Chapter 27.15 — DENSITY BONUS

The purpose of this section is to comply with the state density bonus law (California Government Code section 65915  ) and to implement the housing element of the San Mateo General Plan, by providing increased residential densities for projects that guarantee that a portion of the housing units will be affordable to very low, low, or moderate-income households, provide senior citizen housing, or include child care facilities.

The provisions of this section apply to the construction of five or more housing units that satisfy one or more of the following criteria:

(a) At least ten percent of the total units are designated for low income households.

(b) At least five percent of the total units are designated for very low income households.

(c) A senior citizen housing development as defined in Section 51.3 of the Civil Code  .

(d) At least ten percent of the total units in a condominium project as defined in subdivision (e) of, or in a planned development as defined in subdivision (k) of, Section 1351 of the Civil Code  , are designated for moderate income households, provided that all units in the development are offered to the public for purchase.

The following terms are defined for purpose of this section:

(a) "Density bonus" means a density increase, in the amount prescribed by Government Code section 65915  , over the otherwise maximum allowable residential density as of the date the application is accepted as complete.

(b) "Low income household" has the meaning set forth in Health and Safety Code section 50079.5  and is a household whose income is equal to or less than eighty percent of the area median income, as published by the California Department of Housing and Community Development.

(c) "Moderate income household" has the meaning set forth in Health and Safety Code section 50093  and is a household whose income is equal to or less than one hundred twenty percent of the area median income, as published by the California Department of Housing and Community Development.

(d) "Senior citizens" means qualifying residents as defined in Section 51.3 of the Civil Code  .

(e) "Very low income household" has the meaning set forth in Health and Safety Code section 50105  and means a household whose income is equal to or less than fifty percent of the area median income, as published by the California Department of Housing and Community Development.

(a) City to grant. When an applicant qualifies for a density bonus as prescribed by Government Code section 65915  , the City will grant the number of incentives or concessions required by that section unless it makes one of the following findings:

(1) The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.3 of the Health and Safety Code  , or for rents for the targeted units to be set as specified in Section 65915(c) of the Government Code  .

(2) The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5  (d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

(3) The concession or incentive would be contrary to state or federal law.

(b) The following incentives and concessions are deemed not to have the adverse impact set forth in section (a)(2) above:

(1) Reduced setbacks or buffers so long as the project remains consistent with the City's General Plan and any applicable design guidelines;

(2) Increased maximum lot coverage so long as the project remains consistent with the City's General Plan and any applicable design guidelines;

(3) Increased maximum Floor Area Ratio so long as the project remains consistent with the City's General Plan and any applicable design guidelines;

(4) Reduction in parking standards for residential units beyond that set forth in Government Code section 65915(p)  ; and

(5) In addition to the additional density bonus provided in accordance with Government Code section 65915(g)  for land donations within ¼ mile of an applicant's project, provision of the additional density bonus set forth in Government Code section 65915(g)  for land dedicated to the City that is located within ½ mile of the applicant's project so long as the applicant demonstrates to the City's satisfaction that building the requisite number of affordable units onsite is infeasible and there is an identified source of funding for the very low income units.

(c) The City will not, however, provide any direct financial assistance, waive fees or dedication requirements, or provide publicly owned land for a housing development as an incentive or concession.

 (a) Proposal. In accordance with Government Code section 65915(e) , an applicant may propose waiver or modification of development standards if they would physically preclude the construction of a development meeting the criteria of section 65915(b) at the densities or with the concessions or incentives permitted by section 65915.

 (b) Grounds for Denial. In accordance with Government Code section 65915(e) , the City may deny an applicant's request to waive or modify the City's development standards in any of the following circumstances:

(1) The application does not conform with the requirements of this section or Government Code section 65915  .

(2) The applicant fails to demonstrate that the City's development standards physically preclude the utilization of a density bonus on a specific site.

(3) The waiver or reduction would have a specific, adverse impact, as defined in  Government Code section 65589.5(d)(2) , upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(4) The waiver or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

(a) An applicant requesting a density bonus, incentive or concession, or waiver or modification of development standards, in accordance with this section must submit a written request with any application for a planning approval at the time the planning application is filed. The written request must include the following information:

(1) The number of proposed affordable housing units;

(2) Whether or not the applicant is proposing the use of state density bonus law parking standards;

(3) the specific incentive(s) or concession(s) sought, if any;

(4) the specific waiver or modification to development standards sought, if any;

(5) if seeking an incentive or concession, documentation required by the Director of Community Development or his or her designee regarding the identifiable and actual cost reduction to provide affordable housing costs or rents;

(6) if seeking a waiver or modification of development standards, documentation required by the Director of Community Development or his or her designee regarding the necessity of the waiver or modification, including documentation demonstrating that the City's development standards physically preclude the utilization of a density bonus;

(7) If requesting a density bonus based on land donation in accordance with Government  Code section 65915(g) , the applicant must submit information sufficient to permit the City to determine that the proposed donation conforms with the requirements of section 65915(g) and this Code;

(8) If requesting a density bonus based on the provision of a child care facility, the applicant must:

(A) Provide the location of the proposed child care facility and the proposed operator;

(B) Agree to operate the child care facility for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable;

(C) Agree to have contracted with a child care facility operator for operation of the child care facility before the first building permit is issued; and

(D) Agree that the child care facility will be in operation when the first certificate of occupancy is issued.

(b) Action on Application. The density bonus request will be processed with the planning application and the body with approval authority for the planning approval sought will approve, deny or modify the incentive or concession as a part of the overall project approval.

Prior to the issuance of a building permit for any dwelling unit in a development for which a density bonus has been awarded, the developer must enter into an Affordable Housing Agreement. The Agreement will run with the land, be binding upon successors in interest, and be recorded with the County Recorder..

(a) Applicability. This Section applies to housing developments in which 100 percent of the total units, exclusive of a manager's unit or units, are for lower income households (as defined in Section 50079.5 of the Health and Safety Code  ), except that up to 20 percent of the total units in the development may be for moderate-income households (as defined in Section 50053 of the

Health and Safety Code  ) and located within a half-mile of a major transit stop as defined in Public Resources Code Section 21155  ("Covered Projects").

(b) Reduced Requirements for Covered Projects. When a development standard would physically preclude a proposed project from achieving allowable density, planning applications submitted for Covered projects may request waivers or reductions from up to six applicable development standards in addition to the incentives or concessions otherwise provided by state law. The request to waive or reduce development standards shall be considered by the decisionmaking body with the authority to act on the Covered Project, and shall be subject to the following findings:

(1) The requested deviations will not conflict with the General Plan;

(2) The development is of an excellent design quality and is consistent with applicable Design Guidelines;

(3) The development is in the best interests of the public health, safety, or welfare;

(4) The development will not impair the desirability of investment or occupation in the vicinity; and

(5) The project has demonstrated use of all allowable incentives consistent with Government Code Section 65915  .