Chapter 17.29

DENSITY BONUS

Sections:

17.29.010 Purpose.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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• 17.29.020 Applicability. 17.29.030 Project requirements. 17.29.040 Application. 17.29.050 Waiver or reduction of development standards. 17.29.060 Affordable housing concessions or incentives.

• 17.29.070 Land donation.

• 17.29.080 Parking.

• 17.29.090 Priority for water and sewer services.

This chapter has been adopted to encourage the development of housing affordable to all segments of the community and to provide for incentives to defray the costs of providing affordable housing for very low-, low-, and moderate-income households in the city. In enacting these provisions, the city expressly intends this chapter to satisfy the requirements of:

A. California Government Code Section 65915 and the city’s housing element by specifying how the city shall provide density bonuses and/or incentives or concessions for the construction of certain housing projects affordable to lower-income, very low-income, senior households, transitional foster youth, disabled veterans or homeless, lower-income students, and for condominium and planned development projects affordable to moderate-income households; and

B. California Government Code Section 65589.7 and the city’s housing element by specifying how the city will grant priority for the provision of water and sewer services to developments that include housing units affordable to lower-income households. (Ord. 23-4 § 5 (Exh. A))

An applicant may request a density bonus and concessions or incentives for a residential or residential mixed-use project of five or more units that satisfy one or more of the following criteria:

• A. At least ten percent (10%) of total units are designated for lower-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 Sections 51.3 and 51.12 of the Civil Code;

D. At least ten percent (10%) of the total units are designated for transitional foster youth, disabled veterans or homeless as defined by federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.) with affordability at the same level as very low-income units.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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E. A student housing development with at least twenty percent (20%) of the units for lower-income students that meets the requirements set forth in California Government Code Section 65915(b)(1)(F)(i).

F. For a condominium project or planned development project only, at least ten percent (10%) of total units are designated for moderate-income households. (Ord. 23-4 § 5 (Exh. A))

In addition to satisfying one or more of the criteria in Section 17.29.020, Applicability, the applicant requesting a density bonus and/or incentive or concession shall satisfy the following requirements:

• A. The designated units shall be comparable to the nondesignated units within the project.

B. The applicant and/or owner shall enter into an agreement with the city to ensure the continuing affordability of units designated for low- and very low-income households. Where the city grants a density bonus or concessions or incentives, such agreement shall be for a term of not less than fifty-five (55) years for rental units and not less than forty-five (45) years for ownership units, or longer should the project financing so require.

C. The applicant and/or owner shall enter into an agreement with the city to ensure that the initial occupant of units in for-sale projects directly related to the receipt of the density bonus shall be a person or family of moderate income. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The city council shall adopt a resolution establishing the method for determining how the city will recapture its proportionate share of appreciation which shall then be used within three years for any of the purposes described in Section 33334.2(e) of the Health and Safety Code that promote home ownership.

D. Except as otherwise provided in California Government Code Section 65915, units designated for rent by lower-income households shall be affordable at rents, including a utility allowance, that do not exceed thirty percent (30%) of sixty percent (60%) of area median income for Napa County. Units designated for rent by very low-income households shall be affordable at rents, including a utility allowance, that do not exceed thirty percent (30%) of fifty percent (50%) of the area median income.

E. Units designated for purchase by low-income or moderate-income households shall be sold at an affordable housing cost according to limits established by the State Department of Housing and Community Development in accordance with Health and Safety Code Section 50052.5.

F. The developer and/or property owner shall provide the city a yearly accounting of the total project units occupied and vacant, the total occupied and vacant units designated for low- or very low-income households, and rents charged. (Ord. 23-4 § 5 (Exh. A))

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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A. To apply for a density bonus consistent with the requirements in California Government Code Sections 65915(f)(1) through (f)(4) and/or incentives or concessions, the applicant may submit a proposal for specific incentives or concessions and may request a meeting with the city. The preliminary written proposal shall provide the following information:

1. Preliminary sketch plan showing at a minimum the context, location of buildings, and parking;

2. A narrative describing the proposed development including the number, type, and size of the housing units;

3. Any request for waiver of development standards;

4. Information satisfactory to the community development director, such as capital costs, equity investment, debt service, projected revenues, operating expenses, and any other information deemed appropriate to enable the city to determine the project cost per unit and whether the waiver or modification of otherwise applicable standards will result in identifiable and actual cost reductions to:

• a. Provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code;

• b. Provide for rents for the targeted units to be set as specified in California Government Code Section 65589.7(c); or

• c. Otherwise make the housing units economically feasible.

B. The city shall, within one hundred twenty (120) days of receipt of an application deemed to be complete and consistent with Section 17.04.040, Review of planning applications, notify the developer in writing whether and in what manner the city shall grant a density bonus and incentives or concessions as stipulated in Table 17.29.040(A): Required Concessions and Incentives.

Table 17.29.040(A). Required Concessions and Incentives

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Percentage of
Number of
Percentage of Very Low- Percentage Low-Income Moderate-Income Units
Concessions/Incentives
Income Units Units in a Condominium or
1
Planned Development
1 5% 10% 10%
2 10% 17% 20%
3 15% 24% 30%
4 100% Low/Very Low/Mod 100% Low/Very Low/Mod 100% Low/Very Low/Mod
(up to 20% Moderate (up to 20% Moderate (up to 20% Moderate
Allowed) Allowed) Allowed)
----- End of picture text -----

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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End Notes:

• 1 A concession or incentive only applies if an application is submitted for a density bonus.

In addition to the requirements of this section, any applicant who proposes to construct a housing development that conforms to the requirements of this chapter and includes a child care facility that will be located on the premises of, as part of, or adjacent to the project shall also be entitled to either an additional density bonus or an additional concession or incentive in accordance with the provisions of California Government Code Section 65915(h).

nt who proposes to construct a housing development that conforms to the requirements of this chapter and includes a child care facility that will be located on the premises of, as part of, or adjacent to the project shall also be entitled to either an additional density bonus or an additional concession or incentive in accordance with the provisions of California Government Code Section 65915(h).

C. Alternatively, in a city council meeting scheduled separately from the approval process and timeline for the housing development and within one hundred twenty (120) days of receipt of an application deemed to be complete consistent with Section 17.04.040, Review of planning applications, the city council shall preliminarily find that:

1. The concession or incentive would not result in actual and identifiable cost reductions in order to provide for affordable housing costs, as defined in Section 50025.2 of the Health and Safety Code or for rents for the proposed density bonus units as required pursuant to this chapter; or

2. The concession or incentive would have a specific, adverse impact upon public health and safety, or upon the physical environment, or upon real property 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. For purposes of this subsection, “specific, adverse impact” means 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. Such notification shall represent the joint recommendation of the community development director charged with implementing this section; provided, however, that the city council, in acting on the project, may modify such recommendation.

D. In accordance with the provisions of California Government Code Section 65915(f), an applicant may elect to accept a lesser percentage of density bonus than the maximum specified in this chapter, including but not limited to no increase in density.

E. In accordance with the provisions of California Government Code Section 65915, the granting of a density bonus pursuant to this chapter shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

F. If the applicant does not submit a written preliminary proposal, the applicant shall submit a request in writing for specific incentives along with information described in subsection (A)(4) of this section (along with other materials required for application submittal) at the time a formal application is submitted. The approval authority shall either grant the density bonus and concessions/incentives requested by the applicant or make one of the findings, based on substantial evidence, described in subsection (C)(1) or (C)(2) of this section.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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G. The applicant shall pay any fee(s) which shall be paid at the time directed by the community development director but not later than prior to issuance of a building permit(s) unless otherwise established by resolution of the city council to implement this section, including, but not limited to:

1. Fees to process the request for a density bonus and/or other concessions or incentives;

2. Preparation of contracts and other documents; and

3. Monitoring contracts and documents for compliance.

H. Affordable units under this section shall be constructed at the same time as the market-rate units. The right to a density bonus or concession under this chapter shall not be transferred to another development. Where an applicant proposes to simultaneously develop two or more parcels in the city, nothing in this section shall prohibit the city council in its discretion from using a density bonus and/or concession/incentive granted for one of the parcels on another parcel proposed for development. (Ord. 23-4 § 5 (Exh. A))

In addition to any density bonus and/or concessions or incentives granted pursuant to this chapter, an applicant may also request that the city waive or reduce any development standard that has the effect of physically precluding the construction of a development meeting the criteria of this chapter at the densities or with the concessions or incentives permitted pursuant to this chapter in accordance with the provisions of California Government Code Section 65915(e). (Ord. 23-4 § 5 (Exh. A))

A. For residential development projects which meet the requirements specified in Section 17.30.030, Inclusionary housing requirements, through the actual construction of affordable units, the city shall follow the procedures and provide the described concessions and/or those incentives identified in California Government Code Sections 65915 through 65918.

B. The city council may consider, on a case-by-case basis, at its sole discretion, providing the following additional concessions or incentives in addition to those granted pursuant to California Government Code Section 65915 which are consistent with state law and the housing element of the general plan for projects which meet or exceed the requirements of this chapter.

1. An additional density bonus or other incentives of equal financial value subject to the city council’s review and approval.

2. Direct financial assistance in the form of a loan or grant using trust fund or other appropriate available funds subject to the recommendation of the community development director.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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3. Payment deferral of applicable city fees on low-income units until the issuance of the certificate of occupancy for the unit. (Ord. 23-4 § 5 (Exh. A))

A. When an applicant voluntarily offers to donate land to the city which is of sufficient developable acreage and with appropriate zoning classification to permit construction of units affordable to very low-income households in accordance with this section, the applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density. For each one percent increase above the minimum land donation described in subsection B of this section, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent (35%).

• B. The voluntary donation of land shall comply with the following criteria:

  1. The land is transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application.

2. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development. Housing units designated for very lowincome households pursuant to this chapter shall not be included when determining compliance with this section.

3. The transferred land is at least one acre or of sufficient size to permit development of at least forty (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.

4. The transferred land is within the boundary of the proposed development or, as approved by the city council, within one-quarter mile of the boundary of the proposed development and located within the city limits.

C. An applicant for a tentative subdivision map, parcel map, or other residential development approval wishing to donate land pursuant to California Government Code Section 65915(h) shall include in the application for development the following information:

1. The size of the parcel;

2. The amount of developable acreage;

3. A preliminary plan for the development of at least forty (40) units affordable to very low-income households on the developable acreage;

4. A description of the public facilities and infrastructure that would serve the units; and

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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5. The name of the public or private entity to which the land will be donated.

D. The city council shall approve, modify, or disapprove the application to donate land in accordance with the requirements of this section and California Government Code Section 65915(h).

E. Unless the construction of at least forty (40) units affordable to very low-income households on the donated land is the subject of a separate development application, the units shall be considered a part of the application for a tentative subdivision map, parcel map, or other residential development for purposes of review under the California Environmental Quality Act (CEQA) and other state and local laws and regulations. (Ord. 23-4 § 5 (Exh. A))

• A. This section implements the provisions of California Government Code Section 65915(p)

B. If a development is constructed consistent with the vehicular parking ratios described in California Government Code Section 65915(p)(1), and the parking ratios are less than otherwise required by the city in Chapter 17.26, Parking and Loading, the applicant shall record a covenant against the property disclosing the difference between the parking ratios that have been used for the development and the city’s requirements. (Ord. 23-4 § 5 (Exh. A))

In accordance with the provisions of California Government Code Section 65589.7, the city shall grant priority for the provision of water and sewer services to developments that include housing units affordable to lower-income households in accordance with a written policy adopted by resolution of the city council. (Ord. 23-4 § 5 (Exh. A))