Modesto Municipal Code Art. 6 Density Bonus: Donation of Land

When an applicant for a subdivision pursuant to Government Code Section 66410, et seq.; or other residential development approval donates land to the city, in accordance with this article, the applicant shall be entitled to a fifteen (15) percent increase above the otherwise maximum allowable residential density for the entire development, as shown in Table 10-8.601 (Donation of Land).

(a) This increase shall be in addition to any increase in density mandated by Article 8 (Density Bonus: Calculations), up to a maximum combined mandated density increase of thirty-five (35) percent, if an applicant seeks an increase pursuant to both this article and Article 8 (Density Bonus: Calculations).

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

(c) Nothing in this article shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development.

(d) An applicant shall be eligible for the increased density bonus described in this article if all of the following conditions are met:

(1) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application; and,

(2) The developable acreage and zoning classification of the land being transferred are sufficient to permit the construction of housing units affordable to very low-income households in an amount not less than ten (10) percent of the number of residential units of the proposed development; and,

(3) The transferred land is at least one (1) acre in size or of sufficient size to permit development of a least forty (40) units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure; and,

(4) The transferred land shall have all of the permits and approvals, excluding building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the city before the time of transfer; and,

(5) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Article 8 (Density Bonus: Calculations), which shall be recorded on the property at the time of the transfer; and,

(6) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer; and,

(7) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter (.25) mile of the boundary of the proposed development; and,

(8) A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

TABLE 10-8.601 - Donation of Land

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)