The purpose of this article is to implement requirements of the State Density Bonus Law (California Government Code Title 7, Division 1, Chapter 4.3, Sections 65915, et seq.), and the City's Housing Element by specifying how the City shall provide density bonuses and other incentives, concessions, or waivers to developers for the production of housing affordable to lower income households, moderate income households, and senior citizens, and to increase the availability of childcare facilities in the City. Nothing in this Chapter is intended to create a mandatory duty on behalf of the City or its employees under the Government Tort Claims Act, and no cause of action against the City or its employees is created by this Article that would not arise independently of the provisions of this Chapter.
(Ord. 297 § 4, 2010; Ord. 435 § 1, 2023)
All terms used in this article shall be interpreted in accordance with the definitions herein except to the extent otherwise defined in the State Density Bonus Law.
"Affordable rent"
means the maximum monthly rent for a specified income level calculated in accordance with Health and Safety Code Section 50053 and implementing regulations.
"Affordable sales price"
means the maximum housing cost for a specified income level, calculated in accordance with Health and Safety Code Section 50052.5 and implementing regulations.
"Affordable units"
means those dwelling units which are required to be rented at affordable rents or sold at an affordable sales price, very low-income households, low-income households, or moderate-income households.
"Applicant" or "developer"
means a person, persons, or entity who applies for a housing development, as well as the owner or owners of the property if the applicant does not own the property on which development is proposed.
"Area Median Income" or "AMI"
means the median family income (adjusted for family size) for San Bernardino County promulgated and published annually by the California Department of Housing and Community Development ("HCD") pursuant to Title 25, § 6932 of the California Code of Regulations.
"Childcare facility"
means a childcare facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.
"Concession or incentive"
is as defined in Government Code Section 65915.
"Density bonus"
means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city, as defined by Government Code Section 65915.
"Director"
means the Community Development Director, or a designee of the Community Development Director.
"Housing development"
is a residential development project for five or more residential units, including mixed-use developments, as defined in Government Code Section 65915.
"Planned development"
is as defined in Civil Code Section 1351(k).
"Total units"
means a calculation of the number of units in a housing development, excluding units added by a density bonus award pursuant to this Chapter and including units designated to satisfy an inclusionary zoning requirement if applicable.
(Ord. 297 § 4, 2010; Ord. 435 § 1, 2023)
The City shall grant one density bonus, the amount of which shall be as specified in section 83.010720 and if requested by the applicant and consistent with the applicable requirements of this Chapter, incentives or concessions, as described in section 83.010725 reduced parking ratios, as described in section 83.010730, and waivers and reductions, as described in section 83.010735, if the housing development proposed by the applicant meets at least one of the following requirements:
A. 
A minimum of 5 percent of the total units of the housing development is restricted and affordable to very low-income households as defined in Health and Safety Code Section 50105.
B. 
A minimum of 10 percent of the total units of the housing development is restricted and affordable to lower income households as defined in Health and Safety Code Section 50079.5.
C. 
A minimum of 10 percent of the total units of the housing development is sold to moderate income households, as defined by Health and Safety Code Section 50093, provided that all units are offered to the public for purchase.
D. 
The housing development qualifies as a senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 or 799.5.
E. 
A minimum of 10 percent of the total units of a housing development are used for transitional foster youth, as defined by Education Code Section 66025.9, disabled veterans, as defined in Government Code Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), and are subject to a recorded affordability restriction of fifty-five (55) years and provided at the same affordability as very low income units.
F. 
All of the units of the housing development are used for students enrolled full-time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges, in which a minimum of 20 percent of the total dwelling units are for lower income households, with priority given to students experiencing homelessness (verified pursuant to Section 65195(b)(1)(f)(i) (IV) of the Government Code), and the rent for such units does not to exceed 30 percent of 65 percent of the area median income for a single-room occupancy unit type.
(Ord. 435 § 1, 2023)
If a project meets the requirements set forth in section 83.010715, the applicant shall be entitled to a density bonus calculated as set forth herein. Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.
A. 
100% Affordable Housing Development. If 100 percent of the units in the housing development are lower income or very low-income units, excluding manager's units, with up to 20 percent of the units for moderate income households, the City shall allow an 80 percent maximum density bonus and four (4) concessions or incentives meeting all the applicable eligibility requirements of this Chapter.
B. 
Very Low-Income Housing Development. A very low-income housing development that meets the requirements of section 83.010715A shall be entitled to the following density bonus calculation and number of incentives or concessions:
Very Low-Income Unit Percentage
Density Bonus
Incentives or Concessions
5% - 9%
20% - 30%
1
10% - 11%
32.5% - 35%
2
12% - 13%
38.75% - 42.5%
2
14%
46.25%
2
15% - 99%
50%
3
100% (Can include a combination of very low and low income, with up to 20% moderate income)
80%
4
C. 
Low income housing development. A low-income housing development that meets the requirements of section 83.010715B shall be entitled to the following density bonus calculation:
Low-Income Unit Percentage
Density Bonus
Incentives or Concessions
10% - 13%
20% - 24.5%
1
14% - 16%
26% - 29%
1
17% - 20%
30.5% - 35%
2
24% - 99%
50%
3
100% (Can include a combination of very low and low income, with up to 20% moderate income)
80%
4
D. 
Moderate income housing development. A moderate-income housing development that meets the requirements of section 83.010715C shall be entitled to the following density bonus calculation and number of concessions or incentives:
Moderate Income Unit Percentage
Density Bonus
Incentives or Concessions
10% - 15%
5% - 10%
1
16% - 19%
11% - 14%
1
20% - 29%
15% - 24%
2
30% - 35%
25% - 30%
3
36% - 42%
31% - 42.5%
3
43% - 44%
46.25 - 50%
3
45% - 99%
50%
3
100% (Can include a combination of very low and low income, with up to 20% moderate income)
80%
4
E. 
Senior citizen housing development. A senior citizen housing development that meets the requirements of section 83.010715D shall be entitled to a 20 percent density bonus. A 100% increase in density may be permitted in the City's RM-72C and RM-10M district.
F. 
Transitional housing development. A transitional housing development that meets the requirements of section 83.010715E shall be entitled to a 20 percent density bonus.
G. 
Student housing development. A student housing development that meets the requirements of section 83.010715F shall be entitled to a 35 percent density bonus and shall be entitled to one (1) concession or incentive.
(Ord. 435 § 1, 2023)
For purposes of this Chapter, concessions and incentives include the following:
A. 
A reduction in site development standards or a modification of zoning code requirements or architectural design 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, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code.
B. 
Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
C. 
Other regulatory incentives or concessions proposed by the developer or the city or county that result in identifiable and actual cost reductions 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 subdivision (c).
(Ord. 435 § 1, 2023)
If a housing development meets the requirements of section 83.010715, the following parking requirements apply. If the total number of parking spaces for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a housing development may provide onsite parking through tandem parking or uncovered parking, but not through on street parking.
A. 
General parking requirements. Upon an applicant's request, the City may not require more than the following parking ratios for housing developments (inclusive of parking for persons with disabilities):
Studio
1 space
1 Bedroom
1 space
2 Bedroom
1.5 spaces
3 Bedroom
1.5 spaces
4 Bedroom
2.5 Spaces
B. 
Special parking requirements. Notwithstanding subsection (A), upon the request of a developer, the City shall not impose a parking ratio, inclusive of parking for persons with a disability and guests, that exceeds the following for specified projects:
Rental or for-sale housing development with at least 11% very low income or 20% low-income units, within ½ mile of accessible major transit stop.
0.5 spaces per unit
For-sale housing development with at least 40 percent moderate-income units, within ½ mile of a major transit stop, as defined by Public Resources Code Section 21155(b), and where residents of the housing development have unobstructed access to the major transit stop.
0.5 spaces per bedroom
Rental housing development that is 100% affordable to lower income households, as defined by Health and Safety Code Section 50079.5, within ½ mile of accessible major transit stop.
0 spaces per unit
Rental senior citizen housing development that is 100% affordable to lower income households, either with paratransit service or within ½ mile of accessible bus route (operating at least eight times a day).
0 spaces per unit
Rental housing development that is 100% affordable to lower income households that is a special needs housing development, as defined in Health and Safety Code Section 51312.
0 spaces per unit
Rental housing development that is 100% affordable to lower income households that is a supportive housing development, as defined in Health and Safety Code Section 5675.14.
0 spaces per unit
C. 
The application of the ratios herein does not reduce or increase the number of incentives or concessions to which an applicant is entitled. An applicant may request parking incentives or concessions beyond those provided herein .
(Ord. 435 § 1, 2023)
If a development standard would physically prevent the housing development from being built at the permitted density and with the granted concessions or incentives, the developer may propose to have those standards waived or reduced. The City is not required to waive or reduce development standards that would cause a public health or safety problem, an environmental problem, harm historical property, or would be contrary to law. The waiver or reduction of a development standard does not count as a concession or incentive, and there is no limit on the number of development standard waivers that may be requested or granted.
(Ord. 435 § 1, 2023)
When an applicant for a tentative subdivision map, parcel map, or other housing development donates land to the City that meets the requirements of subsection A, the applicant shall be entitled to the density bonus calculations in subsection B.
A. 
Requirements. An applicant will be entitled to a density bonus if the land donation meets the following requirements:
1. 
The land is donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application to the City or to a housing developer approved by the City and by this time the transferred land shall have all permits and approvals, other than building permits, necessary for the development of the very low income housing, with the exception of any design review that would be allowed pursuant to Government Code Section 65583.2(I), as the same may be amended from time to time, if the design has not been reviewed prior to the time of transfer.
2. 
The zoning classification and general plan designation of the land is appropriate for affordable housing and the land is or will be served by adequate public facilities and infrastructure.
3. 
The transferred land is at least one acre in size or sufficient size to permit development of at least 40 units.
4. 
There are appropriate zoning and development standards to make the development of the affordable units feasible.
5. 
The transferred land is within the boundary of the proposed development. The applicant may submit a written request to the City to allow the transferred land to be located within ¼ mile of the boundary of the proposed project.
B. 
Density bonus. Land donations made in accordance with subsection A shall be entitled to the following density bonus calculation and number of concessions or incentives:
Low Income Units Percentage
Density Bonus
Incentives or Concessions
10% - 19%
15% - 24%
0
20% -29%
25% - 34%
0
30% +
35%
0
(Ord. 435 § 1, 2023)
When an applicant for a housing development includes a childcare facility that meets the requirements in subsection A, the applicant shall be entitled to the density bonus in subsection B:
A. 
Requirements. If an application for a housing development is submitted pursuant to this Chapter, and includes a childcare facility on the premises of, as part of, or adjacent to, the project, the City shall require as a condition of approval that the following occur:
1. 
The childcare facility shall remain in operation for a period that is as long as or longer than the period during which the density bonus units are required to remain affordable, pursuant to the State Density Bonus Law.
2. 
Of the children who attend the childcare facility, the children of very low-income households, lower income households, or families of moderate income 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 families of moderate income, pursuant to the State Density Bonus Law.
B. 
Density bonus and concessions or incentives. If a housing development meets the requirements of subsection A, then 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 childcare facility.
2. 
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
C. 
Notwithstanding any requirement of this section, the City shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.
(Ord. 435 § 1, 2023)
To receive a density bonus or concessions or incentives set forth in subsection B, an applicant shall meet the requirements for condominium conversions set forth in subsection A.
A. 
Requirements. An applicant proposing to convert apartments to condominiums shall meet the following requirements:
1. 
A minimum of 33 percent of the total units of the housing development shall be restricted and affordable to low-income or moderate-income households, or
2. 
A minimum of 15 percent of the total units of the housing development shall be restricted and affordable to lower-income households.
B. 
Density bonus or concessions or incentives. If an applicant satisfies the conditions in subsection A, the City shall grant a density bonus or other concessions or incentives of equivalent value. An applicant proposing to convert apartments to condominiums shall be ineligible for a density bonus, concession or incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus, concession or incentives were previously provided under this Chapter. A density bonus awarded pursuant to this section shall be equal to a 25 percent increase in units to be provided within the existing structure or structure proposed for conversion. For concessions or incentives, the City shall not be required to provide cash transfer payments or monetary compensation but may include reductions or waivers of requirements which the City might otherwise apply as conditions of conversion approval.
C. 
Nothing in this Chapter shall be construed to require the City to approve a proposal to convert apartments to condominiums.
(Ord. 435 § 1, 2023)
A. 
Requirements. To submit a complete application to the City for a density bonus and other concessions or incentives, the applicant shall:
1. 
Identify the section and/or subdivision of the State Density Bonus Law under which the application is made. See Government Code Section 65915, subdivision (b), paragraph (2) for requirements related to lower income households, very low income households, senior citizen housing development, transitional foster youth housing development, disabled veterans housing development, housing development for homeless persons, and moderate income common interest development; see Government Code Section 65915, subdivision (h) for donations of land; see Government Code Section 65915, subdivision (h) for child care facilities; and see Government Code Section 65915.5 for conversion of apartments to condominium projects.
2. 
Quantify the total density bonus requested, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.
3. 
Identify any incentives or concessions requested by the applicant, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.
4. 
Identify any waivers, reductions, or modifications of development standards requested by the applicant, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.
5. 
Provide a preliminary sketch plan showing the context and compatibility of the proposed project within the surrounding area, the number, type, size, and location of buildings, and parking. The design of proposed affordable dwelling units shall be compatible with the market-rate dwelling units within the project. If a project is submitted as part of a land use entitlement, the plan details shall include the requirements listed as part of that permit application.
6. 
Provide information satisfactory to the Director to enable the City to determine whether the requirements of the State Density Bonus Law and this code have been met by the applicant, including, for example, the project cost per unit and whether any requested incentive or concession is necessary to make the housing units economically feasible. (See Government Code Section 65915, subdivision (d).) Such information may include capital costs, equity investment, debt service, projected revenues, operating expenses, and any other information deemed necessary by the Director.
7. 
Make payment for the requisite fees in connection with the application.
B. 
Review. The Director shall review the information provided by the applicant and shall make a recommendation the decision-making body for the proposed project regarding the density bonus and any requested concessions, incentives, waivers, reductions, or modifications. To the extent the Director recommends the grant of a density bonus, concession, incentive, waiver, reduction, or modification, any such grant shall be conditioned upon the applicant's compliance with all relevant obligations set forth in the State Density Bonus Law and this code.
C. 
Approval. The decision-making body for the proposed project shall also make the final decision on behalf of the City related to any application submitted in accordance with this section based on the Director's recommendation and on substantial evidence. This Chapter shall not be interpreted to require that the City grant a concession or incentive that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or that would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
(Ord. 435 § 1, 2023)
A. 
Purpose and intent.
1. 
SB330 density bonus. Concurrent with the approval of any change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity), a density bonus in the amount of 1.3 units for land currently zoned for multiple family residential development shall be assigned up to the amount of residential units impacted by the change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity). This density bonus shall be available to applicants with a planning application for new residential development after the effective date of this section who desire to develop land currently zoned for multiple family residential development after the date of approval of the zone change resulting in a less intensive, nonresidential development (or other land use entitlement which will reduce housing capacity).
2. 
SB330 density credits. Concurrent with the approval of any general plan amendment or zoning ordinance amendment which will increase housing capacity above the amounts mandated for regional housing needs, a density credit shall be established equal to the amount of residential units created by the general plan amendment or zoning ordinance amendment that are above the amounts mandated for regional housing needs. The City Council may apply such density credit to any subsequent application for a general plan amendment or zoning ordinance amendment which would have the effect of reducing housing capacity. In no case shall such credit be used to reduce housing capacity below the amounts mandated for regional housing needs.
B. 
Authority. Authority for approval of a density bonus under the provisions of this section shall be vested with the planning commission.
C. 
Applicability. This density bonus shall be available to developers of multifamily residential housing dwelling units in land use districts that permit multiple family residential development and on properties of at least one-acre minimum.
D. 
Incentive. Developers may request a density bonus of thirty (30) percent above the allowable number of units for up to the number of residential units that have been impacted by the change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity).
E. 
Implementation.
1. 
An ordinance for the adoption of a change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity), shall include a determination establishing the existing residential capacity and identifying that these dwelling units will be made available for a residential density bonus pursuant to this section.
2. 
The total number of dwelling units allowed under this density bonus shall be calculated by multiplying the maximum density allowed under the applicable zoning designation (i.e., the maximum density listed in this title or the applicable specific plan designation), and multiplying the result by 1.3, for a thirty (30) percent density bonus up to the amount of residential units impacted by the change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity). If the result, including the density bonus, contains a fraction of a unit, the number of allowable units shall be determined by rounding down to the nearest whole number if the fraction is below one-half. Calculations containing fractions of one-half or above shall be rounded up.
F. 
This density bonus may be combined with other density bonus programs included in this article but the total density bonus shall not exceed one hundred (100) percent.
G. 
The development standards for density bonus projects shall be those of the applicable zoning classification.
H. 
The city's planning division shall publish the available number of units for the SB330 Density Credits or SB330 Density Bonus on the planning division's page on the city's website.
(Ord. 435 § 1, 2023)
A. 
Affordable units under this section shall be constructed at the same time as the market-rate units.
B. 
The right to a density bonus or any other concession, incentive, or waiver under this chapter shall not be transferred or linked to another development.
C. 
Where a developer proposes to simultaneously develop two or more parcels in the City, nothing in this section shall prohibit the City from using a density bonus and/or concession/incentive granted for one of the parcels on another of the multiple parcels.
D. 
The developer and/or property owner shall provide the City a yearly accounting of the total project units occupied and vacant, the total occupied and vacant units designated for households of moderate income, households of low income, and households of very low income.
E. 
An applicant shall agree to ensure that a for-sale unit that qualified the applicant for award of a density bonus meets either of the following conditions:
1. 
The unit is initially occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing cost and is subject to an equity sharing agreement, or
2. 
The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contact that satisfies all the requirements specified in paragraph 10 of subsection (a) of Section 402.1 of the Revenue and Taxation Code and that includes the restrictions set forth in Government Code Section 65915(c)(2).
F. 
An applicant shall agree to ensure the continuing affordability of all very low and low-income rental units that qualified the applicant of the award of the density bonus for fifty-five (55) years or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
G. 
The City may require a density bonus agreement or recorded affordability restrictions to effectuate any of the requirements of this Chapter and to ensure compliance therewith. Such agreements shall be on a form approved by the City Attorney.
(Ord. 435 § 1, 2023)