Chapter 17.43 — Density Bonus, Waivers and Incentives

This Chapter establishes procedures to implement the State's Density Bonus law as set forth in Government Code Section 65915. The incentives in this Section are used by the City as a means of meeting its commitment to encouraging the provision of affordable housing to all economic groups living within the City.

(Ord. 7056 § 3 (Exh. 1) (part), 2006)

The provisions of this Section apply only to multi-family residential and mixed-use development projects consisting of five or more dwelling units not including units granted as a density bonus.

(Ord. 7056 § 3 (Exh. 1) (part), 2006)

The following terms used in this Chapter are defined in Article 8 (Glossary of Specialized Terms and Land Use Types) under the term "Affordable Housing Definitions.

(Ord. 7160 § 28, 2009; Ord. 7056 § 3 (Exh. 1) (part), 2006)

A.

Density bonus requirement. A request for a density bonus shall not require any discretionary approval by the City. A request for a density bonus pursuant to this Chapter shall only be granted if an applicant seeks and agrees to construct one of the following:

At least 5 percent of the units are dedicated to very low-income households;

At least 10 percent of the units are dedicated to low-income and very low-income households;

At least 10 percent of the units are dedicated to moderate-income households and are available to the general public for sale; or

At least 35 dwelling units are available exclusively to persons aged 55 and older and to those residing with them.

B.

Density bonus of up to 35 percent. In calculating the number of units required for very low, low, and moderate-income households, the density bonus units shall not be included.

The density bonus for very low-income units shall be calculated as follows.

Table 4-3 - Increase in Allowable Density for Very Low-Income Units

Percentage of Very Low-Income Units Percentage Density Bonus

5 20

6 22.5

7 25

8 27.5

9 30

10 32.5

11 35

The density bonus for low-income units shall be calculated as follows.

Table 4-3.1 - Increase in Allowable Density for Low-Income Units

Percent Low-Income Units Percentage Density Bonus

10 20

11 21.5

12 23

13 24.5

14 26

15 27.5

16 29

17 30.5

18 32

19 33.5

20 35

The density bonus for moderate-income ownership units shall be calculated as follows.

Table 4-3.2 - Increase in Allowable Density for Moderate-Income ownership Units

Percentage Moderate-Income Units Percentage Density Bonus

10 5

11 6

12 7

13 8

14 9

15 10

16 11

17 12

18 13

19 14

20 15

21 16

22 17

23 18

24 19

25 20

26 21

27 22

28 23

29 24

30 25

31 26

32 27

33 28

34 29

35 30

36 31

37 32

38 33

39 34

40 35

The density bonus for a project for persons aged 55 and older, and those residing with them, shall be 20 percent.

C.

Density bonus of up to 50 percent in Central District. Projects in Central District subdistricts CD-1, CD-2, CD-3, and CD-4 may be granted a density bonus of up to 50 percent above the maximum density, according to the following formula: for each additional percentage point of very low income units above 11 percent, a bonus of 2.5 percent may be granted, for each additional percentage point of low-income units above 20 percent, a bonus of 1.5 percent may be granted, and for each percentage point of moderate-income units above 40 percent, a bonus of one percent may be granted. A Conditional Use Permit (Section 17.61.050) shall be required for any density bonus exceeding 35 percent.

D.

Bonuses not combined. The bonuses that are available under this section shall not be combined.

(Ord. 7056 § 3 (Exh. 1) (part), 2006)

A.

Concessions and other incentives. An applicant who utilizes the density bonus provisions of this chapter may request one or more concessions or other incentives as follows.

One concession or other incentive for projects that include at least 5 percent of the units for very low-income households, 10 percent of the units for low-income households, or 10 percent of the units for moderate-income households when the units are available for sale to the public.

Two concessions or other incentives for projects that include at least 10 percent of the units for very low-income households, 20 percent of the units for low-income households, or 20 percent of the units for moderate-income households when the units are available for sale to the public.

Three concessions or other incentives for projects that include at least 15 percent of the units for very low-income households, 30 percent of the units for low-income households, or 30 percent of the units for moderate-income households when the units are available for sale to the public.

Affordable Housing Concession Permit. An applicant may submit an application for an Affordable Housing Concession Permit, for approval of a request for the concessions and other incentives.

B.

Application requirements. An applicant for an Affordable Housing Concession Permit shall be filed in compliance with Chapter 17.60 (Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for the Affordable Housing Concession application, including the specific economic information described in the handout.

C.

Procedure. The procedure for an Affordable Housing Concession Permit shall be the same as for a Minor Variance (Section 17.61.080.C.3) Affordable Housing Concession Permits may be granted with approval by the Hearing Officer. The Hearing Officer may:

Approve the concession and/or other incentive described in application for the Affordable Housing Concession Permit.

Deny the concession and/or other incentive described in the application for the Affordable Housing Concession Permit.

Approve one or more concession and/or other incentives and deny one or more other concessions and/or incentives, if more than one concession or other incentives is described in the application for the Affordable Housing Concession Permit.

D.

Findings. A concession or other incentive shall be approved upon making the following findings.

The concession or incentive is required in order for the designated units to be affordable.

The concession or incentive would not have a specific adverse impact on public health, public safety, or the physical environment, and would not have an adverse impact on a property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigated or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households. A specific adverse impact is 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 the application was deemed complete.

(Ord. 7099 § 27, 2007; Ord. 7056 § 3 (Exh. 1) (part), 2006)

A.

Eligibility. An applicant who utilizes the density bonus provisions of this chapter and complies with the following shall not be subject to the application requirements, procedures, or findings set forth in Section 17.43.050 - Concessions and Other Incentives:

The project complies with the minimum number of inclusionary units set forth in Section 17.42.040(A) by providing the units on-site; and

The applicant does not request any concession or incentive except for those specified within the affordable housing concession menu in this section.

B.

Concession Menu. An eligible applicant shall be entitled to utilize no more than two of the following concessions:

Height. Increase in maximum allowable height of each building by up to 12 feet beyond otherwise applicable standard over no more than 60% of the proposed footprint of the respective building. This concession shall not be applicable to any other development standards relating to building scale and massing, including but not limited to, encroachment plane and view corridor preservation standards.

a.

Height averaging. In areas where height averaging is allowed, the project may utilize either the height increase in this concession, or the applicable height averaging standards, but not both. The additional height allowed under this concession shall apply to the average height, and not the maximum height indicated in the height averaging standards.

Floor area ratio. Increase in maximum allowable floor area ratio by up to 0.5 beyond otherwise applicable standard. This increase shall apply to the floor area ratio itself, and not the resulting allowable gross floor area, as shown in the following examples:

a.

Examples. For zones with a maximum floor area ratio of 1.5, this concession shall allow a floor area ratio of up to 2.0. For zones with a maximum floor area ratio of up to 2.25, this concession shall allow a floor area ratio of up to 2.75.

Setbacks. Reduction of side or rear setback requirements by up to 50% from otherwise applicable standards. This concession applies only to setbacks from property lines, and shall not be applicable to setbacks from required gardens or any development standards relating to building separation, including but not limited to light and air separation.

a.

Exceptions.  

This concession shall not apply to any setback that is adjacent to any RS Zoning District or a Historic Resource.

Setback reductions pursuant to this concession shall not result in the removal of a protected tree, nor shall they exempt a project from meeting the requirements of Chapter 8.52 - City Trees and Tree Protection Ordinance.

Loading. Exemption from any of the requirements set forth in Section 17.46.260 - Number, Location, and Design of Off- Street Loading Spaces.

Parking. Reduction of the minimum number of off-street automobile parking space requirements by up to 50% below otherwise applicable standards, provided that the project site is located within the Central District Transit Oriented area (Figure 1), or any portion of the project site is located within a one-half mile radius of any Metro Gold Line Station, with the exception of the Sierra Madre Villa Station. The 50% reduction shall be in addition to any other applicable parking reduction, including but not limited to those included in Section 17.43.090 - Alternative Parking Standards and Section 17.50.340 - Transit-Oriented Development (TOD).

(Ord. No. 7419, § 4, 2-26-2024; Ord. No. 7353, § 3 (Exh. 2), 11-4-2019)

A.

Waiver of Development Standards. If compliance with a development standard would physically preclude construction of a residential or mixed-use project utilizing a density bonus, and concession or incentive, in compliance with this Chapter, the applicant may submit a proposal for waiver or reduction of the development standard. Projects that utilize a waiver of development standards shall not be permitted to utilize the Modulation alternative compliance process under an adopted Specific Plan.

B.

Application requirements. An application for a Waiver of a Development Standards Permit shall be filed in compliance with Chapter 17.60 (Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Waiver of Development Standards Permit application, including the specific economic information described in the handout.

C.

Procedure. The procedure for a Waiver of Development Standards Permit shall be the same as for a Minor Variance (Section 17.61.080.C.3). A Waiver of Development Standards Permit may be granted with approval by the Hearing Officer. The Hearing Officer may:

Approve the waiver and/or reduction of development standard; or

Deny the waiver and/or reduction of development standard; or

Approve one or more waivers and/or reductions and deny one or more other waivers and/or reductions, if more than one waiver or reduction is described in the application.

D.

Findings. A Waiver of Development Standards Permit shall be approved upon making the following findings.

The waiver or reduction in a development standard is required for construction of the development project at the density to which the project is entitled and with all concessions or other incentives approved for the project.

The waiver or reduction in a development standard will not have a specific adverse impact on public health, public safety, or the physical environment, and will not have an adverse impact on a property that is 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, or adverse impact, without rendering the development unaffordable to low- and moderate-income households.

The waiver or reduction in a development standard is necessary because applications of the development standards would physically preclude construction of a project utilizing a density bonus, concession or incentive.

(Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7169 § 14, 2009; Ord. 7160 § 29, 2009; Ord. 7056 § 3 (Exh. 1) (part), 2006)

A.

Floor area bonus or concession for inclusion of child day-care facility. An application for a development project that complies with the density bonus requirement of this section and that also includes a child day-care center that will be located on the premises of, as part of, or adjacent to, the project may request one additional bonus or concession as follows.

Additional net floor area for housing units that is equal to or greater than the net floor area in the child day-care center.

A concession that contributes significantly to the economic feasibility of the construction of the child day-care center, in addition to a concession granted for designated dwelling units.

B.

Application requirements. An application for a Child Day-Care Bonus or Concession Permit shall be filed in compliance with Chapter 17.60 (Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for a Child Day-Care Bonus or Concession Permit application, including the specific economic information described in the handout.

C.

Procedure. The procedure for a Child Day-Care Bonus or Concession Permit shall same as for a Minor Variance (Section 17.61.080.C.3) Child Day-Care Bonus or Concession Permits may be granted with approval by the Hearing Officer. The Hearing Officer may:

Approve the bonus or concession described in the application for the Child Day-Care Bonus or Concession Permit, if the findings below are made.

Deny the bonus or incentive described in the application for the Child Day-Care Bonus or Concession Permit, if the necessary findings cannot be made.

D.

Findings. A child day-care bonus or concession shall be approved upon making the following findings.

The bonus or concession would contribute significantly to the economic feasibility of the construction of the child day-care center.

The bonus or concession would not have a specific adverse impact on public health, public safety, or the physical environment, and would not have an adverse impact on a property that is 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, or adverse impact, without rendering the development unaffordable to low- and moderate-income households. A specific adverse impact is 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 the application was deemed complete.

E.

Conditions of Approval. The child day-care center shall comply with conditions of approval as follows.

The child day-care center shall remain in operation for a period of time that is equal to or longer than the period during which the designated dwelling units are required to be affordable.

Of the children who attend the child day-care center, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low or low-income households or families of moderate income.

(Ord. 7160 § 30, 2009; Ord. 7056 § 3 (Exh. 1) (part), 2006)

A.

Bonus for Donation of Land. An applicant for a tentative subdivision map, parcel map, or other residential development approval who donates land to the City shall be entitled to a bonus in residential density for the entire development above the density allowable under this Title and the Land use Element of the General Plan.

B.

Requirements for Bonus. A bonus for the donation of land shall meet the following requirements.

The applicant shall donate and transfer the land no later than the date of approval of the final tract or parcel map, or application for the construction of residential units.

The developable acreage and zoning classification of the land being transferred shall be sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development.

The transferred land shall be at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map,

or of the residential development, the transferred land shall have all of the permits and approvals, other than concept design review and building permits, necessary for development of the very low income housing units on the transferred land.

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units, consistent with Section 17.43.100 (Enforcement of Affordability).

The land shall be transferred to the City of Pasadena or to a housing developer approved the City of Pasadena.

The transferred land shall be within the boundary of the proposed development or, with approval of the Director, within one- quarter mile of the boundary of the proposed development.

A bonus shall not be granted unless a source of funding for the very low income units has been identified not later than the date of approval of the final parcel or tract map, or application for the construction of residential units.

C.

Density bonus of up to 35 percent. The density bonus for donation of land for very low-income units shall be calculated as follows.

Table 4-3.3 - Increase in Allowable Density for Donation of Land For Very Low-Income Units

Percent Very Low-Income Units Percentage Density Bonus

10 15

11 16

12 17

13 18

14 19

15 20

16 21

17 22

18 23

19 24

20 25

21 26

22 27

23 28

24 29

25 30

26 31

27 32

28 33

29 34

30 35

D.

Bonuses may be combined. A bonus for the donation of land may be combined with a bonus granted under Section 17.43.040.

(Ord. 7169 § 15, 2009; Ord. 7056 § 3 (Exh. 1) (part), 2006)

A.

An applicant may request the following alternative parking requirements.

Number of On-Site Parking
Bedrooms Spaces

0 - 1 1

2 - 3 2

4 or more 2.5

B.

If the total number of parking spaces required for the development is other than a whole number, the number shall be rounded up to the next whole number. A development may provide on-site parking through tandem parking or uncovered parking on the project site.

(Ord. 7056 § 3 (Exh. 1) (part), 2006)

A.

Low and very low income: covenant for 30 years. A covenant or other document satisfactory to the City Attorney shall be recorded before issuance of a building permit, which shall ensure that the low and very low income density bonus units are at all times rented or sold to, and remain affordable at, the applicable income level for at least 30 years. If a density bonus unit is also being used to satisfy the requirements of Chapter 17.42, the longer term of affordability shall apply.

B.

Moderate income: recapture of financial interest. A covenant or other document satisfactory to the City Attorney shall be recorded before issuance of a building permit, which shall ensure that the moderate income density bonus units are initially occupied by persons or families at a moderate income level. Moderate income units may be offered for subsequent sale to an above-moderate income purchaser; provided that the sale shall result in a recapture by the City, or its designee, of a financial interest in the unit equal to:

Difference between price and value. The difference between the initial moderate income level sales price and the appraised value at the time of the initial sale; and

Proportionate share of appreciation. A proportionate share of any appreciation.

C.

Forfeiture of funds. Any individual who rents a unit in violation of this Chapter shall be required to forfeit all rents above the applicable affordable rate; any individual who sells a unit in violation of this Chapter shall be required to forfeit all profits from the sale exceeding the difference between the sale price and the applicable affordable sales price. Recovered funds shall be deposited in to the Inclusionary Housing Trust Fund.

(Ord. 7056 § 3 (Exh. 1) (part), 2006)

The City Manager or her/his designee may adopt administrative procedures for implementation of this Chapter.

(Ord. 7056 § 3 (Exh. 1) (part), 2006)