§ 18.64.030 — Allowed Density Bonuses

The Council shall determine the amount of a density bonus allowed in a housing development in compliance with this Section. For the purposes of this Chapter, "density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable General Plan Land Use designation and zone as of the date of application to the City. A. Density Bonus. A housing development that complies with the eligibility requirements specified in Subsection 18.64.020 A., above, shall be entitled to density bonuses as follows, unless a lesser percentage is proposed by the applicant. 1. Bonus for Lower Income Household Units. A housing development that is eligible for a bonus in compliance with the criteria specified in Subparagraph 18.64.020 A.1. (Lower Income Households), including a shared housing building development, shall be entitled to a density bonus calculated in compliance with Table 4-5 (Bonus for Lower Income Households): Table 4-5 Bonus for Lower Income Households

| | Percentage of Low-Income Units | | Percentage of Density Bonus | |---|---|---|---| | Proposed | | 10 | 20 | | 11 | 21.5 | | 12 | 23 | | 13 | 24.5 | | 14 | 26 | | 15 | 27.5 | | 16 | 29 | | 17 | 30.5 | | 18 | 32 | | 19 | 33.5 | | 20 | 35 | | 21 | 38.75 | | 22 | 42.5 | | 23 | 46.25 | | 24 | 50 |

2. Bonus for Very Low-Income Household Units. A housing development that is eligible for a bonus in compliance with the criteria specified in Subparagraph 18.64.020 A.2. (Very Low-Income Households), including a shared housing building development, shall be entitled to a density bonus calculated in compliance with Table 4-6 (Bonus for Very Low-Income Households): Table 4-6 Bonus for Very-Low Income Households

| | Percentage of Very-Low Income Units | | Percentage of Density Bonus | |---|---|---|---| | Proposed | | 5 | 20 | | 6 | 22.5 | | 7 | 25 | | 8 | 27.5 | | 9 | 30 | | 10 | 32.5 | | 11 | 35 | | 12 | 38.75 | | 13 | 42.5 | | 14 | 46.25 | | 15 | 50 |

3. Bonus for Senior Citizen Development. a. A housing development that is eligible for a bonus in compliance with the criteria in Subparagraph 18.64.020 A.3. (senior citizen development or mobile home park) shall be entitled to a density bonus of 20 percent of the number of senior housing units. For purposes of this subparagraph, “development” includes a shared housing building development. b. For development restricting 100 percent of the residential units for senior housing, allow development at any residential density, provided that any increased density is compatible with planned uses on neighboring properties and consistent with other applicable General Plan policies. 4. Bonus for Moderate Income Units in For-Sale Development. A housing development that is eligible for a bonus in compliance with the criteria specified in Subparagraph 18.64.020 A.4. (Moderate Income Households in a For-Sale Development)) shall be entitled to a density bonus calculated in compliance with Table 4-7 (Bonus for Moderate-Income Households): Table 4-7 Bonus for Moderate-Income Households

| | Percentage of Moderate-Income Units | | Percentage of Density Bonus | |---|---|---|---| | Proposed | | 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 | | 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 | | 41 | 38.75 |

| 42 | 42.5 | |---|---| | 43 | 46.25 | | 44 | 50 |

5. Bonus for Other Identifiable Groups. A housing development that is eligible for a bonus in compliance with the criteria in Subparagraph 18.64.020 A.5. (Other Identifiable Groups) shall be entitled to a density bonus of 10 percent of the number of housing units giving rise to a density bonus under that Paragraph. 6. Bonus for Student Housing Development with Low-Income Units. A housing development that is eligible for a bonus in compliance with the criteria specified in Subparagraph 18.64.020.A.6 (Student Housing) shall be entitled to a density bonus calculated in compliance with Table 4-8 (Bonus for Low-Income Student Housing). For purposes of calculating a density bonus granted pursuant to this paragraph, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities: Table 4-8 Bonus for Low-Income Student Housing

| | Percentage of Low Income Units | | Percentage of Density Bonus | |---|---|---|---| | Proposed | | 20 | 35 | | 21 | 38.75 | | 22 | 42.5 | | 23 | 46.25 | | 24 | 50 |

7. 100 Percent Affordable Developments. a. A housing development that is eligible for a bonus in compliance with the criteria in paragraph 18.64.020.A.7 (100 Percent Affordable Developments), that meets all of the following requirements: (1) The rent for at least 20 percent of the total units in the development (excluding a manager’s unit or units) shall meet the requirements for “affordable rent” specified in Health and Safety Code Section 50053. (2) The rent for all other units in the development (excluding a manager’s unit or units) shall meet the requirements for developments that receive an allocation of State or Federal low-income housing tax credits from the California Tax Credit Allocation Committee. b. Amount of bonus available. (1) Except as otherwise provided in subparagraph (2), the density bonus shall be 80 percent of the number of units for lower-income households. (2) If the housing development is located within one-half mile of a major transit stop, the City shall not impose any maximum controls on density. (3) If the housing development is located in a very low vehicle travel area within a designated county, the city, county, or city and county shall not impose any maximum controls on density. 8. Condominium Conversions. A housing development that is eligible for a bonus in compliance with the criteria specified in paragraph 18.64.020.A.8 (Condominium Conversions) shall be entitled to a 25 percent density bonus. 9. Properties within One-Quarter Mile of A Multimodal Transit Stop. For properties within one-quarter mile of a multimodal transit stop, allow a 10 percent increase in residential density and/or a 10 percent increase in the maximum allowed nonresidential square footage, provided that the increased density and/or intensity is compatible with planned uses on neighboring properties and consistent with other applicable General Plan policies. 10. Development Proposing A Minimum LEED Gold or Greater Equivalent. For development proposing a minimum LEED Gold or greater equivalent, allow a 10 percent increase in residential density and/or a 10 percent increase in the maximum allowed nonresidential square footage, provided that the increased density and/or intensity is compatible with planned uses on neighboring properties and consistent with other applicable General Plan policies. 11. Childcare Facilities. A housing development that is eligible for a bonus in compliance with the criteria specified in paragraph 18.64.020.A.9 (Housing with Childcare Facilities) shall be entitled to a density bonus in compliance with Section 18.64.060. 12. Density Bonus for Land Donation. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the City in compliance with this Paragraph, the applicant shall be entitled to a density bonus for the entire development, as follows; provided, that nothing in this Paragraph shall be construed to affect the authority of the City to require a developer to donate land as a condition of development approval. a. Basic Bonus. The applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable General Plan Land Use Plan designation and zone for the entire development, in compliance with Table 4-8 (Basic Bonus): Table 4-9 Basic Bonus

| | Percentage of Very Low- | | | Percentage of Density | | |---|---|---|---|---|---| | Income Units Proposed | Bonus | | 10 | 15 | | 11 | 16 | | 12 | 17 | | 13 | 18 | | 14 | 19 | | 15 | 20 | | 16 | 21 | | 17 | 22 |

Table 4-9 Basic Bonus

| | Percentage of Very Low- | | | Percentage of Density | | |---|---|---|---|---|---| | Income Units Proposed | Bonus | | 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 |

b. Increased Bonus. The increase identified in Table 4-8 (Basic Bonus) above shall be in addition to any increase in density allowed by Paragraphs A.1. through A.11., up to a maximum combined density increase of 35 percent if an applicant seeks both the increase required in compliance with this Paragraph A.12., as well as the bonuses provided by Subsections A.1. through A.11 c. Eligibility for Increased Bonus. An applicant shall be eligible for the increased density bonus provided by this Paragraph only if all the following conditions are met: (1) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, final parcel map, or residential development application. (2) The developable acreage and zoning classification of the land being transferred are sufficient to allow 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. (3) The transferred land is at least one acre in size, or of sufficient size to allow development of at least 40 dwelling units; has the appropriate General Plan Land Use Plan designation; is appropriately zoned with development standards for development at the density described in Government Code Section 65583.2(c)(3); and, is or will be served by adequate public facilities and infrastructure. (4) No later than the date of approval of the final subdivision map, final parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than Architectural Review and Building Permits, necessary for the development of the very low income housing units on the transferred land. (5) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 18.64.070 (Continued Availability), which shall be recorded on the property at the time of dedication. (6) The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the approved housing developer. (7) The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development. (8) The applicant identifies a proposed source of funding for the very low-income units not later than the date of approval of the final subdivision map, final parcel map, or residential development application. (9) Any land that is donated to the City in compliance with to SCCC Chapter 17.35 (“Park and Recreational Land”) is ineligible for a density bonus in compliance with this paragraph. B. Greater or Lesser Bonuses. The City may choose to grant a density bonus greater than provided by this Section for a development that meets the requirements of this Section or grant a proportionately lower density bonus for a development that does not fully comply with the requirements of this Section. C. Density Bonus Calculations. The calculation of a density bonus in compliance with this Section that results in fractional units shall be rounded up to the next whole number, as required by State law. For calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. D. Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Zone Map amendment, or other discretionary approval. 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. E. Location of Bonus Units. The developer may locate density bonus units in the housing development project in areas other than where the units for the lower income households are located. F. Additional Density Bonus Pursuant to AB 1287 (2023). A project that provides sufficient affordable units to qualify for a 50% density bonus pursuant to paragraphs 1, 2, or 4 of subsection A, which also commits to providing additional affordable units, shall be eligible for an additional density bonus as follows, unless a lesser percentage is proposed by the applicant: 1. Additional Bonus for Very-Low Income Units. A housing development that provides additional units for Very Low-Income Households meeting the requirements of Section 18.64.020.A.2 shall be entitled to an additional density bonus calculated in compliance with Table 4-9 (Additional Bonus for Very Low-Income Households): Table 4-10 Additional Bonus for Very Low-Income Households

| | Additional Percentage of Very Low- | | | Percentage of Additional Density | | |---|---|---|---|---|---| | Income Units Proposed | Bonus | | 5 | 20 | | 6 | 23.75 | | 7 | 27.5 | | 8 | 31.25 | | 9 | 35 | | 10 | 38.75 |

2. Additional Bonus for Moderate-Income Units. A housing development that provides additional for-sale units for Moderate Income Households meeting the requirements of Section 18.64.020.A.4 shall be entitled to an additional density bonus calculated in compliance with Table 4-10 (Additional Bonus for Moderate-Income Households): Table 4-11 Additional Bonus for Moderate-Income Households

| | Percentage of Additional Moderate- | | | Percentage of Additional | | |---|---|---|---|---|---| | Income Units Proposed | Density Bonus | | 5 | 20 | | 6 | 22.5 | | 7 | 25 | | 8 | 27.5 | | 9 | 30 | | 10 | 32.5 | | 11 | 35 | | 12 | 38.75 | | 13 | 42.5 | | 14 | 46.25 | | 15 | 50 |