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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 5.1 Packet Pg. 11 Page 2 of 5 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 5.1 Packet Pg. 12 Page 3 of 5 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 5.1 Packet Pg. 13 Page 4 of 5 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 5.1 Packet Pg. 14 Page 5 of 5 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 5.1 Packet Pg. 15 - 1 - 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) - 2 - 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: 5.1.a Packet Pg. 17 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments) - 3 - 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 5.1.a Packet Pg. 18 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments) - 4 - 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 5.1.a Packet Pg. 19 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments) - 5 - 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 5.1.a Packet Pg. 20 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments) - 6 - 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. 5.1.a Packet Pg. 21 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments) - 7 - 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 5.1.a Packet Pg. 22 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments) - 8 - 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. 5.1.a Packet Pg. 23 Attachment: 1. Ordinance approving Amendments to Dublin Zoning Ordinance Chapter 8.52 (Density Bonus Regulations Amendments) - 9 - 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 5.1.b Packet Pg. 32 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 19 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 Packet Pg. 33 Attachment: 2. California State Density Bonus Law Text (Gov Code Sections 65915-65918) (Density Bonus Regulations Amendments) 20 MEYERS NAVE A professional law corporation | CALIFORNIA DENSITY BONUS LAW 2019 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 Packet Pg. 34 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 21 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 Packet Pg. 35 Attachment: 2. California State Density Bonus Law Text (Gov Code Sections 65915-65918) (Density Bonus Regulations Amendments) 22 MEYERS NAVE A professional law corporation | CALIFORNIA DENSITY BONUS LAW 2019 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 5.1.b Packet Pg. 36 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 23 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 Packet Pg. 37 Attachment: 2. California State Density Bonus Law Text (Gov Code Sections 65915-65918) (Density Bonus Regulations Amendments) 24 MEYERS NAVE A professional law corporation | CALIFORNIA DENSITY BONUS LAW 2019 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