9-401.020 - ELIGIBILITY

(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.