Zoning Case File 26-2420
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Conduct a public hearing and consider an ordinance amending City Code Section 25-2-656 (Citywide Density Bonus (DBC) Combing District Regulations) to allow an applicant using the Citywide Density Bonus Program to pay a fee in lieu of providing on-site, income-restricted rental units. Funding: If it is approved, this item would require certain projects participating in the Citywide Density Bonus program to provide on-site affordable housing rather than being allowed to provide fee-in-lieu. This item could result in a reduction in the overall amount of fee-in-lieu collected under the program over time, but the reduction would be offset by the provision of on-site affordable housing units by the development.
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Ask whether pending density bonus applications keep fee option
Why now: The item was posted for a public hearing and ordinance consideration on September 10, 2026, the matter remains active with next procedural step unknown, and the posting does not state an effective date or how pending applications are treated.
What to do: Request the full posted ordinance text and backup for the Section 25-2-656 amendment and confirm in writing whether it contains an applicability or transition provision for applications already filed under the Citywide Density Bonus Program, and whether the September 10 public hearing was closed or continued. Without that language identified, clients relying on a fee payment instead of on-site units cannot know which version of the rule governs their pending submittal.
Act before: After the next material record update
Verify whether density bonus projects still allow affordable housing fee
Why now: The September 10, 2026 City Council item amends City Code Section 25-2-656 (Citywide Density Bonus Combining District Regulations), and its funding note states certain participating projects would be required to provide on-site affordable housing rather than being allowed to provide fee-in-lieu.
What to do: Pull the posted ordinance draft for the Section 25-2-656 amendment and identify which project categories would lose the option to pay a fee instead of building income-restricted rental units on site, then re-run your pro forma with on-site units, reduced net rentable area, and compliance-period monitoring costs. If your entitlement path assumed a cash fee-in-lieu payment, that assumption may no longer be available and the unit mix and financing structure will need to change before you submit.
Act before: After the next material record update
Ask why density bonus ordinance caption contradicts fiscal note
Why now: The September 10, 2026 City Council posting for the Section 25-2-656 amendment describes allowing fee-in-lieu payment while its own funding statement projects a reduction in fee-in-lieu collections offset by on-site units.
What to do: The posted caption says the ordinance would allow applicants to pay a fee in lieu of on-site income-restricted rental units, while the attached funding note says it would require on-site affordable housing instead of fee-in-lieu — the opposite outcome. Request the ordinance draft and the housing department's fiscal backup, and ask staff which direction the amendment actually moves and how much annual fee-in-lieu revenue is at risk.
Act before: After the requested records are produced
Check if new apartment buildings must include affordable units
Why now: The September 10, 2026 City Council item on City Code Section 25-2-656 applies citywide and its funding note says certain density bonus projects would provide on-site affordable housing instead of a fee.
What to do: If this amendment restricts cash payments, developers using the citywide density bonus to build taller or denser apartment buildings in your area would have to place income-restricted rental units inside those same buildings rather than sending money to a fund spent elsewhere. Ask the council office handling the item whether projects already in review near you would be covered, since the posting does not say.
Act before: After the next material record update
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Conduct a public hearing and consider an ordinance amending City Code Section 25-2-656 (Citywide Density Bonus (DBC) Combing District Regulations) to allow an applicant using the Citywide Density Bonus Program to pay a fee in lieu of providing on-site, income-restricted rental units. Funding: If it is approved, this item would require certain projects participating in the Citywide Density Bonus program to provide on-site affordable housing rather than being allowed to provide fee-in-lieu. This item could result in a reduction in the overall amount of fee-in-lieu collected under the program over time, but the reduction would be offset by the provision of on-site affordable housing units by the development.