Chapter 21.82 — DENSITY BONUS FOR AFFORDABLE HOUSING

The intent of the density bonus program is to contribute significantly to the economic feasibility of affordable housing in proposed developments by offering incentives to developers consisting of density bonuses or other concessions of equal financial value, in compliance with California Government Code Sections 65915 through 65918 . (Ord. CS 1169 §15, 2015)

A housing development shall be eligible for a density bonus and other regulatory incentives that are provided by California Government Code Section 65915 when the applicant seeks and agrees to provide very low, low, or moderate income housing units, or units intended to serve special populations including seniors, transitional foster youth, disabled veterans, homeless persons, and lower income students in the threshold amounts specified in the California Government Code Section 65915 and for commercial developments as specified in California Government Code Section 65615.7 .

• A. The granting of a density bonus, incentive or concession, pursuant to this chapter, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a county provisions or ordinance unrelated to development standards.

• B. For the purposes of this section, "total units" or "total dwelling units" do not include units added by a density bonus awarded pursuant to this chapter or any local law granting a greater density bonus.

• C. Projects which meet the requirements of this chapter shall qualify for a density bonus as described below:

  1. Very Low and Low Income Housing and Housing for Special Populations. Upon written request to the county, an applicant for a housing development is eligible for one density bonus of twenty percent over the maximum residential density provided that the applicant agrees to construct the housing development in accordance with one of the following criteria:

     • a. Very Low Income Households. At least five percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to very low income households; or

     • b. Low Income Households. At least ten percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to low income households; or

     • c. Senior Citizen Housing Development. For senior citizen housing developments, which include at least thirty-five dwelling units, as defined in Section 51.3 and Section 51.12

of the California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code; or

  - d. Foster Youth, Disabled Veterans, or Homeless Persons. When ten percent of the housing units are for foster youth, disabled veterans, or homeless persons, at the very low income level; or 

  - e. Student Housing. When twenty percent of the housing units are for low income, fulltime, college students at an accredited school and all of the criteria of Government Code Section **65915(b)** are met.

2. Moderate Income Housing. Upon written request to the county, an applicant for a housing development is eligible for one density bonus of five percent over the maximum residential density if the applicant agrees to construct the housing development in accordance with all of the following criteria:

   • a. At least ten percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable ownership costs to moderate income households; and

   • b. The housing development is a common interest project as defined by Section 1351 of the California Civil Code; and

   • c. All of the dwelling units in the housing development are offered for sale to the public.

   3. A density bonus where one hundred percent of the density bonus dwelling units in the development, exclusive of a manager's unit or units, shall be affordable to very low income or low income households, except that up to twenty percent of the pre-density bonus dwelling units may be affordable to moderate income households (other than manager's units) the density bonus shall be eighty percent of the number of units for lower income households; however no maximum density shall be imposed if either of the following apply:

      • a. If the housing development is located within one-half mile of a major transit stop; or

      • b. If the housing development is located in a very low vehicle travel area within a designated county.

• D. Higher Density Bonus for Greater Contribution of Affordable Units: Upon written request to the County, an applicant for a housing development that is eligible for a density bonus based upon the contribution of affordable units, may receive a higher amount of density bonus if the percentage of very low, low, and moderate income housing units exceeds the base percentage established in this Chapter, in accordance with California Government Code Section 65915 .

• E. Density Bonus for Land Donation. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the county, in accordance with California Government Code Section 65915 the applicant shall be entitled to a density bonus increase when very low income units are accommodated on the donated land, above the otherwise maximum allowable residential density for the entire development.

• F. Child Care Facilities. When an applicant proposes to construct a housing development which includes a child care facility with either of the following, a density bonus in accordance with California Government Code Section 65915 may be granted:

  1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or

  2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

• G. Requested Parking Reduction. In the event an application proposes a parking reduction for a housing development pursuant to California Government Code Section 65915 , subdivision (p), a table showing parking required by the zoning regulations, parking proposed under Section 65915, subdivision (p), and reasonable documentation that the project is eligible for the requested parking reduction.

• H. Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all of the requirements included in California Government Code Section 65915.5 can be met.

• I. Commercial Development Bonus. A housing development includes only the residential component of a mixed-use project. If a commercial development bonus is requested for the commercial development portion of a project, the application shall meet the requirements laid out in Section 21.82.070 .

• J. "Housing development," as used in this section, means a development project for five or more residential units.

• K. All density calculations resulting in fractional units shall be rounded up to the next whole number.

• L. For the purposes of any provisions in this chapter, an applicant may elect to accept a lesser percentage of density bonus than that to which the housing development is eligible.

• (Ord. CS 1169 §15, 2015; Ord. CS 1408, 12/9/2025)

• A. Rental Units. An applicant shall ensure continued affordability of all very low and low income rental units that qualified the applicant for the award of the density bonus for fifty-five years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the low income density bonus units shall be set at an affordable rent as defined in Section 50053 of the California Health and Safety Code.

• B. For Sale Units. An applicant shall ensure that, the initial occupant of all for sale units that qualified the applicant for the award of the density bonus are persons and families of very low, low, or moderate income, as required, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the California Health and Safety Code.

  1. The local government shall enforce an equity sharing agreement in conformance with the requirements set forth in Section 65915 of the California Government Code, unless it is in conflict with the requirements of another public funding source or law.

  2. Where there is a direct financial contribution to a housing development pursuant to Section 65915 of the California Government Code through participation in cost of infrastructure, writedown of land costs, or subsidizing the cost of construction, the county shall assure continued availability for low and moderate-income units for thirty years.

• C. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this chapter, in conformance with the requirements set forth in Section 65915 of the California Government Code, if the housing development is proposed on property which had previously been subject to an affordable housing covenant or was occupied by low income persons within the last five years.

• (Ord. CS 1169 §15, 2015)

• A. Projects which meet the requirements of this chapter may request concessions to development standards, in accordance with California Government Code Section 65915 .

  1. One incentive or concession for projects that include at least ten percent of the total units for low income households, at least five percent for very low income households, or at least ten percent for persons and families of moderate income in a common interest development.

  2. Two incentives or concessions for projects that include at least twenty percent of the total units for low income households, at least ten percent for very low income households, or at least twenty percent for persons and families of moderate income in a common interest development.

  3. Three incentives or concessions for projects that include at least thirty percent of the total units for low income households, at least fifteen percent for very low income households, or at least thirty percent for persons and families of moderate income in a common interest development.

• B. Waivers to Other Development Standards. Applicants granted a density bonus may, by written proposal, seek a waiver, modification or reduction of other development standards that would otherwise have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted pursuant to this chapter.

  1. In order to obtain a waiver or modification of development standards, the applicant shall show that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of this chapter, at the densities or with the concessions or incentives permitted by this chapter.

  2. A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subsection A .

  3. The county may deny a request for any waiver, modification or reduction of development.

• C. In accordance with paragraph (d) of California Government Code Section 65915 , the requested concession(s) shall be granted unless the planning director makes a written finding, based upon substantial evidence, of any of the following:

  1. The concession or incentive is not required in order to provide for affordable housing costs or for rents for the targeted units.

  2. The concession or incentive would have a specific adverse impact, as defined in California Government Code Section 65589.5 , 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 for which 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.

• D. Amendment, Zone Change. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

• (Ord. CS 1169 §15, 2015; Ord. CS 1408, 12/9/2025)

• A. The application for a density bonus, incentive or concession shall be submitted with the first application for approval of a housing development and shall be processed concurrently with any other planning permit required for the housing development. If no other planning permit is required, then the application for a density bonus shall be submitted in accordance with Section 21.100 of the County Code. The application shall be submitted on a form and contain such information and support data as prescribed by the planning director. The application shall contain sufficient information to make the required determinations and findings defined in California Government Code Section 65915 .

• B. The following findings must be made in order to approve an application for a density bonus:

  1. The housing development is eligible for a density bonus in conformance with this chapter and California Government Code Section 65915 , and is supported by a financing mechanism for all implementation and monitoring costs.

2. If the density bonus is based all or in part on dedication of land, the application must meet the qualifications and findings stated in California Government Code Section 65915(g) .

(Ord. CS 1169 §15, 2015; Ord. CS 1408, 12/9/2025)

• A. Applications requesting a density bonus shall agree to enter into a density bonus housing agreement with the county. The terms of the draft agreement shall be reviewed and revised as appropriate by the planning director.

A density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this chapter and shall be recorded as a restriction on any parcels on which the affordable units or density bonus units will be constructed.

• B. The density bonus housing agreement shall be recorded prior to recording of a final subdivision or parcel map, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind future owners and successors in interest.

• (Ord. CS 1169 §15, 2015)

• A. The following definitions shall apply to commercial density bonus:

  1. "Commercial development" means a development project for nonresidential uses.

  2. "Commercial development bonus" means a modification of development standards mutually agreed upon by the County and a commercial developer and provided to a commercial development eligible for such a bonus under Section 21.82.070.C of this chapter. Examples of a commercial development bonus include an increase in floor area ratio, increased building height, or reduced parking.

  3. "Partnered housing agreement" means an agreement approved by the County between a commercial developer and a housing developer identifying how the commercial development will provide housing available at affordable ownership cost or affordable rent consistent with Section 21.82.070.C of this chapter. A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial developer and the housing developer are each partners, members, shareholders, or other participants, or a contract

between the commercial developer and the housing developer for the development of both the commercial development and the housing development.

• B. When an applicant proposes to construct a commercial development and has entered into a partnered housing agreement approved by the county, the county shall grant a commercial development bonus mutually agreed upon by the developer and the county. The commercial development bonus shall not include a reduction or waiver of fees imposed on the commercial development to provide for affordable housing.

• C. The requirements for commercial development bonus are as follows:

  1. The housing development shall be located either:

     • a. On the same parcel as the commercial development; or

     • b. On a parcel within one-half mile of a major transit stop and located in close proximity to public amenities, including schools and employment centers.

  2. At least thirty percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for low-income households, or at least fifteen percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for very low-income households.

3. The commercial developer must agree either to directly build the affordable units; donate a parcel consistent with subsection C.1 above for the affordable units; or make a cash payment to the housing developer for the affordable units.

(Ord. CS 1408, 12/9/2025)

• A. Replacement housing shall be provided on the site of a housing development as required by California Government Code Section 65583.2(g)(3) which meets the following conditions:

  1. Rental housing is now located or was located on the site at any time in the five-year period preceding the date of submittal of the density bonus application; and

  2. The rental housing is or was during that five-year period:

     • a. Subject to a recorded covenant, ordinance, or law restricting rents to levels affordable to very low and lower income households; or

     • b. Subject to any form of public rent or price control; or

c. Occupied by very low or lower income households. (Ord. CS 1408, 12/9/2025)

Construction of new buildings permitted by this chapter shall be subject to any applicable objective design standards adopted by the county at the time of building permit issuance. (Ord. CS 1408, 12/9/2025)