Mountain House Municipal Code Ch. 4 Residential Zones: Density Bonus

The intent of this Chapter is to provide a method by which residential developments which provide affordable housing shall receive a density bonus and incentive pursuant to Section 65915 of the Government Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

A residential development is eligible for a density bonus as follows:

(a) Very Low and Low-income Housing and Senior Housing. A residential development is eligible for a twenty (20) percent density bonus if the builder seeks and agrees to construct at least one (1) of the following:

(1) Ten (10) percent of the total units are affordable to low-income households at an affordable rent or affordable ownership cost; or

(2) Five (5) percent of the total units are affordable to very low-income households at an affordable rent or affordable ownership cost; or

(3) A senior citizen housing development, or mobile home park that limits residency based on age requirements for housing for older persons.

(b) Moderate Income Housing. A residential development is eligible for a five (5) percent density bonus if the builder seeks and agrees to construct ten (10) percent of the total units as for sale affordable to moderate income households, if the residential development also meets all of the following additional criteria:

(1) The residential development is a common interest development;

(2) All the dwelling units in the residential development are offered to the public for purchase; and

(3) The density bonus units are offered for sale at affordable ownership cost.

(c) Density Bonus for Land Donation, Child Care Facility, or Condominium Conversion.

(1) A residential development may be eligible for a density bonus for land donation pursuant to the requirements set forth in Government Code Section 65915(g).

(2) A residential development that contains a child care facility as defined in Government Code Section 65915(h) may be eligible for an additional density bonus or incentive pursuant to the requirements set forth in Section 65915(h).

(3) Condominium conversions may be eligible for a density bonus or incentive pursuant to the requirements set forth in Government Code Section 65915.5.

(Ord. 2024-18, § 1(Exh. A), 2024)

The density bonus for which the residential development is eligible shall increase if the percentage of very low, low, and moderate income units exceeds the base percentage established in Sections 9-3-402(a) and (b), as follows:

(a) Very Low-income Units. For each one (1) percent increase above five (5) percent in the percentage of density bonus units affordable to very low-income households, the density bonus shall be increased by two and one-half (2.5) percent up to a maximum of thirty-five (35) percent.

(b) Low-income Units. For each one (1) percent increase above ten (10) percent in the percentage of density bonus units affordable to low-income households, the density bonus shall be increased by one and one-half (1.5) percent up to a maximum of thirty-five (35) percent.

(c) Moderate Income For Sale Units. For each one (1) percent increase above ten (10) percent in the percentage for sale density bonus units affordable to moderate income households, the density bonus shall be increased by one percent up to a maximum of thirty-five (35) percent.

TABLE 9-3-4.1 DENSITY BONUS SUMMARY

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) A builder may request incentives pursuant to this section only when the builder is eligible for and receives a density bonus pursuant to Section 9-3-402. A residential development may receive the following number of incentives:

(1) One (1) incentive for a project that includes:

(A) At least five (5) percent of the total units for very low-income households;

(B) At least ten (10) percent of the total units for low-income households; or

(C) At least ten (10) percent for persons or families of moderate income in a common interest development.

(2) Two (2) incentives for a project that includes:

(A) At least ten (10) percent of the total units for very low-income households;

(B) At least twenty (20) percent of the total units for low-income households; or

(C) At least twenty (20) percent for persons and families of moderate income in a common interest development.

(3) Three (3) incentives for a project that includes:

(A) At least fifteen (15) percent of the total units for very low-income households;

(B) At least thirty (30) percent of the total units for low-income households; or

(C) At least thirty (30) percent for persons or families of moderate income in a common interest development.

(b) One (1) or more of the following incentives shall be made available to a builder eligible for incentives, per the requirements in Section 9-315.4(a) above, except as provided in Section 9-315.5:

(1) Reduction in setback;

(2) Reduction in lot width;

(3) Reduction in square footage requirements of the lot;

(4) Reduction in yard dimensions;

(5) Increase in building height;

(6) Increase in building intensity;

(7) Reduction of ratio of vehicular parking spaces per unit;

(8) Reduction in open space requirements; or

(9) Reduction in fees.

(c) In addition to the incentives described above, an applicant for a development that meets the requirements of Section 9-3-402 may request parking standards consistent with Government Code Section 65915.

(Ord. 2024-18, § 1(Exh. A), 2024)

If the Director concludes that an incentive as specified in Section 9-315.4 is not necessary for affordability of the target units, a written finding stating such shall be made.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) If a density bonus is desired by the applicant, the applicant shall submit a written request for a density bonus with the application for residential development, or with a Planned Development Zone application if the affordability bonus is in conjunction with the bonus for planned development (Section 9-8-1511(h)).

(b) A developer may submit a preliminary written proposal pursuant to this section prior to the submittal of any application for residential development. Within 90 days the City shall notify the developer in writing of any additional procedures necessary to comply with this section and Section 65915 of the Government Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) The developer shall agree to ensure continued affordability of all lower income density bonus units for:

(1) Thirty (30) years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; or

(2) Ten (10) years if the county does not grant at least one of the additional incentives and government financing with a longer designated preservation period is not used for the project.

(b) The developer shall enter into an Agreement with City of Mountain House to ensure compliance with the provisions of this section.

(Ord. 2024-18, § 1(Exh. A), 2024)