Rancho Santa Margarita, Cal., Code of Ordinances ch. 9.14 § 9.14.040

(a) Application. In addition to any other application required for a proposed housing development project, applications for a density bonus or bonuses, incentives or concessions, waivers or reductions of development standards, and/or reduced parking ratios pursuant to Government Code Section 65915--65918 shall be filed with the planning division. The application shall be filed concurrently with the application or applications for other required project approvals.
(b) Processing. City staff shall process the application in the same manner as, and concurrently with, the application or applications for other required project approvals.
(c) Documentation. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus and reduced parking ratios.
(d) Replacement housing requirement. Pursuant to subdivision (c)(3) of Government Code Section 65915, the applicant will be ineligible for a density bonus or any other incentives or concessions unless the applicant complies with the replacement housing requirements therein, including in the following circumstances:
(1) The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or
(2) The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the five-year period preceding the application; or
(3) The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very low-income households; or
(4) The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the five-year period preceding the application.
(e) Density bonus awarded. For a housing development qualifying pursuant to the requirements of Government Code Sections 65915 or 65915.5, the City shall grant a density bonus or bonuses in an amount specified by Government Code Sections 65915 or 65915.5, as those sections may be amended from time to time. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.
(f) Calculation. "Density bonus" means a density increase over the otherwise maximum allowable gross residential density as of the date of application, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. For the purpose of calculating the density bonus, subject to subdivision (o) of Government code Section 65915, the "maximum allowable residential density" or "base density" shall be the greatest number of units allowed to be developed on the parcel(s) under this title, an applicable specific plan, or the Land Use Element of the General Plan.
(g) Incentives/concessions. The City shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d).
(h) Physical constraints. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:
(1) The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;
(2) The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
(3) The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
(4) The waiver or reduction of the development standard would be contrary to state or federal law.
(i) Parking. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p), as that section may be amended from time to time.
(j) Regulatory agreement. The property owner(s) shall enter into a regulatory agreement with the City pursuant to Section 9.14.050 , which satisfies the criteria set forth in subdivision (c) of Government Code Section 65915.
(k) Density Bonus Law.
(1) Compliance. The applicant shall comply with all requirements stated in Government Code Sections 65915--65918. The requirements of Government Code Section 65915--65918, and any amendments thereto, shall prevail over any conflicting provision of this Code.
(2) Excluded development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915.
(3) Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of Government Code Sections 65915--65918. Any changes to Government Code Sections 65915--65918 shall be deemed to supersede and govern over any conflicting provisions contained herein.