Chapter 17.704 — DENSITY BONUSES

The purpose of this chapter is to implement California Government Code sections 65915 through 65918, commonly referred to as state density-bonus law. The intent of this chapter is to implement state density-bonus law without local modifications. (Ord. 2024-0053 § 3 (part))

The terms used in this chapter have the meaning ascribed to them in this title and California Government Code sections 65915 through 65918. In the case of a conflict between definitions, the California Government Code prevails. (Ord. 2024-0053 § 3 (part))

A housing development is eligible for a density bonus, incentive or concession, or waiver or reduction of development standards in accordance with California Government Code section 65915. (Ord. 2024-0053 § 3 (part))

A. An application for a density bonus, incentive or concession, or waiver or reduction of development standards, must be submitted at the same time as an application for one or more permits for the housing development under chapter 17.808. An application for a density bonus, incentive or concession, or waiver or reduction of development standards will be reviewed concurrently with and in the same manner as the accompanying permit application. B. The application for a density bonus, incentive or concession, or waiver or reduction of development standards will be reviewed for completeness consistent with California Government Code section 65943. (Ord. 2024-0053 § 3 (part))

A. If a housing development qualifies for a density bonus under more than one category set forth California Government Code section 65915, subdivision (b), the applicant shall select one category under which the density bonus is to be granted.

B. The maximum allowable residential density and base density will be calculated in the manner set forth in California Government Code section 65915, subdivision (o)(6).

• C. Density bonuses will be granted in the amount set forth in California Government Code section 65915.

• D. All density calculations, including base density and bonus density, resulting in fractional units will be rounded up to the next whole number.

E. The grant of a density bonus does not require a general plan amendment, zoning change, or other discretionary approval.

F. The housing development must comply with all objective standards set forth in an applicable Airport Land Use Compatibility Plan adopted pursuant to California Public Utilities Code sections 21670 through 21679.5. (Ord. 20240053 § 3 (part))

A. An applicant may request the number of incentives and concessions that the applicant is entitled to under state density-bonus law.

B. An incentive or concession will be granted unless the city makes a written finding pursuant to California Government Code section 65915, subdivision (d).

• C. The grant of an incentive or concession does not require a general plan amendment, zoning change, study, or other discretionary approval.

D. Nothing in this section requires the city to provide direct financial incentives for the housing development, including the provision of publicly owned land, fee waivers, or reduction of dedication requirements. Only the city council, in its sole discretion, may approve requests for direct financial incentives. (Ord. 2024-0053 § 3 (part))

A. An applicant may submit a proposal for a waiver or reduction of development standards that will have the effect of physically precluding a development meeting the criteria set forth in California Government Code section 65915, subdivision (b), at the densities or with the concessions or incentives permitted under state density-bonus law.

• B. The city is not required to waive or reduce development standards if the waiver or reduction would:

1. Result in a specific, adverse impact upon health or safety, as defined in California Government Code section 65915, subdivision (e), for which there is no feasible method to satisfactorily mitigate or avoid;

2. Result in an adverse impact on any property listed in the California Register of Historical Resources; or

3. Be contrary to state or federal law.

C. A proposal for the waiver or reduction of development standards does not reduce or increase the number of incentives or concessions to which an applicant is entitled pursuant to California Government Code section 65915, subdivision (d).

D. If a housing development located within one-half mile of a major transit stop received a waiver from any maximum controls on density, the housing development is only eligible for a waiver or reduction as provided in California Government Code section 65915, subdivision (e). (Ord. 2024-0053 § 3 (part))

A. As a condition of approval of any density bonus, incentive or concession, or waiver or reduction of development standards, the applicant shall enter into an agreement with the city, the housing authority acting on behalf of the city, or the Capitol Area Development Authority that is binding upon the applicant and all successors in interest to ensure compliance with state density-bonus law.

B. The agreement required by subsection A above must be recorded on the parcel or parcels designated for the construction of the units that will be reserved for sale or rent to, and affordable to, very-low-, lower-, or moderateincome households, or qualifying senior citizen residents. The agreement must be executed and recorded before the final map is approved by the city or if a map is not being processed, before issuance of any building permits for the housing development. (Ord. 2024-0053 § 3 (part))

Apartments converted to condominiums are eligible for a density bonus pursuant to California Government Code section 65915.5. (Ord. 2024-0053 § 3 (part))

A commercial development with an agreement for partnered housing is eligible for a development bonus pursuant to California Government Code section 65915.7. (Ord. 2024-0053 § 3 (part))