This chapter establishes procedures to implement the State of California Density Bonus Law as set forth in Government Code Section 65915. The incentives in this chapter are used by the City as a means of meeting its commitment to encouraging the provisions of affordable housing to all economic groups living within the City.
(Ord. 2011-968 § 15; Ord. 2019-1056 § 3)
The provisions of this chapter apply only to multi-family residential and mixed-use development projects consisting of five or more dwelling units not including units granted as a density bonus.
(Ord. 2011-968 § 15; Ord. 2019-1056 § 3)
The following terms used in this chapter are defined in Chapter 18.04 (Definitions) under the term "Affordable Housing Definitions."
(Ord. 2011-968 § 15; Ord. 2019-1056 § 3)
A. 
Density Bonus Requirement. A request for a density bonus shall not require any discretionary approval by the City. A request for a density bonus pursuant to this chapter shall only be granted if the applicant seeks and agrees to construct one of the following:
1. 
At least five percent of the units are dedicated to very low-income households; or
2. 
At least 10 percent of the units are dedicated to low-income and/or very low income households; or
3. 
At least 10 percent of the units are dedicated to moderate-income households, are located in a common interest development, and are available to the general public for sale; or
4. 
At least 35 dwelling units are available exclusively to persons aged 55 and older and to those residing with them.
B. 
Density Bonus of Up to 35 Percent. In calculating the number of units required for very low, low, and moderate-income households, the density bonus units shall not be included. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer.
1. 
The density bonus for very low-income units shall be calculated as follows:
Table 18.19-1
INCREASE IN ALLOWABLE DENSITY FOR VERY LOW-INCOME UNITS
Percentage of Very Low-Income Units
Percentage Density Bonus
5
20
6
22.5
7
25
8
27.5
9
30
10
32.5
11
35
2. 
The density bonus for low-income units shall be calculated as follows:
Table 18.19-2
INCREASE IN ALLOWABLE DENSITY FOR LOW-INCOME UNITS
Percentage of Low-Income Units
Percentage Density Bonus
10
20
11
21.5
12
23
13
24.5
14
26
15
27.5
16
29
17
30.5
18
32
19
33.5
20
35
3. 
The density bonus for moderate-income ownership units shall be calculated as follows:
Table 18.19-3
INCREASE IN ALLOWABLE DENSITY FOR MODERATE-INCOME UNITS
Percentage of Moderate-Income Units
Percentage Density Bonus
10
5
11
6
12
7
13
8
14
9
15
10
16
11
17
12
18
13
19
14
20
15
21
16
22
17
23
18
24
19
25
20
26
21
27
22
28
23
29
24
30
25
31
26
32
27
33
28
34
29
35
30
36
31
37
32
38
33
39
34
40
35
4. 
The density bonus for a minimum 35 unit project for persons aged 55 and older, and those residing with them, shall be 20 percent. No density bonus is provided for additional units beyond the 35 unit minimum.
C. 
The bonuses that are available under this section shall not be combined.
D. 
Regardless of the number of affordable units, the maximum density bonus for any housing development is 35 percent. The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the required affordable units pursuant to subsection B.
E. 
In accordance with State law, neither granting the concession or incentive nor the granting of a density bonus shall be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval.
F. 
If the Community Development Director makes any of the findings set forth in Government Code Section 65915(d)(1), the written findings shall be provided to the developer, who may within 20 days of the postmarked findings, appeal the decision to the City Council by providing a written request to the Director.
(Ord. 2011-968 § 15; Ord. 2019-1056 § 3)
A. 
An applicant who utilizes the density bonus provisions of this chapter may request one or more of the following concessions or other incentives as follows:
1. 
One concession or other incentive for projects that include at least five percent of the units for very low-income households, 10 percent of the units for low-income households, or 10 percent of the units for moderate-income households in a common interest development when the units are available for sale to the public.
2. 
Two concessions or other incentives for projects that include at least 10 percent of the units for very low-income households, 20 percent of the units for low-income households, or 20 percent of the units for moderate-income households in a common interest development when the units are available for sale to the public.
3. 
Three concessions or other incentives for projects that include at least 15 percent of the units for very low-income households, 30 percent of the units for low income households, or 30 percent of the units for moderate-income households in a common interest development when units are available for sale to the public.
B. 
Development Standards Modified as Incentive or Concession. Incentives or concessions that may be requested pursuant to subsection A of this section and 18.19.050 may include a reduction of site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, including, but not limited to:
1. 
Reduced minimum lot sizes and/or dimensions.
2. 
Reduced minimum lot setbacks.
3. 
Reduced minimum outdoor and/or private outdoor living area.
4. 
Increased maximum lot coverage.
5. 
Increased building height and/or stories.
6. 
Reduced minimum building separation requirements.
7. 
Reduced street standards, such as reduced minimum street widths.
8. 
Reduced required landscaping.
9. 
Reduced minimum site amenities.
10. 
Reduced design features and materials.
C. 
Findings. A concession or other incentive shall be approved upon making the following findings.
1. 
The concession or incentive is required in order for the designated units to be affordable.
2. 
The concession or incentive would not have a specific adverse impact on public health, public safety, or the physical environment 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. A specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
D. 
Additional Development Incentives. In addition to the relaxed development standards set forth in subsections A and B of this section, the City may offer other development incentives should the developer meet the eligibility requirements. The following are examples of further incentives potentially available to density bonus applicants.
1. 
Fast track processing of development plans.
2. 
Waiver of City fees, including, but not limited to, City-imposed development submittal and processing fees.
3. 
Deferred development impact fees.
4. 
Approval of mixed use zoning in conjunction with the housing development if non-residential land uses will reduce the cost of the housing development and if the City finds that the proposed non-residential uses are compatible with the housing development and with existing or planned development in the area where the proposed housing development would be located.
5. 
Reductions in parking for housing developments near transit (within 1,500 feet).
6. 
Reductions in parking for projects housing seniors and/or disabled persons to allow for a parking ratio of 0.5 parking spaces/unit.
7. 
Combination of the above incentives, other regulatory incentives, or concessions proposed by the developer or the City which would result in identifiable, financially sufficient, and actual cost reductions.
(Ord. 2011-968 § 15; Ord. 2019-1056 § 3)
A. 
Waiver or reduction of development standards. If compliance with a development standard would physically preclude or make financially infeasible construction of a residential or mixed-use project utilizing a density bonus, or a concession or incentive, in compliance with this chapter, the applicant may submit a proposal for waiver or reduction of the development standard.
B. 
Findings. A waiver or reduction of development standards shall be approved upon making the following findings:
1. 
The waiver or reduction in a development standard is required for construction of the development project at the density to which the project is entitled and with all concessions or other incentives approved for the project; and
2. 
The waiver or reduction in development standard would not have a specific adverse impact on public health, public safety, or the physical environment 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. A specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
3. 
The waiver or reduction in development standard is necessary because application of the development standard would physically preclude construction of a project utilizing a density bonus, concession or incentive.
(Ord. 2011-968 § 15; Ord. 2019-1056 § 3)
A. 
Bonus for Donation of Land. An applicant for a tentative subdivision map, parcel map, or other residential development who donates land to the City shall be entitled to a bonus in residential density for the entire development above the density allowable under the applicable zoning ordinance and the Land Use Element of the General Plan.
B. 
Requirements for Bonus. A bonus for the donation of land shall meet the following requirements:
1. 
The applicant shall donate and transfer the land no later than the date of approval of the final tract or parcel map, or application for the construction of residential units.
2. 
The development acreage and zoning classification of the land being transferred shall be sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development.
3. 
The transferred land shall be at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned for development as affordable housing, would not result in an overconcentration of affordable dwelling units for a particular area, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all the permits and approval, other than building permits, necessary for development of the very low income housing units on the transferred land.
4. 
The land shall be transferred to the City of Yorba Linda, Yorba Linda Redevelopment Agency, or to a housing developer approved by the City of Yorba Linda or Yorba Linda Redevelopment Agency.
5. 
The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units constructed consistent with this chapter, which restriction will be recorded on the property at the time of dedication.
6. 
A bonus shall not be granted unless a source of funding for the very low income units has been committed not later than the date of approval of the final parcel or tract map, or application for the construction of residential units.
7. 
Denial of requested land donations can be appealed in accordance with Section 18.19.040(F).
C. 
Density Bonus of Up to 35 Percent. The density bonus for donation of land for very low income units shall be calculated as follows:
Table 18.19-4
INCREASE IN ALLOWABLE DENSITY FOR DONATION OF LAND FOR VERY LOW-INCOME UNITS
Percentage of Very Low-Income Units
Percentage Density Bonus
10
15
11
16
12
17
13
18
14
19
15
20
16
21
17
22
18
23
19
24
20
25
21
26
22
27
23
28
24
29
25
30
26
31
27
32
28
33
29
34
30
35
D. 
When calculating density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer.
E. 
Bonuses May Be Combined. A bonus for the donation of land may be combined with a bonus granted under Section 18.19.040. However, the maximum density bonus for any housing development shall not exceed 35 percent.
(Ord. 2011-968 § 15; Ord. 2019-1056 § 3)
A. 
When a developer proposes to construct a housing development that includes affordable units as specified in Section 18.19.040 and includes a child care facility that will be located on the premises of, as part of, or adjacent to the housing development, the City shall grant either of the following requested by the developer:
1. 
An additional density bonus that is an amount equal to the square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.
2. 
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
B. 
A housing development shall be eligible for the density bonus or concession described in this section if the City makes all of the following findings:
1. 
The density bonus or concession would contribute significantly to the economic feasibility of the construction of the child care facility.
2. 
The density bonus or concession would not have a significant adverse impact on public heath, public safety, or the physical environment 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. A specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
3. 
The child care facility shall remain in operation for a period of time that equal to or longer than the period of time during which the designated dwelling units are required to remain affordable pursuant to Section 18.19.110.
4. 
Of the children who attend the child care facility, the percentage of children of very low income households, low income households, or moderate income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low income households, low income households, or moderate income households.
5. 
Notwithstanding any requirement of this section, the City shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.
6. 
A floor area bonus for the provision of a child care facility may be combined with a bonus granted under Section 18.19.040. However, the maximum density bonus for any housing development shall not exceed 35 percent.
(Ord. 2011-968 § 15; Ord. 2019-1056 § 3)
A. 
Pursuant to State law, an applicant may request the following alternative parking requirements for a housing development that is eligible for a density bonus.
Table 18.19-5
ALTERNATIVE PARKING STANDARDS
Number of Bedrooms
On-Site Parking Spaces
0 - 1
1
2 - 3
2
4 or more
2.5
B. 
These alternative parking standards include guest and handicapped parking. A development may provide on-site parking through tandem parking (to the extent where there are two spaces per unit) or uncovered parking on the project site. A minimum of one covered space per unit shall be required with the exception of studio and/or one-bedroom units. Tandem spaces shall not exceed 25 percent of required spaces.
C. 
If the total number of parking spaces required for the development is other than a whole number, the number shall be rounded up to the next whole number.
(Ord. 2011-968 § 15; Ord. 2019-1056 § 3)
A. 
Pre-Application Procedure. Prior to submitting an application for an affordable housing development or a senior housing development, the applicant or prospective developer should hold preliminary consultations with the Community Development Department and other City staff to obtain information and guidance before entering into binding commitments incurring substantial expense in the preparation of plans, surveys and other data. Such preliminary consultations should be relative to Federal, State, and local program requirements in guaranteeing the project's consistency with the objective of this ordinance. Additionally, during the pre-application process, the developer should be prepared to discuss any requests for incentives, concessions, and/or a density bonus along with the financial feasibility of the impact of the requests.
B. 
An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this chapter shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications required for the housing development. The application shall be submitted in a form provided by the Community Development Director and shall include all information required as provided in this chapter.
C. 
An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this chapter shall be considered by and acted upon the approval body with authority to approve the housing development. Any decision regarding a density bonus, incentive or concession, waiver, modification, or revised parking standard may be appealed to the Planning Commission and from the Planning Commission to the City Council.
D. 
Before approving an application for a density bonus, incentive or concession, or other waiver, or reduction, the approval body, whether Community Development Director, Planning Commission, or City Council, shall make the following findings:
1. 
If the density bonus is based all or in part on donation of land, the findings included in Section 18.19.070.
2. 
If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care facility, the findings included in Section 18.19.080.
3. 
If a waiver or reduction is requested, the developer has shown that the waiver or modification is necessary to make the housing development with affordable units economically feasible.
E. 
If a request for an incentive or concession is otherwise consistent with this section, the approval body may deny a concession or incentive if it makes a written finding, based upon substantial evidence, of either of the following.
1. 
The concession or incentive is not required to provide for affordable rents or ownership costs.
2. 
The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and 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. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.
F. 
If a request for a waiver or modification other than required incentives or concessions is otherwise consistent with this section, the approval body may deny a waiver or modification if it makes a written finding, based upon substantial evidence, of one of the following.
1. 
The waiver or modification would have a specific adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderateincome households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.
2. 
The additional waiver(s) or modification(s) would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
3. 
The additional waiver(s) or modification(s) do not preclude the use of the density bonus or granted incentives or concessions.
G. 
If a density bonus or incentive or concession is based on the provision of child care facilities, the approval body may deny the bonus or concession if it finds, based on substantial evidence, that the City already has adequate child care facilities.
(Ord. 2011-968 § 15; Ord. 2019-1056 § 3)
A. 
Terms of Affordability. Affordable housing units developed under this chapter shall remain available to persons and families of very low, low, and moderate income, at an affordable housing cost or affordable rental cost, as those income and affordability levels are defined in Chapter 18.04, for a minimum of 55 years for rental housing and 45 years for ownership housing. The period of affordability required hereunder shall run concurrently with any period of affordability required by any other agency; provided, however, that the affordability period shall not be less than as set forth in this section. The project developer shall be required to enter into an affordable housing agreement with the City to ensure affordability is maintained for the required period.
B. 
Affordable Housing Agreement. Developers requesting a density bonus shall enter into an affordable housing agreement with the City. An affordable housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this chapter and shall be recorded as a restriction on any parcels on which the affordable units or density bonus units will be constructed.
1. 
The affordable housing agreement shall include, but not be limited to, the following:
a. 
The total number of units approved for the housing development, the number, location, and level of affordability of affordable units, and the number of density bonus units.
b. 
Standards for determining affordable rent or affordable ownership cost for the affordable units.
c. 
Any requested financial participation on behalf of the Redevelopment Agency, with regards to loans, grants, deferred payments, land acquisitions, dispositions or transfers.
d. 
The location, unit size in square feet, and number of bedrooms of affordable units.
e. 
Provisions to ensure affordability in accordance with Section 18.19.110 of this chapter.
f. 
A schedule for completion and occupancy of affordable units.
g. 
A description of any incentives, concessions, waivers, or reductions being provided by the City.
h. 
A description of remedies for breach of the agreement by either party. The City may identify tenants or qualified purchaser as third party beneficiaries under the agreement.
i. 
Procedures for qualifying tenants and prospective purchasers of affordable units.
j. 
Other provisions to ensure implementation and compliance with this chapter.
2. 
In the case of for-sale housing developments, the affordable housing agreement shall require the purchaser of each affordable unit to execute an affordable housing agreement, inclusive of promissory note and deed of trust approved by the City and to be recorded against the parcel including such provisions as the City may require to ensure continued compliance with this chapter.
3. 
In the case of rental housing developments, the affordable housing agreement shall provide for the following:
a. 
Procedures for establishing affordable rent, filling vacancies, and maintaining affordable units for eligible tenants;
b. 
Provisions requiring verification of household incomes;
c. 
Provisions requiring maintenance of records to demonstrate compliance with this subsection.
4. 
Affordable housing agreements for land dedication and child care facilities shall ensure continued compliance with all conditions included in Section 18.19.070 and Section 18.19.080, respectively.
5. 
The City Manager/Executive Director is authorized to execute agreements upon approval from the City Council/Agency Board, if necessary, referenced in this section which shall be prepared by the City Attorney.
(Ord. 2011-968 § 15; Ord. 2019-1056 § 3; Ord. 2024-1110, 7/16/2024)