Monrovia Municipal Code Ch. 17.38 Density Bonus

The purpose of this chapter is to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the city's housing element, to comply with Cal. Gov't Code §§ 65915 et seq., commonly referred to as State Density Bonus Law, as the same may be amended from time to time, which shall govern the interpretation and implementation of this chapter. This chapter provides regulations for considering density bonus, concession or incentive, or waiver or reduction of a development standard requests for the development of housing that is affordable to acutely-, extremely low-, very low-, low-, and moderate-income households; foster youth; disabled veterans; homeless persons; lower-income students; and senior citizens or other qualified residents, in accordance with State Density Bonus Law. In the case of any conflict between this chapter and State Density Bonus Law, the specific provisions of State Density Bonus Law will prevail.

(Ord. 2025-09 § 13, 2025)

The following definitions shall be applicable to this chapter.

AFFORDABLE HOUSING UNIT (DENSITY BONUS). A residential dwelling unit in a housing development that is subject to affordability restrictions established in accordance with this chapter and Cal. Gov't Code § 65915. For rental housing, an affordable housing unit (density bonus) is one for which the allowable monthly housing expenses including rent, utilities, and other permitted costs do not exceed a specified proportion of the applicable county's median income (adjusted for household size) as determined by city guidelines and applicable state law. For ownership housing, an affordable housing unit (density bonus) is one sold at an affordable sales price and housing cost and is subject to resale restrictions that preserve affordability.

BASE DENSITY. The maximum number of dwelling units allowed under the zoning ordinance, specific plan, or the general plan land use element applicable to the project, or, if a range of density is permitted, base density means the greatest number of units allowed by the specific zoning district, specific plan, or the land use element designation applicable to the project.

COMMON INTEREST DEVELOPMENT. As set forth in Cal. Civil Code § 4100.

CONCESSION OR INCENTIVE. As set forth in Cal. Gov't Code § 65915(k), which is:

(1) 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 Cal. Health and Safety Code Division 13, Part 2.5 (commencing with § 18901), 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 Cal. Health and Safety Code § 50052.5, or for rents for the targeted units to be set as specified in Cal. Gov't Code § 65915(c).

(2) 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 the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in

the area where the proposed housing project will be located.

(3) Other regulatory concessions or incentives proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Cal. Health and Safety Code § 50052.5, or for rents for the targeted units to be set as specified in Cal. Gov't Code § 65915(c).

DEVELOPMENT STANDARD. As set forth in Cal. Gov't Code § 65915(o)(2); a site or construction condition, including, but not limited to, a height limitation, setback requirement, floor area ratio, an on-site open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a housing development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation.

DISABLED VETERAN. As set forth in Cal. Gov't Code § 18541; any veteran who is currently declared by the United States Veterans Administration to be 10% or more disabled as a result of service in the armed forces. Proof of such disability shall be deemed conclusive if it is of record in the United States Veterans Administration.

EQUIVALENT SIZE DWELLING UNIT. A dwelling unit that replaces another dwelling unit and contains at least the same number of bedrooms as the unit being replaced.

FOSTER YOUTH. As set forth in Cal. Education Code § 66025.9; a person in California whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth's thirteenth birthday and who is no older than 25 years of age at the commencement of the academic year.

HOMELESS PERSON. As defined in § 11302 of the federal McKinney-Vento Homeless Assistance Act (42 USC 119).

HOUSING DEVELOPMENT. As set forth in Cal. Gov't Code § 65915(i); a development project for five or more residential dwelling units, including mixed-use developments, subdivisions, or common interest development. A housing development may consist of residential units or unimproved residential lots, and either a project to substantially rehabilitate and convert an existing commercial building to residential use, or the substantial rehabilitation of an existing multi-family dwelling where the result of the rehabilitation would result in a net increase in available residential units. For purposes of calculating a density bonus, the 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. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower-income households are located.

LOWER-INCOME STUDENT. As set forth in Cal. Gov't Code § 65915(o)(4); a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Cal. Education Code § 69432.7(k)(1). The eligibility of a student to occupy a unit for lower-income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.

SENIOR CITIZEN HOUSING DEVELOPMENT. As set forth in Cal. Civil Code § 51.3(b)(4); a housing development developed, substantially rehabilitated, or substantially renovated for, senior citizens that has at least 35 dwelling units. Any senior citizen housing development which is required to obtain a public report under Cal. Business and Professions Code § 11010 and which submits its application for a public report after July 1, 2001, shall be required to have been issued a public report as a senior citizen housing development under Cal. Business and Professions Code § 11010.05. No housing development constructed prior to January 1, 1985, shall fail to qualify as a senior citizen housing development because it was not originally developed or put to use for occupancy by senior citizens.

SHARED HOUSING BUILDING. As set forth in Cal. Gov't Code § 65915(o)(7); a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. A SHARED HOUSING BUILDING may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25% of the floor area of the shared housing building. A shared housing building may include 100% shared housing units.

SHARED HOUSING UNIT. As set forth in Cal. Gov't Code § 65915(o)(7); one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Cal. Residential Code § R304 (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code. SHARED HOUSING UNIT for purposes of a residential care facility for the elderly, as defined in Cal. Health and Safety Code § 1569.2, includes a unit without an individual kitchen where a unit may be shared by unrelated persons, and a unit where a room that may be shared by unrelated persons meets the "minimum room area" requirements of the California Residential Code.

STUDENT HOUSING DEVELOPMENT. As set forth in Cal. Gov't Code § 65915(o)(8); a development that contains bedrooms containing two or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen.

TOTAL UNITS OR TOTAL DWELLING UNITS.

(1) As set forth in Cal. Gov't Code § 65915(o)(9); a calculation of the number of units that:

(a) Excludes unit(s) added by a density bonus awarded pursuant to this chapter.

(b) Includes unit(s) designated to satisfy the requirements of Chapter 17.42.

(2) For purposes of calculating a density bonus granted pursuant to this chapter for a shared housing building, UNIT means one shared housing unit and its pro rata share of associated common area facilities.

UNOBSTRUCTED ACCESS. Access to a major transit stop that the income qualified resident of the housing development is able to walk or bike to from the residence without encountering natural or constructed impediments, which include, but are not limited to, freeways, rivers, mountains, harbors and other bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit with legal pedestrian access through the property.

WAIVER. A waiver or reduction of a development standard that would have the effect of physically precluding the construction of a development eligible for a density bonus at the density or with the concessions or incentives permitted by Cal. Gov't Code § 65915.

VERY LOW VEHICLE TRAVEL AREA. As set forth in Cal. Gov't Code § 65915(o)(10); an urbanized area, as designated by the United States Census Bureau, where the existing housing development generates vehicle miles traveled per capita that is below 85% of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this definition, "area" may include a travel analysis zone, hexagon, or grid. For the purposes of determining "regional vehicle miles traveled per capita" pursuant to this definition, a "region" is the entirety of incorporated and unincorporated areas governed by a multi-county or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.

(Ord. 2025-09 § 13, 2025)

(A) The provisions of this chapter shall only apply to a housing development with five or more residential dwelling units.

(B) Projects with special targeting, including foster youth, disabled veterans, homeless persons, or other populations with specific needs, may be subject to additional requirements or concessions/incentives, as provided in applicable local, state, or federal regulations.

(Ord. 2025-09 § 13, 2025)

(A) The following method shall be used in determining the total number of units to be granted, including how to calculate base density and bonus density as well as the resulting number of affordable units needed for a given density bonus project. An applicant shall not be granted a density bonus greater than that permitted by Chapter 17.38 or by state law.

(B) Calculation.

(1) Compliance with State Density Bonus Law. All density bonuses shall be consistent with Cal. Gov't Code § 65915. If the calculation under this section would result in a lesser number of affordable housing units compared to State Density Bonus Law requirements, or undermines the goals of State Density Bonus Law, State Density Bonus Law shall take precedence over this section.

(2) Fractional units. The calculation of a density bonus in compliance with this section that results in fractional units, including base density and bonus density, shall be rounded up to the next whole number.

(3) Increased density limit. A housing development shall not exceed the cumulative total of base units allowed under the applicable zoning plus any bonus density units permitted by State Density Bonus Law and this section. No incentive, concession, or development standard waiver shall be used to exceed this combined maximum density.

(4) Election to accept lesser density bonus. An applicant for a density bonus may elect to provide a lesser percentage of density bonus increase than what is allowed, or no density increase, but shall remain eligible for concessions or incentives, waivers, and eligible parking requirements provided the project meets the eligibility requirements of this section and the State Density Bonus Law.

(5) Exclusion of density bonus units. The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development project for a density bonus.

(6) Minimum density requirements. No concession, incentive, or waiver shall be used to avoid, reduce, or otherwise circumvent the minimum required density in any zone.

(7) Multiple eligibility categories. If a residential development project qualifies for a density bonus under more than one category, such as income-based eligibility, senior citizen housing, or housing designated for transitional foster youth, disabled veterans, homeless persons, or lower-income students, the applicant must identify which categories they are using to qualify for a density bonus. Density bonuses from more than one category can be combined up to the maximum allowed under Cal. Gov't Code § 65915.

(Ord. 2025-09 § 13, 2025)

An application for a density bonus, concession or incentive, waiver, or revised parking standard pursuant to this chapter shall be submitted on a form prescribed by the Community Development Director or their designee and shall include at least the following information:

(A) A legal description, address, and assessor's parcel number(s) of the project site, and present and proposed (as applicable) zoning and general plan land use designation.

(B) Summary project data table showing:

(1) Base density permitted by the zoning and general plan excluding any density bonus units;

(2) When subject to Chapter 17.42, identify the required affordability percentage, number of required units, and the targeted household income;

(3) The proposed number and percentage of affordable units by income level;

(4) Proposed density bonus percentage;

(5) Number of density bonus units proposed;

(6) The total number of dwelling units proposed on the site and off-site, as applicable; and

(7) The project's conformance to all objective development standards.

(C) A detailed vicinity map showing the project location and location of any off-site units, and such details as the location of the nearest commercial retail, transit stop, potential employment locations, park or recreation facilities or other social or community service facilities.

(D) Existing site plan drawn to scale, showing existing project site, showing any structures to remain and/or be demolished.

(E) Affordable housing plan for density bonus purposes, which shall include, but be not limited to, the following:

(1) Scaled site and floor plans showing building types (attached, semi-detached, detached), tenure (for-sale or rental), unit sizes, and the number and location of market-rate units, commercial space, and affordable housing units (density bonus).

(2) Income category assigned to each identified affordable housing unit (density bonus) location.

(3) The phasing of the construction of the affordable housing units (density bonus) in relation to the nonrestricted units in the housing development.

(F) Replacement housing documentation.

(1) A description of all dwelling units that existed on the site at any time during the five-year period preceding the date of submittal of the application. This documentation shall include records of rental occupancy, income levels of tenants, and any recorded covenants, ordinances, or laws restricting rents to levels affordable to low- or very low-income households.

(a) Affordable rental units subject to covenants or restrictions. If the site currently contains, or previously contained within the preceding five years prior to application submittal, rental units subject to a recorded covenant, ordinance, or law restricting rents to levels affordable to persons and families of low- or very low-income, replacement housing is required.

(b) Occupied units by low- or very low-income households. If the site currently contains units occupied by low- or very low-income households or contains units that were rented to such households within the five years preceding the application, replacement housing is required.

(2) If any of these conditions exist on the property, the application must identify how such units will be replaced in the density bonus project.

(G) A letter signed by the present owner stating what specific density bonus, concessions or incentives, and waivers are being requested from the city, and if reduced parking pursuant to State Density Bonus Law is being requested.

(H) Requested concessions or incentives.

(1) Applicants may request concessions and incentives as defined in State Density Bonus Law. The applicant shall not request a number of concessions or incentives in excess of the number permitted by State Density Bonus Law.

(2) For each requested concession or incentive, the application shall include the following minimum documentation:

(a) A clear description of the standard proposed to be modified, and the specific relief requested.

(b) Documentation sufficient for the city to determine that granting the request will result in identifiable and actual cost reductions, as follows:

1. For all concessions or incentives other than the approval of mixed-use zoning: reasonable documentation demonstrating that each requested concession or incentive results in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Cal. Health and Safety Code § 50052.5, or for rents for the targeted units to be set as specified in Cal. Gov't Code § 65915.

2. If the requested concession or incentive involves the approval of mixed use zoning, the applicant shall demonstrate that:

a. The inclusion of nonresidential land uses will reduce the housing development costs;

b. The proposed nonresidential land uses are compatible with the residential component of the housing project and surrounding existing or planned development.

(I) Requested waivers or reductions of development standards.

(1) The applicant shall identify each requested waiver, including a description of the specific development standard proposed to be modified.

(2) For each requested waiver, the applicant shall provide sufficient information for the city to determine that the development standard would physically preclude the construction of the residential project at the proposed density and with the requested concessions and incentives.

(J) Financial incentives. The provisions of this chapter shall not be interpreted to require or limit the city from providing direct financial incentives, including the provision of publicly owned land or the waiver of fees or dedication requirements.

(K) Requested parking reductions. Identify whether a reduction in the required on-site vehicular parking ratio is requested pursuant to Cal. Gov't Code § 65915(p), as may be amended from time to time. An applicant may request this parking reduction in addition to the concessions or incentives and waivers. The application shall include a table showing parking required by the zoning regulations, parking proposed under State Density Bonus Law, and sufficient documentation that the project is eligible for the requested parking reduction.

(L) Land donation. Applications for a density bonus that include a land donation to the city pursuant to Cal. Gov’t Code § 65915(g) shall show the location of the land to be donated, provide proof of site control, and provide evidence that the applicant meets all of the eligibility criteria identified in Cal. Gov't Code § 65915(g). The donation shall be documented in a form approved by the City Attorney, and shall be made no later than the date of approval of the final subdivision map, parcel map, or residential development application.

(M) Child daycare facility. Applications for a density bonus that include a childcare facility shall show the location and square footage of the childcare facility and provide evidence that the housing development conforms to all of the requirements of Cal. Gov't Code § 65915(h).

(N) Senior citizen housing. Applications for density bonus projects that include a senior citizen housing development, as defined in Cal. Civil Code §§ 51.3 and 51.12, shall document that units in the housing development are occupied by senior citizens or other eligible persons under State Density Bonus Law.

(O) Condominium conversion. Applications for a density bonus that include a request for a condominium conversion shall include sufficient documentation that the project meets all of the requirements identified in Cal. Gov't Code § 65915.5.

(Ord. 2025-09 § 13, 2025)

(A) Filing and processing requirements. An application for a density bonus, concession or incentive, waiver, or parking reduction pursuant to State Density Bonus Law shall be submitted concurrently with the first application for a discretionary or ministerial permit required for the housing development, whichever is filed first. The application shall be on a form provided by the Community Development Director, or their designee, as provided in § 17.38.050, and processed in compliance with this chapter and Chapter 17.52. No additional discretionary approval shall be required solely to grant a density bonus or related benefit under State Density Bonus Law. The city shall notify the applicant whether the application is complete pursuant to Cal. Gov't Code § 65943. If the underlying permit is appealed, the appeal shall be processed in accordance with §§ 2.52.060 or 2.52.070 of this code, as applicable to the initial decision, and shall include any associated requests for the project made under State Density Bonus Law.

(B) General plan and zoning consistency. The granting of a density bonus, concession or incentive, waiver, or parking reduction pursuant to this chapter shall not, in and of itself, be interpreted to require a general plan amendment, zoning map amendment, development code amendment, zone change, other discretionary approval, or the waiver of any city ordinance or provision thereof that is unrelated to development standards.

(C) Review and decision. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, the decision-making body shall determine whether the application conforms to the following requirements of State Density Bonus Law and this chapter, as applicable:

(1) Replacement housing. The housing development provides the housing required by State Density Bonus Law to be eligible for a density bonus and any concessions or incentives, waivers or reductions of development standards, or parking reduction requested, including required replacement housing as required by Cal. Gov't Code § 65915(c)(3), as may be amended from time to time.

(2) Stacked density. If applicable, the housing development provides the housing required by State Density Bonus Law to be eligible for an additional density bonus under Cal. Gov't Code § 65915(v)(1), as may be amended from time to time.

(3) Concession or incentive documentation. If a concession or incentive is requested, sufficient documentation has been presented showing that any requested concession or incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents; or, if the approval of mixed-use zoning is requested, the application must meet all of the requirements of Cal. Gov't Code § 65915(k)(2), as may be amended from time to time.

(4) Waiver. If a waiver is requested, the applicant shall demonstrate that the development standard would have the effect of physically precluding the construction of the development eligible for a density bonus at the allowed density, or with the concessions or incentives permitted by Cal. Gov't Code § 65915.

(5) Parking reductions. The housing development is eligible for any requested parking reductions under Cal. Gov't Code § 65915(p) or other applicable law.

(6) Land donation bonus. If the density bonus is based all or in part on donation of land, the applicant meets the requirements of Cal. Gov't Code § 65915(g), as may be amended from time to time.

(7) Childcare facilities and condo conversions. If the density bonus, concession, or incentive is based all or in part on the inclusion of a childcare facility or condominium conversion, the project meets the requirements included in Cal. Gov't Code §§ 65915(h) or 65915.5, as applicable, and as may be amended from time to time.

(D) Concession and incentive findings. The decision-making body shall grant a concession or incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

(1) The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Cal. Health and Safety Code § 50052.5, or for rents for the targeted units to be set as specified in Cal. Gov't Code § 65915;

(2) The concession or incentive would have a specific adverse impact upon public health and safety, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or

(3) The concession or incentive would be contrary to state or federal law.

(E) Waiver findings. The decision-making body shall grant the waiver requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

(1) The proposed waiver would be contrary to state or federal law;

(2) The proposed waiver would have an adverse impact on any real property listed in the California Register of Historical Resources;

(3) The proposed waiver would have a specific adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

(4) The development standard proposed to be waived or reduced would not physically preclude the construction of the development at the densities or with the concessions or incentives permitted by this chapter.

(F) Childcare center findings. The decision-making body shall approve an additional density bonus or concession or incentive for a childcare facility included in a housing development in accordance with Cal. Gov't Code § 65915(h), unless it finds, based on substantial evidence, that the community has adequate childcare facilities.

(G) Minor modifications. A request for a minor modification of an approved density bonus housing plan may be granted by the Community Development Director, or their designee, if the modification substantially complies with the original plan and all conditions of approval. Modifications to the density bonus housing plan that do not qualify as minor shall be processed in the same manner as the original plan. Permissible minor modifications may include, but are not limited to, revisions to internal unit layout, minor facade refinements, or limited adjustments to the building footprint, provided such changes do not increase the overall density or reduce the number of affordable housing units (density bonus). The Community Development Director, or their designee, shall document the rationale in writing when approving a minor modification.

(Ord. 2025-09 § 13, 2025)

The applicant approved for a density bonus, concession or incentive, waiver, or parking reduction under this chapter shall enter into a binding affordable housing agreement as outlined in § 17.52.380.

(Ord. 2025-09 § 13, 2025)

Affordable housing units (density bonus) shall be designed and distributed within the housing development as follows:

(A) Number of bedrooms. Affordable housing units (density bonus) shall reflect the range of numbers of bedrooms provided in the housing development project as a whole. For purposes of this section, the range of numbers of bedrooms shall mean the percentage of units that contain a certain number of bedrooms (e.g., if 20% of the units in a project are two-bedroom units, then 20% of the affordable units shall be two-bedroom units). The Director shall have the authority to determine a project's compliance with this section.

(B) Comparable quality and facilities. Affordable housing units (density bonus) shall be constructed to the same quality and exterior design as the market-rate housing units. Additionally, the affordable housing units (density bonus) shall have access to the same laundry, recreation, and other facilities that are made available to the market-rate housing units.

(C) Access. The occupants of the affordable housing units (density bonus) shall have the same access to common entrances and any common areas including parking areas in that development as the occupants of the market-rate housing units.

(D) Size and finish. Subject to the requirements of this section and this code, affordable housing units (density bonus) may be smaller and have different interior finishes, appliances and features than the market-rate units.

(E) Location. Affordable housing units (density bonus) shall be distributed throughout the housing development.

(Ord. 2025-09 § 13, 2025)

(A) Residential development is also subject to the Inclusionary Housing Ordinance, as codified in Chapter 17.42. Affordable units that are physically constructed as part of a housing development and reserved for very low-, low-, or moderate-income households may be used to satisfy both the requirements of the Inclusionary Housing Ordinance and qualify the project for benefits under State Density Bonus Law, provided the units meet the standards of both programs.

(B) For projects subject to either Chapter 17.42 or this Chapter 17.38, the applicant shall execute an affordable housing agreement pursuant to § 17.52.380 of this code.

(Ord. 2025-09 § 13, 2025)

Cross-reference:

Affordable Housing Requirements, see Ch. 17.42