HomeMy WebLinkAboutCC Resolution 14891 (Housing Development Policies and Permitting)
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RESOLUTION NO. 14891
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING DENSITY BONUS AND
INCENTIVES REGULATIONS APPLICABLE TO HOUSING DEVELOPMENT PROJECTS THAT
QUALIFY FOR A DENSITY BONUS AS SET FORTH IN SAN RAFAEL MUNICIPAL CODE SECTION
14.16.030
WHEREAS, the City’s Density Bonus regulations, set forth in San Rafael Municipal Code (“SRMC”)
Section 14.16.030(D) (“Affordable housing”) establish eligibility criteria, review procedures and allowable
density bonuses, concessions/incentives, and waivers/reductions of development standards; and
WHEREAS, San Rafael Municipal Code Section 14.16.030(D) was last amended in 2010; and
WHEREAS, over the past 10 years there have been a number of changes set forth in Government
Code Section 65915, commonly referred to as the State Density Bonus Law, that are meant to
encourage development of affordable housing and/or remove barriers to housing in general; and
WHEREAS, some of the provisions outlined in SRMC section 14.16.030(D) no longer align with
Government Code Section 65915 in that the allowed percentage of density bonus and number of
concessions and incentives have been modified by the State; and
WHEREAS, the City Council has adopted amendments to SRMC Section 14.16.030 setting forth
the City’s intent to comply with State Density Bonus Law and providing in new subsection 14.16.030(C)
for the City’s Density Bonus regulations to be established by City Council resolution; and
WHEREAS, the City desires to provide clarity in the applicability of State Density Bonus Law and
flexibility in amending the density bonus regulations as may be required from time to time due to
changes by the State Legislature; and
WHEREAS, the State Density Bonus Law applies citywide, including Downtown San Rafael. The
City recently completed and released the Downtown San Rafael Precise Plan (DTPP), which proposes
affording building height bonuses for projects providing affordable housing. The draft DTPP provisions
for a building height bonus are currently being reviewed and assessed in tandem with the State Density
Bonus Law. The outcome of this review may result in changes to the recommended bonus provisions for
Downtown San Rafael, which are unknown at this time. When the DTPP provisions are finalized and
adopted, it is anticipated that this policy resolution will be amended to incorporate the final DTPP bonus
provisions;
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the following Density
Bonus and Incentives Regulations to implement the provisions of SRMC Section 14.16.030(C):
A. Purpose: In accordance with, Government Code Section 65915 and to avoid any undue
economic burden or cost to the applicant providing affordable units required by the city,
residential development projects of five (5) or more units are eligible for a state density bonus
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and other applicable concessions, incentives and/or waivers and reductions of development
standards, as set forth in this resolution.
B. Density Bonus. A density bonus means a density increase over the otherwise maximum
allowable gross residential density as of the date of application. A density bonus may also be a
lesser percentage of density increase, including, but not limited to, no increase in density. When
calculating a density bonus any calculation resulting in a fractional unit shall be rounded to the
next larger whole number. This rounding shall apply to the base density, required affordable
unit, and any density bonus unit. Eligible projects defined in Section C below shall be allowed a
Density Bonus equal to the allowable percentages set forth in Table 3 of this Resolution.
C. Eligible Projects – unless a project is otherwise ineligible for a density bonus as specified in
Section D below, the following projects are eligible for a density bonus:
a. Projects that provide at affordable housing units at the minimum levels of affordability as
listed in Government Code Section 65915 and as set forth in Table 3 of this Resolution.
The amount of density bonus shall be as specified in that table.
i. An applicant shall agree to continued affordability of all very low and low-income
rental units that qualified the applicant for the award of the density bonus for at
least 55 years.
b. One hundred percent (100%) affordable housing projects that meet the criteria listed
under Government Code Section 65915(b)(1)(G) and as described below shall be eligible
for a density bonus listed under 2. below:
i. All units must be for lower income households except:
1. Does not apply to managers unit
2. Up to 20 percent may be for moderate-income households,
ii. An applicant shall agree to continued affordability for at least 55 years
iii. If the 100% affordable housing 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, the applicant shall choose one of the following density bonuses:
1. Waivers or Concessions as specified in Table 4 of this Resolution;
OR
2. No maximum controls on density.
c. Projects that provide housing for transitional foster youth, as defined in Section 66025.9
of the Education Code, disabled veterans, as defined in California Government Code
Section 18541, or homeless persons, as defined in the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The amount of Density bonus
shall be as specified in Table 3 of this Resolution and shall apply to projects that also
meet the following criteria:
i. shall be subject to a recorded affordability restriction of 55 years
ii. shall be provided at the same affordability level as very low income units.
d. Qualified Student Housing. A qualified student housing development shall be one that
meets all of the following criteria
i. At least 20% units are for lower income students as follows:
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1. The rent available to lower income students shall be calculated at 30
percent of 65 percent of the area median income for a single-room
occupancy unit type.
ii. The development will provide priority for the applicable affordable units for lower
income students experiencing homelessness. Verification of such shall be made
by a local homeless service provider, or institution of higher education that has
knowledge of a person’s homeless status.
iii. 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.
iv. Units shall be subject to a recorded affordability restriction of 55 years.
v. Prior to certificate of occupancy, the applicant/project proponent shall provide
evidence that the applicant/project proponent has entered into an operating
agreement or master lease with one or more qualifying institution to occupy all
units of the student housing development with students from that institution(s).
vi. 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.
e. Senior Housing. A qualified senior housing development shall be a senior citizen housing
development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home
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.
f. Child Care Facilities. for projects that include a childcare facility, an applicant shall be
eligible for density bonus if an applicant proposes to construct a childcare facility meeting
the criteria in section (i) below.
i. An eligible childcare facility shall meet all of the following requirements:
1. It will be located on the premises of, as part of, or adjacent to a proposed
housing development.
2. The childcare facility shall remain in operation for a period of time that is as
long as or longer than the period of time during which the density bonus
units are required to remain affordable.
3. Of the children who attend the childcare facility, the children of very low
income households, lower income households, or families of moderate
income shall equal a percentage that is equal to or greater than the
percentage of dwelling units that are required for very low income
households, lower income households, or families of moderate income.
4. “Childcare facility” as used in this section, means a child daycare facility
(other than a family daycare home) including, but not limited to, infant
centers, preschools, extended daycare facilities, and school-age childcare
centers.
ii. Amount of Density Bonus. An allowable density bonus shall be one the following:
1. An additional density bonus that is in an amount of square feet of
residential space that is equal to or greater than the amount of square feet
in the childcare facility.
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2. An additional concession or incentive designated by the City that
contributes significantly to the economic feasibility of the construction of
the childcare facility.
g. Land Donations meeting all of the following requirements:
i. 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.
ii. 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.
iii. 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.
iv. 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.
v. The transferred land and the affordable units shall be subject to a deed restriction
ensuring continued affordability of the units for a at least 55 years from the time of
development of the transferred property.
vi. The land shall be 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.
vii. 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.
viii. 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. Commercial Projects that partner with a qualified affordable housing project. When an
applicant for approval of a commercial development has entered into an agreement for
partnered housing as described below to contribute affordable housing through a joint
project or two separate projects encompassing affordable housing, the city, shall grant
the commercial developer a development bonus listed as described below. Housing shall
be constructed on the site of the commercial development or on a site that meets all of
the following criteria:
i. Eligible site:
1. Is located within the city limits.
2. The commercial developer may directly build the units; may donate a
portion of the site or property elsewhere to the affordable housing
developer for use as a site for affordable housing; or may make a cash
payment to the affordable housing developer that shall be used towards
the costs of constructing the affordable housing project.
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3. At least 30 percent of the affordable housing units shall be for low-income
households or at least 15 percent of the total units for very low-income
households.
4. Is located in close proximity to public amenities including schools and
employment centers.
5. Is located within one-half mile of a major transit stop, as defined in
subdivision (b) of Section 21155 of the Public Resources Code.
ii. Permitted Development Bonus. One or more of the of the following as deemed
appropriate by the City:
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.
7. 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 allowed under
Government Code Section 65915.
8. 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.
D. Ineligible Projects The following projects shall not be eligible for a Density Bonus:
An applicant shall be ineligible for a density bonus, development bonus, or any other incentives
or concessions if the 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 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 minimum percentages set forth in
subdivision C.a.
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.
E. Amount of Density Bonus. The amount of density bonus shall be as specified in Table 3 of this
resolution. The applicant may request a lesser density bonus, however, the city shall not be
required to similarly reduce the number of units required to be dedicated for affordable housing.
In calculating the density bonus for a project, each project shall be entitled to only one density
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bonus to be selected from the categories in Table 3. Density bonuses from more than one
income category may not be combined.
F. Concession or Incentives. Concession or incentive shall mean any reduction in site
development standards or any modification of zoning or architectural design requirements
necessary pursuant to California Government Code Sections 65915(d)(3) or 65915(e) that would
result in identifiable and actual cost reductions, and facilitate the construction of the residential
development project at the densities provided for in Section 65915. Eligible projects as defined
in subsection C above shall be allowed the number of concessions set forth in Table 4 of this
Resolution. The following concessions/incentives are not required to demonstrate identifiable
and actual cost reductions:
a. Parking concessions shown in Tables 1 and 2.
b. Waiver of planning and building fees subject to City Council Resolution No. 11025.
c. Height bonuses, as identified and listed in Exhibit 10 of the General Plan 2020 Land Use
Element.
d. Twenty percent (20%) reduction in the require yard setback, lot coverage, or landscape
requirement. Each reduction shall count as one concession.
G. Waivers or Reduction of Development Standards. A housing development is eligible for a
waiver or reduction of any development standard that physically precludes the construction of an
affordable housing development at the densities or with the concessions or incentives permitted
by this section. The applicant shall submit the documents outlined in section J. as well as any
additional documents needed to demonstrate how the development standards would impede
development of the project. There is no limit to the number of waivers or reductions requested. A
waiver or reduction shall neither reduce nor increase the number of incentives or concessions to
which the applicant is entitled.
H. Waiver of planning and building fees. An applicant for an affordable housing development
may request a waiver of planning fees pursuant to City Council Resolution No. 11025.
I. Parking Concessions. The maximum parking standards, inclusive of handicapped and guest
parking, shall apply to the entire project as follows:
TABLE 1
MAXIMUM PARKING RATIOS*
FOR
AFFORDABLE HOUSING PROJECTS
UNIT TYPE # OF SPACES PER UNIT**
Studio 1
1 Bedroom 1
2 bedrooms 2
3 + bedrooms 2
*Exception: Residential development projects in the downtown zoning districts
which do not qualify for parking ratios in Table 2 below shall comply with the
parking requirements set forth in Sections 14.18.040 and 14.04.060 of this title.
** fractional units shall be rounded up.
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TABLE 2
MAXIMUM PARKING RATIOS
FOR
SPECIAL PROJECTS NEAR TRANSIT
WITH PARATRANSIT
SERVICE OR ACCESSIBLE
BUS ROUTE *
WITHIN 1/2 MILE OF
MAJOR TRANSIT STOP**
# OF SPACES REQUIRED
Rental/for sale projects with
at least 11% very low income
or 20% lower income units
0.5 spaces per bedroom
Rental senior projects 100%
affordable to lower income
Rental projects 100%
affordable to lower income
0.5 spaces per unit
Rental senior projects 100%
affordable to lower income
0.5 spaces per unit
Rental special needs
projects 100% affordable to
lower income households
Rental supportive housing
developments 100%
affordable to lower income
households
0 spaces per unit
* Bus routes operating at least 8 routes per day
**Major Transit Stop as defined herein
J. Application for a Density Bonus and/or Concessions or Incentives for Residential
Development Projects. Application for a Density Bonus shall be made in the following manner:
a. Request for a Density Bonus and/or request for concessions or incentives for a
residential project shall be made by filing a separate application along with the following
information:
i. Density Bonus size requested;
ii. Density Bonus submittal checklist: This checklist shall include, but not be limited
to the following information: Property location; lot size, zoning allowable residential
density, and allowable number of base units;
iii. Density Bonus eligibility table: This table shall include: the Number of market rate
units in the project; the number of affordable housing units proposed & level of
affordability for each of the designated affordable units; the number of other
eligible units (senior housing, supportive housing, etc); number of density bonus
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units requested; total allowable density bonus (see Table 3 of this City Council
Resolution);
iv. Project plans showing the total number of units, the number and location of the
affordable units and the number and location of the proposed density bonus units;
v. Parking Ratios Table: this table shall include the total number of proposed parking
and the total number of required parking spaces for affordable housing units or for
special projects as shown in Tables 1 and 2 above;
vi. List of requested Concessions/Incentives: The application shall include the total
number of concessions or incentives being requested; the total number of
concessions or incentives for which the project is eligible for by this City Council
Resolution Table 4; a list of the requested concessions or Incentives; written
financial documentation that demonstrates how the requested
concessions/incentives result in identifiable and actual cost reductions. The
written statement shall include the actual cost reduction achieved through the
concession/incentive and evidence that the concession/incentive allows the
applicant to develop affordable housing at the specified affordable rents/sales
price; The cost of reviewing any required financial data submitted as part of the
application in support of a request for a concession or incentive, including, but not
limited to, the cost to the city of hiring a consultant to review said data, shall be
borne by the applicant;
vii. A list of requested waivers or reduction of development standards. Any request
for waivers or reduction of development standards shall be accompanied with
evidence that the development standards for which a waiver is requested would
have the effect of physically precluding the construction of a development at the
densities or with the concessions or incentives permitted by Government Code
Section 65915;
viii. If a density bonus is requested for a qualified land donation, the application shall
show the location of the land to be dedicated and provide evidence that the
requirements of Subsection C.g. of this Section have been met, thus entitling the
project to the requested density bonus;
ix. If a density bonus is requested for construction of a child care facility the
application shall show the location and square footage of the proposed facility and
provide evidence that the requirements of Subsection C.f. above have been met,
thus entitling the project to the requested density bonus.
b. Completeness Review. Within 30 days of submitting a density bonus application, the City
shall notify the applicant of their maximum allowable density bonus and the maximum
number of concessions/incentives. In addition, the applicant shall be notified of any
additional information needed to justify the requested density bonus,
concessions/incentives and any requested waiver or reduction of development standards.
c. Procedures and timelines for processing. The review process for a density bonus project
shall be the same as that required for associated discretionary permits. Discretionary
actions on density bonus projects shall be subject to the same appeal process applied to
associated discretionary permits.
K. Findings for Denial of Concessions or Incentives. The decision-making body shall not
approve a concession or incentive if it makes any of the following findings, in writing and
supported by substantial evidence:
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a. The concession or incentive does not result in identifiable and actual cost reductions to
provide for affordable rents or affordable ownership costs;
b. The waiver or reduction would have a specific, adverse impact, on upon health, safety, or
the physical environment, and for which there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact;
c. Would have an adverse impact on any real property that is listed in the California
Register of Historical Resources; or
d. The grant of a waiver or reduction would be conflict with state or federal law.
L. Findings for Denial of a Waiver or Reduction of Development Standards. The decision-
making body shall not approve a waiver or reduction of development standards if any of the
following findings are made:
a. The development standard for which a waiver is requested would not physically preclude
the construction of the housing development with the density bonus and incentives
permitted by this Resolution.
b. The waiver or reduction would have a specific, adverse impact, on upon health, safety, or
the physical environment, and for which there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact.
c. The waiver or reduction of development standards would have an adverse impact on any
real property that is listed in the California Register of Historical Resources.
d. The grant of a waiver or reduction would be conflict with state or federal law.or
e. The applicant has requested and will receive a waiver from maximum controls on density
as provide in Section C.b. above.
M. Definitions
“Condominium Project” means a development consisting of condominiums as defined in
California Civil Code Section 1351
“Planned development” shall be as defined in California Civil Code Section 1351, a "planned
development" means a development (other than a community apartment project, a condominium
project, or a stock cooperative) having either or both of the following features: (1) the common
area is owned either by an association or in common by the owners of the separate interests
who possess appurtenant rights to the beneficial use and enjoyment of the common area; (2) a
power exists in the association to enforce an obligation of an owner of a separate interest with
respect to the beneficial use and enjoyment of the common area by means of an assessment
which may become a lien upon the separate interests in accordance with Civil Code Sections
1367 or 1367.1.
“Major Transit Stop” means a site containing any of the following:
(a) An existing rail or bus rapid transit station.
(b) A ferry terminal served by either a bus or rail transit service.
(c) The intersection of two or more major bus routes with a frequency of service interval of 15
minutes or less during the morning and afternoon peak commute periods.
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A project shall be considered to be within one-half mile of a major transit stop if all parcels within
the project have no more than 25 percent of their area farther than one-half mile from the stop or
corridor and if not more than 10 percent of the residential units or 100 units, whichever is less, in
the project are farther than one-half mile from the stop or corridor.
BE IT FURTHER RESOLVED that any and all amendments to regulations herein as deemed
necessary from time-to-time shall be adopted by resolution of the City Council.
I, LINDSAY LARA, Clerk of the City of San Rafael, California, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the Council of the City
of San Rafael held on the 16th day of February 2021, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: Kertz
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
EXHIBITS
1. TABLE 3 -Percent allowable Density Bonus by Type of Project
2. TABLE 4- Allowable Concessions and Waivers
PERCENT OF
UNITS
DEDICATED AS
AFFORDABLE
UNITS
1. EXTREMELY
LOW OR VERY
LOW INCOME
UNITS
2. LOWER
INCOME
UNITS
3. MODERATE
INCOME2.
UNITS
4. QUALIFIED
LAND
DONATION
5. QUALIFIED
SUPPORTIVE
HOUSING
6. QUALIFIED
COLLEGE
STUDENT
HOUSING
7. DENISTY
BONUS
FOR
ALL SENIOR
HOUSING 3
0 0 0 0 0 0 0 20%
TABLE 3
PERCENT ALLOWABLE DENSITY BONUS BY TYPE OF PROJECT
16%50%29.00%11%21%20%0 20%
15%50%27.50%10%20%20%0 20%
0 20%
14%46.25%26%9%19%20%0
13%42.50%24.50%8%18%20%
20%
12%38.75%23%7%17%20%0 20%
11%35%21.50%6%16%20%0 20%
0 20%
10%32.50%20%5%15%20%0
9%30%0 0 0 0
20%
8%27.50%0 0 0 0 0 20%
7%25%0 0 0 0 0 20%
0 20%
6%22.50%0 0 0 0 0
5%20%0 0 0 0
20%
PERCENT OF
UNITS
DEDICATED AS
AFFORDABLE
UNITS
1. EXTREMELY
LOW OR VERY
LOW INCOME
UNITS
2. LOWER
INCOME
UNITS
3. MODERATE
INCOME2.
UNITS
4. QUALIFIED
LAND
DONATION
5. QUALIFIED
SUPPORTIVE
HOUSING
6. QUALIFIED
COLLEGE
STUDENT
HOUSING
7. DENISTY
BONUS
FOR
ALL SENIOR
HOUSING 3
TABLE 3
PERCENT ALLOWABLE DENSITY BONUS BY TYPE OF PROJECT
28%50%50%23%33%20%35%20%
27%50%50%22%32%20%35%20%
35%20%
26%50%50%21%31%20%35%
25%50%50%20%30%20%
20%
24%50%50%19%29%20%35%20%
23%50%46%18%28%20%35%20%
35%20%
22%50%42%17%27%20%35%
21%50%38%16%26%20%
20%
20%50%35%15%25%20%35%20%
19%50%33.50%14%24%20%0 20%
0 20%
18%50%32%13%23%20%0
17%50%30.50%12%22%20%
20%
16%50%29.00%11%21%20%0 20%
PERCENT OF
UNITS
DEDICATED AS
AFFORDABLE
UNITS
1. EXTREMELY
LOW OR VERY
LOW INCOME
UNITS
2. LOWER
INCOME
UNITS
3. MODERATE
INCOME2.
UNITS
4. QUALIFIED
LAND
DONATION
5. QUALIFIED
SUPPORTIVE
HOUSING
6. QUALIFIED
COLLEGE
STUDENT
HOUSING
7. DENISTY
BONUS
FOR
ALL SENIOR
HOUSING 3
TABLE 3
PERCENT ALLOWABLE DENSITY BONUS BY TYPE OF PROJECT
40%50%50%35%35%20%35%20%
39%50%50%34%35%20%35%20%
35%20%
38%50%50%33%35%20%35%
37%50%50%32%35%20%
20%
36%50%50%31%35%20%35%20%
35%50%50%30%35%20%35%20%
35%20%
34%50%50%29%35%20%35%
33%50%50%28%35%20%
20%
32%50%50%27%35%20%35%20%
31%50%50%26%35%20%35%20%
35%20%
30%50%50%25%35%20%35%
29%50%50%24%34%20%
20%
28%50%50%23%33%20%35%20%
PERCENT OF
UNITS
DEDICATED AS
AFFORDABLE
UNITS
1. EXTREMELY
LOW OR VERY
LOW INCOME
UNITS
2. LOWER
INCOME
UNITS
3. MODERATE
INCOME2.
UNITS
4. QUALIFIED
LAND
DONATION
5. QUALIFIED
SUPPORTIVE
HOUSING
6. QUALIFIED
COLLEGE
STUDENT
HOUSING
7. DENISTY
BONUS
FOR
ALL SENIOR
HOUSING 3
TABLE 3
PERCENT ALLOWABLE DENSITY BONUS BY TYPE OF PROJECT
2. Moderate income density bonus applies to for sale units, not to rental units.
An applicant who requests a density bonus shall elect the basis of the bonus based on one of the categories (1-6) in this table.
The Denisity Bonus for Senior housing (7) may be agregated with a density bonus for categories 1-6 based on level of affordability
1. Applies when 100% of the total units (other than manager’s units) are restricted to very low, lower and moderate income (maximum 20% moderate).
20%
20%
35%
35%
35%
35%
20%
20%
20%
35%20%
43%50%50%46.25%
44% or greater 50%50%50%
35%20%
42%
3. senior housing developments are not obligated to the affordability requirements. Affordable senior units would be offered an additional density
bonus in line with this table
1. If the housing 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, the city, county, or city and county shall not impose any maximum controls on density.
100%1 80%80%80%35%20%
50%50%42.50%35%35%20%
41%50%50%38.75%35%20%
40%50%50%35%35%20%35%20%
NUMBER OF
ALLOWABLE
INCENTIVES/
CONCESSIONS
ADDITIONAL
INCENTIVES IF
WITHIN 1/2 MILE OF
TRANSIT STOP
ALLOWABLE
WAIVERS OR
REDUCTIONS IN
DEVELOPMENT
STANDARDS
Extremely low/Very
Low Lower Income
Moderate Income
(if part of a common
interest property) -NO MAXIMUM
5%10%10%1 -NO MAXIMUM
10%20%20%2 -NO MAXIMUM
15%30%30%3 -NO MAXIMUM
100%100%100% **4 *
height bonus of up
33 feet.NO MAXIMUM
** includes rental or for sale
TABLE 4
ALLOWABLE CONCESSIONS/INCENTIVES
OR WAIVERS/REDUCTIONS IN DEVELOPMENT STANDARDS
BY LEVEL OF AFFORDABILITY
AFFORDABILITY RATE
* only applies to project when no more than the 20% affordable units are at
moderate income rates