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MUNICIPAL CODE ARTICLE IX – LAND USE9512.10 9512.10(1) Very low-income UnitsA residential development is entitled to one (1) incentive or concession for aproject that includes at least five (5) percent of the units for very low-incomehouseholds; two (2) incentives or concessions for a project that includes at leastten (10) percent of the units for very low-income households; and three (3)incentives or concessions for a project that includes at least fifteen (15) percent ofthe units for very low-income households.(2) Lower-Income UnitsA residential development is entitled to one incentive or concession if it includesat least ten (10) percent of the units for lower-income households; two (2)incentives or concessions if it includes at least twenty (20) percent of the units forlower-income households; and three (3) incentives or concessions if it includes atleast thirty (30) percent of the units for lower-income households.(3) Moderate-Income Ownership UnitsA residential development with ownership units affordable to moderate-incomehouseholds is entitled to one (1) incentive or concession for a project that includesat least ten (10) percent of the ownership units for moderate-income households;two (2) incentives or concessions for a project that includes at least twenty (20)percent of the ownership units for moderate-income households; and three (3)incentives or concessions for a project that includes at least thirty (30) percent ofthe ownership units for moderate-income households.(G)Minimum RequirementsThe requirements of this section are minimum requirements and shall not preclude aresidential development from providing additional affordable units or affordable unitswith lower rents or sales prices than required by this section.(H)In accordance with State law, neither the granting of an incentive or concession nor thegranting of a density bonus shall be interpreted, in and of itself, to require a General PlanAmendment, Zoning Code Amendment or rezone, or other discretionary reviewapplication approval.Section 9512.10. State Density Bonus for Land Donation.(A)Applicability(1) This density bonus applies only when land is donated for the construction of verylow-income housing.9.5-20
MUNICIPAL CODE ARTICLE IX – LAND USE9512.10 9512.10(2) When calculating the number of permitted density bonus units, any calculationsresulting in fractional units shall be rounded to the next larger whole number.(B)Basic Density BonusWhen an applicant for a residential development seeks a density bonus for the donationand transfer of land for the development of units affordable to very low-incomehouseholds, as provided for in this section, the residential development shall be eligiblefor a fifteen (15) percent density bonus above the otherwise maximum allowableresidential density in accordance with State law.(C)Additional Density Bonus(1) For each one (1) percent increase above the minimum ten (10) percent landdonation described in paragraph (B) of this section, the maximum density bonusshall be increased by one (1) percent, up to a maximum of thirty-five (35) percent.(2) This increase shall be in addition to any increase in density allowed by Section9512.08, up to a maximum combined density bonus of thirty-five (35) percent ifan applicant seeks both the density bonus authorized by this section and thedensity bonus authorized by Section 9512.10.(D)FindingsThe City may approve the density bonus described in this section if it makes all of thefollowing findings when approving the residential development:(1) Donation and Transfer DateThe applicant will donate and transfer the land no later than the date of approvalof the final map, parcel map, or applicable development review application for theresidential development.(2) Zoning RegulationsThe developable acreage and zoning regulations of the applicable Zoning Districtof the land to be transferred will permit construction of units affordable to verylow-income households in an amount not less than ten (10) percent of the totalnumber of residential units in the proposed development, or will permitconstruction of a greater percentage of units if proposed by the developer toqualify for a density bonus of more than fifteen (15) percent.9.5-21
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City of DowneyZoning OrdinanceCity
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City of Downey

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