Fowler Municipal Code Ch. 9.160 Density Bonus

This Chapter implements the statutory requirements set forth in Government Code sections 65915—65918 (State Density Bonus Law).

The provisions of this Chapter shall apply to all housing developments, including mixed-use developments, providing a minimum of five (5) residential units. If any provision of this Chapter conflicts with State Density Bonus Law, the latter shall govern.

A. Eligibility. Eligibility for density bonus allowances and incentives are determined based on the provision of a minimum number of affordable units within the projects as specified by project type and income level, as specified in Section 9.160.050 (Density Bonus Allowances for Qualified Housing Developments), Section 9.160.060 (Density Bonus Allowances for Target Population Housing), and Section 9.160.070 (Density Bonus Allowances for Qualified Land Donations).

B. Ineligibility. An applicant shall be ineligible for density bonus allowances or incentives if the housing development meets any of the following, unless the proposed housing development replaces those units, and meet either of the criteria specified in Government Code section 65915, subdivision (c)(3)(A).

1. The housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are located or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low-income or very low-income.

2. The housing development is subject to any other form of rent or price control through a public entity's valid exercise of its police power.

3. The housing development is occupied by lower or very low-income households.

A. Application Filing. When an applicant seeks a density bonus for a housing development that provides at least the minimum number of affordable units required, the affordable housing developer shall comply with all the following:

1. File an application for a density bonus on a form provided by the City. Such application shall be submitted in conjunction with the project application and shall be processed concurrently with all other applications required for the project.

2. State in the application the specific minimum affordable housing units, income levels, and/or target populations, as applicable, proposed for the housing development.

3. If an applicant is requesting an incentive or concession in accordance with Section 9.160.080 (Incentives and Concessions), the application shall:

i. Include a specific written proposal for the requested incentive or concession.

ii. Establish that each requested incentive or concession would result in identifiable, financially sufficient, and actual cost reductions for the qualified housing development.

4. If the applicant is requesting a waiver or reduction in accordance with Section 9.160.090 (Waivers or Reductions of Development Standards), the application shall:

a. Include a specific written proposal for the requested waiver or reduction.

b. Demonstrate how the waiver or reduction is necessary for construction of the housing development at the densities or with the concessions or incentives permitted in accordance with this Chapter.

5. If the applicant is requesting a parking standard in accordance with Section 9.160.100 (Parking Standard Modifications), the application shall include a specific written statement noting the request.

B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

C. Completeness Review. The City shall review the submitted application for completeness in accordance with Government Code section 65943. Upon review, the City shall provide the applicant with a determination as to the following matters:

1. The amount of density bonus for which the applicant is eligible.

2. Whether the applicant has provided adequate information for the City to make a determination as to the incentives, concessions, or waiver or reduction of development standards, if requested.

3. The parking ratio for which the applicant is eligible, if requested.

D. Meeting with City Upon Request. An applicant for a density bonus, incentive and concession, waiver or reduction of development standards, or parking standard request pursuant to this Chapter may request a meeting with the Community and Economic Development Director, or designee, to review the proposal.

A. Density Bonus Allowance. Density bonus allowances are determined based on the percent and type of affordable housing units provided within a housing development, as identified in Table 9.160.050-1: Density Bonus Allowance by Affordability. The applicant may also elect to accept a lesser percentage of density bonus.

B. Calculations.

1. For the purpose of calculating a density bonus, residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels.

2. All density calculations resulting in fractional units shall be rounded up to the next whole number.

Table 9.160.050-1: Density Bonus Allowance by Affordability

Notes:

1 Income category of affordable housing units provided within the housing development.

2 Minimum percentage of affordable housing units required within the housing development to qualify for a density bonus.

3 Maximum percentage of affordable housing units required within the housing development to qualify for the maximum density bonus.

4 Density bonus allowances are determined based on the percentage and income category of the affordable units provided. Density bonuses are percent increases beyond the maximum residential density allowed.

5 Minimum density bonus allowance to be provided. The minimum density bonus is provided only once the minimum percentage of affordable housing units is provided within the related income category.

6 Maximum density bonus allowance to be required. The maximum density bonus is provided only once the maximum percentage of affordable housing units is provided within the related income category.

7 For every one percent (1%) increase in the affordable housing units provided within the housing development beyond the minimum percentage of affordable units specified within the applicable income category, the minimum density bonus allowance shall increase by the stated increment to the maximum density bonus allowed.

C. Additional Density Bonus Allowance for One Hundred Percent (100%) Affordable Housing. Notwithstanding the maximum density bonus allowance specified in Table 9.160.050-1: Density Bonus Allowance by Affordability, housing developments providing one hundred percent (100%) affordable housing units at either the very low-income, low-income, or moderate-income category, or any combination thereof, shall be eligible for a density bonus of eighty percent (80%).

D. Additional Density Bonus Allowance for Provision of Childcare Facilities.

1. Eligibility. Housing developments providing a childcare facility located on the premises, as a part of, or adjacent to the housing development and meeting, or are conditioned to meet, both of the following requirements shall be eligible for an additional density bonus allowance as specified in Subsection (D)(3), Childcare Facility Density Bonus Allowance of this Section.

a. The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable pursuant to Government Code section 65915, subdivision (c).

b. Of the children who attend the childcare facility, the children of very low-income households, low-income households, or moderate-income households shall constitute a percentage that is equal to or greater than the percentage of dwelling units that are required under the respective minimum affordable housing component income category for which the density bonus is sought.

2. Adequate Facilities. The City is authorized to not provide a density bonus as provided in this Section upon substantial evidence that the community has adequate childcare facilities.

3. Childcare Facility Density Bonus Allowance. A density bonus allowance shall be granted in the amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility. This density bonus allowance is in addition to the density bonus allowance provided under Subsection (A), Density Bonus Allowance, of this Section.

E. Additional Density Bonus Allowance for Mixed-Income Housing.

1. Eligibility. Housing developments providing the following percent and type of affordable housing units are eligible for an additional density bonus allowance as specified in Subsection (E)(2), Mixed-Income Density Bonus Allowance, of this Section.

a. Housing developments providing at least fifteen percent (15%) affordable housing units at the very low-income category and providing additional affordable units at the income category and percentages specified in Table 9.160.050-2: Mixed-Income Density Bonus Allowance by Affordability.

b. Housing developments providing at least twenty-four percent (24%) affordable housing units at the low-income category and providing additional affordable units at the income category and percentages specified in Table 9.160.050-2: Mixed-Income Density Bonus Allowance by Affordability.

c. Housing developments providing at least forty-four percent (44%) affordable housing units at the moderate-income category and providing additional affordable units at the income category and percentages specified in Table 9.160.050-2: Mixed-Income Density Bonus Allowance by Affordability.

2. Additional Mixed-Income Density Bonus Allowance. Additional density bonus allowances are determined based on the percent and type of additional affordable housing units provided within a housing development, as identified in Table 9.160.050-2: Mixed-Income Density Bonus Allowance by Affordability.

3. Maximum on Affordable Units. No more than fifty percent (50%) of the resulting housing development, inclusive of the units awarded through a density bonus, shall be income restricted to the very low-income, low-income, or moderate-income category.

Table 9.160.050-2: Mixed-Income Density Bonus Allowance by Affordability

Notes:

1 Income category of affordable housing units provided within the housing development in addition to the percent of affordable housing units provided to qualify for a density bonus allowance in accordance with Section 9.160.050.A (Density Bonus Allowance) ("additional affordable units").

2 Minimum percentage of additional affordable housing units required within the housing development to qualify for the mixed-income density bonus.

3 Maximum percentage of additional affordable housing units required within the housing development to qualify for the maximum mixed-income density bonus.

4 Density bonus allowances are determined based on the percentage and income category of the additional affordable units provided. Density bonuses are percent increases beyond the number of housing units excluding any density bonus awarded by this Chapter.

5 Minimum density bonus allowance to be provided. The minimum density bonus is provided only once the minimum percentage of additional affordable housing units is provided within the related income category.

6 Maximum density bonus allowance to be required. The maximum density bonus is provided only once the maximum percentage of additional affordable housing units is provided within the related income category.

7 For every one percent (1%) increase in the additional affordable housing units provided within the housing development beyond the minimum percentage of additional affordable units specified within the applicable income category, the minimum density bonus allowance shall increase by the stated increment to the maximum density bonus allowed.

A. Senior Housing. Senior citizen housing developments or mobile home parks that limit residency based on age requirements for housing for older persons pursuant to Civil Code sections 798.76 or 799.5, are eligible for a twenty percent (20%) density bonus allowance. The density bonus shall be calculated based on the number of senior housing units provided.

B. Transitional Foster Youth, Disabled Veterans, or Homeless Persons. Housing developments providing a minimum of ten percent (10%) of units for individuals qualifying as transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11301, et seq.), are eligible for a twenty percent (20%) density bonus allowance beyond the maximum density allowed. Housing units provided for transitional foster youth, disabled veterans, and homeless persons shall be subject to a recorded affordability restriction of fifty-five (55) years and shall be provided at the same affordability level as very low-income units.

C. Student Housing. Housing developments providing a minimum of twenty percent (20%) of units for lower income students as defined by Government Code section 65915, subdivision (b)(1)(F)(I) and meeting all the following criteria shall be eligible for a thirty-five percent (35%) density bonus allowance. The density bonus shall be calculated based on the number of student housing units provided.

1. The rent provided in the lower income student housing units equals thirty percent (30%) of sixty-five percent (65%) of the area median income for a single-room occupancy unit type.

2. The housing development gives priority to lower income students experiencing homelessness.

3. For purposes of calculating a density bonus pursuant to this Section, the term "unit" means one (1) rental bed and its pro rata share of associated common area facilities.

A. Eligibility. For a density bonus for a qualified land donation to be granted, all the following requirements shall be met.

1. The applicant is applying for a tentative subdivision map, tentative parcel map, or other residential development approval.

2. The applicant agrees to donate and transfer qualified land, which is land that meets both the following criteria:

a. The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of units affordable to very low-income households in an amount equal to not less than ten percent (10%) of the number of residential units of the proposed development.

b. The transferred land shall be at least one (1) acre in size or of sufficient size to permit development of at least forty (40) units, have the appropriate General Plan land use designation, be appropriately zoned with development standards for development at a minimum density of twenty (20) dwelling units per acre, in accordance with Government Code section 65583.2, subdivision (c)(3), and be or will be served by adequate public facilities and infrastructure.

3. The qualified land shall be transferred to the City or to a housing developer approved by the City no later than the date of approval of the final subdivision map, parcel map, or residential development application. The City may require the applicant to identify and transfer the land to an approved housing developer.

4. The qualified land has all of the permits and approvals, other than building permits, necessary for the development of the very low-income affordable housing units on the qualified land, not later than the date of approval of the final subdivision map, parcel map, or residential development application filed. However, the City may subject the proposed development to subsequent design review to the extent authorized by Government Code section 65583.2, subdivision (i) if the design is not reviewed by the City prior to the time of transfer.

5. The qualified land and the affordable units are subject to a deed restriction ensuring continued affordability of the units for fifty-five (55) years, which must be recorded against the qualified land at the time of the transfer.

6. The qualified land is within the boundary of the proposed development or, if approved by the City, within one-quarter (0.25) mile of the boundary of the proposed development.

7. A proposed source of funding for the very low-income affordable housing units shall be identified no later than the date of approval of the final subdivision map, parcel map, or residential development application.

B. Qualified Land Donation Density Bonus Allowance. If all requirements of Section 9.160.070, Subsection (A), Eligibility, are met, the applicant shall be entitled to a density bonus allowance, as specified in Table 9.160.070-1: Qualified Land Donation Density Bonus Allowance.

Table 9.160.070-1: Qualified Land Donation Density Bonus Allowance

A. Qualifications for Incentives and Concessions. An applicant for a density bonus pursuant to this Chapter may request incentives or concessions in association with the housing development or land donation qualifying for such density bonus.

B. Number of Incentives or Concessions. The following number of incentives or concessions may be granted, based on the number and income level of affordable housing units of the housing development.

1. One (1) incentive for qualified housing development projects that include at least five percent (5%) of the total units for very low-income households, at least ten percent (10%) for low-income households, at least twenty percent (20%) for lower income students in a student housing development, or at least ten percent (10%) for persons and families of moderate-income households in a common interest development.

2. Two (2) incentives for qualified housing development projects that include at least ten percent (10%) of the total units for very low-income households, at least seventeen percent (17%) for low-income households, or at least twenty percent (20%) for persons and families of moderate-income households in a common interest development.

3. Three (3) incentives for qualified housing development projects that include at least fifteen percent (15%) of the total units for very low-income households, at least twenty-four percent (24%) for low-income households, or at least thirty percent (30%) for persons and families of moderate-income households in a common interest development.

4. Four (4) incentives for projects that include at least sixteen percent (16%) of the units for very low-income households or at least forty-five percent (45%) for persons and families of moderate income in a development in which the units are for sale.

5. Five (5) incentives for qualified housing developments that include one hundred percent (100%) of total units, exclusive of a manager's unit or units, for lower income households, except that up to twenty percent (20%) of the total units in the development may be for moderate-income households.

6. Additional incentives or concessions. Projects meeting either of the following criteria shall receive incentives and concessions in addition to the number specified above.

a. If the project is within one-half (1/2) mile of a major transit stop, the project shall also receive a height increase of up to three (3) additional stories, or thirty-three (33) feet.

b. A qualified housing development proposal that includes a childcare facility shall be granted an additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

C. Types of Incentives or Concessions. Incentive or concession means any of the following:

1. A reduction in site development standards or a modification of development code requirements or design guidelines 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 that would result in identifiable and actual cost reductions to provide for affordable housing costs.

2. Approval of mixed-use zoning in conjunction with the qualified housing development if commercial, office, industrial, or other land uses will reduce the cost of the qualified housing development and if the commercial, office, industrial, or other land uses are compatible with the qualified housing development and the existing or planned development in the area where the proposed qualified housing development will be located.

3. Other regulatory incentives proposed by the affordable housing developer or the City that result in identifiable, financially sufficient, and actual cost reductions to provide for affordable housing costs.

4. Nothing in this Section limits or requires the provision of direct financial incentives by the City for the qualified housing development, including the provision of publicly owned land, or the waiver of fees or dedication requirements.

C. Criteria for Denial of Incentives and Concessions. Except as otherwise provided in this Chapter or by State law, the City shall grant the incentive(s) or concession(s) requested unless a written finding, based upon substantial evidence, is made with respect to any of the following, in which case the City may refuse to grant the incentive(s) or concession(s):

1. The incentive or concession is not required in order to provide affordable housing costs or affordable rents for the affordable units subject to the qualified housing development application.

2. The incentive or concession would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon health and safety and, if such a specific, adverse impact exists, there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

3. The incentive or concession would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

4. The incentive or concession would be contrary to State or federal law.

(Ord. No. 2024-06, § 6, 1-7-2025)

A. Qualifications for Waivers or Reductions. An applicant for a density bonus pursuant to this Chapter may request a waiver or reduction in development standards in association with the housing development or land donation qualifying for such density bonus.

B. Effect of Proposal for Waiver or Reduction of Development Standards. A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled to pursuant to Section 9.160.080 (Incentives or Concessions).

C. Findings for Approval of Waiver or Reduction of Development Standards. All of the following findings shall be made to approve the requested waiver or reduction of development standard.

1. The development standard for which a waiver or reduction is requested will have the effect of physically precluding the construction of the proposed qualified housing development at the densities or with the incentives permitted under this Chapter.

2. The requested waiver or reduction of a development standard will not have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon health and safety or, if such a specific, adverse impact exists, there is a feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

3. The requested waiver or reduction of a development standard will not have an adverse impact on any real property that is listed in the California Register of Historical Resources.

4. The requested waiver or reduction of a development standard is not contrary to State or federal law.

A. Maximum Parking Standard Upon Request. In addition to any incentives or concessions pursuant to Section 9.160.080 (Incentives and Concessions) or any waivers or reductions pursuant to Section 9.160.090 (Waivers or Reductions), an applicant for a density bonus pursuant to this Chapter may request the following maximum parking rates, inclusive of handicap and guest parking, for a qualified housing development or land donation:

1. Zero (0) to one (1) bedroom: One (1) on-site parking space

2. Two (2) to three (3) bedrooms: One and one-half (1.5) on-site parking spaces

3. Four (4) and more bedrooms: Two and one-half (2.5) on-site parking spaces

B. Exceptions. The maximum parking standards shall be as follows for projects meeting the specified criteria. Such parking standards shall apply, inclusive of handicap and guest parking, to the entire housing development, unless a citywide parking study has been prepared in accordance with Government Code section 65915, subdivision (p)(7).

1. A maximum of one-half (0.5) parking spaces per unit shall apply for projects meeting all the following criteria:

a. The development includes at least twenty percent (20%) low-income units or at least eleven percent (11%) very low-income units.

b. The development is located within one-half (0.5) miles of a major transit stop, as defined in subdivision (b) of Section 21155 of the California Public Resources Code.

c. There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

2. A maximum of one-half (0.5) spaces per bedroom shall apply for projects meeting all the following criteria:

a. The development includes at least forty percent (40%) moderate-income for-sale units.

b. The development is located within one-half (0.5) miles of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.

c. There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

3. No vehicular parking requirement shall be imposed on any projects providing one hundred percent (100%) affordable units and meeting all applicable criteria as specified in Government Code section 65915, subdivision (p)(3).

C. If the total number of parking spaces required for the qualified housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Section, "on-site parking" may be provided through tandem parking or uncovered parking, but not through on-street parking.

D. Except as otherwise provided in this Section, all other provisions of this Title, including the standards of Chapter 9.180 (Parking and Loading Standards) applicable to residential development, shall apply.

No density bonus pursuant to this Chapter shall be granted unless and until the applicant and the City enters into an affordable housing agreement and, if applicable, an equity sharing agreement, in compliance with Government Code section 65915, subdivision (c)(1) or (2), as applicable. The affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a building permit for any structure on the site.