Division 25 — DENSITY BONUS

The purpose and intent of this section is to encourage the development of affordable residential units for a range of income levels within the City with the provision of incentives or concessions. In offering these incentives or concessions, this chapter is intended to implement the requirements of state law and the goals and policies of the City's general plan housing element.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-337. - State law incorporated.

The City shall provide the density bonuses and other incentives that are required by California Government Code §§ 65915 through 65918.

Sec. 30-338. - Eligibility for bonus and incentives or concessions.

To be eligible for a density bonus and/or other incentives or concessions as provided by this chapter, a proposed residential development project shall:

(1)

Consist of five or more dwelling units; and

(2)

Provide for the construction of one or more of the following within the development:

a.

A minimum of five percent of the total units of a housing development for very low-income households, as defined in Health and Safety Code § 50105; or

b.

A minimum of ten percent of the total units of a housing development for lower income households, as defined in Health and Safety Code § 50079.5; or

c.

A minimum of ten percent of the total dwelling units in a condominium project or in a planned development as defined in Civil Code § 1351(f) and (k), respectively, for persons and families of moderate income, as defined in Health and Safety Code § 50093, provided that all units in the development are offered to the public for purchase; or

d.

A minimum of 20 percent of the total units for lower income students in a student housing development that meets the following requirements:

1.

All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are insufficient students enrolled in an institution of higher education to fill all units in the student housing development.

2.

The applicable 20 percent units shall be used for lower income students.

3.

The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.

4.

The development shall provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subclause.

e.

Ten percent 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 Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11301 et seq.). The units described in this subparagraph are subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low-income units; or

f.

One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code; or

g.

A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

(3)

A density bonus and any associated incentives and concessions provided for the provision of affordable units and a density bonus utilizing units from the No Net Loss Program shall be mutually exclusive.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Editor's note— Ord. No. 1961, § 4(Exh. A), adopted Jan. 28, 2025, amended § 30-338 in its entirety, in effect repealing and reenacting said § 30-338 to read as set out herein. The former § 30-338 pertained to applications and carried no amendatory history.

Sec. 30-339. - Definitions.

The definition of terms shall be as provided in Government Code §§ 65915 through 65918.

Sec. 30-340. - Target rents and mortgage payments.

Target rents and Mortgage payments shall be as provided in Government Code §§ 65915 through 65918.

Sec. 30-341. - Affordability requirements.

The affordability requirements shall be as provided in Government Code §§ 65915 through 65918.

Sec. 30-342. - Procedure.

(a)

A developer requesting a density bonus or other incentive pursuant to this section shall include the following in the written narrative supporting the application:

(1)

A general description of the proposed project, general plan description, applicable zoning, maximum possible density permitted under the current zoning and general plan description and such other information as is necessary.

(2)

A calculation of the density bonus allowed pursuant to this division.

(3)

In the case that the developer requests the City to modify development standards as another incentive, a statement providing a detailed explanation as to how the requested incentive will enable the developer to provide housing at the target rents or mortgage payments. Modification of development standards will be granted only to the extent necessary to achieve the housing affordability goals set forth herein.

(4)

A statement detailing the number of density bonus units being proposed over and above the number of units normally permitted by the applicable zoning and general plan description.

(b)

City review of and action on the applicant's proposal for a density bonus and its consideration of any requested incentive or concession shall occur concurrently with the processing of any other required entitlements, if any. The fact that another required entitlement might be subject to discretionary approval does not subject the application for a density bonus or incentive or concession under this section to discretionary approval; they will merely be processed at the same time. If the developer proposes that the project not be subject to an impact fee or to another fee that is normally imposed on a development of the same type, the appropriate final approval will be by the City Council.

(c)

The Planning Commission or City Council, as appropriate, shall review the subject affordability agreement concurrently with the development proposal. No project shall be deemed approved until the affordability agreement has been approved by the appropriate reviewing body.

(d)

The Planning Commission or City Council, as appropriate, shall approve the density bonus and any other incentives as proposed by the applicant if the requirements of this chapter are satisfied.

(e)

A monitoring fee as established by resolution of the City Council shall be paid by the applicant to the City prior to issuance of a certificate of occupancy for the first unit. This fee shall be in addition to any other fees required for the processing of the environmental analysis, and/or any other entitlements required.

Editor's note— Ord. No. 1906, § 68, adopted Oct. 25, 2022, repealed § 30-343, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-344. - Findings for approvals.

Before the Planning Commission may grant a density bonus, it must make all of the following findings:

(1)

As required by state law, the City shall grant a density bonus in accordance with Government Code §§ 65915 through 65918.

(2)

As required by state law, the City shall grant an incentive or concession in accordance with Government Code §§ 65915 through 65918, unless the City makes any of the findings in Government Code § 65915(d)(1)(A) through (C).

(3)

Effect on other actions. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

(4)

Other City incentives. This division does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City or the waiver of fees or dedication requirements.

Sec. 30-345. - Noticing.

Notice of hearings for time extension for projects shall be as set forth in Division 4, of this article herein.

Sec. 30-346. - Hearing—Planning Commission.

(a)

Upon the filing of a complete application for amendment to the text or land use map of the general plan, the matter shall be set for hearing before the Planning Commission for recommendation to the City Council. Applications for general plan Amendments shall be heard four times (approximately quarterly) per year. The filing deadlines for such applications shall be set at a date no closer than 51 days prior to the appropriate meeting date.

(b)

The Planning Commission shall hold at least one public hearing upon the matters referred to in the application for amendment. If the Planning Commission finds that the proposal substantially promotes the goals of the City's general plan, the Planning Commission shall recommend the change to the City Council. The Planning Commission shall transmit its report in writing to the City Council within 90 days following the public hearing. The report shall set forth the reasons of the Planning Commission recommendations and the relationship of the proposed change to the general plan.

(c)

If the decision of the Planning Commission is to deny an application requesting the change of general plan amendment, the decision shall be final unless there is an appeal as provided for in Division 5 of this article herein.

(d)

The Planning Commission shall also have the authority to forward the application to the City Council for consideration.

Sec. 30-347. - Hearing—City Council.

The City Council shall hold at least one public hearing upon the matters referred to the Council by the Planning Commission or by appeal. The City Council may approve, modify or reject any part of the recommendation of the Planning Commission. The determination of the City Council shall be final and conclusive, except that whenever the City Council shall consider a change not previously considered by the Planning Commission, the Council may refer such change to the Planning Commission for its recommendation.