(California Government Code)
TITLE 7. PLANNING AND LAND USE
DIVISION 1. PLANNING AND ZONING
Chapter 4.3. Density Bonuses and Other Incentives
65915. (a) When a developer of housing proposes a housing
development within the jurisdiction of the local government,
the
city, county, or city and county shall provide the developer
incentives for the production of lower income housing
units within
the development if the developer meets the requirements
set forth in subdivisions (b) and (c). The city, county,
or city and
county shall adopt an ordinance which shall specify
the method of providing developer incentives.
(b) When a developer of housing agrees or proposes to
construct at least (1) 20 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, or
(2) 10 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, or (3) 50 percent of the total dwelling units
of a housing development for qualifying residents,
as defined in Section 51.2
of the Civil Code, a city, county, or city and county
shall either (1) grant a density bonus and at least
one of the concessions or
incentives identified in subdivision (h) unless the
city, county, or city and county makes a written finding
that the additional
concession or incentive is not required in order 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), or
(2) provide other
incentives of equivalent financial value based upon
the land cost per dwelling unit.
(c) A developer shall agree to and the city, county,
or city and county shall ensure continued affordability
of all lower
income density bonus units for 30 years or a longer
period of time if required by the construction or mortgage
financing
assistance program, mortgage insurance program, or rental
subsidy program. Those units targeted for lower income
households, as defined in Section 50079.5 of the Health
and Safety Code shall be affordable at a rent that
does not exceed 30
percent of 60 percent of area median income. Those units
targeted for very low income households, as defined
in Section
50105 of the Health and Safety Code shall be affordable
at a rent that does not exceed 30 percent of 50 percent
of area median
income. If a city, county, or city and county does not
grant at least one additional concession or incentive
pursuant to
paragraph (1) of subdivision (b), the developer shall
agree to and the city, county, or city and county shall
ensure continued
affordability for 10 years of all lower income housing
units receiving a density bonus.
(d) A developer may submit to a city, county, or city
and county a preliminary proposal for the development
of housing
pursuant to this section prior to the submittal of any
formal requests for general plan amendments, zoning
amendments, or
subdivision map approvals. The city, county, or city
and county shall, within 90 days of receipt of a written
proposal, notify the
housing developer in writing of the procedures under
which it will comply with this section. The city, county,
or city and
county shall establish procedures for carrying out this
section, which shall include legislative body approval
of the means of
compliance with this section. The city, county, or city
and county shall also establish procedures for waiving
or modifying
development and zoning standards which would otherwise
inhibit the utilization of the density bonus on specific
sites. These
procedures shall include, but not be limited to, such
items as minimum lot size, side yard setbacks, and
placement of public
work improvements.
(e) The housing developer shall show that the waiver
or modification is necessary to make the housing units
economically
feasible.
(f) For the purposes of this chapter, "density
bonus" means a density increase of at least 25
percent over the otherwise
maximum allowable residential density under the applicable
zoning ordinance and land use element of the general
plan as of
the date of application by the developer to the city,
county, or city and county. The density bonus shall
not be included when
determining the number of housing units which is equal
to 10 or 20 percent of the total. The density bonus
shall apply to
housing developments consisting of five or more dwelling
units.
(g) "Housing development" as used in this
section, means one or more groups of projects for residential
units constructed in
the planned development of a city, county, or city and
county. For purposes of calculating a density bonus,
the residential units
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.
(h) For 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 which exceed the minimum building standards
approved by the State 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.
(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
which result
in identifiable cost reductions.
This subdivision 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.
(i) If a developer agrees to construct both 20 percent
of the total units for lower income households and
10 percent of the
total units for very low income households, the developer
is entitled to only one density bonus and at least
one additional
concession or incentive identified in Section 65913.4
under this section although the city, city and county,
or county may, at its
discretion, grant more than one density bonus.
(Amended by Stats. 1984, Ch. 1333. No repealer; Amended
by Stats. 1989, Ch. 842; Amended by Stats. 1990, Ch.
31.
Effective September 11, 1990; Amended by Stats. 1991,
Ch. 1091.)
65915.5. (a) When an applicant for approval to convert
apartments to a condominium project agrees to provide
at least 33 percent
of the total units of the proposed condominium project
to persons and families of low or moderate income as
defined in
Section 50093 of the Health and Safety Code, or 15 percent
of the total units of the proposed condominium project
to lower
income households as defined in Section 50079.5 of the
Health and Safety Code, and agrees to pay for the reasonably
necessary administrative costs incurred by a city, county,
or city and county pursuant to this section, the city,
county, or city
and county shall either (1) grant a density bonus or
(2) provide other incentives of equivalent financial
value. A city, county, or
city and county may place such reasonable conditions
on the granting of a density bonus or other incentives
of equivalent
financial value as it finds appropriate, including,
but not limited to, conditions which assure continued
affordability of units to
subsequent purchasers who are persons and families of
low and moderate income or lower income households.
(b) For purposes of this section, "density bonus"
means an increase in units of 25 percent over the number
of apartments, to
be provided within the existing structure or structures
proposed for conversion.
(c) For purposes of this section, "other incentives
of equivalent financial value" shall not be construed
to require a city,
county, or city and county to provide cash transfer
payments or other monetary compensation but may include
the reduction or
waiver of requirements which the city, county, or city
and county might otherwise apply as conditions of conversion
approval.
(d) An applicant for approval to convert apartments
to a condominium project may submit to a city, county,
or city and
county a preliminary proposal pursuant to this section
prior to the submittal of any formal requests for subdivision
map
approvals. The city, county, or city and county shall,
within 90 days of receipt of a written proposal, notify
the applicant in
writing of the manner in which it will comply with this
section. The city, county, or city and county shall
establish procedures
for carrying out this section, which shall include legislative
body approval of the means of compliance with this
section.
(e) Nothing in this section shall be construed to require
a city, county, or city and county to approve a proposal
to convert
apartments to condominiums.
(f) An applicant shall be ineligible for a density bonus
or other incentives under this section if the apartments
proposed for
conversion constitute a housing development for which
a density bonus or other incentives were provided under
Section
65915.
(Added by Stats. 1983, Ch. 634.)
65916. Where there is a direct financial contribution
to a housing development pursuant to Section 65915
through participation in
cost of infrastructure, write-down of land costs, or
subsidizing the cost of construction, the city, county,
or city and county
shall assure continued availability for low- and moderate-income
units for 30 years. When appropriate, the agreement
provided
for in Section 65915 shall specify the mechanisms and
procedures necessary to carry out this section.
(Added by Stats. 1979, Ch. 1207. Effective October 2,
1979.)
65917. In enacting this chapter it is the intent of
the Legislature that the density bonus or other incentives
offered by the city,
county, or city and county pursuant to this chapter
shall contribute significantly to the economic feasibility
of lower income
housing in proposed housing developments. In the absence
of an agreement by a developer in accordance with Section
65913.5
or 65915, a locality shall not offer a density bonus
or any other incentive that would undermine the intent
of this chapter.
(Amended by Stats. 1982, Ch. 1263. Effective September
22, 1982; Amended by Stats. 1989, Ch. 842.)
65917.5. (a) As used in this section, the following
terms shall have the following meanings:
(1) "Child care facility" means a facility
installed, operated, and maintained under this section
for the nonresidential care of
children as defined under applicable state licensing
requirements for the facility.
(2) "Density bonus" means a floor area ratio
bonus over the otherwise maximum allowable density
permitted under the
applicable zoning ordinance and land use elements of
the general plan of a city, including a charter city,
city and county, or
county of:
(A) A maximum of five square feet of floor area for
each one square foot of floor area contained in the
child care facility for
existing structures.
(B) A maximum of 10 square feet of floor area for each
one square foot of floor area contained in the child
care facility for
new structures.
For purposes of calculating the density bonus under
this section, both indoor and outdoor square footage
requirements for
the child care facility as set forth in applicable state
child care licensing requirements shall be included
in the floor area of the
child care facility.
(3) "Developer" means the owner or other person,
including a lessee, having the right under the applicable
zoning ordinance
of a city council, including a charter city council,
city and county board of supervisors, or county board
of supervisors to make
application for development approvals for the development
or redevelopment of a commercial or industrial project.
(4) "Floor area" means as to a commercial
or industrial project, the floor area as calculated
under the applicable zoning
ordinance of a city council, including a charter city
council, city and county board of supervisors, or county
board of
supervisors and as to a child care facility, the total
area contained within the exterior walls of the facility
and all outdoor areas
devoted to the use of the facility in accordance with
applicable state child care licensing requirements.
(b) A city council, including a charter city council,
city and county board of supervisors, or county board
of supervisors may
establish a procedure by ordinance to grant a developer
of a commercial or industrial project, containing at
least 50,000 square
feet of floor area, a density bonus when that developer
has set aside at least 2,000 square feet of floor area
and 3,000 outdoor
square feet to be used for a child care facility. The
granting of a bonus shall not preclude a city council,
including a charter city
council, city and county board of supervisors, or county
board of supervisors from imposing necessary conditions
on the
project or on the additional square footage. Projects
constructed under this section shall conform to height,
setback, lot
coverage, architectural review, site plan review, fees,
charges, and other health, safety, and zoning requirements
generally
applicable to construction in the zone in which the
property is located. A consortium with more than one
developer may be
permitted to achieve the threshold amount for the available
density bonus with each developer's density bonus equal
to the
percentage participation of the developer. This facility
may be located on the project site or may be located
offsite as agreed
upon by the developer and local agency. If the child
care facility is not located on the site of the project,
the local agency shall
determine whether the location of the child care facility
is appropriate and whether it conforms with the intent
of this section.
The child care facility shall be of a size to comply
with all state licensing requirements in order to accommodate
at least 40
children.
(c) The developer may operate the child care facility
itself or may contract with a licensed child care provider
to operate the
facility. In all cases, the developer shall show ongoing
coordination with a local child care resource and referral
network or
local governmental child care coordinator in order to
qualify for the density bonus.
(d) If the developer uses space allocated for child
care facility purposes, in accordance with subdivision
(b), for any
purposes other than for child care facility, an assessment
based on the square footage of the project may be levied
and collected
by the city council, including a charter city council,
city and county board of supervisors, or county board
of supervisors. The
assessment shall be consistent with the market value
of the space. If the developer fails to have the space
allocated for the child
care facility within three years, from the date upon
which the first temporary certificate of occupancy
is granted, an assessment
based on the square footage of the project may be levied
and collected by the city council, including a charter
city council, city
and county board of supervisors, or county board of
supervisors in accordance with procedures to be developed
by the
legislative body of the city council, including a charter
city council, city and county board of supervisors,
or county board of
supervisors. The assessment shall be consistent with
the market value of the space. Any penalty levied against
a consortium of
developers shall be charged to each developer in an
amount equal to the developer's percentage square feet
participation. Funds
collected pursuant to this subdivision shall be deposited
by the city council, including a charter city council,
city and county
board of supervisors, or county board of supervisors
into a special account to be used for childcare services
or child care
facilities.
(e) Once the child care facility has been established,
prior to the closure, change in use, or reduction in
the physical size of,
the facility, the city, city council, including a charter
city council, city and county board of supervisors,
or county board of
supervisors shall be required to make a finding that
the need for child care is no longer present, or is
not present to the same
degree as it was at the time the facility was established.
(f) The requirements of Chapter 5 (commencing with Section
66000) and of the amendments made to Sections 53077,
54997, and 54998, by Chapter 1002 of the Statutes of
1987 shall not apply to actions taken in accordance
with this section.
(g) This section shall not apply to a voter-approved
ordinance adopted by referendum or initiative.
(Added by Stats. 1989, Ch. 1323.)
Note: Stats. 1989, Ch. 1323 also reads:
Sec. 1. The Legislature finds and declares all of the
following:
(a) It is the intent of the Legislature to encourage
greater development of facilities by the private sector
at points of
employment concentration.
(b) It is the intent of the Legislature to encourage
and foster a public and private cooperative approach
to providing child
care services in California communities.
(c) It is in the best interest of the state to develop
and foster incentive driven programs to encourage commercial
and
industrial developers to provide children's centers,
which can meet the needs of the city, including a charter
city, city and
county, or county.
(d) It is the intent of the Legislature to provide advisory
guidelines which may be adopted by a city council,
including a
charter city council, city and county board of supervisors,
or county board of supervisors, for floor area ratio
bonuses as one
approach in addressing the unmet need for child care
services in California communities.
(e) It is in the best interest of the state to provide
advisory guidelines which assist in reducing travel
time for families by
increasing onsite child care facilities in developments
such as business, industrial parks, and retail centers.
It is also in the best
interest of the state to create incentives for developers
which will help to foster and attract business and
tenants in new
developments.
(f) It is the intent of the Legislature to provide guidelines
for local jurisdictions and the private sector which
will increase the
number of facilities which are developed specifically
for children that can enrich and nurture their physical
and cognitive
growth.
(g) It is further the intent of the Legislature that
every city council, including a charter city council,
city and county board of
supervisors, or county board of supervisors, shall consider
adopting the floor area ratio bonus guidelines into
their local general
plans.
65918. The provisions of this chapter shall apply to
charter cities.
(Added by Stats. 1979, Ch. 1207. Effective October 2,
1979.)