Chapter 83.03 — AFFORDABLE HOUSING INCENTIVES - DENSITY BONUS

This Chapter is intended to implement Government Code §§ 65915 et seq. and the Housing Element of the Policy Plan, and to increase the production of affordable and senior citizen housing.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

The provisions of this Chapter apply to a proposed housing development, as defined by Government Code § 65915(i), as may be amended from time to time, that is eligible for a requested density bonus, incentives or concessions, or waiver or reduction of development standards and parking ratios described herein, and is applicable in all zones that allow residential as a primary use.

(Ord. 4415, passed - -2021)

In order to be eligible for a density bonus and other incentives or concessions as provided by this Chapter, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of this Development Code, except as provided by § 83.03.050 (Allowed Incentives or Concessions).

(a) Resident Requirements. A housing development proposed to qualify for a density bonus shall be designed and constructed so that it includes at least any one of the following:

(1) At least ten percent of the total number of proposed units are for lower income households, as defined in Health and Safety Code § 50079.5;

(2) At least five percent of the total number of proposed units are for very low- income households, as defined in Health and Safety Code § 50105;

(3) The project is a senior citizen housing development as defined in Civil Code §§ 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code §§ 798.76 or 799.5;

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

(5) At least ten percent of the total units of a housing development for transitional foster youth, as defined in Education Code § 66025.9, disabled veterans, as defined in Government Code § 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this paragraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low- income units;

(6) At least 20 percent of the total units for lower income students in a student housing development that meets the requirements of Government Code § 65915(b)(1)(F); or

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

(b) Applicant Selection of Basis for Bonus. For purposes of calculating the amount of the density bonus in compliance with § 83.03.040 (Allowed Density Bonuses), the applicant who requests a density bonus shall elect whether the bonus shall be awarded on the basis of subsections (a)(1), (2), (3), (4), (5), (6) or (7).

(c) Bonus Units Shall Not Qualify a Project. A density bonus granted in compliance with § 83.03.040 (Allowed Density Bonuses) shall not be included when determining the number of housing units that is equal to the percentages required by subsection (a).

(d) Minimum Project Size to Qualify for Density Bonus. The density bonus provided by this Chapter shall be available only to a housing development of five or more residential units, including mixed-use developments.

(e) Condominium Conversion Projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements in Government Code § 65915.5.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

The Board shall determine the amount of a density bonus allowed in a housing development in compliance with this Section. For the purposes of this Chapter, "density bonus" means a density increase over the otherwise maximum allowable gross residential density under the applicable Policy Plan designation and zoning district as of the date of application by the applicant to the County.

(a) Density Bonus. A housing development that complies with the eligibility requirements in § 83.03.030(a)(1), (2), (3), (4), (5), (6) or (7) shall be entitled to density bonuses as follows, unless a lesser percentage or no increase in density bonus is proposed by the applicant.

(1) Bonus for Units for Lower Income Households. A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.030(a)(1) (ten percent of units for lower income households) shall be entitled to a density bonus calculated as follows:

(2) Bonus for Units for Very Low-income Households. A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.030(a)(2) (five percent of units for very low-income households) shall be entitled to a density bonus calculated as follows:

(3) Bonus for Senior Citizen Development. A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.030(a)(3) (senior citizen housing development or mobile home park) shall be entitled to a density bonus of 20 percent of the number of senior housing units.

(4) Bonus for Transitional Foster Youth, Disabled Veterans, or Homeless Persons. A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.030(a)(5) (transitional foster youth, disabled veterans, or homeless persons) shall be entitled to a density bonus of 20 percent of the number of the type of units giving rise to a density bonus.

(5) Bonus for Student Housing Development. A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.030(a)(6) (lower-income students in a student housing development) shall be entitled to a density bonus of 35 percent of the student housing units.

(6) Bonus for 100 Percent Affordable Housing Development. A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.030(a)(7) (100 percent of all units in development affordable with up to 20 percent moderate) shall be entitled to a density bonus of 80 percent of the number of units for lower-income households, except if the housing development is located within one-half mile of a major transit stop, then no maximum density controls shall be applied.

(7) Bonus for Moderate-income Units in Common Interest Development. A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.030(a)(4) (ten percent of units in a common interest

development for persons and families of moderate income) shall be entitled to a density bonus calculated as follows:

(8) Density Bonus for Land Donation. When an applicant for a Tentative Map, Parcel Map, or other residential development approval donates land to the County in compliance with this subsection, the applicant shall be entitled to a density bonus for the entire development, provided that nothing in this subsection shall be construed to affect the authority of the County to require a developer to donate land as a condition of development, as follows:

(A) Basic Bonus. The applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable Policy Plan land use designation and zoning district for the entire

development, as follows.

(B) Increased Bonus. The increase identified in the table above shall be in addition to any increase in density required by subsections (a)(1) through (a)(7), up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required in compliance with this subsection (a)(8), as well as the bonuses provided by subsections (a)(1) through (a)(7).

(C) Eligibility for Increased Bonus. An applicant shall be eligible for the increased density bonus provided by this subsection if all of the following conditions are met:

(I) The applicant donates and transfers the land no later than the date of approval of the Final Map, Parcel Map, or residential development application.

(II) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent of the number of residential units of the proposed development.

(III) The transferred land is at least one acre in size, or of sufficient size to permit development of at least 40 units; has the appropriate Policy Plan land use designation; is appropriately zoned for development as affordable housing; and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.

(IV) No later than the date of approval of the Final Map, Parcel Map, or of the residential development, the transferred land shall have all of the permits and approvals, other than Building Permits, necessary for the development of the very low-income housing units on the transferred land, except that the County may subject the proposed development to subsequent design review to the extent authorized by Government Code § 65583.2(i) if the design is not reviewed by the County before the time of transfer.

(V) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with § 83.03.080 (Continued Availability), which shall be recorded on the property at the time of dedication.

(VI) The land is transferred to the County or to a housing developer approved by the County. The County may require the applicant to identify and transfer the land to the approved housing developer.

(VII) The transferred land shall be within the boundary of the proposed development or, if the County agrees, within one-quarter mile of the boundary of the proposed development.

(VIII) A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

(b) Density Bonus Calculations. The calculation of a density bonus in compliance with this Section that results in fractional units shall be rounded up to the next whole number, as required by State law. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.

(c) Additional County Density Bonus. In addition to subsection (a), when a project restricts at least 20 percent of proposed housing units for lower income households, as defined in Health and Safety Code § 50079.5, the County grants an additional density bonus for properties zoned Multiple Residential. The additional County density bonus for such projects shall be ten units per acre in the Valley region, or Desert region when served by piped water, sewer, and paved roads; and five units per acre in the Mountain and remaining Desert regions. The resulting maximum density for such projects shall be 30 units per acre in the Valley region, or Desert region when served by piped water, sewer, and paved roads; and 25 units per acre in the Mountain and remaining Desert regions. These are the maximum densities that shall be used to calculate density bonus prescribed by State law and as provided in § 83.03.030(a)(1), (a)(2), and (a)(7).

(d) Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a Policy Plan amendment, zoning amendment, or other discretionary approval.

(e) Location of Bonus Units. The developer may locate density bonus units in the housing project in other than the areas where the units for the lower income households are located.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

(a) Applicant Request and County Approval. An applicant for a density bonus in compliance with this Chapter may submit to the County a proposal for the specific incentives or concessions listed in subsection (c) (Type of Incentives or Concessions), below, that the applicant requests in compliance with this Section, and may request a meeting with the Director. The applicant may file a request either before filing an application for County approval of a proposed project or concurrently with an application for project approval. The Board shall grant an incentive or concession request that complies with this Section unless the Board makes any of the following findings in writing, based upon substantial evidence:

(1) The incentive or concession does not result in identifiable and actual cost reductions, consistent with § 83.03.050(c), required to provide for affordable housing costs, as defined in Health and Safety Code § 50052.5, or for rents for the targeted units to be set as specified in § 83.03.070(b) (Unit Cost Requirements);

(2) The incentive or concession would have a specific adverse impact, as defined in Government Code § 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical 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- and moderate-income households; or

(3) The incentive or concession would be contrary to state or federal law.

(b) Number of Incentives or Concessions. The applicant shall receive the following number of incentives or concessions.

(1) One Incentive or Concession. One incentive or concession for a project that includes at least ten percent of the total units for lower income households, at least five percent for very low-income households, or at least ten percent for persons and families of moderate income in a common interest development.

(2) Two Incentives or Concessions. Two incentives or concessions for a project that includes at least 17 percent of the total units for lower income households, at least ten percent for very low-income households, or at least 20 percent for persons and families of moderate income in a common interest development.

(3) Three Incentives or Concessions. Three incentives or concessions for a project that includes at least 24 percent of the total units for lower income households, at least 15 percent for very low-income households, or at least 30 percent for persons and families of moderate income in a common interest development.

(4) Four Incentives or Concessions. Four incentives or concessions for a project that includes 100 percent of all units in the development, including total units and density bonus units, for lower income households, as defined by Health and Safety Code § 50079.5, except that up to 20 percent of the units in the development may be for moderateincome households, as defined by Health and Safety Code § 50053. If the project is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

(c) Type of Incentives or Concessions. For the purposes of this Chapter, incentive or concession means any of the following:

(1) A reduction in the site development standards of this Development Code (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements (see also § 83.03.060 [Parking Requirements in Density Bonus Projects]), or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code §§ 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions;

(2) Approval of mixed-use land uses not otherwise allowed by this Development Code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located;

(3) Other regulatory incentives or concessions proposed by the applicant or the County that will result in identifiable, financially sufficient, and actual cost reductions to provide for affordable housing costs; and/or

(4) In its sole and absolute discretion, a direct financial contribution granted by the Board, including writingdown land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.

(d) Effect of Incentive or Concession. The granting of an incentive or concession shall not be interpreted, in and of itself, to require a Policy Plan amendment, zoning amendment, or other discretionary approval. (Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

(a) Applicability. This Section applies to a development that meets the requirements of § 83.03.030 (Eligibility for Bonus, Incentives, or Concessions), above, but only at the request of the applicant. An applicant may request

additional parking incentives or concessions beyond those provided in this Section in compliance with § 83.03.050 (Allowed Incentives or Concessions). A request pursuant to this Section shall neither reduce nor increase the number or incentives or concessions to which the applicant is entitled.

• (b) Number of Parking Spaces Required.

(1) Maximum Parking Requirements. Except as provided by § 83.03.060(b)(2) (Special Parking Requirements), at the request of the applicant, the County shall not require a vehicular parking ratio for a project that complies with the requirements of § 83.03.030 (Eligibility for Bonus, Incentives, or Concessions), inclusive of parking for the disabled and guest parking, that exceeds the following ratios:

• (A) Zero to one bedroom: One on-site parking space per unit.

• (B) Two to three bedrooms: One and one-half on-site parking spaces per unit.

• (C) Four and more bedrooms: Two and one-half on-site parking spaces per unit.

(2) Special Parking Requirements. Notwithstanding § 83.03.060(b)(1) (Maximum Parking Requirements), lower parking ratios shall apply to the following specified projects:

(A) For sale or for rent housing development, that includes at least 20 percent low-income units or at least 11 percent very low-income units that is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development: one- half space per unit.

(B) For-rent housing development, 100 percent affordable to lower income families, located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development: zero spaces per unit.

(C) For-rent housing development for individuals who are 62 years of age or older that complies with Civil Code §§ 51.2 and 51.3, 100 percent affordable to lower income families, and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day: zero spaces per unit.

(D) For-rent special needs housing development (as defined in Health and Safety Code § 51312), 100 percent affordable to lower income families, shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day: zero spaces per unit.

(E) For-rent supportive housing development (as defined in Health and Safety Code § 50675.14), 100 percent affordable to lower income families: zero spaces per unit.

(c) Calculation of Parking. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

(d) Location of Parking. For purposes of this Section, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

A housing development that complies with the resident and project size requirements of § 83.03.030 (Eligibility for Bonus, Incentives, or Concessions) and also includes as part of that development a child care facility other than a family day care home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements:

(a) Additional Bonus and Incentives. The County shall grant a housing development that includes a child care facility in compliance with this Section either of the following:

(1) An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the child care facility; or

(2) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

• (b) Requirements to Qualify for Additional Bonus and Incentives.

(1) The County shall require, as a condition of approving the housing development, that the following occur:

(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 density bonus units are required to remain affordable in compliance with § 83.03.080 (Continued Availability); 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 in compliance with § 83.03.030 (Eligibility for Bonus, Incentives, or Concessions).

(2) The County shall not be required to provide a density bonus or concession for a child care facility in compliance with this Section if it finds, based upon substantial evidence, that the community has adequate child care facilities.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

The units that qualified in the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable units in compliance with the following requirements, as required by Government Code § 65915(c). See also § 83.03.120 (Control of Resale).

(a) Duration of Affordability. The applicant shall agree to, and the County shall ensure, the continued affordability of all low- and very low-income qualifying units shall be maintained for 55 years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program or rental subsidy program.

(b) Unit Cost Requirements. The rents charged for the housing units in the development that qualify the project for a density bonus and other incentives and concessions, shall not exceed the following amounts during the period of continued availability required by this Section:

(1) Lower Income Units. Except as provided below in § 83.03.080(b)(2), rents for the lower income density bonus units shall be set at an affordable rent as defined in Health and Safety Code § 50053.

(2) For housing developments meeting the criteria of § 83.03.030(a)(7), rents for all units in the development, including both base density and density bonus units, shall be as follows:

(A) The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Health and Safety Code § 50053.

(B) The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.

(c) Occupancy and Resale of Moderate-income Common Interest Development Units. An applicant shall agree to, and the County shall ensure that, the initial occupant of moderate income units that are directly related to the receipt of the density bonus in a common interest development as defined in Civil Code § 1351, are persons and families of moderate income, as defined in Health and Safety Code § 50093, and that the units are offered at an affordable housing cost, as defined in Health and Safety Code § 50052.5. The County shall enforce an equity sharing agreement unless it is in conflict with the requirements of another public funding source or law. The following requirements apply to the equity sharing agreement.

(1) Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation.

(2) The County shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Health and Safety Code § 33334.2(e) that promote home ownership. For the purposes of this Section:

(A) The County's initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value; and

(B) The County's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

(a) Location/Dispersal of Units. As required by the Board in compliance with § 83.03.100 (Processing of Bonus Requests), designated units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the non-designated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finished quality.

(b) Phasing. If a project is to be phased, the density bonus units shall be phased in the same proportion as the nondensity bonus units, or phased in another sequence acceptable to the County. (Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

A request for a density bonus and other incentives and concessions shall be evaluated and decided through Conditional Use Permit approval in compliance with Chapter 85.06 (Conditional Use Permits/Minor Use Permits); provided, the decision of the Commission on a Conditional Use Permit application shall be a recommendation to the Board, and the density bonus and other incentives and concessions shall be approved or denied only by the Board. (Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

(a) Agreement Required. An applicant requesting a density bonus shall agree to enter into a density bonus agreement (referred to as the "agreement") with the County in the County's standard form of agreement.

• (b) Agreement Provisions.

(1) Project Information. The agreement shall include at least the following information about the project:

(A) The total number of units approved for the housing development, including the number of designated dwelling units;

(B) A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD Guidelines;

• (C) The marketing plan for the affordable units;

• (D) The location, unit sizes (square feet), and number of bedrooms of the designated dwelling units;

(E) Tenure of the use restrictions for designated dwelling units of the time periods required by § 83.03.080 (Continued Availability);

• (F) A schedule for completion and occupancy of the designated dwelling units;

• (G) A description of the additional incentives and concessions being provided by the County;

• (H) A description of the remedies for breach of the agreement by the owners, developers, and/or successors-ininterest of the project; and

• (I) Other provisions to ensure successful implementation and compliance with this Chapter.

• (2) Minimum Requirements. The agreement shall provide, at minimum, that:

• (A) The developer shall give the County the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value;

(B) The deeds to the designated dwelling units shall contain a covenant stating that the developer or successorsin-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the County;

(C) When providing the written approval, the County shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low and very low-income households, as published by HUD;

(D) The County shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;

(E) Applicable deed restrictions, in a form satisfactory to the County Counsel, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the Certificate of Occupancy;

(F) In any action taken to enforce compliance with the deed restrictions, the County Counsel shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the County's costs of action including legal services; and

(G) Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.

(3) For-Sale Housing Conditions. In the case of a for-sale housing development, the agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period:

(A) Designated dwelling units shall be owner-occupied by eligible households, or by qualified residents in the case of senior housing; and

(B) The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the County which:

(I) Restricts the sale of the unit in compliance with § 83.03.120 (Control of Resale), or other applicable County policy or ordinance, during the applicable use restriction period;

(II) Contains provisions as the County may require to ensure continued compliance with this Chapter and State law; and

(III) Shall be recorded against the parcel containing the designated dwelling unit.

(4) Rental Housing Conditions. In the case of a rental housing development, the agreement shall provide for the following conditions governing the use of designated dwelling units during the applicable restriction period:

(A) The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants;

(B) Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this Chapter;

(C) Provisions requiring owners to submit an annual report to the County, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and

(D) The applicable use restriction period shall comply with the time limits for continued availability in § 83.03.080 (Continued Availability).

(c) Execution of Agreement.

(1) Following Board approval of the agreement and execution of the agreement by all parties, the County shall record the completed agreement on the parcels designated for the construction of designated dwelling units at the County Recorder's Office.

(2) The approval and recordation shall take place at the same time as the Final Map or, where a map is not being processed, before issuance of Building Permits for the designated dwelling units.

(3) The agreement shall be binding on all future owners, developers, and/or successors-in-interest.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

In order to maintain the availability of for-sale affordable housing units constructed in compliance with this Chapter, the following resale conditions shall apply.

(a) Limits on Resale Price. The price received by the seller of an affordable unit shall be limited to the purchase price plus an increase based on the Consumer Price Index, an amount consistent with the increase in the median income since the date of purchase, or the fair market value, whichever is less. Before offering an affordable housing unit for sale, the seller shall provide written notice to the County of their intent to sell. The notice shall be provided by certified mail to the Director.

(b) Units to Be Offered to the County. Home ownership affordable units constructed, offered for sale, or sold under the requirements of this Section shall be offered to the County or its assignee for a period of at least 90 days from the date of the notice of intent to sell is delivered to the County by the first purchaser or subsequent purchasers. Home ownership affordable units shall be sold and resold from the date of the original sale only to households as determined to be eligible for affordable units by the County in compliance with this Section. The seller shall not levy or charge any additional fees nor shall any "finder's fee" or other monetary consideration be allowed other than customary real estate commissions and closing costs.

(c) Declaration of Restrictions. The owners of any affordable unit shall attach and legally reference in the grant deed conveying title of the affordable ownership unit a declaration of restrictions provided by the County, stating the restrictions imposed in compliance with this Section. The grant deed shall afford the grantor and the County the right to enforce the declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions required by this Section.

(d) County to Monitor Resale of Units. The County shall monitor the resale of ownership affordable units. The County or its designee shall have a 90-day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the County for appropriate action.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

(a) Judicial Relief. As provided by Government Code § 65915(d)(3), the applicant may initiate judicial proceedings if the County refuses to grant a requested density bonus, incentive, or concession.

(b) Waiver of Standards Preventing the Use of Bonuses, Incentives, or Concessions.

(1) As required by Government Code § 65915(e), the County will not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of § 83.03.020(a) (Resident

Requirements), above, at the densities or with the concessions or incentives allowed by this Chapter.

(2) An applicant may submit to the County a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum parcel size, side setbacks, and placement of public works improvements.

(3) The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.

(4) A proposal of the waiver or reduction of development standards pursuant to this subsection shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to § 83.03.050 (Allowed Incentives or Concessions).

(c) County Exemption. Notwithstanding the provisions of subsections (a) and (b), above, nothing in this section shall be interpreted to require the County to:

(1) Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have a specific, adverse impact, as defined in Government Code § 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

(2) Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)