Chapter 4.30 — Density Bonus

Sections:

4.30.010 Purpose and Intent 4.30.020 General Affordable Housing Provisions 4.30.030 Affordable Housing Density Bonuses and Incentives

• 4.30.040 Application Procedures

A. Purpose

1. Implement the policies of the Housing Element for developing affordable housing for households with very low, low, and moderate incomes.

   4. Increase affordable housing opportunities by offering incentives for smaller proposed housing projects that are less than the State's threshold of five residential units as set forth in State Government Code Section 65915.

2. Encourage affordable housing units to be provided throughout the community and designed to be consistent with the surrounding neighborhood.

3. Implement the provisions of State Government Code Section 65915.

A. Availability

All designated affordable housing units shall be made available to qualified occupants at the same time as the market-rate housing units are made available within the same project.

B. Median Income Levels. For the purpose of determining the income levels for Households under Section 4.30.010, the City shall use the Kern County income limits found in Title 25, Section 6932 of the California Code of Regulations, and regularly updated and published by the State Department of Housing and Community Development, or other income limits adopted by the Council.

D. Affordable Housing Agreement. The owner of the affordable unit shall sign an Affordable Housing Agreement with the City, agreeing to the term, affordability, resale and any other topic deemed appropriate by the City.

E. Applicability. This Zoning Code is applicable to mixed use development projects that include a housing component. The concessions/incentives available herein apply to the entire project and are not limited to the residential component.

C. Density Bonus

The granting of a density bonus shall not, in and of itself, be interpreted to require an Amendment to the General Plan or Zoning Code, or other discretionary approval.

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A. Density bonus for five units or more

In application for projects meeting the State minimum threshold of five units or more, the provisions dealing with State Government Code Section 65915, as amended from time to time, shall apply, pursuant to State Government Code Section 65915.

1. Applicability. The provisions of this Subsection apply to the construction of five or more housing units that satisfy one or more of the following criteria:

• a) At least 10 percent of the units are designated for low-income households.

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

• c) 100 percent of the units are designated for seniors citizens as defined in Section 51.3 and 51.12 of the Civil Code or 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 Civil Code.

• d) At least 10 percent of the units in a common interest development are designated for moderate-income households, provided that all units in the development are offered to the public for purchase.

2. Calculating the density bonus. The den-

• sity bonus shall be calculated as shown in Table 4.30.030.A for very-low, low, and moderate-income households. For housing developments meeting the criteria of Subsection A.2. above, the density bonus shall be 20 percent of the number of senior housing units. All density calculations resulting in fractional units shall be rounded up to the next whole number.

3. Developer Incentives :

• a) Restrictions. When an applicant seeks a density bonus as prescribed by Government Code Section 65915, the City will grant the number of developer incentives as required by Subsection B below, unless it makes any of the following findings:

• i) The developer incentives is not required in order to provide affordable housing, 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.

• ii) The developer incentives would have a specific adverse impact, as defined in paragraph (2) of Subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or an 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 lowand moderate-income households.

• iii) The developer incentives would be contrary to State or Federal law.

• b) Number of developer incentives. The number of developer incentive shall be in compliance with Table 4.30.030.B.

• c) Developer incentives defined. For the purposes of Subsection A, concession or incentive means any of the following:

• i) Reduced site development standards or modified Zoning Code or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.

• ii) Approval of mixed-use zoning if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area; and

• iii) Other regulatory developer incentives proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions.

• d) Proposals for waivers and modifications of development standards.

• i) In accordance with Government Code Section 65915(e), an applicant may propose a waiver or modification of development standards if they would physically preclude the construction of a

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Chapter 4.30 Density Bonus

development meeting under the criteria of Subsection A.1 (Applicability), at the densities or with the developer incentives permitted by this Section.

• ii) A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of developer incentives to which the applicant is entitled pursuant to Table 4.30.030.B.

• e) Grounds for denial for waivers and modifications of development standards. 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:

• i) The application does not conform with the requirements of this Section or Government Code Section 65915-65918.

• ii) The applicant fails to demonstrate that the City’s development standards physically preclude the utilization of a density bonus on a specific site.

• iii) 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.

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

• v) The waiver or reduction would be contrary to State or Federal law.

2. One or more units for Low Income. Two incentives may be requested from the following:

• a) Any incentive listed under "Moderate Income" Subsection B.1, above.

• b) Increased maximum lot coverage. (Up to percentage allowed in the applicable zone).

• c) Increased in the allowable first to second floor square footage ratio from 80 to 100 percent.

• d) Allowance for required guest parking requirement to be located in tandem to the garage or in a required setback.

3. One or more units for Very Low Income. Three incentives may be requested from the following: a) Any incentive listed under “moderate income” and “low income” Subsections B.1 and B.2, above.

• b) Reduce minimum building setbacks from property lines and building separation requirements that exceed minimum building code and fire code standards.

• c) Reduce minimum lot sizes and/or dimensions.

C. Parking reduction

Parking may be reduced from the City-required parking standards in compliance with Subsection 4.50.050.C (Reduction of Required Parking) on a caseby-case basis and shall not be considered as a development incentive. Granting of such reductions shall be by the review authority. A parking/traffic study may be required to ensure the parking reduction will not be detrimental to the surrounding area.

B. Affordable housing options for less than five units

In application for projects not meeting the State minimum threshold of five units, the applicant may request specific incentives and/or concessions that would contribute significantly to the economic feasibility of providing affordable units as set forth below:

1. One or more units for Moderate Income. One incentive may be requested from the following:

D. Intent

It is the intent of this Section to insure that all projects applying for the concessions and incentives of this Section provide for affordable housing units that are comparable in size, design and quality to the market units in the same project. The Planning Manager shall have the discretion and authority to enforce this provision during the application process.

• a) Reduce minimum outdoor and/or private usable open space requirements in total square feet. (Up to 20 percent reduction).

• b) Reduced minimum outdoor and/or private usable open space requirements in dimension. (Up to 20 percent reduction).

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==> picture [525 x 588] intentionally omitted <==

----- Start of picture text -----
TABLE 4.30.030.A . PERCENTAGE OF SET-ASIDE UNITS AND CORRESPONDING DENSITY BONUS
Very Low-Income Households Low-Income Households Moderate-Income Persons/Families in
Earning < 50% AMI Earning 50% - 80% AMI Common Interest Development
Very Low-Income Percentage of Percentage of Moderate-Income Percentage of
Low-Income Units
Units Density Bonus1 Density Bonus1 Units Density Bonus1
5% 20.0% 10% 20.0% 10% 5.0%
6% 22.5% 11% 21.5% 11% 6.0%
7% 25.0% 12% 23.0% 12% 7.0%
8% 27.5% 13% 24.5% 13% 8.0%
9% 30.0% 14% 26.0% 14% 9.0%
10% 32.5% 15% 27.5% 15% 10.0%
11% 35.0% 16% 29.0% 16% 11.0%
17% 30.5% 17% 12.0%
18% 32.0% 18% 13.0%
19% 33.5% 19% 14.0%
20% 35.0% 20% 15.0%
21% 16.0%
22% 17.0%
23% 18.0%
24% 19.0%
25% 20.0%
26% 21.0%
27% 22.0%
28% 23.0%
29% 24.0%
30% 25.0%
31% 26.0%
32% 27.0%
33% 28.0%
34% 29.0%
35% 30.0%
36% 31.0%
37% 32.0%
38% 33.0%
39% 34.0%
40% 35.0%
1 Density bonus is above the highest range of base density.
TABLE 4.30.030.B . NUMBER OF DEVELOPER INCENTIVES
Set Aside Units
Number of Developer Moderate Income Units in Common
Very Low-Income Units Low-Income Units
Incentives Interest Developments1
----- End of picture text -----

1 Common interest development includes common interest developments of, or in a planned development as defined in Subdivision (k) of Section 1351 of the Civil Code that are offered to the public for purchase.

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Chapter 4.30 Density Bonus

A. Application

An application for a density bonus, developer incentive, or waiver or modification of development standards must include the following information:

1. The total number of base units;

2. The number of proposed affordable housing units;

3. The specific developer incentive(s) sought, if any;

4. The specific waiver or modification to development standards sought, if any;

5. If seeking an developer incentive, documentation regarding the necessity of the developer incentive in order to provide affordable housing costs or rents;

   8. If requesting a density bonus based on the provision of a child day care facility in accordance with Government Code Section 65915(h), the application must:

   • a) Provide the location of the proposed child day care facility and the proposed operator;

   • b) Agree to operate the child day 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 day care facility operator for operation of the child day care facility before the first building permit is issued; and

   • d) Agree that the child day care facility will be in operation when the first certificate of occupancy is issued.

6. If seeking a waiver or modification of development standards, documentation regarding the necessity of the waver 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), information sufficient to permit the City to determine that the proposed donation conforms with the requirements of Section 65915 and this Code; and

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