Earlier editions: 2026-09
Title 10 — PLANNING AND ZONING›Chapter 10.08 — ZONING REGULATIONS
Tracy Municipal Code Art. 36.5 Density Bonus
Tracy Municipal Code · 2026-10 edition · updated 2026-10-04 · Tracy
Cite as: Tracy Municipal Code Article 36.5 · Text as of 2026-10-04
Footnotes:
--- (7) ---
Editor's note— Ord. No. 1378, § 3 (Exh. 1), adopted Jan. 20, 2026, repealed the former Art. 36.5, §§ 10.08.4650—10.08.4695, and enacted a new Art. 36.5 as set out herein. The former Art. 36.5 pertained to similar subject matter and derived from Ord. 1113 § 1 (Exh. A (part)), adopted 2008.
10.08.4650 - Purpose.¶
This section provides incentives for the production of housing for very low-income, lowincome, and senior households, and for the production of housing for moderate-income households residing in condominium and planned development projects. In enacting this section, it is the City's intent to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City's general plan housing element. This section is enacted under the authority of Government Code sections 65915 through 65917.5.
(Ord. No. 1378, § 3 (Exh. 1), 1-20-2026)
10.08.4653 - Definitions.¶
In this Article 36.5, the following definitions apply. For definitions not included here, see Municipal Code, Title 10, Article 2, Definitions.
(a) "Affordable rent" means a rent, including a reasonable utility allowance as determined by the Planning and Building Department Director, for rental target units that does not exceed the following calculations pursuant to Health and Safety Code Section 50053:
(1) Very low income: Fifty (50%) percent of the AMI, adjusted for household size, multiplied by thirty (30%) percent and divided by twelve (12).
(2) Low income: Sixty (60%) percent of the AMI, adjusted for household size, multiplied by thirty (30%) percent and divided by twelve (12).
(b) "Affordable sales price" means a sales price at which very low, low, or moderate income households can qualify for the purchase of target units, taking into account available financing, number of bedrooms and assumed household size, reasonable down payment, and affordable housing costs as defined in Health and Safety Code Section 50052.5. The affordable sales price shall not exceed a price affordable to households based on the following calculations:
(1) Very low: household income at or below fifty (50%) percent of the AMI.
(2) Low: household income at or below seventy (70%) percent of the AMI.
(3) Moderate: household income at or below 110 percent of the AMI.
(c) "AMI" means the area median income for San Joaquin County.
(d) "Child care facility" means a child care facility other than a family day care home, including not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers, pursuant to Government Code Section 65915(h)(4).
(e) "Concession or incentive" means any of the following, pursuant to Government Code Section 65915(k):
(1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Health and Safety Code Sections 18901 et seq., including, but not limited to:
(A) Reduced minimum lot sizes and/or dimensions.
(B) Reduced minimum lot setbacks.
(C) Increased maximum lot coverage.
(D) Reduced on-site parking standards. Upon the request of the developer, the City shall require a vehicular parking ratio, inclusive of handicapped and guest parking:
In the following ratios:
I. Zero to one bedroom: One onsite parking space.
II. Two (2) to three (3) bedrooms: Two (2) onsite parking spaces.
III. Four (4) and more bedrooms: Two and one-half (2½) parking spaces. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "onsite parking" through covered parking or uncovered off-street parking, but not through on-street parking.
(1) Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost and are compatible with the housing units and the existing or planned development in the area where the housing project will be located.
(2) Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable and actual cost reductions.
(f) "Condominium project" has the same meaning as set forth in Civil Code Section 1351(f) for moderate income households.
(g) "Density bonus" is defined as a density increase of at least five (5%) percent, unless a lesser percentage is elected by the applicant, and no more than thirty-five (35%) percent over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the City.
(h) "Density bonus housing agreement" means a legally binding agreement between an applicant and the City to ensure that the requirements of this chapter are satisfied and that establishes, among other things, the number, size, location, terms and conditions of affordability, and production schedule of target units.
(i) "Density bonus units" means those residential units approved pursuant to the provisions of this chapter that exceed the otherwise maximum residential density for the proposed housing development site.
(j) "Development standard" means any ordinance, general plan element, specific plan, or other City condition, law, policy, resolution or regulation, as set forth in Government Code Section 65915(o)(1).
(k) "Housing cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, property taxes and assessments, fire and casualty insurance, and homeowner association fees.
(l) "Low-income household" means persons and families whose income does not exceed the low-income limits applicable to San Joaquin County, adjusted for household size, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.
(m) "Maximum residential development" means the maximum number of residential units permitted by the general plan and applicable zoning district at the time of application, except for the provisions of this chapter.
(n) "Moderate income household" means persons and families whose income does not exceed the moderate-income limits applicable to San Joaquin County, adjusted for household size, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.
(o) "Non-restricted unit" means any unit within a housing development that is not a target unit.
(p) "Qualifying resident" means a senior citizen or other person eligible to reside in senior citizen housing as defined under Civil Code Section 51.3.
(q) "Senior housing" means a housing development consistent with the State Fair Employment and Housing Act which has been designed to meet the physical and social needs of senior citizens and which otherwise qualifies as housing for older persons as defined in the federal Fair Housing Amendments Act of 1988.
(r) "Target unit" means a dwelling unit within a housing development that is affordable to and will be reserved for sale or rent to very low, low, or moderate income households, or to qualifying residents.
(s) "Very low-income household" means persons and families whose income does not exceed the very low-income limits applicable to San Joaquin County, adjusted for household size, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.
(Ord. No. 1378, § 3 (Exh. 1), 1-20-2026)
10.08.4656 - Granting of density bonuses and incentives.¶
(a) The City shall either grant a density bonus and at least one concession or incentive, or provide other concessions or incentives of equivalent financial value (based on the land cost per dwelling unit) when the applicant for a housing development agrees or proposes to construct at least any one of the following:
(1) Ten (10%) percent of the total dwelling units for very low-income households.
(2) Twenty (20%) percent of the total dwelling units for low-income households.
(3) Fifty (50%) percent of the total dwelling units for qualifying residents.
(4) Twenty (20%) percent of the total dwelling units in a condominium project for moderate income households.
(b) The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change or other discretionary approval by the City.
(Ord. No. 1378, § 3 (Exh. 1), 1-20-2026)
10.08.4659 - Number of density bonus units.¶
The City shall grant a density bonus, and incentives or concessions described in Section 10.08.4680, when an applicant for a residential development project seeks and agrees to construct at least anyone of the following:
(a) Ten (10%) percent of the total dwelling units of a residential development project for low-income households; or
Density Bonus Calculation
| Percentage Low-Income Units | Percentage Density Bonus |
|---|---|
| 10% | 20% |
| 11% | 21.5% |
| 12% | 23% |
| 13% | 24.5% |
| 14% | 26% |
| 15% | 27.5% |
| 16% | 29% |
| 17% | 30.5% |
| 18% | 32% |
| 19% | 33.5% |
| 20% | 35% |
| 21% | 38.75% |
| 22% | 42.5% |
| 23% | 46.25% |
| 24% | 50% |
(b) Five (5%) percent of the total dwelling units of a residential development project for very low-income households; or
Density Bonus Calculation
| Percentage Very Low-Income Units | Percentage Density Bonus |
|---|---|
| 5% | 20% |
| 6% | 22.5% |
| 7% | 25% |
| 8% | 27.5% |
| 9% | 30% |
| 10% | 32.5% |
| 11% | 35% |
| 12% | 38.75% |
| 13% | 42.5% |
| 14% | 46.25% |
| 15% | 50% |
(c) A residential development project meeting the requirements of a senior citizen housing development or a mobile home park as defined under state law; or
Density Bonus Calculation: Twenty (20%) percent.
(d) Twenty (20%) percent of the total units for lower income students in a student housing development that meets the following requirements. All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled currently or in the past six (6) months in at least six (6) units at an institution of higher education:
Density Bonus Calculation
| Percentage Lower-Income Units | Percentage Density Bonus |
|---|---|
| 20% | 35% |
| 21% | 38.75% |
| 22% | 42.5% |
| 23% | 46.25% |
| 24% | 50% |
(e) Ten (10%) percent of the total dwelling units in a common interest development as defined in Section 1351 of the Civil Code, for persons and families of moderate income, provided that all units in the development are offered to the public for purchase.
Density Bonus Calculation
| Percentage Moderate-Income Units | Percentage Density Bonus |
|---|---|
| 10% | 5% |
| 11% | 6% |
| 12% | 7% |
| 13% | 8% |
| 14% | 9% |
| 15% | 10% |
| 16% | 11% |
| 17% | 12% |
| 18% | 13% |
| 19% | 14% |
| 20% | 15% |
| 21% | 16% |
| 22% | 17% |
| 23% | 18% |
| 24% | 19% |
| 25% | 20% |
| 26% | 21% |
| 27% | 22% |
| 28% | 23% |
| 29% | 24% |
| 30% | 25% |
| 31% | 26% |
| 32% | 27% |
| 33% | 28% |
| 34% | 29% |
| 35% | 30% |
| 36% | 31% |
| 37% | 32% |
| 38% | 33% |
| 39% | 34% |
| 40% | 35% |
| 41% | 38.75% |
| 42% | 42.5% |
| 43% | 46.25% |
| 44% | 50% |
The applicant shall elect whether the density bonus shall be awarded on the basis of subsection (a), (b), (c), (d) or (e) above. All density calculations resulting in fractional units shall be rounded up to the next whole number. The density bonus shall not be included when determining the number of dwelling units that is equal to five or ten percent of the total dwelling units.
(Ord. No. 1378, § 3 (Exh. 1), 1-20-2026)
10.08.4662 - Land donation.¶
When an applicant donates land to the city, the applicant shall be entitled to a fifteen (15%) percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire residential development project as follows:
Density Bonus Calculation
| Percentage Very Low-Income Units | Percentage Density Bonus |
|---|---|
| 10% | 15% |
| 11% | 16% |
| 12% | 17% |
| 13% | 18% |
| 14% | 19% |
| 15% | 20% |
| 16% | 21% |
| 17% | 22% |
| 18% | 23% |
| 19% | 24% |
| 20% | 25% |
| 21% | 26% |
| 22% | 27% |
| 23% | 28% |
| 24% | 29% |
| 25% | 30% |
| 26% | 31% |
| 27% | 32% |
| 28% | 33% |
| 29% | 34% |
| 30% | 35% |
This increase shall be in addition to any density bonus mandated in Section 10.08.4659(a) through (e) above, up to a maximum combined increase of thirty-five (35%) percent if the applicant seeks both the increase required under this section and the increase under Sections 10.08.4659 (a) through (e). All density bonuses resulting in fractional numbers of one-half or higher shall be rounded up to the next whole number. An applicant shall be eligible for the increased density bonus described in this section if all of the following conditions are met:
(a) The applicant donates and transfers the land to the City no later than the date of approval by the City of the final subdivision map, parcel map, or residential development application of the residential development project seeking the density bonus.
(b) 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 (10%) percent of the number of residential units of the proposed residential development project seeking the density bonus.
(c) The transferred land:
(1) Is at least one acre in size or of sufficient size to permit development of at least forty (40) units; and
(2) Has the appropriate general plan designation and is appropriately zoned for affordable housing based on a density of at least the minimum default density as established by the State Department of Housing and Community Development; and
(3) Is or will be served by adequate public facilities and infrastructure; and
(4) Has appropriate zoning and development standards to make the development of the affordable units feasible; and
(5) Has all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land no later than the date of approval of the final subdivision map, parcel map, or of the residential development project seeking the density bonus, except that the City may subject the proposed residential development project to subsequent design review, if the design is not reviewed by the City prior to the time of transfer.
(d) The transferred land and the affordable units shall be subject to a deed restriction, which shall be recorded on the property at the time of dedication, ensuring continued affordability of the units for a term of at least thirty (30) years.
(e) The land is transferred to the City or to another housing developer approved by the City.
(f) The transferred land shall be within the boundary of the proposed residential development project or, if the City agrees, within one-quarter mile of the boundary of the proposed residential development project.
(Ord. No. 1378, § 3 (Exh. 1), 1-20-2026)
10.08.4665 - Child care facilities.¶
When an applicant proposes to construct a residential development project that conforms to the requirements of Section 10.08.4659(a) through (e) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the residential development project, the City shall grant either of the following:
(a) 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
(b) An additional concession or incentive designated by the City to contribute to the economic feasibility of the construction of the child care facility.
The City shall require, as a condition of approving the residential development project, that the following occur:
(a) The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing units are required to remain affordable pursuant to this chapter; and
(b) Of the children who attend the child care facility, the children of very low-income households, low-income households, and moderate-income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are made affordable to very low-income households, low-income households, or families of moderate-income households pursuant to Section 10.08.4659(a) through (e).
Notwithstanding any requirement of this chapter, the City shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.
(Ord. No. 1378, § 3 (Exh. 1), 1-20-2026)
10.08.4668 - Condominium conversions.¶
When an applicant for approval to convert apartments to a condominium project agrees to provide at least thrity-three (33%) percent of the total units of the proposed condominium project to households earning between eighty (80%) percent and 120 percent of median income, or fifteen (15%) percent of the total units of the proposed condominium project to households earning less than eighty (80%) percent of median income, and agrees to pay for the reasonably necessary administrative costs incurred by the City, the City shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value.
For purposes of this section, "density bonus" means an increase in units of twenty-five (25%) percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion.
For purposes of this section, "other incentives of equivalent financial value" shall not be construed to require the City to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the City might otherwise apply as conditions of conversion approval.
An applicant shall be ineligible for a condominium conversion density bonus or other incentives under this section if the apartments proposed for conversion constitute a residential development project for which a density bonus or other incentives were previously provided under this chapter.
(Ord. No. 1378, § 3 (Exh. 1), 1-20-2026)
10.08.4671 - Design, distribution and timing of affordable housing.¶
Affordable housing units must be constructed concurrently with market-rate units. The affordable units shall be integrated into the residential development project and be comparable in infrastructure (including sewer, water and other utilities), construction quality and exterior design to the market-rate units. The affordable units must also comply with the following criteria:
(a) Rental residential development projects: When affordable units are required in rental residential development projects, the units should be integrated with the project as a whole. All affordable units shall reflect the range and numbers of bedrooms provided in the project as a whole, and shall not be distinguished by design, construction, or materials. All affordable units shall be reasonably dispersed throughout the project.
(b) Owner-occupied residential development projects: When affordable units are required in owner-occupied residential development projects, the units should be integrated with the project as a whole. Affordable units may be smaller in aggregate size and have different interior finishes and features than market-rate units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing.
All affordable units shall reflect the range and numbers of bedrooms provided in the project as a whole, except that if the market-rate units provide more than four (4) bedrooms, the affordable units need not provide more than four (4) bedrooms.
No building permits will be issued for market-rate units until permits for all affordable units have been obtained, unless affordable units are to be constructed in phases pursuant to a plan approved by the City. Market-rate units will not be inspected for occupancy until all affordable units have been constructed, unless affordable units are to be constructed in phases pursuant to a plan approved by the City.
(Ord. No. 1378, § 3 (Exh. 1), 1-20-2026)
10.08.4674 - Requests for incentives or concessions.¶
The applicant must submit a density bonus application, as described in Section 10.08.4683 below, for the specific incentives or concessions that the applicant requests. The City shall grant the concession or incentive requested by the applicant unless the City makes a written finding, based upon substantial evidence, of either of the following:
(a) The concession or incentive is not required in order to provide for affordable housing costs;
(b) The concession or incentive would have a specific adverse impact upon public health and safety or the physical environment or on any real property that is listed in the Federal Register of Historic Resources, or 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.
(Ord. No. 1378, § 3 (Exh. 1), 1-20-2026)
10.08.4677 - Granting of incentives or concessions.¶
If the conditions of Sections 10.08.4659(a), (b), (c) (d) or (e) are met by applicant, the following incentives or concessions may be granted:
(a) One incentive or concession for projects that include:
(1) At least ten (10%) percent of the total units for lower income households, or
(2) At least five (5%) percent for very low-income households, or
(3) At least ten (10%) percent for persons and families of moderate income in a development in which the units are for sale.
(b) Two (2) incentives or concessions for projects that include:
(1) At least seventeen (17%) percent of the total units for lower income households, or
(2) At least ten (10%) percent for very low-income households, or
(3) At least twenty (20%) percent for persons and families of moderate income in a development in which the units are for sale.
(c) Three (3) incentives or concessions for projects that include:
(1) At least twenty-four (24%) percent of the total units for lower income households, or
(2) At least fifteen (15%) percent for very low-income households, or
(3) At least thirty (30%) percent for persons and families of moderate income in a development in which the units are for sale.
(d) Five (5) incentives or concessions for a project meeting the criteria of 100 percent of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to twenty (20%) percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code. For purposes of this subparagraph, "development" includes a shared housing building development. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three (3) additional stories, or thirty-three (33) feet.
(e) One incentive or concession for projects that include at least twenty (20%) percent of the total units for lower income students in a student housing development. If a project includes at least twenty-three (23%) percent of the total units for lower income students in a student housing project, the applicant shall instead receive two (2) incentives or concessions.
(f) Four (4) incentives or concessions for projects that include at least sixteen (16%) percent of the units for very low-income households or at least forty-five (45%) percent for persons and families of moderate income in a development in which the units are for sale.
(Ord. No. 1378, § 3 (Exh. 1), 1-20-2026)
10.08.4680 - Modifying development standards as an incentive.¶
(a) Incentives requested under Sections 10.08.4662 and 10.08.4665 may include the following:
(1) A reduction of a site development standard or a modification of a zoning code requirement which exceeds the minimum building standards provided in Health and Safety Code section 18901 and following and which result in identifiable, financially sufficient, and actual cost reductions, including, but not limited to:
| i. Reduced minimum lot size or dimension. | Each reduction of ten (10%) percent is considered one incentive. |
|---|---|
| ii. Reduced minimum lot setback: front or rear yard. | Reduction in combined front and rear yard setbacks is considered one incentive, except that the reduction must leave at least a five (5) foot setback for each for front and rear yards. |
| iii. Reduced side yard setbacks. | Reduction in combined side yard setbacks is considered one incentive, except that the reduction must leave at least one five (5) foot setback. |
| iv. Increased maximum lot coverage. | Each increase of ten (10%) percent is considered one incentive. |
| v. Reduced open space requirement. | Each decrease of ten (10%) percent in the open space and land scape requirement is considered one incentive. |
| vi. Increased maximum building height. | Each additional story in height is considered one incentive, except when the total building height exceeds four stories. In that case, each additional increase by a partial story is one incentive and each additional increase by a full story is two (2) incentives. |
| vii. Reduced drive aisle width below the applicable City standard, subject to fire district approval. | Each reduction of three (3) feet in drive aisle width is considered one incentive. |
| viii. Waiver of a design standard from the City's Design Goals and Standards. | Each waiver of a design standard is considered one incentive. (Waivers of General Plan design standards are not permitted, for example: connectivity, community character.) |
State Law reference— (Govt. Code section 65915(l)(1))
(2) Approval of mixed-use zoning in conjunction with the housing development if nonresidential land uses will reduce the cost of the housing development and if the City finds that the proposed nonresidential uses are compatible with the housing development and with existing or planned development in the area where the proposed housing development will be located. (Approval of mixed-use zoning is considered six (6) incentives.) (Govt. Code section 65915(l)(2));
(3) Other regulatory incentives proposed by the developer or the City which result in identifiable, financially sufficient, and actual cost reductions. The City has the right to establish the incentive value for any other incentive proposed by an applicant.
(b) An applicant may seek a waiver or modification of development standards that will have the effect of precluding the construction of a housing development meeting the criteria of Section 10.08.4669 at the densities or with the incentives permitted by this section. The developer shall show that the waiver or modification is necessary to make the housing units economically feasible. (Govt. Code sections 65915(e) and (f))
(Ord. No. 1378, § 3 (Exh. 1), 1-20-2026)
10.08.4683 - Application requirements and review.¶
(a) Application. An application for a density bonus, incentive, waiver, modification, or revised parking standard under this section shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the City and shall include at least the following information:
(1) Site plan showing total number of units, number and location of target units, and number and location of proposed density bonus units;
(2) Level of affordability of target units and proposals for ensuring affordability (See Section 10.08.4680.);
(3) Description of any requested incentives, waivers or modifications of development standards, or modified parking standards.
(i) For all incentives, the application shall include substantial evidence that the requested incentives result in identifiable, financially sufficient, and actual cost reductions (Govt. Code section 65915(l)(3)),
(ii) For waivers or modifications of development standards, the application shall provide substantial evidence to show that the waiver or modification is necessary to make the housing units economically feasible and that the development standards, without waiver or modification, will have the effect of precluding the construction of a housing development meeting the criteria of Section 10.08.4660 at the densities or with the incentives permitted by this section. (Govt. Code sections 65915(e) and (f))
The applicant shall submit a development pro forma in a form prescribed by the City or the City's Economic Consultant. The applicant shall pay the cost of peer review of the development pro forma;
(4) If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Section 10.08.4665 can be made;
(5) If a density bonus or incentive is requested for a child care facility, the application shall show the location and square footage of the child care facility and provide substantial evidence that each of the findings included in Section 10.08.4665 can be made.
(b) Approval body. An application for a density bonus, incentive, waiver, modification, or revised parking standard under this section shall be considered by and acted upon by the approval body with authority to approve the housing development. Any decision regarding a density bonus, incentive, waiver, modification, or revised parking standard may be appealed from the Planning Commission to the City Council. Neither the granting of an incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval. (Govt. Code sections 65915(g)(1) and (2) and (k))
(c) Findings for approval. Before approving an application for a density bonus, incentive, waiver, or modification, the approval body shall make the following findings:
(1) If the density bonus is based all or in part on donation of land, the findings included in Section 10.08.4662;
(2) If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care facility, the findings included in Section 10.08.4665;
(3) If the incentive or concession includes mixed use development, the findings included in Section 10.08.4680;
(4) If a waiver or modification is requested, the developer has shown by substantial evidence that the waiver or modification is necessary to make the housing units economically feasible. (Govt. Code section 65915(f))
(d) Findings required for denial of incentive. If a request for an incentive is otherwise consistent with this section, the approval body may deny an incentive if it makes a written finding, based upon substantial evidence, of either of the following:
(1) The incentive is not required to provide for affordable rents or affordable ownership costs.
(2) The incentive would have a specific adverse impact upon: (i) public health or safety; or (ii) the physical environment: or (iii) 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.
For the purpose 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 that the application was deemed complete. (Govt. Code sections 65589.5, 65915(d)(1))
(e) Findings required for denial of waiver or modification. If a request for a waiver or modification is otherwise consistent with this section, the approval body may deny the waiver or modification only if it makes a written finding, based upon substantial evidence, of either of the following:
(1) The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, 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 the purpose 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 that the application was deemed complete. (Govt. Code sections 65589.5, 65915(e))
(2) The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
(f) Findings required for denial of bonus or incentive for child care facility. If a density bonus or concession is based on the provision of child care facilities, the approval body may deny the bonus or concession if it finds, based on substantial evidence, that the City already has adequate child care facilities. (Govt. Code section 65915(i)(3))
(Ord. No. 1378, § 3 (Exh. 1), 1-20-2026)
10.08.4686 - Density bonus housing agreement.¶
(a) Agreement required. An applicant requesting a density bonus shall agree to enter into a density bonus housing agreement (or affordable housing agreement, or other appropriate title) with the City. The agreement shall be made a condition of each discretionary planning permit for the housing development under this subsection. (Govt. Code section 65917)
(b) Recordation. The density bonus housing agreement shall be recorded as a restriction on any parcel on which the target units or density bonus units will be constructed. It shall be recorded before or concurrently with final or parcel map approval, or, where the housing development does not include a map, before issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind all successors in interest.
(c) Contents. The density bonus housing agreement shall include but not be limited to the following:
(1) The total number of units approved for the housing development, the number, location, and level of affordability of target units, and the number of density bonus units;
(2) Standards for determining affordable rent or affordable ownership cost for the target units;
(3) The location, unit size in square feet, and number of bedrooms of target units;
(4) Provisions to ensure affordability in accordance with Sections 10.08.4653 and 10.08.4677;
(5) A schedule for completion and occupancy of target units in relation to construction of nonrestricted units;
(6) A description of any incentives, waivers, or reductions being provided by the City;
(7) A description of remedies for breach of the agreement by either party. The City may identify tenants or qualified purchasers as third party beneficiaries under the agreement;
(8) Procedures for qualifying tenants and prospective purchasers of target units;
(9) Other provisions to ensure implementation and compliance with this section.
(d) For-sale housing provisions. In the case of for-sale housing developments, the density bonus housing agreement shall include the following conditions governing the sale and use of target units during the applicable use restriction period:
(1) Target units shall be owner-occupied by eligible very low-, low-, or moderate-income households, or by qualified residents in the case of senior citizen housing developments.
(2) The purchaser of each target unit shall execute an instrument approved by the City and to be recorded against the parcel including such provisions as the City may require to ensure continued compliance with this section.
(e) Rental housing provisions. In the case of rental housing developments, the density bonus housing agreement shall provide for the following:
(1) Procedures for establishing affordable rent, filling vacancies, and maintaining target units for eligible tenants;
(2) Provisions requiring verification of household incomes;
(3) Provisions requiring maintenance of records to demonstrate compliance with this subsection.
(f) Child care facility or land dedication provisions. A density bonus housing agreement for a child care facility or land dedication shall ensure continued compliance with all conditions included in Sections 10.08.4659 and 10.08.4665, respectively.
(Ord. No. 1378, § 3 (Exh. 1), 1-20-2026)
Get a plain-English answer with a citation back to this text.
Ask AI about this code