§ 35-360. Bonus Density.  


Latest version.
  • (a)

    Applicability. The provisions of this subsection shall apply to density and intensity on the parcel subject to an application for development approval. Density bonuses will be granted as of right if the applicant complies with the criteria established in subsection (b), below. Applicants requesting a density bonus for a residential subdivision may also reduce lot sizes through approval of a conservation subdivision (see section 35-202 of this chapter).

    (b)

    Bonus Criteria.

    (1)

    An applicant may be granted a density bonus by establishing any of the incentive items as described in column (A) in Table 360-2 herein consistent with the standards described in columns (B) and (C) of Table 360-2.

    (2)

    The total permissible dwelling units shall be calculated in accordance with column (C) Table 360-2. In no event shall the cumulative total permissible dwelling units for public park land or open space in Table 360-2 exceed the following:

    Table 360-1 Alternative Incentives

    (A)
    Active Open
    Space
    (B)
    Passive Open
    Space
    (C)
    Affordable
    Housing
    (D)
    Percent to Total permitted Dwelling Units (A)
    A * 120%
    B * 120%
    C * * 130%
    D * * 130%
    E * * 130%
    F * * * 130%

     

    Interpretation of Table 360-1: column (D): As calculated in section 35-310, Table 310.01-1 (Dimensional Matrix). For conventional and conservation subdivisions, total permitted dwelling units are computed by dividing the gross acreage by the minimum lot size required by Table 310-1 of the proposed subdivision. Columns (A)—(D): The cells with asterisks (*) (columns (A)—(C)) indicate the combination of incentives, with column (D) indicating the maximum total dwelling units permitted, measured by multiplying the percentage in column (D) by the base density, using the combination of incentives indicated in the row.

    (3)

    Minimum lot sizes may be reduced as needed to accommodate the additional dwelling units permitted by this section provided, however, that in no event shall minimum lot sizes be less than the following:

    Zoning District Minimum Adjusted Lot Size
    RP 7 acres
    RE 31,000
    R-20 14,000
    R-6, RM-6 4,200
    R-5, RM-5 3,500
    R-4, RM-4 2,800

     

    Table 360-2
    (Bonus Density Chart)

    (A)
    Incentive Item
    (B)
    Criteria
    (C)
    Bonus Calculation
    Parks and Open Space Establishment of active or passive open space in excess of the minimum acreage requirements of the parks and open space standards. The area dedicated to open space shall comprise at least one (1) acre and shall comply with parks and open space standards (section 35-503) to receive bonus credit. (A) For Conventional Subdivisions:
    BD = [(NA ÷ MLS) + (AOS x 4)] < [(NA MLS) x C]
    where: BD = total permissible dwelling units with bonus, NA = net acreage (adjusted for right-of-way but not open space), MLS = minimum lot size, AOS = additional open space (in acres) multiplied by maximum permitted density, C = cap on density from Table 360-2
    (B) For Conservation Subdivisions:
    BD = [ (GA x MD) + (AOS x 4) ] < [ (GA x MD) x C ]
    where: BD = total permissible dwelling units with bonus, NA = net acreage (adjusted for right-of-way but not open space), MLS = minimum lot size, AOS = additional open space multiplied by maximum permitted density, C = cap on density from Table 360-2
    Commercial Retrofit Commercial retrofit of existing strip centers in accordance with the provisions of the redevelopment standards of this Code and section 35-206. For each one hundred (100) spaces of surface parking converted to structured parking on an area not exceeding twenty (20) percent of the site area, an additional twenty thousand (20,000) feet of nonresidential space may be constructed. Height standards of the underlying zoning district may be waived by development services director with the consultation of the planning and community development director to accommodate the additional floor space.
    Retail Site Design Superstores, shopping centers, or other retail uses located in zoning districts "C-1," "C-2" or "C-3" which comply with all of the following may obtain a density bonus pursuant to column (C) herein where the proposed development complies with the commercial center design criteria (subsection 35-203(o) of this chapter). A thirty (30) percent increase in permitted height (permitted height x 1.3) may be granted.
    Affordable Housing:
    Very Low Income
    At least five (5) percent of all dwelling units must be restricted as very-low income housing through a deed restriction or an enforceable contract with a public housing authority or community development corporation. BD = TD x Y, where:
    BD = Total permitted dwelling units, with bonus density
    TD = base calculation of total permitted dwelling units pursuant to section 35-310
    Y = 1.20. The factor "Y" shall increase by 0.05 for every additional fifteen (15) percent of units restricted as very-low income housing, up to the maximum set forth in this section.
    Affordable Housing: Low Income At least fifteen (15) percent of all dwelling units must be restricted as low income housing through a deed restriction or an enforceable contract with a public housing authority or community development corporation. BD = TD x Y, where:
    BD = Total permitted dwelling units, with bonus density
    TD = base calculation of total permitted dwelling units pursuant to section 35-310
    Y = 1.10. The factor "Y" shall increase by 0.05 for every additional five (5) percent of units restricted as low income housing, up to the maximum set forth in this section.

     

    Example:
    An applicant subdivides a fifty-acre parcel zoned "R-6" as a conventional subdivision. "R-6" requires a minimum lot size of six thousand (6,000) square feet. Assuming that thirty (30) percent of the parcel (fifteen (15) acres) is devoted to rights-of-way, the zoning permits a total of two hundred fifty-four (254) dwelling units before open space is taken into consideration (thirty-five (35) acres or one million, five hundred twenty-four thousand six hundred (1,524,600) square feet divided by (six thousand (6,000) square feet). The minimum open space required pursuant to section 35-503 is one (1) acre per one hundred fourteen (114) units, or two and two-tenths (2.2) acres. The applicant proposes to set aside an additional two (2) acres for open space, for a total of four and two-tenths (4.2) acres. The additional bonus units are fifty-six (56) (two (2) acres x seven (7) units/acre maximum density in "R-6" x four (4)). The number of permitted units (without the bonus units) added to the bonus units yields three hundred ten (310) dwelling units. The twenty (20) percent cap on the bonus units yields three hundred five (305) dwelling units. The applicant can subdivide three hundred five (305) lots, with a minimum lot size of three thousand five hundred (3,500) square feet. See Figure 360-1, below, for a summary of how this example applies to the other zoning districts. 35-360.png

    Figure 360-1

(Ord. No. 96564 § 3) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)