Yucca Valley City Zoning Code

CHAPTER 9

47 DENSITY BONUS

9.47.010: DEFINITIONS:

For purpose of this chapter, the following definitions apply:

AFFORDABLE HOUSING COST:	Has the definition set forth in California Health And Safety Code section 50052.5.
AFFORDABLE RENT:	Has the definition set forth in California Health And Safety Code section 50053.
CHILDCARE FACILITY:	A facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and school age childcare centers.
COMMON INTEREST DEVELOPMENT:	Has the definition set forth in California Civil Code section 1351.
CONCESSION OR INCENTIVE:	Any of the following: 1. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California building standards commission, as provided in part 2.5 1 , of division 13 of the Health And Safety Code, including, but not limited to, a reduction in setback and square footage requirements, and in the ratio of vehicular parking spaces that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions. 2. Approval of mixed use zoning in conjunction with a housing project, if commercial, office, industrial or other land uses will reduce the cost of a housing development, and if the commercial, office, industrial or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. 3. Other regulatory incentives or concessions proposed by the applicant or the town that result in identifiable, financially sufficient and actual cost reductions. This definition does not limit or require the provision of direct financial incentives for a housing development, including the provision of publicly owned land, by the town or the waiver of fees or dedication requirements.
DENSITY BONUS:	A density increase over the otherwise maximum allowable residential density under the applicable zoning code provisions and the land use element of the general plan as of the date of application by the applicant to the town.
DEVELOPMENT STANDARD:	The site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation that is adopted by the local government or that is enacted by the local government's electorate exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the local government.
HOUSING DEVELOPMENT:	A development project for five (5) or more residential units. "Housing development" also includes a subdivision or common interest development, or the substantial rehabilitation of an existing multi-family dwelling where the result of the rehabilitation would be a net increase in the number of residential units.
LOWER INCOME HOUSEHOLDS:	Has the definition set forth in California Health And Safety Code section 50079.5.
MAXIMUM ALLOWABLE RESIDENTIAL DENSITY:	The density allowed under the zoning code, or if a range of density is permitted, the maximum allowable density for the specific zoning range applicable to the project.
MODERATE INCOME HOUSEHOLDS:	Has the definition for "persons or families of moderate income" set forth in California Health And Safety Code section 50093(b).
MULTI-FAMILY DWELLING:	Has the definition set forth in California Government Code section 65863.4(d).
SENIOR CITIZEN HOUSING DEVELOPMENT:	Has the definition set forth in California Civil Code section 51.3.
SPECIFIC, ADVERSE IMPACT:	Has the definition set forth in California Government Code section 65589.5(j)(1).
VERY LOW INCOME HOUSEHOLDS:	Has the definition set forth in California Health And Safety Code section 50105.

(Ord. 254, 12-16-2014; amd. Ord. 320, 11-5-2024)

9.47.020: GENERAL DENSITY BONUS PROVISIONS:

A. Application: Any person that desires a density bonus shall make an application on a form approved by the director at the time of submitting an entitlement application for the housing development for which a density bonus is requested. The density bonus provided by this chapter only applies to housing developments consisting of five (5) or more dwelling units.

B. Incentives And Concessions: When an applicant seeks a density bonus for a housing development or for the donation of land for housing within the town, the town shall provide the applicant incentives or concessions for the production of housing units and childcare facilities as provided in this chapter.

C. Available Density Bonus Options: The planning commission will grant one density bonus, the amount of which will be as specified in section 9.47.050, "Calculation Of Density Bonus", of this chapter and incentives or concessions as described in section 9.47.030, "Incentives And Concessions", of this chapter when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that will contain at least one of the following:

1. Ten percent (10%) of the total units of a housing development for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code.

2. Five percent (5%) of the total units of a housing development for rental or sale to very low income households, as defined in Section 50105 of the Health and Safety Code.

3. A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

4. Ten percent (10%) of the total dwelling units of a housing development are for rental or sale to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.

5. Ten percent (10%) of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of fifty five (55) years and shall be provided at the same affordability level as very low income units.

6. Twenty percent (20%) of the total units for lower income students in a student housing development that meets the following requirements:

7. All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.

8. The applicable twenty percent (20%) units will be used for lower income students.

9. The rent provided in the applicable units of the development for lower income students shall be calculated at thirty percent (30%) of sixty five percent (65%) of the area median income for a single-room occupancy unit type.

10. The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subsection.

11. For purposes of calculating a density bonus granted pursuant to this subsection, the term "unit" as used in this Section means one rental bed and its pro rata share of associated common area facilities. The units described in this subsection shall be subject to a recorded affordability restriction of fifty five (55) years.

12. One hundred percent (100%) of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to twenty percent (20%) of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code.

As used in this subsection, "total units" or "a total dwelling unit" does not include units permitted by a density bonus awarded pursuant to this chapter.

D. Applicant's Election Of Basis For Bonus: For purposes of calculating the amount of the density bonus pursuant to section 9.47.050 of this chapter, the applicant who requests a density bonus pursuant to this section shall elect whether the bonus will be awarded on the basis of subsection C1 through C12 of this section.

E. Continued Affordability:

1. An applicant shall agree to the continued affordability of all low and very low income units that qualified the applicant for the award of the density bonus for fifty-five (55) years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent. Owner occupied units shall be available at an affordable housing cost.

2. An applicant shall agree that the initial and subsequent occupants of the moderate income units that are directly related to the receipt of the density bonus in a common interest development are moderate income households and that the units are offered at an affordable housing cost for the required affordability period.

(Ord. 254, 12-16-2014; amd. Ord. 320, 11-5-2024)

9.47.030: INCENTIVES AND CONCESSIONS:

A. An applicant for a density bonus pursuant to section 9.47.020 of this chapter may submit a proposal for the specific incentives or concessions that the applicant requests pursuant to this chapter.

B. Subject to subsection C of this section, the applicant will receive the following number of incentives or concessions:

1. One incentive or concession for projects that include at least ten percent (10%) of the total units for lower income households, at least five percent (5%) for very low income households, or at least ten percent (10%) for moderate income households in a common interest development.

2. Two (2) incentives or concessions for projects that include at least seventeen percent (17%) of the total units for lower income households, at least ten percent (10%) for very low income households, or at least twenty percent (20%) for moderate income households in a common development.

3. Three (3) incentives or concessions for projects that include at least twenty-four percent (24%) of the total units for lower income households, at least fifteen percent (15%) for very low income households, or at least thirty percent (30%) for moderate income households in a common interest development.

4. Five (5) incentives or concessions if the project includes one hundred percent (100%) affordable housing units, excluding the manager's unit, except that up to twenty percent (20%) of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three (3) additional stories, or thirty three feet (33').

5. One (1) incentive or concession for projects that include at least twenty percent (20%) of the total units for lower income students in a student housing development.

6. Four (4) incentives or concessions for projects that include at least sixteen percent (16%) of the units for very low income households or at least forty-five percent (45%) for persons and families of moderate income in a development in which the units are for sale.

C. The planning commission shall grant the concession or incentive requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:

1. The concession or incentive is not required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified in subsection 9.47.020E of this chapter.

2. The concession or incentive would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property 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; or

3. The concession or improvement would be contrary to state or federal law.

(Ord. 254, 12-16-2014; amd. Ord. 320, 11-5-2024)

9.47.040: WAIVER OR REDUCTION OF DEVELOPMENT STANDARDS:

A. An applicant may submit to the town a proposal for the waiver or reduction of development standards that the applicant believes will have the effect of physically precluding the construction of a housing development that meets the criteria of subsection 9.47.020C of this chapter at the densities or with the concessions or incentives permitted by this chapter, and may request a meeting with the director. Such proposal may not increase the number of incentives or concessions that the applicant is entitled to under section 9.47.030 of this chapter.

B. The planning commission shall waive or reduce the development standard requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:

1. The waiver or reduction would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in California register of historical resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

2. The waiver or reduction would be contrary to state or federal law. (Ord. 254, 12-16-2014)

9.47.050: CALCULATION OF DENSITY BONUS:

A. The applicant may elect to accept a lesser percentage of density bonus.

B. The amount of density bonus to which the applicant is entitled will vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subsection 9.47.020C of this chapter.

C. For housing developments meeting the criteria of subsection 9.47.020C1 of this chapter, the density bonus will be calculated as follows:

Percentage Low Income Units	Percentage Density Bonus
10	20
11	21.5
12	23
13	24.5
14	26
15	27.5
16	29
17	30.5
18	32
19	33.5
20	35
21	38.75
22	42.5
23	46.25
24	50

D. For housing developments meeting the criteria of subsection 9.47.020C2 of this chapter, the density bonus will be calculated as follows:

Percentage Very Low Income Units	Percentage Density Bonus
5	20
6	22.5
7	25
8	27.5
9	30
10	32.5
11	35
12	38.75
13	42.5
14	46.25
15	50

E. For housing developments meeting the criteria of subsection 9.47.020C4 of this chapter, as senior housing developments, the density bonus will be twenty percent (20%).

F. For housing developments meeting the criteria of subsection 9.47.020C3 of this chapter, the density bonus will be calculated as follows:

Percentage Moderate Income Units	Percentage Density Bonus
10	5
11	6
12	7
13	8
14	9
15	10
16	11
17	12
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35
41	38.75
42	42.5
43	46.25
44	50

G. All density calculations resulting in fractional units will be rounded up to the next whole number. The granting of a density bonus will not be interpreted, in and of itself, to require a general plan amendment, zoning change or other discretionary approval.

(Ord. 254, 12-16-2014; amd. Ord. 320, 11-5-2024)

9.47.060: ADDITIONAL DENSITY BONUS THROUGH DONATION OF LAND:

When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the town, as provided for in this section, the applicant will be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density under the applicable zoning and the land use element of the general plan for the entire development, as follows:

Percentage Very Low Income	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

A. This increase will be in addition to any increase in density mandated by subsection 9.47.020C of this chapter.

1. All density calculations resulting in fractional units will be rounded up to the next whole number.

2. Nothing in this section will be construed to enlarge or diminish the authority of the town to require a developer to donate land as a condition of development.

B. An applicant will be eligible for the increased density bonus described in this section if all of the following conditions are met:

1. The applicant donates and transfers the land no later than the date of approval of the final subdivision map or parcel map or residential development application.

2. 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 (10%) of the number of residential units of the proposed development.

3. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure.

a. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.

b. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review, to the extent authorized by California Government Code section 65583.2(i), if the design is not reviewed by the town prior to the time of transfer.

4. The transferred land and the affordable units will be subject to a deed restriction ensuring continued affordability of the units consistent with subsections 9.47.020E1 and E2 of this chapter, which restriction will be recorded on the property at the time of transfer.

5. The land is transferred to the town or to a housing developer approved by the town. The town may require the applicant to identify and transfer the land to such housing developer.

6. The transferred land shall be within the boundary of the proposed development or, if the town agrees, within one-fourth (1/4) mile of the boundary of the proposed development. (Ord. 254, 12-16-2014)

9.47.070: ADDITIONAL DENSITY BONUS OR CONCESSION OR INCENTIVE THROUGH PROVISION OF CHILDCARE FACILITY:

A. When an applicant proposes to construct a housing development that conforms to the requirements of subsection 9.47.020C of this chapter and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the planning commission shall grant either of the following:

1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility.

2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

B. The planning commission shall require, as a condition of approving the housing development, that the following occur:

1. The childcare facility shall remain in operation 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 pursuant to subsection 9.47.020E of this chapter.

2. Of the children who attend the childcare facility, the children of very low income households, lower income households, or moderate income households, shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or moderate income households pursuant to subsection 9.47.020C of this chapter.

C. Notwithstanding any requirement of this section, the planning commission is not required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.

D. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus is permitted in geographic areas of the housing developments.

E. The granting of a concession or incentive will not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. (Ord. 254, 12-16-2014)

9.47.080: TOWN'S DISCRETION IN GRANTING DENSITY BONUS:

Nothing in this chapter will be construed to prohibit the planning commission from granting a density bonus greater than what is described in this chapter for a development that meets the requirements of this chapter, or from granting a proportionately lower density bonus than what is required by this chapter for developments that do not meet the requirements of this chapter. (Ord. 254, 12-16-2014)

9.47.090: PARKING REQUIREMENTS:

A. Upon the request of the applicant, the town will not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subsection 9.47.020C of this chapter that exceeds the following ratios:

1. Zero to one bedroom: One on site parking space.

2. Two (2) to three (3) bedrooms: Two (2) on site parking spaces.

3. Four (4) and more bedrooms: Two and one-half (21/2) parking spaces.

B. If the total number of parking spaces required for a development is other than a whole number, the number will be rounded up to the next whole number. For purposes of this section, a development may provide "on site parking" through tandem parking or uncovered parking, but not through on street parking.

C. This section applies to a development that meets the requirements of subsection 9.47.020C of this chapter, but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this chapter, subject to section 9.47.030 of this chapter. (Ord. 254, 12-16-2014)