51.12 of the Civil Code, or a mobile home park that limits residency based on age…

for older persons pursuant to Sections 798.76 and 799.5 of the Civil Code;

Ten (10) percent of the total dwelling units in a common interest development, as defined in Section 4100 of the Civil Code, are for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all dwelling units are offered to the public for purchase; or

Ten (10) percent of the total dwelling units of a housing development are 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 Section 11302 of Title 42 of the United States Code, also known as the McKinney-Vento Homeless Assistance Act. The dwelling units described in this subparagraph shall be subject to a recorded affordability period of fifty-five (55) years and shall be provided at the same affordability level as very low income dwelling units, as defined in Section 50105 of the Health and Safety Code.

Twenty (20) percent of the total units for lower income students in a student housing development that meets the requirements as provided in Section 65915(b)(1)(F) of the Government Code.

One hundred (100) percent of the total units, exclusive of a manager's unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to twenty (20) percent of the total units in the development may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code.

D.

Application procedure.

An applicant proposing a housing development pursuant to this section that also requires an approved land use permit may submit a density bonus request to the planning director or designee in conjunction with the application for the housing development project. The request shall be processed concurrently with the

housing development project application, and heard by the appropriate hearing body for the housing development.

An applicant proposing a housing development pursuant to this section that does not require an approved land use permit may submit a density bonus request to the planning director. The request shall be considered by the planning director in accordance with subsection F. below and in compliance with the California Environmental Quality Act. The planning director shall provide the determination in writing to the applicant.

E.

Density bonus calculations. The density bonus shall be calculated in accordance with Government Code Sections 65915(f) and 65915(i), as may be amended, or in accordance with Government Code Section 65917.2 as may be amended.

F.

Density bonus approval. The county shall grant the density bonus request for an eligible housing development unless the county makes a written finding, based upon substantial evidence, of any of the following:

The density bonus would have a specific, adverse impact upon public health and safety, or the physical environment or on any historical property as provided in Government Code Section 65915(d)(1)(B) as may be amended from time to time.

The density bonus would be contrary to state or federal law.

G.

Density bonus agreement. The applicant shall enter into a density bonus agreement with the county in a form consistent with Government Code Section 65915, as may be amended from time to time, and approved by the office of county counsel. The density bonus agreement shall include the applicable affordability period and be recorded on the lot or lots designated for the construction of the target units prior to final map approval, or, where a map is not being processed, prior to the issuance of the first building permit.

H.

Incentives. In addition to the density bonus, an applicant who meets the requirements of this section may request incentives that result in identifiable and actual cost reductions to provide affordable housing, as provided in Section 65915(d)(2) and Section 65915(k) of the Government Code, as may be amended from time to time. Incentive examples include, but are not limited to, modifications to site development standards and architectural design requirements.

I.

Incentive approval. The county shall grant incentives pursuant to the provisions of this section unless the county makes a written finding, based upon substantial evidence, of any of the following:

The incentive does not result in identifiable and actual cost reductions to provide for affordable housing or for the setting of rents for target units a as provided in Section 65915(d)(1)(A) of the Government Code, as may be amended from time to time.

The incentive would have a specific, adverse impact upon public health and safety, or the physical environment or on any historical property as provided in Section 65915(d)(1)(B) of the Government Code, as may be amended from time to time.

The incentive would be contrary to state or federal law.

J.

Project design. Target units shall be constructed concurrently with market-rate dwelling units, integrated into the housing development and include comparable infrastructure, construction quality and exterior and interior design to the market-rate dwelling units.

K.

Development standards. The housing development shall comply with the development standards of its zoning classification. If a development standard has the effect of physically precluding the construction of a housing development meeting the criteria for a density bonus or incentive, an applicant may request a development standard modification as provided in Section 65915(e) of the Government Code, as may be amended from time to time.

L.

Parking ratios. In addition to the density bonus, an applicant who meets the requirements of this section may request parking ratios as provided in Section 65915(p) of the Government Code, as may be amended from time to time.

M.

Additional density bonus credits.

An applicant who meets the requirements of this section and includes a child care facility that will be located on the premises of, as part of, or adjacent to the housing development may be eligible for an additional density bonus or incentive as provided in Government Code Section 65915(h) as may be

amended from time to time. The county shall not be required to provide a density bonus or incentive for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. No additional density bonus or incentive shall be granted unless the following requirements are met:

a.

The child care 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 target units are required to remain affordable pursuant to Government Code Section 65915(c) as may be amended from time to time; and

b.

Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to Government Code Section 65915(h) as may be amended from time to time.

An applicant for approval to convert apartments to a condominium project in accordance with Government Code Section 65915.5, as may be amended from time to time, may be eligible for a density bonus or other incentive as provided in Government Code Section 65915.5(a), as may be amended from time to time.

An applicant for approval of a commercial development that has entered into an agreement for partnered housing as provided in Government Code Section 65915.7, as may be amended from time to time, may be eligible for a development incentive as provided in Government Code Section 65915.7, as may amended from time to time.

(Ord. No. 348.4950, § 33, 3-2-2021)