The purpose of this section is to comply with State Density Bonus Law (California Government Code (GC) Sections 65915 through 65918), by providing increased residential densities for projects that guarantee that a portion of the housing units will be affordable to very low-, low-, or moderate-income households, senior citizens, or include child care facilities.
(a) 
Projects that utilize the density bonus are not required to implement the City's Inclusionary Housing Policy or other inclusionary housing ordinance in effect at the time of issuance of building permit.
(Ord. 570 § 1, 2013)
The provisions of this article apply to the construction of five or more housing units as a part of any tentative subdivision map, master plan of development (conditional use permit) or other development application that satisfy one or more of the following criteria:
(a) 
At least 10% of the units are designated for low-income households.
(b) 
At least 5% of the units are designated for very low-income households.
(c) 
One hundred percent of the units are designated for senior citizens as defined in Sections 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% 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.
(Ord. 570 § 1, 2013)
The density bonus shall be calculated as shown in the table below for very low-, low-, and moderate-income households. For housing developments meeting the criteria of Section 9-3.802(c), the density bonus shall be 20% of the total number of senior housing units. All density calculations resulting in fractional units shall be rounded consistent with the City's Municipal Code Section 9-1.109.
Percentage of Affordable Units and Corresponding Density Bonus
Very Low-Income Households Earning < 50% AMI
Low-Income Households Earning < 80% AMI
Moderate-Income 120% AMI Persons/Families in Common Interest Development1
Very Low-Income Units
Percentage of Density Bonus1
Low-Income Units
Percentage of Density Bonus1
Moderate-Income Units
Percentage of 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.
(Ord. 570 § 1, 2013)
(a) 
Restrictions. When an applicant seeks a density bonus as prescribed by GC Section 65915, the City will grant developer incentives as required, unless it makes any of the following findings:
(1) 
The developer incentives are 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 GC Section 65915(c).
(i) 
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 on 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 low- and moderate-income households.
(ii) 
The developer incentives would be contrary to State or Federal law.
(b) 
Number of Developer Incentives. The number of developer incentives shall be in compliance with the table as shown below:
Number of Developer Incentives
Number of Developer Incentives
Set Aside Units
Very Low-Income Units
Low-Income Units
Moderate-Income Units in Common Interest Developments1
1
5%
10%
10%
2
10%
20%
20%
3
15%
30%
30%
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.
(c) 
Developer Incentives Defined. For the purposes of this section, concession or incentive means any of the following that results in identifiable, financially sufficient, and actual cost reductions:
(1) 
Reduced site development standards;
(2) 
Modified zoning code;
(3) 
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;
(4) 
A reduction in setback requirements;
(5) 
Reduction of vehicular parking standards;
(6) 
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;
(7) 
Other regulatory developer incentives proposed by the developer;
(8) 
Other regulatory developer incentives proposed by the City.
(Ord. 570 § 1, 2013)
(a) 
Proposal. In accordance with Government Code Section 65915(e), an applicant may propose a waiver or modification of development standards if it would physically preclude the construction of a development project under the criteria Section 9-3.802 at the densities or with the developer incentives permitted by this section. A waiver or modification of standards shall be reviewed by the City's Design Review Committee and approved by the Planning Commission and/or City Council.
(b) 
A proposal for the waiver or reduction of development standards pursuant to this subsection shall neither reduce nor increase the number of developer incentives to which the applicant is entitled pursuant to Section 9-3.804(b).
(c) 
Grounds for Denial. 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:
(1) 
The application does not conform with the requirements of this section or Government Code Sections 65915 through 65918.
(2) 
The applicant fails to demonstrate that the City's development standards physically preclude the utilization of a density bonus on a specific site. The City's Design Review Committee or Planning Commission shall make the appropriate finding.
(3) 
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.
(4) 
The waiver or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
(5) 
The waiver or reduction would be contrary to State or Federal law.
(Ord. 570 § 1, 2013)
An application for a density bonus, developer incentive, or waiver or modification of development standards shall include the following information:
(a) 
Site plan;
(b) 
Preliminary architectural elevations;
(c) 
Preliminary floor plans;
(d) 
Preliminary landscaping plan;
(e) 
The total number of base units;
(f) 
The number and location of proposed affordable housing units;
(g) 
The specific developer incentive(s) sought, if any;
(h) 
The specific waiver or modification to development standards sought, if any;
(i) 
If seeking a developer incentive, documentation regarding the necessity of the developer incentive in order to provide affordable housing costs or rents;
(j) 
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;
(k) 
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
(l) 
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:
(1) 
Provide the location of the proposed child day care facility and the proposed operator,
(2) 
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,
(3) 
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
(4) 
Agree that the child day care facility will be in operation when the first certificate of occupancy is issued.
(Ord. 570 § 1, 2013)