§ 35.32

This Chapter implements State Density Bonus Law, including Government Code Sections 65915 through 65918, and successor statutes. State Density Bonus Law allows qualified projects to include more residential units than the Comprehensive Plan and this Development Code would otherwise allow. In exchange, these projects must include a specified number of residential units for lower- or moderateincome households, senior citizens, or special groups (i.e., transitional foster youth, disabled veterans, homeless persons, or lower-income students). Qualified projects may also receive incentives or concessions, waivers or reductions of development standards, and parking ratios. Special incentives are available for certain projects that include land donations or childcare facilities. There are also conditions under which the conversion of apartments to condominiums may receive a density bonus or other incentive.

State Density Bonus Law requires the County to adopt an ordinance that specifies how compliance with the State Density Bonus Law will be implemented. The intent of this Chapter is to implement State Density Bonus Law, as may be amended. The intent of the following regulations is to ensure that, to the maximum extent feasible, the provisions of Government Code Sections 65915 through 65918 are implemented in a manner that is consistent with the policies of the Comprehensive Plan. If legislation is enacted that amends Government Code Sections 65915 through 65918 or other provisions of State Density Bonus Law which would supersede or preempt any section or subsection of this Chapter then, the Board deems that section or subsection null and void and this Chapter shall remain in effect without said section or subsection and continue to apply to all density bonus requests.

(Ord. No. 5202, § 11, 2-13-2024)

A.

Eligible projects. Except as provided in Subsection B (Ineligible projects) below, the following projects shall be eligible for density bonuses, incentives or concessions, waivers or reductions of development standards, and/or parking ratios pursuant to the amount, type, and other applicable criteria in this Chapter and the State Density Bonus Law:

1.

Housing developments. A housing development for five or more residential units, including mixed-use developments, which will contain at least one of the following:

a.

A specific percent of the total units for lower-, very low-, moderate-, or lower- and moderate-income households pursuant to Government Code Sections 65915(b)(1)(A), (B), (D), and (G) or successor statutes;

b.

A senior citizen housing development pursuant to Government Code Section 65915(b)(1)(C) or successor statute;

c.

A mobile home park that limits residency based on age requirements for housing for older persons pursuant to Government Code Section 65915(b)(1)(C) or successor statute;

d.

Ten percent of the total units for transitional foster youth, disabled veterans, or homeless persons pursuant to Government Code Section 65915(b)(1)(E) or successor statute; or

e.

Twenty percent of the total units for lower-income students in an eligible student housing development pursuant to Government Code Section 65915(b)(1)(F) or successor statute.

2.

Condominium projects. A project to convert apartments to a condominium that will provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income, or at least 15 percent of the total units of the proposed condominium project to lower-income households pursuant to Government Code Section 65915.5 or successor statute. See Section 35.32.080 (Condominium Projects) for information on qualified projects and applicable density bonuses and incentives.

B.

Ineligible projects. The following projects shall be ineligible for density bonuses or other incentives or concessions:

1.

Ineligible housing development projects. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this Chapter and Government Code Section 65915 if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the

application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower- or very lowincome households, unless the proposed housing development replaces those units, and otherwise complies with the terms in Government Code Section 65915(c)(3) or successor statute.

2.

Ineligible condominium projects. The following projects to convert apartments to a condominium shall be ineligible for a density bonus or other incentives:

a.

Pursuant to Government Code Section 65915.5(f) or successor statute, the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under this Chapter or Government Code Section 65915.

b.

Pursuant to Government Code Section 65919.5(g) and (h) or successor statutes, the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the County's valid exercise of its police power; or occupied by lower- or very low-income households.

(Ord. No. 5202, § 11, 2-13-2024)

35.32.030 - Density Bonus for Housing Developments

A.

Applicability. The Department shall grant density bonuses in accordance with Government Code Sections 65915(b) and 65915(v) or successor statute to housing developments that meet the criteria in Subsections 35.32.020.A.1 (Housing developments) above, and Government Code Section 65915(b) or successor statute.

B.

Meaning. "Density bonus" means a density increase over the otherwise maximum allowable gross residential density as of the date of application submittal by the applicant to the Department, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

C.

Amount/percentage. The amount of density increase for eligible housing developments shall be calculated pursuant to the percentages, conditions, and other provisions in Government Code Section 65915(f) or successor statute.

D.

Optional increase in amount/percentage. The Department may grant a density bonus greater than what is described in Government Code Section 65915(f) or successor statute for housing developments that meet the requirements of this Chapter.

E.

Density bonus location. Eligible housing developments and density bonuses shall be located in areas as defined in Government Code Section 65915(i) or successor statute.

F.

Continued affordability and affordable housing agreement - rental units. An applicant shall agree to, and the County shall ensure, the continued affordability of all very low-, low-, and moderate-income rental units that qualified the applicant for a density bonus for a minimum duration as follows:

1.

Projects that are funded without low-income housing tax credits shall ensure affordability for a minimum period of 90 years;

2.

Projects that are funded with low-income housing tax credits shall ensure affordability for a minimum period of 55 years.

In addition, the County shall enforce an affordable housing agreement, pursuant to the terms in Government Code Section 65915(c)(1) or successor statute.

G.

Continued affordability - for-sale units. An applicant shall agree to, and the Department shall ensure that the qualified applicant for the density bonus award meets either of the following pursuant to Government Code Section 65915(c)(2) or successor statue:

1.

The initial occupant of all for-sale units that qualified the applicant for the density bonus are persons and families of very low, low, or moderate income, the units are offered at an affordable housing cost, and are subject to an equity sharing agreement, unless this is in conflict with the requirements of another public funding source or Chapter 46 of the County Code.

2.

If the unit is not purchased by an income-qualified person or family within 180 days after the issuance of the certificate of occupancy, the unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies the requirements in the California Revenue & Tax Code §402.1(a)(10) and includes all of the following:

a.

The nonprofit corporation has a determination letter from the Internal Revenue Service affirming its taxexempt status pursuant to Section 501(c)(3) of the Internal Revenue Code and is not a private foundation as that term is defined in Section 509 of the Internal Revenue Code;

b.

The nonprofit corporation is based in California;

c.

All of the board members of the nonprofit corporation have their primary residence in California; and

d.

The nonprofit corporation incorporates within their contracts for initial purchase a repurchase option that requires a subsequent purchaser of the property to offer the nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser pursuant to an equity sharing agreement, unless this is in conflict with the requirements of another public funding source or Chapter 46 of the County Code; or affordability restrictions requiring the property to be sold or resold only to very low-, low-, or moderate-income households and preserved for lower-income housing for at least 45 years if the project is funded with low-income housing tax credits or at least 90 years if the project is funded without low-income housing tax credits.

For the purposes of this Chapter a qualified nonprofit housing corporation shall mean a nonprofit housing corporation organized pursuant to Internal Revenue Code §501(c)(3) that has received a welfare exemption under the California Tax and Revenue Code §214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program.

(Ord. No. 5202, § 11, 2-13-2024)

35.32.040 - Incentives or Concessions for Housing Developments

A.

Applicability. An applicant for a density bonus pursuant to Section 35.32.030 (Density Bonus for Housing Developments) above, and Government Code Section 65915(b) or successor statute, may submit to the Department a proposal for the specific incentives or concessions that the applicant requests pursuant to this Section 35.32.040 (Incentives or Concessions for Housing Developments) and Government Code Section 65915(d) or successor statute.

onus pursuant to Section 35.32.030 (Density Bonus for Housing Developments) above, and Government Code Section 65915(b) or successor statute, may submit to the Department a proposal for the specific incentives or concessions that the applicant requests pursuant to this Section 35.32.040 (Incentives or Concessions for Housing Developments) and Government Code Section 65915(d) or successor statute.

B.

Number of incentives or concessions. Except as provided in Subsection D (Approval and findings for denial) below, and Government Code Section 65915(d)(1) or successor statute, the applicant shall receive from one to five incentives or concessions pursuant to Government Code Section 65915(d)(2) and Government Code Section 65915(v) or successor statutes.

C.

Types of incentives or concessions. For the purposes of this Chapter and in accordance with Government Code Section 65915(k), incentive or concession means any of the following.

1.

Modification of development standards. A reduction in site development standards or a modification of zoning requirements or architectural design requirements of this Development Code that exceed the minimum building standards in County Code Chapter 10, Building Regulations, that would otherwise be required, that results in identifiable and actual cost reductions.

2.

Approval of mixed use zoning. Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing development and the existing or planned development in the area where the housing development will be located.

3.

Other regulatory incentives or concessions. Other regulatory incentives or concessions proposed by the applicant or the Department that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c) or successor statute.

4.

Direct financial incentives. This Section 35.32.040 (Incentives or Concessions for Housing Developments) does not limit or require the provision of direct financial incentives for a housing development, including the provision of publicly owned land by the County or the waiver of fees or dedication requirements.

D.

Approval and findings for denial. The Department shall grant the incentives or concessions requested by the applicant unless the Department makes a written finding, based on substantial evidence, of any of the following:

1.

The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units pursuant to Government Code Section 65915(d) (1)(A) or successor statute;

2.

The concession or incentive would have a specific, adverse impact upon public health and safety, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate-income households pursuant to Government Code Section 65915(d)(1)(B) or successor statute; or

3.

The concession or incentive would be contrary to state or federal law, pursuant to Government Code Section 65915(d)(1)(C) or successor statute.

(Ord. No. 5202, § 11, 2-13-2024)

A.

Applicability. Except as provided in Subsection B (Limitations and standards for a waiver or reduction in development standards) below, an applicant may submit to the Department a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a housing development that meets the criteria in Subsection 35.32.020.A.1 (Housing developments) above, and Government Code Section 65915(b) or successor statute at the densities or with the concessions or incentives permitted under this Chapter.

B.

Limitations and standards for a waiver or reduction in development standards. The Department shall apply the following limitations and standards when considering an applicant's request for a waiver or reduction of development standards:

1.

Limitation on development standards. The Department shall not apply any development standard that will have the effect of physically precluding the construction of a housing development meeting the criteria in Section 35.32.020.A.1 (Housing developments) above, and Government Code Section 65915(b) or successor statute at the densities or with the concessions or incentives permitted by this Chapter.

2.

Impact on health or safety. Nothing in this subdivision shall be interpreted to require the Department to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2) or successor statute, upon health or safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

3.

Impact on historical resources. Nothing in this subdivision shall be interpreted to require the Department to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

4.

No effect on state and federal law. Nothing in this subdivision shall be interpreted to require the Department to grant any waiver or reduction that would be contrary to state or federal law.

5.

No effect on incentives or concessions. A proposal for the waiver or reduction of development standards pursuant to this Section 35.32.050 (Waiver or Reduction in Development Standards for Housing Developments) shall neither reduce nor increase the number of incentives or concessions to which the

applicant is entitled pursuant to Section 35.32.040 (Incentives or Concessions for Housing Developments) and Government Code Section 659195(d) or successor statute.

6.

Limitation for a housing development near a major transit stop. A housing development that receives a waiver from any maximum controls on density because it is located within one-half mile of a major transit stop shall only be eligible for a waiver or reduction of development standards as provided in Government Code Sections 65915(d)(2)(D) and 65915(f)(3)(D)(ii) or successor statutes, unless the Department agrees to additional waivers or reductions of development standards.

a.

For purposes of this Chapter, "major transit stop" shall have the same meaning as defined in Public Resources Code Section 21155.

b.

For purposes of this Chapter, "located within one-half mile of a major transit stop" shall have the same meaning as defined in Government Code Section 65915(o)(3) or successor statute.

(Ord. No. 5202, § 11, 2-13-2024)

35.32.060 - Parking Ratios for Housing Developments

A.

Maximum parking ratios. Upon the request of the applicant, except as provided in Subsection B (Limited or no parking ratio for certain housing developments) below, and Government Code Sections 65915(p)(2), (3), and (4), or successor statutes, the Department shall not require a vehicular parking ratio for a housing development meeting the criteria of this Chapter that exceeds the following:

1.

Zero to one bedroom: one onsite parking space.

2.

Two to three bedrooms: one and one-half onsite parking spaces.

3.

Four and more bedrooms: two and one-half onsite parking spaces.

B.

Limited or no parking ratio for certain housing developments. Notwithstanding Subsection A (Maximum parking ratios) above, and Government Code Section 65915(p)(1) or successor statute, and upon the request of the applicant, the Department shall impose a limited vehicular parking ratio or no vehicular

parking ratio, inclusive of parking for persons with a disability and guests, for the following housing developments:

1.

The parking ratio shall not exceed 0.5 spaces per unit for a housing development that includes at least 20 percent low-income units or at least 11 percent very low-income units and meets the remaining criteria in Government Code Section 65915(p)(2)(A) or successor statue.

2.

The parking ratio shall not exceed 0.5 spaces per bedroom for a housing development that includes at least 40 percent moderate-income units and meets the remaining criteria in Government Code Section 65915(p)(2)(A) or successor statute.

3.

No parking ratio or standards for a housing development that consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower-income families shall be imposed if it meets the criteria in Government Code Section 65915(p)(3) or successor statute.

4.

Pursuant to the criteria in Government Code Section 65915(p)(4) or successor statute, and notwithstanding Government Code Sections 65915(p)(1) and (8), no minimum parking requirement shall be imposed for a housing development that consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower-income families and is a special needs housing development with either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day, or a supportive housing development.

C.

General requirements. The Department shall apply the following requirements when processing an applicant's request for a reduced vehicular parking ratio in accordance with Government Code Section 65915(p) or successor statute:

1.

If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number.

2.

For purposes of this Chapter, a housing development may provide onsite parking through tandem parking or uncovered parking, but not through onstreet parking.

3.

An applicant may request parking incentives or concessions beyond those provided in this Section 35.32.060 (Parking Ratios for Housing Developments), pursuant to Government Code Section 65915(d), or

successor statute.

4.

Notwithstanding Subsection B (Limited or no parking ratio for certain housing developments), above, and Government Code Sections 65915(p)(2) and (3), or successor statutes, the Department may impose a higher vehicular parking ratio not to exceed the ratio described in Subsection A (Maximum parking ratios), above, based upon substantial evidence found in a parking study.

5.

A request pursuant to this Section 35.32.060 (Parking Ratios for Housing Developments) shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 35.32.040 (Incentives or Concessions for Housing Developments), above, and Government Code Section 65915(d) or successor statute.

(Ord. No. 5202, § 11, 2-13-2024)

35.32.070 - Additional Density Bonus or Incentive or Concession for Land Donations or Childcare Facilities

A.

Applicability and Type of Density Bonus. The Department shall grant an additional density bonus or incentive or concession as follows:

1.

Land donations. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the County for the development of very low-income housing units, the applicant shall be entitled to an increase above the otherwise maximum allowable density mandated by Government Code Section 65915(b) or successor statute pursuant to the amount and conditions specified in Government Code Section 65915(g) or successor statute and any other applicable provisions in Government Code Section 65915.

2.

Childcare facilities. A housing development that conforms to Government Code Sections 65915(b) and (h), or successor statutes, and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project shall receive an additional density bonus that is an amount of square feet of residential space or an additional incentive or concession pursuant to the amount and conditions of Section 35.32.040 (Incentives or Concessions for Housing Developments) and Government Code Sections 65915(h) and (k) or successor statutes.

For purposes of this Chapter, "childcare facility" shall mean a day care center for children.

(Ord. No. 5202, § 11, 2-13-2024)

35.32.080 - Condominium Projects

A.

Applicability. The Department shall grant a density bonus or provide other incentives of equivalent financial value to an eligible project to convert apartments to a condominium pursuant to the amount and criteria in this Section 35.32.080 (Condominium Projects), Subsections 35.32.020.A.2 (Condominium projects) and 35.32.020.B.2 (Ineligible condominium projects) above, and Government Code Section 65915.5 or successor statute.

1.

Density bonus. For purposes of this Section 35.32.080 (Condominium Projects) and Government Code Section 65915.5 or successor statute, "density bonus" means an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion.

2.

Other incentives. For purposes this Section 35.32.080 (Condominium Projects) and Government Code Section 65915.5 or successor statute, "other incentives of equivalent financial value" shall not be construed to require the County to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the Department might otherwise apply as conditions of conversion approval.

B.

General requirements. The following provisions and all applicable provisions in Government Code Section 65915.5 or successor statute shall apply to a project to convert apartments to a condominium:

1.

Administrative costs. The applicant shall pay for the reasonably necessary administrative costs incurred by the County pursuant to this Section 35.32.080 (Condominium Projects) and Government Code Section 65915.5 or successor statute.

2.

Conditions of approval. The Department may place reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower-income households.

3.

Authority to deny. Nothing in this Section 35.32.080 (Condominium Projects) or Government Code Section 65915.5 or successor statute shall be construed to require the Department to approve a proposal to convert apartments to a condominium.

(Ord. No. 5202, § 11, 2-13-2024)

35.32.090 - Processing

A.

Pre-Application Assessment. Applicants should submit an application and obtain a Planning and Development Department Pre-Application Assessment before submitting a formal application for a housing development or a project to convert apartments to a condominium. The Pre-Application Assessment will provide information and guidance that applicants should consider before entering into binding commitments; incurring substantial expense in the preparation of plans, surveys, and other information; or submitting a formal planning permit application. The Pre-Application Assessment should relate to a specific proposal that outlines the concept and characteristics of the project. The Pre-Application Assessment application lists specific information that applicants should include to help ensure a thorough assessment.

1.

Processing time for a project to convert apartments to a condominium. The Department shall, within 90 days of receipt of a Pre-Application Assessment for a project to convert apartments to a condominium, notify the applicant in writing of the manner in which the proposed project complies with Section 35.32.080 (Condominium Projects), above, and Government Code Section 65915.5 or successor statute.

B.

Formal planning permit application. The Department and applicants for density bonuses, incentives or concessions, waivers or reductions of development standards, and/or parking ratios pursuant to this Chapter and State Density Bonus Law, shall comply with the following procedures for processing planning permit applications:

1.

Planning permit applications. Applicants for density bonuses, incentives or concessions, waivers or reductions of development standards, and/or parking ratios pursuant to this Chapter and State Density Bonus Law, shall complete and file the Density Bonus Program Supplemental Application and an application form(s) for the standard permit(s) (e.g., Development Plan, Conditional Use Permit, and/or Land Use Permit) required for the project by this Development Code, which includes the following information: site information, number of units, requested density bonus units, proposed number of affordable units, requested incentives, financial information, and site plan.

2.

Preparation, filing, and initial processing of the planning permit applications. The Department and applicants shall follow the procedures and requirements in Chapter 35.80 (Permit Application Filing and Processing) and Government Code Sections 65915(a)(2), 65915(a)(3), and 65943, or successor statutes, for the preparation, filing, and initial processing of the planning permit applications.

Once an application submitted pursuant to this Chapter is deemed complete, the Department shall provide the applicant with a determination as to the amount of density bonus for which the applicant is eligible; and, if requested by the applicant, the parking ratio for which the applicant is eligible; and, if requested by the applicant, whether the applicant has provided adequate information for the Department to make a determination as to incentives, concessions, or waivers or reductions of development standards requested by the applicant; and/or the amount of additional density bonus or incentive or concession for which the applicant is eligible.

3.

Permit review and decisions. The Department shall follow the procedures in Chapter 35.82 (Permit Review and Decisions) for the review, and approval, conditional approval, or denial of housing developments or a project to convert apartments to a condominium under this Chapter and State Density Bonus Law.

a.

Land use and development standards. All housing developments or projects to convert apartments to a condominium shall comply with all applicable requirements of the primary zone in addition to the requirements of this Chapter and State Density Bonus Law. If a requirement of this Chapter or State Density Bonus Law conflicts with a requirement of the primary zone, the requirements of this Chapter and State Density Bonus Law shall control.

b.

Amendments or other discretionary approval. The granting of density bonuses, incentives or concessions, waivers or reductions of development standards, and/or parking ratios shall not be interpreted, in and of itself, to require a Comprehensive Plan amendment, Development Code text amendment, zoning map amendment, or other discretionary approval separate from the discretionary approval otherwise required for the project.

c.

Affordable Housing (AH) overlay zone. The Affordable Housing (AH) overlay zone provides density bonuses and other incentives for projects that provide a significant amount of affordable housing. Density bonuses and other incentives granted pursuant to the AH overlay zone shall be inclusive of the density bonuses and other incentives offered in this Chapter, and shall not be in addition to the density bonuses and other incentives offered in this Chapter.

d.

Affordable housing agreement. Prior to the issuance of any planning permit for a project receiving a density bonus or other incentive under this Chapter, the applicant shall record an affordable housing agreement for a project with rental units along with a resale restrictive covenant for projects with for-sale units, approved as to form by County Counsel. The agreements and covenants shall ensure the continued availability of the units for persons and households of the types and incomes included in Subsection 35.32.020.A (Eligible projects), above, pursuant to the costs, periods, and other requirements in Government Code Sections 65915(c)(1), 65915(c)(2), and 65916 or successor statutes. All units shall be restricted for the maximum period allowed by this Chapter, Chapter 46 (Affordable Housing Enforcement), and Government Code Sections 65915(c)(1), 65915(c)(2), and 65916, or successor statutes.

(Ord. No. 5202, § 11, 2-13-2024)

CHAPTER 35.33 - MULTIPLE-UNIT AND MIXED-USE HOUSING OBJECTIVE DESIGN STANDARDS