Note: Prior history: prior code §§ 16-315.010—16-315.090; Ords. 2020-06-09-1501 C.S., 015-09 C.S., 023-07 C.S., and 012-07 C.S.
This chapter establishes procedures and requirements for the implementation of State Density Bonus Law (Government Code Section 65915, et seq.) and to accomplish the following:
A. 
Clear, streamlined procedures that enable the expedited administration of this chapter.
B. 
Promote affordable housing production through incentives exceeding State mandates when certain community benefits are provided.
C. 
Establish standards that implement the goals, objectives, and policies of the Stockton General Plan, including its Housing Element, to address housing needs in the community.
(Ord. 2020-12-01-1502 C.S. § 7)
This chapter applies to housing developments conforming to the definition herein. In the event of a conflict between this chapter and State Density Bonus Law, the provisions of State Density Bonus Law shall prevail.
(Ord. 2020-12-01-1502 C.S. § 8)
The following terms are specialized for use only in this chapter.
Affordable Rent.
Monthly rent charged to extremely low-, very low-, low-, and moderate-income households for housing units as calculated in accordance with Section 50053.b of the California Health and Safety Code.
Base Project.
The maximum number of units allowed for the site by Section 16.24.200, Table 2-3.B and prior to the inclusion of any units above that amount requested as a density bonus.
Bedroom.
A bedroom is defined as any room that meets the criteria for a bedroom or sleeping room in the California Building Standards Code.
Concession or Incentive.
A modification in development standards, zoning code requirements, architectural design requirements, parking requirements, or other concessions or incentives identified in Government Code Section 65915(k) or any successor provision that results in identifiable and actual cost reductions, in order to provide for affordable housing.
Density Bonus.
As defined by State law (Government Code Section 65915, et seq.), an increase over the maximum density otherwise allowed by the applicable zoning district, that is granted to the applicant of a housing development who agrees to construct a prescribed percentage of dwelling units that are affordable to moderate and/or lower income households. When determining the number of dwelling units that shall be affordable, the units authorized by the density bonus shall not be included in the calculation.
Development Standard.
Site or construction conditions that apply to a housing development in compliance with any ordinance, General Plan element, specific plan, Charter amendment, or other local condition, law, policy, resolution, or regulation.
Eligibility Points.
The number of points calculated pursuant to Section 16.40.050 (Concessions or Incentives, Waivers or Reductions, and Eligibility Points) must be earned by an applicant for a housing development to establish eligibility for a supplemental density bonus. Eligibility points are earned through the provision of affordable housing units, or through the provision of affordable housing together with approved community benefits as provided in Section 16.40.050.
Equivalent Size.
As required by State law (Government Code Section 65915, et seq.), equivalent size for the purposes of enforcing affordable housing replacement unit provisions shall mean that replacement units must contain at least the same total number of bedrooms as the units being replaced.
Family-Size Units.
A dwelling unit with three or more bedrooms.
Housing Development.
A development project of five or more residential units, including mixed-use developments, as defined by California Government Code Section 65917.2. For the purposes of this chapter, "housing development" also includes projects defined in California Government Code Section 65915(i), including a subdivision or common interest development, as defined in Section 4100 of the California Civil Code, approved by the City and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of California Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.
Maximum Allowable Residential Density.
The maximum number of dwelling units per acre as provided at Section 16.24.200, Table 2-3.B.
State Density Bonus Law.
Sections 65915 through 65918 of the California Government Code. The City will allow a housing development a 50 percent maximum density bonus and concessions or incentives meeting all the applicable eligibility requirements as set forth in California Government Code Section 65915, et seq.
Waiver or Reduction.
An allowed modification of development standards that would otherwise physically preclude the construction of a development meeting the criteria of this chapter at the density permitted under State Density Bonus Law or with the concessions and incentives granted under this section and State Density Bonus Law.
(Ord. 2020-12-01-1502 C.S. § 9; Ord. 2022-07-12-1601-02, § 15)
Based on the size of the increase requested, the City defines three categories of density bonus applications. Affordable housing provided to establish eligibility for a supplemental density bonus shall be calculated on the "base project," not including State Density Bonus units granted pursuant to this chapter and California Government Code Section 65915. The types of density bonuses include:
A. 
State Density Bonus (0% to 50%). The City will allow an eligible housing development a 50 percent density bonus maximum and concessions or incentives as set forth in this chapter and State law.
B. 
Tier-1 Supplemental Density Bonus (50% to 75%). The City will allow an eligible housing development up to a 75 percent maximum density bonus. A request for a Tier-1 density increase shall receive the same concessions or incentives granted in the State Density Bonus; however, must achieve the minimum Tier-1 eligibility point score of 30 points as defined by Section 16.40.050.
C. 
Tier-2 Supplemental Density Bonus (76% to 100%). The City will allow an eligible housing development up to a 100 percent maximum density bonus. A request for a Tier-2 density increase shall receive the same concessions or incentives granted in the State Density Bonus; however, must achieve the minimum Tier-2 eligibility point score of 50 points as defined by Section 16.40.050.
(Ord. 2020-12-01-1502 C.S. § 10; Ord. 2022-07-12-1601-02 C.S. § 16)
A. 
Applicable Concessions or Incentives. Eligible housing developments shall receive a total of three of the following concessions or incentives, waivers or reductions:
1. 
Setback Reduction. A setback reduction of up to 25 percent, but not to be less than 20 percent below the average of developed lots on the same block face.
2. 
Automatic Reductions for Off-Street Parking Requirements.
a. 
Up to 25 percent reduction for all density bonus types (Section 16.40.040).
b. 
Up to 50 percent reduction for housing developments that demonstrate at least 25 percent of total units affordable to very-low/low income households.
c. 
Up to 75 percent reduction for housing developments that demonstrate at least 50 percent of total units affordable to very-low/low income households.
d. 
Up to 100 percent reduction for housing developments that demonstrate at least 75 percent of total units affordable to very-low/low income households.
3. 
Waivers for Lot Coverage and Floor Area Ratio (FAR).
a. 
Up to 5% increase for all density bonus types (Section 16.40.040).
b. 
Up to 10 percent increase for housing developments that demonstrate at least 25 percent of total units affordable to very-low/low income households.
c. 
Up to 15 percent increase for housing developments that demonstrate at least 50 percent of total units affordable to lower income households.
d. 
Up to 20 percent increase for housing developments that demonstrate at least 75 percent of total units affordable to very-low/low income households.
4. 
Increase in allowable lot coverage by up to 25 percent of lot area.
5. 
Building Height. Increase of the larger of up to 12 feet or 10 percent beyond current maximum permitted. Additional height increases may be approved by the Director if the proposed height is shown not to have a negative impact on surrounding land uses.
B. 
Waiver of Standards Preventing the Use of Bonuses and/or Incentives.
1. 
As required by Government Code Section 65915(e), the City will not apply a development standard that will have the effect of physically precluding the construction of a housing development meeting the criteria of Government Code Section 65915(b) at the densities or with the concessions or incentives allowed by Government Code Section 65915.
2. 
An applicant may submit to the City a proposal for the waiver or modification of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum parcel size, side setbacks, and placement of public works improvements.
3. 
The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.
C. 
Eligibility Points. Required for a Tier-1 or Tier-2 supplemental density bonus request, as defined by Section 16.40.040. An applicant can propose any combination of the following incentives to achieve the minimum eligibility points needed for the proposed density bonus type. As indicated in Section 16.40.040, Tier-1 requests require a minimum 30 eligible points while Tier-2 requests require a minimum of 50 eligible points.
1. 
Affordable Housing. One additional point for each additional percent of very low-/low-income units included in the housing development.
2. 
Sustainable Design.
a. 
LEED Certification.
i. 
Certified: 15 pts.
ii. 
Silver: 20 pts.
iii. 
Gold: 25 pts.
iv. 
Platinum: 30 pts.
b. 
CALGreen Tier I Green Building Standards (Title 24 of the California Code of Regulations) or Equivalent. All requests require third-party certification. Maximum incentive points: 20 pts.
c. 
Alternative Energy. 10 percent of total building energy load provided by solar panels or other on-site renewable sources, including co-generation: 15 pts.
3. 
Adaptive Reuse. For housing developments improving or rehabilitating properties or building registered as Federal, State, and/or historic landmarks: 20 pts.
4. 
Priority Areas.
a. 
Housing developments within the Downtown Core: 15 pts.
b. 
Housing developments within a disadvantaged community: 25 pts.
c. 
Housing developments within a qualified opportunity zone as certified by the Secretary of the U.S. Treasury via his or her delegation of authority to the Internal Revenue Service: 25 pts.
(Ord. 2020-12-01-1502 C.S. § 11; Ord. 2022-07-12-1601-02 C.S. § 17)
A. 
Applicability. Developers are entitled to accept a lesser percentage of density bonus, including, but not limited to, no increase in density than they are otherwise eligible to receive pursuant to this chapter and California Government Code Section 65915. The amount of density increase, if any, that is accepted by the applicant shall not reduce or otherwise impact eligibility for requested concessions and incentives, waivers or reductions associated with an eligible project.
B. 
Application Review. Density bonus applications are ministerial and shall be subject to State law requirements and the standards of this Development Code.
C. 
Concurrent Processing. A request for a density bonus will be reviewed by Department staff, and current with other requested entitlements, if applicable. Once deemed complete, the density bonus application shall be processed ministerially and determinations made concurrent with the planning entitlement(s) for the housing development. This does not include discretionary actions (i.e., development agreements, variance, use permits) subject to the approval of the Planning Commission or City Council.
D. 
Priority Processing. A housing development including at least 20 percent of total units affordable to lower income households, with the affordability maintained through an agreement with a governmental agency, shall be entitled to priority processing. Priority processing shall mean a timeline for review of the housing development and all associated applications as mutually agreed to by the City and the developer.
E. 
Application Submittal Requirements. A request in accordance with this chapter shall include the following information:
1. 
Completed universal planning application form indicating a density bonus is requested. This includes all site plan and architectural review items needed to demonstrate compliance with the City's Development Code and Citywide design standards.
2. 
A title report not less than 60 days old.
3. 
A project description indicating:
a. 
The location, acreage, zoning and General Plan land use designations, permitted residential density, number of units requested, and the types of density bonus requested pursuant to Section 16.40.040.
b. 
Include a table indicating the following:
i. 
Number of market rate units;
ii. 
Number of affordable housing units and their targeted income level;
iii. 
Means to ensures affordability (i.e., deed restriction, income verified);
iv. 
Other provisions (e.g., land donation), which will demonstrate eligibility for a State Density Bonus under this chapter.
c. 
A section identifying the type of concessions or incentives, or waivers or reductions, that will result in identifiable and actual cost reductions to provide for affordable housing costs. The information should be sufficiently detailed and include a cost evaluation ("pro-forma") showing before and after costs to enable Department staff to examine the conclusions reached by the applicant. This requirement at the time of application does not prevent the developer from substituting a different concession or incentive, or waiver or reduction, from what is initially proposed at a later phase in the application.
d. 
A density bonus agreement in accordance with Section 16.40.070.
F. 
Review Authority. The Director is the review authority for density bonus applications. The decision of the Director is subject to appeal in compliance with Chapter 16.100 (Appeals).
(Ord. 2020-12-01-1502 C.S. § 12)
A. 
A density bonus housing agreement must be executed prior to recording any final map for the underlying property or prior to occupancy for the housing development, whichever comes first.
B. 
The density bonus housing agreement shall:
1. 
Identify the type, size and location of each affordable housing unit required hereunder;
2. 
Identify the term of the agreement, which would define the term of affordability of the required units;
3. 
Require that the affordable housing units be constructed and completed by the applicant as specified in this chapter and in accordance with State law;
4. 
Require that each affordable housing unit be kept available only to members of the identified income group at the maximum affordable rent during the term of the agreement;
5. 
Identify the means by which continued availability shall be secured and enforced and the procedures under which the affordable housing units shall be leased and contain such other terms and provisions the City may require. The agreement shall be in a form able to be recorded with the San Joaquin County Recorder;
6. 
Include a schedule for completion and occupancy of target units;
7. 
Include any other provisions appropriate to ensure implementation and compliance with this chapter;
8. 
Be binding on all future owners and successors of interests of the housing development; and
9. 
Be reviewed and approved by the Director at the recommendations of the Economic Development Director or the City Attorney, and the affordability of the required units shall be monitored for compliance by the Economic Development Department, Housing Authority, or applicable public funding source.
C. 
Required Terms for the Continued Availability of Affordable Housing Units.
1. 
Low- and Very Low-, and Extremely Low-Income Households. An applicant for a housing development providing low and very low-income units in accordance with this chapter must continue to restrict those units to low or very low-income households for a minimum of 55 years or longer term under another regulatory agreement from the date of initial occupancy.
2. 
Moderate-Income Households. In the case of a housing development providing moderate income units, the initial occupant of the unit must be a person or family of moderate income.
3. 
In the case of for-sale housing developments, the density bonus housing agreement shall provide the terms for future sales and recapture of any equity to ensure continued affordability for the requisite period of time, as described in Government Code 65915, et seq.
(Ord. 2020-12-01-1502 C.S. § 13)
A. 
Judicial Relief. As provided by Government Code Section 65915(d)(3), the applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus and/or incentive.
B. 
City Exemption. Except upon a written finding, based upon substantial evidence, nothing in this chapter shall be interpreted to require the City to:
1. 
Grant a density bonus or incentive or waive or modify development standards, if the bonus, incentive, waiver, or modification, would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or
2. 
Grant a density bonus, incentive, or waive or modify development standards, which would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
(Ord. 2020-12-01-1502 C.S. § 15)