The purpose of this article is to establish procedures to implement the Density Bonus Law, as set forth in Government Code Section 65915, et seq., which is intended to provide incentives or concessions for the production of housing for very low, low, and moderate income and senior households, when the requirements set forth by this article are met.
(§ 2, Ord. 846-NS, eff. January 21, 2010)
A. 
The City shall grant a density bonus and concessions or incentives listed in Section 9-3.2204, or provide other concessions or equivalent financial incentives, when an applicant for a housing development proposes and agrees to construct any one of the following:
1. 
Ten percent of the total dwelling units reserved for lower income households (80% of median family income); or
2. 
Five percent of the total dwelling units reserved for very low income households (50% of median family income); or
3. 
A senior citizen housing development; or
4. 
Ten percent of the total dwelling units in a condominium project or planned unit development reserved for moderate income households (120% of median family income), provided that all units in the development are offered to the public for purchase.
B. 
The amount of the density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable dwelling units meets the percentages listed above, and as specified in Section 9-3.2203. For purposes of calculating the amount of the density bonus, the applicant requesting a density bonus shall elect whether the density bonus shall be granted on the basis of Subsections 1, 2, 3, or 4 of Section 9-3.2202(A).
C. 
An applicant shall agree to, and the City shall ensure, continued affordability of all low and very low-income units that qualified the applicant for the density bonus for a period of 30 years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program). Rents for the lower and very-low income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code. Owner-occupied units shall be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code.
(§ 2, Ord. 846-NS, eff. January 21, 2010)
A. 
The density bonus provided by this section shall apply to housing developments consisting of five or more dwelling units.
B. 
A density bonus for a housing development means a density increase over the maximum residential density allowed under this Code and the Land Use Element of the General Plan and listed below. The applicant may elect to accept a lesser percentage of density bonus than the project is entitled to, but no reduction will be permitted in the number of required affordable units. Regardless of the number of affordable units, no housing development may be entitled to a density bonus of more than 35%. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 9-3.2202(A).
Land Use Designation/Overlay
Corresponding Zone/Overlay
Maximum Density Before Density Bonus Applied
Low-Density Residential
R-L (Low-Density Residential)
8.712 dwelling units/acre
Medium-Density Residential
R-M (Medium-Density Residential)
17.424 dwelling units/acre
High-Density Residential
R-H (High-Density Residential)
20.0 dwelling units/acre
Neighborhood Commercial
C-N (Commercial Neighborhood)
20.0 dwelling units/acre
Downtown Specific Plan
DTSP (Downtown Specific Plan)
70.0 dwelling units/acre
Affordable Housing Overlay
Affordable Housing Overlay
70.0 dwelling units/acre (family hsg)
225.0 dwelling units/acre (senior hsg)
400.0 dwelling units/acre (SRO hsg)
Medium-Density Overlay
Medium-Density Overlay
17.424 dwelling units/acre
Senior Citizen Housing Overlay
Senior Citizen Housing Overlay
225.0 dwelling units/acre (senior hsg)
400.0 dwelling units/acre (SRO hsg)
Single Room Occupancy Overlay
Single Room Occupancy Overlay
400.0 dwelling units/acre
*
Multi-family units are not permitted in the R-L zone
C. 
For housing developments meeting the criteria of Section 9-3.2202(A)(1), the density bonus shall be calculated as follows:
Percentage of Lower Income Units
Percentage of Density Bonus
10
20.0
11
21.5
12
23.0
13
24.5
14
26.0
15
27.5
16
29.0
17
30.5
18
32.0
19
33.5
20
35.0
D. 
For housing developments meeting the criteria of Section 9-3.2202(A)(2), the density bonus shall be calculated as follows:
Percentage of Very Low Income Units
Percentage of Density Bonus
5
20.0
6
22.5
7
25.0
8
27.5
9
30.0
10
32.5
11
35.0
E. 
For housing developments meeting the criteria of Section 9-3.2202(A)(3), the density bonus shall be 20%.
F. 
For housing developments meeting the criteria of Section 9-3.2202(A)(4), the density bonus shall be calculated as follows:
Percentage of Moderate Income Units
Percentage of Density Bonus
10
5.0
11
6.0
12
7.0
13
8.0
14
9.0
15
10.0
16
11.0
17
12.0
18
13.0
19
14.0
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
G. 
All density calculations resulting in fractional units shall be rounded up to the next whole number.
H. 
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.
I. 
As used in Section 9-3.2202(A), "total units" or "total dwelling units" does not include units permitted by a density bonus granted pursuant to this section or any local law granting a greater density bonus.
J. 
Nothing in this section shall be construed to prohibit the City from granting a density bonus greater than what is described in this section for a development that meets the requirements of this article or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this article.
(§ 2, Ord. 846-NS, eff. January 21, 2010)
A. 
An applicant for a density bonus pursuant to Section 9-3.2203 may submit to the City a proposal for the specific incentives or concessions that the applicant requests pursuant to this section.
B. 
Concession or incentive means any of the following:
1. 
A reduction in site development standards or a modification of zoning 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, and which result in identifiable, financially sufficient, and actual cost reductions, including, but not limited to:
a. 
Reduced minimum lot sizes and/or dimensions;
b. 
Reduced minimum lot setbacks;
c. 
Reduced minimum private outdoor open spaces;
d. 
Increased maximum lot coverage;
e. 
Increased maximum building height and/or stories;
f. 
Reduced minimum off-street parking requirements below that identified in Section 9-3.2209(E).
2. 
Approval of mixed-use zoning in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if existing or planned commercial, office, industrial or other land uses are compatible with the housing development and with existing or planned development in the area where the proposed housing development 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. 
This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land by the City, or the waiver of fees or dedication requirements.
D. 
The City shall grant the concession or incentive requested by the applicant unless the City makes a written finding, based upon substantial evidence, of either of the following:
1. 
The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code or for rents for the targeted units to be set as specified in Section 9-3.2202;
2. 
The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), 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.
E. 
The applicant shall receive the following number of incentives or concessions:
1. 
One incentive or concession for projects that include at least 10% of the total units for lower income households, at least 5% for very low income households, or at least 10% for moderate income households in a condominium project or planned unit development;
2. 
Two incentives or concessions for projects that include at least 20% of the total units for lower income households, at least 10% for very low income households, or at least 20% for moderate income households in a condominium project or planned unit development;
3. 
Three incentives or concessions for projects that include at least 30% of the total units for lower income households, at least 15% for very low income households, or at least 30% for moderate income households in a condominium project or planned unit development.
F. 
The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change or other discretionary approval.
(§ 2, Ord. 846-NS, eff. January 21, 2010)
A. 
A developer seeking a density bonus and a concession or incentive for a proposed housing development under this article shall submit an application and provide the following information:
1. 
A vicinity map and a site plan, drawn to scale, including building footprints, driveway and parking layout;
2. 
Identification of the location, acreage and the maximum number of units allowed under the zoning and the land use designated under the General Plan;
3. 
Identification of the total number of units proposed including the kind and number of target units as set forth in Section 9-3.2202 which the proposed housing development qualifies for a density bonus and concession;
4. 
Identification of the concession which is requested by the developer or a list of any alternative concessions which would provide, in the developer's opinion, equivalent financial incentives to the concession requested;
5. 
The specific financial information and data relied upon by the developer which establishes the monetary value of the regulatory concessions requested by the developer and a concise statement of how such value was calculated. A clear statement of how the requested concession is necessary to make the proposed housing development economically feasible, sufficiently detailed to enable City staff to examine the conclusions reached by the developer;
6. 
Such other pertinent information as the Director may require to enable the City to adequately analyze the economic feasibility of the proposed housing development with respect to the requested additional concession and other concessions which may be made available.
B. 
An application for a density bonus and a concession or incentive shall be considered and approved or denied by the Director. The Director's decision may be appealed to the Planning Commission and the City Council.
(§ 2, Ord. 846-NS, eff. January 21, 2010)
A. 
Applicants requesting a density bonus shall draft and agree to enter into a density bonus housing agreement with the City. The density bonus housing agreement shall include, at a minimum, the following:
1. 
A general description of the development, including whether the development will contain units for rent or for sale;
2. 
A description of additional incentives or equivalent financial incentives to be provided by the City;
3. 
The total number of market-rate units and affordable units, as well as a description of the household income group(s) to be accommodated by the housing development;
4. 
The number of bedrooms in each market-rate unit and each affordable unit;
5. 
The square footage of each market-rate unit and of each affordable unit measured from the interior walls of the unit and including heated and unheated areas;
6. 
The location in the development of each market-rate and affordable housing unit;
7. 
A schedule for completion and occupancy of target units. If construction of dwelling units is to be phased, a phasing plan stating the number of market-rate and affordable units in each phase;
8. 
The estimated sale price or monthly rent of each market-rate unit and each affordable housing unit;
9. 
Documentation and plans regarding the exterior appearances, materials, and finishes of the housing development and each of its individual units;
10. 
A marketing plan the applicant proposes to implement to promote the sale or rental of the affordable units with-in the development to eligible households;
11. 
Detailed description of the standards for determining the affordable rent or affordable sales price and housing cost;
12. 
Where very low or lower income units are proposed, a stipulation that the target units shall be kept available only to members of the identified income group or only to qualifying residents for a holding period as specified in Section 9-3.2202(C);
13. 
A description of the means by which continued availability shall be secured and enforced and the procedures under which the very low and lower income target units shall be leased or sold during such period;
14. 
A stipulation that the initial occupant of moderate-income units are persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code;
15. 
A description of remedies for breach of the agreement by either party (the City may identify tenants or qualified purchasers as third party beneficiaries under the agreement);
16. 
Other provisions to ensure implementation and compliance with this article, and such other terms and provisions, not inconsistent with Government Code Section 65915, that the City may require.
B. 
In the case of for-sale housing developments, the density bonus housing agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period:
1. 
Target units shall, upon initial sale, be sold to eligible very low or lower income households at an affordable sales price and housing cost, or maintained as senior citizen housing, or in the case of condominium projects or planned unit developments, to moderate income households;
2. 
Target units shall be initially owner-occupied;
3. 
The initial purchaser of very low and lower income target units, as well as units targeted to senior citizen housing, shall execute an instrument or agreement approved by the City restricting the sale of the target unit in accordance with this article during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain such provisions as the City may require to ensure continued compliance with this article and the Government Code Section 65915.
C. 
In the case of rental housing developments, the density bonus housing agreement shall provide for the following conditions governing the use of target units during the use restriction period:
1. 
The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies and maintaining target units for qualified tenants;
2. 
Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this article;
3. 
Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.
D. 
The density bonus housing agreement shall be prepared by the City Attorney and the terms of the agreement shall be reviewed by the Director. The Director, on behalf of the City, shall be authorized to execute an agreement that meets all of the requirements of this article and Government Code Section 69515.
E. 
Following execution of the agreement by all parties, the completed density bonus housing agreement shall be recorded on the parcel or parcels designated for the construction of target units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The density bonus housing agreement shall run with the land and bind all future owners and successors in interest.
(§ 2, Ord. 846-NS, eff. January 21, 2010)
A. 
When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City as provided for in this section, the applicant shall be entitled to a 15% increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and Land
Use Element of the General Plan for the entire development, as follows:
Percentage of Very Low Income Units
Percentage of Density Bonus
10
15.0
11
16.0
12
17.0
13
18.0
14
19.0
15
20.0
16
21.0
17
22.0
18
23.0
19
24.0
20
25.0
21
26.0
22
27.0
23
28.0
24
29.0
25
30.0
26
31.0
27
32.0
28
33.0
29
34.0
30
35.0
B. 
This increase shall be in addition to any increase in density mandated by Section 9-3.2202, up to a maximum combined mandated density increase of 35% if an applicant seeks both the increase required pursuant to this section and Section 9-3.2202. Nothing in this section shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this section if all of the following conditions are met:
1. 
The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map or residential development application;
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% of the number of residential units of the proposed development;
3. 
The transferred land is 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, 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 of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land except that the City may subject the proposed development to subsequent design review to the extent authorized by subsection (i) of Section 65583.2 if the design is not reviewed by the City prior to the time of transfer;
4. 
The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 9-3.2202(C), which shall be recorded on the property at the time of dedication;
5. 
The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer;
6. 
The transferred land shall be within the boundary of the proposed development or, within one-quarter mile of the boundary of the proposed development subject to City approval.
(§ 2, Ord. 846-NS, eff. January 21, 2010)
A. 
When an applicant proposes to construct a housing development that conforms to the requirements of Section 9-3.2202 and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following:
1. 
An additional density bonus that is an amount of 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. 
The City shall require, as a condition of approving the housing development, that the following occur:
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 9-3.2202;
2. 
Of the children who attend the child care facility, the children of very low income households, lower income households, or moderate income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or moderate income households pursuant to Section 9-3.2202.
C. 
Notwithstanding any requirement herein, 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 has adequate child care facilities.
(§ 2, Ord. 846-NS, eff. January 21, 2010)
A. 
Target units should be constructed concurrently with non-restricted units unless both the City and the applicant agree within the density bonus housing agreement to an alternative schedule for development.
B. 
In determining the maximum affordable rent or affordable sales price of target units the following household and unit size assumptions shall be used:
0 bedroom (studio)
1 person
1 bedroom
2 persons
2 bedrooms
3 persons
3 bedrooms
4 persons
4 bedrooms
5 persons
C. 
Target units shall be built on-site wherever possible, and be dispersed within the housing development. The number of bedrooms of the target units should be equivalent to the bedroom mix of the non-restricted units of the housing development; except that the developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be comparable in construction quality and exterior design to the market rate units, but, may be smaller in aggregate size.
D. 
Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alternative development site. Where the developer and the City form such an agreement, the resulting linked developments shall be considered a single housing development for purposes of this article. Under these circumstances, the developer shall be subject to the same requirements of this article for the target units to be provided on the alternative site.
E. 
Upon the request of the developer, the City shall permit a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of Section 9-3.2202 at the following ratios:
1. 
Zero to one bedrooms: one on-site parking space.
2. 
Two to three bedrooms: two on-site parking spaces.
3. 
Four and more bedrooms: two and one-half (2 1/2) parking spaces.
4. 
If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section only, a housing development may provide "on-site parking" through tandem parking or uncovered parking, but not through on-street parking.
(§ 2, Ord. 846-NS, eff. January 21, 2010)