§ 33-1413. Standard incentives for new residential construction. — Escondido Zoning Code

(a) The decision-making body shall grant one density bonus, as specified in subsection (b) of this section, and/or incentives or concessions, as set forth in section 33-1414, when a developer of a housing development of at least five units (or at least three units if the housing development is located within the South Centre City Specific Plan) seeks and agrees to construct at least any one of the following. (The density bonus units shall not be included when determining the total number of target units in the housing development.)
- (1) Low income households. A minimum of 10% of the total units of the housing development as restricted and affordable to lower income households, as defined in Health and Safety Code section 50079.5.
- (2) Very low income households. A minimum of 5% of the total units of the housing development as restricted and affordable to very low income households, as defined in Health and Safety Code section 50105.
- (3) Senior citizen housing. A senior citizen housing development or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code. For purposes of this subparagraph, "development" includes a shared housing building development and a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.
- (4) Moderate income households. A minimum of 10% of the total units in a common interest development as restricted and affordable to moderate income households, as defined in Health and Safety Code section 50093, provided that all units in the development are offered to the public for purchase.
- (5) Transitional foster youth, disabled veterans, homeless persons. A minimum of 10% of the total units of the housing development as restricted for transitional foster youth, as defined in Education Code section 66025.9; disabled veterans, as defined in Government Code section 18541; or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. section 11301 et seq.).
- (6) Student housing. A minimum of 20% of the total units for lower income students in a student housing development that meets the following requirements:
  - (A) All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled currently or in the past six months in at least six units at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, do any one of the following:
    - (i) Provide evidence to the City that the developer entered into an operating agreement or master lease with one or more institutions of higher

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City of Escondido, CA § 33-1413

ZONING

§ 33-1413

education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.

     - (ii) Provide evidence to the City that the developer has established a system for confirming its renters' status as students to ensure that all units of the student housing development are occupied with students from an institution of higher education. 

  - (B) The applicable target units will be used for lower income students, which for purposes of this clause means students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Education Code section 64932.7(k)(1). The eligibility of a student under this clause shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education that the student is enrolled in, or by the California Student Aid Commission, that the student receives or is eligible for financial aid, including an institutional grant or fee waiver, from the college or university, the California Student Aid Commission, or the Federal Government. 

  - (C) The rent provided in the target units shall be calculated at 30% of 65% of the area median income for a single-room occupancy unit type. 

  - (D) The development will provide priority for the target units for lower income students experiencing homelessness. A homeless service provider, as defined in Health and Safety Code section 103577(e)(3), or institution of higher education that has knowledge of a person's homeless status, may verify a student's status as homeless for purposes of this subclause. 

  - (E) For purposes of calculating a density bonus granted pursuant to this subsection, the term "unit" as used in this subsection means one rental bed and its pro rata share of associated common area facilities. The units described in this subsection shall be subject to a recorded affordability restriction of 55 years.

(7) One hundred percent of the total units in the development, but exclusive of any manager's unit, are for lower income households, as defined by Health and Safety Code section 50079.5, except that up 20% of the total units in the development may be for moderate income households, as defined in Health and Safety Code section 50053.
(b) Density bonus. When a developer seeks and agrees to construct a housing development meeting the criteria specified in subsection (a) of this section, the decision-making body shall grant a density bonus subject to the following:
(1) The amount of density bonus to which a housing development is entitled shall vary. The density bonus may be increased according to the percentage of affordable housing units provided above the minimum percentages established in subsection (a) of this section, but shall not exceed 50% except in accordance with subsection (c) of this section or as otherwise authorized by State Density Bonus Law.

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City of Escondido, CA

ESCONDIDO CODE

§ 33-1413

(A) Low income households. For housing developments meeting the criteria of subsection (a)(1) of this section, the density bonus shall be calculated as follows:

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Table A
Density Bonus for Housing Developments with Units Affordable to Low
Income Households
Percentage (%) of Density Bonus to
Be Granted
Percentage (%) of Low Income Units (Additional 1.5% bonus for each 1%
(Minimum 10% required) increase above the 10% minimum)
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
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(B) Very low income households. For housing developments meeting the criteria of subsection (a)(2) of this section, the density bonus shall be calculated as follows:

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Table B
Density Bonus for Housing Developments with Units Affordable to Very Low
Income Households
Percentage (%) of Density Bonus to Be
Percentage (%) of Very Low Granted
Income Units (Additional 2.5% bonus for each 1% increase
(Minimum 5% required) above the 5% minimum)
5 20
6 22.5
7 25
8 27.5
9 30
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City of Escondido, CA § 33-1413

ZONING