§ 17.107.050. Land donation.

A.

Eligibility. A project involving a land donation to the City shall 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 to the City no later than the date of approval by the City of the final subdivision map, parcel map, or residential development application of the residential development project seeking the density bonus.

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 residential development project seeking the density bonus.

3.

The transferred land is characterized by the following:

(a)

It is at least one acre in size, or of sufficient size to permit development of at least forty (40) units; and

(b)

It has the appropriate General Plan designation and is appropriately zoned for affordable housing; and

(c)

It is or will be served by adequate public facilities and infrastructure; and

(d)

It shall have appropriate zoning and development standards to make the development of the affordable housing units feasible; and

(e)

No later than the date of approval of the final subdivision map, parcel map, or of the residential development project seeking the density bonus, the transferred land shall have all of 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 City may subject the proposed residential development project to subsequent design review, if the design is not reviewed by the City prior to the time of transfer.

4.

The transferred land and the affordable housing units shall be subject to a deed restriction, which shall be recorded on the property at the time of dedication, ensuring continued affordability of the units for a term of at least thirty (30) years.

5.

The land is transferred to the City or to another housing developer approved by the City.

6.

The transferred land shall be within the boundary of the proposed residential development project or, if the City agrees, within one-quarter mile of the boundary of the proposed residential development project.

B.

When an applicant donates land to the City, the applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and Land Use and Transportation Element of the Oakland General Plan for the entire Residential Development Project, as indicated in Table 17.107.04.

Table 17.107.04: Land Donation

Percentage Very Low Income Units	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

 

Source: California Government Code, Section 65915(g)(1).

 

C.

This density bonus shall be in addition to any Density Bonus mandated by Section 17.107.040; up to a maximum combined density increase of thirty-five percent (35%), if the applicant seeks both the increase required under this section and the increase under Section 17.107.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13224, § 3(Exh. A), 4-22-2014)