks a density bonus for a housing development, the density bonus requirements are triggered when the residential development sets aside the following:

1. At least 10% of the total units as affordable to low-income households; or

2. At least 5% of the total units as affordable to very-low-income households;

3. At least 10% of the total units as affordable for moderate-income households in a common interest for sale development; or

4. At least 10% of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Government Code Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11301 et seq.); or

5. At least 20% of the total units are for lower income students in a student housing development that meets the requirements of Government Code Section 65915; or

6. At least 10% of the units are designed as large family household units or all units are reserved for senior citizens, or for a mobile home park restricted to senior citizen residents; or

7. A density bonus can be requested when a housing development includes a childcare facility in accordance with California Government Code Section 65915; or

8. A density bonus can be requested for a condominium conversion in accordance with California Government Code Section 65915; or

9. A density bonus for commercial development can be requested, given the application includes the proposed partnered housing agreement and the proposed commercial development bonus, as defined in Subsection 30.1.6 and reasonable documentation that each of the standards included in Subsection 30.1.6 has been met; or

10. A density bonus can be requested when a developer of affordable housing provides a site of at least one acre for the development of housing for target groups; and

11. Finally, a parking reduction for a housing development can be requested pursuant to California Government Code Section 65915, subdivision (p), given the application includes a table showing parking required by the zoning regulations, parking proposed under Government Code Section 65915, subdivision (p), and reasonable documentation that the project is eligible for the requested parking reduction.

b. Development concessions or incentives that may be provided by the City of Firebaugh include a reduction in site development standards; a modification of zoning code requirements (including a reduction in setbacks, square footage requirements, or parking spaces; or architectural design requirements which exceed the minimum building standards); approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development, and if such nonresidential uses are compatible with the project; or other regulatory incentives or concessions proposed by the developer or the city of Firebaugh which result in identifiable cost reductions. The number of incentives will be based on the following project affordability factors or as per Government Code Section 65915 as amended from time to time:

1. For projects with at least 5% very low income, 10% lower income, 10% moderate-income units, 10% large family units, or 20% of the total units for lower income students in a student housing development, shall receive one incentive or concession.

2. For projects with at least 10% very low income, 17% lower income, 20% moderate income units, or 20% large family units, shall receive two incentives or concessions.

3. For projects with at least 15% very low income, 24% lower income, 30% moderate income units, or 30% large family units, shall receive three incentives or concessions.

4. For projects with at least 16% very low income households or at least 45 % for persons and families of moderate income in a development in which the units are for sale shall receive three incentives or concessions.

5. For projects with 100% lower income households that meet the criteria of subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915 of the Government Code. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

c. A project that receives a density bonus and concession or incentive must retain affordability of the units for at least 55 years.

[Amended 4-7-2025 by Ord. No. 25-02]

If an applicant for a tentative subdivision map, parcel map, or some other type of residential development application donates land to Firebaugh where very-low income housing can be developed; the developer shall be entitled to a minimum of 15% increase above the allowable residential density under the Zoning Ordinance and land use element of the general plan.

[Amended 4-7-2025 by Ord. No. 25-02]

a. The following definitions shall apply to commercial density bonus:

1. "Commercial development" means a development project for nonresidential uses.

2. "Commercial development bonus" means a modification of development standards mutually agreed upon by the City and a commercial developer and provided to a commercial development eligible for such a bonus under Subsection 30.1.6c. Examples of a commercial development bonus include an increase in floor area ratio, increased building height, or reduced parking.

3. "Partnered housing agreement" means an agreement approved by the City between a commercial developer and a housing developer identifying how the commercial development will provide housing available at affordable ownership cost or affordable rent consistent with Subsection 30.1.6c. A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the State in which the commercial developer and the housing developer are each partners, members, shareholders, or other participants, or a contract between the commercial developer and the housing developer for the development of both the commercial development and the housing development.

b. When an applicant proposes to construct a commercial development and has entered into a partnered housing agreement approved by the City, the City shall grant a commercial development bonus mutually agreed upon by the developer and the City. The commercial development bonus shall not include a reduction or waiver of fees imposed on the commercial development in order to provide for affordable housing.

c. The requirements for commercial development bonus are as follows:

1. The housing development shall be located either: (a) on the site of the commercial development; or (b) on a site within the City boundaries that is within one-half mile of a major transit stop and is located in close proximity to public amenities, including schools and employment centers.

2. At least 30% of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for low-income households, or at least 15% of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for very low-income households.

3. The commercial developer must agree either to directly build the affordable units; donate a site consistent with Subsection c(1) above for the affordable units; or make a cash payment to the housing developer for the affordable units.

d. Any approved partnered housing agreement shall be described in the City's Housing Element annual report as required by California Government Code Section 65915.7, subdivision (k).

[Amended 4-7-2025 by Ord. No. 25-02]

a. Report and Findings. The Planning Department shall prepare a report on the density bonus application. The Department shall provide a recommendation based on the following density bonus requirements.

1. The housing development qualifies for a density bonus based on the requirements outlined in Government Code Sections 65915 to 65918, or for large family household units.

2. The applicant has provided to the City the legal instrument that will ensure that "target households" will remain affordable for at least 30 years.

3. The application has selected developer incentives or concessions.

[Amended 4-7-2025 by Ord. No. 25-02]

a. Following the Planning Commission's review of the Planning Department's report on the applicant's request for a density bonus, the Commission shall take action on the density bonus application based on the regulations contained in Government Code Sections 65915 to 65918. The Commission can recommend to the City Council approval, approval with conditions, or denial of the density bonus. Denial of a density bonus application shall require findings consistent with those in Government Code Sections 65915 to 65918.

1. The Commission's recommendation shall be forwarded to the City Council.

2. The Commission's decision shall not be based on a finding that the housing project will be occupied by "target households" and that this condition may have an adverse impact on the neighborhood or community.

3. Within 10 days of adopting a resolution on the density bonus, the Planning Department shall forward the Commission's recommendation to the City Council and shall transmit a copy of the Commission's resolution to the applicant.

[Amended 4-7-2025 by Ord. No. 25-02]

a. The City Council shall consider the Planning Commission's recommendation and shall take action on the density bonus application. The Council can approve, approve with modifications, or deny the density bonus application. One of the following actions shall be initiated:

1. Any modification of the proposed density bonus by the City Council, which is based on information not considered by the Planning Commission, shall cause the density bonus application to be referred back to the Commission for its reevaluation and recommendation.

2. The Council's decision shall not be based on a finding that the housing project will be occupied by "target households" and that this condition may have an adverse impact on the neighborhood or community.

[Amended 4-7-2025 by Ord. No. 25-02]

Agreements, contracts, or other instruments between the City and the developer shall be required to ensure that "target households" shall remain affordable for the period of time agreed to by the City and the developer. Said agreement shall be reviewed and approved by the City Attorney and shall be recorded with the Fresno County Recorders Office.

[Amended 4-7-2025 by Ord. No. 25-02]

The base density of a property for which a density bonus is being requested shall be determined by the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. The actual amount of the density bonus that may be granted for a particular project is set on a sliding scale, based upon the percentage of affordable units provided at each income level, as provided by Government Code Section 65915.

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