§ 9-401

The purpose of this Chapter is to provide a method by which residential developments which provide affordable housing shall receive a density bonus and incentive pursuant to Section 65915 of the Government Code.

(a)

Very Low- and Low-Income Housing and Senior Housing. A residential development is eligible for a 20 percent density bonus if the builder seeks and agrees to construct at least one of the following:

(1)

Ten percent of the total units, excluding density bonus units, are affordable for rental or sale to low-income households at an affordable rent or affordable ownership cost; or

(2)

Five percent of the total units for rental or sale, excluding density bonus units, are affordable to very lowincome households at an affordable rent or affordable ownership cost; or

(3)

A senior citizen housing development, or mobile home park that limits residency based on age requirements for housing for older persons.

(b)

Moderate Income Housing. A residential common interest development is eligible for a five percent density bonus if the builder seeks and agrees to sell ten percent of the total units, excluding density bonus units, to moderate income households and if the project also meets all of the following additional criteria:

(1)

All the dwelling units in the residential development are offered to the public for purchase; and

(2)

The density bonus units are offered for sale at affordable ownership cost.

(c)

Housing for the Disabled Veterans, Transitional Youth, or Homeless Persons. A residential development is eligible for 20 percent density bonus if at least ten percent of the total units, excluding density bonus units, are reserved for and occupied by disabled veterans, transitional youth, or homeless persons and if the builder agrees to:

(1)

Provide the units at the same affordability level as very low-income units;

(2)

Record an affordability restriction for at least 55 years.

(d)

Housing for Students. A student housing project is eligible for a 35 percent density bonus if at least 20 percent of the total units, excluding density bonus units, are reserved for and occupied by lower income students and if the builder agrees to meet the following requirements:

(1)

All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. The builder must provide an operating agreement or master lease with one or more institutions of higher

education for the institution or institutions to make all of the housing available to students from that institution or institutions.

(2)

At least 20 percent of the units will be reserved for and occupied by lower income students receiving or eligible for financial aid, including an institutional grant or fee waiver, from the college or university, the California Student Aid Commission, or the federal government.

(3)

The rent for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.

(4)

The development will provide priority for affordable units for lower income students experiencing homelessness.

(5)

Record an affordability restriction for at least 55 years.

(e)

Low Income Housing with Moderate Income Housing. A residential development is eligible for a density bonus if the builder agrees to meet the following requirements:

(1)

100 percent of the units, exclusive of a manager's unit or units, are for lower income households.

(2)

The builder may request that 20 percent of the total units are for moderate-income housing.

(f)

Density Bonus for Land Donation, Child Care Facility, or Condominium Conversion.

(1)

Density Bonus for Land Donations. When a subdivider or residential developer donates land to the County in return for providing housing for very low-income households, the subdivider or developer shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable zoning district for the entire development, as follows:

TABLE 9-401.020 - DENSITY BONUS FOR LAND DONATIONS

For each additional 1% increase above 10% in the proportion of units affordable to very low-income households, the density bonus shall be increased by 1% up to a maximum of 35%

30 35

(2)

Relation to Other Density Bonuses. This increase shall be in addition to any increase in density otherwise mandated, up to a maximum combined mandated density increase of 35 percent if a developer seeks both the increase required pursuant to this section and a density bonus. The developer shall be eligible for the increased density bonus described in this paragraph if all the following conditions are met:

(A)

The developer donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

(B)

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 the amount not less than 10 percent of the number of residential units of the proposed development.

(C)

The transferred land is zoned and sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned, and is or will be served by adequate public facilities and infrastructure. The developer must have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units prior to the date of approval of the final subdivision map, parcel map, or the residential development. Such approvals may be granted concurrently.

(D)

The transferred lands and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with this Chapter, which shall be recorded on the property at the time of dedication.

(E)

The housing developer is approved by the County.

(F)

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.

(G)

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.

(3)

Density Bonus for Development with a Childcare Facility.

(A)

When a developer proposes to construct a housing development that includes a childcare facility that will be located on the site of, as part of, or adjacent to, the project, the County shall grant either of the following:

(i)

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

(ii)

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

(B)

The County shall require, as a condition of approving a density bonus housing development with a childcare facility that the following occur:

(i)

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 density bonus units are required to remain affordable.

(ii)

Of the children who attend the child are facility, the children of extremely low income, 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 extremely low income, very low-income households, lower-income households, or families of moderate income pursuant to this section.

(C)

The County shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the surrounding neighborhood has adequate childcare facilities.

(4)

Condominium Conversions. Condominium conversions may be eligible for a density bonus or incentive pursuant to the requirements set forth in Government Code Section 65915.5.

The density bonus for which the residential development is eligible shall increase if the percentage of very low-, low-, and moderate-income units exceeds the base percentage established in Sections 9-401.020 (a) and (b), as follows:

(a)

Very Low-Income Units. For each one percent increase above five percent in the percentage of density bonus units affordable to very low-income households, the density bonus shall be increased by two and one-half percent up to a maximum of 50 percent.

(b)

Low Income Units. For each one percent increase above ten percent in the percentage of density bonus units affordable to low-income households, the density bonus shall be increased by one and one-half percent up to a maximum of 50 percent.

(c)

Moderate Income For Sale Units. For each one percent increase above ten percent in the percentage for sale density bonus units affordable to moderate income households, the density bonus shall be increased by one percent up to a maximum of 35 percent. For each one percent increase above 40 percent, the density bonus shall be increased by 3.75 percent up to a maximum of 50 percent if 44 percent of the units are affordable to moderate income households.

All density calculations resulting in factional units shall be rounded up to the next whole number. Table 9- 401.030 summarizes these additional density bonuses.

TABLE 9-401.030 - DENSITY BONUS SUMMARY

Pursuant to Government Code Section 67917.2, an eligible multifamily housing development in the R-H Residential High Density Zone that contains five or more residential units and is located on an urban infill site that is within a transit priority area or within one-half mile of a major transit stop may request a floor area ratio bonus in lieu of a density bonus if at least 20 percent of the units, excluding any additional units allowed under a floor area ratio bonus or other incentives or concessions provided pursuant to this Chapter, will have an affordable housing cost or affordable rent to, and be occupied by, persons with a household income equal to or less than 50 percent of the area median income and be subject to an affordability restriction for a minimum of 55 years.

(a)

Bonus Allowed. The floor area ratio bonus allows an eligible housing development to build additional floor area for housing above the otherwise maximum allowable density permitted under the R-H Zone.

(b)

Definitions. For purposes of this section, "major transit stop" has the same meaning as defined in Section 21155 of the Public Resources Code and "transit priority area" has the same meaning as defined in Section 21099 of the Public Resources Code.

(c)

Calculating the Bonus. The allowable additional gross residential floor area in square feet shall be the product of all of the following amounts:

(1)

An assumed base density for the R-H Zone in dwelling units per acre (15)

(2)

Multiplied by:

(3)

The site area in square feet, divided by 43,560

(4)

Multiplied by:

(5)

2,250.

(d)

No Unit Size Limitations. The builder of the eligible housing development may construct affordable units of any size with the additional floor area, and the overall density bonus limits shall not apply.

(e)

Parking Required. The minimum amount of required parking requirement shall be no more than 0.1 parking spaces for each unit that is affordable to persons and families with a household income equal to or less than 120 percent of the area median income and 0.5 parking spaces for each unit that is offered at market rate.

(f)

Impact Fees. Applicants granted a floor area ratio bonus may calculate impact fees for the additional floor area based on square feet, instead of on a per unit basis.

(g)

Other Incentives or Concessions. An applicant for a floor area ratio bonus may also request specific incentives or concessions pursuant to Section 9-401.050.

(a)

Eligibility for Incentives. A builder may request incentives or concessions pursuant to this section only when the builder is eligible for and receives a density bonus pursuant to Section 9-401.020. A residential development may receive the following number of incentives:

(1)

One incentive or concession for a project that includes:

(A)

At least five percent of the total units for very low-income households;

(B)

At least ten percent of the total units for low-income households; or

(C)

At least ten percent for persons or families of moderate income in a development in which units are for sale.

(2)

Two incentives or concessions for a project that includes:

(A)

At least ten percent of the total units for very low-income households;

(B)

At least 17 percent of the total units for low-income households; or

(C)

At least 20 percent for persons and families of moderate income in a development in which units are for sale.

(3)

Three incentives or concessions for a project that includes:

(A)

At least 15 percent of the total units for very low-income households;

(B)

At least 24 percent of the total units for low-income households; or

(C)

At least 30 percent for persons or families of moderate income in a development in which units are for sale.

(4)

Four incentives or concessions for a project with all of the units affordable to lower income households. 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.

(5)

One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development.

(b)

Types of Incentives and Concessions. One or more of the following incentives and concessions shall be made available to a builder eligible for incentives, per the requirements in Section 9-401.050 (a) above, except as provided in Section 9-401.060:

(1)

Reduction in minimum lot size and/or dimensions;

(2)

Reduction in minimum setbacks;

(3)

Reduction in common and/or private open space required;

(4)

Reduction in square footage requirements of the lot;

(5)

Reduction in yard dimensions;

(6)

Reduction in minimum building separation requirements;

(7)

Increase in building height;

(8)

Increase in building intensity;

(9)

Reduction of ratio of vehicular parking spaces per unit;

(10)

Reduction in street standards, including street width;

(11)

Expediated "fast track" processing of an application (e.g., allowing plan check to begin during an appeal period); or

(12)

Reduction of filing or processing fees pursuant to policies established by the Board.

(c)

In addition to the incentives and concessions described above, an applicant for a development that meets the requirements of Section 9-401.020 may request parking standards consistent with Government Code Section 65915.

(d)

The County is not obligated to provide any direct financial incentives for affordable housing development, to waive impact fees and/or dedication requirements, or to provide publicly owned land for an affordable housing development.

Nothing in this Chapter shall be construed to prohibit the County from granting a density bonus greater than what is described in this Chapter or a greater number of concessions or incentives than what is listed in Section 9-401.050 for a development that meets the requirements of this Chapter.

(a)

Developments for Moderate-Income Households. If a development that includes at least 40 percent moderate-income units is located within one-half mile of a major transit stop and the residents of the development have unobstructed access to that stop from the development, then, upon the request of the developer, the amount of required parking, inclusive of parking for persons with a disability and guests, shall not exceed 0.5 spaces per bedroom.

(b)

Rental Housing for Lower-Income Households. If a development consists of rental housing for lowerincome households, then, upon request of the developer, no parking shall be required if:

(1)

The development is within one-half mile of a major transit stop and the residents of the development have unobstructed access to that stop from the development; or

(2)

The development is reserved for occupancy by individuals 62 years of age or older and it has either paratransit service for the residents or is within one-half mile of a bus route operating at least eight times a day.

(a)

Rental Units. The applicant shall agree to ensure continued affordability of all very low- and lower-income density bonus units for 55 years for rental units or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. During this time the affordable rent shall be set as defined in Section 50053 of the Health and Safety Code.

(b)

For-Sale Units. The applicant shall agree to, and the County shall ensure that, the initial occupant of all forsale units that qualified the applicant for the award of the density bonus are persons and families of very low, low, or moderate income, as required, and the units are offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code:

(c)

Equity Sharing Agreement. An applicant shall agree to, and the County shall ensure that, the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and

families of very low, low, or moderate income, as required, and that the units are offered at an affordable housing cost, as defined in Health and Safety Code Section 50052.5. The following provisions must be included in an 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. The County shall recapture any initial subsidy, as defined in subsection (A) below, and its proportionate share of appreciation, as defined in subsection (B) below, which amount shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership.

(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.

(B)

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

9-401.090 - LOCATION AND DESIGN OF AFFORDABLE UNITS AND BONUS UNITS

(a)

Location and Design of Affordable Housing Units. The affordable housing units shall be integrated with other housing units in the housing development with regard to siting and placement within buildings and shall not differ in exterior appearance from the other housing units. The location of the affordable housing units may or may not be on contiguous parcels within the site. In no event shall the affordable housing units be in only one portion of the housing development or situated in one building of a multi-building development;

(b)

Location of Density Bonus Units. The density bonus units can be in geographic areas of the development site other than the areas where the units for the affordable housing units are located and can be located only on parcels for which the density bonus was granted.

An applicant shall be ineligible for a density bonus or any other incentives or concessions under this Chapter if the 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 low- or very low-income; or occupied by low- or very low-

income households, unless the proposed housing development replaces those units and either of the following applies:

(a)

The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units in the percentages specified in Section 9-401.020 (a) through (d) for the density bonus requested; or:

(b)

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 the purposes of this Section, "replace" shall mean the following:

(1)

If any rental units are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, 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.

(2)

For unoccupied dwelling units in a development with occupied units, the proposed housing development shall provide units of equivalent size or type, or both, 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 in the same proportion of affordability as the occupied units.

(3)

If any dwelling units have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, 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, then one-half of the required units shall be made available at affordable rent or affordable housing cost to, and occupied by, very low-income persons and families and one-half of the required units shall be made available for rent at affordable housing costs to, and occupied by, low-income persons and families.

(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 at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to an equity sharing agreement pursuant to Section 9-401.080 (c).

(5)

If any dwelling units are occupied on the date of application, each household of very low-, low-, or moderately low-income residing in the dwelling units must be offered the right to return to a comparable unit in the proposed housing development with rent for the first 12 months subsequent to that return being the lower of the following: up to five percent higher than the rent at the time of application or up to 30 percent of household income.

(a)

Pre-Application. A developer requesting a density bonus or incentive(s) pursuant to this Chapter may submit pre-application, accompanied by the required fee, for feedback prior to the submittal of any formal requests for approval of a density bonus and incentive and other planning approvals, such as a General Plan amendment, tentative subdivision map, or development plan. The purpose of the pre-application is to determine whether the proposed housing development is in substantial compliance with applicable planning regulations and to establish the basis and procedures for granting the incentive(s) or concession(s). Approval of a pre-application does not constitute approval of the housing development but indicates that the housing development nominally complies with the County's zoning regulations and establishes the type of incentive(s) or concession(s) and agreement to ensure compliance with this Chapter to be recommended by staff.

(1)

Information Required. The following information is required to be submitted for a pre-application:

(A)

A concise written description of the project, including location, number and type of housing units, including affordable units and bonus units, and the permits and approval(s) required;

(B)

A site map showing the location and general layout of the proposed housing development and surrounding land uses and roadways; and

(C)

A written request for the specific incentive(s) or concession(s) sought accompanied by a rationale and accurate supporting information sufficient to demonstrate that any requested incentive is required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified above. If applicable, the developer shall identify the proposed use of any housing subventions or programs for the housing development, such as California Housing Community Development programs or other sources of funding.

(2)

Staff Response. Within 90 days of receipt of a pre-application, the Zoning Administrator shall notify the developer in writing what the staff will recommend as to how the County will comply with this Chapter and shall indicate whether the housing development complies with this Chapter and with the applicable regulations.

(b)

Housing Density Bonus and Incentive Application. An application for a housing density bonus and, if requested, an incentive or concession must include:

(1)

Documentation for a Requested Density Bonus.

(A)

Evidence that the project includes the qualifying percentages of residential units set forth in this Chapter, excluding the units added by the granted density bonus;

(B)

Calculations showing the maximum base density;

(C)

Number or percentage of affordable units and the income level at which the units will be restricted to;

(D)

Number of market rate units that will result from the granted density bonus;

(E)

Resulting density, described in units per square foot; and

(F)

A written acknowledgement that the project will be subject to the affordability restrictions and other provisions set forth in this Chapter.

(2)

Documentation of Requested Incentives or Concessions.

(A)

A pro forma or other report demonstrating that the requested incentives and concessions result in identifiable, financially sufficient and actual cost reductions necessary to ensure the financial feasibility of

the proposed units shall be prepared. The City may require that an independent financial review be conducted at the expense of the applicant.

(B)

A description of any proposed waivers of development standards or other zoning requirements and why they are necessary for making the project physically possible.

(3)

Planned Developments. If the housing development is proposed as a Planned Development under Chapter 9-302, the density bonus and incentive(s) shall be reviewed concurrently with the rezoning application. If the housing development is not proposed as a Planned Development, a Conditional Use Permit shall be required for the density bonus and incentive(s) or concession(s).

(c)

Housing Density Bonus and Incentive Approval. The Planning Commission shall grant the concession or incentive requested unless the Commission finds, based upon substantial evidence, that:

(1)

The concession or incentive does not result in identifiable and actual cost reductions that provide for affordable housing costs or for rents for the targeted units to be set as specified above; or

(2)

The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and 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 and moderate-income households; or

(3)

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

(d)

Standards Must Not Preclude Development. In no case will the County apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of this Chapter at the densities or with the concessions or incentives permitted by this Chapter. An applicant may submit a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of this Chapter at the densities or with the concessions or incentives permitted, and the Planning Commission shall consider that request at the same time as it reviews the application. A proposal for the waiver or reduction of development standards pursuant to this Chapter shall not include a request to reduce nor increase the number of incentives or concessions to which the applicant is otherwise entitled.

An applicant proposing a residential development that includes at least 10 percent affordable units and meets the eligibility criteria of Government Code Section 65913.4 may request that the entitlement be approved through a streamlined, ministerial approval process. Projects that meet the eligibility criteria in this Chapter and the requirements of the State law shall be approved under a ministerial approval process, which exempts them from environmental review under the California Environmental Quality Act. This process also exempts such projects from any discretionary review that would otherwise be required by this Development Title, including, but not limited to requirements for administrative use approval, and does not allow public hearings.

(a)

Eligibility criteria for streamlined ministerial approval. The project shall meet all of the following requirements pursuant to Government Code Section 65913.4:

(1)

The development shall be multi-family housing that contains three or more dwelling units that will be offered for rental or for sale, excluding Accessory Dwelling Units (ADUs).

(2)

At least two-thirds of the square footage of the development shall be designated for residential use.

(3)

The developer shall dedicate at least 10 percent of the units in the project to households making 80 percent or less of the area median income and restricted by an Affordable Housing Density Bonus Agreement pursuant to Section 9-401.120.

(4)

The development shall be consistent with all applicable standards of this Zoning Code.

(5)

At least 75 percent of the perimeter of the development site shall be developed with urban uses. For purposes of this requirement, parcels that are only separated by a public street or highway are considered to be adjacent.

(6)

The General Plan designation and zoning of the site shall allow for residential or residential mixed-use development.

(7)

The project shall meet the parking requirements in Chapter 9-406, Parking and Loading, or a maximum of one parking space per unit, whichever is lower. However, no parking shall be required if the project is

located:

(A)

Within one half mile of a major transit stop in a transit corridor,

(B)

Within a historic district adopted pursuant to Chapter 9-704, Historic Districts and Landmarks; or

(C)

Within one block of a car-share vehicle station.

(8)

The project site shall not be located in any of the following areas:

(A)

Wetlands as defined by federal law;

(B)

Within a flood plain or floodway designated by the Federal Emergency Management Agency (FEMA);

(C)

On prime farmland or farmland of statewide importance as defined by the United States Department of Agriculture and designated on maps prepared by the State Department of Conservation;

(D)

In a very high fire hazard severity zone designated by the State Department of Forestry and Fire Protection;

(E)

On a hazardous waste site designated by the State Department of Toxic Substances Control (DTSC) unless it has been cleared for residential or residential mixed-use by DTSC;

(F)

Within an earthquake fault zone unless the development meets applicable seismic protection standards of the County's Building Code;

(G)

Within a protected species habitat area designated by the General Plan or a County-approved Habitat Conservation Plan;

(H)

Lands under a conservation easement or identified for conservation in an adopted conservation plan or other adopted natural resource protection plan;

(I)

A site where development would require demolition of housing subject to recorded rent restrictions or occupied by tenants during the past 10 years;

(J)

A site where demolition of an historic structure listed on a County, State, or federal Historic Register would be required; or

(K)

A site governed by the Mobile Home Residency Law, the Recreational, Vehicle Park Occupancy Law, the Mobile Home Parks Act, or the Special Occupancy Parks Act.

(b)

Application and Review Process. An applicant seeking approval under the requirements of this section and Government Code Section 65913.4 shall submit proposed plans and an application for SB 35 - Streamlined Infill Project Approval on the form issued by the Community Development Department. The application shall be accompanied by: 1) the required fee listed in the County's Fee Schedule, 2) a Housing Density Bonus and Incentive Application signed by property owner or authorized agent, and 3) dimensioned plans that meet the current application and checklist requirements for streamlined review. A pre-application, as required by Section 9401.100, shall be used to determine eligibility for streamlined review.

(c)

Zoning Compliance Review. A housing project, including a mixed-use project, shall be granted a Zoning Compliance Review with a streamlined, ministerial approval process if it:

(1)

Qualifies for streamlined, ministerial approval under Government Code Section 65913.4; and

(2)

Complies with the County's objective development standards.

(d)

Notification of Non-Compliance with Standards. If the Zoning Administrator determines a project submitted under this section conflicts with any of the requirements set forth in subsection (a) above, it shall inform the applicant, in writing, of the requirement or requirements the project conflicts with, along with an explanation of all conflicts, in the following timeframes:

(1)

Within 60 days of submittal of the application if the project contains 150 or fewer dwelling units; or

(2)

Within 90 days of submittal of the application if the project contains more than 150 dwelling units.

(e)

Deemed approval. If the Zoning Administrator does not provide written notice as required by subsection (c) above, the project will be deemed to satisfy the requirements specified in subsection (b) above and must be granted a Zoning Compliance Review.

(f)

Establishment and Expiration of the Permit. Section 9-802.110 governs the establishment and expiration of an administrative permit granted under this section, except when that section conflicts with subdivision (f) of Government Code Section 65913.4, the provisions of the Government Code prevail.

(g)

Subsequent Permits. The County shall issue subsequent permits if the application for those permits substantially complies with the development as it was approved under this section. Upon receipt of an application for a subsequent permit, County staff shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved using the Streamlined Ministerial Approval Process of this section. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this subsection "unreasonable delay" means permit processing times that are longer than other similar permit requests for projects not approved using the Streamlined Ministerial Approval Process.

(h)

Prevailing Wage and Skilled and Trained Workforce Requirements. The Labor Provisions in the Streamlined Ministerial Approval Process, located in paragraph (8) of subdivision (a) of Government Code Section 65913.4, contain requirements regarding payment of prevailing wages and use of a skilled and trained workforce in the construction of a development approved under this section. Applicants shall certify in the development application that these provisions will be met, as applicable, and that post-approval payroll records shall be maintained.

(1)

A project with more than 25 housing units is required to use a skilled and trained workforce and submit monthly reports to the Zoning Administrator demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. This requirement does not apply if 100 percent of the units are subsidized affordable housing.

(2)

A project that includes 10 of fewer housing units is exempt from these prevailing wage and trained workforce requirements.

Prior to the issuance of a building permit for any dwelling unit in a development for which a density bonus has been awarded or incentives or concessions have been granted, the developer shall enter into a written agreement with the County for the duration of affordability. The terms and conditions of the agreement shall be binding upon the successor in interest of the developer and shall be recorded in the San Joaquin County Clerk Recorder's Office, County Recorder Division. The agreement shall be approved by County Counsel and include provisions for the following:

(a)

The number and proportion of housing units affordable to moderate-income, lower-income, very lowincome, and extremely low-income households by type, location and number of bedrooms;

(b)

Standards for maximum qualifying household incomes and maximum rents or sale prices;

(c)

The party responsible for certifying rents and sales prices of affordable housing units;

(d)

The process that will be used to certify incomes of tenants or purchasers of the affordable housing units;

(e)

How vacancies will be marketed and filled, including the screening and qualifying of prospective renters and purchasers of the affordable units;

(f)

Deed restrictions on the affordable housing units binding on property upon sale or transfer;

(g)

Enforcement mechanisms to ensure that the affordable units are continuously occupied by eligible households and are not sold, rented, leased, sublet, assigned, or otherwise transferred to non-eligible households;

(h)

Project phasing, including the timing of completions, and rental or sale of the affordable housing units, in relation to the timing of the market-rate units; and

(i)

For Common Interest Development. An equity-sharing agreement for moderate-income units that are directly related to the receipt of the density bonus in the common interest development unless it conflicts with the requirements of another public funding source or law. The following provisions must be included:

(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; and

(2)

The County shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.

Chapter 9-402 - Landscaping