Chapter 9.31
Density Bonuses Revised 5/25
Sections:
9.31.010 Purpose Revised 5/25
9.31.020 Eligibility for Density Bonus Revised 5/25
9.31.030 Allowed Density Bonuses Revised 5/25
9.31.040 Allowed Incentives or Concessions Revised 5/25
9.31.050 Bonus and Incentives for Housing with Childcare Facilities Revised 5/25
9.31.060 Continued Availability Revised 5/25
9.31.070 Location and Type of Designated Units Revised 5/25
9.31.080 Processing of Bonus Requests Revised 5/25
9.31.090 Control of Resale Revised 5/25
9.31.100 Judicial Relief, Waiver of Standards Revised 5/25
9.31.010 Purpose Revised 5/25
This Chapter is intended to implement the requirements of State Density Bonus Law under provisions of Government Code Section 65915, et seq., and the Housing Element of the City’s General Plan to assist with the development of housing above the maximum allowable residential density. If any portion of this Chapter conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this Chapter. Any ambiguities in this Chapter shall be interpreted to be consistent with State Density Bonus Law. Statutory references in this Chapter include successor provisions. (Ord. 1575, eff. 5/16/2025)
9.31.020 Eligibility for Density Bonus Revised 5/25
In order to be eligible for a density bonus and other incentives or concessions as provided by this Chapter, a proposed housing development shall comply with requirements set forth in State law and satisfy all other applicable provisions of this Land Use Code, except as provided by Section 9.31.040 (Allowed Incentives or Concessions), and is not ineligible pursuant to Government Code Section 65915(c)(3).
A. Resident requirements. The housing development shall be designed and constructed so that:
1. At least 10 percent of the total number of proposed units are for lower-income households, as defined in Health and Safety Code Section 50079.5; or
2. At least five percent of the total number of proposed units are for very low-income households, as defined in Health and Safety Code Section 50105; or
3. The project is 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 Section 798.76 or 799.5 of the Civil Code. For purposes of this subsection, "development" includes a shared housing building development; or
4. Ten percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code; provided, that all units in the development are offered to the public for purchase; or
5. Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.). The units described in this subsection are subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low-income units; or
6. Twenty percent of the total units for lower income students in a student housing development that meet the requirements of Government Code Section 56915(b)(F) et seq.; or
7. One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households as defined in Section 50053 of the Health and Safety Code. For purposes of this subsection, "development" includes a shared housing building development.
B. Minimum project size to qualify for density bonus. The density bonus provided by this Chapter shall be available only to a housing development of five or more dwelling units, the characteristics of which shall comply with Government Code Section 65915(i).
C. Condominium conversion projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements in Government Code Section 65915.5. (Ord. 1575, eff. 5/16/2025)
9.31.030 Allowed Density Bonuses Revised 5/25
A. The amount of a density bonus allowed with a housing development shall be determined by the City in compliance with Government Code Section 65915(f) through (h), inclusive.
B. Greater or lesser bonuses. The City Council may choose to grant a density bonus greater than provided by this Section for a development that meets the requirements of this Section or grant a proportionately lower density bonus than required by this Section for a development that does not comply with the requirements of this Section. A density bonus that comports with this Section shall otherwise be granted by the review authority overseeing the project approval.
C. Density bonus calculations. The calculation of a density bonus in compliance with this subsection that results in fractional units shall be rounded up to the next whole number, as required by State law.
D. Requirements for amendments or discretionary approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Local Coastal Plan amendment, zoning change, or other discretionary approval. (Ord. 1575, eff. 5/16/2025)
9.31.040 Allowed Incentives or Concessions Revised 5/25
A. Applicant request and city approval. An applicant may submit to the City a proposal for the specific incentives or concessions listed in subesction (C) of this Section that the applicant requests in compliance with this Section. The Review Authority shall grant an incentive or concession request that complies with this Section unless the Council makes either of the following findings in writing, based upon substantial evidence:
1. The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k) of Government Code Section 65915, to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Section 9.31.020; or
2. The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property 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- and moderate-income households;
3. The concession or incentive would be contrary to State or Federal law.
B. Number of incentives. The applicant shall receive the following number of incentives or concessions consistent with Government Code Section 65915(d)(2) as may be amended from time to time:
1. One incentive or concession 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, or at least 20 percent of the units for lower income students in a student housing development.
2. Two incentives or concessions for a project that includes 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 .
3. Three incentives or concessions for a project that includes 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.
4. 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.
5. Five incentives or concessions for a project meeting the criteria of Government Code Section 65915(b)(1)(G). If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
C. Type of incentives. The City may, at its sole discretion, grant a density bonus exceeding the State minimum requirements where the applicant agrees to construct a greater number of affordable housing units than required pursuant to Section 9.31.020 and necessary to qualify for the density bonus under this Section. If such additional density bonus is granted by the City and accepted by the applicant, the additional density bonus shall be considered an additional concession or incentive for purposes of Government Code Section 65915. For purposes of this Section, a "concession" or "incentive" shall mean any reduction in site development standards or any modification of zoning or architectural design requirements necessary pursuant to California Government Code Sections 65915(d) and (e) to facilitate the construction of the residential development project at the densities provided for in California Government Code Section 65915.
D. The City shall not apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria in subsection (B) of this Section at the densities or with the concessions or incentives permitted by this Section. An applicant may submit a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subsection (B) of this Section at the densities or with the concessions or incentives permitted under this Section. Notwithstanding, the City may reject portions of the proposal that would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; that would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or that would be contrary to State or Federal law.
E. Effect of incentive or concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval. (Ord. 1575, eff. 5/16/2025)
9.31.050 Bonus and Incentives for Housing with Childcare Facilities Revised 5/25
A housing development that complies with the resident and project size requirements of Section 9.32.020 and also includes as part of that development a licensed childcare facility other than a large or small family day care home, that will be located on the site of, as part of, or adjacent to the development shall be subject to the following additional bonus, incentives, and requirements.
A. Additional bonus and incentives. The City shall grant a housing development that includes a childcare facility in compliance with this Section either of the following:
1. An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the childcare facility; or
2. An additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
B. Requirements to qualify for additional bonus and incentives. The City shall require, as a condition of approving the housing development, that:
1. The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with Section 9.31.060 (Continued Availability); and
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 in compliance with Section 9.31.020.
The City shall not be required to provide a density bonus for a childcare facility in compliance with this Section if it finds, based upon substantial evidence, that the community has adequate childcare facilities. (Ord. 1575, eff. 5/16/2025. Formerly 9.31.060)
9.31.060 Continued Availability Revised 5/25
A. Duration of affordability. The applicant shall agree to, and the City shall ensure the continued availability of the units that qualified the housing development for a density bonus and other incentives and concessions pursuant to Government Code Sections 65915 through 65917.2, inclusive.
B. Rent cost requirements. The rents charged for the housing units in the development that qualify the project for a density bonus and other incentives and concessions shall comply with Government Code Section 65915(c)(1)(B).
C. Occupancy and resale of moderate-income for sale units. An applicant shall agree to enter an Affordable Housing Regulatory Agreement with conditions complying with Government Code Section 65915(c)(2). (Ord. 1575, eff. 5/16/2025. Formerly 9.31.070)
9.31.070 Location and Type of Designated Units Revised 5/25
The location, timing of construction, unit size, unit type, exterior appearance and development standards shall be as required by Section 9.32.030. (Ord. 1575, eff. 5/16/2025. Formerly 9.31.080)
9.31.080 Processing of Bonus Requests Revised 5/25
Requests for a density bonus and other incentives shall be evaluated and decided as required by Section 9.32.110 (Administration of Inclusionary Units). In addition, an application for a density bonus, incentive, concession, waiver, or modification pursuant to this Section shall be submitted in conjunction with the project application and shall be processed concurrently with all other applications required for the project in the manner provided for in the City’s code. The administrative fee shall be set by resolution. The application shall be submitted on a form provided by the City and shall include, at a minimum, the following information:
A. A site plan showing the total number of units, the number and location of the units dedicated pursuant to California Government Code Section 65915(b), and the number and location of the proposed density bonus units;
B. The level of affordability of the dedicated units;
C. A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. If the applicant is requesting concessions or incentives identified in Section 9.31.040(B)(2), the application shall also include reasonable information demonstrating to the City that the requested concession or incentive results in an identifiable, financially sufficient, and actual cost reduction. Where the applicant is requesting the modification or waiver of a development standard or a zoning or architectural design requirement, the applicant shall submit evidence demonstrating that the application of the subject standard or requirement would preclude construction of the project at the densities provided for in California Government Code Section 65915 and that the waiver or modification is necessary to make development of the project financially feasible.
D. If a density bonus is requested for a land donation pursuant to California Government Code Section 65915(h), the application shall show the location of the land to be dedicated and provide evidence that the requirements of Section 65915(h) have been met, thus entitling the project to the requested density bonus.
E. If a density bonus is requested for construction of a childcare facility pursuant to California Government Code Section 65915(I), the application shall show the location and square footage of the proposed facility and provide evidence that the requirements of Section 65915(h) have been met, thus entitling the project to the requested density bonus. (Ord. 1575, eff. 5/16/2025. Formerly 9.31.090)
9.31.090 Control of Resale Revised 5/25
In order to maintain the availability of for-sale affordable housing units constructed in compliance with this Chapter, the requirements of Section 9.32.090(A) and (B) shall apply. (Ord. 1575, eff. 5/16/2025. Formerly 9.31.100)
9.31.100 Judicial Relief, Waiver of Standards Revised 5/25
A. Judicial relief. The applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession.
B. Waiver of standards preventing the use of bonuses, incentives, or concessions.
1. As required by Government Code Section 65915(e), the City will not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of Section 9.31.020(A) at the densities or with the concessions or incentives permitted by this Chapter.
2. An applicant may submit to the City a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum lot size, side yard setbacks, and placement of public works improvements.
3. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.
C. City exemption. Notwithstanding the provisions of subsections (A) and (B) of this Section, nothing in this Section shall be interpreted to require the City to:
1. Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or
2. Grant a density bonus, incentive or concession, or waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (Ord. 1575, eff. 5/16/2025. Formerly 9.31.110)