18.15 (Density Bonus) of this Title, but may not utilize both the affordable housing…

utilizes state density bonus law, the regulations in this section shall not apply.

(c) Definitions

For purposes of this chapter, the following definitions shall apply.

(1) "100% affordable housing project" means a multiple-family housing project consisting entirely of for-rent affordable units, as defined in Section 16.65.020 of this code, except for a building manager's unit, and available only to households with income levels at or below 120% of the area median income for Santa Clara County, as defined in Chapter 16.65, and where the average monthly rent, inclusive of a reasonable utilities allowance, does not exceed one-twelfth of 30% of the area median income (100% AMI) for the appropriate household size.

(2) “Major transit stop” and “high-quality transit corridor” as defined in subdivision (b) of Section 21155 of the Public Resources Code.

(d) Review Process

Housing Development Projects that comply with objective design standards pursuant toChapter 18.24 (Contextual Design Criteria and Objective Design Standards) shall be subject to streamlined review pursuant to Section 18.77.073 (Streamlined Housing Development Project Review). All other projects shall be subject to architectural review as provided in Section 18.76.020. Projects shall not be subject to the requirements of site and design review in Chapter 18.30(G).

(e) Conformance to Other Combining Districts and Retail Preservation

The following requirements shall apply to projects in the AH affordable housing incentive program:

(1) Where applicable, the requirements of Chapter 18.30(A) (Retail Shopping (R) Combining District Regulations), Chapter 18.30(B) (Pedestrian Shopping (P) Combining District Regulations), and Chapter 18.30(C) (Ground Floor (GF) Combining District Regulations), and Pedestrian Shopping (P) Combining Districts shall apply.

(2) Where applicable, the retail preservation requirements of Section18.40.180 shall apply.

(3) Projects shall not be subject to the requirements of site and design review inChapter 18.30(G).

(f) Permitted Uses

The following uses shall be permitted to use the AH affordable housing incentive program:

(1) 100% affordable housing projects;

(2) In conjunction with a 100% affordable housing project, provided the uses are limited to the ground floor:

(A)  Business or trade school.

(B)  Adult day care home.

(C)  Office less than 5,000 square feet when deed-restricted for use by a not-for-profit organization.

(D) Any uses permitted in the underlying district.

(g) Conditional Uses

All uses conditionally permitted in the applicable underlying zoning district may be established in a project utilizing the AH affordable housing incentive program: (1) In conjunction with an 100% affordable housing project; (2) subject to issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approvals); and (3) provided that the uses are limited to the ground floor.

(h) Development Standards

The following development standards shall apply to projects subject to the AH affordable housing incentive program in lieu of the development standards for the underlying zoning district, except where noted below:

Table 1

Development Standards

                                 AH Incentive Program(1)

 Minimum Site Specifications                                                             Subject to regulations in:

                                 AH Incentive Program(1)

 Minimum Site Specifications                                                             Subject to regulations in:

Site Area (ft 2) Site Width (ft) None required Site Depth (ft) Setback lines imposed by a special setback map pursuant to Chapter 20.08 of this code or Minimum Setbacks imposed to create required effective sidewalk widths apply Same as underlying district or 10 ft. (whichever is Front Yard (ft) less) Rear Yard (ft) Same as underlying district Rear Yard abutting residential zoning Same as underlying district district (ft) Interior Side Yard if abutting residential Same as underlying district zoning district (ft) Same as underlying district or 8 ft. (whichever is Street Side Yard (ft) less) Build-to-Lines Same as underlying district Permitted Setback Encroachments Same as underlying district Maximum Site Coverage None Required Minimum Landscape/Open 20%(2) Space Coverage 25 sq ft per unit for 5 or fewer units(2), 50 sq ft Minimum Usable Open Space per unit for 6 units or more(2) Maximum Height (ft) General Standard (Projects income 50'(4) restricted <120% of AMI) Lower Income Standard (Projects 60’(3)(4) income restricted <60% of AMI) Portions of a site within 50 ft of a residential district (other than an RM-40 35'(5) 18.08.030 or PC zone) R1, R-2, RMD, RM-20, or RM-30 zoned property

Unless the underlying zoning district standard is more permissive, the daylight plane shall be as Daylight Plane for lot lines abutting a follows: low density residential district (RE, R1, Initial height: 16 feet, measured at the property NV-R1, R2, NV-R2, RMD) line Slope: 45 degrees

Maximum Residential Density (net) None Required(3) Maximum Residential Floor Area Ratio (FAR) - Residential Portion of a 2.4:1(3) Project Maximum Non-Residential FAR 0.4:1 Maximum Total FAR 2.4:1(3) None, within one-half mile of a major transit stop or one-quarter mile of a high- quality transit corridor. 0.5 per unit, all other locations. The Director may modify this standard based on findings from a parking study that show fewer Adjustments to the required ratios shall be Minimum Vehicle Parking spaces are needed for the project. The required considered per Chapter 18.52 (Parking). parking ratio for special needs housing units, as defined in Section 51312 of the Health and Safety Code shall not exceed 0.3 spaces per unit. For Commercial Uses, See Chapters 18.52 and