Responses to Council Questions and Comments
5/5/2025
Sent to Council 5/5/2025 at 3:00 PM
Item #8: Resolution Approving a Residential Density Bonus Agreement for the 100% Affordable Development Project at 2 Rovina Lane, in Compliance with Petaluma Implementing Zoning Ordinance Section 27.090
• Question: Does the State Density Bonus Law require approval of an Agreement? o Response: No, California State Density Bonus Law (Gov. Code § 65915) mandates that jurisdictions ministerially grant the requested density bonus and development incentives or concessions when an eligible project meets the statutory criteria—such as the provision of a certain percentage of affordable units. It does not require a separate Council-approved Agreement as a condition of eligibility or approval. The City of Petaluma requires an affordable housing agreement or conditions of approval to formalize affordability terms (e.g., length of affordability, tenant income targeting) and ensure long-term compliance, and is a requirement of Petaluma Municipal Code 27.090. This is a local administrative tool, not a state law requirement.
• Question: Does the State Density Bonus Law override and make obsolete the City Agreement and approval requirement?
o Response: No, the City’s requirement that developers enter a Density Bonus Law Agreement is not preempted by the State Density Law as the City’s agreement does not conflict with any provision with the State Law. As there is no conflict, the City can still require the Agreement.
• Question: Why is SPAR required on a 100% Affordable Housing project? Was SPAR approval discretionary?
o Response: The City does not have established policy that would waive the SPAR discretionary review process for 100% affordable housing projects. The applicant submitted the project as an SB 330 Preliminary Review project pursuant to the Housing Accountability Act. SB 330 does not waive a local discretionary review requirement or prohibit discretionary review meetings, but it does limit the maximum number of public meetings or hearings to 5, excluding CEQA-specific public meetings. The Housing Accountability Act (HAA) does limit the City’s ability to deny and impose conditions on housing development projects subject to HAA. Under State law, the applicant of a 100% affordable project may choose to pursue development review under SB 330, as this applicant did, or seek to pursue SB 35 ministerial review.
• Question: Is there a complete inventory of Affordable Housing in Petaluma and the AMI designations?
o Response: The City of Petaluma maintains a list of affordable housing projects, which is included in the Housing Element of the City’s General Plan.
Responses to Council Questions and Comments
5/5/2025
Sent to Council 5/5/2025 at 3:00 PM
This inventory outlines projects with deed-restricted affordable units and the associated Area Median Income (AMI) levels they serve. In addition, the City has an established compliance monitoring program to ensure that affordable units are rented in accordance with regulatory agreements. This includes verifying tenant income, monitoring rents, and reviewing ongoing compliance by property managers and owners.