Chapter 18.22 — DENSITY BONUS

The provisions of this chapter are intended to incentivize development of affordable housing, implement the goals and policies of the housing element of the general plan, and ensure compliance with Density Bonus Law.

(Ord. 1214 § 2, 2013; Ord. 1309, 8/27/2024)

The following definitions shall apply to this chapter:

"Childcare facility" has the meaning given in Government Code Section 65915(h)(4) , as may be amended.

"Density Bonus Law" means Government Code Sections 65915 through 65918 , as may be amended.

"Qualifying units" means the units that allow an applicant to qualify for a density bonus, incentive or concessions, waivers or reductions of development standards, parking ratio reductions, or other benefits available under Density Bonus Law. (Ord. 1214 § 2, 2013; Ord. 1309, 8/27/2024)

• A. Application.

  1. An application for a density bonus, incentives or concessions, waivers or reductions of development standards, parking ratio reductions, or other benefits available under Density Bonus Law shall be submitted at the same time as the application for the applicable development project. The application shall be on a form provided by the city and shall include applicable review fees. The application shall also include reasonable documentation to establish eligibility for the requested density bonus, incentives or concessions, waivers or reductions of development standards, parking ratio reductions, or other benefits available under Density Bonus Law, as determined by the director, including reasonable documentation to establish that requested incentives or concessions will result in identifiable and actual cost reductions for the project.

  2. Only completed applications will be considered.

  3. The application will be processed concurrently with any other applications required for the development project.

  4. The application and application materials will be circulated and reviewed by applicable city departments for review and comment. The applicant will be informed in writing of any incompleteness within thirty days following submittal of the application.

  5. If the requested documents are not resubmitted within ninety days of the incompleteness letter date, the application shall be closed. A new application and application fee will be required.

• B. Application Review.

  1. Applications for a density bonus, incentives or concessions, waivers or reductions of development standards, parking ratio reductions, or other benefits available under Density Bonus Law will be considered at the same time and by the same reviewing authority as the applicable development project application.

  2. Applications shall be approved, conditionally approved, or denied in accordance with this chapter and the requirements of Density Bonus Law.

3. The reviewing authority's determination may be appealed pursuant SDMC Chapter 18.212 .

(Ord. 1309, 8/27/2024)

As a condition of the approval of a density bonus, incentives or concessions, waivers or reductions of development standards, parking ratio reductions, or other benefits available under Density Bonus Law, the applicant shall agree to enter into a density bonus agreement or other similar binding document with the city in a form approved by the city attorney and consistent with the requirements of Density Bonus Law and other applicable laws. The city manager is authorized to execute the density bonus agreement on behalf of the city. The executed density bonus agreement shall be recorded on the parcel or parcels designated for the construction of qualifying units, or donated for the purpose of constructing qualifying units, or any other parcel required to be restricted by Density Bonus Law. The approval and recordation shall occur prior to the recordation of any final map for the project or, where a map is not being processed, prior to the issuance of building permits for the project. The density bonus agreement shall be binding upon all future owners and successors in interest.

(Ord. 1214 § 2, 2013; Ord. 1309, 8/27/2024)

All qualifying units shall meet the following requirements:

• A. Concurrency. Qualifying units shall be built prior to or concurrently with all other units in the development unless the city and the applicant agree in writing to an alternative schedule for development. Qualifying units shall be made available to eligible tenants prior to or at the same time that the other units in the development are made available to the public.

• B. Location. Qualifying units, where feasible, shall be dispersed within the housing development and shall not be concentrated in any single portion of the development.

• C. Unit size. Where feasible, the number of bedrooms in the qualifying units shall be equivalent to the bedroom mix of the other units in the development, except that the developer may include a higher proportion of qualifying units with more bedrooms.

• D. Design. The design and appearance of the qualifying units shall match the design and appearance of the other units in the housing development.

• E. Linked sites. Circumstances may arise in which the public interest would be served by allowing some or all of the qualifying units associated with one housing development to be produced and operated at an alternative development site. If the developer and the city agree in writing to allow the production and operation of qualifying units at an alternative site, the resulting linked developments shall be considered a single housing development for the purposes of this chapter.

(Ord. 1214 § 2, 2013; Ord. 1309, 8/27/2024)

Developments seeking an additional density bonus or additional concession or incentive on the basis of including a childcare facility on the premises of, as part of, or adjacent to the project shall comply with the requirements of Government Code Section 65915(h) , as may be amended, and shall enter into an agreement or other appropriate document with the city, approved by the city attorney, to ensure compliance with such requirements. Compliance with the requirements in this Section 18.22.060 shall be a condition of approval of the grant of a density bonus or additional concession or incentive under this section.

(Ord. 1214 § 2, 2013; Ord. 1309, 8/27/2024)