Article 5 — Density Bonus Program

This article implements the requirements placed upon the City by California Government Code Section 65915 et seq., as may be amended from time to time (the “Density Bonus Law”), and furthers the provision of affordable housing pursuant to the Housing Element of the General Plan. Unless an exception or modification applies as set forth

in this Article, any person seeking a density bonus, concession, or waiver under the Density Bonus Law shall comply with the California Government Code requirements.

(§ 1, Ord. 1506-NS, eff. October 9, 2008; as amended by § 7, Ord. 1733-NS, eff. January 3, 2025)

(a) Application. Any person that desires a density bonus, concession, or waiver under the Density Bonus Law must make an application on a form approved by the Director at the time of submitting an entitlement application for the housing development for which a density bonus, concession, or waiver is requested pursuant to the Density Bonus Law.

(b) City’s discretion in granting density bonus. Nothing in this chapter will be construed to prohibit the Planning Commission or City Council from granting a density bonus greater than what is described in this chapter or the Density Bonus Law for a development that meets the requirements of this chapter or the Density Bonus Law, or from granting a proportionately lower density bonus than what is required by this chapter or the Density Bonus Law for developments that do not meet the requirements of this chapter or the Density Bonus Law.

(c) City Financial Participation not Required. Nothing in this Section requires the City or other public agency to provide direct financial incentives for the residential development, such as but not limited to the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City at its sole discretion may choose to provide such direct financial incentives. Any such incentives may require payment of prevailing wages by the residential development if required by State law.

(§ 7, Ord. 1733-NS, eff. January 3, 2025)

(a) Density Bonus Plan Review. The density bonus plan, including any request for a density bonus or incentives, shall be processed, reviewed, and approved or denied as part of the discretionary application(s) required for the residential development. Prior to the decision-making body taking any action on a residential development involving a request for density bonus, the Community Development Director shall have determined that the density bonus application is complete and conforms to the provisions of by the Density Bonus Law.

(b) Findings for Denial of Incentives. The approval body shall approve the density bonus plan unless the decisionmaking body makes the requisite findings for denial allowed by the Density Bonus Law.

(c) A request for a minor change to an approved density bonus plan may be processed as a minor modification to the project's entitlement and be granted if the modification is substantially in compliance with the original density bonus plan and other conditions of approval of the project's entitlement(s). More substantial proposed changes to the density bonus plan shall be processed as a major modification to the project's entitlement. The Community Development Director shall select the type of modification process in the Director's sole discretion. (§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 7, Ord. 1540-NS, eff. July 23, 2010; § 7, Ord. 1733-NS, eff. January 3, 2025)

Except as otherwise stated herein, affordable units qualifying a residential development for a density bonus shall be subject to the requirements of Section 9-10.305 (Standards for Inclusionary Units), and Section 9-10.308 (General requirements for inclusionary units).

(§ 1, Ord. 1506-NS, eff. October 9, 2008; as amended by § 7, Ord. 1733-NS, eff. January 3, 2025)