§ 19.49.035. Additional density bonus through donation of land.

When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city, as provided for in this section, the applicant will be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable zoning and the land use element of the general plan for the entire development, as follows:

Percentage Very Low Income	Percentage Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

 

A.

This increase will be in addition to any increase in density mandated by Section 19.49.010(C), up to a maximum combined density increase of thirty-five percent, if an applicant seeks increases required pursuant to both this section and Section 19.49.010(C).

1.

All density calculations resulting in fractional units will be rounded up to the next whole number.

2.

Nothing in this section will be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

B.

An applicant will be eligible for the increased density bonus described in this section if all of the following conditions are met:

1.

The applicant donates and transfers the land no later than the date of approval of the final subdivision map or parcel map or residential development application.

2.

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 ten percent of the number of residential units of the proposed development.

3.

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 for development as affordable housing, and is or will be served by adequate public facilities and infrastructure.

(a)

The land must have appropriate zoning and development standards to make the development of the affordable units feasible.

(b)

No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land must 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, except that the local government may subject the proposed development to subsequent design review, to the extent authorized by California Government Code section 65583.2(i), if the design is not reviewed by the city prior to the time of transfer.

4.

The transferred land and the affordable units will be subject to a deed restriction ensuring continued affordability of the units consistent with Section 19.49.010(E)(1) and (2), which restriction will be recorded on the property at the time of the transfer.

5.

The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to such housing developer.

6.

The transferred land must be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.

(Ord. No. 1068, § 2, 9-28-2011; Ord. No. 1141, § 3(Exh. A), 4-26-2017)