Glenn County Municipal Code § 15.60 Density Bonus

As required by California Government Code Section 65915, this chapter is intended to establish policies which facilitate the development of affordable housing to serve a variety of economic needs within the County. In order to encourage the provision for lower- and very low-income housing, the County shall provide to developers/property owners—who agree to meet the requirements which are established by this chapter—a density bonus and additional incentives if it is found that it is necessary for affordability, or provide other incentives of equivalent financial value. The regulations set forth in this chapter shall apply Countywide. (Ord. 1183 § 2, 2006)

1. In accordance with Government Code Section 65915, the Board of Supervisors shall grant either of the following:

   1. A density bonus and an additional concession or incentive, unless determined unnecessary for affordability; or

   2. Provide an incentive of equivalent financial value. The increase in density must be at least twenty-five percent (25%) over the maximum density authorized by the County General Plan;

2. In order to qualify for this bonus, a housing project must consist of five or more dwelling units and meet one or more of the following criteria;

   1. At least twenty (20) percent of the total units allowed by the maximum permitted density are designated for lower-income households as defined in Section 50079.5 of the Health and Safety Code; or

   2. At least ten (10) percent of the total units allowed by the maximum permitted density are designated for very low-income households as defined in Section 50105 of the Health and Safety Code; or

   3. At least fifty (50) percent of the total units allowed by the maximum permitted density are designated for senior citizens.

3. To be eligible for a density bonus, the developer/property owner must sign a binding agreement with the County which sets forth the conditions and guidelines to be met in the implementation of the Density Bonus Law requirements.

4. The agreement will also establish specific compliance standards and remedies available to the County upon failure by the developer/property owner to make units accessible to intended households. (Ord. 1183 § 2, 2006)

In order to apply for a density bonus, the developer/property owner shall submit to the County a written proposal for a project pursuant to this chapter. If appropriate, the application shall be submitted in conjunction with a subdivision application or use permit application. Otherwise, the application shall be submitted prior to application for a building permit. The proposal shall specify the number, type location, size of housing units, and a construction schedule.

1. The written proposal shall consist of adequate information to determine the project cost per unit of the proposed development. This will include, but not be limited to, capital costs, equity investment, debt service, projected revenues, operating expenses, or other information requested by the County.

2. The County shall, process a completed written proposal along with the appropriate development application and shall notify the developer/property owner in writing of whether it shall:

   1. Grant a density bonus; and

   2. Grant additional concessions or incentives; or find that additional incentives are not necessary for affordability; or

   3. Provide other incentives of equal financial value. (Ord. 1183 § 2, 2006)

The County may grant additional concessions or incentives to the developer/property owner if it is found that the project with the proposed lower-income units would not be feasible without said incentives. Such concessions could include:

1. A modification of development standards pertaining to building height, open space, lot-size requirements, street access, off-street parking, landscaping, fencing, or off-site improvements.

2. Approval of mixed-use zoning within the housing development, such as allowing nonresidential use along with residential. Such allowance shall only be permitted if it is consistent with the County General Plan. (Ord. 1183 § 2, 2006)

In order for a developer/property owner to participate in the program and be eligible for the incentives, the following requirements must be met:

1. The developer/property owner shall set aside each month, at the completion of the project, the number of units which are designated for lower- or very lowincome households. A unit will be counted toward meeting the set-aside requirement if it is either vacant or occupied by a lower- or very low-income tenant or a senior citizen.

2. The target units must be compatible in floor plan, furnishings, and exterior design to nondesignated units. Further, the target units must be reasonably dispersed throughout the development.

3. The time period of availability to the intended population shall be: with additional incentive, thirty (30) years; without additional incentive, ten (10) years.

4. The maximum allowable rents to comply with the law are determined by a formula designed by the State Department of Housing and Community Development based on the area medium income.

5. Houses for sale must be affordable to lower- or very low-income households as defined by income limits established by the State Department of Housing and Community Development.

6. The developer/property owner must provide to the planning authority staff a yearly accounting of the total units occupied, the total units vacant, the total units occupied by lower- or very low-income households, and the total by which the units set aside fell short of the required number of units (default units).

7. Findings for approval.

8. In addition to the findings required for the approval of discretionary land use permits support of a density bonus by the director and the approval of the bonus by the applicable approval body shall also require the following special findings:

   1. The project will not be a hazard or nuisance to the community at large or establish a use or development inconsistent with the goals and policies of the General Plan or applicable community plan.

   2. The number of dwellings approved by the land use permit can be accommodated by existing and planned infrastructure capacities.

   3. Adequate evidence exists to indicate that the development of the property in compliance with the permit will result in the provision of affordable housing in a manner consistent with the purpose and intent of the Glenn County Code.

   4. If the County does not grant at least one financial concession or incentive as defined in California Government Code Section 65915 in addition to the density bonus, that the additional concession or incentive is not necessary in order to provide for affordable housing costs as defined in the California Health and Safety Code, Section 50052.5 or for rents for the targeted units to be set as specified in California Government Code Section 65915(C).

   5. There are sufficient provisions to guarantee that units will remain affordable in the future. (Ord. 1183 § 2, 2006)