On the Density Bonus - what is means
I don't know if it helps, but I just finished research on Ca
Density Bonus Law (Gov't Code 65915-65918) and it includes:
65915(3) (A) An applicant shall be ineligible for a density bonus or
any other incentives or concessions under this section if the housing
development is proposed on any property that includes a parcel or
parcels on which rental dwelling units are or, if the dwelling units
have been vacated or demolished in the five-year period preceding the
application, have been subject to a recorded covenant, ordinance, or
law that restricts rents to levels affordable to persons and
families of lower or very low income; subject to any other form of
rent or price control through a public entity's valid exercise of its
police power; or occupied by lower or very low income households,
unless the proposed housing development replaces those units, and
either of the following applies:
(i) The proposed housing development, inclusive of the units
replaced pursuant to this paragraph, contains affordable units at the
percentages set forth in subdivision (b).
(ii) Each unit in the development, exclusive of a manager's unit
or units, is affordable to, and occupied by, either a lower or very
low income household.
(B) For the purposes of this paragraph, "replace" shall mean
either of the following:
(i) If any dwelling units described in subparagraph (A) are
occupied on the date of application, the proposed housing development
shall provide at least the same number of units of equivalent size
or type, or both, to be made available at affordable rent or
affordable housing cost to, and occupied by, persons and families in
the same or lower income category as those households in occupancy.
For unoccupied dwelling units described in subparagraph (A) in a
development with occupied units, the proposed housing development
shall provide units of equivalent size or type, or both, to be made
available at affordable rent or affordable housing cost to, and
occupied by, persons and families in the same or lower income
category in the same proportion of affordability as the occupied
units. All replacement calculations resulting in fractional units
shall be rounded up to the next whole number. If the replacement
units will be rental dwelling units, these units shall be subject to
a recorded affordability restriction for at least 55 years. If the
proposed development is for-sale units, the units replaced shall be
subject to paragraph (2).
(ii) If all dwelling units described in subparagraph (A) have been
vacated or demolished within the five-year period preceding the
application, the proposed housing development shall provide at least
the same number of units of equivalent size or type, or both, as
existed at the highpoint of those units in the five-year period
preceding the application to be made available at affordable rent or
affordable housing cost to, and occupied by, persons and families in
the same or lower income category as those persons and families in
occupancy at that time, if known. If the incomes of the persons and
families in occupancy at the highpoint is not known, then one-half of
the required units shall be made available at affordable rent or
affordable housing cost to, and occupied by, very low income persons
and families and one-half of the required units shall be made
available for rent at affordable housing costs to, and occupied by,
low-income persons and families. All replacement calculations
resulting in fractional units shall be rounded up to the next whole
number. If the replacement units will be rental dwelling units, these
units shall be subject to a recorded affordability restriction for
at least 55 years. If the proposed development is for-sale units, the
units replaced shall be subject to paragraph (2).
(C) Paragraph (3) of subdivision (c) does not apply to an
applicant seeking a density bonus for a proposed housing development
if their application was submitted to, or processed by, a city,
county, or city and
county before January 1, 2015
So there won't be
any Higby like proposals for a while. And the tenants should be sure to put
their rents in an escrow account.
Rhianon
Rhianon