State laws contains a variety of means to incentivize the construction of affordable housing. One method is to allow increases in density, above that allowed by city zoning, for projects that provide long-term affordability restrictions or serve older residents or students. The municipal code contains provisions (Section 25.38 of the Zoning Ordinance) to implement the state’s density bonus laws. The primary focus of the City’s density bonus law is to allow project proponents to work with the City to identify incentives, including, but not limited to, additional density above the base zoning and relaxing of development standards, which can facilitate the development of needed housing.

Incentives pertaining to relaxed development standards might include reduced (or no) parking, setbacks, and flexibility in meeting open space and common facility requirements. Incentives are identified and permitted on a sliding scale depending on the degree of affordability and the populations targeted for the proposed housing development. Incentives and density bonuses can allow for up to 35% additional units over the number permitted by the base zoning.

The State’s laws regarding density bonus and related incentives have been amended in recent years. The City’s density bonus regulations were last amended in 2012. The proposed ordinance would bring the Density Bonus section of the Zoning Ordinance into conformance with all changes in State law.

The proposed ordinance makes the following changes:

• Adds definitions clarifying the Ordinance.
• Addresses how density bonus applications will be approved by the City.
• Updates the code to include transitional foster youth, disabled veterans, homeless persons, and lower income students.
• Includes the findings the City would need to make to deny a request for incentives.
• Includes reduced parking requirements.

Environmental Review: Staff has determined that this Ordinance is exempt from the California Environmental Quality Act (CEQA) as there is no possibility that this Ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15061(b)(3). This Ordinance merely incorporates State law, allowing applicants to seek a density bonus pursuant to Government Code Section 65915.