Chapter 21.61 — DENSITY BONUS

The purpose of this chapter is to establish a program in accordance with Section 65915 et seq., of the California Government Code to provide both density increases and other incentives to encourage the creation of housing affordable to moderate-, low-, and very low-income households and units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income in the threshold amounts specified in state law.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

General. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915, shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions, and obligations set forth in California Government Code Section 65915 et seq., as may be amended.

B.

Compliance. The applicant shall comply with all requirements stated in California Government Code Sections 65915 through 65918 (also referred to as California Government Code Section 65915 et seq. and state density bonus law). The requirements of state density bonus law, and any amendments thereto, shall prevail over any conflicting provision of this code.

C.

Excluded Development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under state density bonus law.

D.

Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of state density bonus law. Any changes to state density bonus law shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this chapter conflicts with state density bonus law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state density bonus law.

E.

Replacement Housing Requirement. Pursuant to subdivision (c)(3) of California Government Code Section 65915, the applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein, including in the following circumstances:

The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income;

The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the five-year period preceding the application;

The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very low- income households; or

The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the five-year period preceding the application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

General. If a qualifying affordable housing project or land transfer meets the criteria of California Government Code Section 65915 et seq., the project shall be granted a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.

B.

Density Bonus Units. Except as otherwise required by California Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

C.

Market-rate Senior Citizen Housing Developments. Market-rate senior citizen housing developments that qualify for a density bonus shall not receive any other incentives or concessions unless California Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Physical Constraints. Except as restricted by California Government Code Section 65915 et seq, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The city shall approve a waiver or reduction of a development standard, unless it finds that:

The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon health, safety, or the physical

environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

The waiver or reduction of the development standard would be contrary to state or federal law.

B.

Parking. The applicant may request, and the city shall grant, a reduction in parking requirements in accordance with California Government Code Section 65915(p), as that section may be amended from time to time.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the city and the applicant shall agree in writing to an appropriate method of ensuring the continued availability of the density bonus units.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

An application for a density increase or other incentives under this chapter for a housing development shall be submitted in writing to the city to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter, and in connection with the project for which the request is made, including, but not limited to, the following:

A brief description of the proposed housing development;

The total number of housing units and/or shared housing units proposed in the development project, including unit sizes and number of bedrooms. For the purposes of this section, a "shared housing unit" means 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 Section R304 of the California Residential Code (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;

The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

The total number of units to be made affordable to or reserved for sale, or rental to, very low, low- or moderate- income households, or senior citizens, or other qualifying residents;

The zoning, general plan designations, and assessor's parcel number(s) of the project site;

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout;

Within zoning districts that rely on a form-based code, a base density study that identifies the density feasible on the site without incentives, concessions, or density bonuses;

The proposed method of ensuring the continued availability of the density bonus units; and

A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

B.

The application shall be considered by the planning commission and/or the city council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the planning commission or the city council, the request being made under this chapter shall be considered by the director or designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)