CC 2020-11-10_11a Pre Application HASLO
MEMORANDUM
TO: CITY COUNCIL
FROM: WHITNEY McDONALD, CITY MANAGER/ACTING COMMUNITY
DEVELOPMENT DIRECTOR
BILL ROBESON, ASSISTANT CITY MANGER/PUBLIC WORKS
DIRECTOR
BY: ANDREW PEREZ, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF PRE-APPLICATION NO. 20-004; CONSTRUCTION
OF A PROPOSED MIXED-USE DEVELOPMENT CONSISTING OF 66
AFFORDABLE HOUSING UNITS AND 1,000 SQUARE FEET OF
COMMERCIAL SPACE; LOCATION – 700 OAK PARK BLVD.;
APPLICANT – HOUSING AUTHORITY OF SAN LUIS OBISPO (HASLO);
REPRESENTATIVE – MICHAEL BURKE
DATE: NOVEMBER 10, 2020
SUMMARY OF ACTION:
This pre-application discussion of the proposed project will provide the applicant with
preliminary feedback on the proposal for an affordable housing development at the subject
location.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no impact to financial or personnel resources associated with the pre-application.
RECOMMENDATION:
It is recommended the City Council review the proposed project and provide preliminary
comments to the applicant.
BACKGROUND:
The 2.16-acre site is comprised of four (4) separate parcels, each zoned Office Mixed-Use
(OMU). The parcels are owned by a private party and HASLO has agreed to a purchase
price for all four parcels. The project site is located on Oak Park Blvd. between El Camino
Real and Chilton Street near the western boundary of the City (Attachment 1). Surrounding
land uses include single family residences to the east and south, a mixture of commercial
uses across Oak Park Blvd. to the west, and US Highway 101 to the north. There are two
vacant structures on the site that would be demolished as part of this project.
Item 11.a. - Page 1
CITY COUNCIL
CONSIDERATION OF PRE-APPLICATION NO. 20-004; CONSTRUCTION OF A
PROPOSED MIXED-USE DEVELOPMENT CONSISTING OF 66 AFFORDABLE
HOUSING UNITS AND 1,000 SQUARE FEET OF COMMERCIAL SPACE; APPLICANT
– HOUSING AUTHORITY SAN LUIS OBISPO; REPRESENTATIVE – MICHAEL BURKE
NOVEMBER 10, 2020
PAGE 2
The purpose of the OMU zoning district is to provide areas for the establishment of
corporate, administrative, and medical offices and facilities, commercial services that are
required to support major business medical development, and multi-family housing. The
OMU district implements and is consistent with the Mixed Use land use category of the
General Plan. The OMU zone allows mixed-use developments with the approval of a
conditional use permit (CUP).
Project Description
The application, when submitted, would include a lot merger to combine the four (4) lots into
a single parcel and a conditional use permit to construct the mixed-use development.
HASLO proposes to construct an affordable housing project whereby all of the units will rent
to individuals and families having an annual income at or below 80% of the San Luis Obispo
County’s median income. HASLO will permanently retain ownership of the property and
apartment units and will record deed restrictions or other instruments on title to ensure that
the affordability of the units will be maintained. The project would also include outdoor
recreational space with a barbeque area and children’s playground. The conceptual plan
proposes 66 dwelling units in three (3) separate three-story buildings located along the Oak
Park Blvd. and El Camino Real frontages (Attachment 2). The preliminary unit breakdown
of the 66 units is shown in Table 1.
Table 1: Unit Breakdown
One-bedroom
(500 sq. ft.)
Two-bedroom
(750 sq. ft.)
Three-bedroom
(950 sq. ft.)
Total
Number of Units 31 18 17 66
A commercial suite of approximately 1,000 square feet and a 1,500 square foot indoor
community room are also proposed in the conceptual plan. The architectural style for the
structure has not been determined.
ANALYSIS OF ISSUES:
General Plan Consistency
The General Plan Land Use designation of the project site is Mixed Use, which is intended
to provide for a variety of retail, service, commercial, offices, residential, and other
compatible uses that support multiple neighborhoods and the greater community. The
project appears to be consistent with policies in both the Land Use and Housing Elements
based on staff’s initial evaluation and as discussed below.
The Land Use Element encourages a mixture of residential and commercial uses along the
El Camino Real corridor, as well as developments of varying densities to promote pedestrian
activity and provide better shopping opportunities. In addition to providing space for a
commercial tenant on site, the project site is located less than a quarter-mile from essential
Item 11.a. - Page 2
CITY COUNCIL
CONSIDERATION OF PRE-APPLICATION NO. 20-004; CONSTRUCTION OF A
PROPOSED MIXED-USE DEVELOPMENT CONSISTING OF 66 AFFORDABLE
HOUSING UNITS AND 1,000 SQUARE FEET OF COMMERCIAL SPACE; APPLICANT
– HOUSING AUTHORITY SAN LUIS OBISPO; REPRESENTATIVE – MICHAEL BURKE
NOVEMBER 10, 2020
PAGE 3
goods, services, and restaurants in the Oak Park Plaza on West Branch Street. The project
is also compatible with the growth management policies in the Land Use Element, which
encourage redevelopment of underutilized sites.
Affordable housing projects are strongly encouraged in both the current and draft Housing
Elements. Cooperation with non-profit organizations, such as HASLO, to build affordable
units is also encouraged. The project site is identified as an opportunity site for affordable
housing in the draft 6th cycle Housing Element, as well as the two prior cycles of the City’s
Housing Element.
Development Standards
The conceptual plan meets the development standards for setbacks, height, floor-area ratio
and lot coverage as shown in Table 2. The project qualifies for an 80 percent density bonus
as allowed by State law. Density bonus laws will be discussed in greater detail later in this
report.
Table 2: Development Standards
Development Standard OMU Requirement Proposed
Setbacks:
Front 0-10 feet 0 feet
Rear 0-15 feet 5 feet
Street side 0-15 feet 0 feet
Side 0-5 feet Approx. 80 feet
Floor-Area Ratio 1.0 Approx. 0.50
Lot Coverage 70% <70%
Height 35 feet or three-stories 35 feet
Density
The OMU zoning district allows a maximum of 20 dwelling units per acre for mixed-use
developments. Residential density for mixed-use parcels is calculated differently than
exclusively single- and multi-family residential zoning districts. Pursuant to AGMC Section
16.36.030(C), mixed-use projects use residential density equivalencies to calculate a
project’s density. Table 3 illustrates how that number was determined.
Item 11.a. - Page 3
CITY COUNCIL
CONSIDERATION OF PRE-APPLICATION NO. 20-004; CONSTRUCTION OF A
PROPOSED MIXED-USE DEVELOPMENT CONSISTING OF 66 AFFORDABLE
HOUSING UNITS AND 1,000 SQUARE FEET OF COMMERCIAL SPACE; APPLICANT
– HOUSING AUTHORITY SAN LUIS OBISPO; REPRESENTATIVE – MICHAEL BURKE
NOVEMBER 10, 2020
PAGE 4
Table 3: Density Equivalent Units
Residential
Dwelling Unit
Type
Density Equivalent
Number of Units
Proposed
Project Density
Equivalent Units
Live/Work Unit 0.5 0 0
Studio 0.5 0 0
1-bedroom 0.75 31 23.25
2-bedroom 1.0 18 18
3-bedroom 1.5 17 25.5
4-bedroom 2.0 0 0
Total: 66 66.75
At 2.16 acres, the site can accommodate up to 43 dwelling units according to the City’s
standard density calculations for this zoning category. The applicant would be requesting a
53 percent density bonus to build 66 units. Although the project proposes 66 units, the
number of units for determining compliance with the Municipal Code is 66.75 units.
Density Bonus
Restricting the residential units as affordable for lower households allows the project to
qualify for a density bonus, as well as certain incentives and concessions pursuant to Arroyo
Grande Municipal Code Chapter 16.82. Eligibility for density bonuses is determined by the
percentage of units in a development that are restricted to low income households. This
project qualifies for a 35 percent density bonus under the City’s existing regulations, the
highest allowed by the Municipal Code, because more than 20% of the units will be
affordable to lower income households. The 35 percent density bonus increases the base
density of 43 units by 15 units for a total of 58 units at this site.
State Legislation
Signed into law on October 9, 2019, and effective as of January 1, 2020, Assembly Bill 1763
amended State Density Bonus Law (Government Code §65915) to allow denser affordable
housing developments. The statute applies the density bonus on a sliding scale determined
by the percentage of affordable units within a development (Attachment 3). The proposed
project qualifies for an 80 percent density bonus under this legislation due to 100 percent of
the units being proposed as affordable. Therefore, using the density bonus granted by AB
1763, the project site can accommodate a total of 78 dwelling units. The units granted under
this law are to remain affordable for a minimum of 55 years.
In addition to granting a density bonus, the AB 1763 grants concessions and incentives to
the developer of affordable housing projects based on the percentage of affordable units
Item 11.a. - Page 4
CITY COUNCIL
CONSIDERATION OF PRE-APPLICATION NO. 20-004; CONSTRUCTION OF A
PROPOSED MIXED-USE DEVELOPMENT CONSISTING OF 66 AFFORDABLE
HOUSING UNITS AND 1,000 SQUARE FEET OF COMMERCIAL SPACE; APPLICANT
– HOUSING AUTHORITY SAN LUIS OBISPO; REPRESENTATIVE – MICHAEL BURKE
NOVEMBER 10, 2020
PAGE 5
proposed. The incentives or concessions must be granted by the City unless findings are
made, based on substantial evidence stated in the record, that the incentives or concessions
(i) do not result in an identifiable and actual cost reduction, (ii) would have a specific adverse
impact upon public health and safety, the physical environment, or any historical property
for which there is no feasible method to satisfactorily mitigate without rendering the
development unaffordable to lower income households, or (iii) if they are contrary to state
or federal law.
The proposed project would qualify for four (4) incentives based on providing 100 percent
of the units to lower income households. The incentives and concession as described in the
legislative text may include:
A reduction in site development standards 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, necessary to construct affordable housing units
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
Other regulatory incentives or concessions proposed by the developer or the city,
that result in identifiable and actual cost reductions to provide for affordable housing
costs
The developer will identify the requested incentives and concessions as part of its formal
entitlement application.
State law also significantly impacts the discretion afforded to local governments when
reviewing and acting on affordable housing projects. In particular, the Housing
Accountability Act (Government Code §65589.5) prohibits local governments from denying
or reducing the density of proposed affordable housing projects except where findings are
made, based on substantial evidence in the record, that either (i) the project fails to meet
applicable, objective general plan, zoning, and subdivision standards and criteria, or (ii) the
project would have a specific, adverse impact upon the public health or safety and there is
no other way to mitigate or avoid those impacts. Receipt of a density bonus does not
constitute an inconsistency with the local agency’s objective standards.
Access and Parking
Currently, the only vehicular access into the site is from one driveway on El Camino Real.
The driveway is shared by the veterinarian practice located just to the east of the project
site. It is unknown if a reciprocal access agreement has been recorded to legalize this
access. The existing driveway is proposed to remain, and two (2) new points of access are
proposed off Chilton Street.
Item 11.a. - Page 5
CITY COUNCIL
CONSIDERATION OF PRE-APPLICATION NO. 20-004; CONSTRUCTION OF A
PROPOSED MIXED-USE DEVELOPMENT CONSISTING OF 66 AFFORDABLE
HOUSING UNITS AND 1,000 SQUARE FEET OF COMMERCIAL SPACE; APPLICANT
– HOUSING AUTHORITY SAN LUIS OBISPO; REPRESENTATIVE – MICHAEL BURKE
NOVEMBER 10, 2020
PAGE 6
The State’s density bonus law allows parking reductions by-right through the entitlement
process for projects that qualify for a density bonus. Under this law, affordable housing
projects require one (1) space for studios and 1-bedroom units and two (2) spaces for 2-3
bedroom units. Projects that do not include affordable housing units must provide one
additional parking space for every four (4) units in the development for guest parking.
However, parking rates for affordable housing developments are inclusive of guest parking.
As a result, additional guest parking beyond the resident parking is not required. The
commercial component of the project has a parking rate of 1 space for every 250 square
feet of gross commercial floor area. The parking requirement for the unit mix proposed in
the conceptual plan is 105 spaces. A total of 88 parking spaces are proposed in the three
terraced parking lots on site. The density bonus law also allows all parking spaces to be
uncovered, and further parking reductions can be sought under the concession provisions.
Next Steps
With feedback from City Council and the public, the applicant will refine the project design
and prepare an application for a formal submittal. Staff will begin the environmental review
process, which will likely include an Initial Study and Mitigated Negative Declaration. The
project will undergo review from the Staff Advisory Committee and Architectural Review
Committee prior to a public hearing with Planning Commission.
ALTERNATIVES:
The following alternatives are presented for City Council consideration:
1. Provide preliminary comments and suggestions to the applicant regarding the
proposed project, as presented; or
2. Provide other direction to staff and/or the applicant.
ADVANTAGES:
The applicant is currently seeking comments and suggestions from the City Council and the
public on processing conditional use permit to construct an affordable housing development
in the OMU zoning district. Comments made on the proposed project will provide the
applicant with information to make an informed decision whether or not to pursue the
application process.
DISADVANTAGES:
The project site includes one side that is located adjacent to a sensitive use/single-family
residential neighborhood. The neighborhood may be impacted by the proposal if appropriate
mitigation is not incorporated and implemented.
ENVIRONMENTAL REVIEW:
No environmental review is required for this pre-application item. Appropriate environmental
review will be required as part of processing the formal project submittal. The formal
Item 11.a. - Page 6
CITY COUNCIL
CONSIDERATION OF PRE-APPLICATION NO. 20-004; CONSTRUCTION OF A
PROPOSED MIXED-USE DEVELOPMENT CONSISTING OF 66 AFFORDABLE
HOUSING UNITS AND 1,000 SQUARE FEET OF COMMERCIAL SPACE; APPLICANT
– HOUSING AUTHORITY SAN LUIS OBISPO; REPRESENTATIVE – MICHAEL BURKE
NOVEMBER 10, 2020
PAGE 7
application will require a thorough analysis of potential environmental impacts pursuant to
the California Environmental Quality Act (CEQA).
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2. Public hearing notices are not required for pre-
applications, however members of the public that have previously expressed interest in the
project site were notified by staff via email.
Attachment:
1. Location Map
2. Conceptual Project Plan
3. AB 1763
Item 11.a. - Page 7
ATTACHMENT 1
VIEW FROM OAK PARK INTERSECTION LOOKING SOUTHEAST
Item 11.a. - Page 8
VIEW FROM EL CAMINO REAL LOOKING SOUTH
VIEW FROM CHILTON ST LOOKING NORTH
Item 11.a. - Page 9
3
700 OAK PARK FEASIBILTY STUDY A1#1812-01-RS20
21 SeptembeR 2020
1 : 30 (24X36 SHEET)
0 15 30 60
1/16” = 1’-0” (12X18 SHEET)CONCEPTUAL SITE PLAN & MASSING
UNIt mIX FeASIbILItY mASSING - N.t.S.
0’ FRONt SetbACK
CHILtON StReet
e L CA m INO R e AL
OAK pARK bLVD.950 SF
3- BED
950 SF
3- BED500 SF
1- BED
500 SF
1- BED
750 SF
2- BED
750 SF
2- BED750 SF
2- BED
5’ SIDe SetbACK
BBQ AREA
1,550 SF
COMMON BBQ AREA
500 SF
1-BEDROOMS 500 SF
1-BEDROOMS
44 PARKING
SPACES
21 PARKING
SPACES
23 PARKING
SPACES
1,550 SF
COMMON
1,000 SF
COMMERCIAL
PLAY
ADA
44 PARKING
SPACES ON
LOWER LEVEL
21 PARKING
SPACES ON
HIGHEST LEVEL
23 PARKING
SPACES ON
MIDDLE LEVEL
STATISTICS:
APN:077-011-010, 011, 012, 013
SITE AREA:94,089.6 SF. = 2.16 ACReS
ZONING:OFFICe mIXeD USe
DENSITY PROPOSED:30.56 D.U. peR ACRe
1-BED (PINK)31 (500 SF)
2-BED (BLUE)18 (750 SF)
3-BED (YELLOW)17 (950 SF)
COMMERCIAL (RED) 1 (1,000 SF)
COMMON (ORANGE) 1 (1,550 SF)
GRAND TOTAL 66 RESIDENTIAL UNITS (52% DENSITY BONUS)
GRAND TOTAL DENSITY 66 D.U.
REQUIRED PARKING:1 SpACe peR 1-beD =31 SpACeS
2 SpACeS peR 2/3 beD = 70 SpACeS
1/300 SF COmmeRCIAL = 3 SpACeS
104 SPACES REQUIRED
PROVIDED PARKING:88 SPACES
MAX. ALLOWED HEIGHT:35 Ft.
MAX. PROPOSED HEIGHT:35 Ft.
REQUIRED SETBACKS 0’ FRONt
0’ SIDe
0’ ReAR
PROJECT DESCRIPTION
SITE PLAN
1:30 SCALe
950 SF
3-BEDROOMS
950 SF
3-BEDROOMS
750 SF
2-BEDROOMS
750 SF
2-BEDROOMS
750 SF
2-BEDROOMS
mIXeD-USe pROJeCt CONSIStING OF 66 UNItS OF AFFORDAbLe HOUSING, 1,000 SF OF
COmmeRCIAL AND 1,500 SF COmmUNItY SpACe. pROpOSING A 52% DeNSItY bONUS
OR 30.5 DeNSItY UNIt peR ACRe. tHIS pROJeCt WOULD be ReQUeStING A pARKING
ReDUCtION OF AppROXImAteLY 16%.
ATTACHMENT 2
Item 11.a. - Page 10
Assembly Bill No. 1763
CHAPTER 666
An act to amend Section 65915 of the Government Code, relating to
housing.
[Approved by Governor October 9, 2019. Filed with Secretary
of State October 9, 2019.]
legislative counsel’s digest
AB 1763, Chiu. Planning and zoning: density bonuses: affordable housing.
Existing law, known as the Density Bonus Law, requires a city or county
to provide a developer that proposes a housing development within the
jurisdictional boundaries of that city or county with a density bonus and
other incentives or concessions for the production of lower income housing
units, or for the donation of land within the development, if the developer
agrees to construct a specified percentage of units for very low income,
low-income, or moderate-income households or qualifying residents and
meets other requirements. Existing law provides for the calculation of the
amount of density bonus for each type of housing development that qualifies
under these provisions.
This bill would additionally require a density bonus to be provided to a
developer who agrees to construct a housing development in which 100%
of the total units, exclusive of managers’ units, are for lower income
households, as defined. However, the bill would provide that a housing
development that qualifies for a density bonus under its provisions may
include up to 20% of the total units for moderate-income households, as
defined. The bill would also require that a housing development that meets
these criteria receive 4 incentives or concessions under the Density Bonus
Law and, if the development is located within ½ of a major transit stop, a
height increase of up to 3 additional stories or 33 feet. The bill would
generally require that the housing development receive a density bonus of
80%, but would exempt the housing development from any maximum
controls on density if it is located within ½ mile of a major transit stop. The
bill would prohibit a housing development that receives a waiver from any
maximum controls on density under these provisions from receiving a waiver
or reduction of development standards pursuant to existing law, other than
as expressly provided in the bill. The bill would also make various
nonsubstantive changes to the Density Bonus Law.
Existing law requires that an applicant for a density bonus agree to, and
that the city and county ensure, the continued affordability of all very low
and low-income rental units that qualified the applicant for a density bonus
for at least 55 years, as provided. Existing law requires that the rent for
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ATTACHMENT 3
Item 11.a. - Page 11
lower income density bonus units be set at an affordable rent, as defined in
specified law.
This bill, for units, including both base density and density bonus units,
in a housing development that qualifies for a density bonus under its
provisions as described above, would instead require that the rent for at
least 20% of the units in that development be set at an affordable rent,
defined as described above, and that the rent for the remaining units be set
at an amount consistent with the maximum rent levels for a housing
development that receives an allocation of state or federal low-income
housing tax credits from the California Tax Credit Allocation Committee.
Existing law, upon the request of the developer, prohibits a city, county,
or city and county from requiring a vehicular parking ratio for a development
meeting the eligibility requirements under the Density Bonus Law that
exceeds specified ratios. For a development that 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 specified law, and that is a
special needs housing development, as defined, existing law limits that
vehicular parking ratio to 0.3 spaces per unit.
This bill would instead, upon the request of the developer, prohibit a city,
county, or city and county from imposing any minimum vehicular parking
requirement for a development that consists solely of rental units, exclusive
of a manager’s unit or units, with an affordable housing cost to lower income
families and is either a special needs housing development or a supportive
housing development, as those terms are defined.
By adding to the duties of local planning officials with respect to the
award of density bonuses, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for
a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 65915 of the Government Code, as amended by
Chapter 937 of the Statutes of 2018, is amended to read:
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
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— 2 — Ch. 666
Item 11.a. - Page 12
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 development for lower
income households, as defined in Section 50079.5 of the Health and Safety
Code.
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Ch. 666 — 3 — Item 11.a. - Page 13
(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.
(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 and 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.
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— 4 — Ch. 666 Item 11.a. - Page 14
(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.
(G) One hundred percent of the total units, exclusive of a manager’s unit
or units, are for lower income households, as defined by Section 50079.5
of the Health and Safety Code, except that up to 20 percent of the total units
in the development may be for moderate-income households, as defined in
Section 50053 of the Health and Safety Code.
(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), (F), or (G) 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) (A) 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.
(B) (i) Except as otherwise provided in clause (ii), 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.
(ii) For housing developments meeting the criteria of subparagraph (G)
of paragraph (1) of subdivision (b), rents for all units in the development,
including both base density and density bonus units, shall be as follows:
(I) The rent for at least 20 percent of the units in the development shall
be set at an affordable rent, as defined in Section 50053 of the Health and
Safety Code.
(II) The rent for the remaining units in the development shall be set at
an amount consistent with the maximum rent levels for a housing
development that receives an allocation of state or federal low-income
housing tax credits from the California Tax Credit Allocation Committee.
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Ch. 666 — 5 — Item 11.a. - Page 15
(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
agreement:
(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 government’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 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 exercise 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
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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
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Ch. 666 — 7 — Item 11.a. - Page 17
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 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 the applicant’s 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.
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(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.
(D) Four incentives or concessions for projects meeting the criteria of
subparagraph (G) of paragraph (1) of subdivision (b). If the project 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 also
receive a height increase of up to three additional stories, or 33 feet.
(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.
Subject to paragraph (3), 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 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
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Ch. 666 — 9 — Item 11.a. - Page 19
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).
(3) A housing development that receives a waiver from any maximum
controls on density pursuant to clause (ii) of subparagraph (D) of paragraph
(3) of subdivision (f) shall not be eligible for, and shall not receive, a waiver
or reduction of development standards pursuant to this subdivision, other
than as expressly provided in subparagraph (D) of paragraph (2) of
subdivision (d) and clause (ii) of subparagraph (D) of paragraph (3) of
subdivision (f).
(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:
Percentage Density
Bonus
Percentage Low-Income Units
20 10
21.5 11
23 12
24.5 13
26 14
27.5 15
30.5 17
32 18
33.5 19
35 20
(2) For housing developments meeting the criteria of subparagraph (B)
of paragraph (1) of subdivision (b), the density bonus shall be calculated as
follows:
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Percentage Density Bonus Percentage Very Low Income Units
20 5
22.5 6
25 7
27.5 8
30 9
32.5 10
35 11
(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.
(D) For housing developments meeting the criteria of subparagraph (G)
of paragraph (1) of subdivision (b), the following shall apply:
(i) Except as otherwise provided in clause (ii), the density bonus shall
be 80 percent of the number of units for lower income households.
(ii) 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.
(4) For housing developments meeting the criteria of subparagraph (D)
of paragraph (1) of subdivision (b), the density bonus shall be calculated as
follows:
Percentage Density Bonus Percentage Moderate-Income Units
5 10
6 11
7 12
8 13
9 14
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
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Ch. 666 — 11 — Item 11.a. - Page 21
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
31 36
32 37
33 38
34 39
35 40
(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:
Percentage Density Bonus Percentage Very Low Income
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
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33 28
34 29
35 30
(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 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.
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Ch. 666 — 13 — Item 11.a. - Page 23
(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 childcare
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 childcare facility.
(B) An additional concession or incentive that contributes significantly
to the economic feasibility of the construction of the childcare 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 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 pursuant to subdivision (c).
(B) 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 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 childcare facility if it finds, based upon substantial evidence,
that the community has adequate childcare facilities.
(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 schoolage
childcare 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.
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(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 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.
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Ch. 666 — 15 — Item 11.a. - Page 25
(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 development
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), (3), and (4), 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:
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— 16 — Ch. 666 Item 11.a. - Page 26
(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 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) Notwithstanding paragraphs (1) and (8), 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, and the development is either a
special needs housing development, as defined in Section 51312 of the
Health and Safety Code, or a supportive housing development, as defined
in Section 50675.14 of the Health and Safety Code, then, upon the request
of the developer, a city, county, or city and county shall not impose any
minimum vehicular parking requirement. A development that is a special
needs housing 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.
(5) 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.
(6) 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).
(7) 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.
(8) 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
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Ch. 666 — 17 — Item 11.a. - Page 27
shall make findings, based on a parking study completed in conformity with
this paragraph, supporting the need for the higher parking ratio.
(9) 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.
SEC. 2. No reimbursement is required by this act pursuant to Section 6
of Article XIIIB of the California Constitution because a local agency or
school district has the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.
O
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