§ 18.107.150. State incentives for affordable housing—Density bonus.

This section describes those density bonuses provided pursuant to Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. These density bonuses shall be provided, at the request of an applicant, when that applicant complies with the requirements of this chapter.

A.

A residential project resulting in a net increase of at least five dwelling units is eligible for a density bonus of twenty percent if the applicant seeks and agrees to construct any of the following:

1.

At least ten percent of the total dwelling units of the residential project as target units affordable to low income households at an affordable rent or affordable sales price; or

2.

At least five percent of the total dwelling units of the residential project as target units affordable to very low income households at an affordable rent or affordable sales price; or

3.

A senior citizen residential project.

B.

A residential project resulting in a net increase of at least five dwelling units is eligible for a density bonus of five percent if the applicant seeks and agrees to provide all of the following:

1.

At least ten percent of the total dwelling units of the residential project as target units for sale to moderate income households at an affordable sales price; and

2.

The residential project is a common interest development as defined by Civil Code Section 1351; and

3.

All of the dwelling units in the residential project are offered to the public for purchase.

C.

The density bonus for which the residential project is eligible shall increase if the percentage of very low income, low income, or moderate income target units exceeds the base percentages established in subsections (A) and (B) above, as follows:

1.

For each one percent increase above five percent in the percentage of target units affordable to very low income households, the density bonus shall be increased by 2.5 percent, up to a maximum of thirty-five percent.

2.

For each one percent increase above ten percent in the percentage of target units affordable to low income households, the density bonus shall be increased by 1.5 percent, up to a maximum of thirty-five percent.

3.

For a residential project that is a qualified common interest development pursuant to subsection (B) above, for each one percent increase above five percent in the percentage of target units for sale to moderate income households at an affordable sales price, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent.

The following table summarizes available state density bonuses:

State Density Bonuses (California Government Code Section 65915)

Affordability Category	Minimum % Target Units	Bonus Granted	Additional Bonus for Each 1% Increase in Target Units	% Target Units Required for Maximum 35% Bonus
Very Low-Income	5%	20%	2.5%	11%
Low-Income	10%	20%	1.5%	20%
Moderate-Income (for-sale, common interest development only)	10%	5%	1%	40%
Senior Citizen Residential Project	100%	20%	—	—

 

D.

Calculation of state density bonuses is subject to the following provisions:

1.

Each residential project is entitled to only one density bonus. Where a residential project qualifies for a state density bonus under more than one category as described in subsections (A) through (C) above, the category pursuant to which the density bonus shall be granted shall be elected by the applicant, and density bonuses from more than one category may not be combined.

2.

In determining the number of density bonus units to be granted pursuant to this section, any fractions of dwelling units shall be rounded to the next whole number.

3.

Density bonus units authorized by this section shall not be included when determining the number of target units required to qualify for the density bonus. When calculating the required number of target units, any calculations resulting in fractional dwelling units shall be rounded to the next whole number.

4.

The applicant may request a lesser density bonus than the residential project is entitled to, but no reduction will be permitted in the percentages of required target units pursuant to subsections (A) and (B) above. Regardless of the number of target units, no residential project shall be entitled to a density bonus of more than thirty-five percent.

E.

Target units shall conform to the following standards:

1.

Moderate income target units shall remain restricted and affordable to moderate income households for a period of forty years (or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program). Very low and low income target units shall remain restricted and affordable to the designated group for a period of thirty years (or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program). Except as set forth in this subsection (E), all target units shall conform with the provisions for continued affordability included in Section 18.107.140.

2.

Target units shall be comparable in number of bedrooms, exterior appearance and overall quality of construction to market rate units in the same residential project. Target units shall be dispersed throughout the residential project, or, subject to the approval of the planning director, may be clustered within the residential project when this furthers affordable housing opportunities.

F.

Certain other types of development activities are specifically eligible for a density bonus:

1.

A residential project may be eligible for a density bonus in return for land donation pursuant to the requirements set forth in Government Code Section 65915(g).

2.

A residential project that contains a child care facility as defined by Government Code Section 65915(h) may be eligible for an additional density bonus or incentive pursuant to the requirements set forth in that section.

3.

Condominium conversions may be eligible for a density bonus or incentive pursuant to the requirements set forth in Government Code Section 65915.5.

(Ord. No. 1334, § 3, 1-19-2010)

(Ord. No. 1386, § 3, 12-10-2013)