This chapter is intended to provide incentives for the development of affordable housing. Specifically, this chapter will outline the incentives and concessions aimed at encouraging the production of housing for very low, low income, and senior households; and for the production of for-sale housing for moderate-income households, pursuant to Government Code Sections 65915-65918.
This chapter shall apply to all zones where residential developments of three or more dwelling units are proposed and where the applicant proposes density beyond that permitted by the applicable zone.
The Development Services Director or designee shall take action on a Density Bonus pursuant to Part 5 (Administration, Permits, and Approvals) of the Zoning Ordinance, except for senior housing projects in zones where an Administrative Use Permit or Conditional Use Permit requires a higher review authority.
In order to qualify for a density bonus, an applicant for a housing development shall construct at least one of the following options below.
A.
At least 5 percent of the total units of a housing development for very low-income households, as defined in Section 50105 of the California Health and Safety Code.
B.
At least 10 percent of the total units of a housing development for low-income households, as defined in Section 50079.5 of the California Health and Safety Code.
A.
In calculating the number of density bonus units to be granted, the applicant shall elect whether the bonus shall be awarded on the basis of Subsection A, B, C, or D of Section 17.17.040 (Calculation of Density Bonus). For the purposes of this section, "total units" does not include units added by a density bonus awarded.
1.
Housing developments with very low income units equaling 5 percent of the total residential units shall be permitted a 20 percent density bonus plus a 2.5 percent increase in density bonus for each 1 percent increase in the percentage of very low income units above 5 percent, up to a maximum of 35 percent, as shown in Table 17.17-1 (Density Bonus for the Provision of Very Low Income Units).
TABLE 17.17-1 DENSITY BONUS FOR THE PROVISION OF VERY LOW INCOME UNITS | |
|---|---|
Percentage 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.
Housing developments with low income units equaling 10 percent of the total residential units shall be permitted a 20 percent density bonus plus a 1.5 percent increase in density bonus for each 1 percent increase in the percentage of low income units above 10 percent, up to a maximum of 35 percent, as shown in Table 17.17-2 (Density Bonus for the Provision of Low Income Units).
3.
For housing developments meeting the criteria of Section 17.17.040(C) for the provision of senior housing or age-restricted mobile home parks, the density bonus shall be 20 percent of the number of senior housing units provided. Density bonus for senior housing units provided shall be in addition to any bonus for low-income units, up to a maximum of 35 percent.
TABLE 17.17-2 DENSITY BONUS FOR THE PROVISION OF LOW INCOME UNITS | |
|---|---|
Percentage 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 |
4.
Housing developments with moderate income units equaling 10 percent of the total residential units shall be permitted a 5 percent density bonus plus a 1 percent increase in density bonus for each 1 percent increase in the percentage of moderate income units above 10 percent, up to a maximum of 35 percent, as shown in Table 17.17-3 (Density Bonus for the Provision of Moderate Income Units).
TABLE 17.17-3 DENSITY BONUS FOR THE PROVISION OF MODERATE INCOME UNITS | |
|---|---|
Percentage 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 |
B.
All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
C.
The applicant may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required affordable units.
D.
The applicant is not entitled to a density bonus of more than 35 percent. However, the City may grant a density bonus greater than 35 percent if the applicant satisfies additional requirements set down in this chapter as determined by the Development Services Director.
E.
The proposed affordable dwelling units shall be reasonably dispersed throughout the project to the satisfaction of the Development Services Director and shall be of comparable size and similar exterior.
A.
Affordable units offered for rent to very low income and low-income households shall be made available for rent at an affordable rent and shall remain restricted and affordable to the designated income group for a minimum period of 30 years. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the housing development. The units shall remain affordable as follows:
1.
Those units targeted for very-low income households shall be affordable at a rent that does not exceed 30 percent of 50 percent of area median income.
2.
Those units targeted for low-income households shall be affordable at a rent that does not exceed 30 percent of 60 percent of area median income.
B.
The applicant shall agree to and the City shall ensure that the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the condominium project or planned unit development are persons and families of moderate income. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used within three years for any of the purposes that promote homeownership. The City's proportionate share of appreciation shall be equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of initial sale.
When an applicant seeks a density bonus for the provision of affordable housing pursuant to this chapter, the City shall provide the applicant with incentives or concessions for the production of housing units and child care facilities, as prescribed in this section.
A.
An applicant for a density bonus may submit to the City a proposal for the incentives and/or concessions based on the amount and level of affordable units shown in Table 17.17-4 (Maximum Permitted Incentives/Concessions), and the findings listed in Subsection C (Findings).
TABLE 17.17-4 MAXIMUM PERMITTED INCENTIVES/CONCESSIONS | |||
|---|---|---|---|
Target Group | Restricted Affordable Units | ||
Very Low Income | 5% | 10% | 15% |
Low Income | 10% | 20% | 30% |
Moderate Income | 10% | 20% | 30% |
Maximum Incentive(s)/Concession(s) | 1 | 2 | 3 |
B.
Types of Concessions or Incentives. For the purposes of this chapter, a concession or incentive means any of the following:
1.
A reduction in site development standards or a modification of zoning code requirements or architectural design requirements required by this Zoning Ordinance, including a reduction in setbacks, density/intensity requirements, and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.
2.
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 the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
3.
Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions.
C.
Findings. The Development Services Director shall grant the requested incentives or concessions, unless he or she makes a written finding, based upon substantial evidence, of either of the following:
1.
The incentive or concession is not required in order to provide for affordable housing costs or to provide affordable rents.
2.
The incentive or concession would have a "specific adverse impact 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. As used herein, "specific adverse impact upon public health or safety" means a significant, quantifiable, direct, and unavoidable impact, based on conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or the land use designation in the General Plan shall not constitute a specific, adverse impact upon public health or safety.
3.
The concession or incentive would be contrary to state or federal law.
D.
Waivers or Modifications of Development Standards.
1.
An applicant may seek a waiver or modification of development standards in addition to the incentives or concessions requested. The applicant shall show that:
a.
The development standards that are requested to be waived or modified will have the effect of physically precluding the construction of a housing development meeting the criteria of this chapter at the densities or with the concessions or incentives permitted by this section.
b.
The requested waivers or modification are necessary to make the housing development economically feasible.
2.
A request for a waiver or reduction shall be part of the density bonus application pursuant to Section 17.17.110 (Density Bonus Permit Procedures) and shall not require a separate variance or minor modification permit.
3.
A proposal for a waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled.
A.
Density bonus housing developments shall be granted the following maximum parking requirement shown in Table 17.17-5 (Parking Requirement for Density Bonus Housing Developments), inclusive of handicapped and guest parking, upon applicant's request, unless the Development Services Director makes any of the findings listed above in Section 17.17.070(C). The parking concessions shall apply to the entire development, not just the restricted affordable units. Additional parking concessions may also be requested as part of a community benefit project at the discretion of the Development Services Director, including a donation of land, consolidation of parcels, child care facility, or mixed-use development, as described in each respective section found in this chapter and in Chapter 17.18 (Community Benefit Program).
TABLE 17.17-5 PARKING REQUIREMENT FOR DENSITY BONUS HOUSING DEVELOPMENTS | |
|---|---|
Number of Bedrooms per Unit | Minimum Number of Parking Spaces per Unit |
0 to 1 bedroom | 1 on-site parking space |
2 to 3 bedrooms | 2 on-site parking spaces |
4 and more bedrooms | 2.5 on-site parking spaces |
A.
When an applicant of a housing development of three or more dwelling units donates land to the City as provided for in this section, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density or non-residential floor area permitted for the entire development in the applicable zone.
B.
A minimum of 10 percent of land shall be donated. For each 1 percent increase above the minimum of 10 percent land donation, the density bonus shall be increased 1 percent, up to a maximum of 35 percent and subject to the findings listed in Subsection C below. This increase shall be in addition to any increase in density allowed by Section 17.17.040 (Calculation of Density Bonus), up to a maximum combined increase of 35 percent, if an applicant seeks both the increase required by this section and Section 17.17.040 (Calculation of Density Bonus).
C.
A housing development shall be eligible for the density bonus described in this section if the Development Services Director finds all of the following conditions are met:
1.
The applicant will donate and transfer the land no later than the date of approval of the final tract map, parcel map, or other development application for the housing development.
2.
The developable acreage and zoning classification of the land being transferred are 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 is at least 1.0 acre in size or of sufficient size to permit development of at least 30 units, has the appropriate general plan designation, is appropriately zoned to make the development of very low income units feasible, and will, at the time of transfer or at the time of construction, be served by adequate public facilities and infrastructure at no cost to the City.
4.
No later than the date of approval of the final tract map, parcel map, or the development application for the housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land.
5.
The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with this chapter, and the restriction shall be recorded on the property at the time of dedication.
6.
The land shall be transferred to the City or to a developer approved by the City.
7.
The transferred land shall be within the boundary of the proposed development or, if the Development Services Director agrees, within a quarter mile of the boundary of the proposed development.
8.
A proposed source of funding for the very low income units shall be identified not later than the date of approval for the final tract map, parcel map, or residential development application.
A.
When an applicant proposes to construct a housing development that includes affordable units and includes a child care facility that will be located on the premises of, as part of, or adjacent to the project, the Development Services Director shall grant either of the following if requested by the applicant:
1.
An additional density bonus that is an amount of square feet or residential space that is equal to or greater than the amount of the square feet in the child care facility; or
2.
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
B.
The Development Services Director shall also require as a condition of approving the housing development the following:
1.
The child care facility shall remain in operation 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 pursuant to Section 17.17.060 (Affordability Requirements).
2.
Of the children who attend the child care facility, the 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 required to be affordable to very low income households, low income households, or moderate-income households.
C.
Notwithstanding any requirement of this section, the Development Services Director 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 has adequate child care facilities.
D.
Additional parking concessions may also be requested as described in Section 17.17.080 (Parking Concessions).
E.
"Child care facility," as used in this section, means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers.
A.
Purpose. A density bonus permit is a ministerial action that allows the City to grant density bonuses, or other incentives or concessions, in exchange for affordable housing, donation of land, and the provision of child care facilities as described in this chapter.
B.
Applicability. A density bonus permit shall be required for all projects requesting a density bonus or incentive or concession beyond that permitted by the zoning district in which the subject property is located.
C.
Review Authority. The Development Services Director or designee shall take action on all administrative determination applications.
D.
Application Submittal, Review, and Action. An application for a density bonus shall be filed and reviewed in compliance with Chapter 17.43 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Development Services Department handout for density bonus, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F (Findings). The application shall include at least the following information:
1.
Site plan showing total number of units (including density bonus units) and number and location of affordable units.
2.
Level of affordability of affordable units and proposals for ensuring affordability.
3.
Description of any requested incentives, concessions, waivers, or modifications of development standards, or modified parking standards. For all incentives and concessions, the application shall include evidence that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. For waivers or modifications of development standards, the application shall show that the waiver or modification is necessary to make the development with the affordable units economically feasible and that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of Code at the densities or with the concessions or incentives permitted by Code.
4.
If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings as specified in the ordinance can be made.
5.
If a density bonus or concession is requested for a child care facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the requirements of the ordinance have been met.
E.
Public Notice and Hearing. No public notice or hearing is required for a density bonus.
F.
Findings. The Development Services Director or designee may approve an application for a density bonus only if the proposed project complies with the provisions and findings of this chapter and other applicable regulations in the Zoning Ordinance, other City ordinances, the General Plan, and any other applicable community or specific plans, and as supported by all of the following findings:
1.
The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property.
2.
The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities.
3.
The proposed use will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of the proposed use.
G.
Conditions of Approval. The review authority may attach conditions to the approval of a density bonus permit as needed to ensure compliance with the Zoning Ordinance, other City ordinances, the General Plan, and any other applicable community or specific plan.
H.
Density Bonus Agreement.
1.
The approval of a density bonus permit, including any density bonus, incentive or concession, waiver or modification of development standards, or parking concession, shall be subject to the execution by the applicant of a density bonus housing agreement approved by the Development Services Director and the City Attorney.
2.
The density bonus housing agreement shall restrict the rental or sale of the required percentage of dwelling units in the housing development to persons or families of very low, low, or moderate income households, as applicable, for affordable housing developments, or to senior citizens for senior citizen housing developments. The density bonus agreement shall be consistent with the following provisions:
a.
Applicants requesting a density bonus shall agree to enter into a density bonus agreement with the City approved by the Director of Development Services and the City Attorney and shall be recorded as a restriction on any parcels on which the density bonus units will be constructed.
b.
The density bonus agreement shall be recorded prior to final or parcel map approval, or prior to the issuance of a building permit for any structure in the housing development. The density bonus agreement shall run with the land and bind all future owners.
Very Low Income Households | ||
|---|---|---|
Percent Affordable | Amount of Density Bonus (Percentage) | Number of Incentives |
5 | 20 | 1 |
6 | 22.5 | 1 |
7 | 25 | 1 |
8 | 27.5 | 1 |
9 | 30 | 1 |
10 | 32.5 | 2 |
11 | 35 | 2 |
12 | 35 | 2 |
13 | 35 | 2 |
14 | 35 | 2 |
15 | 35 | 3 |
Low Income Households | ||
|---|---|---|
Percent Affordable | Amount of Density Bonus (Percentage) | Number of Incentives |
10 | 20 | 1 |
11 | 21.5 | 1 |
12 | 23 | 1 |
13 | 24.5 | 1 |
14 | 26 | 1 |
15 | 27.5 | 1 |
16 | 29 | 1 |
17 | 30.5 | 1 |
18 | 32 | 1 |
19 | 33.5 | 1 |
20 | 35 | 2 |
21 | 35 | 2 |
22 | 35 | 2 |
23 | 35 | 2 |
24 | 35 | 2 |
25 | 35 | 2 |
26 | 35 | 2 |
27 | 35 | 2 |
28 | 35 | 2 |
29 | 35 | 2 |
30 | 35 | 3 |
Moderate Income | ||
|---|---|---|
Percent Affordable | Amount of Density Bonus (Percentage) | Number of Incentives |
10 | 5 | 1 |
11 | 6 | 1 |
12 | 7 | 1 |
13 | 8 | 1 |
Senior Housing | ||
|---|---|---|
Percent Affordable | Amount of Density Bonus (Percentage) | Number of Incentives |
100 | 20 | 0 |