Chapter 17.32

DENSITY BONUSES FOR AFFORDABLE AND SENIORS HOUSING

Sections:

• 17.32.010 Purpose and applicability.

• 17.32.020 Density bonus eligibility.

• 17.32.030 Incentives and concessions.

• 17.32.040 Applications for bonus requests.

This chapter is intended to implement the housing element of the general plan and the requirements of Government Code Sections 65915 through 65918, offering incentives for the development of affordable housing for low and moderate income and senior citizen households. Where regulations are not specifically addressed in this section or where conflicts exist between these provisions and the provisions of Government Code Sections 65915 through 65918, the provisions of the Government Code, as they may be amended over time, shall apply. (Ord. 706 §3 (Exh. A), 2019).

A. In order to be eligible for a density bonus and other incentives as provided by this chapter, a proposed housing development shall comply with the eligibility requirements specified in Government Code Sections 65915 through 65918. A density bonus and applicable incentives/concessions shall be granted if an applicant for a housing development seeks and agrees to construct a development that contains low-income, very low-income, moderate-income, and/or seniors housing units, the required percentages of which are described in Government Code Section 65915(b)(1) and outlined below.

1. At least ten percent of the total number of proposed units are for low-income households, as defined in Health and Safety Code Section 50079.5; or

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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2. At least five percent of the total number of proposed units are for very low-income households, as defined in Health and Safety Code Section 50105; or

3. At least ten percent of the total number of dwelling units in a common interest development, as defined in Civil Code Section 1351(f) and (k), for households of moderate income, as defined in Health and Safety Code Section 50093; or

4. The project is a senior citizen housing development as defined by Civil Code Sections 51.3 and 51.12.

• B. Density bonuses provided by this chapter shall only be available to housing developments of five or more dwelling units. (Ord. 706 §3 (Exh. A), 2019).

A. An applicant for a density bonus may also request specific incentives or concessions from the city in addition to the density bonus. A qualifying project shall be entitled to one, two, or three of the following incentives, as allowed by Government Code Section 65915:

1. A reduction in the site development standards of this zoning code (e.g., site coverage, off-street parking, reduced lot dimensions and/or setback requirements);

2. Approval of mixed-use zoning not otherwise allowed in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development and the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the project will be located; and/or

   3. Other regulatory incentives or concessions proposed by the developer or the city that will result in identifiable and actual cost reductions.

• B. The city shall grant the incentive or concession requested by the applicant unless the city makes a written finding, based on substantial evidence, of either of the following:

1. The incentive or concession is not required in order to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set in compliance with Government Code Section 65915(c); or

2. The incentive or concession would have a specific adverse impact, as defined by Government Code Section 65589.5(d)(2), upon public health and safety, or the physical environment, or on any real property 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. (Ord. 706 §3 (Exh. A), 2019).

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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A. Site Plan Review. An application for site plan review shall be required for any density bonus request. Applications submitted under this process will be reviewed and acted on by the planning director. The planning director may, at his/her discretion, forward a site plan review permit to the planning commission for their consideration and action. Decisions on applications by the director and/or planning commission may be appealed pursuant to Chapter 17.72, Appeals, in Division 7, Zoning Code Administration.

• B. Continuing Affordable Unit Availability.

  1. Approval of an application for density bonus will require the developer to maintain the continued affordability of the designated lower-income units for a minimum of thirty years.

  2. Density Bonus Agreement. In order to preserve long-term affordability, prior to issuance of a building permit for any dwelling unit in a development for which a density bonus has been awarded, the developer must enter into the city’s standard density bonus agreement. The density bonus agreement will run with the land, be binding upon successors in interest, and be recorded with the county recorder.

• C. Findings. In addition to the findings required for the approval of the site plan review permit and any other permit required for the project, the approval of a density bonus shall require the approving body to first make all of the following findings:

  1. The project will be consistent with the general plan, except as provided by this chapter with regard to maximum density, density bonus, and any other incentives and concessions;

  2. The approved number of dwellings can be accommodated by existing and planned infrastructure capacities;

  3. Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this section;

4. In the event that the city does not grant at least one financial concession or incentive as defined in Government Code Section 65915 in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable housing costs as defined in Health and Safety Code Section 50052.5 or for rents for the targeted units to be set as specified in Government Code Section 65915(c); and

5. There are sufficient provisions to guarantee that the units will remain affordable for the required time period. (Ord. 706 §3 (Exh. A), 2019).