Part II Districts And Development Types | 16.212 Affordable Housing Incentives
16.212 AFFORDABLE HOUSING INCENTIVES 16.212.01 PURPOSE AND APPLICABILITY This Chapter is intended to implement the State Density Bonus Law in compliance with the requirements of California Government Code Sections 65915 and 65917 and the Streamlined Ministerial Approval Process in Government Code Section 65913.4. It also implements the adopted housing element of the General Plan by providing incentives to encourage developers to construct affordable housing that will benefit lower income households.
16.212.02 DEFINITIONS All terms have the same meaning as the definitions in Government Code Sections 65913.4, 65915 and 65917 unless otherwise defined by this Part 7 of this Zoning Code.
16.212.03 STATE-MANDATED DENSITY BONUS A developer agreeing to construct at least 20 percent of a project’s total housing units for lower- income households or 10 percent of the total units for very low-income households shall be granted an increase of 5 to 35 percent over the maximum residential density otherwise permitted, depending on the level of affordability, percentage of units that are affordable, and inclusion of child care facilities, and owner occupancy requirements in the housing development. The provisions of this Chapter shall apply to the construction of projects that include 5 or more dwelling units as follows: A. Very low- and lower-income housing and senior housing. A housing development is eligible for a 20 percent density bonus if the Developer seeks and agrees to construct at least one of the following: 1. Ten percent of the total units as density bonus Below Market Rate (BMR) units affordable to low-income households at an affordable rent or affordable ownership cost; or 2. Five percent of the total units as density bonus BMR units affordable to very low-income households at an affordable rent or affordable ownership cost;
B. Moderate-income housing. A housing development is eligible for a 5 percent density bonus if the applicant seeks and agrees to construct 10 percent of the total units as for-sale density bonus BMR units affordable to moderate-income households, if the residential development also meets all the following additional criteria: 1. The housing development is a common interest development as defined by California Civil Code Section 1351; and a. All the dwelling units in the housing development are offered to the public for purchase; and; b. The density bonus BMR units are offered for sale at affordable ownership cost. 2. Additional density bonus. The density bonus for which the housing development is eligible shall increase if the percentage of very low, low-, and moderate-income density bonus BMR units exceeds the base percentage established by this Section, as shown in Table 16.212-A: Density Bonus Summary.
16.212.04 DENSITY BONUS FOR LAND DONATION, CHILDCARE FACILITY, OR CONDOMINIUM CONVERSION A. A housing development may be eligible for a density bonus for land donation pursuant to the requirements set forth in California Government Code Section 65915(g). B. A housing development that contains a childcare facility as defined in California Government Code Section 65915(h) may be eligible for an additional density bonus, concession, or incentive pursuant to the requirements set forth in California Government Code Section 65915(h). C. Condominium conversions may be eligible for a density bonus, concession, or incentive pursuant to the requirements of California Government Code Section 65915.5.
3. A senior citizen housing development.
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TITLE 16: ZONING CODE | VALLEJO, CA
Draft: 01/06/2021
