A. 
Purpose. This purpose and intent of this Chapter is to implement the State Density Bonus Law, Government Code Section 65915 et seq., as may be amended. In enacting this Chapter, the City also intends to implement the goals, objectives and policies of the adopted General Plan Housing Element to encourage the production of affordable housing in the City.
B. 
Applicability. This Chapter shall apply to housing developments as defined in this Chapter in all zones that allow residential uses.
(Ord. 1201, 12/9/2025)
A. 
This Chapter references Chapter 4.3 (Density Bonuses and Other Incentives) of California Government Code Division 1, Title 7 (Planning and Land Use), relating to density bonuses. Terms used in this Chapter shall have the meanings as set forth in the State Density Bonus Law.
B. 
Housing Development as set forth in Government Code Section 65915(i).
C. 
In accordance with State law, neither the granting of a concession or incentive, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a General Plan amendment, zoning map amendment, or other discretionary approval.
(Ord. 1201, 12/9/2025)
The City shall grant a density bonus and/or incentives or concessions, waivers or reductions of development standards, and/or parking ratios as described in State density bonus law to a qualifying project pursuant to State density bonus law.
(Ord. 1201, 12/9/2025)
A. 
An applicant for a density bonus shall be granted the incentive(s) or concession(s) requested by the applicant unless the approving body makes a written finding required by Cal. Gov't Code § 65915(d)(1).
B. 
The applicant shall be entitled to receive the number of incentives or concessions as provided by Cal. Gov't Code § 65915(d)(2).
C. 
Upon written request to the City, an applicant for a housing development that is eligible for a density bonus based upon the contribution of affordable units, may receive a higher amount of density bonus if the percentage of very low, lower, and moderate income housing units exceeds the base percentage established.
(Ord. 1201, 12/9/2025)
A. 
The City shall not apply any development standard that will have the effect of precluding the construction of a development meeting the criteria described in State density bonus law at the densities or with the concessions or incentives permitted by this subchapter unless it makes one or more of the findings required by Cal. Gov't Code § 65915(e)(1).
B. 
Affordable units qualifying a housing development for a density bonus shall be reasonably dispersed throughout the housing development and compatible with the design of market rate units in terms of appearance, materials, and finished quality. The applicant may reduce the interior amenities and square footage of inclusionary units, provided all units conform to all other requirements of this Municipal Code.
C. 
For developments with multiple market rate units containing differing numbers of bedrooms, affordable units qualifying a housing development for a density bonus shall be representative of the market rate unit mix.
(Ord. 1201, 12/9/2025)
A. 
Concurrent Review. The applicant for a density bonus shall submit the request to Zoning Administrator in conjunction with the first approval of the housing development and processed concurrently with all other applications required for the housing development.
B. 
Completeness Review. The Zoning Administrator shall notify the applicant for a density bonus whether the application is complete in accordance with the procedures found in Section 18.04.020 (Application and Fees). If the Zoning Administrator notifies the applicant that the application is deemed complete, the Zoning Administrator shall include the information required by California Government Code Section 65915(a).
C. 
Modifications. A request for a minor modification of an approved application may be granted by the Zoning Administrator if the modification is substantially in compliance with the original application and the conditions of approval. Other modifications to the density bonus development shall be processed in the same manner as the original application.
D. 
Application Requirements. Applications for a density bonus housing development shall include the following information:
1. 
A site plan identifying the base project without the density bonus, number and location of all inclusionary units, affordable units qualifying for the project for a density bonus, and proposed density bonus units; and
2. 
Proposed categories qualifying the housing development for a density bonus; and
3. 
Level of affordability of all affordable and inclusionary units and proposals for ensuring affordability, if applicable; and
4. 
A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards; and
5. 
A written statement describing that the development meets the qualifications and findings required under Government Code for the applicable density bonus; and
6. 
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
7. 
If a density bonus or concession is requested for a childcare facility, the application shall show the location and square footage of the childcare facility.
E. 
Permit Issuance. Building permits for affordable units qualifying a housing development for a density bonus shall be issued concurrently with, or prior to, issuance of building permits for the market rate units, and the affordable units shall be constructed concurrently with, or prior to, construction of the market rate units. Occupancy permits and final inspections for affordable units qualifying a housing development for a density bonus shall be approved concurrently with, or prior to, approval of occupancy permits and final inspections for the market rate units.
(Ord. 1201, 12/9/2025)
A. 
An applicant proposing a housing development in accordance with this Chapter may submit a preliminary application prior to the submittal of any formal request for approval of a density bonus housing development.
B. 
Within 90 days of receipt of the preliminary application the City shall provide to an applicant, a letter which identifies project issues of concern and the procedures for compliance. The Zoning Administrator shall inform the applicant that the requested additional incentives shall be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives for consideration in lieu of the requested incentives. If alternative or modified incentives are recommended by the Zoning Administrator, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.
(Ord. 1201, 12/9/2025)
A. 
To ensure density bonus housing developments remain available and affordable as described in the approved density bonus application, the applicant shall enter into an agreement with the City. The terms of the draft agreement shall be reviewed and revised as appropriate by the Zoning Administrator and be approved by the City Attorney.
B. 
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 future owners and successors in interest.
(Ord. 1201, 12/9/2025)