Chapter 17.51 — DENSITY BONUS

The purpose of a density bonus is to encourage the private sector to construct affordable housing for "target households" as defined by the Government Code. The city can approve a density bonus if a private sector housing developer agrees to construct a certain percentage of units for target households and agrees to maintain their affordability for a specific time period.

Section 65915 of the state Government Code states that when an applicant seeks a density bonus for a housing development in the city, the city shall provide the applicant incentives or concessions for the production of housing units and child care facilities.

(Ord. No. 380, § 1, 8-24-2016)

A.

"Density bonus": A density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and the land use element of the general plan as of the date of application. Density bonus percentages may range from five to thirty-five percent depending upon the percentage of

low-income, very low-income or moderate-income housing units proposed for construction by a housing developer.

B.

"Developer incentives":

Reduce or eliminate standards contained in the subdivision ordinance or the city's improvements manual.

Reduce or eliminate residential zone district requirements, including open space, lot size, setbacks, or parking standards.

Reduce or eliminate any design requirements exceeding uniform building code specification.

C.

"Housing development": One or more residential projects that have five or more residential units.

D.

"Low income household": A unit affordable to a household at a rent that does not exceed eighty percent of the county median household income.

E.

"Very low income household": A unit affordable to a household at a rent that does not exceed fifty percent of the county median household income.

F.

"Extremely low income household": A unit affordable to a household at a rent that does not exceed thirty percent of the county median household income.

G.

"Target households": Lower-income households or senior citizen households.

H.

"Senior households": Those residential units that have at least one occupant that is at least fifty-five years of age or older.

(Ord. No. 380, § 1, 8-24-2016)

An application for a density bonus shall be made to the planning department on a form prescribed by the department. A fee set by resolution of the city council shall accompany the application.

(Ord. No. 380, § 1, 8-24-2016)

Government Code Section 65915 indicates that when an applicant seeks a density bonus for a housing development, the density bonus requirements are triggered when the residential development sets aside at least ten percent of the total units as affordable to low-income households; or at least five percent of the total units as affordable to very low-income households; or at least ten percent of the total units as affordable for moderate-income households.

Development concessions or incentives that may be provided by the city include a reduction in site development standards; a modification of zoning code requirements (including a reduction in setbacks, square footage requirements, or parking spaces; or architectural design requirements which exceed the minimum building standards); 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 such nonresidential uses are compatible with the project; or other regulatory incentives or concessions proposed by the developer or the city which result in identifiable cost reductions.

A project that receives a density bonus and concession or incentive must retain affordability of the units for at least thirty years.

(Ord. No. 380, § 1, 8-24-2016)

If an applicant for a tentative subdivision map, parcel map, or some other type of residential development application donates land to city where very-low income housing can be developed, the developer shall be entitled to a minimum of fifteen percent increase above the allowable residential density under the zoning ordinance and land use element of the general plan.

(Ord. No. 380, § 1, 8-24-2016)

An application for a density bonus shall be made to the planning department on a form prescribed by the department. A fee set by resolution of the city council shall accompany the application.

(Ord. No. 380, § 1, 8-24-2016)

The planning department shall prepare a report on the density bonus application. The department shall provide a recommendation based on the following density bonus requirements.

A.

The housing development qualifies for a density bonus based on the requirements outlined in Government Code Sections 65915—65918.

B.

The applicant has provided to the city the legal instrument that will ensure that "target households" will remain affordable for at least thirty years.

C.

The application has selected a developer incentive or concession.

(Ord. No. 380, § 1, 8-24-2016)

Following the planning commission's review of the planning department's report on the applicant's request for a density bonus, the commission shall take action on the density bonus application based on the regulations contained in Government Code Sections 65915—65918. The commission can approve, approve with conditions, or deny the density bonus. Denial of a density bonus application shall require findings consistent with those in Government Code Sections 65915—65918.

The commission's recommendation shall be forwarded to the city council.

If the commission approves the density bonus and the developer provides an instrument that will ensure that "target households" will remain affordable for thirty years or longer, the commission may grant a developer incentive. If the commission finds that a developer incentive is not necessary to ensure the affordability of "target households," it shall make a written finding that the incentive or concession is not necessary.

The commission's decision shall not be based on a finding that "target households" will occupy the housing project and that this condition may have an adverse impact on the neighborhood or community.

Within ten days of adopting a resolution on the density bonus, the planning department shall forward the commission's recommendation to the city council and shall transmit a copy of the commission's resolution to the applicant.

(Ord. No. 380, § 1, 8-24-2016)

The city council shall consider the planning commission's recommendation and shall take action on the density bonus application. The council can approve, approve with modifications, or deny the density bonus application. One of the following actions shall be initiated:

A.

If the city council approves or approves with modification a density bonus application, the council shall adopt a resolution that confirms the finding associated with the approval or a density bonus project.

B.

Any modification of the proposed density bonus by the city council that is based on information not considered by the planning commission shall cause the density bonus application to be referred back to the commission for its reevaluation and recommendation.

(Ord. No. 380, § 1, 8-24-2016)

Agreements, contracts, or other instruments between the city and the developer shall be required to ensure that "target households" shall remain affordable for the period of time agreed to by the city and the developer. Said agreement shall be reviewed and approved by the city attorney and shall be recorded with the county recorder's office.

(Ord. No. 380, § 1, 8-24-2016)

The base density of a property for which a density bonus is being requested shall be determined by the property's zoning. A housing development may qualify for a minimum increase or density bonus of thirty- five percent over the maximum number of permitted residential units of the property's zoning.

(Ord. No. 380, § 1, 8-24-2016)