City of Santa Rosa Density Bonus Ordinance Update
Public Hearing Resumes on October 25th:
The proposed revised draft Density Bonus Ordinance Update is now available for public review. The Planning Commission continued its July 26, 2018 public hearing to allow staff to respond to comments regarding the potential effects of the supplemental density bonus program on single family residential neighborhoods, preservation districts, traffic congestion, and city services. The Planning Commission is scheduled to resume its public hearing on this matter on October 25, 2018 at or after 4 pm, City Council Chambers, City Hall, 100 Santa Rosa Avenue, Santa Rosa.
The revised supplemental density bonus program is now directed towards eligible housing development (5 or more dwelling units with a percentage of affordable housing) located within the boundaries of the Downtown Station Area Specific Plan and the North Santa Rosa Station Area Specific Plan. These specific plan areas correspond with two of the City’s six Priority Development Areas where the previous draft ordinance would have allowed supplemental density. The ordinance revisions clarify housing development located within the boundaries of these specific plan areas and within a Preservation District are not eligible for a supplemental density bonus unless the development site is designated Transit Village Residential, Transit Village Mixed, or Retail & Business Services by the General Plan. The State’s 35 percent density bonus will continue to be allowed citywide. Also, the draft ordinance was revised to incorporate recent state legislation (AB 1227) that qualifies Lower Income Student Housing for density bonus.
Links to the draft ordinance update and related information are listed below.
Public Hearing Continued to a Date Uncertain:
On Thursday, July 26, 2018, the Planning Commission continued the public hearing on the draft Density Bonus Ordinance Update to a date uncertain to provide staff time to respond to comments and questions raised by the public and by the Commission. The public hearing notice will be published in the newspaper and sent to interested parties when the hearing date is set. Please contact Andy Gustavson, Senior Planner, if you have any questions or wish to be added to the interested party notice list.Planning Commission Public Hearing:
On Thursday, July 26, 2018, the Planning Commission will hold a public hearing on or after 4:00 pm in City Council Chambers at City Hall, 100 Santa Rosa Ave, to receive public comment and recommendations prior to making its recommendation to the City Council on a proposed zoning text amendment of the Santa Rosa Zoning Code Chapter 20-31 (Density Bonus and Other Developer Incentives) and taking action on the proposed Negative Declaration for the proposed amendment.
Public Draft Initial Study / Negative Declaration:
Proposed Density Bonus Ordinance Update:
On December 4, 2017, a series of three workshops were conducted with housing developers, affordable housing providers, and the community to gather feedback and direction on the recommended supplemental density bonus as well as review State Law consistency amendments. The proposed Update responds to the following key workshop comments.
The proposed Update would amend Zoning Code Chapter 20-31 consistent with State law and would create a supplemental density bonus program in the City’s PDAs, with the potential of up to 100% density bonus in certain areas. The key changes include the following.
State Density Bonus Law Compliance
Supplemental Density Bonus
Santa Rosa’s Density Bonus Ordinance Opens a New Window. , Chapter 20-31 of the Santa Rosa City Code, is intended to provide incentives to produce affordable housing, senior housing and the development of child care facilities. The intent of the ordinance is to implement the goals, objectives, and policies of Santa Rosa General Plan 2035 and further to implement and be subject to California Government Code Section 65915 Opens a New Window. .
The City’s current ordinance allows for consideration of a density bonus of up to 35%, in compliance with State law.
The City is aware that current State law allows local jurisdictions to approve density bonuses higher than 35%. However, such an increase is not a requirement, nor is it allowed by the City Code. There are also several recently adopted State laws related to density bonus, including AB 1442, AB 2556, AB 2501 and AB 1934, which are summarized below. None of this State legislation mandates the City to grant a density bonus higher than 35%.
The Santa Rosa Density Bonus Ordinance is silent with regard to the ability to increase density bonus beyond the stated 35% maximum. As such, without City Council approval of an ordinance amendment, the maximum allowed density bonus by the City at this time is 35%.
In October 2016, the City Council accepted the Housing Action Plan Opens a New Window. , which includes a variety of programs aimed at addressing the City’s ongoing unmet housing needs. One of the initiatives is to explore an ordinance amendment to allow a density bonus in excess of 35%.
In May 2017, the City entered into a contract with Metropolitan Planning Group (M-Group) to assist with the Density Bonus Ordinance Update project. Outreach for the project is expected in late summer 2017, with stakeholder meetings planned to gain an understanding of community, resident and applicant sentiment. Consideration of the proposed ordinance amendment by the Planning Commission is planned in November 2017, with action by the City Council in late December 2017 or January 2018.
Policy White Paper: City of Santa Rosa Density Bonus Ordinance Update Opens a New Window. - recommendations for a supplemental density bonus program
State Law Changes
Since the City’s Density Bonus Ordinance was last updated in 2012, there have been various changes to State law pertaining to Density Bonuses, which are summarized below:
AB 2442 – Expanded the categories of housing that qualify for a density bonus to include replacement of income-restricted housing, housing subject to rent control, and housing occupied by very-low and low-income households.
AB 2556 – Clarified implementation of required replacement of affordable units in density bonus projects.
AB 2501 – Requires local governments to “round up” all density calculations. Santa Rosa’s ordinance already requires that density bonus calculations resulting in fractional units be rounded up. This law also requires permit streamlining for density bonus projects, with specific limitations on requirements during development review process.
AB 1934 (sunsets January 1, 2022) – Provides density bonuses for commercial developers who partner with affordable housing developers to develop affordable housing units in conjunction with their commercial project.
AB 744 - Upon a request from a developer, it requires local jurisdictions to approve alternative parking ratios for eligible projects. It does not require a local jurisdiction to provide a density bonus above 35%.