This chapter implements the State Density Bonus Law as required by California Government Code Section 65915(a), and the Housing Element of the Moraga General Plan, by providing incentives for the production of housing that is affordable to moderate, low or very low-income households, senior housing, or includes childcare facilities in accordance with Sections 65915 through 65918 of the California Government Code.

(Ord. No. 304, § 3, 12-14-2022)

This chapter shall apply to any housing development project that is eligible to receive a density bonus pursuant to the State Density Bonus Law, as may be amended from time to time. In the event of a conflict between the density bonus regulations provided herein and the State density bonus regulations, the state regulations shall prevail.

(Ord. No. 304, § 3, 12-14-2022; Ord. No. 316, § 8, 6-25-2025)

The following terms are defined for purpose of this chapter:

"Affordable units" means the proposed housing units available for rent or sale to households pursuant to the state density bonus law, as set forth in Government Code section 65915 subdivision (b), as may be amended.

"Base units" means the total number of units in a housing development, not including units added through a density bonus pursuant to this chapter.

"Concession" shall have the same meaning as the term "concession or incentive" pursuant to the state density bonus law, as defined in Government Code section 65915 subdivision (k), as may be amended.

"Density bonus" means a density increase over the otherwise maximum allowable residential density for a housing development as of the date the application is deemed complete, as prescribed by Government Code section 65915, as may be amended, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

"Housing development" shall have the same meaning as the term "housing development" pursuant to the state density bonus law, as defined in Government Code section 65915 subdivision (i), as may be amended.

"Identifiable and actual cost reduction to provide for affordable housing cost" means a reasonably quantifiable cost reduction that would be achieved for a housing development through a concession.

"Maximum allowable residential density" means the maximum residential density allowed for a housing development under this chapter and the land use element of the general plan. If the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. For purposes of this definition, residential density shall be calculated based upon the gross acreage of a housing development. If a housing development is proposed to be located on any property without a defined dwelling units per acre standard, the maximum allowable residential density shall be the base density as established by the applicant pursuant to Section 8.172.050(B).

"Reasonable documentation to establish eligibility for a concession" means a credible written explanation or other documentation demonstrating to the reasonable satisfaction of the planning director or designee that a concession will achieve an identifiable and actual cost reduction to provide for affordable housing cost.

"State Density Bonus Law" means California Government Code Section 65915, et seq, as the same may be renumbered or amended.

(Ord. No. 304, § 3, 12-14-2022)

The State Density Bonus Law is hereby adopted by reference. The planning director shall have the authority to prepare, adopt, and periodically update administrative guidelines consistent with this division and state density bonus law, as mandated by state law without further action of the planning commission or town council, to reflect changes in state law.

(Ord. No. 304, § 3, 12-14-2022)

A.

An applicant requesting a density bonus pursuant to state density bonus law shall submit the following information as part of an application or amended application for a housing development:

1.

A project summary table demonstrating the basis under the state density bonus law on which the applicant is requesting a density bonus, including the maximum allowable density permitted by the zoning and general plan designations excluding any density bonus; base units; proposed number of affordable units by income level; proposed bonus percentage; total number of dwelling units; residential gross floor area and total gross floor area proposed; density per acre; proposed number of parking spaces; and unit and bedroom counts and unit types for the purpose of calculating parking requirements;

2.

A preliminary site plan, drawn to scale, showing the number and location of all proposed units;

3.

A legal description of the site;

4.

A boundary survey;

5.

An identification of the maximum density bonus to which the housing development is entitled on the basis requested;

6.

An identification of any concession(s) sought and reasonable documentation consisting of a detailed written statement to establish eligibility for the concession(s).

7.

An identification of any waiver(s) sought and a detailed written explanation of why the development standard from which any waiver is sought would have the effect of physically precluding the construction of the housing development at the density and with any concession(s) or parking ratio reduction sought.

8.

If the housing development is proposed on any property that includes a parcel or parcels with existing dwelling units or dwelling units that have been vacated or demolished in the five-year period preceding the application, an explanation of how the project meets the state density bonus law's replacement housing requirements, if applicable, set forth in Government Code section 65915 subdivision (c)(3), as may be amended.

9.

If the density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control and reasonable documentation that each of the requirements pursuant to state density bonus law, set forth in Government Code section 65915 subdivision (g), as may be amended, can be met.

10.

If the density bonus or concession requested is based all or in part on the inclusion of a child-care facility, a written summary addressing the eligibility requirements pursuant to state density bonus law, as set forth in Government Code section 65915 subdivision (h), as may be amended, have been met.

11.

If the density bonus or concession is based all or in part on the inclusion of affordable units as part of a condominium conversion, written summary addressing the eligibility requirements pursuant to state density bonus law, set forth in Government Code section 65915.5, as may be amended, have been met.

B.

If the housing development is proposed to be located on any property that includes a parcel or parcels for which no maximum density is established by the general plan or zoning, then the applicant shall determine a base density by determining the maximum number of units that could be provided by a hypothetical housing development consistent with all applicable development standards. The average unit size for the hypothetical housing development shall be at least as large as the average unit size for the housing development proposed. The application for a density bonus shall include a table with calculations and diagrams for the hypothetical housing development used to determine the base density.

(Ord. No. 304, § 3, 12-14-2022)

A.

The planning director shall process the density bonus application concurrently with all other applications required for the housing development. The planning director shall provide the applicant with notice whether the application is complete consistent with Government Code section 65943.

B.

At the time the application is deemed complete, the Planning Director shall provide the applicant with a determination regarding the amount of density bonus and the parking ratio for which the housing development is eligible and whether adequate information has been submitted for the planning director to make a determination regarding any requested concessions and waivers.

C.

The planning director shall provide the applicant notice of financial assistance that may be available upon determining that the application is complete.

D.

If the proposed housing development would be inconsistent with the state density bonus law, then the planning director shall provide the applicant notice describing the inconsistency(ies) pursuant to the Housing Accountability Act, Government Code section 65589.5.

E.

All requests for density bonuses, concessions, parking ratios, or waivers shall be considered and acted upon by the approval body with authority to approve the housing development within the timelines prescribed by Government Code Sections 65950 et seq. The approval body shall grant the request(s) pursuant to state density bonus law if the following findings are met:

1.

The project is a housing development that qualifies for a density bonus and meets all applicable eligibility requirements;

2.

The housing development has provided sufficient affordable units or otherwise meets all eligibility requirements;

3.

If a reduced parking ratio is requested, the housing development meets all eligibility requirements, unless the town makes certain findings pursuant to state density bonus law, as set forth in Government Code section 65915 subdivision (p)(8), as may be amended;

4.

If concessions are requested, the housing development meets all eligibility requirements, unless the town makes certain findings pursuant to state density bonus law, as currently defined in Government Code section 65915 subdivision (d)(1), as may be amended; and

5.

If waivers are requested, the development standards requested to be waived would physically preclude construction of the housing development at the density and with any concession(s) or parking ratio reduction sought, unless the town makes certain findings pursuant to state density bonus law, as set forth in Government Code section 65915 subdivision (e)(1), as may be amended.

(Ord. No. 304, § 3, 12-14-2022)

A.

Affordable rental units provided by a housing development to meet state density bonus law requirements shall be subject to an affordable housing agreement recorded against the housing development with a fifty-five (55) year term commencing upon the issuance of certificates of occupancy. The form of the affordable housing agreement shall be approved by the town attorney.

B.

For-sale affordable units provided by a housing development to meet state density bonus requirements shall be subject to a recorded affordable housing agreement approved as to form by the town attorney commencing upon the issuance of certificates of occupancy. The affordable housing agreement shall, at a minimum, require that:

1.

Each for-sale affordable unit shall be sold to an income qualified household at an affordable housing cost, as defined in the affordable housing agreement; and

2.

Each for-sale affordable unit shall be sold to the initial purchaser subject to a recorded resale restriction agreement approved as to form by the town attorney, which shall:

a.

Have a forty-five (45) year term or longer if required by another public financing source or law;

b.

Restrict the resale price of the unit to an affordable housing cost, as defined in the resale restriction agreement; and

c.

Require that if the unit is sold to a subsequent purchaser during the term of the agreement, the purchaser shall purchase the unit subject to a resale restriction agreement approved as to form by the town attorney with a new forty-five (45) year term or longer if required by another public financing source or law.

(Ord. No. 304, § 3, 12-14-2022)

A.

Any actions of the approval body relating to the overall project approval shall be subject to the appeal provisions under Section 8.12.200 of this title.

B.

An applicant may initiate judicial proceedings to contest a final decision on an application for a density bonus, incentive or concession, as authorized under Government Code Section 65915.

(Ord. No. 304, § 3, 12-14-2022)