Sutter County Municipal Code Ch. 1610 Sutter County Residential Development Density Bonus Program

This Chapter shall be known as the SUTTER COUNTY RESIDENTIAL DEVELOPMENT DENSITY BONUS PROGRAM.

The purpose of this Chapter is to implement Chapter 4.3, Division 1, Title 7 of the California Government Code (section 65915, et seq.), pertaining to the state residential density bonus program. Specifically, this program shall prescribe the Sutter County procedure and criteria to obtain a residential development density bonus in order to construct affordable housing units.

The words and phrases used in this Chapter shall have the meanings as defined below:

County means the County of Sutter.

Density Bonus means a density increase up to 25% over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the developer to the county. The density bonus shall not be included when determining the number of housing units which is equal to 10% or 20% of the total.

Household, Lower Income means a household with an income adjusted for household size which does not exceed 80% of the median household income as defined by the United States Department of Housing and Urban Development for all households in Sutter County under Section 8 of the United States Housing Act of 1987 or its successor.

Household, Very Low Income means a household with an income adjusted for household size which does not exceed 50% of the median household income as defined by the United States Department of Housing and Urban Development for all households in Sutter County under Section 8 of the United States Housing Act of 1987 or its successor.

Housing, Affordable means housing with a contract rent or price which is affordable by very low and lower income households.

Housing Cost means contract rent or total house payment (including homeowner's insurance, taxes and bonded indebtedness).

Senior Citizen shall mean a person 62 years of age or older, or 55 years of age or older residing in a senior citizen housing development.

Senior Citizen Couple shall mean persons cohabiting and sharing living expenses where at least one of the persons is 62 years of age or older and the second person is no less than 30.

Senior Citizen Housing Development shall mean a residential development, other than mobile homes, of at least 25 dwelling units for senior citizens.

(a) A developer of affordable housing may obtain a density increase of 25% over the otherwise maximum allowable residential density provided by the Sutter County General Plan or applicable specific plan and/or Zoning Code when the development complies with the requirements of Section 65915 of the California Government Code and this Chapter. The density bonus shall apply to housing developments consisting of five or more dwelling units.

(b) When a developer of housing agrees or proposes to construct at least (1) 20% of the total units of a housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code, or (2) 10% of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code, or (3) 50% of the total dwelling units of a housing development for qualifying residents, as defined in Section 51.2 of the Civil Code, the County shall either (i) grant a density bonus and at least one of the concessions or incentives identified in this Chapter unless the County makes a written finding that the additional concession or incentive is not required in order to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code or for rents for the targeted units to be set as specified in section 1610-0100, or (ii) provide other incentives of equivalent value based upon the land cost per dwelling unit.

(c) For purposes of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the area where the units for the lower income households are located.

Notwithstanding any other provision of this Chapter, those rental units targeted for lower income households shall be affordable at a monthly rent that does not exceed 30% of monthly income of those households which receive 60% of the area medium household income, as adjusted for household size.

Those rental units targeted for very low income households shall be affordable at a monthly rent that does not exceed 30% of monthly income of those households which receive 50% of the area medium household income, as adjusted for household size.

In accordance with Government Code section 65915(h), concessions or incentives shall mean any of the following:

(a) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required.

(b) Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and existing or planned development in the area where the proposed housing project will be located. In the event of mixed use zoning approval, the project shall be appropriately conditioned to ensure that the housing project will be completed before, or concurrently with, any other use approved.

(c) Other regulatory incentives or concessions proposed by the developer or the county which result in identifiable cost reductions.

This subdivision does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land by the county or the waiver of fees or dedication requirements.

(a) In no case shall the density bonus permitted under this Chapter be used in conjunction with any other program or law that grants density increases.

(b) For housing developments where only a portion of the project is either for rental housing for lower or very low income households or for housing exclusively for senior citizens, the calculation of the density bonus shall only apply to that portion of the project.

(c) For those projects where a density bonus could be earned under Government Code Section 65915 for both very low income housing and low income housing, only one density bonus shall be granted.

The maximum density allowed under the density bonus program shall be calculated as follows:

All housing developments receiving a density bonus shall comply with the following requirements:

(a) The development shall be served by a public water system, a sanitary sewer system and a drainage system to a drainage out-fall with adequate capacity to serve the project.

(b) The development shall be located within one of the County's urban areas or rural communities as identified in the General Plan.

(c) Housing developments within any urban area or the rural community of Sutter shall provide street improvements, including, but not limited to, curbs, gutter, sidewalks, and street paving. These requirements may be deferred upon the recommendation of the Sutter County Development Services Department provided a written agreement is recorded guaranteeing their completion.

(d) The property on which the development is located shall be zoned R-1 PD, R-2 PD, R-3 PD or R-4 PD district. Any amendment to an existing development plan which includes a proposal for a density bonus shall be approved by both the Planning Commission and the Board of Supervisors.

(Ord. 1585, Sec. 3, May 28, 2013)

(a) In order to obtain the density bonus under this Chapter, those units constructed for lower or very low income households shall remain available to those income groups for a period of 30 years, or longer if so required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

(b) In order to obtain the density bonus under this Chapter, if no concessions or incentives are provided by the County pursuant to Government Code 65915, the units constructed for lower or very low income households shall remain available to those income groups for a period of 10 years, or longer if so required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

(c) An agreement between the housing developer and the County assuring the availability of these units shall be recorded.

(a) Application for a density bonus under this Chapter shall be made on a form provided by the Development Services Department and shall be accompanied by a fee which shall be the same fee as set by resolution of the Board of Supervisors for rezoning of property from one classification to another. In those cases where the property for which the density bonus is being requested must be rezoned to include the "PD" combining zoning classification or in the case of properties which are already zoned to include the "PD" combining designation but the development plan needs to be amended or approved, no application fee for the rezoning or for the development plan amendment shall be required.

(b) The housing developer shall, at the time of application, provide proof to the satisfaction of the County that a waiver or modification of the County's standard requirements is necessary as a concession or incentive in order to make the housing project economically feasible.

(c) A developer may submit to the County a preliminary proposal for the development of housing pursuant to this Chapter prior to the submittal of any formal requests for general plan amendments, zoning amendments, or subdivision map approvals. The County shall, within 90 days of receipt of a written proposal, notify the housing developer in writing of the procedures under which it will comply with this Chapter.

(Ord. 1584, Sec. 4, May 28, 2013)

(a) Density bonus applications shall be approved by the Board of Supervisors in accordance with this Chapter and Government Code Section 65915.

(b) If the density bonus application is a part of other concurrent land use applications which must be heard by the Board of Supervisors, the density bonus application shall be considered by the Board at the same time and in the same manner, including a public hearing, that it considers the concurrent application.

(c) If a density bonus application has no concurrent land use application that will be considered by the Board, the Board shall consider the density bonus application at a noticed public hearing within 90 days of the Planning Commission's approval of any concurrent land use applications. Such Planning Commission approval shall be conditioned on approval of the density bonus application by the Board.

(d) If a density bonus application requires no concurrent land use approvals, the Board shall consider the application at a noticed public hearing within 90 days of the filing of the application.

Notice of Board of Supervisors hearing shall be given by the Clerk of the Board through the United States mails to the project applicant, as well as to the owners of all property within 400 feet of the exterior boundary of the property being considered, at least ten days prior to the date of such consideration. Notice of hearing shall also be published once in a newspaper of general circulation, at least ten days before the hearing.

An approved density bonus shall terminate and be null and void without further action of the County after five years from the date of approval of the density bonus, except where the project for which the density bonus was approved has a valid tentative map. Where a valid tentative map exists, the density bonus shall remain valid for the same period as the tentative map.

(Ord. 1226, Sec. 1; Oct. 17, 1995)