§ 22.12.040. Density Bonus Determinations.

A.

Determining base density. Base density is the maximum number of dwellings, or in the case of a residential land division, the maximum number of residential parcels that may be allowable on a given site under this code, not including any density bonuses as provided under this Title or state statute. Establishing the base density is necessary for purposes of determining whether a housing development is eligible for the density bonus, how many affordable dwellings must be provided in exchange for the density bonus, and the total number of dwellings that may be allowable including the density bonus. However, base density as determined under this Section does not affect the provisions of this code for review of proposed developments or land divisions which are not proposed to include the density bonus provided under this Section, and such developments or land divisions may not necessarily be approved by the County at a density equal to this base density. Base density is determined as follows:

1.

Residential Multi-Family category. The base density for a site in the Residential Multi-Family land use category is the number of multi-family dwellings that are allowable on the site in compliance with Section 22.10.130.B (Residential - Multi-Family Dwellings).

2.

Residential Single-Family category. The base density for a site in the Residential Single-Family land use category is equal to the total usable site area divided by the applicable minimum parcel size in compliance with Subsections 22.22.080.A, B. and C., except that average slope for the entire site may be used for the slope test under Subsection 22.22.080.B instead of the average slope for each proposed parcel.

B.

Eligibility for bonus and allowable density including bonus. A proposed residential project must satisfy the following standards in order to qualify for a density bonus in compliance with this Section:

1.

Project size. Housing developments eligible for density bonus under this Section must include five or more dwelling units, not including the bonus units. Whether a housing development includes five or more dwelling units shall be determined in compliance with Subsection A.

2.

Type of eligible projects. Housing units developed for sale or rental; but not including transient housing, such as time-share and hotel/motel projects.

3.

Eligible buyers and renters. The project shall be administered so that affordable units may be purchased or rented only by families of very low-income as defined in Section 50105 of the California Health and Safety Code; lower-income as defined in Section 50079.5 of the California Health and Safety Code; or senior citizens as defined in Section 51.3 of the California Civil Code, if they also qualify as low or moderate income as defined in Section 50093 of the California Health and Safety Code.

4.

Project location. The site must be within an urban or village area and in either the Residential Single-Family or Residential Multi-Family land use categories.

5.

Amount of affordable housing. In order to be eligible for a density bonus under this Section, the project must satisfy the provisions of Government Code Section 65915 by providing affordable housing in compliance with Section 22.12.070 in an amount equal to or exceeding those listed below. The density bonus units are not included when computing the 10, 20, or 50 percent of the base density.

a.

10 percent of the base density determined in compliance with Subsection A. for families of very low-income; or

b.

20 percent of the base density determined in compliance with Subsection A. for families of lower-income; or

c.

50 percent of the base density determined in compliance with Subsection A. for senior citizens of low or moderate-income.

6.

Continued availability of affordable housing. Affordable housing units provided in compliance with this Section shall be subject to the long-term housing affordability provisions described in Section 22.12.070.

a.

The additional increase in allowable density (above 25 percent) as described in Subsection D.

b.

A reduction in the open area required for cluster divisions by Section 22.22.140.D pursuant to Section 22.12.060.H of this section;

c.

Any financial assistance that the County provides directly or administers on behalf of state or federal funding programs;

d.

A concession or incentive described in Government Code Section 65915(h) that is suitable to the project site and the project.

7.

Site and neighborhood characteristics. The project site and vicinity shall be determined by the Review Authority to be capable of accommodating the allowable density bonus without significant adverse effects on the environmental characteristics of the site or the character and public service facilities of the neighborhood and community.

C.

Density bonus and other incentives. The developer of a project eligible under this Section shall be granted a density bonus as calculated in Subsection D. or other incentives of equivalent financial value based on land cost per dwelling unit as determined by the Review Authority.

D.

Determining allowable density with bonus.

1.

Maximum allowable density. If the affordable housing units are to be provided on the site proposed to receive a density bonus, the maximum allowable density is determined by multiplying the base density determined under Subsection A. by a factor of 1.35. A factor of 1.30 shall be used if the affordable housing units are to be provided on a site separate from that proposed to receive a density bonus.

2.

Minimum parcel size. The minimum parcel size required in the Residential Single-Family land use category by Section 22.22.080, or the maximum floor area permitted in the Residential Multi-Family land use category by Section 22.10.130.B, may be decreased by the same percentage density may be increased under this Section; except that where an applicant has requested only a 25 percent increase in density, and no other incentives or concessions have been granted, the minimum parcel size may be decreased or maximum floor area may be increased by only 25 percent.

3.

Density bonus. Where a proposed project may otherwise qualify for other density bonuses in addition those provided by this Section (e.g. through the cluster division provisions of Section 22.22.140), only one such bonus may be used.

[Amended 2003, Ord. 2994; 2006, Ord. 3108; 2007, Ord. 3122] [22.04.090]