[Editor's Note: Prior history includes Ord. No. 99-10.]
[Ord. No. 2015-01]
Whenever the following capitalized terms are used in this chapter,
they shall have the respective meanings set forth in this section.
a.
DENSITY BONUS – shall mean a density increase over the otherwise
maximum allowable residential density under the applicable zoning
ordinance and the land use element of the general plan as of the date
of application. Density bonus percentages may range from 5% to 35%
depending upon the percentage of low-income, very low-income, moderate-income
housing units or large family housing units proposed for construction
by a housing developer.
b.
DEVELOPER INCENTIVES – shall mean the following:
1.
Reduce or eliminate standards contained in the subdivision ordinance
or Firebaugh's Improvements Manual.
2.
Reduce or eliminate residential zone district requirements, including
open space, lot size, setbacks, or parking standards.
3.
Reduce or eliminate any design requirements exceeding Building Code
specifications.
[Amended 12-5-2022 by Ord. No. 22-04]
c.
EXTREMELY LOW INCOME HOUSEHOLD – shall mean a household earning
an income that does not exceed 30% of the Fresno County median household
income.
d.
HOUSING DEVELOPMENT – shall mean one or more residential projects
that have five or more residential units.
e.
LARGE FAMILY HOUSEHOLD UNIT – shall mean a dwelling that contains
at least four bedrooms.
f.
LOW INCOME HOUSEHOLD – shall mean a household earning an income
between 50% and 80% of the Fresno County median household income.
g.
"SENIOR HOUSEHOLDS – shall mean those residential units that
have at least one occupant that is at least 55 years of age or older.
h.
TARGET HOUSEHOLDS – shall mean lower-income households or senior
citizen households.
i.
VERY LOW INCOME HOUSEHOLD – shall mean a household earning
an income between 30% and 50% of the Fresno County median household
income.
[Ord. No. 2015-01]
a.
The purpose and intent of a density bonus is to encourage developers
to construct affordable housing for "target households" as defined
by the Government Code. Firebaugh can approve a density bonus if a
housing developer agrees to construct a certain percentage of units
for target households and agrees to maintain their affordability for
a specific time period.
b.
Section 65915 of the State Government Code states that when an applicant
seeks a density bonus for a housing development in Firebaugh, the
City shall provide the applicant incentives or concessions for the
production of housing units, consistent with the provisions of this
chapter.
[Ord. No. 2015-01]
An application for a density bonus shall be made to the Planning
Department on a form prescribed by the Department. The application
shall be accompanied by a fee set by resolution of the City Council.
[Ord. No. 2015-01]
a.
Government Code Section 65915 indicates that when an applicant seeks
a density bonus for a housing development, the density bonus requirements
are triggered when the residential development sets aside at least
10% of the total units as affordable to low-income households; or
at least 5% of the total units as affordable to very low-income households;
at least 10% of the total units as affordable for moderate-income
households in a common interest for sale development. Further, a density
bonus request may be made when at least 10% of the units are designed
as large family household units or all units are reserved for senior
citizens, or for a mobile home park restricted to senior citizen residents.
Finally, a density bonus can be requested when a developer of affordable
housing provides a site of at least one acre for the development of
housing for target groups.
b.
Development concessions or incentives that may be provided by the
City of Firebaugh include a reduction in site development standards;
a modification of zoning code requirements (including a reduction
in setbacks, square footage requirements, or parking spaces; or architectural
design requirements which exceed the minimum building standards);
approval of mixed use zoning in conjunction with the housing project
if commercial, office, industrial, or other land uses will reduce
the cost of the housing development, and if such nonresidential uses
are compatible with the project; or other regulatory incentives or
concessions proposed by the developer or the city of Firebaugh which
result in identifiable cost reductions. The number of incentives will
be based on the following project affordability factors:
1.
For projects with at least 5% very low income, 10% lower income,
10% moderate-income units, or 10% large family units, one incentive
or concession is required.
2.
For projects with at least 10% very low income, 20% lower income,
20% moderate income units, or 20% large family units, two incentives
or concessions are required.
3.
For projects with at least 15% very low income, 30% lower income,
30% moderate income units, or 30% large family units, three incentives
or concessions are required.
c.
A project that receives a density bonus and concession or incentive
must retain affordability of the units for at least 30 years.
[Ord. No. 2015-01]
If an applicant for a tentative subdivision map, parcel map,
or some other type of residential development application donates
land to Firebaugh where very-low income housing can be developed;
the developer shall be entitled to a minimum of 15% increase above
the allowable residential density under the zoning ordinance and land
use element of the general plan.
[Ord. No. 2015-01]
a.
Report and Findings. The Planning Department shall prepare a report
on the density bonus application. The Department shall provide a recommendation
based on the following density bonus requirements.
1.
The housing development qualifies for a density bonus based on the
requirements outlined in Government Code Sections 65915 to 65918,
or for large family household units.
2.
The applicant has provided to the City the legal instrument that
will ensure that "target households" will remain affordable for at
least 30 years.
3.
The application has selected developer incentives or concessions.
[Ord. No. 2015-01]
a.
Following the Planning Commission's review of the Planning Department's
report on the applicant's request for a density bonus, the Commission
shall take action on the density bonus application based on the regulations
contained in Government Code Sections 65915 to 65918. The Commission
can recommend to the City Council approval, approval with conditions,
or denial of the density bonus. Denial of a density bonus application
shall require findings consistent with those in Government Code Sections
65915 to 65918.
1.
The Commission's recommendation shall be forwarded to the City Council.
2.
The Commission's decision shall not be based on a finding that the
housing project will be occupied by "target households" and that this
condition may have an adverse impact on the neighborhood or community.
3.
Within 10 days of adopting a resolution on the density bonus, the
Planning Department shall forward the Commission's recommendation
to the City Council and shall transmit a copy of the Commission's
resolution to the applicant.
[Ord. No. 2015-01]
a.
The City Council shall consider the Planning Commission's recommendation
and shall take action on the density bonus application. The Council
can approve, approve with modifications, or deny the density bonus
application. One of the following actions shall be initiated:
1.
Any modification of the proposed density bonus by the City Council,
which is based on information not considered by the Planning Commission,
shall cause the density bonus application to be referred back to the
Commission for its reevaluation and recommendation.
2.
The Council's decision shall not be based on a finding that the housing
project will be occupied by "target households" and that this condition
may have an adverse impact on the neighborhood or community.
[Ord. No. 2015-01]
Agreements, contracts, or other instruments between the City
and the developer shall be required to ensure that "target households"
shall remain affordable for the period of time agreed to by the City
and the developer. Said agreement shall be reviewed and approved by
the City Attorney and shall be recorded with the Fresno County Recorders
Office.
[Ord. No. 2015-01]
The base density of a property for which a density bonus is being requested shall be determined by the property's zoning. The actual amount of the density bonus that may be granted for a particular project is set on a sliding scale, based upon the percentage of affordable units provided at each income level, as shown in subsection 30-1.11, Density Bonus Chart, Table 30-1.11.
[Ord. No. 2015-01]
|
Table 30-1.11 Density Bonus Calculation Chart
| |||||
|---|---|---|---|---|---|
|
Affordable Units Provided with project (percentage of total
units (before bonus))
|
Density bonus allowed for Very Low Income Units
|
Density bonus allowed for Low Income Units
|
Density bonus allowed for Moderate Income or Large Family Units
|
Density bonus allowed for Land Donation
|
Density bonus allowed for Senior units
|
|
5%
|
20%
|
—
|
—
|
20%
| |
|
6%
|
22.5%
|
—
|
—
|
—
|
20%
|
|
7%
|
25%
|
—
|
—
|
—
|
20%
|
|
8%
|
27.5%
|
—
|
—
|
—
|
20%
|
|
9%
|
30%
|
—
|
—
|
—
|
20%
|
|
10%
|
32.5%
|
20%
|
5%
|
15%
|
20%
|
|
11%
|
35%
|
21.5%
|
6%
|
16%
|
20%
|
|
12%
|
35%
|
23%
|
7%
|
17%
|
20%
|
|
13%
|
35%
|
24.5%
|
8%
|
18%
|
20%
|
|
14%
|
35%
|
26%
|
9%
|
19%
|
20%
|
|
15%
|
35%
|
27.5%
|
10%
|
20%
|
20%
|
|
16%
|
35%
|
29%
|
11%
|
21%
|
20%
|
|
17%
|
35%
|
30.5%
|
12%
|
22%
|
20%
|
|
18%
|
35%
|
32%
|
13%
|
23%
|
20%
|
|
19%
|
35%
|
33.5%
|
14%
|
24%
|
20%
|
|
20%
|
35%
|
35%
|
15%
|
25%
|
20%
|
|
21%
|
35%
|
35%
|
16%
|
26%
|
20%
|
|
22%
|
35%
|
35%
|
17%
|
27%
|
20%
|
|
23%
|
35%
|
35%
|
18%
|
28%
|
20%
|
|
24%
|
35%
|
35%
|
19%
|
29%
|
20%
|
|
25%
|
35%
|
35%
|
20%
|
30%
|
20%
|
|
26%
|
35%
|
35%
|
21%
|
31%
|
20%
|
|
27%
|
35%
|
35%
|
22%
|
32%
|
20%
|
|
28%
|
35%
|
35%
|
23%
|
33%
|
20%
|
|
29%
|
35%
|
35%
|
24%
|
34%
|
20%
|
|
30%
|
35%
|
35%
|
25%
|
35%
|
20%
|
|
31%
|
35%
|
35%
|
26%
|
35%
|
20%
|
|
32%
|
35%
|
35%
|
27%
|
35%
|
20%
|
|
33%
|
35%
|
35%
|
28%
|
35%
|
20%
|
|
34%
|
35%
|
35%
|
29%
|
35%
|
20%
|
|
35%
|
35%
|
35%
|
30%
|
35%
|
20%
|
|
36%
|
35%
|
35%
|
31%
|
35%
|
20%
|
|
37%
|
35%
|
35%
|
32%
|
35%
|
20%
|
|
38%
|
35%
|
35%
|
33%
|
35%
|
20%
|
|
39%
|
35%
|
35%
|
34%
|
35%
|
20%
|
|
40%
|
35%
|
35%
|
35%
|
35%
|
20%
|
|
Notes:
| |
|
1.
|
All density bonus calculations resulting in fractions are rounded
up to next whole number
|
|
2.
|
No affordable units are required for senior housing units to
receive a density bonus
|
