Chapter 18.40 — HOUSING DENSITY BONUSES AND INCENTIVES

Footnotes:

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Editor's note— Ord. No. 2025-1, § 2 (Exh. B), adopted Jan. 13, 2025, repealed the former ch. 18.40, §§ 18.40.010—18.40.050, and enacted a new ch. 18.40 as set out herein. The former ch. 18.40 pertained to similar subject matter and derived from Ord. No. 2019-5, §§ 18.36.010—18.36.050, adopted Nov. 12, 2019.

Sec. 18.40.010. - Purpose.

The purpose of this chapter is to implement the State Density Bonus Law, California Government Code § 65915 et seq.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

This chapter shall be applicable in all zoning districts that allow residential uses.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

All proposed housing developments that qualify under California Government Code § 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code § 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code § 65915, as may be amended.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

The Town of Fort Jones shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Code § 65915 et seq., and incentives or concessions also as described in California Government Code § 65915 et seq. [and section] 18.12.050 Application. An application for a density bonus or other incentive under this chapter for a housing development shall be submitted in writing to the planning division to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter and applicable state law.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

The application shall be considered by the planning commission or town council at the same time the project for which the request is being made is considered. If the project is not to be otherwise considered by the planning commission or the town council, the request being made under this chapter shall be considered by the community development director. The request shall be approved if the applicant complies with the provisions of California Government Code § 65915 et seq.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Consistent with the provisions of California Government Code § 65915 et seq., prior to a density bonus or other incentives being approved for a project, the city and the applicant shall agree to an appropriate method of assuring the continued availability of the density bonus units.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)