Chapter 17.12
RESIDENTIAL DENSITY BONUSES AND AFFORDABILITY INCENTIVES
Sections:
17.12.020 Eligibility for regulatory incentives.
17.12.025 Eligibility for regulatory incentives—Sites occupied by rental housing in past five years.
17.12.030 Affordability restrictions.
17.12.040 Request for incentive or concession.
17.12.050 Request for waiver or reduction of standard.
17.12.065 Enhanced density bonus.
17.12.080 Child care facilities.
17.12.100 Condominium conversions.
17.12.105 Commercial development contributing affordable housing.
17.12.110 Application procedures.
17.12.130 Housing development—Defined.
17.12.140 Development standard—Defined.
17.12.150 Maximum allowable residential density—Defined.
17.12.160 Coastal Act applicability.
17.12.010 Purpose.
The purpose of this chapter is to provide incentives for the production of affordable housing and to comply with the provisions of Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the California Government Code, which mandates the adoption of a County ordinance specifying how the County will comply with that chapter. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.020 Eligibility for regulatory incentives.
A housing development shall be granted a density bonus and, if requested by the applicant and consistent with the applicable requirements of this chapter, the regulatory concessions and incentives, waivers or reductions of development standards and parking ratios as described in this chapter when the applicant for the housing development seeks and agrees to construct at least any one of the following, and the housing development provides at least the number of very low and lower income units required by SCCC 17.12.025, if applicable. The County may require reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios. Inclusionary units provided as required by Chapter 17.10 SCCC are eligible for a density bonus and the regulatory incentives described in this chapter if the housing development also meets all requirements for affordable units contained in this chapter.
(A) Ten percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code;
(B) Five percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code;
(C) A senior citizen housing development as defined in Section 51.3 of the Civil Code, or mobile home park that limits residency based on age requirements for housing older persons pursuant to Section 798.76 or 799.5 of the Civil Code; or
(D) Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of the Civil Code, for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code; provided, that all units in the development are offered to the public for purchase.
(E) Ten percent of the total units of 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 units described in this subparagraph 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. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.025 Eligibility for regulatory incentives—Sites occupied by rental housing in past five years.
(A) This section applies to housing developments for which an application for a density bonus or other incentives provided by this chapter is made after January 1, 2015, for property on which any of the following rental units are now located, or on which any of the following rental units were located at any time in the five-year period preceding the date of submittal of the application:
(1) Rental units subject to a recorded covenant, ordinance, or law restricting rents to levels affordable to very low and lower income households;
(2) Rental units subject to any form of public rent control; or
(3) Rental dwelling units occupied by very low or lower income households.
(B) A housing development subject to this section will not be eligible for a density bonuses or any other regulatory incentive provided by this chapter, including an enhanced density bonus, if applicable, unless:
(1) Each unit in the proposed housing development, exclusive of a manager’s unit or units, is proposed to be affordable to and occupied by very low or lower income households; or
(2) The proposed housing development contains either: (a) the percentage of affordable units specified in SCCC 17.12.020; or (b) the replacement affordable units specified in subsection (C) of this section, whichever is greater. All housing developments subject to this section must provide replacement units as specified in subsection (C) of this section.
(C) The units described in subsection (A) of this section must be replaced as described in this subsection (C) for the housing development to be eligible for a density bonus or any other regulatory incentive provided by this chapter:
(1) The housing development must replace all units that are occupied on the date of application by households with lower or very low incomes with units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, households in the same or lower income category as those occupying the units. If the rental units are subject to or were formerly subject to any form of public rent control in the past five years, the housing development must also replace all units that are occupied on the date of application by households with moderate incomes with units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, households in a moderate or lower income category. Vacant units in a development with occupied units must be replaced with affordable units in the same proportion as the occupied units. If the income level of the household in occupancy is not known, the County shall make the rebuttable presumption that lower income households occupied the units in the same proportion as lower income households comprised the total County households, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.
(2) If all the rental units described in subsection (A) of this section have been vacated or demolished in the five-year period preceding the application, the housing development must replace all units described in subsection (A) of this section that existed on the site when it contained the maximum number of units over the five-year period (the “highpoint”) as follows:
(a) If the incomes of households occupying units at the highpoint are known, any units occupied on the date of the highpoint by households with lower or very low incomes must be replaced with units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, households in the same or lower income category as those occupying the units at the highpoint. If the rental units were formerly subject to any form of public rent control in the past five years, the housing development must also replace all units that are occupied on the date of application by households with moderate incomes with units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, households in a moderate or lower income category. Units that were vacant at the highpoint must be replaced with affordable units in the same proportion as the occupied units.
(b) If the incomes of households occupying units at the highpoint are not known, the County shall make the rebuttable presumption that lower income households occupied the units in the same proportion as lower income households comprised the total County households, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. One-half of the required replacement units shall be made available at affordable rent or affordable housing cost to, and occupied by, lower income households, and one-half of the required replacement units shall be made available at affordable rent or affordable housing cost to, and occupied by, very low income households.
(3) The County shall assume that all units subject to a recorded covenant, ordinance, or law restricting rents to levels affordable to very low and lower income households are or were formerly occupied by households at the income levels required by the covenant, ordinance, or law.
(4) All units required by this subsection (C) shall be subject to a recorded affordability restriction with a term of at least 55 years if rental units. For-sale units shall be offered at an affordable housing cost and shall be subject to an equity sharing agreement consistent with Government Code Section 65915(c)(2) unless in conflict with the requirements of another public funding source or law, and except that inclusionary units provided pursuant to Chapter 17.10 SCCC shall be permanently restricted in accordance with SCCC 17.10.050. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015].
17.12.030 Affordability restrictions.
(A) An applicant shall agree to, and the County shall ensure, continued affordability of all low and very low income units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code.
(B) 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 the County shall enforce an equity sharing agreement pursuant to Government Code Section 65915(c)(2) unless in conflict with the requirements of another public funding source or law, and except that inclusionary units as required by Chapter 17.10 SCCC shall be permanently restricted in accordance with SCCC 17.10.050. Owner-occupied units shall be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.040 Request for incentive or concession.
(A) An applicant for a density bonus may submit a proposal for specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the County.
(B) The applicant may request the following number of incentives or concessions:
(1) One incentive or concession for projects that include at least 10 percent of the total 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 for projects that include at least 20 percent of the total 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 for projects that include at least 30 percent of the total 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.
(C) “Concession” or “incentive,” as used in this chapter, means any of the following:
(1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California 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 that results in identifiable and actual cost reductions, 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 Government Code Section 65915(c).
(2) 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 the existing or planned development in the area where the proposed housing project will be located.
(3) Priority processing as provided in SCCC 17.10.040.
(4) Other regulatory incentives or concessions proposed by the developer or the County that result in identifiable and actual cost reductions, 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 Government Code Section 65915(c).
(D) The granting of a concession or incentive shall not require, or be interpreted, in and of itself, to require a General Plan amendment, Local Coastal Plan amendment, zoning change, study or other discretionary approval. For purposes of this subdivision, “study” does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition set forth in SCCC 17.12.040(C).
(E) This section 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. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.050 Request for waiver or reduction of standard.
(A) In no case may the county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of SCCC 17.12.020 and 17.12.025 at the densities or with the concessions or incentives permitted by this chapter. An applicant may seek a waiver of any development standard that will have the effect of physically precluding the construction of a housing development meeting the criteria of SCCC 17.12.020 and 17.12.025 with the density bonus or with the concessions or incentives permitted by this chapter. An applicant may request a meeting with the County.
(B) Nothing in this subdivision shall be interpreted to require the county to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined by 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. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to State or Federal law.
(C) A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to SCCC 17.12.040. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.060 Density bonuses.
(A) For the purposes of this chapter, “density bonus” means a density increase over the otherwise maximum allowable residential density as of the date of application by the applicant to the County. The applicant may elect to accept a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in SCCC 17.12.020.
(1) For housing developments meeting the criteria of SCCC 17.12.020(A), the density bonus shall be calculated as follows:
|
Percentage Low Income Units |
Percentage Density Bonus |
|---|---|
|
10 |
20 |
|
11 |
21.5 |
|
12 |
23 |
|
13 |
24.5 |
|
14 |
26 |
|
15 |
27.5 |
|
16 |
29 |
|
17 |
30.5 |
|
18 |
32 |
|
19 |
33.5 |
|
20 |
35 |
(2) For housing developments meeting the criteria of SCCC 17.12.020(B), the density bonus shall be calculated as follows:
|
Percentage Very Low Income Units |
Percentage Density Bonus |
|---|---|
|
5 |
20 |
|
6 |
22.5 |
|
7 |
25 |
|
8 |
27.5 |
|
9 |
30 |
|
10 |
32.5 |
|
11 |
35 |
(3) For housing developments meeting the criteria of SCCC 17.12.020(C), the density bonus shall be 20 percent of the number of senior housing units.
(4) For housing developments meeting the criteria of SCCC 17.12.020(D), the density bonus shall be calculated as follows:
|
Percentage Moderate Income Units |
Percentage 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) For housing developments meeting the criteria of SCCC 17.12.020(E), the density bonus shall be 20 percent of the number of the type of units giving rise to a density bonus under that subsection.
(B) Calculations of density bonuses are subject to the following provisions:
(1) Each housing development is entitled to only one density bonus. Where a housing development qualifies for a density bonus under more than one category as described in subsection (A) of this section, the category under which the density bonus is granted shall be elected by the applicant, and density bonuses from more than one category may not be combined.
(2) All calculations of density bonus units resulting in fractional units shall be rounded up to the next whole number. All calculations of affordable units required to qualify for the density bonus resulting in fractional units shall be rounded up to the next whole number.
(3) The applicant may request a lesser density increase than the housing development is entitled to, including but not limited to no increase, but no reduction will be permitted in the percentages of required affordable units as described in SCCC 17.12.020 and 17.12.025.
(4) The granting of a density bonus or an enhanced density bonus shall not require, or be interpreted, in and of itself, to require a General Plan amendment, Local Coastal Plan amendment, zoning change, or other discretionary approval. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.065 Enhanced density bonus.
(A) For the purposes of this chapter, “enhanced density bonus” means an additional density increase provided by the County in excess of the regular 35 percent bonus provided by State law, for those developments meeting the criteria for an enhanced density bonus as set forth in this section. Any enhanced density bonus granted pursuant to this section shall be subject to a maximum resulting project density of 30 dwelling units per acre, after application of the enhanced bonus, notwithstanding the result of any enhanced density bonus calculations provided herein. Applicants for an enhanced density bonus must satisfy all requirements for a density bonus set forth in this chapter, including but not limited to replacement housing requirements, if applicable, as specified in SCCC 17.10.025. A project meeting the requirements for an enhanced density bonus shall also be eligible for incentives and concessions, reduced parking requirements, and/or waivers of development standards to the same extent as it would be in conjunction with a density bonus pursuant to SCCC 17.12.060. Any density increase provided to a project pursuant to this section shall serve in lieu of, and not in addition to, the density increase provided pursuant to SCCC 17.12.060.
(1) For housing developments meeting the criteria of SCCC 17.12.020(A) and that provide at least 21 percent low income units, the enhanced density bonus shall be calculated as shown below, up to a maximum density bonus of 50 percent:
|
Percentage Low Income Units |
Percentage Enhanced Density Bonus |
|---|---|
|
21 |
36.5 |
|
22 |
38 |
|
23 |
39.5 |
|
24 |
41 |
|
25 |
42.5 |
|
26 |
44 |
|
27 |
45.5 |
|
28 |
47 |
|
29 |
48.5 |
|
30 |
50 |
(2) For housing developments meeting the criteria of SCCC 17.12.020(B) and that provide at least 12 percent very low income units, the enhanced density bonus shall be calculated as shown below, up to a maximum density bonus of 50 percent:
|
Percentage Low Income Units |
Percentage Enhanced Density Bonus |
|---|---|
|
12 |
37.5 |
|
13 |
40 |
|
14 |
42.5 |
|
15 |
45 |
|
16 |
47.5 |
|
17 |
50 |
(3) For housing developments meeting the criteria of SCCC 17.12.020(D) that provide at least 15 percent moderate income units, including any on-site inclusionary units provided in compliance with SCCC 17.10.030(B), the enhanced density bonus shall be calculated as shown below, up to a maximum density bonus of 50 percent:
|
Percentage Moderate Income/Inclusionary Units |
Percentage Enhanced Density Bonus |
|---|---|
|
15 |
40 |
|
16 |
41 |
|
17 |
42 |
|
18 |
43 |
|
19 |
44 |
|
20 |
45 |
|
21 |
46 |
|
22 |
47 |
|
23 |
48 |
|
24 |
49 |
|
25 |
50 |
(4)(a) Affordable housing developments meeting the criteria of SCCC 17.12.020 and that provide 100 percent of the units in a rental project, excluding any manager’s units, as very low or low income rental units, or 100 percent of the units in a for-sale project as low or moderate income for-sale units, shall qualify for an enhanced density bonus of 75 percent.
(b) To be eligible for an enhanced density bonus pursuant to this subsection (A)(4), developments must meet the following criteria:
(i) Project sponsor and/or site owner is a 501(c)(3) nonprofit housing development organization and/or public agency;
(ii) Project will be funded in full or part by public subsidies and/or low-income housing tax credits, or is being developed on land provided by the County or other public agency for affordable housing development;
(iii) All rental units in the project, except any property manager’s units, will be subject to an affordability restriction of at least 55 years;
(iv) Affordable for-sale units shall be subject to an affordable resale restriction for a term of at least 45 years, or longer term as approved by the County and project funders. [Ord. 5286 § 10, 2018].
17.12.070 Land donations.
When an applicant for a housing development donates land to the County as provided for in this section, the applicant shall be entitled to a 15 percent density bonus as follows:
|
Percentage Very Low Income |
Percentage 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 |
This increase shall be in addition to any density bonus allowed by SCCC 17.12.060 up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the density bonus required pursuant to this section and that allowed by SCCC 17.12.060. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this section shall be construed to enlarge or diminish the authority of the County to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this section if all of the following conditions are met:
(A) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or housing 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 an amount not less than 10 percent of the number of residential units of the proposed development.
(C) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned with appropriate development standards for development at 20 units per acre, and is or will be served by adequate public facilities and infrastructure.
(D) 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, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the County may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 of the Government Code if the design is not reviewed prior to the time of transfer.
(E) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with SCCC 17.12.030, which shall be recorded on the property at the time of the transfer.
(F) The land is transferred to the local agency or to a housing developer approved by the County. The County shall require the applicant to identify and transfer the land to the developer.
(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.
(H) 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 housing development application. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.080 Child care facilities.
(A) When an applicant proposes to construct a housing development that conforms to the requirements of SCCC 17.12.020 and 17.12.025 and includes a child care facility that will be located on the premises of, as part of, or adjacent to the project, the County shall grant either of the following:
(1) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.
(2) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
(B) The County shall require, as a condition of approving the housing development, that the following occur:
(1) The child care 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 pursuant to SCCC 17.12.030.
(2) Of the children who attend the child care facility, 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 the housing development.
(C) Notwithstanding any requirement of this section, the County shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.
(D) “Child care facility,” as used in this chapter, means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.090 Parking.
(A) Upon the request of the developer, the County shall not require a vehicular parking ratio, inclusive of disabled and guest parking, of a development meeting the criteria of SCCC 17.12.020 and 17.12.025 that exceeds the following ratios, or such lower ratio as established by Government Code Section 65915(p)(2), as applicable:
(1) Zero to one bedrooms: one on-site parking space;
(2) Two to three bedrooms: two on-site parking spaces;
(3) Four and more bedrooms: two and one-half parking spaces.
(B) 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. For purposes of this section, a development may provide “on-site parking” through tandem parking or uncovered parking, but not through on-street parking.
(C) This section shall apply to a development that meets the requirements of SCCC 17.12.020 and 17.12.025 but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.100 Condominium conversions.
Condominium conversions may be eligible for a density bonus or incentive under the requirements set forth in Government Code Section 65915.5. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.105 Commercial development contributing affordable housing.
A commercial development contributing affordable housing may be eligible for a development bonus under the requirements set forth in Government Code Section 65915.7. [Ord. 5286 § 10, 2018].
17.12.110 Application procedures.
(A) All requests for density bonuses and all other regulatory incentives permitted by this chapter shall be submitted concurrently with the application for the first discretionary permit or other permit required for the housing development and shall be processed concurrently with such application.
(B) An applicant’s request for any density bonuses, incentives, parking reductions, and/or waivers permitted by this chapter shall include the following information:
(1) A site plan depicting the number and location of all proposed market rate units, affordable units, and density bonus units, if any.
(2) A calculation of the maximum number of dwelling units permitted by the County’s zoning ordinance and general plan for the housing development, excluding any density bonus units.
(3) The income level of the proposed affordable units.
(4) A description of any requested incentives, waivers of development standards, or parking reductions and evidence that any requested incentive or concession results in identifiable and actual cost reductions to the housing development and is necessary to provide affordable rents or affordable sales prices.
(5) A description of all rental units existing on the site in the five-year period preceding the date of submittal of the application; income of all residents of currently occupied units; if no units are currently occupied, income of residents occupying units when it contained the maximum number of units in the five-year period preceding the date of submittal of the application; and any recorded covenant, ordinance, or law restricting rents to levels affordable to very low and lower income households applicable to the property in the five-year period preceding the date of submittal of the application.
(6) For any requested waiver of a development standard, evidence that the development standard for which the waiver is requested will have the effect of physically precluding the construction of the housing development with the density bonus, incentives, and concessions requested.
(7) If a mixed-use building or project is proposed as an incentive, evidence that nonresidential land uses will reduce the cost of the housing development and that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area.
(8) If a density bonus is requested for a land donation, the applicant shall show the location of the land to be dedicated, provide proof of site control, and provide evidence that each of the requirements included in SCCC 17.12.070 can be met.
(9) If a density bonus or incentive is requested for a child care facility, evidence that all of the requirements included in SCCC 17.12.080 can be met.
(10) If a density bonus or incentive is requested for a condominium conversion, evidence that all of the requirements included in Government Code Section 65915.5 can be met. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.120 Review procedures.
All requests for density bonuses, incentives, parking reductions, and/or waivers permitted by this chapter shall be considered and acted upon by the approval body with authority to approve the housing development, with right of appeal to the Board of Supervisors, if applicable.
(A) Before approving an application that includes a request for a density bonus, incentive, parking reduction and/or waiver, the decision-making body shall make the following findings, as applicable:
(1) The housing development is eligible for the density bonus and any incentives, concessions, parking reductions or waivers requested.
(2) Any requested incentive or concession will result in identifiable and actual cost reductions.
(3) If the density bonus is based all or in part on donation of land, a finding that all the requirements included in SCCC 17.12.070 have been met.
(4) If the density bonus or incentive is based all or in part on the inclusion of a child care facility, a finding that all the requirements included in SCCC 17.12.080 have been met.
(5) If the density bonus or incentive is based all or in part on the inclusion of affordable units as part of a condominium conversion, a finding that all the requirements included in Government Code Section 65915.5 have been met.
(6) If an incentive includes mixed-use development, a finding that nonresidential land uses will reduce the cost of the housing development and that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area.
(7) If a waiver is requested, a finding that the development standards for which the waiver is requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives and concessions permitted.
(B) If the findings required by subsection (A) of this section can be made, the decision-making body may deny an application for an incentive, concession, or waiver requested only if it makes one of the following written findings, supported by substantial evidence:
(1) That the incentive, concession, or waiver would have a specific, adverse impact upon public health or safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, “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 that the application for the housing development was deemed complete; or
(2) That the incentive, concession, or waiver would have an adverse impact on real property listed in the California Register of Historic Resources; or
(3) That the incentive, concession, or waiver is contrary to State or Federal law; or
(4) That the incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50025.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c); or
(5) That the development standards for which the waiver is requested would not have the effect of physically precluding the construction of the housing development with the density bonus and incentives and concessions permitted.
(C) If the findings required by subsection (A) of this section can be made, the decision-making body may deny an application for a density bonus or incentive that is based on the provision of child care only if it makes a written finding, based on substantial evidence, that the County already has adequate child care facilities.
(D) If any density bonus, incentive, parking reduction, or waiver is approved pursuant to this chapter for a housing development, the applicant shall enter into an affordable housing agreement with the County in a form acceptable to the Planning Director and County Counsel. The affordable housing agreement shall be a legally binding agreement between the applicant and the County to ensure that the requirements of this chapter are satisfied and may be combined with the participation agreement required by Chapter 17.10 SCCC. The executed affordable housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement shall be binding on all future owners and successors in interest.
(E) Unless otherwise provided by the affordable housing agreement, all required affordable units shall be constructed prior to or concurrently with the construction of market rate units. No final inspection for any new market rate unit in a housing development shall be issued until final inspections have been issued for the required affordable units. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.130 Housing development—Defined.
“Housing development,” as used in this chapter, means a development project for five or more residential units, including mixed-use developments. For the purposes of this chapter, “housing development” also includes a subdivision or common interest development as defined in Section 4100 of the Civil Code, approved by the County and consists of residential units or unimproved residential lots and either 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 subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but 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 areas where the units for the lower income households are located. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.140 Development standard—Defined.
“Development standard,” as used in this chapter, includes site or construction conditions including, but not limited to, a height or story limitation, a setback requirement, a floor area ratio, an on-site open space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, General Plan element, Local Coastal Program, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. If located within the Coastal Zone, the project’s development standards must ensure no impact on coastal resources, including but not limited to sensitive habitat, agriculture, public viewshed, public recreational access and open space protections. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.150 Maximum allowable residential density—Defined.
“Maximum allowable residential density,” as used in this chapter, means the density allowed under the zoning ordinance and Land Use Element of the General Plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the General Plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the Land Use Element of the General Plan, the General Plan density shall prevail. [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.160 Coastal Act applicability.
Nothing in this chapter shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code). [Ord. 5286 § 10, 2018; Ord. 5200 § 2, 2015; Ord. 5062 § 1, 2009; Ord. 4816 § 1, 2006].
17.12.170 County retained discretion.
Repealed by Ord. 5286. [Ord. 5200 § 2, 2015].