Chapter 22.80 — DENSITY BONUS

The purpose of this Chapter is to establish a program in accordance with California Government Code Section 65915 et seq. to provide both density increases and other incentives to encourage the creation of housing affordable to moderate-, low-, very low-, and extremely low-income households, seniors, and other qualifying households under State law. (Ord. No. 1459, § V, 6/26/2024)

• A. General. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as it may be amended from time to time.

• B. Compliance. The applicant shall comply with all requirements stated in California Government Code Sections 65915 through 65918. The requirements of California Government Code Sections 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this Code.

• C. Excluded development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under California Government Code Section 65915.

• D. Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of California Government Code Section 65915. Any changes to California Government Code Section 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this Article conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this Chapter. Any ambiguities in this Chapter shall be interpreted to be consistent with State Density Bonus Law.

• E. Replacement housing requirement. Pursuant to California Government Code Section 65915(c)(3), an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein.

• (Ord. No. 1459, § V, 6/26/2024)

• A. General. If a qualifying affordable housing project or land transfer/cash payment meets the criteria of California Government Code Section 65915 et seq., then the project shall be granted a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.

• B. Density bonus units. Except as otherwise required by California Government Code Section 65915, the density bonus units shall not be included when calculating the total number of

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City of Martinez, CA

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§ 22.80.030

§ 22.80.050

housing units that qualifies the housing development for a density bonus.

• C. Special needs housing. Projects which propose to provide housing exclusively for special needs populations, except for manager unit(s) (e.g., housing for seniors, the disabled, and/ or disabled veterans) affordable to extremely low-, very low-, low-, and/or moderate income-households in perpetuity, may receive up to one additional incentive beyond what is specified in California Government Code Section 65915 et seq.

• D. Market-rate senior citizen housing developments. Market-rate senior citizen housing developments that qualify for a density bonus shall not receive any other incentives or concessions, unless California Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

• (Ord. No. 1459, § V, 6/26/2024)

• A. Physical constraints. Except as restricted by California Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:

  1. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

  2. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

  3. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

  4. The waiver or reduction of the development standard would be contrary to state or federal law.

• B. Parking. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with California Government Code Section 65915(p), as that section may be amended from time to time.

• (Ord. No. 1459, § V, 6/26/2024)

• A. An application for a density increase or other incentives under this Chapter for a housing

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City of Martinez, CA § 22.80.050

MARTINEZ CODE

§ 22.80.050

development shall be submitted in writing to the Planning Division to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this Chapter, and in connection with the project for which the request is made, including, but not limited to, the following:

1. Site plan, drawn to scale, including building footprints, driveway(s), and parking layout;

2. A brief written description of the proposed housing development;

3. The zoning, general plan designations, and assessor's parcel number(s) of the project site;

4. The total number of housing units and/or shared housing units (as defined in California Government Code Section 65915(o)(6)) proposed in the development project, including unit sizes and number of bedrooms;

5. The total number of units proposed to be granted through the density bonus over and above the otherwise maximum density for the project site;

6. The total number of units to be made affordable to or reserved for sale, or rental to, extremely low-, very low-, low-, or moderate-income households, or senior citizens, or other qualifying households;

7. Calculations demonstrating the proposed project's consistency with applicable zoning density regulations and bonus percentages;

8. A written description of any requested incentives, concessions, waivers, or modification of development standards, or modified parking standards. For all incentives and concessions, except mixed-use development, the application shall include evidence deemed sufficient by the City that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. For waivers or modifications of development standards, the application shall include evidence deemed sufficient by the City that the waiver or modification is necessary to make the housing units economically feasible and that the development standard from which a waiver or modification is requested will have the effect of precluding the construction of the housing development at the densities to which the applicant is entitled pursuant to this Chapter and with the concessions and incentives permitted by this Chapter; and

9. The proposed method of ensuring the continued availability of the density bonus units, consistent with Section 22.80.060;

10. If a density bonus is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the conditions pursuant to Government Code Section 65915(g)(2)(A through H) are met; and

11. If a density bonus or incentive or concession is requested for a childcare facility pursuant to Government Code Section 65915(h), then the application shall show the location and square footage of the childcare facility and provide evidence that the community lacks adequate child care facilities.

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City of Martinez, CA

ZONING

§ 22.80.050

§ 22.80.050

• B. Review and consideration. If a density bonus development project includes an entitlement that would otherwise require approval from the Zoning Administrator, Planning Commission, or City Council, the applicant's request for density bonus and associated waivers/concessions will be reviewed concurrently with the project and shall be publicly noticed as otherwise required. If the density bonus development project does not involve these deciding bodies and/or public notification, then the request under this Chapter shall be reviewed separately by the Community and Economic Development Director, or designee, without requiring a public hearing or public notification. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.

• C. Required findings. Before approving an application for a density bonus, incentive, concession, waiver, or modification of a development standard, the deciding body shall affirmatively make the following findings:

  1. If the density bonus is based all or in part on a donation of land, the conditions of Government Code Section 65915(g)(2)(A through H) are met.

  2. If the density bonus, incentive, or concession is based all or in part on the inclusion of a childcare facility, that the conditions included in Government Code Section 65915(h)(2)(A) and (B) are met.

  3. If the incentive or concession includes mixed use development, the finding included in Government Code Section 65915(k)(2) are met.

  4. If a waiver or modification of a development standard is requested, then the applicant has demonstrated, for each requested concession or incentive that such concession or incentive is necessary to make the housing units economically feasible and that the development standards from which a waiver or modification is requested will otherwise have the effect of precluding the construction of a housing development at the densities to which the applicant is entitled pursuant to this Chapter or with the concessions and incentives permitted by this Chapter. Consistent with Government Code Section 65915(a)(2), if additional and reasonable documentation is needed to support a request for a concession, incentive, or waiver, then the City may request additional analysis at the cost of the applicant.

• D. Concession or incentive denial. The deciding body may deny a concession or incentive if it makes a written finding based upon substantial evidence of either of the following:

  1. The concession or incentive does not result in identifiable and actual cost savings to provide affordable housing costs or for rents for the targeted units, consistent with Government Code Section 65915.

2. The concession or incentive would have a specific adverse impact upon public health, safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to extremely low-, very low-, low-, or moderate-income households. For purposes of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

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City of Martinez, CA

MARTINEZ CODE

§ 22.80.050

§ 22.80.060

• E. Waiver or modification denial. The deciding body may deny a waiver or modification of a development standard only if it makes a written finding based upon substantial evidence or either of the following:

  1. The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to extremely low-, very low-, low-, or moderate-income households. For purposes of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

  2. The waiver or modification would have an adverse impact on any real property listed in the California Register of Historical Resources.

• F. Childcare facilities denial. If a density bonus or concession or incentive is based on the provision of childcare facilities, then the deciding body may deny the density bonus or concession or incentive if it finds, based on substantial evidence, that the City already has adequate childcare facilities.

• (Ord. No. 1459, § V, 6/26/2024)

• A. Density bonus housing agreement. An applicant requesting a density bonus shall agree to enter into an affordable housing agreement ("agreement") with the City in the City's standard form of agreement or otherwise approved to form by the City Attorney. Execution of the agreement shall be made a condition of approval for any discretionary planning permit for housing developments pursuant to this Chapter and shall be recorded as a restriction on all parcels on which the housing units which qualify the housing development for a density bonus will be constructed.

• B. Recording of agreement. The agreement shall be recorded prior to the final or parcel map approval, or, where the housing development does not include a map, prior to the issuance of a building permit.

• C. Contents of the agreement. Each agreement shall include, but not be limited to, the following:

  1. A description of the residential development, including whether the housing units which qualify the housing development for a density bonus will be rented or owneroccupied;

  2. The number, size, and location of the housing units which qualify the housing development for a density bonus;

  3. Provisions and/or documents for resale restrictions, deeds of trust, right of first refusal, or rental restrictions;

  4. Provisions for monitoring the ongoing affordability of the housing units which qualify the housing development for a density bonus, and the process for qualifying prospective resident households for income eligibility; and

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City of Martinez, CA

ZONING

§ 22.80.060

§ 22.80.060

5. Any additional obligations relevant to compliance with this Chapter.

• D. Owner-occupied agreements. The purchaser of owner-occupied or rental housing units which qualified the housing development for a density bonus shall execute the City's standard form agreement, to be recorded against the parcel, and which includes such provisions as the City may require to ensure continued compliance with this Chapter.

• E. Agreements for child care facilities and land donations. Density bonus housing agreements for child care facilities and land dedications shall ensure continued compliance with all conditions included in Government Code Section 65915(h)(2)(A) and (B) and Government Code Section 65915(g) (2)(A through H), respectively.

• (Ord. No. 1459, § V, 6/26/2024)

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City of Martinez, CA