Sec. 2110. Special Zoning Exceptions; Alternate Procedure for Action of the Planning…

and Board of Supervisors: When an application is filed for a change in district boundaries, the Commission, as an alternate procedure, may recommend to the Board the granting of a special zoning exception which will permit said application (or his or her assignee) to develop or use said property in accordance with said application and the provisions of this Section.

EEE

Changes of Zoning District Boundaries & Development Code Text Amendments

Art. 21 Page 21 - 3

DEVELOPMENT CODE

• A. Before a special zoning exception may be granted, the Commission or Board may require the applicant to submit additional information relative to his proposal in the manner required in the filing of an application for a Conditional Use Permit under the provisions of Article 17 of this Development Code. In any event, the provisions of Sections 2101 through 2109 and Sections 2111 and 2112 shall apply in addition to the provisions of this Section.

• B. The Commission may recommend and the Board may grant a special zoning exception subject to any of the conditions prescribed in Section 1707 and in compliance with the provisions of Sections 1712, 1713 and 1604 of this Development Code

• C. Upon being granted a special zoning exception by the Board, the applicant shall develop his property in accordance with approved plans and conditions imposed under the provisions of this Section and within a time fixed by the Board in granting said exceptions, or within 12 months from the date of the granting said exceptions where another time is not fixed by the Board, or within any extension of said period.

• D. Upon the development and use of property in accordance with the provisions of Paragraph C. of this Section, the district or part thereof for which the special zoning exception was granted shall be thereupon rezoned, altered, amended and established in accordance with the original application, or as set forth in the order of the Board made at the time said zoning exception was granted.

• E. In the event the applicant (or his assignee) fails to develop and use his or her property in accordance with the provisions of Paragraph C. of this Section, the application will be deemed to have been denied as of the date of the granting of said exception.

Sec. 2111. Change of Zoning Map: A change in a district boundary shall be indicated on the Official Zoning Map with a notation of the date and number of the ordinance amending the map.

Sec. 2112. New Application: Following the denial of an application for a change in a district boundary, no application for the same or substantially the same change shall be filed within 12 months of the date of denial of the application.

Changes of Zoning District Boundaries & Development Code Text Amendments

Art. 21 Page 21 - 4

DEVELOPMENT CODE

Article 22. Density Bonus Provisions and Reasonable Accommodations

Sections:

• Sec. 2201 - Purpose and Objectives

• Sec. 2202 - Definitions for Density Bonus Provisions

• Sec. 2203 - General Provisions

• Sec. 2204 - Continued Availability and Affordability Provisions

Sec. 2205 - Development Standards for Residential Zoning Districts with Density Bonuses Sec. 2206 - Application Process and Procedures

Sec. 2207 - Density Bonus Agreements Sec. 2208 - Reasonable Accommodations

Sec. 2201. Purpose and Objective: The purpose of this Article is to achieve compliance with State of California Government Code Sections 65915 et seq. in providing developer incentives for the production of affordable housing units, senior housing, and child care facilities. This chapter establishes a procedure for providing developer incentives to promote affordable housing in conjunction with an application request. Density bonus programs shall be approved only in conjunction with a rezoning or development permit (i.e., subdivision map, or use permit). In the event any conflict between this Article and Section 65915 et seq. of the Government Code, the provisions of the Government Code shall apply. NOTE: Effective January 1, 2015, AB 2222 enacted changes to many provisions of the state’s density bonus law, including requirements found at Section 65915, subdivisions (c)(3) and (j)(2) and 65915.5, subdivision (g). Those changes, as well as any subsequent amendments to the law, are hereby incorporated into this Article by reference.