Daly City City Zoning Code
CHAPTER 17
52 - DENSITY BONUS
17.52.010 - Purpose.
The purposes of this chapter are as follows:
A.
To implement the housing element of the Daly City General Plan, which identifies increasing affordable housing production as a primary objective.
B.
Providing increased residential densities for projects that guarantee that a portion of the housing units will be affordable to very low, low, or moderate-income households, provide senior citizen housing, or include child care facilities.
C.
To comply with the state density bonus law (California Government Code Section 65915).
17.52.020 - Applicability.
The provisions of this section apply to the construction of five or more housing units that satisfy one or more of the following criteria:
A.
At least ten percent of the total units are designated for low income households.
B.
At least five percent of the total units are designated for very low income households.
C.
A senior citizen housing development, as defined in Section 51.3 and 51.12 of the Civil Code.
D.
At least ten percent of the total units in a condominium project as defined in subdivision (f) of, or in a planned development as defined in subdivision (k) of, Section 1351 of the Civil Code, are designated for moderate income households, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.
17.52.030 - Definitions.
The following terms are defined for purpose of this chapter:
A.
"Density bonus" means a density increase, in the amount prescribed by Government Code Section 65915, over the otherwise maximum allowable residential density as of the date the application is accepted as complete.
B.
"Low income household" has the meaning set forth in Health and Safety Code Section 50079.5 and is a household whose income is equal to or less than eighty percent of the area median income, as published by the California Department of Housing and Community Development.
C.
"Moderate income household" has the meaning set forth in Health and Safety Code Section 50093 and is a household whose income is equal to or less than one hundred twenty percent of the area median income, as published by the California Department of Housing and Community Development.
D.
"Senior citizens" means qualifying residents as defined in Section 51.3 of the Civil Code.
E.
"Very low income household" has the meaning set forth in Health and Safety Code Section 50105 and means a household whose income is equal to or less than fifty percent of the area median income, as published by the California Department of Housing and Community Development.
17.52.040 - Incentives and concessions.
A.
When an applicant seeks a density bonus and/or concessions as prescribed by Government Code Section 65915, the city will grant the density bonus and number of incentives or concessions required by that section unless it makes one of the following findings:
1.
The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.3 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Section 65915(c) of the Government Code.
2.
The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.
B.
The following incentives and concessions are deemed not to have the adverse impact set forth in subsection (A)(2) above:
1.
Reduced setbacks so long as the project remains consistent with the city's general plan and any applicable design guidelines;
2.
Increased maximum lot coverage so long as the project remains consistent with the city's general plan and any applicable design guidelines;
3.
Increased maximum building height so long as the project remains consistent with the city's general plan and any applicable design guidelines;
4.
Reduction in parking standards beyond that set forth in Government Code Section 65915(p); and
5.
In addition to the additional density bonus provided in accordance with Government Code Section 65915(g) for land donations within one-fourth mile of an applicant's project, provision of the additional density bonus set forth in Government Code Section 65915(g) for land dedicated to the city that is located within one-half mile of the applicant's project so long as the applicant demonstrates to the city's satisfaction that building the requisite number of affordable units on-site is infeasible and there is an identified source of funding for the very low income units.
C.
The city will not, however, provide any direct financial assistance, waive fees or dedication requirements, or provide publicly owned land for a housing development as an incentive or concession.
17.52.050 - Waivers and modifications of development standards.
A.
Proposal. In accordance with Government Code Section 65915(e), an applicant may propose waiver or modification of development standards if they would physically preclude the construction of a development meeting the criteria of Section 65915(b) at the densities or with the concessions or incentives permitted by Section 65915.
B.
Grounds for Denial. In accordance with Government Code Section 65915(e), the city may deny an applicant's request to waive or modify the city's development standards in any of the following circumstances:
1.
The application does not conform with the requirements of this section or Government Code Section 65915.
2.
The applicant fails to demonstrate that the city's development standards physically preclude the utilization of a density bonus on a specific site.
3.
The waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
4.
The waiver or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
17.52.060 - Application procedure.
A.
An applicant requesting a density bonus, incentive or concession, or waiver or modification of development standards, in accordance with this section must submit the request with any application for a planning approval. The request must include the following information:
1.
The number of proposed affordable housing units;
2.
The specific incentive(s) or concession(s) sought, if any;
3.
The specific waiver or modification to development standards sought, if any;
4.
If seeking an incentive or concession, documentation required by the director of economic and community development, or his or her designee, regarding the necessity of the incentive or concession in order to provide affordable housing costs or rents;
5.
If seeking a waiver or modification of development standards, documentation required by the director of economic and community development, or his or her designee, regarding the necessity of the waiver or modification, including documentation demonstrating that the city's development standards physically preclude the utilization of a density bonus;
6.
If requesting a density bonus based on land donation in accordance with Government Code Section 65915(g), the applicant must submit information sufficient to permit the city to determine that the proposed donation conforms with the requirements of Section 65915(g) and this Code;
7.
If requesting a density bonus based on the provision of a child care facility, the applicant must:
a.
Provide the location of the proposed child care facility and the proposed operator.
b.
Agree to operate the child care facility for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable;
c.
Agree to have contracted with a child care facility operator for operation of the child care facility before the first building permit is issued; and
d.
Agree that the child care facility will be in operation when the first certificate of occupancy is issued.
B.
Action on Application. The body with approval authority for the planning approval sought will approve, deny or modify the incentive or concession as a part of the overall project approval.
17.52.070 - Density bonus agreement.
Prior to the issuance of a building permit for any dwelling unit in a development for which a density bonus has been awarded, the developer must enter into the city's standard density bonus agreement. The density bonus agreement will run with the land, be binding upon successors in interest, and be recorded with the county recorder.