This Chapter is intended to implement the requirements of the California Density Bonus Law set forth within California Government Code Section 65915 et seq. and provides for local implementation procedures and requirements.
(Ord. 2631, 1/14/2026)
The California Density Bonus Law, set forth at Chapter 4.3 of the Planning and Zoning Law and found at Government Code Sections 65915 through 65918, as the same may be amended from time to time, shall govern the City of Westminster's regulation of density bonuses and other related incentives and waivers and shall be implemented in accordance with this Chapter.
(Ord. 2631, 1/14/2026)
For the purposes of this Chapter:
A. 
The term "incentive" shall mean a "concession or incentive" as the same is defined in Government Code Section 65915(k).
B. 
The term "waiver" shall include a reduction in development standards as well as a complete waiver of such standards.
(Ord. 2631, 1/14/2026)
This Chapter shall apply to any housing development that is entitled to receive a density bonus pursuant to the California Density Bonus Law.
(Ord. 2631, 1/14/2026)
Applicants requesting a density bonus and/or incentive(s) and waiver(s) shall agree to enter into an agreement with the City guaranteeing the affordability of the rental or ownership of the affordable units in accordance with this Chapter and Government Code Section 65915.
(Ord. 2631, 1/14/2026)
A. 
Application Submittal. An application for a density bonus, an incentive(s) or waiver(s), shall be filed and processed concurrently with an application for a housing development. The application package shall include all of the information specified in the application form and the information set forth in subsection B, below.
B. 
Application Contents. An application for a density bonus shall include the following information:
1. 
The base density of the property;
2. 
The total number of units being provided;
3. 
The number, percentage and income level of affordable units being provided;
4. 
The number of density bonus units being requested;
5. 
All incentives being requested that result in identifiable and actual cost reductions to provide for the affordable housing and reasonable documentation supporting such request;
6. 
All waivers being requested that would have the effect of physically precluding the construction of the housing development at the densities or with the allowed incentive(s) or concession(s) and reasonable documentation supporting such request; and
7. 
Any reduced parking ratio requested pursuant to Government Code Section 65915(p).
C. 
If an application for a density bonus is incomplete, the applicant shall be timely notified of the status and deficiencies in accordance with the provisions of applicable law.
D. 
If a proposed housing development would be inconsistent with the City's Zoning Code or the California Density Bonus Law, the applicant shall be provided notice of such inconsistency in accordance with the Housing Accountability Act, Government Code Section 65589.5.
E. 
Review Authority. Requests for a density bonus, incentives and waivers shall be reviewed and acted upon in conjunction with the associated residential development by the review authority authorized to approve the housing development application. A density bonus, incentives and waivers may only be denied if the findings can be made as specified in the California Density Bonus Law. If an appeal is taken of the project, then the request for a density bonus, incentives, or waivers shall be approved by the decision maker on appeal.
(Ord. 2631, 1/14/2026)
A. 
The applicant for a density bonus shall enter into an affordable housing agreement with the City in a form to be approved by the City Attorney. Said agreement shall be recorded against the property. The affordable housing agreement shall be approved by the approval authority on the underlying project. If an appeal is taken of the project, then the affordable housing agreement shall be approved by the decision maker on appeal.
B. 
The applicant shall be required to pay any costs incurred by the City in the drafting of the affordable housing agreement, verifying the eligibility of owners or tenants of the affordable units, or any other matter relating to the density bonus.
C. 
The required affordable dwelling units shall be constructed concurrently with market-rate units unless both the body approving the underlying project and the developer agree within the affordable housing agreement to an alternative schedule for development.
D. 
The exterior design and construction of the affordable dwelling units shall be consistent with the exterior design and construction of the total project development and shall be consistent with any affordable residential development standards that may be prepared by the City.
1. 
The affordable units shall be similar in size and number of bedrooms to the market-rate units. If the development project includes a range of unit sizes, then the affordable units shall provide a range of unit sizes in proportion to the market-rate units.
2. 
If the project includes a subdivision, the lots with affordable units shall be of similar size to the lots with market-rate units. If the development project includes a range of lot sizes, the lots with affordable units shall be no smaller than the smallest lots with market-rate units.
E. 
The affordable units shall have the same amenities as the market-rate units, including the same access to and enjoyment of common open space, parking, storage and other facilities in the residential development, provided at an affordable rent or at affordable ownership cost specified by Health and Safety Code Section 50052.5 and 25 CCR §§ 6910 through 6924, as the same may be amended from time to time. Developers are strictly prohibited from discriminating against tenants or owners of affordable units in granting access to and full enjoyment of any community amenities available to other tenants or owners outside of their individual units.
F. 
Any affordable units shall be spread throughout the project, not aggregated in distinct clusters, unless the units are a part of a supportive housing project or the project is one hundred percent affordable units.
G. 
If the development project is for-sale units, then the affordable dwelling units shall also be for-sale units. The affordable housing agreement may make provisions for rental of the units for the same level of affordability that qualified the applicant for the density bonus if the unit is not sold within the time-period specified in the agreement.
H. 
Any project utilizing the density bonus provisions shall be subject to all replacement requirements for low and very low-income housing as required by state law.
(Ord. 2631, 1/14/2026)