Chapter 17.38 — DENSITY BONUS

The purpose of this chapter is to establish a program for density bonuses and other incentives in accordance with California Government Code Section 65915 et seq. to encourage the creation of housing affordable to moderate-, low-, and very low-income households, seniors, and other qualifying households under state law. (Ord. 2024-09 § 2, 2024)

A. General. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as it may be amended from time to time.

1. Density bonus, as defined in California Government Code Section 65915, means a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

B. Compliance. The applicant shall comply with all requirements stated in California Government Code Sections 65915 through 65918. The requirements of California Government Code Sections 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this Code.

C. Excluded development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under California Government Code Section 65915.

D. Interpretation. The provisions of this chapter shall be interpreted to implement and be consistent with the requirements of California Government Code Section 65915. Any changes to California Government Code Section 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this chapter conflicts with state density bonus law or other applicable state law and such conflict results in a density bonus that is less than what would otherwise be allowed through state law, state law shall supersede the conflicting provision in this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state density bonus law.

E. Replacement housing requirement. Pursuant to California Government Code Section 65915(c)(3), an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein. (Ord. 2024-09 § 2, 2024)

A. General. If a qualifying affordable housing project or land transfer/cash payment meets the criteria of California Government Code Section 65915 et seq., the project shall be granted a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq.

B. Local density bonus enhancement. The following projects may request density bonuses and incentives beyond those provided California Government Code Section 65915 as established below:

1. Senior housing project. Senior housing projects may request density bonus of at least ten percent (10%) above the density bonus provided under state density bonus provisions. For example, a senior housing project that is eligible for a thirty percent (30%) density bonus under state density bonus provisions would be eligible for a forty percent (40%) density bonus with application of the local density bonus enhancement.

C. Density bonus units. Except as otherwise required by California Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus. (Ord. 2024-09 § 2, 2024)

A. Requested modifications. In accordance with the provisions and restrictions established by California Government Code Section 65915, the applicant for a density bonus may submit a request for the waiver or reduction of development standards; concessions or incentives; and parking reductions.

B. Waiver or reduction of standards. The city shall grant a waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant, unless It finds any of the following:

1. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed In the California Register of Historical Resources; or

4. The waiver or reduction of the development standard would be contrary to state or federal law.

C. Concessions or incentives. The city shall grant concessions or incentives requested by the applicant, the number of which is established by California Government Code Section 65915(d), unless the city makes a written finding, based upon substantial evidence, of any of the following:

1. The concession or incentive does not result in identifiable and actual cost reductions as defined in California Government Code Section 65915, to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

2. The concession or incentive would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety 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 lowincome and moderate-income households.

3. The concession or incentive would be contrary to state or federal law.

D. Parking reductions. The applicant may request, and the city shall grant, a reduction in parking requirements in accordance with California Government Code Section 65915(p). (Ord. 2024- 09 § 2, 2024)

A. Affordable housing agreement. The applicant shall complete an affordable housing agreement to establish terms of affordability for affordable units within the proposed project, per Chapter 17.32 Affordable Housing Requirements.

B. Design. Affordable units shall have the same exterior appearance and quality of const ruction as the market-rate units. Appliances and finishes in the affordable units shall be the same as in the market rate units with the same number of bedrooms.

C. Size. The size of affordable units shall be the same size as the market rate units in the development. For the purposes of this section,

"same size" shall mean that the affordable units shall satisfy all of the following requirements:

1. The number of bedrooms in affordable units shall be the same as the number of bedrooms in the market rate units. If the market rate units have varied numbers of bedrooms, the distribution of the number of bedrooms in the affordable units shall be the same percentages as in the market rate units;

2. The square footage of an affordable unit shall be no less than ninety percent (90%) of the median square footage of the market rate units with the same number of bedrooms; and

3. If the affordable unit is alienable separate from the title to any other dwelling unit, the parcel on which the affordable unit is located shall be no less than ninety percent (90%) of the median square footage of the parcels on which market rate units with the same number of bedrooms are located.

D. Distribution. In a mixed-income development, affordable units shall be dispersed throughout the development. Without limiting the foregoing, in no event shall an affordable unit be adjacent to more than one other affordable unit (unless the adjacent affordable unit is located on a different floor in a multi-floor building). Residents of affordable units shall be entitled to use all of the same amenities and facilities of the residential development as residents of market rate units within the residential development.

E. For sale units. Projects consisting of for-sale units shall meet conditions for sale and re-sale, including equity sharing agreements, established in California Government Code Section 65915, et seq.

F. Local preference. Except when prohibited by state or federal law, preference shall be given to households that live or work in Pinole when selling or leasing affordable units within a density bonus development. (Ord. 2024-09 § 2, 2024)

A. Application requirements. An application for a density increase or other incentives under this chapter shall be submitted in writing to the Planning Division to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter, and in

connection with the project for which the request is made, including, but not limited to, the following:

1. A brief description of the proposed housing development;

2. The total number of housing units and/or shared housing units (as defined in California Government Code Section 65915(o)(6) proposed in the development project, including unit sizes and number of bedrooms;

3. The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

4. The total number of units to be made affordable for sale or rental to very low-, low- or moderate-income households, or senior citizens, or other qualifying residents;

5. The zoning, general plan designations, and assessor's parcel number(s) of the project site;

6. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways, and parking layout;

7. A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

• B. Application review. The application shall be considered as follows:

1. Review of density bonus applications shall be in conjunction with the requested entitlements to develop the project. The approving authority for the requested entitlements shall also be the approving authority to approve, conditionally approve, or deny project entitlements and density bonus requests.

2. If the project or aspect of the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made under this chapter shall be considered by the Community Development Director or designee. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq. (Ord. 2024-09 § 2, 2024)