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)
An application for a density bonus, developer incentive, or
waiver or modification of development standards shall include the
following information:
(b) Preliminary
architectural elevations;
(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)