HomeMy WebLinkAbout5.1 Density Bonus Regulations Amendments — Dublin Municipal Code Chapter 8.52 (PLPA-2019-00039)Page 1 of 5
STAFF REPORT
PLANNING COMMISSION
DATE: October 22, 2019
TO: Planning Commission
SUBJECT:
Density Bonus Regulations Amendments — Dublin Municipal Code
Chapter 8.52 (PLPA-2019-00039)
Prepared by:Jim Bergdoll, Senior Planner
EXECUTIVE SUMMARY:
The City has initiated amendments to the Zoning Ordinance to update the Density
Bonus Regulations in the Dublin Municipal Code (DMC). As proposed, DMC Chapter
8.52 would be deleted in its entirety and replaced with new density bonus regulations to
provide consistency with state law. The proposed amendments are exempt from the
requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA
Guidelines Section 15061(b)(3). The Planning Commission will review the proposed
Zoning Ordinance Amendments and make a recommendation to the City Council.
RECOMMENDATION:
Conduct the public hearing, deliberate, and adopt a Resolution recommending City
Council approval of amendments to Dublin Zoning Ordinance Chapter 8.52 (Density
Bonus Regulations) effective city-wide.
PROJECT:
The City has initiated amendments to the Zoning Ordinance to update Dublin Municipal
Code (DMC) Chapter 8.52 (Density Bonus Regulations). The proposed amendments
would delete current Density Bonus Regulations in their entirety and replace them with
new regulations to provide consistency with State Density Bonus Law.
State Density Bonus Law (Government Code Sections 65915 through 65918) was first
enacted in 1979 and has been amended numerous times to provide housing d evelopers
the right to build additional homes, and obtain other favorable local development
considerations, in exchange for building affordable or senior housing. In order to
receive a density bonus, certain minimum thresholds of affordable housing, senio r
housing, or child care facilities must be proposed. Per state law, the minimum affordable
housing threshold to qualify for a density bonus, or to receive incentives and
concessions, is five percent very low income units, 10 percent low income units, or 10
percent moderate income units (for-sale only). The applicant must choose a density
bonus from only one affordability category. A density bonus over and above local
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maximum allowable General Plan densities is available along with incentives,
concessions, waivers, and parking reductions if the existing regulations make the
project financially infeasible or physically difficult to build at the proposed density. The
minimum density bonus granted depends on the type of housing and level of
affordability, with a maximum density bonus of 35 percent.
The City of Dublin last adopted amendments to its Density Bonus Regulations in March
2007. Since that time a number of additions and amendments have been made to
State Density Bonus Law, including the following:
· Increased the required affordability term to 55 years from the previous 30 -year
minimum length.
· Clarified the law to encourage the development of affordable and senior housing
by allowing additional parking reductions for affordable housing and projec ts near
major transit stops and a new development bonus for commercial developers
who enter into agreements to construct affordable housing partnered with their
commercial projects.
· Expanded the density bonus to a wider range of housing projects and
strengthened procedures to make the density bonus more workable for
developers. This included granting a density bonus for affordable student
housing, allowing the density bonus to be provided through a floor area ratio
bonus for certain transit-adjacent projects, and requiring local jurisdictions to
provide developers with more comprehensive information about their density
bonus rights.
· Increased the maximum density bonuses for projects entirely comprised of
affordable housing.
The City of Dublin Housing Element, adopted in November 18, 2014, includes Program
7: Density Bonuses, which specifies that the City will review and revise the Density
Bonus Regulations as necessary to comply with state law.
ANALYSIS:
Following is a summary of the key changes, which have been incorporated into the draft
Density Bonus Ordinance (refer to Attachment 1 for the text of the proposed Ordinance
and Attachment 2 for the text of State Density Bonus Law):
· Expands the application of Density Bonus Law to housing developments where
at least 10 percent of the units are made available for transitional foster youth,
disabled veterans, or homeless persons, and rents are restricted at the very low
income level. Those projects are entitled to a maximum of 20 percent density
bonus.
· Limits the ability of cities and counties to deny requests for incentives and
concessions. Such requests can only be denied when the incentive and/or
concession would not result in identifiable and actual cost reductions.
· Clarifies that an applicant may elect to receive no density bonus at all, while
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receiving other benefits of the law.
· Allows a mixed-use development to qualify for a density bonus.
· Provides a development bonus to a commercial developer who partners with
housing developers to construct affordable housing either on the commercial site
or at an appropriate offsite location. The development bonus may include up to a
20 percent increase in development intensity, floor area ratio, or height limits, up
to a 20 percent reduction in parking requirements, or an exception to a zoning
ordinance or land use requirement, as mutually agreed upon by the developer
and jurisdiction.
· Lowers the maximum parking ratios for mixed -income projects with at least 11
percent very low income or 20 percent lower income units within ½ mile of an
accessible major transit stop, 100 percent affordable housing rental projects
within ½ mile of accessible major transit stop, and affordable senior and special
needs housing projects. Stipulates that the parkin g maximums include guest and
handicapped spaces.
· Clarifies that a request for a parking reduction does not count toward the
incentives and concessions to which an applicant is entitled.
· Clarifies the Density Bonus Law requirements for replacement of ex isting
housing units.
· Provides greater certainty to a developer submitting a density bonus application
by identifying what information must be submitted for a complete density bonus
application. Once the application is determined to be complete, the law also
requires the local government to notify the developer of the level of density bonus
and parking ratio the development is eligible to receive. If the developer requests
incentives, concessions, waivers or reductions of development standards, the
local jurisdiction is now required to notify the developer if it has submitted
sufficient information necessary for the local government to make a
determination on those issues.
· Eliminates the requirement in the Zoning Ordinance that units satisfying the
City’s Inclusionary Zoning Regulations are not counted towards eligibility for a
density bonus. In 2013, an Appellate Court in Latinos Unidos v. County of Napa
held that the affordable units used to satisfy the local inclusionary zoning
ordinance also qualify a project for a density bonus (as long as they meet both
standards).
· Eliminates specific reference to affordable housing projects that include child
care facilities. State Density Bonus Law continues to provide a density bonus for
affordable housing projects that include a child care facility. Most of the details
regarding density bonuses for residential development were replaced with
references to State Density Bonus Law to simplify the ordinance and prevent
future inconsistencies.
A Planning Commission resolution recommending approval by the City Council is
included as Attachment 3.
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING
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ORDINANCE:
The proposed Zoning Ordinance Amendments would be consistent with the Dublin
General Plan and all applicable Specific Plans, as they would implement Housing
Program 7: Density Bonuses by updating the City’s Density Bonus Regulations and
ensuring that they are consistent with State Density Bonus Law. In addition, the
proposed amendments would be consistent with the following Housing Element policies:
Supporting Housing Element Policies:
Policy A.1: Ensure the provision of a variety of housing types to fulfill regional housing
needs.
Policy A.2: Facilitate development of affordable housing through use of financial and/or
regulatory incentives, where appropriate and subject to funding availability.
Policy A.3: Maintain streamlined procedures for processing new residential
development applications.
Policy A.5: Promote affordable housing opportu nities within mixed-use areas adjacent
to public transportation and within walking or cycling distance to places of employment,
commerce, recreation and near services.
Policy B.1: Encourage development of affordable housing by non -profit organizations
primarily engaged in housing construction or management.
Policy B.2: Provide ongoing support to affordable housing developers.
Policy B.3: Negotiate with developers to encourage the provision of housing that is
affordable to extremely low income households.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a notice regarding this Public Hearing was published in
the East Bay Times and posted at several locations throughout the City. The Staff
Report for this public hearing was also available on the City’s website.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and
City CEQA Guidelines and Procedures, require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. This Ordinance
is exempt from CEQA per CEQA Guidelines Section 15061(b)(3), because the
Ordinance, in itself, does not allow construction of any building or structure, but sets
forth regulations that shall be followed. This Ordinance, therefore, has no potential for
resulting in significant physical change in the environment, directly or indirectly.
Additionally, in future individual projects, the granting of a density bonus, and incentives
and concessions, in and of themselves, are not considered discretionary approvals and,
therefore, are not subject to CEQA. Projects in a Specific Plan area proposing density
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over and above that allowed by the General Plan limits may be exempt from further
CEQA analysis if the base project conforms to the previously adopted environmental
document prepared for the Specific Plan.
ATTACHMENTS:
1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52
2. California State Density Bonus Law Text (Gov Code Sections 65915-65918)
3. Planning Commission Resolution recommending City Council Approval of
Amendments to the Dublin Zoning Ordinance Chapter 8.52
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ORDINANCE NO. xx - 19
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*************************
APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTER 8.52
(DENSITY BONUS REGULATIONS) EFFECTIVE CITY-WIDE
PLPA-2019-00039
WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to
clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains current
with California state law, internally consistent, simple to understand and implement, and
relevant to changes occurring in the community; and
WHEREAS, the City of Dublin Housing Element includes Program 7: Density Bonuses,
which requires that the City review and revise the Density Bonus Regulations as necessary to
comply with state law; and
WHEREAS, Sections 65915 through 65918 of the California Government Code
commonly referred to as “State Density Bonus Law” establishes the state-wide requirements
for density bonus and other incentives; and
WHEREAS, in response to the City’s Housing Element program and amendments to
state law, Chapter 8.52 (Density Bonus Regulations) requires updates to be consistent with
state law; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October
22, 2019, during which time all interested parties had the opportunity to be heard, and
adopted Resolution No. 19-xx, forwarding a recommendation to the City Council to adopt the
proposed Zoning Ordinance Amendments; and
WHEREAS, a Staff Report was submitted to the Dublin City Council recommending
approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the City Council held a public hearing on the proposing Zoning Ordinance
Amendments on _________, at which time all interested parties had the opportunity to be
heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the City Council did hear and consider all said reports, recommendations
and testimony herein above set forth and used its indepe ndent judgment to evaluate the
project.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as
follows:
5.1.a
Packet Pg. 16 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments)
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Section 1: Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council
hereby finds that the Zoning Ordinance Amendments are consistent with the Dublin General
Plan and all applicable Specific Plans in that the Amendments are necessary to comply with
State law and are consistent with applicable land use regulations and development policies.
Section 2: The California Environmental Quality Act (CEQA), together with State Guidelines
and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. Pursuant to the
CEQA, the City Council hereby finds the project exempt in accordance with CEQA Guidelines
Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of
the Dublin Municipal Code (Zoning Ordinance) will not have a significant effect on the
environment. The adoption of the proposed Ordinance does not, in itself, allow the
establishment of any use or the construction of any building or structure, but sets forth the
regulations that shall be followed if and when a development of housing is proposed. This
Ordinance of itself, therefore, has no potential for resulting in significant physical change in the
environment, directly or ultimately.
Section 3: Chapter 8.52 of the Dublin Municipal Code is hereby deleted in its entirety and
replaced with the following:
Chapter 8.52
DENSITY BONUS REGULATIONS
8.52.010 Purpose.
A. Provide for the development of affordable housing through the state-mandated density
bonus program.
B. Provide incentives to developers for the production of housing affordable to very low
income households, lower income households, moderate income households, senior citizens,
transitional foster youth, disabled veterans and homeless persons, and the development of
child care facilities.
C. Implement the goals, objectives, and policies of the Housing Element of the City’s General
Plan, as amended.
D. Implement Sections 65915 through 65918 of the California Government Co de, as
amended, or successor provisions (“State Density Bonus Law”).
E. 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 chapter that would not arise independently of the prov isions of
this chapter.
8.52.020 Definitions
All terms used herein shall have the same meanings as set forth in the State Density Bonus
Law. In addition, the following terms which are used in this chapter shall have the meaning
established by this section:
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Packet Pg. 17 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments)
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A. “Child care facility” means a child day care 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.
B. “Conversion” means the change of status of a dwelling unit from a for-sale unit to a rental
unit or vice versa.
C. “Density bonus” means a density increase over the otherwise allowable maximum
residential density for a housing development or, if elected by the applicant, a lesser
percentage of density increase, including, but not limited to, no increase in density.
D. “Density bonus dwelling units” means those residential units granted pursuant to the State
Density Bonus Law and the provisions of this chapter which are in excess of the maximum
allowable residential density of the project site.
E. “Density bonus housing agreement” means a legally binding agreement between an
applicant and the City to ensure that the requirements of this chapter are satisfied with respect
to a density bonus housing project.
F. “Density bonus housing project” means a residential development project of at least five (5)
units, which receives a density bonus, incentives or concessions, waiver or modification of
development standards, or favorable parking requirements pursuant to this chapter.
G. “Dwelling unit” means any building or portion thereof which contains living facilities,
including provisions for sleeping, eating, cooking, and sanitation, for one family.
H. “For-sale unit” means a dwelling unit, including an attached or detached single-family
home, condominium, stock cooperative or community apartment, which is offered for sale to
individual buyers.
I. “Incentives” means concessions and incentives as described in Government Code Section
65915(k), granted by the City in accordance with the State Density Bonus La w and this
chapter.
J. “Lower income household” shall have the meaning as defined in California Health and
Safety Code Section 50079.5.
K. “Market rate unit” means a dwelling unit where the rental rate or sales price is not
restricted either by this chapter, or by requirements imposed through local, state, federal, or
other affordable housing programs.
L. “Moderate income household” shall have the meaning as defined in California Health and
Safety Code Section 50093.
M. “Rental unit” means a dwelling unit that is not a for-sale unit.
N. “Residential development” means any new residential construction of rental or for-sale
units; or revisions to existing developments, including those with and without a master plan or
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Packet Pg. 18 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments)
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specific plan, planned development zoning, Site Development Review Permits, mobile home
developments and conversions of apartments to condominiums.
O. “State Density Bonus Law” means Sections 65915 through 65918 of the California
Government Code, or successor provisions, as such law may change from time to time.
P. “Target dwelling unit” means a dwelling unit that will be offered for rent or sale exclusively
to and which shall be affordable to the designated income group or qualified resident, as
required by this chapter.
Q. “Very low income household” shall have the meaning as defined in California Hea lth and
Safety Code Section 50105. For purposes hereof, very low income households shall include
extremely low income households, as defined in California Health and Safety Code Section
50106.
R. “Waiver” means waiver or reduction of development standards as described in
Government Code Section 65915(e), granted by the City in accordance with the State Density
Bonus Law and this chapter.
8.52.030 Density Bonus for Residential Development
The City shall grant a density bonus or incentives and concessions to applications for
residential development projects, as and to the extent required pursuant to the State Density
Bonus Law.
8.52.040 Density Bonus for Condominium Conversions
The City shall grant a density bonus or incentives and concessions to applications to convert
an apartment to a condominium, as and to the extent required pursuant to the State Density
Bonus Law, and subject to Chapter 8.54 (Condo Conversion Regulations).
8.52.050 Density Bonus for Commercial Projects
The City shall grant a development bonus to commercial applicants who partner with housing
developers for construction of housing (where at least a portion of the units are for restricted
income), as and to the extent required pursuant to the State Density Bonus Law.
8.52.060 Density Bonus for Land Donation
The City shall grant a density bonus or other incentives and concessions to applicants who
donate land for the actual development of affordable units, as and to the extent required
pursuant to the State Density Bonus Law.
8.52.070 Parking
Upon a written request of an applicant who has qualified for a dens ity bonus, the City shall
require a vehicular parking ratio for the project, inclusive of handicapped and guest parking,
which does not exceed the parking ratios establish ed pursuant to the State Density Bonus
Law, unless a City parking study supports the need for a higher vehicular parking ratio as
allowed under the State Density Bonus Law.
8.52.080 Waiver or Reduction of Development Standards
An applicant who has qualified for a density bonus may request a waiver or reduction of City
development standards that will have the effect of physically precluding the construction of the
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Packet Pg. 19 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments)
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development project at the densities or with the incentives and concessions permitted pursuant
to this chapter, as and to the extent required pursuant to the State Density Bonus Law.
8.52.090 Density Bonus Housing Project Standards.
A. Timing. Target dwelling units shall be constructed concurrently with market rate dwelling
units unless both the final decision-making authority of the City and the applicant agree to an
alternative schedule for development.
B. Affordability. Target dwelling units shall remain restricted and affordable in accordance
with the requirements of the State Density Bonus Law.
C. Siting. Target dwelling units and density bonus dwelling units shall be built within the
site of the density bonus housing project unless requirements are fulfilled pursuant to
Regulations for Land Donation.
D. Development Standards. Density bonus housing projects shall comply with all
applicable development standards of the City, except those which have been modified as
incentives or concessions or through a development standard waiver or modifications, as
provided in this chapter.
E. Design. The design of all units within a density bonus housing project shall be
consistent with the General Plan, any applicable specific plan, the Zoning Ordinance or
applicable planned development zoning, and any applicable design standards as adopted by
the City Council. The distribution of the size of target dwelling units, as measured by the
number of bedrooms in a target dwelling unit, shall be in the same proportion as the
distribution of the size of market rate units within the development, as measured by the
number of bedrooms in the market rate units. Residents of target dwelling units shall be
entitled to use all of the same amenities and facilities of the residential development as
residents of market rate units within the residential development.
F. Building and Housing Codes. Density bonus housing projects must conform to the
requirements of all applicable building and housing codes.
8.52.100 Expiration of Affordability Tenure
The owner of rental target dwelling units shall provide all notices and rights to tenants required
to be given prior to and upon the expiration of affordability covenants pursuant to Government
Code Section 65863.10 or a successor statute.
8.52.110 Density Bonus Application; General
A. All projects requesting a density bonus, incentives and concessions, waiver or
modification of development standards, or favorable parking requirements pursuant to this
chapter, shall be required to comply with the following application requirements.
B. Target dwelling units proposed to be developed onsite shall be designated on the
project plans and shall be processed under a Site Development Review Permit application in
addition to the otherwise required project development application(s) (i.e., tentative maps,
parcel maps, planned development zoning and Conditional Use Permits). The Site
Development Review Permit shall be processed pursuant to Chapter 8.104. No additional
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Packet Pg. 20 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments)
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hearings or approvals shall be required, except as provided herein with regard to the provision
of financial incentives.
C. If the application involves a request to the City for direct financial incentives, then any
action by the Planning Commission on the application shall be advisory only, and the City
Council shall have the authority to make the final decision on the Site Development Review
Permit application and any related discretionary permits.
8.52.120 Preliminary Application
An applicant proposing a density bonus may submit a Preliminary Application prior to the
submittal of any formal requests for approvals of such housing development. To the extent
possible, applicants shall combine into a single integrated Preliminary Application the
information required below and the information required for an inclusionary housing project
pursuant to Chapter 8.68 of the Municipal Code. The Preliminary Application shall include the
following information:
A. A description of the proposal, including the number of target dwelling units and density
bonus dwelling units proposed.
B. The General Plan land use designation(s), zoning, and assessor’s parcel number(s) of
the project site.
C. A site plan, drawn to scale, which includes: building footprints, driveway and parking
layout, building elevations, existing contours and proposed grading.
D. A letter identifying what density bonus, incentives and concessions, waiver or
modifications of development standards, or favorable parking requirements are being
requested of the City.
Review of the Preliminary Application is not bound by the limits imposed by the Permit
Streamlining Act (California Government Code § 66410 et seq.) and does not bind future City
actions.
8.52.130 Density Bonus Application
A. The applicant shall submit a complete application pursuant to Chapter 8.124,
(Applications, Fees and Deposits), accompanied by a fee and/or deposit and such materials
as are required by the Community Development Director.
B. To the extent possible, applicants shall combine into a single integrated Density Bonus
Application, the information required below and the information required for an inclusionary
housing project pursuant to Chapter 8.68 (Inclusionary Zoning Regulations).
C. Applications shall include the following information:
1. A legal description of the total site proposed for development of the target
dwelling units, including a statement of present ownership and present and
proposed zoning.
2. A detailed vicinity map showing the project location and such details as the
location of the nearest commercial retail, transit stops, potential employment
locations, park or recreation facilities or other social or community service
facilities.
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Packet Pg. 21 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments)
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3. Site plans, designating the total number of units proposed on the site, including
the number of target dwelling units and density bonus dwelling units, and
supporting plans per the application submittal requirements.
4. A statement specifying what density bonus, incentives and concessions, waiver
or modifications of development standards, or favorable parking requirements
are being requested from the City and the rationale for any incentives,
concessions, or waiver.
5. In the case of a request for incentives or concessions, a description of how the
requested incentives or concessions will result in identifiable and actual cost
reductions to provide for affordable housing costs or rents for the target dwelling
units and adequate documentation of development costs and cost savings.
6. In the case of a request for a waiver or modifications of development standards,
a description of how the existing development standards will have the effect of
physically precluding the construction of the development at the densities or with
the requested concessions or incentives.
7. In the case of a condominium conversion request subject to Chapter 8.54 (Condo
Conversion Regulations), a report documenting the following information for each
unit proposed to be converted: the monthly income of tenants of each unit
throughout the prior year, the monthly rent for each unit throughout the prior year,
and vacancy information for each unit throughout the prior year.
8. A statement describing whether the residential development is proposed on any
property that: (a) includes a parcel or parcels on which rental dwelling units are,
or if the dwelling units have been vaca ted or demolished in the five-year period
preceding the application, have been subject to a recorded covenant, ordinance
or law that restricts rents to levels affordable to, persons and families of very low
or lower income; (b) has been subject to any other form of rent or price control
through a public agency’s exercise of its police power; or (c) has been occupied
by lower or very low income households.
9. Any other relevant information as required by the Community Development
Director.
8.52.140 Density Bonus Application Review
A. The Community Development Director and/or designated staff shall evaluate the request
based upon the following criteria:
1. The requested density bonus meets all of the requirements of the State Density
Bonus Law for receipt of a density bonus.
2. The requested incentives and concessions result in identifiable and actual cost
reductions to provide for affordable housing costs or rents for the target dwelling
units, and whether such incentives and concessions would have a specific
adverse impact upon public health and safety, or the physical environment, or on
any real property that is listed in the California Register of Historical Resources
and/or National Register of Historic Places, 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, or violates such other requirements as may be set forth in the State
Density Bonus Law for incentives and concessions.
3. The City’s development standards physically preclude the construction of the
development project at the density and with the concessions and incentives to be
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Packet Pg. 22 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments)
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provided to the proposed project pursuant to this chapter, and whether the
requested waiver or modifications are necessary to enable the construction of the
development project at such density and with such concessions and incentives.
4. The density bonus housing project complies with the General Plan, any
applicable specific plans, zoning, and development policies and standards of the
City.
5. Any conversion of apartment units to condominiums will result in a reduction in
the affordable housing stock for lower income groups, as of most recent
inventory.
B. Within 30 days of receipt of the Density Bonus Application, the Community Development
Department shall provide a letter notifying the applicant whether or not the application is
complete. If the application is complete, the applicant will be notified regarding:
1. The amount of density bonus to which they are eligible.
2. If applicable, the parking ratio to which they are eligible under the State Density
Bonus Law.
3. Whether applicant has provided adequate information to make a determination
as to any incentive, reduction, and/or waiver requested.
C. An application for a density bonus, incentive, concession, waiver, modification, modified
parking standard, or commercial development bonus for a housing development or
a commercial development pursuant to this chapter shall be considered by and acted upon by
the approval body with authority to approve the housing development
or commercial development within the timelines prescribed by the Government Code
section 65950 et seq. Any decision regarding a density bonus, incentive, concession, waiver,
modification, modified parking standard or commercial density bonus may be appealed
according to the procedures outlined in Section 8.52.136. 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 change, variance, or
other discretionary approval.
D. Before approving an application for a density bonus, incentive, concession, waiver,
modification, or commercial development bonus, the approval body shall make the following
findings, as applicable:
1. The housing development is eligible for the density bonus and any incentives,
modified parking, or waiver requested and includes any required replacement
affordable units required.
2. Any requested incentive will result in identifiable and actual cost reductions to
provide for affordable rents or affordable ownership costs based upon the
documentation provided by the applicant.
3. If the density bonus, incentive, or concession is based all or in part on
a condominium conversion, the project complies with the requirements of Section
8.52.040.
4. If a commercial development bonus is requested, the project complies with the
requirements of Section 8.52.050, that the city has approved the partnered
housing agreement, and that the bonus has been mutually agreed upon by the
city and the commercial developer.
5. If the density bonus is based all or in part on donation of land, the project
complies with the requirements of Section 8.52.060.
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Packet Pg. 23 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments)
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6. If a waiver or modification is requested, the development standards for which the
waiver is requested would have the effect of physically precluding the
construction of the housing development with the density bonus and incentives
permitted.
E. If a request for a concession or incentive is otherwise consistent with this chapter, the
approval body may deny a concession or incentive only if it makes a written finding, based
upon substantial evidence, of one or more of the following:
1. The concession or incentive does not result in identifiable and actual cost
reductions to provide for affordable rents or affordable ownership costs.
2. The concession or incentive would have a specific adverse impact upon public
health or safety or the physical environment or on any real property that is listed
in the California Register of Historical Resources and/or National Register of
Historic Places, and there is no feasible method to satisfactorily mitigate or avoid
the specific adverse impact without rendering the development unaffordable to
lower and moderate income households.
3. The concession or incentive is contrary to state or federal law.
F. If a request for a waiver or modification is otherwise consistent with this chapter, the
approval body may deny a waiver or modification only if it makes a written finding, based upon
substantial evidence, of one of the following:
1. The waiver or modification would have a specific adverse impact upon health,
safety, or the physical environment, and there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without rendering the
development unaffordable to lower and moderate income households.
2. The waiver or modification would have an adverse impact on any real property
that is listed in the California Register of Historical Resources and/or National
Register of Historic Places.
3. The waiver or modification is contrary to state or federal law, which may include
a finding that the development standards for which the waiver is requested would
not have the effect of physically precluding the construction of the housing
development with the density bonus and incentives permitted.
G. If a density bonus or concession is based on the provision of child care facilities, the
approval body may deny the bonus or concession if it finds, based on substantial evidence,
that the city already has adequate child care facilities.
8.52.150 Inclusion of Density Bonus Housing Agreement as a Condition of Development
Applicants receiving a density bonus, incentives and concessions, waiver or modifications of
development standards, or favorable parking requirements pursuant to this chapter, shall
demonstrate compliance with this chapter by the execution of a density bonus housing
agreement. Where an affordable housing agreement is required pursuant to Chapter 8.68,
both the density bonus housing agreement and inclusionary housing agreement shall, if
feasible, be combined into a single housing agreement. The housing agreement shall be
submitted by City to the applicant. Following the approval and the signing by all parties, the
completed housing agreement shall be recorded as specified in the agreement. The approval
and recordation shall take place prior to final map approval, or, where a map is not being
processed, prior to issuance of building permits for such lots or units. The agreement shall be
binding on all future owners and successors in interest.
5.1.a
Packet Pg. 24 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments)
- 10 -
A. Residential Development. A density bonus housing agreement for residential
development processed pursuant to this chapter shall include the following:
1. The number of density bonus dwelling units granted.
2. The number and type (affordability level) of target dwelling units approved.
3. The unit size(s) (square footage) of target dwelling units and the number of
bedrooms per target dwelling unit.
4. The proposed location of the target dwelling units.
5. Tenure (ownership or rental) and term (duration) of restrictions for target dwelling
units.
6. Schedule for production of target dwelling units.
7. A description of incentives and concessions, waiver and modifications of
development standards, provision of favorable parking requirements, and
financial assistance to be provided by the City.
8. Where applicable, terms and conditions governing the initial sale of for-sale
target dwelling units.
9. Where applicable, rules and procedures for qualifying tenants, setting rental
rates, filling vacancies, and operating and maintaining units for rental target
dwelling units.
10. Any other requirements of the State Density Bonus Law.
B. Condominium Conversions. A density bonus housing agreement for condominium
conversions processed pursuant to this chapter shall be required to include the following:
1. The number of density bonus dwelling units granted.
2. The number and type (affordability level) of target dwelling units approved.
3. The unit size(s) (square footage) of target dwelling units and number of
bedrooms per target dwelling unit.
4. The proposed location of the lower and moderate-income target dwelling units.
5. Tenure (ownership or rental) and term (duration) of restrictions for target dwelling
units.
6. Schedule for production of target dwelling units.
7. Incentives, waivers, etc. provided by the City.
8. Where applicable, terms and conditions governing the initial sale of for-sale
target dwelling units.
9. Any other requirements of State Density Bonus Law.
8.52.160 Density Bonus Resale Agreements
All buyers of for-sale target dwelling units shall enter into a resale restriction agreement with
the City, prior to purchasing the unit or property. The resale agreement shall be consistent with
the approved housing agreement for the density bonus housing project.
8.52.170 Eligibility Requirements
Only households meeting the eligibility standards for the target dwelling units as set forth in the
density bonus housing agreement shall be eligible to occupy target dwelling units.
8.52.180 Management and Monitoring
5.1.a
Packet Pg. 25 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments)
- 11 -
A. Rental target dwelling units shall be managed and operated by the owner or his or her
agent. Each owner of rental target dwelling units shall submit an annual report to the City in the
form prescribed by the City, identifying which units are target dwelling units, the number of
bedrooms in each target unit the monthly rent and unities allowance, vacancy information for
each rental target dwelling unit for the prior year, household size and annual income for
tenants of each rental target dwelling unit, and other information as required by the City, while
ensuring the privacy of the tenant.
B. Target dwelling units are subject to the applicable Housing Services Program
Monitoring Fees as set forth in the City’s Master Fee Schedule, established by Council
resolution.
Section 4. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to
any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words
or parts thereof of the ordinance or their applicability to other persons or circumstances. In the
event of any conflict between this chapter and State Density Bonus Law, State Density Bonus
Law shall prevail.
Section 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 6: Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section 36933
of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this __ day of ______, 2019
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk
5.1.a
Packet Pg. 26 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments)
Density Bonus Statutes
Government Code Sections 65915 – 65918.
Effective as of January 1, 2019
65915. (a) (1) When an applicant seeks a density
bonus for a housing development within, or for the
donation of land for housing within, the jurisdiction of
a city, county, or city and county, that local
government shall comply with this section. A city,
county, or city and county shall adopt an ordinance
that specifies how compliance with this section will be
implemented. Failure to adopt an ordinance shall not
relieve a city, county, or city and county from complying
with this section.
(2) A local government shall not condition the
submission, review, or approval of an application
pursuant to this chapter on the preparation of an
additional report or study that is not otherwise required
by state law, including this section. This subdivision
does not prohibit a local government from requiring
an applicant to provide reasonable documentation
to establish eligibility for a requested density bonus,
incentives or concessions, as described in subdivision
(d), waivers or reductions of development standards,
as described in subdivision (e), and parking ratios, as
described in subdivision (p).
(3) In order to provide for the expeditious processing of
a density bonus application, the local government shall
do all of the following:
(A) Adopt procedures and timelines for processing a
density bonus application.
(B) Provide a list of all documents and information
required to be submitted with the density bonus
application in order for the density bonus application to
be deemed complete. This list shall be consistent with
this chapter.
(C) Notify the applicant for a density bonus whether
the application is complete in a manner consistent with
the timelines specified in Section 65943.
(D) (i) If the local government notifies the applicant
that the application is deemed complete pursuant to
subparagraph (C), provide the applicant with a
determination as to the following matters:
(I) The amount of density bonus, calculated pursuant
to subdivision (f), for which the applicant is eligible.
(II) If the applicant requests a parking ratio pursuant to
subdivision (p), the parking ratio for which the
applicant is eligible.
(III) If the applicant requests incentives or concessions
pursuant to subdivision (d) or waivers or reductions of
development standards pursuant to subdivision (e),
whether the applicant has provided adequate
information for the local government to make a
determination as to those incentives, concessions, or
waivers or reductions of development standards.
(ii) Any determination required by this subparagraph
shall be based on the development project at the time
the application is deemed complete. The local
government shall adjust the amount of density bonus
and parking ratios awarded pursuant to this section
based on any changes to the project during the course
of development.
(b) (1) A city, county, or city and county shall grant one
density bonus, the amount of which shall be as
specified in subdivision (f), and, if requested by the
applicant and consistent with the applicable
requirements of this section, incentives or concessions,
as described in subdivision (d), waivers or reductions
of development standards, as described in
subdivision (e), and parking ratios, as described in
subdivision (p), when an applicant for a housing
development seeks and agrees to construct a
housing development, excluding any units permitted
by the density bonus awarded pursuant to this section,
that will contain at least any one of the following:
(A) Ten percent of the total units of a housing develop-
ment for lower income households, as defined in
Section 50079.5 of the Health and Safety Code.
(B) Five percent of the total units of a housing
development for very low income households, as
defined in Section 50105 of the Health and Safety
Code.
(C) 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.
(D) Ten percent of the total dwelling units in a common
interest development, as defined in Section 4100 of
the Civil Code, for 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.
(E) 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. Sec. 11301 et seq.).
The units described in this subparagraph shall be
subject to a recorded affordability restriction of 55
years and shall be provided at the same affordability
level as very low income units.
MEYERS NAVE A professional law corporation | CALIFORNIA DENSITY BONUS LAW 2019 13
5.1.b
Packet Pg. 27 Attachment: 2. California State Density Bonus Law Text (Gov Code Sections 65915-65918) (Density Bonus Regulations Amendments)
14 MEYERS NAVE A professional law corporation | CALIFORNIA DENSITY BONUS LAW 2019
(F) (i) Twenty percent of the total units for lower income
students in a student housing development that meets
the following requirements:
(I) All units in the student housing development will be
used exclusively for undergraduate, graduate, or
professional 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 order to be eligible under this subclause,
the developer shall, as a condition of receiving a
certificate of occupancy, provide evidence to the city,
county, or city or county that the developer has entered
into an operating agreement or master lease with one
or more institutions of higher education for the
institution or institutions to occupy all units of the
student housing development with students from that
institution or institutions. An operating agreement or
master lease entered into pursuant to this subclause
is not violated or breached if, in any subsequent year,
there are not sufficient students enrolled in an
institution of higher education to fill all units in the
student housing development.
(II) The applicable 20-percent units will be used for
lower income students. For purposes of this clause,
“lower income students” means students who have a
household income and asset level that does not exceed
the level for Cal Grant A or Cal Grant B award recipients
as set forth in paragraph (1) of subdivision (k) of
Section 69432.7 of the Education Code. The eligibility
of a student under this clause shall be verified by an
affidavit, award letter, or letter of eligibility provided by
the institution of higher education that the student is
enrolled in, as described in subclause (I), or by the
California Student Aid Commission that the student
receives or is eligible for financial aid, including an
institutional grant or fee waiver, from the college or
university, the California Student Aid Commission, or
the federal government shall be sufficient to satisfy this
subclause.
(III) The rent provided in the applicable units of the
development for lower income students shall be
calculated at 30 percent of 65 percent of the area
median income for a single-room occupancy unit type.
(IV) The development will provide priority for the
applicable affordable units for lower income students
experiencing homelessness. A homeless service
provider, as defined in paragraph (3) of subdivision (d)
of Section 103577 of the Health and Safety Code, or
institution of higher education that has knowledge of a
person’s homeless status may verify a person’s status
as homeless for purposes of this subclause.
(ii) For purposes of calculating a density bonus granted
pursuant to this subparagraph, the term “unit” as used
in this section means one rental bed and its pro rata
share of associated common area facilities. The units
described in this subparagraph shall be subject to a
recorded affordability restriction of 55 years.
(2) For purposes of calculating the amount of the
density bonus pursuant to subdivision (f), an applicant
who requests a density bonus pursuant to this
subdivision shall elect whether the bonus shall be
awarded on the basis of subparagraph (A), (B), (C),
(D), (E), or (F) of paragraph (1).
(3) For the purposes of this section, “total units,” “total
dwelling units,” or “total rental beds” does not include
units added by a density bonus awarded pursuant to
this section or any local law granting a greater density
bonus.
(c) (1) An applicant shall agree to, and the city, county,
or city and county shall ensure, the continued
affordability of all very low and low-income rental units
that qualified the applicant for the award of the density
bonus for 55 years or a longer period of time if required
by the construction or mortgage financing assistance
program, mortgage insurance program, or rental
subsidy program. Rents for the lower income density
bonus units shall be set at an affordable rent as defined
in Section 50053 of the Health and Safety Code.
(2) An applicant shall agree to, and the city, county, or
city and county shall ensure that, the initial occupant
of all for-sale units that qualified the applicant for the
award of the density bonus are persons and families
of very low, low, or moderate income, as required, and
that the units are offered at an affordable housing cost,
as that cost is defined in Section 50052.5 of the Health
and Safety Code. The local government shall enforce
an equity sharing agreement, unless it is in conflict with
the requirements of another public funding source or
law. The following apply to the equity sharing agree-
ment:
(A) Upon resale, the seller of the unit shall retain the
value of any improvements, the downpayment, and
the seller’s proportionate share of appreciation. The
local government shall recapture any initial subsidy,
as defined in subparagraph (B), and its proportionate
share of appreciation, as defined in subparagraph (C),
which amount shall be used within five years for any of
the purposes described in subdivision (e) of Section
33334.2 of the Health and Safety Code that promote
home ownership.
(B) For purposes of this subdivision, the local govern-
ment’s initial subsidy shall be equal to the fair market
value of the home at the time of initial sale minus the
initial sale price to the moderate-income household,
plus the amount of any downpayment assistance or
mortgage assistance. If upon resale the market value
is lower than the initial market value, then the value at
the time of the resale shall be used as the initial market
5.1.b
Packet Pg. 28 Attachment: 2. California State Density Bonus Law Text (Gov Code Sections 65915-65918) (Density Bonus Regulations Amendments)
MEYERS NAVE A professional law corporation | CALIFORNIA DENSITY BONUS LAW 2019 15
value.
(C) For purposes of this subdivision, the local
government’s proportionate share of appreciation shall
be equal to the ratio of the local government’s initial
subsidy to the fair market value of the home at the time
of initial sale.
(3) (A) An applicant shall be ineligible for a density
bonus or any other incentives or concessions under
this section if the housing development is proposed on
any property that includes a parcel or parcels on which
rental dwelling units are or, if the dwelling units have
been vacated or demolished in the five-year period
preceding the application, have been subject to a
recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of
lower or very low income; subject to any other form of
rent or price control through a public entity’s valid ex-
ercise of its police power; or occupied by lower or very
low income households, unless the proposed housing
development replaces those units, and either of the
following applies:
(i) The proposed housing development, inclusive of the
units replaced pursuant to this paragraph, contains
affordable units at the percentages set forth in
subdivision (b).
(ii) Each unit in the development, exclusive of a
manager’s unit or units, is affordable to, and occupied
by, either a lower or very low income household.
(B) For the purposes of this paragraph, “replace” shall
mean either of the following:
(i) If any dwelling units described in subparagraph (A)
are occupied on the date of application, the proposed
housing development shall provide at least the same
number of units of equivalent size to be made available
at affordable rent or affordable housing cost to, and
occupied by, persons and families in the same or lower
income category as those households in occupancy. If
the income category of the household in occupancy is
not known, it shall be rebuttably presumed that lower
income renter households occupied these units in the
same proportion of lower income renter households to
all renter households within the jurisdiction, as
determined by the most recently available data from
the United States Department of Housing and Urban
Development’s Comprehensive Housing Affordability
Strategy database. For unoccupied dwelling units
described in subparagraph (A) in a development with
occupied units, the proposed housing development
shall provide units of equivalent size to be made
available at affordable rent or affordable housing cost
to, and occupied by, persons and families in the same
or lower income category as the last household in
occupancy. If the income category of the last
household in occupancy is not known, it shall be
rebuttably presumed that lower income renter
households occupied these units in the same
proportion of lower income renter households to all
renter households within the jurisdiction, as
determined by the most recently available data from
the United States Department of Housing and Urban
Development’s Comprehensive Housing
Affordability Strategy database. All replacement
calculations resulting in fractional units shall be
rounded up to the next whole number. If the
replacement units will be rental dwelling units, these
units shall be subject to a recorded affordability
restriction for at least 55 years. If the proposed
development is for-sale units, the units replaced shall
be subject to paragraph (2).
(ii) If all dwelling units described in subparagraph (A)
have been vacated or demolished within the five-year
period preceding the application, the proposed housing
development shall provide at least the same number
of units of equivalent size as existed at the highpoint
of those units in the five-year period preceding the
application to be made available at affordable rent or
affordable housing cost to, and occupied by, persons
and families in the same or lower income category as
those persons and families in occupancy at that time, if
known. If the incomes of the persons and families in
occupancy at the highpoint is not known, it shall be
rebuttably presumed that low-income and very low
income renter households occupied these units in the
same proportion of low-income and very low income
renter households to all renter households within the
jurisdiction, as determined by the most recently
available data from the United States Department of
Housing and Urban Development’s Comprehensive
Housing Affordability Strategy database. All
replacement calculations resulting in fractional units
shall be rounded up to the next whole number. If the
replacement units will be rental dwelling units, these
units shall be subject to a recorded affordability
restriction for at least 55 years. If the proposed
development is for-sale units, the units replaced shall
be subject to paragraph (2).
(C) Notwithstanding subparagraph (B), for any
dwelling unit described in subparagraph (A) that is or
was, within the five-year period preceding the
application, subject to a form of rent or price control
through a local government’s valid exercise of its police
power and that is or was occupied by persons or
families above lower income, the city, county, or city
and county may do either of the following:
(i) Require that the replacement units be made
available at affordable rent or affordable housing cost
to, and occupied by, low-income persons or families.
If the replacement units will be rental dwelling units,
these units shall be subject to a recorded affordability
restriction for at least 55 years. If the proposed
development is for-sale units, the units replaced shall
5.1.b
Packet Pg. 29 Attachment: 2. California State Density Bonus Law Text (Gov Code Sections 65915-65918) (Density Bonus Regulations Amendments)
16 MEYERS NAVE A professional law corporation | CALIFORNIA DENSITY BONUS LAW 2019
be subject to paragraph (2).
(ii) Require that the units be replaced in compliance
with the jurisdiction’s rent or price control ordinance,
provided that each unit described in subparagraph (A)
is replaced. Unless otherwise required by the
jurisdiction’s rent or price control ordinance, these
units shall not be subject to a recorded affordability
restriction.
(D) For purposes of this paragraph, “equivalent size”
means that the replacement units contain at least the
same total number of bedrooms as the units being
replaced.
(E) Subparagraph (A) does not apply to an applicant
seeking a density bonus for a proposed housing
development if his or her application was submitted
to, or processed by, a city, county, or city and county
before January 1, 2015.
(d) (1) An applicant for a density bonus pursuant to
subdivision (b) may submit to a city, county, or city
and county a proposal for the specific incentives or
concessions that the applicant requests pursuant to
this section, and may request a meeting with the city,
county, or city and county. The city, county, or city
and county shall grant the concession or incentive
requested by the applicant unless the city, county, or
city and county makes a written finding, based upon
substantial evidence, of any of the following:
(A) The concession or incentive does not result in
identifiable and actual cost reductions, consistent with
subdivision (k), 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).
(B) The concession or incentive would have a specific,
adverse impact, as defined in paragraph (2) of
subdivision (d) of Section 65589.5, upon public health
and safety or the physical environment or on any real
property that is 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-income and moderate-income
households.
(C) The concession or incentive would be contrary to
state or federal law.
(2) The applicant shall receive the following number of
incentives or concessions:
(A) One incentive or concession for projects that
include at least 10 percent of the total units for lower
income households, at least 5 percent for very low
income households, or at least 10 percent for persons
and families of moderate income in a common interest
development.
(B) Two incentives or concessions for projects that
include at least 20 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 common interest
development.
(C) Three incentives or concessions for projects that
include at least 30 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 common interest
development.
(3) The applicant may initiate judicial proceedings if
the city, county, or city and county refuses to grant a
requested density bonus, incentive, or concession. If a
court finds that the refusal to grant a requested density
bonus, incentive, or concession is in violation of this
section, the court shall award the plaintiff reasonable
attorney’s fees and costs of suit. Nothing in this
subdivision shall be interpreted to require a local
government to grant an incentive or concession that
has a specific, adverse impact, as defined in paragraph
(2) of subdivision (d) of 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. Nothing in this
subdivision shall be interpreted to require a local
government to grant an incentive or concession that
would have an adverse impact on any real property
that is listed in the California Register of Historical
Resources. The city, county, or city and county shall
establish procedures for carrying out this section, that
shall include legislative body approval of the means of
compliance with this section.
(4) The city, county, or city and county shall bear the
burden of proof for the denial of a requested
concession or incentive.
(e) (1) In no case may a city, county, or city and county
apply any development standard that will have the
effect of physically precluding the construction of a
development meeting the criteria of subdivision (b)
at the densities or with the concessions or incentives
permitted by this section. An applicant may submit to a
city, county, or city and county 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
subdivision (b) at the densities or with the
concessions or incentives permitted under this section,
and may request a meeting with the city, county, or city
and county. If a court finds that the refusal to grant a
waiver or reduction of development standards is in
violation of this section, the court shall award the
5.1.b
Packet Pg. 30 Attachment: 2. California State Density Bonus Law Text (Gov Code Sections 65915-65918) (Density Bonus Regulations Amendments)
MEYERS NAVE A professional law corporation | CALIFORNIA DENSITY BONUS LAW 2019 17
plaintiff reasonable attorney’s fees and costs of suit.
Nothing in this subdivision shall be interpreted to
require a local government to waive or reduce
development standards if the waiver or reduction
would have a specific, adverse impact, as defined in
paragraph (2) of subdivision (d) of 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. Nothing
in this subdivision shall be interpreted to require a local
government to 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, or to grant any waiver or reduction that
would be contrary to state or federal law.
(2) A proposal for the waiver or reduction of
development standards pursuant to this subdivision
shall neither reduce nor increase the number of
incentives or concessions to which the applicant is
entitled pursuant to subdivision (d).
(f) For the purposes of this chapter, “density bonus”
means a density increase over the otherwise maximum
allowable gross residential density as of the date of
application by the applicant to the city, county, or city
and county, or, if elected by the applicant, a lesser
percentage of density increase, including, but not
limited to, no increase in density. The amount of density
increase to which the applicant is entitled shall vary
according to the amount by which the percentage of
affordable housing units exceeds the percentage
established in subdivision (b).
(1) For housing developments meeting the criteria of
subparagraph (A) of paragraph (1) of subdivision (b),
the density bonus shall be calculated as follows:
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35
(2) For housing developments meeting the criteria of
subparagraph (B) of paragraph (1) of subdivision (b),
the density bonus shall be calculated as follows:
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
(3) (A) For housing developments meeting the criteria
of subparagraph (C) of paragraph (1) of subdivision (b),
the density bonus shall be 20 percent of the number of
senior housing units.
(B) For housing developments meeting the criteria of
subparagraph (E) of paragraph (1) of subdivision (b),
the density bonus shall be 20 percent of the number
of the type of units giving rise to a density bonus under
that subparagraph.
(C) For housing developments meeting the criteria of
subparagraph (F) of paragraph (1) of subdivision (b),
the density bonus shall be 35 percent of the student
housing units.
(4) For housing developments meeting the criteria of
subparagraph (D) of paragraph (1) of subdivision (b),
the density bonus shall be calculated as follows:
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
PERCENTAGE
LOW-INCOME
UNITS
PERCENTAGE
DENSITY
BONUS
PERCENTAGE
VERY LOW-INCOME
UNITS
PERCENTAGE
DENSITY
BONUS
PERCENTAGE
MODERATE-INCOME
UNITS
PERCENTAGE
DENSITY
BONUS
5.1.b
Packet Pg. 31 Attachment: 2. California State Density Bonus Law Text (Gov Code Sections 65915-65918) (Density Bonus Regulations Amendments)
18 MEYERS NAVE A professional law corporation | CALIFORNIA DENSITY BONUS LAW 2019
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
(5) All density calculations resulting in fractional units
shall be rounded up to the next whole number. The
granting of a density bonus shall not require, or be
interpreted, in and of itself, to require a general plan
amendment, local coastal plan amendment, zoning
change, or other discretionary approval.
(g) (1) When an applicant for a tentative subdivision
map, parcel map, or other residential development
approval donates land to a city, county, or city and
county in accordance with this subdivision, the
applicant shall be entitled to a 15-percent increase
above the otherwise maximum allowable residential
density for the entire development, as follows:
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
(2) This increase shall be in addition to any increase in
density mandated by subdivision (b), up to a maximum
combined mandated density increase of 35 percent if
an applicant seeks an increase pursuant to both this
subdivision and subdivision (b). All density calculations
resulting in fractional units shall be rounded up to the
next whole number. Nothing in this subdivision shall be
construed to enlarge or diminish the authority of a city,
county, or city and county to require a developer
to donate land as a condition of development. An
applicant shall be eligible for the increased density
bonus described in this subdivision if all of the following
conditions are met:
(A) The applicant donates and transfers the land no
later than the date of approval of the final subdivision
map, parcel map, or residential development
application.
(B) The developable acreage and zoning classification
of the land being transferred are sufficient to permit
construction of units affordable to very low income
households in an amount not less than 10 percent of
the number of residential units of the proposed
development.
(C) The transferred land is at least one acre in size or
of sufficient size to permit development of at least 40
units, has the appropriate general plan designation,
is appropriately zoned with appropriate development
standards for development at the density described
in paragraph (3) of subdivision (c) of Section 65583.2,
and is or will be served by adequate public facilities and
infrastructure.
(D) The transferred land shall have all of the permits
and approvals, other than building permits, necessary
for the development of the very low income housing
units on the transferred land, not later than the date of
approval of the final subdivision map, parcel map, or
residential development application, except that the
local government may subject the proposed
development to subsequent design review to the extent
authorized by subdivision (i) of Section 65583.2 if the
design is not reviewed by the local government before
the time of transfer.
(E) The transferred land and the affordable units shall
be subject to a deed restriction ensuring continued
affordability of the units consistent with paragraphs (1)
and (2) of subdivision (c), which shall be recorded on
PERCENTAGE
VERY LOW-INCOME
PERCENTAGE
DENSITY
BONUS
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the property at the time of the transfer.
(F) The land is transferred to the local agency or to a
housing developer approved by the local agency. The
local agency may require the applicant to identify and
transfer the land to the developer.
(G) The transferred land shall be within the boundary
of the proposed development or, if the local agency
agrees, within one-quarter mile of the boundary of the
proposed development.
(H) A proposed source of funding for the very low
income units shall be identified not later than the date
of approval of the final subdivision map, parcel map, or
residential development application.
(h) (1) When an applicant proposes to construct a
housing development that conforms to the
requirements of subdivision (b) and includes a child
care facility that will be located on the premises of, as
part of, or adjacent to, the project, the city, county, or
city and county shall grant either of the following:
(A) 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 child care
facility.
(B) An additional concession or incentive that
contributes significantly to the economic feasibility of
the construction of the child care facility.
(2) The city, county, or city and county shall require, as
a condition of approving the housing development, that
the following occur:
(A) The child care 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 pursuant to subdivision
(c).
(B) Of the children who attend the child care 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 subdivision
(b).
(3) Notwithstanding any requirement of this
subdivision, a city, county, or city and county shall not
be required to provide a density bonus or concession
for a child care facility if it finds, based upon substantial
evidence, that the community has adequate child care
facilities.
(4) “Child care facility,” as used in this section, means
a child day care facility other than a family day care
home, including, but not limited to, infant centers,
preschools, extended day care facilities, and schoolage
child care centers.
(i) “Housing development,” as used in this section,
means a development project for five or more
residential units, including mixed-use developments.
For the purposes of this section, “housing
development” also includes a subdivision or common
interest development, as defined in Section 4100 of the
Civil Code, approved by a city, county, or city and county
and consists of residential units or unimproved
residential lots and either a project to substantially
rehabilitate and convert an existing commercial
building to residential use or the substantial
rehabilitation of an existing multifamily dwelling, as
defined in subdivision (d) of Section 65863.4, where the
result of the rehabilitation would be a net increase in
available residential units. For the purpose of
calculating a density bonus, the residential units shall
be on contiguous sites that are the subject of one
development application, but do not have to be based
upon individual subdivision maps or parcels. The
density bonus shall be permitted in geographic areas of
the housing development other than the areas where
the units for the lower income households are located.
(j) (1) The granting of a concession or incentive shall
not require or be interpreted, in and of itself, to require
a general plan amendment, local coastal plan
amendment, zoning change, study, or other
discretionary approval. For purposes of this subdivision,
“study” does not include reasonable documentation to
establish eligibility for the concession or incentive or to
demonstrate that the incentive or concession meets
the definition set forth in subdivision (k). This provision
is declaratory of existing law.
(2) Except as provided in subdivisions (d) and (e), the
granting of a density bonus shall not require or be
interpreted to require the waiver of a local ordinance or
provisions of a local ordinance unrelated to
development standards.
(k) For the purposes of this chapter, concession or
incentive means any of the following:
(1) 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
5.1.b
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Safety Code, or for rents for the targeted units to be set
as specified in subdivision (c).
(2) 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.
(3) Other regulatory incentives or concessions
proposed by the developer or the city, county, or city
and 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).
(l) Subdivision (k) does not limit or require the
provision of direct financial incentives for the housing
development, including the provision of publicly owned
land, by the city, county, or city and county, or the
waiver of fees or dedication requirements.
(m) This section does not supersede or in any way
alter or lessen the effect or application of the California
Coastal Act of 1976 (Division 20 (commencing with
Section 30000) of the Public Resources Code). Any
density bonus, concessions, incentives, waivers or
reductions of development standards, and parking
ratios to which the applicant is entitled under this
section shall be permitted in a manner that is
consistent with this section and Division 20
(commencing with Section 30000) of the Public
Resources Code.
(n) If permitted by local ordinance, nothing in this
section shall be construed to prohibit a city, county, or
city and county from granting a density bonus greater
than what is described in this section for a develop-
ment that meets the requirements of this section or
from granting a proportionately lower density bonus
than what is required by this section for developments
that do not meet the requirements of this section.
(o) For purposes of this section, the following
definitions shall apply:
(1) “Development standard” includes a site or
construction condition, including, but not limited to, a
height limitation, a setback requirement, a floor area
ratio, an onsite open-space requirement, or a parking
ratio that applies to a residential development pursuant
to any ordinance, general plan element, specific plan,
charter, or other local condition, law, policy, resolution,
or regulation.
(2) “Maximum allowable residential density” means the
density allowed under the zoning ordinance and land
use element of the general plan, or, if a range of density
is permitted, means the maximum allowable density
for the specific zoning range and land use element of
the general plan applicable to the project. If the density
allowed under the zoning ordinance is inconsistent with
the density allowed under the land use element of the
general plan, the general plan density shall prevail.
(p) (1) Except as provided in paragraphs (2) and (3)
upon the request of the developer, a city, county, or city
and county shall not require a vehicular parking ratio,
inclusive of handicapped and guest parking, of a
development meeting the criteria of subdivisions (b)
and (c), that exceeds the following ratios:
(A) Zero to one bedroom: one onsite parking space.
(B) Two to three bedrooms: two onsite parking spaces.
(C) Four and more bedrooms: two and one-half parking
spaces.
(2) Notwithstanding paragraph (1), if a development
includes the maximum percentage of low-income or
very low income units provided for in paragraphs (1)
and (2) of subdivision (f) and is located within one-half
mile of a major transit stop, as defined in subdivision
(b) of Section 21155 of the Public Resources Code, and
there is unobstructed access to the major transit stop
from the development, then, upon the request of the
developer, a city, county, or city and county shall not
impose a vehicular parking ratio, inclusive of
handicapped and guest parking, that exceeds 0.5
spaces per bedroom. For purposes of this
subdivision, a development shall have unobstructed
access to a major transit stop if a resident is able to
access the major transit stop without encountering
natural or constructed impediments.
(3) Notwithstanding paragraph (1), if a development
consists solely of rental units, exclusive of a manager’s
unit or units, with an affordable housing cost to lower
income families, as provided in Section 50052.5 of the
Health and Safety Code, then, upon the request of the
developer, a city, county, or city and county shall not
impose a vehicular parking ratio, inclusive of
handicapped and guest parking, that exceeds the
following ratios:
(A) If the development is located within one-half mile
of a major transit stop, as defined in subdivision (b) of
Section 21155 of the Public Resources Code, and there
is unobstructed access to the major transit stop from
the development, the ratio shall not exceed 0.5 spaces
per unit.
(B) If the development is a for-rent housing
development for individuals who are 62 years of age
or older that complies with Sections 51.2 and 51.3 of
the Civil Code, the ratio shall not exceed 0.5 spaces
5.1.b
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per unit. The development shall have either paratransit
service or unobstructed access, within one-half mile,
to fixed bus route service that operates at least eight
times per day.
(C) If the development is a special needs housing
development, as defined in Section 51312 of the Health
and Safety Code, the ratio shall not exceed 0.3 spaces
per unit. The development shall have either paratransit
service or unobstructed access, within one-half mile,
to fixed bus route service that operates at least eight
times per day.
(4) If the total number of parking spaces required for a
development is other than a whole number, the number
shall be rounded up to the next whole number. For
purposes of this subdivision, a development may
provide onsite parking through tandem parking or
uncovered parking, but not through onstreet parking.
(5) This subdivision shall apply to a development that
meets the requirements of subdivisions (b) and (c),
but only at the request of the applicant. An applicant
may request parking incentives or concessions beyond
those provided in this subdivision pursuant to
subdivision (d).
(6) This subdivision does not preclude a city, county, or
city and county from reducing or eliminating a parking
requirement for development projects of any type in
any location.
(7) Notwithstanding paragraphs (2) and (3), if a city,
county, city and county, or an independent consultant
has conducted an areawide or jurisdictionwide parking
study in the last seven years, then the city, county, or
city and county may impose a higher vehicular parking
ratio not to exceed the ratio described in paragraph (1),
based upon substantial evidence found in the parking
study, that includes, but is not limited to, an analysis
of parking availability, differing levels of transit access,
walkability access to transit services, the potential for
shared parking, the effect of parking requirements on
the cost of market-rate and subsidized developments,
and the lower rates of car ownership for low-income
and very low income individuals, including seniors and
special needs individuals. The city, county, or city and
county shall pay the costs of any new study. The city,
county, or city and county shall make findings, based
on a parking study completed in conformity with this
paragraph, supporting the need for the higher parking
ratio.
(8) A request pursuant to this subdivision shall neither
reduce nor increase the number of incentives or
concessions to which the applicant is entitled pursuant
to subdivision (d).
(q) 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. The Legislature finds and declares
that this provision is declaratory of existing law.
(r) This chapter shall be interpreted liberally in favor of
producing the maximum number of total housing units.
65915.5.
(a) When an applicant for approval to convert
apartments to a condominium project agrees to
provide at least 33 percent of the total units of the
proposed condominium project to persons and families
of low or moderate income as defined in Section 50093
of the Health and Safety Code, or 15 percent of the total
units of the proposed condominium project to lower
income households as defined in Section 50079.5 of
the Health and Safety Code, and agrees to pay for the
reasonably necessary administrative costs incurred by
a city, county, or city and county pursuant to this
section, the city, county, or city and county shall either
(1) grant a density bonus or (2) provide other
incentives of equivalent financial value. A city, county,
or city and county may place such reasonable
conditions on the granting of a density bonus or other
incentives of equivalent financial value as it finds
appropriate, including, but not limited to, conditions
which assure continued affordability of units to
subsequent purchasers who are persons and families
of low and moderate income or lower income
households.
(b) For purposes of this section, “density bonus” means
an increase in units of 25 percent over the number of
apartments, to be provided within the existing structure
or structures proposed for conversion.
(c) For purposes of this section, “other incentives of
equivalent financial value” shall not be construed to
require a city, county, or city and county to provide cash
transfer payments or other monetary compensation
but may include the reduction or waiver of require-
ments which the city, county, or city and county might
otherwise apply as conditions of conversion approval.
(d) An applicant for approval to convert apartments to
a condominium project may submit to a city, county, or
city and county a preliminary proposal pursuant to this
section prior to the submittal of any formal requests for
subdivision map approvals. The city, county, or city and
county shall, within 90 days of receipt of a written
proposal, notify the applicant in writing of the manner
in which it will comply with this section. The city,
county, or city and county shall establish procedures
for carrying out this section, which shall include
legislative body approval of the means of compliance
with this section.
(e) Nothing in this section shall be construed to require
a city, county, or city and county to approve a proposal
5.1.b
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to convert apartments to condominiums.
(f) An applicant shall be ineligible for a density bonus
or other incentives under this section if the apartments
proposed for conversion constitute a housing
development for which a density bonus or other
incentives were provided under Section 65915.
(g) An applicant shall be ineligible for a density bonus
or any other incentives or concessions under this
section if the condominium project is proposed on any
property that includes a parcel or parcels on which
rental dwelling units are or, if the dwelling units have
been vacated or demolished in the five-year period
preceding the application, have been subject to a
recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of
lower or very low income; subject to any other form of
rent or price control through a public entity’s valid
exercise of its police power; or occupied by lower or
very low income households, unless the proposed
condominium project replaces those units, as defined
in subparagraph (B) of paragraph (3) of subdivision (c)
of Section 65915, and either of the following applies:
(1) The proposed condominium project, inclusive of
the units replaced pursuant to subparagraph (B) of
paragraph (3) of subdivision (c) of Section 65915,
contains affordable units at the percentages set forth
in subdivision (a).
(2) Each unit in the development, exclusive of a
manager’s unit or units, is affordable to, and occupied
by, either a lower or very low income household.
(h) Subdivision (g) does not apply to an applicant
seeking a density bonus for a proposed housing
development if their application was submitted to, or
processed by, a city, county, or city and county before
January 1, 2015.
65915.7.
(a) When an applicant for approval of a commercial
development has entered into an agreement for
partnered housing described in subdivision (c) to
contribute affordable housing through a joint project
or two separate projects encompassing affordable
housing, the city, county, or city and county shall grant
to the commercial developer a development bonus as
prescribed in subdivision (b). Housing shall be
constructed on the site of the commercial development
or on a site that is all of the following:
(1) Within the boundaries of the local government.
(2) In close proximity to public amenities including
schools and employment centers.
(3) Located within one-half mile of a major transit stop,
as defined in subdivision (b) of Section 21155 of the
Public Resources Code.
(b) The development bonus granted to the commercial
developer shall mean incentives, mutually agreed upon
by the developer and the jurisdiction, that may include,
but are not limited to, any of the following:
(1) Up to a 20-percent increase in maximum allowable
intensity in the General Plan.
(2) Up to a 20-percent increase in maximum allowable
floor area ratio.
(3) Up to a 20-percent increase in maximum height
requirements.
(4) Up to a 20-percent reduction in minimum parking
requirements.
(5) Use of a limited-use/limited-application elevator for
upper floor accessibility.
(6) An exception to a zoning ordinance or other land
use regulation.
(c) For the purposes of this section, the agreement for
partnered housing shall be between the commercial
developer and the housing developer, shall identify how
the commercial developer will contribute affordable
housing, and shall be approved by the city, county, or
city and county.
(d) For the purposes of this section, affordable housing
may be contributed by the commercial developer in
one of the following manners:
(1) The commercial developer may directly build the
units.
(2) The commercial developer may donate a portion of
the site or property elsewhere to the affordable housing
developer for use as a site for affordable housing.
(3) The commercial developer may make a cash
payment to the affordable housing developer that shall
be used towards the costs of constructing the
affordable housing project.
(e) For the purposes of this section, subparagraph (A)
of paragraph (3) of subdivision (c) of Section 65915
shall apply.
(f) Nothing in this section shall preclude any additional
allowances or incentives offered to developers by local
governments pursuant to law or regulation.
(g) If the developer of the affordable units does not
commence with construction of those units in
accordance with timelines ascribed by the agreement
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described in subdivision (c), the local government may
withhold certificates of occupancy for the commercial
development under construction until the developer
has completed construction of the affordable units.
(h) In order to qualify for a development bonus under
this section, a commercial developer shall partner with
a housing developer that provides at least 30 percent
of the total units for low-income households or at least
15 percent of the total units for very low-income
households.
(i) Nothing in this section shall preclude an
affordable housing developer from seeking a density
bonus, concessions or incentives, waivers or reductions
of development standards, or parking ratios under
Section 65915.
(j) A development bonus pursuant to this section shall
not include a reduction or waiver of the requirements
within an ordinance that requires the payment of a fee
by a commercial developer for the promotion or
provision of affordable housing.
(k) A city or county shall submit to the Department of
Housing and Community Development, as part of the
annual report required by Section 65400, information
describing a commercial development bonus approved
pursuant to this section, including the terms of the
agreements between the commercial developer and
the affordable housing developer, and the developers
and the local jurisdiction, and the number of affordable
units constructed as part of the agreements.
(l) For purposes of this section, “partner” shall mean
formation of a partnership, limited liability company,
corporation, or other entity recognized by the state in
which the commercial development applicant and the
affordable housing developer are each partners,
members, shareholders or other participants, or a
contract or agreement between a commercial
development applicant and affordable housing
developer for the development of both the commercial
and the affordable housing properties.
(m) This section shall remain in effect only until
January 1, 2022, and as of that date is repealed.
65916.
Where there is a direct financial contribution to a
housing development pursuant to Section 65915
through participation in cost of infrastructure,
write-down of land costs, or subsidizing the cost of
construction, the city, county, or city and county shall
assure continued availability for low- and
moderate-income units for 30 years. When
appropriate, the agreement provided for in Section
65915 shall specify the mechanisms and procedures
necessary to carry out this section.
65917.
In enacting this chapter it is the intent of the
Legislature that the density bonus or other incentives
offered by the city, county, or city and county
pursuant to this chapter shall contribute significantly
to the economic feasibility of lower income housing in
proposed housing developments. In the absence of an
agreement by a developer in accordance with Section
65915, a locality shall not offer a density bonus or any
other incentive that would undermine the intent of this
chapter.
65917.2.
(a) As used in this section, the following terms shall
have the following meanings:
(1) “Eligible housing development” means a
development that satisfies all of the following criteria:
(A) The development is a multifamily housing
development that contains five or more residential
units, exclusive of any other floor area ratio bonus
or incentive or concession awarded pursuant to this
chapter.
(B) The development is located within one of the
following:
(i) An urban infill site that is within a transit priority
area.
(ii) One-half mile of a major transit stop.
(C) The site of the development is zoned to allow
residential use or mixed-use with a minimum planned
density of at least 20 dwelling units per acre and does
not include any land zoned for low density residential
use or for exclusive nonresidential use.
(D) The applicant and the development satisfy the
replacement requirements specified in subdivision (c)
of Section 65915.
(E) The development includes at least 20 percent of
the units, excluding any additional units allowed under
a floor area ratio bonus or other incentives or
concessions provided pursuant to this chapter, with
an affordable housing cost or affordable rent to, and
occupied by, persons with a household income equal to
or less than 50 percent of the area median income, as
determined pursuant to Section 50093 of the Health
and Safety Code, and subject to an affordability
restriction for a minimum of 55 years.
(F) The development complies with the height
requirements applicable to the underlying zone. A de-
velopment shall not be eligible to use a floor area ratio
bonus or other incentives or concessions provided pur-
5.1.b
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suant to this chapter to relieve the development from a
maximum height limitation.
(2) “Floor area ratio” means the ratio of gross
building area of the eligible housing development,
excluding structured parking areas, proposed for the
project divided by the net lot area. For purposes of this
paragraph, “gross building area” means the sum of all
finished areas of all floors of a building included within
the outside faces of its exterior walls.
(3) “Floor area ratio bonus” means an allowance for an
eligible housing development to utilize a floor area ratio
over the otherwise maximum allowable density
permitted under the applicable zoning ordinance
and land use elements of the general plan of a city or
county, calculated pursuant to paragraph (2) of
subdivision (b).
(4) “Major transit stop” has the same meaning as
defined in Section 21155 of the Public Resources Code.
(5) “Transit priority area” has the same meaning as
defined in Section 21099 of the Public Resources Code.
(b) (1) A city council, including a charter city council or
the board of supervisors of a city and county, or county
board of supervisors may establish a procedure by
ordinance to grant a developer of an eligible housing
development, upon the request of the developer, a floor
area ratio bonus, calculated as provided in paragraph
(2), in lieu of a density bonus awarded on the basis of
dwelling units per acre.
(2) In calculating the floor area ratio bonus pursuant to
this section, the allowable gross residential floor area
in square feet shall be the product of all of the following
amounts:
(A) The allowable residential base density in dwelling
units per acre.
(B) The site area in square feet, divided by 43,560.
(C) 2,250.
(c) The city council or county board of supervisors
shall not impose any parking requirement on an eligible
housing development in excess of 0.1 parking spaces
per unit that is affordable to persons and families with
a household income equal to or less than 120 percent
of the area median income and 0.5 parking spaces per
unit that is offered at market rate.
(d) A city or county that adopts a floor area ratio bonus
ordinance pursuant to this section shall allow an
applicant seeking to develop an eligible residential
development to calculate impact fees based on square
feet, instead of on a per unit basis.
(e) In the case of an eligible housing development that
is zoned for mixed-use purposes, any floor area ratio
requirement under a zoning ordinance or land use
element of the general plan of the city or county
applicable to the nonresidential portion of the eligible
housing development shall continue to apply
notwithstanding the award of a floor area ratio bonus in
accordance with this section.
(f) An applicant for a floor area ratio bonus pursuant to
this section may also submit to the city, county, or city
and county a proposal for specific incentives or
concessions pursuant to subdivision (d) of Section
65915.
(g) (1) This section shall not be interpreted to do either
of the following:
(A) Supersede or preempt any other section within this
chapter.
(B) Prohibit a city, county, or city and county from
providing a floor area ratio bonus under terms that are
different from those set forth in this section.
(2) The adoption of an ordinance pursuant to this
section shall not be interpreted to relieve a city, county,
or city and county from complying with Section 65915.
65917.5.
(a) As used in this section, the following terms shall
have the following meanings:
(1) “Child care facility” means a facility installed,
operated, and maintained under this section for the
nonresidential care of children as defined under
applicable state licensing requirements for the facility.
(2) “Density bonus” means a floor area ratio bonus over
the otherwise maximum allowable density permitted
under the applicable zoning ordinance and land use
elements of the general plan of a city, including a
charter city, city and county, or county of:
(A) A maximum of five square feet of floor area for each
one square foot of floor area contained in the child care
facility for existing structures.
(B) A maximum of 10 square feet of floor area for each
one square foot of floor area contained in the child care
facility for new structures. For purposes of calculating
the density bonus under this section, both indoor and
outdoor square footage requirements for the child care
facility as set forth in applicable state child care licens-
ing requirements shall be included in the floor area of
the child care facility.
(3) “Developer” means the owner or other person,
including a lessee, having the right under the applicable
5.1.b
Packet Pg. 38 Attachment: 2. California State Density Bonus Law Text (Gov Code Sections 65915-65918) (Density Bonus Regulations Amendments)
zoning ordinance of a city council, including a charter
city council, city and county board of supervisors, or
county board of supervisors to make an application for
development approvals for the development or
redevelopment of a commercial or industrial project.
(4) “Floor area” means as to a commercial or industrial
project, the floor area as calculated under the
applicable zoning ordinance of a city council, including
a charter city council, city and county board of
supervisors, or county board of supervisors and as to a
child care facility, the total area contained within the
exterior walls of the facility and all outdoor areas
devoted to the use of the facility in accordance with
applicable state child care licensing requirements.
(b) A city council, including a charter city council, city
and county board of supervisors, or county board of
supervisors may establish a procedure by ordinance to
grant a developer of a commercial or industrial project,
containing at least 50,000 square feet of floor area,
a density bonus when that developer has set aside at
least 2,000 square feet of floor area and 3,000
outdoor square feet to be used for a child care
facility. The granting of a bonus shall not preclude a city
council, including a charter city council, city and county
board of supervisors, or county board of supervisors
from imposing necessary conditions on the project or
on the additional square footage. Projects constructed
under this section shall conform to height, setback, lot
coverage, architectural review, site plan review, fees,
charges, and other health, safety, and zoning
requirements generally applicable to construction in
the zone in which the property is located. A consortium
with more than one developer may be permitted to
achieve the threshold amount for the available density
bonus with each developer’s density bonus equal to the
percentage participation of the developer. This facility
may be located on the project site or may be located
offsite as agreed upon by the developer and local
agency. If the child care facility is not located on the site
of the project, the local agency shall determine whether
the location of the child care facility is appropriate and
whether it conforms with the intent of this section. The
child care facility shall be of a size to comply with all
state licensing requirements in order to accommodate
at least 40 children.
(c) The developer may operate the child care facility
itself or may contract with a licensed child care
provider to operate the facility. In all cases, the
developer shall show ongoing coordination with a local
child care resource and referral network or local
governmental child care coordinator in order to qualify
for the density bonus.
(d) If the developer uses space allocated for child care
facility purposes, in accordance with subdivision (b),
for purposes other than for a child care facility, an
assessment based on the square footage of the
project may be levied and collected by the city council,
including a charter city council, city and county board
of supervisors, or county board of supervisors. The
assessment shall be consistent with the market value
of the space. If the developer fails to have the space
allocated for the child care facility within three years,
from the date upon which the first temporary
certificate of occupancy is granted, an assessment
based on the square footage of the project may be
levied and collected by the city council, including a
charter city council, city and county board of
supervisors, or county board of supervisors in
accordance with procedures to be developed by the
legislative body of the city council, including a charter
city council, city and county board of supervisors, or
county board of supervisors. The assessment shall
be consistent with the market value of the space. A
penalty levied against a consortium of developers shall
be charged to each developer in an amount equal to
the developer’s percentage square feet participation.
Funds collected pursuant to this subdivision shall be
deposited by the city council, including a charter city
council, city and county board of supervisors, or county
board of supervisors into a special account to be used
for child care services or child care facilities.
(e) Once the child care facility has been established,
prior to the closure, change in use, or reduction in the
physical size of, the facility, the city, city council,
including a charter city council, city and county board
of supervisors, or county board of supervisors shall be
required to make a finding that the need for child care
is no longer present, or is not present to the same
degree as it was at the time the facility was established.
(f) The requirements of Chapter 5 (commencing with
Section 66000) and of the amendments made to
Sections 53077, 54997, and 54998 by Chapter 1002 of
the Statutes of 1987 shall not apply to actions taken in
accordance with this section.
(g) This section shall not apply to a voter-approved
ordinance adopted by referendum or initiative.
65918.
The provisions of this chapter shall apply to charter
cities.
MEYERS NAVE A professional law corporation | CALIFORNIA DENSITY BONUS LAW 2019 25
5.1.b
Packet Pg. 39 Attachment: 2. California State Density Bonus Law Text (Gov Code Sections 65915-65918) (Density Bonus Regulations Amendments)
RESOLUTION NO. 19-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO THE DUBLIN
ZONING ORDINANCE CHAPTER 8.52
EFFECTIVE CITY-WIDE
PLPA-2019-00039
WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to clarify,
add or amend certain provisions to ensure that the Zoning Ordinance remains current with
California state law, internally consistent, simple to understand and implement, and relevant to
changes occurring in the community; and
WHEREAS, the City of Dublin Housing Element includes Program 7: Density Bonuses,
which requires that the City review and revise the Density Bonus Regulations as necessary to
comply with state law; and
WHEREAS, Sections 65915 through 65918 of the California Government Code commonly
referred to as “State Density Bonus Law” establishes the state-wide requirements for density
bonus and other incentives; and
WHEREAS, in response to the City’s Housing Element program and amendments to state
law, Chapter 8.52 (Density Bonus Regulations) requires updates to be consistent with state law;
and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 22,
2019, during which time all interested parties had the opportunity to be heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Staff Report dated October 22, 2019 was submitted to the City of Dublin
Planning Commission recommending City Council approval of the proposed Zoning Ordinance
Amendments; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby
recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and
incorporated herein by reference.
5.1.c
Packet Pg. 40 Attachment: 3. Planning Commission Resolution recommending City Council Approval of Amendments to the Dublin Zoning Ordinance Chapter
2 of 2
PASSED, APPROVED AND ADOPTED this 22th day of October 2019 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Planning Commission Chair
ATTEST:
___________________________________
Assistant Community Development Director
5.1.c
Packet Pg. 41 Attachment: 3. Planning Commission Resolution recommending City Council Approval of Amendments to the Dublin Zoning Ordinance Chapter