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A. The City will allow a Housing Development a Density Bonus and/or a Concessions or Incentive if it meets all the applicable requirements of this chapter. In the event that the minimum requirements for granting a Density Bonus or Concessions or Incentives as set forth in California Government Code section 65915 are amended or modified after the adoption of this chapter by the City, then the lowest applicable minimum requirements in section 65915 or successor statutes shall apply.

B. When calculating the required number of Restricted Affordable Units, any resulting decimal fraction shall be rounded to the next larger integer.

C. Density Bonus for Low Income Households. If a housing developer elects to construct units for Low Income Households, the Housing Development shall be entitled to a density bonus according to the following Density Bonus calculation:

Provision of Low Income Units

Percentage Low Income Units

Percentage Density Bonus

Number of Incentives or Concessions

10%

20%

1

11%

21.5%

1

12%

23%

1

13%

24.5%

1

14%

26%

1

15%

27.5%

1

16%

29%

1

17%

30.5%

1

18%

32%

1

19%

33.5%

1

20%

35%

2

30%

35%

3

D. Density Bonus for Very Low Income Households. If a housing developer elects to construct units for Very Low Income Households, the Housing Development shall be entitled to a density bonus according to the following Density Bonus calculation:

Provision of Very Low Income Units

Percentage Very Low Income Units

Percentage Density Bonus

Number of Incentives or Concessions

5%

20%

1

6%

22.5%

1

7%

25%

1

8%

27.5%

1

9%

30%

1

10%

32.5%

2

11%

35%

2

15%

35%

3

E. Density Bonus for Moderate Income Households. If a housing developer elects to construct units for Moderate Income Households, the Housing Development shall be entitled to a density bonus based on the following Density Bonus calculation:

Provision of Moderate Income Units

Percentage Moderate Income Units

Percentage Density Bonus

Number of Incentives or Concessions

10%

5%

1

11%

6%

1

12%

7%

1

13%

8%

1

14%

9%

1

15%

10%

1

16%

11%

1

17%

12%

1

18%

13%

1

19%

14%

1

20%

15%

2

21%

16%

2

22%

17%

2

23%

18%

2

24%

19%

2

25%

20%

2

26%

21%

2

27%

22%

2

28%

23%

2

29%

24%

2

30%

25%

3

31%

26%

3

32%

27%

3

33%

28%

3

34%

29%

3

35%

30%

3

36%

31%

3

37%

32%

3

38%

33%

3

39%

34%

3

40%

35%

3

F. Density Bonus for Land Donation. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land that satisfies the requirements as set forth in subsection 3 of this section, the applicant shall be entitled to a fifteen percent density increase above the otherwise maximum allowable residential density for the entire development calculated as follows:

Land Donation

Percentage Low Income Units

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%

1. Nothing in this chapter shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development.

2. The Density Bonus for land dedication shall be in addition to any other Density Bonus earned pursuant to this section, up to a maximum combined increased density of thirty-five percent above the otherwise maximum allowable residential density for the entire development.

3. An applicant donating land shall be eligible for the increased Density Bonus described in this Section if all the following conditions are met:

a. The applicant donates and transfers the land to the City, or to a housing developer approved by the City, no later than the date of approval of the City of the final subdivision map, parcel map, or Housing Development Application for the proposed Housing Development seeking the Density Bonus.

b. 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 Housing Development seeking the Density Bonus.

c. The land proposed to be donated to the City:

i) is at least one acre in size or sufficient size to permit development of at least 40 residential units; and

ii) has the appropriate General Plan designation and is appropriately zoned for development at the density described in paragraph (3) of subsection (c) of Government Code section 65583.2 and successor statutes; and

iii) is or will be served by adequate public facilities and infrastructure; and

iv) is donated no later than the date of approval of the final subdivision map, parcel map or Housing Development application seeking a Density Bonus and has 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; and

v) is within the boundary of the proposed development or within one-quarter mile of the boundary of the proposed development; and

vi) has a proposed source of funding for the very low income units prior to the approval of the final subdivision map, parcel map, or Housing Development application seeking the Density Bonus.