The purpose of this chapter is to implement State Government Code Section 65915 et seq., as may be amended (State Density Bonus Law). This chapter also intended to incentivize development of affordable housing and implement the provisions of the City's General Plan Housing Element that promote construction of dwellings affordable to moderate, low, and very low-income households by granting density bonuses.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1996, Amended, 07/23/2024)
A. 
Minimum Requirements. Any housing development that proposes five or more units and incorporates at least one of the requirements below is eligible for density bonus:
1. 
Very Low Income. Five percent of the total units of a housing development, including a shared housing building development, for rental or sale, restricted to "very low income" households as defined in Section 50105 of the California Health and Safety Code.
2. 
Low Income. Ten percent of total units of a housing development, for rental or sale, restricted to "low income" households as defined in Section 50079.5 of the California Health and Safety Code.
3. 
Moderate Income. Ten percent of the total units of a housing development restricted to "moderate income" households as defined in Section 50093 of the California Health and Safety Code, provided that all units are offered for purchase.
4. 
Senior Housing. A senior housing development (no affordable units required), including a shared housing building development, as defined in Sections 51.3 and 51.2 of the California Civil Code, or a mobile home park (no affordable units required) that limits residency based on age requirements for housing older persons under Section 798.76 or 799.5 of the California Civil Code.
5. 
Transitional Foster Youth, Disabled Veterans, or Homeless Persons. Ten percent of the total units of a housing development for foster youth (Education Code Section 66025.9), disabled veterans (Government Code Section 18541), or homeless persons (42 U.S.C. Sec. 11301 et seq.), with rents restricted at the very low income level.
6. 
Student Housing. Twenty percent of the total units of a housing development dedicated for full-time students at accredited colleges with rents at the low-income level.
7. 
Affordable Housing. One hundred percent of all units in the development, including total units and density bonus units (excluding manager's units), restricted to lower income households (California Health and Safety Code Section 50079.5) with a maximum of 20 percent units for moderate-income households (California Health and Safety Code Section 50043).
B. 
Calculation of Bonus Units. When a housing development that conforms to the requirements specified in subsection A of this section, the number of density bonus units shall be calculated as follows:
1. 
Very Low Income. For each one percent increase above five percent in the percentage of units affordable to very low income households, the density bonus is increased by two and one-half percent up to a maximum of 35 percent.
2. 
Low Income. For each one percent increase above 10 percent in the percentage of units affordable to low-income households, the density bonus is increased by one and one-half percent up to a maximum of 35 percent.
3. 
Moderate Income. For each one percent increase above 10 percent but below 40 percent in the percentage of units affordable to moderate-income households, the density bonus is increased by one percent up to 35 percent. For each one percent increase above 40 percent in the percentage of units affordable to moderate income households, the density bonus is increased by three-and-three quarters percent up to maximum of 50 percent.
4. 
Senior Housing. The density bonus shall be 20 percent of the number of senior housing units.
5. 
Transitional Foster Youth, Disabled Veterans, or Homeless Persons. The density bonus shall be 20 percent of the number of the type of units.
6. 
Student Housing. The density bonus shall be 35 percent of the number of student housing units.
7. 
Affordable Housing. Except as otherwise provided below, the density bonus shall be 80 percent of the number of units for lower income households.
a. 
If the housing development is located within one-half mile of a major transit stop, the City shall not impose any maximum controls on density.
b. 
If the housing development is located in a very low vehicle travel area, the City shall not impose any maximum controls on density.
C. 
Number of Incentives. When a housing development that conforms to the requirements specified in subsection A. of this section, the applicant shall receive the following number of incentives or concessions:
1. 
One incentive for a project that includes at least 10 percent of the total units for lower income households, at least five percent for very low income households, or at least 10 percent for persons and families of moderate income in a development in which the units are for sale.
2. 
One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development.
3. 
Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale.
4. 
Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale.
5. 
Four incentives or concessions for projects that include at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a development in which the units are for sale.
6. 
Five incentives or concessions for a project meeting the criteria of subsection A.(7) of this section. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
D. 
Childcare Facilities.
1. 
Incentives. When a housing development that conforms to the requirements specified in subsection A. of this section and includes a childcare facility as defined in California Government Code Section 65915(h) 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 if requested:
a. 
An additional density bonus in the amount of square feet of a residential space that is equal to or greater than the amount of square feet in the childcare facility; or
b. 
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
2. 
Findings. A housing development is eligible for the density bonus or incentive as described in this section if both the following occur:
a. 
The childcare facility will remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable under California Government Code Section 65915(c).
b. 
Of the children who attend the childcare 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.
3. 
Necessity. Notwithstanding any requirement of this section, the City is not required to provide a density bonus or incentive for a childcare facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.
E. 
Land Donation.
1. 
Incentives. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City as provided in this section, the applicant is entitled to a 15 percent increase above the otherwise maximum allowable residential density under the general plan land use element or zoning ordinance for the entire development. For each one percent increase above the minimum 10 percent land donation described in subsection E.(2) of this section, the density bonus shall be increased by one percent, up to a maximum 35 percent. This increase shall be in addition to any increase in density required by subsection A. of this section, up to a maximum combined density increase of 35 percent if an applicant seeks both. All density calculations resulting in fractional units shall be recorded to the next larger number. An applicant is not eligible for an increase in density bonus for the donation of land as a condition of development.
2. 
Findings. A housing development is eligible for the density bonus or incentive as described in this section if all the following occur:
a. 
The applicant will donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
b. 
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 of at least 10 percent of the number of residential units of the proposed development or will permit construction of a greater percentage of units if proposed by the developer.
c. 
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 of lower income households and is or will be served by adequate public facilities and infrastructure.
d. 
The transferred land shall have all the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the proposed development may be subject to subsequent design review to the extent authorized by California Government Code Section 65583.2(i) if the design is not reviewed by the City before the time of transfer.
e. 
The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with California Government Code Section 65915(c), which restriction shall be recorded on the property at the time of the transfer.
f. 
The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify a developer of the very low-income units and to require that the land be transferred to that developer.
g. 
The transferred land is within the boundary of the proposed housing development or within one-quarter mile of the boundary of the proposed development.
h. 
A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.
F. 
Condominium Conversions.
1. 
Incentives. The City shall grant either a density bonus or other incentives of equivalent financial value if the applicant for a conversion of existing rental apartments to condominiums agrees to provide 33 percent of the total units of the proposed condominium project as target units affordable to low- or moderate-income households, or to provide 15 percent of the total units in the condominium conversion project as target units affordable to low-income households. All such target units shall remain affordable for the period specified in California Government Code Section 65915(c). For purposes of this section, a "density bonus" means an increase in units of 25 percent over the number of apartments to be provided within the existing structure or structures proposed for conversion.
2. 
Findings. No condominium conversion is eligible for a density bonus if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided under this section or California Government Code Section 65915.
G. 
Mixed-Use Development.
1. 
Incentives. When an applicant for approval of a commercial development has entered into an agreement for partnered housing as described in California Government Code Section 65915.7 to contribute to affordable housing through a joint project or two separate projects encompassing affordable housing, the City shall grant to the commercial developer a development bonus that may include but is not limited to any of the following:
a. 
Up to a 20 percent increase in maximum allowable intensity in the General Plan.
b. 
Up to a 20 percent increase in maximum allowable floor area ratio.
c. 
Up to a 20 percent increase in maximum height requirements.
d. 
Up to a 20 percent reduction in minimum parking requirements.
e. 
Use of a limited-use/limited-application elevator for upper floor accessibility.
f. 
An exception to a zoning ordinance or other land use regulation.
2. 
Findings. A project is eligible for the density bonus or incentive as described in this section if the housing is constructed on the site of the commercial development or on a site that is all the following:
a. 
Within the boundaries of the City.
b. 
In close proximity to public amenities including schools and employment centers.
c. 
Located within one-half mile of a major transit stop as defined in subdivision (b) of Section 21155 of the California Public Resources Code.
(Ord. 1996, Repealed and Replaced, 07/23/2024)
A. 
Concurrent Review. The applicant for a density bonus shall submit the request to the Director of Community Development in conjunction with the application for planned development, design review, or other application necessary for the housing development.
B. 
Completeness Review. The Director of Community Development shall notify the applicant for a density bonus whether the application is complete in accordance with the procedures found in Chapter 14.09.030 of this code, Common Procedures. If the Director of Community Development notifies the applicant that the application is deemed complete, the Director of Community Development shall include the information required by California Government Code Section 65915.
C. 
Any determination under this section shall be based on the development project at the time the application is deemed complete. The decision maker shall adjust the amount of density bonus and parking ratios awarded pursuant to this chapter based on any changes to the project during the course of development.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
The applicant for a density bonus shall submit the items listed below, in addition to and in conjunction with the submittal requirements for the housing development application.
A. 
Density Bonus Description. A detailed description of the requested density bonus, including:
1. 
The density and maximum number of dwelling units possible under the existing zoning without a density bonus.
2. 
The percentage increase and number of dwelling units requested above the maximum allowable density.
3. 
The number and percentage of dwelling units proposed by income level.
4. 
Any proposed occupancy restrictions, such as restrictions to occupancy by seniors or to special needs tenants, and whether the units are proposed to be offered for sale or for rent.
5. 
The method proposed to guarantee the proposed affordability levels, such as proposed deed restrictions.
B. 
Concessions and Incentives. If the applicant requests concessions or incentives, as defined in California Government Code Section 65915(k), the application shall include:
1. 
A detailed description of the requested concessions or incentives.
2. 
All documentation the applicant wishes to rely on to show how the incentive or concession would result in identifiable and actual cost reductions necessary to meet affordability levels as opposed to the project without the concessions or incentives.
C. 
Waivers and Reductions. If the applicant requests a waiver or reduction of any development standard based on an assertion that the development standard physically precludes the construction of a qualifying affordable housing development per California Government Code Section 65915(e), include the following:
1. 
A detailed description of the requested waiver or reduction of development standards.
2. 
All documentation the applicant wishes to rely on to show how the development standards physically preclude the construction of the qualified affordable housing development.
3. 
All documentation the applicant wishes to rely on to show that the waiver or reduction would not have a specific adverse impact, as defined in California Government Code Section 65589.5(d)(2), upon health, safety or the physical environment, including proposed mitigation or avoidance measures.
D. 
Parking Ratios. If the applicant requests parking ratios pursuant to California Government Code Section 65915(p), then include the following:
1. 
The requested parking ratio.
2. 
Information on the number of dwelling units and number of bedrooms in each dwelling unit.
3. 
If the application requests parking ratios per California Government Code Section 65915(p)(2) or (3), evidence to show the proposal meets the criteria in those sections, including the distance to the nearest major transit stop, information on access to and any impediment to that transit stop from the housing development, information on the service provided at the transit stop, paratransit service available and its frequency, and any occupancy restrictions proposed.
E. 
Response to Criteria. Citations to the legal standards and criteria upon which the density bonus, concession, incentive, waiver, reduction in development standards, or parking ratio is requested and an explanation, evidence, and findings showing how the applicant contends the proposal meets the applicable standards and criteria.
F. 
Fees. Fees as established by City Council resolution.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
A. 
Director or Planning Commission. Where the Director of Community Development or Planning Commission is otherwise authorized to approve the subject housing development application, that decision maker is also authorized to consider and take action on the associated applications for density bonuses, concessions and incentives, reduction in development standards, and parking ratios listed below. The density bonus review shall occur concurrently and on the same timelines as the housing development application review.
1. 
A density bonus that is less than or equal to the minimum density bonus required to be granted by state law for the number and affordability level of dwelling units and that increases the maximum allowable density by 30 percent or less.
2. 
Parking ratios pursuant to California Government Code Section 65915(p).
3. 
Decreases in minimum standards and increases in maximum standards as listed in Chapter 14.09.320 of this code, Variances.
4. 
An increase in maximum building height by up to 10 feet.
5. 
An increase in maximum site coverage by up to 10 additional percent coverage.
B. 
City Council. Any other density bonus, concession and incentive, or reduction in development standards requested shall be subject to City Council review at a public hearing. The housing development application and density bonus application shall first be referred to the Planning Commission for review and recommendation. The request shall be referred to the City Council within 60 calendar days following the Planning Commission's recommendation.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
A. 
The decision maker shall review the density bonus request and may approve, approve with conditions or modifications, or deny the request based on the applicable standards and criteria found in the state density bonus law. The decision maker shall adopt findings supporting the decision.
B. 
If the application qualifies for a concession or incentive, the decision maker shall grant the concession or incentive unless it makes a written finding, based upon substantial evidence, of any of the following, or other criteria established by state law:
1. 
The concession or incentive does not result in identifiable and actual cost reductions, consistent with California Government Code Section 65915(k), to provide for affordable housing costs, as defined in California Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in California Government Code Section 65915(c).
2. 
The concession or incentive would have a specific, adverse impact, as defined in California Government Code Section 65589.5(2)(d), 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-income and moderate-income households.
3. 
The concession or incentive would be contrary to state or federal law.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
The City Council may, at its own discretion, approve density bonuses, concessions, and incentives in addition to the minimum required in state law, provided the Council finds the following:
A. 
The application provides affordable housing beyond the minimum percentages listed in state law.
B. 
The additional density bonus, concession or incentive is proportional to the increase in affordable housing provided beyond the minimum percentages provided in state law.
C. 
The additional density bonus, concession or incentive would not result in significant effect on the environment as defined in the California Environmental Quality Act.
D. 
The proposal otherwise meets the criteria applicable to the development application.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
To ensure that the units remain available and affordable as described in the approved density bonus application, the applicant shall enter into a density bonus housing agreement with the City and record a deed restriction on the property. The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind on all future owners and successors in interest. The agreement shall follow a form determined by the Vacaville Director of Housing Services and be approved by the City Attorney. Where allowable by law, the agreement may require payment of a fee to cover the cost of monitoring compliance with the agreement.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
A. 
Pursuant to Government Code Section 65583.2(c), any nonvacant sites identified in the fifth Housing Element cycle (2015-2022) or vacant sites identified in two or more consecutive planning periods shall be provided by-right development when at least 20 percent of the units in the proposed development are affordable to lower-income households.
B. 
Housing by right is permitted on the following four Residential High Density properties when at least 20 percent of the units are affordable to lower-income households:
1. 
681 Markham (APN 129-202-010).
2. 
Leisure Town Road Apartments (1) (APN 134-020-210).
3. 
Leisure Town Road Apartments (2) (APN 134-056-010).
4. 
Vanden Townhome Site (APN 136-080-040).
C. 
These properties are illustrated on the maps on the following pages:
MARKHAM AVENUE SITES – NORTH
LEISURE TOWN APARTMENTS SITE
VANDEN TOWNHOME SITE
(Ord. 1984, Added, 07/25/2023)