Part 6C. Density Rules

The maximum number of dwelling units allowed on a lot.

1. Intent

   The intent of regulating the number of dwelling units based on a fixed number per lot is to provide a method to establish a specific maximum number of dwelling units, regardless of lot area.

2. Applicability

   Dwelling units per lot applies to any project that includes dwelling units and is constructed in a Lot-Limited Density District .

3. Standards

   1. Regardless of lot area, the number of dwelling units is limited to the maximum dwelling units per lot outlined in Div. 6B.1 (Lot-Limited Density Districts) above.

   2. Where a lot is large enough to be subdivided following the applied Form District (Part 2B.) lot area standards and the subdivision requirements in Article 11. (Division of Land), each new lot is entitled to the dwelling units per lot established by the applied Density District.

4. Measurement

   1. Dwelling units per lot is measured as the cumulative number of dwelling units on a lot.

5. Exceptions

   Accessory dwelling units and junior accessory dwelling units, compliant with Div. 9.5. (Accessory Dwelling Unit Incentive Programs), are exempt from the density limit for lots having one or more dwelling units.

6. Relief

   1. An increase in the dwelling units per lot may be granted as a variance in accordance with Sec. 13B.5.3. (Variance).

The maximum number of household dwelling units allowed on a lot based on lot area.

1. Intent

   The intent of regulating the lot area per household dwelling unit is to provide a method that ensures there is a specified maximum ratio of household dwelling units in relation to the size of a lot.

2. Applicability

   Lot area per household dwelling unit applies to any project that includes household dwelling units in a Lot Area-Based Density District (Div. 6B.2.).

3. Standards

   The number of household dwelling units on a lot shall not exceed the maximum established by the applied Density District in Div. 6B.2. (Lot Area-Based Density Districts).

4. Measurement

   1. The maximum number of household dwelling units is calculated by dividing the lot area by the lot area per household dwelling unit value outlined in Div. 6B.2. (Lot Area-Based Density Districts), and can be provided in combination with efficiency dwelling units where permitted, as calculated in Sec. 6C.1.3. (Lot Area Per Efficiency Dwelling Unit).

      1. Lot area that has been committed to the minimum lot area required per household dwelling unit cannot be counted toward the minimum lot area required for an efficiency dwelling unit.

      2. Example:

         1. A 5,000 square-foot lot with a 10 Density District could have five household dwelling units, or three household dwelling units plus four efficiency dwelling units, or any combination that does not exceed the maximum number of dwelling units permitted by the ratios.

         2. If this same lot had five household dwelling units, it would not be able to add any efficiency dwelling units, as the 5,000 square feet of the lot would have been committed to the minimum lot area required for the allowance of the five household dwelling units.

   2. For lots that are adjacent to one or more alley, the maximum number of household dwelling units may be calculated using the lot area plus the area between the exterior lot lines and the centerline of the alley.

   3. Fractions of units do not count towards an additional household dwelling unit, except as permitted in Article 9. (Public Benefit Systems).

   4. When density is designated as "Limited by floor area", there is no maximum density. Household dwelling units are limited only by the physical constraints of the applied Form District (Part 2B.).

   5. When density is designated as "Not Permitted", household dwelling units are not permitted.

5. Exceptions

   Accessory dwelling units and junior accessory dwelling units, that comply with Div. 9.5. (Accessory Dwelling Unit Incentive Programs) are exempt from the density limit for lots having one or more dwelling units.

6. Relief

   1. A decrease in the minimum lot area per household dwelling unit may be granted as a variance pursuant to Sec. 13B.5.3. (Variance).

   2. For projects that include multiple parcels with different applied Density Districts (Part 6B.), the transfer of density across the development site may be granted, in accordance with Sec. 13B.2.2. (Class 2 Conditional Use Permit).

      1. Supplemental Findings

         In addition to the findings in Sec. 13B.2.2. (Class 2 Conditional Use Permit), the Zoning Administrator shall also find that the project meets the following conditions:

         1. The project meets the definition of unified development.

         2. All lots included in the project have Commercial-Mixed Use Districts (Div. 5B.5.), Industrial-Mixed Use Districts (Div. 5B.6.), or Industrial Use Districts (Div. 5B.7.) applied, or the project is located entirely in the Downtown Community Plan Area and all lots included in the project have Residential-Mixed Use Districts (Div. 5B.4.), Commercial-Mixed Use Districts (Div. 5B.5.), Industrial-Mixed Use Districts (Div. 5B.6.), or Industrial Use Districts (Div. 5B.7.) applied.

         3. Where any individual lot exceeds the maximum density specified by the applied Density District (Part 6B.), the total number of dwelling units across all lots included in the unified development shall not exceed the sum of the maximum number of dwelling units allowed across all lots as calculated based on the maximum density specified by each applied Density District (Part 6B.).

      2. Supplemental Procedures

         If the Zoning Administrator approves the density transfer, then prior to the issuance of any building permit, the property owner shall file with the Department of Building and Safety a covenant running with the land that specifies the following obligations:

         1. The operation and maintenance of the development as a unified development is continued in perpetuity;

         2. The density used and the remaining unbuilt density, if any, is allocated to each lot;

         3. The unifying design elements are maintained and continued in perpetuity; and

         4. The individual or entity responsible and accountable for compliance and the fee for the annual inspection of compliance by the Department of Building and Safety, as required pursuant to Sec. 15.3.12. (Annual Inspection of FAR Averaging & Density Transfer Covenants).

The maximum number of efficiency dwelling units allowed on a lot based on lot area.

1. Intent

   The intent of regulating the number of efficiency dwelling units based on lot area is to provide a method that ensures there is a specified maximum ratio of efficiency dwelling units in relation to the size of a lot.

2. Applicability

   Lot area per efficiency dwelling unit applies to any project that includes efficiency dwelling units in a Lot Area-Based Density District.

3. Standards

   The number of efficiency dwelling units on a lot shall not exceed the maximum established by the applied Density District in Div. 6B.2. (Lot Area-Based Density Districts).

4. Measurement

   1. The maximum number of efficiency dwelling units is calculated by dividing the lot area by the lot area per efficiency dwelling unit value outlined in Div. 6B.2. (Lot Area-Based Density Districts), and can be provided in conjunction with household dwelling units where permitted, as calculated in Sec. 6C.1.2. (Lot Area per Household Dwelling Unit).

      1. Lot area that has been committed to the minimum lot area required per efficiency dwelling unit cannot be counted toward the minimum lot area required for a household dwelling unit.

      2. Example:

         1. A 5,000 square-foot lot with a 10 Density District could have five household dwelling units, or three household dwelling units plus four efficiency dwelling units, or any combination that does not exceed the maximum number of dwelling units permitted by the ratios.

         2. If this same lot had five household dwelling units, it would not be able to add any efficiency dwelling units, as the 5,000 square feet of the lot would have been committed to the minimum lot area required for the allowance of the five household dwelling units.

   2. For lots that are adjacent to one or more alley, the maximum number of efficiency dwelling units may be calculated using the lot area plus the area between the exterior lot lines and the centerline of the alley.

   3. Fractions of units do not count towards an additional household dwelling unit or efficiency dwelling unit, except as permitted in Article 9. (Public Benefit Programs).

   4. When density is designated as "Limited by floor area", there is no maximum density. Efficiency dwelling units are limited only by the physical constraints of the applied Form District (Part 2B.).

   5. When density is designated as "Not Permitted", efficiency dwelling units are not permitted.

5. Exceptions

   Accessory dwelling units and junior accessory dwelling units, compliant with Div. 9.5. (Accessory Dwelling Unit Incentive Program), are exempt from the density limit for lots having one or more dwelling units.

6. Relief

   1. A decrease in the minimum lot area per efficiency dwelling unit may be granted as a variance in accordance with Sec. 13B.5.3. (Variance).

   2. For projects that include multiple parcels having different applied Density Districts (Part 6B.), the transfer of density across the development site may be granted, in accordance with Sec. 13B.2.2. (Class 2 Conditional Use Permit).

      1. Supplemental Findings

         In addition to the findings in Sec. 13B.2.2. (Class 2 Conditional Use Permit), the Zoning Administrator shall also find that the project meets the following conditions:

         1. The project meets the definition of unified development.

         2. All lots included in the project have Commercial-Mixed Use Districts (Div. 5B.5.), Industrial-Mixed Use Districts (Div. 5B.6.), or Industrial Use Districts (Div. 5B.7.) applied, or the project is located entirely in the Downtown Community Plan Area and all lots included in the project have Residential-Mixed Use Districts (Div. 5B.4.), Commercial-Mixed Use Districts (Div. 5B.5.), Industrial-Mixed Use Districts (Div. 5B.6.), or Industrial Use Districts (Div. 5B.7.) applied.

         3. Where any individual lot exceeds the maximum density specified by the applied Density District (Part 6B.), the total number of dwelling units across all lots included in the unified development shall not exceed the sum of the maximum number of dwelling units allowed across all lots as calculated based on the maximum density specified by each applied Density District (Part 6B.).

      2. Supplemental Procedures

         If the Zoning Administrator approves a density transfer then, prior to the issuance of any building permit, the property owner shall file with the Department of Building and Safety a covenant running with the land that specifies the following obligations:

         1. The operation and maintenance of the development as a unified development is continued in perpetuity;

         2. The density used and the remaining unbuilt density, if any, is allocated to each lot;

         3. The unifying design elements are maintained and continued in perpetuity; and

         4. The individual or entity responsible and accountable for compliance and the fee for the annual inspection of compliance by the Department of Building and Safety, as required pursuant to Sec. 15.3.12. (Annual Inspection of FAR Averaging & Density Transfer Covenants).

1. Intent

   The Minimum Dwelling Units per Lot Area standard is intended to implement State housing element law requirements for designated Lower Income Housing Element Rezoning Sites, and to advance the goals, policies, and objectives identified in the 2021-2029 Housing Element.

2. Applicability

   1. The Minimum Dwelling Units per Lot Area standard applies when a project involves the following project activities: new construction, major remodel, exterior modification, use modification, temporary use, demolition, renovation.

   2. The minimum density rules in this Section (Minimum Dwelling Units Per Lot Area) apply to any project that includes dwelling units located on a lot where Minimum Dwelling Units per Lot Area is listed in Div. 6B.2. (Lot Area-Based Districts) as “Applicable”, “Market-Contingent”, or “As Mapped” by the applied Density District (Part 6B.).

3. Standards

   1. Applicable

      Where the applied Density District specifies Minimum Dwelling Units per Lot Area as “Applicable” any project on the lot must propose a minimum of one dwelling unit per 2,000 square feet of lot area, which can be a combination of household dwelling units and efficiency dwelling units where permitted. Dwelling units provided as accessory dwelling units, pursuant to Div. 9.5. (Accessory Dwelling Unit Incentive Program), count toward the required minimum density on the lot.

   2. Market Contingent

      1. Where the applied Density District specifies Minimum Density as “Market-Contingent,” any project on a lot that is located within a High or Medium High Residential Market Area as identified by City Council resolution pursuant to Sec. 15.4.3.C.1. (Affordable Housing Linkage Fee), must propose a minimum of one dwelling unit per 2,000 square feet of lot area, which can be a combination of household dwelling units and efficiency dwelling units where permitted. Dwelling units provided as accessory dwelling units, pursuant to Div. 9.5. (Accessory Dwelling Unit Incentive Program), count toward the required minimum density on the lot.

      2. Where the applied Density District specifies Minimum Density as “Market-Contingent,” any project on a lot that is located within a Low, Medium, or Not Applicable Market Area as identified by City Council resolution pursuant to Sec. 15.4.3.C.1. (Affordable Housing Linkage Fee), are not subject to any minimum density requirements, unless they are located on a lot mapped on the Lower Income Rezoning Housing Element Sites Map (Sec. 1.5.15.). If the project is located on a lot mapped on the Lower Income Rezoning Housing Element Sites Map (Sec. 1.5.15.), the project shall include a minimum density of 20 dwelling units per acre, which may include a combination of household dwelling units and efficiency dwelling units where permitted. Dwelling units provided as accessory dwelling units, pursuant to Div. 9.5. (Accessory Dwelling Unit Incentive Program), count toward the required minimum density on the lot.

   3. As Mapped

      1. Where the applied Density District (Part 6B.) specifies Minimum Density as “As Mapped,” any project on a lot mapped on the Lower Income Rezoning Housing Element Sites Map (Sec. 1.5.15.) shall include a minimum density of 20 dwelling units per acre, which may include a combination of household dwelling units and efficiency dwelling units where permitted. Dwelling units provided as accessory dwelling units, pursuant to Div. 9.5. (Accessory Dwelling Unit Incentive Program), count toward the required minimum density on the lot.

      2. Where the applied Density District specifies Minimum Density as “As Mapped,” any project on a lot that is not mapped on the Lower Income Rezoning Housing Element Sites Map (Sec. 1.5.15.) is not subject to any minimum density requirements.

4. Measurement

   1. The required minimum number of household dwelling units is calculated by dividing the lot area by 2,000 square feet, and can be provided in combination with efficiency dwelling units where permitted, as calculated in Sec. 6C.1.3. (Lot Area per Efficiency Dwelling Unit). Lot area that has been committed to the minimum lot area required per household dwelling unit does not count toward the minimum lot area required for an efficiency dwelling unit. An Accessory Dwelling Unit counts toward the required minimum number of household dwelling units.

   2. For lots that are adjacent to one or more alleys, the minimum number of household dwelling units may be calculated using the lot area plus the area between the exterior lot lines and the centerline of the alley.

   3. If the minimum number of household dwelling units is a fraction, the minimum density required shall be rounded up to the nearest unit.

   4. When density is designated as "Not Permitted," household dwelling units are not permitted.

5. Exceptions

   A project or lot that meets any of the following criteria is exempt from the minimum density requirement established in Subsection C. (Standards), above. However, a project or a lot located on the Lower Income Rezoning Housing Element Sites Map (Sec. 1.5.15.) is not subject to the exceptions listed below and must comply in all cases with the requirements of Subsection C. (Standards), above.

   1. The project is limited to new construction of 1,500 square feet or less on a lot with existing buildings or structures, results in no increase in dwelling units and involves no demolition of an existing dwelling unit(s);

   2. A project where the only new dwelling unit added on the lot is an Accessory Dwelling Unit(s);

   3. A project to reconstruct an existing dwelling unit damaged by a disaster or deemed unsafe by the Department of Building and Safety, and results in no increase to the amount of floor area in the prior building or buildings;

   4. A development located on any of the environmentally sensitive sites specified in subparagraphs (B) to (K) of California Government Code Sec. 65913.4(a)(6), including a Very High Fire Hazard Severity Zone, regardless of any mitigation;

   5. A project on a lot listed in Sec. 1.5.6. (Hillside Area Map), where at least 60 percent of the lot is composed of slopes which are 30 percent or greater;

   6. A lot that has an applied Open Space Use District (Div. 5B.1.) ;

   7. A lot that contains a designated historic resource; or

   8. A lot that cannot achieve the minimum density requirement due to any objective provision of this Code that physically precludes the construction of a development, as determined by the Department of Building and Safety, or due to any provision of a Specific Plan, or a Community Plan Implementation Overlay.