§ 22.24

This Chapter provides procedures for granting incentives for the construction of affordable housing, senior housing, the provision of childcare facilities, following California Government Code Sections 65915-65918 ("Density Bonuses and Other Incentives"), to encourage the production of affordable housing, and to achieve the following additional goals:

A.

Countywide Plan goals and policies. To implement goals and policies contained in the Countywide Plan providing for incentives for the construction of affordable housing.

B.

Compliance with State law. To comply with the provisions of Government Code Section 65915-65918, which mandates the adoption of a County ordinance specifying procedures for providing density bonuses and other incentives and concessions, waivers or reductions of development standards, and/or reduced parking ratios, to housing development projects that include a specified percentage of housing for moderate income households, low income households, very low income households, senior citizens, transitional foster youth, disabled veterans, homeless persons, or lower income students or providing childcare facilities. This Chapter is intended to be used in conjunction with applicable sections of State law and refers to those sections for brevity and clarity.

(Ord. No. 3577, 2012; Ord. No. 3745, § 1(exh. A), 2021)

This Section specifies standards and procedures for providing density bonuses and other incentives and concessions as required by State law (Government Code Section 65915-65918).

A.

Applicability. Density bonuses and other requirements under State law, including incentives, concessions, waivers or reductions of development standards and parking requirements, are available to the following types of projects:

A housing development with at least five percent of the units at affordable rent or affordable housing cost for very low income households, as defined by Section 50105 of the Health and Safety Code, or 10 percent of the units at affordable rent or affordable housing cost for lower income households, as defined by Section 50079.5 of the Health and Safety Code.

2.

A housing development in which at least 80 percent of the units are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, with the remaining units in the development for moderate-income households, as defined in Section 50053 of the Health and Safety Code.

3.

A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a 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 Civil Code.

4.

A student housing development where at least 20 percent of the units (beds and associated common areas) are reserved for lower income students, subject to the requirements of Government Code Section 65915.

5.

Childcare facilities built in conjunction with a housing development, subject to the requirements of Government Code Section 65915.

6.

Land donation of a size and character consistent with the requirements of Government Code Section 65915.

7.

A housing development where at least 10 percent of the total dwelling units are reserved for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.

8.

A housing development where at least 10 percent of the total units are provided at the same affordability level as very low income units for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act. The affordability shall be guaranteed for a limit of 55 years for these types of housing developments.

All of the types of projects listed above shall be eligible for a density bonus and other incentives, concessions, and waivers or reductions of development standards and parking requirements, as required

by State law. Normally, complying with the County's inclusionary housing standards is sufficient for a project to be eligible for a density bonus.

B.

Density bonuses; calculation of bonuses. Pursuant to State law, the bonuses a particular project is eligible for are described below and shown in Table 3-5a. Density bonus calculations refer to the number of units (beds and common areas in the case of student housing projects) over the maximum allowable residential density.

1.

A housing development project is eligible for a 20 percent density bonus if the applicant seeks and agrees to construct any one of the following:

a.

Ten percent of the units at affordable rent or affordable ownership cost for low income households;

b.

Five percent of the units at affordable rent or affordable ownership cost for very low income households; or

c.

A senior citizen housing development of 35 units or more as defined in Section 51.3 of the Civil Code.

2.

The density bonus for which the housing development project is eligible shall increase if the percentage of units affordable to very low, low, and moderate income households exceeds the base percentage established in subsections (2) and (3) above, as established in California Government Code Section 65915(f).

3.

For an affordable housing development project in which at least 80 percent of the units are for lower income households with any remainder for moderate-income households, the following shall apply:

a.

The maximum density bonus for which the affordable housing project is eligible shall increase up to 80 percent, subject to the findings included in Section 22.24.030.E (Review of application).

b.

If the project is located within one-half mile walking distance of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code: (1) The project shall receive a height increase of up to three additional stories, or 33 feet; and (2) The project shall be exempt from any maximum controls on density.

If the project is located within a one-half mile walking distance or farther of a major transit stop and receives a waiver from any maximum controls on density, the project shall not be eligible for, and shall not receive, a waiver or reduction of development standards other than density, parking, and height requirements.

4.

A housing development in which units are for sale where at least 10 percent of the total dwelling units are reserved for persons and families of moderate income, provided that all units in the development are offered to the public for purchase, shall be eligible for a density bonus based on the percentage of moderate income units shown in the sliding scale provided in Government Code Section 65915(f)(4).

5.

Density bonuses may also be granted for childcare facilities, and land donation in excess of that required by Chapter 22.22 (Affordable Housing Regulations), pursuant to Government Code Sections 65915(g), 65915(h) and 65915(i).

TABLE 3-5a

CALIFORNIA STATE DENSITY BONUS CALCULATION PER GOVERNMENT CODE SECTION 65915

6.

When an applicant proposes to construct a housing development project that conforms to the requirements of Section A above, and proposes to include additional rental or for-sale units affordable to very low-income households or moderate-income households, and meets any of the following requirements:

a.

The housing development project provides 24 percent of the total units to lower-income households; or

b.

The housing development project provides 15 percent of the total units to very low-income households; or

c.

The housing development project provides 44 percent of the total units to moderate-income households.

The applicant may be granted additional density bonus and concessions and incentives, as calculated in Tables 3-5b and 3-5c, provided that the resulting housing development project would not restrict more than 50 percent of the Total Units to moderate-income, lower-income, or very low-income households.

TABLE 3-5b

CALIFORNIA STATE DENSITY BONUS CALCULATION PER GOVERNMENT CODE SECTION 65915(v)(2)

7.

The following provisions apply to the calculation of density bonuses:

a.

When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded up to the next larger integer. When calculating the number of required affordable units, any calculations resulting in fractional units shall be rounded up to the next larger integer.

b.

A project proposed below the maximum allowable residential density may qualify for incentives, concessions, waivers or reductions of development standards if it is eligible for a density bonus.

c.

The County may, at its sole discretion, grant a density bonus exceeding the state requirements where the applicant agrees to construct a greater number of affordable housing units or at greater affordability than required by this subsection A. If an additional density bonus is granted by the County and accepted by the applicant, the additional density bonus shall be considered an incentive or concession for purposes of Government Code Section 65915.

d.

The density bonus units shall not be included when determining the number of affordable units required to qualify for a density bonus.

C.

Incentives and concessions. Subject to the findings included in Section 22.24.020.E (Review of application), when an applicant seeks a density bonus and requests incentives, concessions, waivers or reductions of development standards and parking requirements as incentives or concessions, the County shall grant the incentives or concessions as shown in Table 3-5b and as described in this section.

Incentives and concessions other than waivers or reductions of development standards and parking requirements that result in identifiable and actual cost reductions to provide for affordable housing shall be approved. Waivers of development standards and parking requirements shall be approved when those standards would physically preclude construction of the project that qualifies for a density bonus or incentive. Applicants may request an unlimited number of waivers.

TABLE 3-5c

DENSITY BONUS INCENTIVES AND CONCESSIONS REQUIRED BY GOVERNMENT CODE SECTION 65915

For the purposes of this section, incentive or concession means the following:

a.

A reduction in the site development standards of this Development Code or other County policy, or local architectural design requirements which exceed the minimum building standards approved by the State Building Standards Commission in compliance with State law (Health and Safety Code Sections 18901 et seq.), including, but not limited to, height, setback, coverage, floor area, and/or parking requirements, which result in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set aside specified based upon appropriate financial analysis and documentation consistent with Section 22.24.020.E.

b.

Approval of mixed use zoning in conjunction with the proposed residential development project if nonresidential land uses will reduce the cost of the residential development, and the non-residential land uses are compatible with the residential development project and existing or planned surrounding development.

c.

Other regulatory incentives or concessions proposed by the applicant or the County that will result in identifiable and actual cost reductions and based upon appropriate financial analysis and documentation as specified in Section 22.24.020.D (Application for density bonuses, incentives and concessions).

2.

Nothing in this section requires the provision of direct financial incentives for the residential development project, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The County at its sole discretion may choose to provide such direct financial incentives. Any such incentives may require payment of prevailing wages by the residential development project if required by State law.

3.

The County, at its sole discretion, may provide incentives or concessions for a housing development project that is eligible for a density bonus pursuant to Section 22.24.020.A (Density bonuses; calculation of bonuses) but where the applicant does not request a density bonus, providing the following findings can be made:

a.

The project is a deed-restricted housing development that is affordable to very low or low income persons, or is any residential development project developed pursuant to the Housing Overlay Designation policies included in the Countywide Plan.

b.

The incentive or concession is in compliance with the California Environmental Quality Act and will not be detrimental to the public interest, health, safety, convenience, or welfare of the County, or injurious to the property or improvements in the vicinity and zoning district in which the real property is located.

4.

An applicant for a housing development project that is eligible for a density bonus pursuant to Section 22.24.020.A and who requests a density bonus, incentives, or concessions may seek a waiver and reduction of development standards that have the effect of physically precluding the construction of the project with the density bonus or with the incentives or concessions permitted by this section. There is no limit to the number of waivers and reductions to development standards and parking requirements.

D.

Standards for affordable housing units. Affordable units that qualify a housing development project for a density bonus pursuant to this section shall conform to the provisions applicable to affordable housing units as established in Sections 22.22.080.A through E (General Affordable Housing Standards), 22.22.110 (Decision and Findings), and 22.22.120 (Affordable Housing Post Approval), except:

1.

Rental prices shall be determined pursuant to Health and Safety Code Section 50053 and Section 6922, Title 25, California Code of Regulations, and the units shall be affordable for at least 30 years.

2.

Sales prices shall be determined pursuant to Health and Safety Code Section 50052.5 and Section 6924, Title 25, California Code of Regulations. Units affordable to very low and low income households shall be affordable for 30 years or as long as a period of time permitted by current law, and units affordable to moderate income households shall be affordable in perpetuity.

E.

Application for density bonus, incentives, and concessions. Any request for a density bonus, incentive, concession, parking reduction, or waiver pursuant to Section 22.24.020 shall be included in the affordable housing plan submitted as part of the first approval of any residential development project and shall be processed, reviewed, and approved, conditionally approved, or denied concurrently with all other applications required for the project. The affordable housing plan shall include, for all affordable units that qualify a housing development project for a density bonus pursuant to this section, the information that is required for inclusionary units as specified in Section 22.22.030 (Application Filing). In addition, when requested by staff, the affordable housing plan shall include the following information:

1.

A description of any requested density bonus, incentive, concession, waiver of development standards, or modified parking standard.

Identification of the base project without the density bonus, number and location of all affordable units qualifying the project for a density bonus, and identification of the density bonus units.

3.

Written financial statement demonstrating that any requested incentives and concessions result in identifiable and actual cost reductions, unless the request for incentives and concessions is submitted pursuant to Section 22.24.030.B.3 (Incentives and concessions). The written financial statement shall include: (a) the actual cost reduction achieved through the incentive or concession; and (b) evidence that the cost reduction allows the applicant to provide affordable rents or affordable sales prices.

4.

For waivers of development standards: evidence that the development standards for which the waivers are requested would have the effect of physically precluding the construction of the residential development project at the density or with the incentives or concessions requested. Information must include narrative descriptions, analyses, and architectural diagrams that clearly articulate how many units would be lost due to the application of the specific development standard(s). Where more than one waiver is sought, the application shall clearly demonstrate why the waivers are cumulatively necessary to prevent a development standard from physically precluding the construction of the development.

5.

If an incentive or waiver is requested, submittal of information sufficient to allow the County to assess whether any of the requested incentive(s) or waiver(s) will have a specific adverse impact on any real property that is listed in the California Register of Historical Resources, or if there is such an impact, an analysis of potential methods to satisfactorily mitigate or avoid the specific adverse impact without rendering the residential housing development project unaffordable to moderate-, low-, and very lowincome households, and the feasibility of such methods.

6.

The County may require that any written statement submitted pursuant to Section 22.24.020.D.3 include information regarding capital costs, equity investment, debt service, projected revenues, operating expenses, and such other information as is required to evaluate the written financial analysis. The cost of reviewing any required financial data, including, but not limited to, the cost to the County of hiring a consultant to review the financial data, shall be borne by the applicant.

7.

If a density bonus is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings in Government Code Section 65915(g)(2) can be made.

8.

If a density bonus or concession is requested for a child care facility, the application shall provide evidence that the findings in Government Code Section 65915(h) can be made.

9.

If a request for a density bonus, incentive, concession, parking reduction, or waiver is submitted after the first approval of any housing development project, an amendment to earlier approvals may be required if the requested density bonus, incentive, concession, parking reduction, or waiver would modify either the earlier approvals or the environmental review completed pursuant to the California Environmental Quality Act.

F.

Review of application. Any request for a density bonus, incentive, concession, parking reduction, or waiver pursuant to this Section 22.24.020 shall be submitted as part of the first approval of any housing development project and shall be processed, reviewed, and approved or denied concurrently with the discretionary applications required for the project.

1.

Before approving a request for a density bonus, incentive, concession, parking reduction, or waiver, the review authority shall make the following findings, as applicable:

a.

The housing development project is eligible for a density bonus and any concessions, incentives, waivers, or parking reductions requested; conforms to all standards for affordability included in this chapter; and includes a financing mechanism for all implementation and monitoring costs.

b.

Any requested incentive or concession will result in identifiable and actual cost reductions based upon appropriate financial analysis and documentation if required by Section 22.24.020.D unless the incentive or concession is provided pursuant to Section 22.24.020.B.3.

c.

If the density bonus is based all or in part on dedication of land, all of the findings included in Government Code Section 65915(h) can be made.

d.

If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care facility, all of the findings included in Government Code Section 65915(i) can be made.

e.

If the incentive or concession includes mixed uses, all of the findings included in Government Code Section 65915(k)(2) can be made.

f.

If a waiver is requested, the waiver is necessary because the development standards would have the effect of physically precluding the construction of the residential development project at the densities or with the incentives or concessions permitted by this Section 22.24.020.

2.

The review authority may deny a request for an incentive or concession for which the findings set forth in Section 22.24.020.E.1 (Review of application) above can be made only if it makes a written finding, based upon substantial evidence, of one of the following:

a.

The incentive or concession does not result in identifiable and actual cost reductions and is not required to provide for affordable rents or affordable ownership costs; or

b.

The incentive or concession would have a specific adverse impact upon public health or safety or on any real property that is listed in the California Register of Historic 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, very low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions, as they existed on the date that the application was deemed complete; or

c.

The incentive or concession would be contrary to State or federal law.

3.

The review authority may deny a request for a waiver for which the findings set forth in Section 22.24.020.E.1 above, can be made only if it makes a written finding, based upon substantial evidence, of one of the following:

a.

The modification would have a specific adverse impact upon health, safety and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low, very low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete; or

b.

The modification would have an adverse impact on any real property that is listed in the California Register of Historic Resources; or

c.

The waiver would be contrary to State or federal law.

4.

The review authority may deny a density bonus, incentive, concession, or waiver that is based on the provision of child care facilities and for which the required findings can be made only if it makes a written finding, based on substantial evidence, that the County already has adequate child care facilities.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019; Ord. No. 3745, § 1(exh. A), 2021)

Editor's note— Ord. No. 3745, § 1(exh. A), adopted 2021, renumbered § 22.24.020 as § 22.24.030.

22.24.030 - Replacement Units.

A.

Consistent with State law, a developer shall be ineligible for a density bonus or any other incentives or waivers if the residential 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 or occupied by lower or very low income households.

B.

Notwithstanding Subsection A. above, a developer shall remain eligible for a density bonus and related incentive(s) and waiver(s) if the conditions described in Subsection A. apply, the proposed residential housing development replaces those units, and either of the following applies:

1.

The proposed residential housing development, inclusive of the units replaced pursuant to this Section, contains affordable units at the percentages set forth in Section 22.24.020(B).

2.

Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.

C.

For purposes of this Section, replace shall mean either of the following:

1.

If any dwelling units described in Subsection A. are occupied on the date of application, the proposed residential housing development project shall provide at least the same number of units of equivalent size

to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied the units in the same proportion of lower income renter households to all renter households within the unincorporated area of Marin County, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subparagraph (A) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. If the proposed development is for-sale units, the units replaced shall be subject to subsection 3 below.

2.

If all dwelling units described in Subsection A. have been vacated or demolished within the five-year period preceding the date of application, the proposed residential housing development project shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. If the proposed development is for-sale units, the units replaced shall be subject to subsection 3 below.

3.

Any for-sale unit that qualified the applicant for the award of the density bonus shall meet either of the following conditions:

a.

The unit is initially occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code and is subject to an equity sharing agreement; or

b.

The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code and that includes all of the following:

i.

A repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser.

ii.

An equity sharing agreement.

iii.

Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the Health and Safety Code.

4.

All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for fifty-five years. If the proposed development is for-sale units, the units replaced shall be subject to the provisions of Paragraph (2) of Subsection(c) of Government Code Section 65915.

5.

For purposes of this Section, "equivalent size" means that the replacement units contain at least the same total number of bedrooms and bathrooms as the units being replaced.

(Ord. No. 3819, § I(exh. A), 2024)

Editor's note— Ord. No. 3819, § I(exh. A), adopted June 4, 2024, repealed § 22.24.030 and enacted a new § 22.24.030 as set out herein. Former § 22.24.030 pertained to county incentives for affordable housing and derived from Ord. No. 3577, 2012; Ord. No. 3745, § 1(exh. A), adopted 2021.

22.24.040 - Childcare Facilities.

A.

Residential Development. When a developer proposes to construct a residential housing development that conforms to the requirements of Section 22.24.020(B), and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the residential housing development, the County shall grant either of the following:

1.

An additional density bonus that is an amount of square feet of residential space that is equal to, or greater than, the amount of square feet in the childcare facility; or

An additional incentive approved by the County that would contribute significantly to the economic feasibility of the construction of the childcare facility.

B.

Requirements. The County shall require, as a condition of approving the residential housing development, that the following occur:

1.

The childcare facility shall remain in operation for a period of time that is as long as, or longer than, the period of time during which the affordable housing units are required to remain affordable pursuant to this article; and

2.

Of the children who attend the childcare facility, the children of very low-income households, lower income households, moderate income households shall equal a percentage that is equal to, or greater than, the percentage of dwelling units that are made affordable to very low-income households, lower income households, or families of moderate income households.

3.

For purposes of this section only, "childcare facility" means a facility installed, operated, and maintained under this Section for the nonresidential, care of children as defined under applicable State licensing requirements for the facility.

C.

Residential Development Bonus. The density bonus shall be calculated as follows:

1.

A maximum of five square feet of floor area for each one square foot of floor area contained in the childcare facility for existing structures.

2.

A maximum of ten square feet of floor area for each one square foot of floor area contained in the childcare facility for new structures.

3.

For purposes of calculating the density or floor area bonus under this Section, both indoor and outdoor square footage requirements for the childcare facility as set forth in applicable State childcare licensing requirements shall be included in the floor area of the child care facility.

D.

Notwithstanding any requirement of this Section, the County shall not be required to provide a density or floor area bonus or incentive for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.

(Ord. No. 3819, § I(exh. A), 2024)

A.

Residential Development. Consistent with Government Code Section 65915.7, as it may be amended from time to time, when a developer proposes to construct a commercial development and has entered into a partnered housing agreement approved by the County, the County shall grant a commercial development bonus as prescribed in subdivision (C) below. The commercial development bonus shall not include a reduction or waiver of fees imposed on the commercial development to provide for affordable housing.

B.

Requirements. The requirements for commercial development bonus are as follows, which shall also be described in the partnered housing agreement:

1.

The residential development project shall be constructed on the site of the commercial development or on a site that meets all of the following criteria:

a.

On a site within the unincorporated area of the County;

b.

Within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code;

c.

Located within one mile of public amenities, including schools and employment centers.

2.

At least thirty percent of the total units in the residential development project shall be made available at affordable ownership cost or affordable rent for low-income households, or at least fifteen percent of the total units in the residential development project shall be made available at affordable ownership cost or affordable rent for very low-income households.

3.

The commercial developer must agree either to directly build the affordable units concurrently with the commercial development; donate a land consistent with Section 22.22.090, for the affordable units, prior to

issuance of a building permit for the construction of the commercial development; or make a cash payment to the housing developer for the affordable units prior to issuance of a building permit for the commercial development.

C.

Residential Development Bonus. The development bonus granted to the commercial developer shall consist of any one of the following:

1.

Up to a 20-percent increase in maximum allowable density.

2.

Up to a 20-percent increase in maximum allowable floor area ratio.

3.

Up to a 20-percent increase in maximum height requirements.

4.

Up to a 20-percent reduction in minimum parking requirements.

5.

An exception to a zoning ordinance or other land use regulation.

(Ord. No. 3819, § I(exh. A), 2024)

Chapter 22.26 - LANDSCAPING