§ 9-31.020. Density Bonus, Incentives and Concessions, Waivers

A.

Granting of density bonus.

1.

Density Bonus. When a developer agrees to build a Housing Development, the City shall grant a density bonus based upon the following table:

Density Bonus
Income Category	Min. percent of affordable units	Bonus to be granted	Additional bonus for each 1% increase in affordable units above the minimum	Total maximum bonus
Very Low-Income	5%	20%	2.5%	35%
Low-Income	10%	20%	1.5%	35%
Moderate-Income (for-sale common interest development only)	10%	5%	1%	35%
100% Senior Citizen Housing Development or Senior Citizen Mobile Home Park	100%	20%	N/A	20%

 

2.

Additional Density. Density bonus in excess of the maximum specified in Section A.1 above is at the sole discretion of the City Council and may be approved only for housing developments affordable to low- and very low-income households upon the applicant demonstrating to the City Council that the project includes additional project benefits such as those included in the following non-exclusive list. However, in no event shall the total density of the site, including density bonus units, exceed 45 dwelling units per acre for non-age restricted housing developments and 50 dwelling units per acre for age restricted housing developments.

a.

The project is designed to a minimum of Leadership in Energy and Environmental Design (LEED) Silver standards.

b.

The project is ¼ mile or less from a transit stop.

c.

The project provides 50% or more of its paving surfaces as permeable.

d.

Trees are selected to be summer shading and planted in locations that achieve energy efficiencies through reducing the heat island effect by shading a minimum of 30% of paved surfaces at five years growth.

e.

There is at least a 25% increase in outdoor common areas and recreational space above that which would be required in the offset of a Cluster Development Permit.

f.

All units include at least 300 cubic feet of storage area by increasing the garage size over the minimum size required by the City's Development Code or providing private accessory storage areas.

g.

A community room of no less than 400 square feet is provided on-site.

3.

General Provisions.

a.

The applicant can select from only one of the income categories for which they seek a bonus density. The applicant cannot combine bonuses from different income categories.

b.

When calculating the number of permitted bonus or affordable units, any calculations resulting in fractional units must be rounded to the next larger whole number.

c.

The density bonus units may not be included when determining the number of affordable units necessary to qualify for a density bonus.

[ As an example, a residential project for which a density of 100 dwelling units would otherwise be allowable under the zoning will qualify for a 20% density bonus by providing 10% or 10 dwelling units as affordable to low-income households. With the density bonus, the total project size will be 120 dwelling units, of which 10 dwelling units must be affordable to low-income households, and 20 dwelling units are the density bonus units. ]

d.

An applicant may request a lesser density bonus than the bonus to which a project is entitled, but no reduction will be permitted in the number of affordable units required.

e.

The granting of any density bonus, incentive, or concession shall not in and of itself require the need for a general plan amendment, zone change, or other discretionary approval.

f.

Applicants shall ensure continued affordability and/or age restrictions of units as follows:

i.

The developer shall enter into a written Affordable Agreement or Senior Agreement with the City to either ensure continued affordability of the units or to maintain the availability of all senior units for a period of not less than 55 years.

ii.

Rents for the low-income units shall be set at an affordable rent.

iii.

Owner-occupied affordable units shall be available at an Affordable Housing Cost.

g.

When an applicant for a residential development approval donates land to the City for affordable housing, the housing development may be eligible for an additional density bonus, as specified in Government Code Section 65915(g).

h.

A residential development which contains the requisite number of affordable units pursuant to the requirements of this Chapter and which contains a childcare facility may be eligible for an additional density bonus or incentive, as specified in Government Code Section 65915(h).

i.

Condominium conversions qualifying as a Housing Project and containing the requisite number of affordable units may be eligible for a density bonus or incentive as specified in Government Code Section 65915.5.

B.

Granting of Incentives or Concessions.

1.

Quantity of Incentives or Concessions. When a developer agrees to build a housing development, the City shall grant incentives or concessions based upon the following table:

Requirements to Qualify for Incentives or Concessions
Income category	Minimum percentage of units needed to qualify for incentives or concessions
Very Low-Income	5%	10%	15%
Low-Income	10%	20%	30%
Moderate-Income (for-sale common interest development only)	10%	20%	30%
Maximum Allowable Number of Incentives or Concessions	1	2	3

 

2.

Types of Concessions/Incentives. The following is an exclusive list of the concessions/incentives that may be requested:

a.

Up to a 20% reduction in any of the following setbacks (each reduction is one concession):

i.

Front yard setback.

ii.

Rear yard setback.

iii.

Side yard setback.

iv.

Accessory structure setback.

b.

Up to a 20% increase in the maximum allowed building height.

c.

Up to a 20% decrease in on-site allowed structure separation (each individual building separation is one concession).

d.

Up to a 20% decrease in minimum lot sizes.

e.

Increase in allowed duplex units up to a maximum of 40% of the total number of units in the project.

f.

Up to a 10% reduction in the required length of the driveway in front of the required garage parking.

g.

Up to a 20% reduction in the required rear open yard area.

h.

Up to a 20% increase in the maximum front yard paved area.

3.

Decline to Grant. The City may decline to grant a requested incentive or concession if written findings based upon substantial evidence are made by the City Council stating any of the following:

a.

The incentive or concession is not necessary in order to provide for affordable housing costs or affordable rents for the targeted units as defined in State Law.

b.

The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

c.

The concession or incentive would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

d.

The concession or incentive would be contrary to State or Federal Law.

C.

Waivers. An applicant may submit to the City a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a housing development meeting the criteria of Section 9-31.020.A.1 of this Chapter, exclusive of any additional density bonus that may be granted under Section 9-31.020.A.2, or with the concession or incentives permitted under Section 9-31.020.B of this Chapter, and may request a meeting with the City. Projects only qualify for a waiver if no feasible design alternatives or product types are available to construct the housing development in compliance with the development standard(s) requested to be waived. The City may decline to grant a requested waiver if:

1.

The development standard for which a waiver is requested does not physically preclude the construction of the development of the project at the density allowed by Section 9-31.020.A.1 of this Chapter (exclusive of any additional density bonus allowed under Section 9-31.020.A.2 of this Chapter) or this allowed density can be obtained by altering the site design or product type proposed by the applicant;

2.

The waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3.

The waiver or reduction of a development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

4.

The waiver or reduction would be contrary to State or Federal Law.

(Exh. A, Ord. 1157, eff. July, 22, 2010)