As required by Government Code Section 65915, this chapter offers density bonuses, and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified in Section 18.66.020 (Eligibility for Bonus, Incentives, or Concessions) below. This chapter is in-tended to implement the requirements of Government Code Section 65915 et seq., and the Housing Element of the General Plan.
(Ord. 1976 § 2, 2019)
Unless otherwise specified below, the following words or phrases are limited to use in this chapter.
Development standard.
"Development standard" includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, and onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.
Housing development.
A development project for five or more residential units, including mixed-use developments. For the purposes of this chapter, a housing development also includes a subdivision or common interest development, as defined in Civil Code Section 4100, approved by the County and consists of residential units or unimproved residential lots; a project to substantially rehabilitate and convert an existing commercial building to residential use; or the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units.
Specific, adverse impact.
As defined in Government Code Section 65589.5(d), paragraph (2), a "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the Zoning Ordinance or General Plan Land Use Designation shall not constitute as specific adverse impact upon the public health and safety.
Unobstructed access.
A development shall be considered to have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.
(Ord. 1976 § 2, 2019)
To be eligible for a density bonus, reduced parking ratios, 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 Zoning Code, except as provided by Section 18.66.040 (Allowed Incentives or Concessions), Section 18.66.050 (Parking Requirements in Density Bonus Projects), and Section 18.66.060 (Bonus and Incentives for a Development with Child Day Care Centers). A project is ineligible for a Density Bonus pursuant to Section 18.66.025, below.
A. 
Resident Requirements. Excluding any units permitted by the density bonus, the County shall grant one density bonus, the amount of which shall be specified in Section 18.66.030 (Allowed Density Bonuses), when an applicant for a housing development, includes within that development at least any one of the following:
1. 
10 percent of the dwelling units are for lower-income households, as defined in Health and Safety Code Section 50079.5;
2. 
Five percent of the dwelling units are for very low-income households, as defined in Health and Safety Code Section 50105;
3. 
The project is a senior citizen housing development as defined in Civil Code Sections 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 Section 798.76 or 799.5;
4. 
10 percent of the dwelling units in a common interest development as defined in Civil Code Section 4100 are for persons and families of moderate income, as defined in Health and Safety Code Section 50093, provided that all units in the development are offered to the public for purchase;
5. 
10 percent of the dwelling units in a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code; disabled veterans, as defined in Section 18541; or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.). The dwelling units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years old and shall be provided at the same affordability level as very low-income units; or
6. 
20 percent of the dwelling units in a student housing development for lower income students that meet the requirements of Government Code Section 65915.
B. 
Applicant Selection of Basis for Bonus. For purposes of calculating the amount of the density bonus in compliance with Section 18.66.030 (Allowed Density Bonuses) below, the applicant who requests a density bonus shall elect whether the bonus shall be awarded based on paragraph (A)(1), (2), (3), (4), or (5), above.
C. 
Bonus Units Shall Not Qualify a Project. A density bonus granted in compliance with Section 18.66.030 (Allowed Density Bonuses), shall not be included when determining the number of dwelling units that are 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 dwelling 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 specified in Government Code Section 65915.5.
F. 
Commercial Development. When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the Director shall grant to the commercial developer a development bonus.
1. 
Agreement for Partnered Housing. The agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and shall be approved by the County. Affordable housing may be contributed by the commercial developer in one of the following manners:
a. 
The commercial developer may directly build the dwelling units.
b. 
The commercial developer may donate a portion of the site or property elsewhere to the affordable housing developer for use as a site for affordable housing.
c. 
The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project.
2. 
Affordability Requirements. To qualify for a development bonus under this section, a commercial developer shall partner with a housing developer that provides at least 30 percent of the dwelling units for low-income households or at least 15 percent of the dwelling units for very low-income households.
3. 
Location of Affordable Housing. The housing shall be constructed on the site of the commercial development or on a site that is all of the following:
a. 
Within the unincorporated County;
b. 
Close to public facilities and services, including schools and employment centers; and
c. 
Within one-half mile of a major transit stop, as defined in Section 21155(b) of the Public Resources Code.
4. 
Type of Development Bonus. The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the County, that may include, but are not limited to, any of the following:
a. 
Up to a 20 percent increase in maximum allowable intensity in the General Plan.
b. 
Up to a 20 percent increase in maximum allowable floor area ratio.
c. 
Up to a 20 percent increase in maximum height requirements.
d. 
Up to a 20 percent reduction in minimum parking requirements.
e. 
Use of a limited-use/limited-application elevator for upper floor accessibility.
f. 
An exception to the zoning ordinance or other land use regulation.
5. 
No Waiver or Reduction of Affordable Housing Fee. A development bonus pursuant to this section shall not include a reduction or waiver of the requirements within an ordinance that requires the payment of a fee by a commercial developer for the promotion or provision of affordable housing.
6. 
Timing of Construction. If the developer of the affordable dwelling units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in paragraph 1 above, the County may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units.
7. 
Annual Report to the State. The County shall submit to the Department of Housing and Community Development, as part of the annual report required by Government Code Section 65400, information describing a commercial development bonus approved, including the terms of the agreements between the commercial developer and the affordable housing developer, and the developers and the County, and the number of affordable dwelling units constructed as part of the agreements.
(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)
A. 
Applicability. Pursuant to Government Code Section 65915, a housing development shall be ineligible for a density bonus or any other incentive or concession, if any of the following is applicable:
1. 
The housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are located;
2. 
If the dwelling units have been vacated or demolished in the five-year period preceding the density bonus application;
3. 
If the dwelling units have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income, or subject to any other form of rent or price control through a public entity's valid exercise of its police power; or
4. 
If the dwelling units are occupied by lower or very low income households.
B. 
Definition. For the purposes of this section, "replace" shall be as defined in Government Code Section 65915, Subdivision (C).
C. 
Replacement Units. A housing development that is ineligible for a density bonus, incentive, or concession, as described in subsection A of this section, may be eligible for a density bonus, incentive, or concession, if the housing development replaces those units and meets one of the following criteria:
1. 
The proposed housing development contains affordable units at the percentages set forth in Section 18.66.020 (Eligibility for Bonus, Incentives, or Concessions) based on the total number of replacement units and proposed number of units; or
2. 
Each unit in the development, excluding the manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.
(Ord. 1976 § 2, 2019)
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 residential density under the applicable General Plan Land Use designation and zone as of the date of application by the applicant to the County.
A. 
Density Bonus. A housing development that complies with the eligibility requirements specified in Section 18.66.020(A) above, shall be entitled to density bonuses as follows, unless a lesser percentage is proposed by the applicant.
1. 
Bonus for Low-Income Household Units. A housing development that is eligible for a bonus in compliance with the criteria specified in Section 18.66.020(A)(1) (10 percent of units for low-income households) shall be entitled to a density bonus calculated as follows:
Table 4-5
Bonus for Low-Income Household Units
Percentage of Low-Income Units Proposed
Percentage of Density Bonus
10
20
11
21.5
12
23
13
24.5
14
26
15
27.5
17
30.5
18
32
19
33.5
20
35
2. 
Bonus for Very Low-Income Household Units. A housing development that is eligible for a bonus in compliance with the criteria specified in Section 18.66.020(A)(2) (five percent of units for very low-income households) shall be entitled to a density bonus calculated as follows:
Table 4-6
Bonus for Very Low-Income Household Units
Percentage of Very Low-Income Units Proposed
Percentage of Density Bonus
5
20
6
22.5
7
25
8
27.5
9
30
10
32.5
11
35
3. 
Bonus for Senior Citizen Development. A housing development that is eligible for a bonus in compliance with the criteria in Section 18.66.020(A)(3) (senior citizen 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 Moderate Income Units in Common Interest Development. A housing development that is eligible for a bonus in compliance with the criteria specified in Section 18.66.020(A)(4) (10 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:
Table 4-7
Bonus for Moderate-Income Household Units
Percentage of Moderate-Income Units Proposed
Percentage of Density Bonus
10
5
11
6
12
7
13
8
14
9
15
10
16
11
17
12
18
13
19
14
20
15
21
16
22
17
23
18
24
19
25
20
26
21
27
22
28
23
29
24
30
25
31
26
32
27
33
28
34
29
35
30
36
31
37
32
38
33
39
34
40
35
5. 
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, as follows; 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 approval.
a. 
Bonus. The applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable General Plan Land Use designation and zone for the entire development, as follows:
Table 4-8
Bonus for Land Donation
Percentage of Very Low-Income Units Proposed
Percentage of Density Bonus
10
15
11
16
12
17
13
18
14
19
15
20
16
21
17
22
18
23
19
24
20
25
21
26
22
27
23
28
24
29
25
30
26
31
27
32
28
33
29
34
30
35
b. 
Increased Bonus. The increase identified in Table 4-8 (Bonus for Land Donation) above, shall be in addition to any increase in density allowed by paragraphs (A)(1) through (A)(4), up to a maximum combined density increase of 35 percent if an applicant seeks both the increase required in compliance with this paragraph (A)(5), as well as the bonuses provided by paragraphs (A)(1) through (A)(4).
c. 
Eligibility for Increased Bonus. An applicant shall be eligible for the increased density bonus for land donation provided by this subsection if all the following conditions are met:
(1) 
The applicant donates and transfers the land no later than the date of approval of the final map, parcel map, or residential development application;
(2) 
The developable acreage and zoning classification of the land being transferred are sufficient to allow construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units of the proposed development;
(3) 
The transferred land is at least one acre in size, or of sufficient size to allow development of at least 40 units; has the appropriate General 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;
(4) 
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 on the transferred land to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the County before the time of transfer;
(5) 
The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 18.66.070 (Continued Availability), which shall be recorded on the property at the time of transfer;
(6) 
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;
(7) 
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; and
(8) 
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.
6. 
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 Section 18.66.020(A)(5) (10 percent of units for transitional foster youth, disabled veterans, or homeless persons) shall be entitled to a density bonus of 20 percent of the total number of dwelling units for transitional foster youth, disabled veterans, or homeless persons.
7. 
Bonus for Dwelling Units for Lower Income Students in a Student Housing Development. A housing development that is eligible for a bonus in compliance with the criteria in Section 18.66.020(A)(6) (20 percent of units for student housing) and Government Code Section 65915, shall be entitled to a density bonus of 35 percent of the student housing units. The term "unit," as used in this paragraph, means one rental bed and its pro rata share of associated common area facilities.
B. 
Greater or Lesser Bonuses. The County may choose to grant a density bonus greater than provided by this section for a development that meets the requirements of this section or grant a proportionately lower-density bonus for a development that does not fully comply with the requirements of this section.
C. 
Density Bonus Calculations. For the purposes of density bonus calculations:
1. 
Fractional units shall be rounded up to the next whole number, as required by State law.
2. 
The residential units do not have to be based upon individual subdivision maps or parcels.
3. 
The residential units shall be on contiguous sites that are the subject of one development application.
4. 
The density bonus shall be permitted in the geographic area of the housing development other than the areas where the units for the lower income household are located.
D. 
Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Zone Map amendment, or other discretionary approval. The granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.
E. 
Location of Bonus Units. The developer may locate density bonus units in the housing project in areas other than where the units for the low-income households are located.
(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)
A. 
Applicant Request and County Approval.
1. 
In compliance with this section, an applicant for a density bonus in compliance with this chapter and Government Code Section 65915(d) may submit a request for the specific incentives or concessions listed in Subsection D (Type of Incentives) below, and may request a meeting with the Director.
2. 
The applicant may file a request for incentives or concessions either before filing an application for County approval of a proposed project or concurrently with an application for project approval.
B. 
Board Consideration of Allowed Incentives or Concessions. The Board shall grant the incentive or concession requested by the applicant unless the Board makes a written finding, based on substantial evidence, of any the following:
1. 
The incentive or concession does not result in identifiable and actual cost reductions, consistent with Government Code Section 65915(k), to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).
2. 
The incentive or concession would have a specific, adverse impact, as defined in Government Code Section 65589.5(d) paragraph (2), upon the public health or safety or the physical environment or on any real property that is 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-income and moderate-income households.
3. 
The incentive or concession would be contrary to State or Federal law.
C. 
Number of Incentives. 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 10 percent of the dwelling units for lower-income households, at least five percent for very low-income households, or at least 10 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 20 percent of the dwelling units for lower-income households, at least 10 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 30 percent of the dwelling 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.
D. 
Type of Incentives. For the purposes of this chapter, concession or incentive means any of the following:
1. 
A reduction in the site development standards of this Zoning Code (e.g., site coverage limitations, setbacks, on-site open space requirements, reduced parcel sizes, and/or parking requirements) (also see Section 18.66.050 (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 Section 18901 et seq., that would otherwise be required, that results in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 5002.5, or for rents for the targeted units to be set as identified in Section 18.66.070(B) (Continued Availability: Dwelling Unit Cost Requirements);
2. 
Approval of mixed-use land uses not otherwise allowed by this Zoning 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 proposed by the applicant or the County that will result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Section 18.66.070(B) (Continued Availability: Dwelling Unit Cost Requirements); and/or
4. 
In its sole and absolute discretion, a direct financial contribution granted by the Board, including writing-down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.
E. 
Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, study, or other discretionary approval.
(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)
A. 
Applicability. This section applies to a development that meets the requirements of Section 18.66.020 (Eligibility for Density Bonus, Incentives, and Concessions), and Section 18.66.070 (Continued Availability, Rents, and Initial Occupants), 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 Section 18.64.040 (Allowed Concessions and Incentives), through either a modification, variance, or PD permit. A request pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 18.66.040 (Allowed Concessions or Incentives).
B. 
Number of Parking Spaces Required.
1. 
Default Parking Ratio. At the request of the applicant, the County shall not require vehicular parking for a project that complies with the requirements of Section 18.66.020 (Eligibility for Density Bonus, Incentives, and Concessions) above, inclusive of handicapped and guest parking, that exceeds the following ratios:
a. 
Zero to one bedroom: One on-site parking space.
b. 
Two to three bedrooms: Two on-site parking spaces.
c. 
Four and more bedrooms: Two and one-half on-site parking spaces.
C. 
Adjustments to Parking Requirements.
1. 
If a development includes the maximum percentage of low-income or very low-income dwelling units provided for in Section 18.66.030(A)(1) and (2) (Allowed Density Bonuses) above, and is located within one-half mile of a major transit stop, as defined in subdivision (b) of Public Resource Code Section 21155, and there is unobstructed access to the major transit stop from the development, then, upon the request of the applicant, the County shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds one-half space per bedroom.
2. 
If a development consists solely of rental units, excluding a manager's unit or units, with an affordable housing cost to lower-income families, as provided in Health and Safety Code Section 50052.5, then, upon the request of the applicant, the County shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following ratios:
a. 
If the development is located within one-half mile of a major transit stop, as defined in Public Resources Code Section 21155(b), and there is unobstructed access to the major transit stop from the development, the ratio shall not exceed one-half space per dwelling unit.
b. 
If the development is a for-rent housing development for individuals who are 62 years of age or older that complies with Civil Code Sections 51.2 and 51.3, the ratio shall not exceed 0.5 spaces per dwelling unit. The development 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.
c. 
If the development is a special needs housing development, as defined in Health and Safety Code Section 51312, the ratio shall not exceed three tenths space per dwelling unit. The development 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.
3. 
This subsection does not preclude the County from reducing or eliminating a parking requirement for development projects of any type in any location.
D. 
Parking Study. Notwithstanding subsection D, if the County, or an independent consultant, has conducted an area-wide or countywide parking study in the last seven years, then the County may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph (C)(1), based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low-income individuals, including seniors and special needs individuals. The County shall pay the costs of any new study. The County shall make findings, based on a parking study completed in conformity with this subsection, supporting the need for the higher parking ratio.
E. 
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.
F. 
Rounding. 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.
(Ord. 1976 § 2, 2019)
A. 
Housing Developments. When an applicant proposes to construct a housing development that complies with the resident and project size requirements of Section 18.66.020 (Eligibility for Bonus, Incentives, or Concessions) above, and includes as part of that development a child day care center that will be located on the site of, as part of, or adjacent to the housing development, the County shall grant either an additional density bonus or an additional incentive or concession.
1. 
Additional Bonus and Incentives. The County shall grant a housing development that includes a child day care center in compliance with this section, either of the following:
a. 
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
b. 
An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child care facility.
2. 
Requirements to Qualify for an Additional Bonus or Incentive.
a. 
The County shall require, as a condition of approving the housing development, that:
(1) 
The child day care center 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 Section 18.66.070 (Continued Availability) below; and
(2) 
Of the children who attend the child day care center, 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 Section 18.66.020(A) (Eligibility for Bonus, Incentives, or Concessions: Resident requirements), above.
b. 
The County shall not be required to provide a density bonus or concession for a child day care center in compliance with this section if it finds, based upon substantial evidence, that the community has adequate child care facilities.
B. 
Child Care in Commercial and Industrial Developments. An applicant for a commercial or industrial development project, containing at least 50,000 square feet of floor area, may be granted a density bonus when that applicant agrees to set aside at least 2,000 square feet of interior floor area and 3,000 outdoor square footage to be used for a child day care center, in compliance with Government Code Section 65917.5 (Commercial Density Bonus).
1. 
Allowable Density Bonuses. The allowable density bonus may be one of the following:
a. 
A maximum of five square feet of floor area for each one square foot of floor area contained in the child day care center located in an existing child day care center; or
b. 
A maximum of 10 square feet of floor area for each one square foot of floor area contained in the child day care center located in a new child day care center.
2. 
Requirements. Requirements to qualify for the additional density bonus shall include all of the following:
a. 
For purposes of calculating the allowable density bonus under this subsection, both the total area contained within the exterior walls of the child day care center and all outdoor areas devoted to the use of the facility in compliance with applicable State child care licensing requirements shall be considered.
b. 
The child day care center shall be of a sufficient size to comply with all applicable State licensing requirements to accommodate at least 40 children.
c. 
This center may be located either on the project site or may be located off site as agreed upon by the applicant and the County.
d. 
If the child day care center is not located on the site of the development project, the County shall determine whether the location of the child day care center is appropriate and whether it complies with the purpose and intent of this section.
e. 
The granting of a density bonus shall not preclude the County from imposing necessary conditions on the development project or on the additional square footage in compliance with Government Code Section 65917.5 (Commercial Density Bonus).
(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)
The applicant shall agree to, and the County shall ensure, the continued affordability of the units that qualified the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable dwelling units in compliance with the following requirements, as required by Government Code Section 65915(c). See also Section 18.66.110 (Control of Resale).
A. 
Duration of Affordability. The applicant shall agree to, and the County shall ensure, the continued availability of the dwelling units that qualified the housing development for a density bonus and other incentives and concessions, as follows:
1. 
Low-and Very Low-Income Dwelling Units. The continued affordability of all low-and very low-income-qualifying dwelling units shall be maintained for 55 years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or by County policy or ordinance.
2. 
Dwelling Units for Transitional Foster Youth, Disabled Veterans, or Homeless Persons. Dwelling units for transitional foster youth, disabled veterans, or homeless persons 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.
3. 
Moderate-Income Dwelling Units in a Common Interest Development. The continued availability of moderate-income dwelling units in a common interest development shall be maintained for a minimum of 10 years, or a longer time if required by County policy or ordinance.
4. 
Lower Income Students in a Student Housing Development. The continued affordability of dwelling units for lower income students in a student housing development shall be subject to a recorded affordability restriction of 55 years.
B. 
Dwelling Unit Cost Requirements. The rents and owner-occupied costs charged for the dwelling 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 Dwelling Units. Rents for the lower-income density bonus dwelling units shall be set at an affordable rent as defined in Health and Safety Code Section 50053; and
2. 
Owner-Occupied Dwelling Units. Owner-occupied dwelling units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.
C. 
Occupancy and Resale of Moderate Income For-Sale Dwelling Units. An applicant shall agree to, and the County shall ensure that, the initial occupant of all for-sale dwelling 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 dwelling units offered at an affordable housing cost, as that cost is defined in Health and Public Safety Code Section 50052.5. The County shall enforce an equity sharing agreement, unless it conflicts 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 dwelling 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 Section 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. 1976 § 2, 2019; Ord. 1990 § 1, 2020)
A. 
Location/Dispersal of Dwelling Units. As required by the Board in compliance with Section 18.66.090 (Processing of Bonus Requests), below, designated dwelling units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the non-designated dwelling units in the project, and shall be compatible with the design or use of remaining dwelling units in terms of appearance, materials, and finish quality.
B. 
Phasing. If a project is to be phased, the density bonus dwelling units shall be phased in the same proportion as the non-density bonus dwelling units or phased in another sequence acceptable to the County.
(Ord. 1976 § 2, 2019)
A. 
Application. An application for a density bonus or donation of land for housing shall be filed and processed in compliance with this chapter. If desired, a request for specific incentives or concessions, listed in Section 18.66.040 (Allowed Incentives or Concessions), may be filed in compliance with Government Code Section 65915.
B. 
Determination. Within 30 days of filing the application, the Director shall notify the applicant in writing whether the application is complete and provide the applicant a determination as to:
1. 
The amount of the density bonus for which the project is eligible;
2. 
The parking ratio for which the project is eligible, if requested; and
3. 
Whether the applicant has provided enough information for the County to make a determination as to the requested incentives or concessions, if incentives or concessions are requested.
a. 
Any determination required by this subparagraph shall be based on the development project at the time the application is deemed complete. However, the County shall adjust the amount of density bonus awarded pursuant to this subsection based on any changes to the project during the course of development.
(Ord. 1976 § 2, 2019)
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 dwelling 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 dwelling units;
d. 
The location, size (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 Section 18.66.070 (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-in-interest 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 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 successors-in-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:
(1) 
Restricts the sale of the unit in compliance with this chapter, or other applicable County policy or ordinance, during the applicable use restriction period;
(2) 
Contains provisions as the County may require ensuring continued compliance with this chapter and State law; and
(3) 
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 Section 18.66.070 (Continued Availability), above.
C. 
Execution of Agreement.
1. 
Following the Board's 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 of the agreement shall take place at the same time as the approval of any required final map or, where a map is not being processed, before the issuance of Building Permits for the project. Recordation of the agreement shall take place as soon as possible after the approval of any required final map or, where a map is not being processed, before the issuance of Building Permits for the project.
3. 
The agreement shall be binding on all future owners, developers, and/or successors-in-interest.
(Ord. 1976 § 2, 2019)
To maintain the availability of for-sale affordable dwelling 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 dwelling unit shall be limited to the purchase price plus an increase based on the local 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 dwelling 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. 
Dwelling 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 dwelling 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 dwelling 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.
E. 
Equity Sharing Agreement. The County shall enforce an equity sharing agreement to recapture any initial subsidy and its proportionate share of appreciation.
1. 
For purposes of this chapter, the County's initial subsidy shall be equal to the fair market value of the dwelling unit 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.
2. 
For the purposes of this chapter, the County's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the dwelling unit at the fair market value of the dwelling unit at the time of the initial sale. If upon resale the market value is lower than the initial market value, then the value at the time of resale shall be used as the initial market value.
(Ord. 1976 § 2, 2019)
A. 
Judicial Relief. As provided by Government Code Section 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 Section 65915(e), the County shall not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of Section 18.66.020(A) (Eligibility for Bonus, Incentives, or Concessions: 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 dwelling units economically feasible.
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 Section 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. 1976 § 2, 2019)
The County shall use any recaptured subsidies and/or share of appreciation from the resale of moderate income for-sale dwelling units within five years for any of the purposes, listed in Health and Safety Code Section 33334.2(e), that promotes home ownership.
(Ord. 1976 § 2, 2019)