(a) State Density Bonus Not Available. If a developer chooses to request development bonuses pursuant to the provisions of this section, density bonuses pursuant to the State density bonus requirements in Article 5 of Chapter 5 are not available.
(b) Procedure. Bonus floor area ratio, height, and/or residential density, as specified in this article, may be permitted upon the granting of a conditional use permit pursuant to Article 5 of Chapter 7 and the additional findings required by subsection
(f) of this section. Projects seeking bonus points for the flexible community benefit pursuant to item (7) in Table 9-4.204(e) shall require approval of a conditional use permit by the City Council upon a recommendation of the Planning Commission. For planned unit developments, development bonuses shall comply with the requirements of this section, but shall not require a conditional use permit and shall be considered as part of the PUD approval process pursuant to Article 10 of Chapter 7.
(1) RM Medium Density Residential Zone.
a. Multi-unit residential projects of ten (10) units or more must provide affordable units and community benefits as specified in this section. The findings in subsections (f)(1) and (2) of this section must be made.
b. For all other projects, community benefits are not required. The findings in subsection (f)(1) of this section must be made.
(2) In all other zones affordable housing and other community benefits as specified in this section must be provided sufficient to earn the number of points required for the bonus amount requested, pursuant to subsections (c), (d) and (e) of this section. The findings in subsection (f)(2) of this section must be made.
(3) For bonus height over one hundred feet (100'), affordable housing and other community benefits as specified in this section must be provided sufficient to earn at least one hundred (100) points pursuant to subsections (d) and (e) of this section. The findings in subsections (f)(2) and (3) of this section must be made.
To qualify for a bonus, a community benefit must be significant and clearly beyond what would otherwise be required for the project under applicable code provisions, conditions of approval, and/or environmental review mitigation measures.
(c) Determination of Bonuses. Bonus floor area ratio, height, and/or residential density shall be calculated in accordance with the following procedures.
(1) Points Required. The number of bonus points required, up to a maximum of one hundred (100), is calculated according to the following formula:
Bonus Requested | X | 100 | = | Points Required |
Bonus Increment | | | | |
Variables used in bonus point calculation:
a. Bonus Requested. The amount of FAR, height, or residential density requested for the project above the base level as specified in Tables 9-4.201(a), 9-4.202(a) and 9-4.203(a), respectively.
b. Bonus Increment. The difference between the maximum bonus amount and the maximum base amount for FAR, height, and residential density as specified in Tables 9-4.201(a), 9-4.202(a), and 9-4.203(a), respectively.
(2) Points Count Toward All Bonuses. The points awarded for the provision of affordable housing and other community benefits pursuant to subsections (d) and (e) of this section may be counted towards FAR, height, and residential density. It is not necessary to earn separate points for each of these bonuses.
(3) Height over One Hundred Feet (100'). To qualify for bonus height over one hundred feet (100') in the seventy-five/one hundred plus (75/100+) height district, affordable housing and other community benefits worth at least one hundred (100) points must be provided pursuant to subsections (d) and (e) of this section.
(4) Modifications.
a. Prior to Issuance of Building Permit. No community benefit for which a bonus has been granted may be eliminated or reduced in size without the approval of the Planning Commission or City Council, whichever approved the project. To grant such approval, the Commission or Council must find that there is a corresponding reduction in intensity, height, and/or density, a substitution of an equivalent community benefit, or a combination of the two.
b. Prior to Issuance of Certificate of Occupancy. Before a certificate of occupancy is issued for a project, the applicant shall certify to the Director that the bonus points upon which the project's floor area ratio, height, and/or residential density were based have, in fact, been achieved. If the number of bonus points achieved by the completed project is less than required, the applicant shall contribute one-tenth of one percent (0.1%) of construction valuation per point of shortfall to the Citywide Parks Fund. Such contribution shall be made before a certificate of occupancy is issued.
(d) Affordable Housing. No fewer than half of the bonus points required for the project, as calculated pursuant to subsection
(c)(1) of this section, up to fifty (50) points, shall be earned through the provision of affordable housing as specified below. If half of the bonus points required for the project is not a multiple of five (5), it shall be rounded up to the next multiple of five (5) for the purposes of the provision of affordable housing.
(1) Residential Projects. Multi-unit residential developments of ten (10) units or more shall provide affordable units in the development in accordance with the applicable requirements of Article 4 of Chapter 5. The number of bonus points awarded shall be determined for providing affordable units at various income levels in accordance with Table 9-4.204(d)(1) below.
Table 9-4.204(d)(1): Bonus Points for Affordable Units in Project |
|---|
Bonus Points Awarded | Rental Projects | Ownership Projects |
|---|
TOTAL | Very Low Income | Low Income | Moderate Income | Moderate Income |
|---|
5 | 12.5% | 2.8% | 4.3% | 5.3% | 20.5% |
10 | 13.0% | 2.9% | 4.5% | 5.5% | 21.0% |
15 | 13.5% | 3.1% | 4.7% | 5.8% | 21.5% |
20 | 14.0% | 3.2% | 4.9% | 6.0% | 22.0% |
25 | 14.5% | 3.3% | 5.0% | 6.2% | 22.5% |
30 | 15.0% | 3.4% | 5.2% | 6.4% | 23.0% |
35 | 15.5% | 3.5% | 5.4% | 6.6% | 23.5% |
40 | 16.0% | 3.6% | 5.6% | 6.8% | 24.0% |
45 | 16.5% | 3.7% | 5.7% | 7.0% | 24.5% |
50 | 17.0% | 3.9% | 5.9% | 7.2% | 25.0% |
(2) Nonresidential Projects. Nonresidential developments shall pay an additional affordable housing impact fee in accordance with Table 9-4.204(d)(2) below. The increase shall be based on the applicable fee in effect when the fee is due. For use types that are normally exempt from the affordable housing impact fee, the increased fee shall be based on the fee for nonexempt uses.
Table 9-4.204(d)(2): Bonus Points for Nonresidential Uses |
|---|
Bonus Points Awarded | Additional Fee |
|---|
5 | 10% |
10 | 20% |
15 | 30% |
20 | 40% |
25 | 50% |
30 | 60% |
35 | 70% |
40 | 80% |
45 | 90% |
50 | 100% |
For example, if the current fee for nonexempt uses were four dollars ($4.00) per square foot, to earn thirty (30) points, an additional fee of two dollars and forty cents ($2.40) per square foot would be required (sixty percent (60%) of four dollars ($4.00)) for a total of six dollars and forty cents ($6.40) per square foot. A use type that is normally exempt from the affordable housing impact fee would not pay the base fee of four dollars ($4.00) per square foot, but would pay the fee increase of two dollars and forty cents ($2.40) per square foot.
(e) Community Benefits. No more than half of the bonus points required for the project, as calculated pursuant to subsection
(c)(1) of this section, may be earned through the provision of community benefits. The maximum number of points that may be awarded for each community benefit, the calculation method, and other requirements are as shown in Table 9-4.204(e):
Table 9-4.204(e): Community Benefits and Bonus Points |
|---|
Community Benefit | Maximum Points | Point Calculation | Requirements |
|---|
(1) | Public Open Space | 50 | Contribution to Citywide Parks Fund: 10 points for every 1% of project construction valuation up to 50 points | Contribution must be made prior to issuance of building permit. |
(2) | Zero Net Energy | 50 | 100% of energy load (zero net energy): 50 points | Percent of total building energy load measured as kilowatt per square foot provided by solar panels, wind turbines, or other renewable sources. |
(3) | Public Improvements | 50 | 10 points for every 1% of project construction valuation up to 50 points | Does not include improvements along project frontage that are normally required. Examples include curb, gutter, and sidewalk; pedestrian and bicycle paths; sanitary and storm sewers; and street trees, beyond what would normally be required. |
(4) | Utility Undergrounding | 50 | Contribution to Citywide Underground Utility Fund: 10 points for every 1% of project construction valuation up to 50 points | Does not include utility undergrounding that is normally required. |
(5) | Additional Family Friendly Units | 50 | 5 points for each additional 5% of total units that have 2 or more bedrooms, of which at least 1.5% of total units must have 3 or more bedrooms | 2- and 3-bedroom units are in addition to those required by Section 9-5.2003, and must comply with the applicable provisions of the Emeryville Design Guidelines pertaining to family friendly residential unit design. |
(6) | Small Businesses | 50 | Contribution to Citywide Fund to Support Small Local-Serving Businesses: 10 points for every 1% of project construction valuation up to 50 points | Contribution must be made prior to issuance of building permit. |
(7) | Mass Timber Construction | 50 | Decking: 4 points per 10% of total deck area constructed with mass timber, including roof but not including slab on grade Framing: 1 point per 10% of total internal floor area constructed with mass timber Concrete topping: 10 points deducted per 0.5 inches of Portland cement-based concrete topping on mass timber deck | Mass timber construction of buildings 85 feet in height or taller, defined as "structural elements made primarily from built-up, panelized or engineered wood products. Products covered by this definition include, but are not limited to, glue-laminated timber, cross-laminated timber, nail-laminated timber, dowel-laminated timber, and mass plywood. Heavy timber is allowable only if salvaged." Calculations based on total internal floor area, excluding parking and loading areas. Concrete and other cement-based products used as topping over the mass timber deck are only subject to the point deduction if they contain more than 260 pcy of cement. The deduction for products with more than 260 pcy of cement may only be adjusted if a product-specific environmental product declaration that shows a global warming potential of less than 313 kg CO2e/m3. |
(8) | Design Convertible Parking Garage for Adaptive Reuse | 50 | 5 points for every 1% of project construction valuation up to 50 points | Submit plan for proposed garage and renderings of potential future configurations for housing, office, or other habitable uses. The plan for potential adaptive reuse can include full or partial conversion of the garage. To obtain bonus points the design shall include (1) to (3) or (4): (1) Level stories and vehicle-only ramps, without ramped parking. (2) A minimum of 9-foot floor-to-finish-ceiling height. (3) Larger live and deadload loading requirements for non-vehicle uses as well as floor flattening systems. (4) Seismically separated sections which make it feasible to demolish portions of the existing building to allow for construction of another type of facility. Ground-floor-only conversions do not qualify for bonus points. |
(9) | Flexible Community Benefit | 50 | The City Council shall determine the number of points to grant for the proposed community benefit based on 10 points for every 1% of project construction valuation | Currently undefined community benefit proposed by the applicant that is significant and substantially beyond normal requirements. An example would be universal design features beyond those required by applicable building codes. |
(f) Findings. To grant a conditional use permit for bonus floor area ratio, height, or residential density, as prescribed in this article, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:
(1) In the RM Medium Density Residential zone:
a. That the proposed project is compatible with the surrounding neighborhood with regard to building scale, form, and materials, and street orientation.
b. That the proposed project has been designed to minimize the appearance from the street of driveways, parking spaces, maneuvering aisles, and garage doors as much as possible given the size and shape of the lot, and that at least seventy percent (70%) of the street frontage is devoted to active nonparking related uses, except that a driveway of up to ten feet (10') in width shall be allowed.
(2) In all other zones:
a. That the proposed project will provide community benefits sufficient to earn the number of points required for the bonus amount requested, pursuant to subsections (c), (d) and (e) of this section.
b. That the proposed community benefits for the project are significant and clearly beyond what would otherwise be required for the project under applicable code provisions, conditions of approval, and/or environmental review mitigation measures.
c. That the proposed community benefits for the project are acceptable and appropriate in this case, and will provide tangible benefits to the community.
(3) Bonus height over one hundred feet (100'):
a. That the proposed project will provide community benefits sufficient to earn at least one hundred (100) points pursuant to subsections (d) (and (e) of this section.
b. That the proposed project will minimize impacts on public views, wind, and shadows at the street level.
c. That the proposed project will be adequately separated from other buildings over one hundred feet (100') tall, with consideration given to solar access.
(Sec. 3 (Exh. A), Ord. 23-005, eff. Jan. 18, 2024; Sec. 3, Ord. 22-005, eff. Aug. 18, 2022; Sec. 3 (part), Ord. 19-009, eff. Aug. 22, 2019; Sec. 4 (part), Ord. 15-009, eff. Dec. 3, 2015; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
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