(A) Purpose. An infill incentive permit allows deviations from development standards for projects that provide community benefits and/or public amenities. Infill incentive permits are discretionary actions intended to encourage high-quality infill development and/or the adaptive reuse of properties suitable for redevelopment.
(B) Where allowed. An infill incentive permit is available for projects in the residential, mixed-use and industrial zoning districts.
(C) Types of infill incentive permits. The Zoning Code establishes two types of infill incentive permits: minor infill incentive permits and major infill incentive permits.
(D) Review authority.
(1) Minor infill incentive permits. The Director reviews and takes action on minor infill incentive permit applications. The Director may refer any application to the Planning Commission for public hearing and decision.
(2) Major infill incentive permits. The Planning Commission reviews and takes action on major infill incentive permit applications.
(E) Required benefits. The review authority may approve an infill incentive permit for projects that provide at least two of the following community benefits:
(1) Architectural features. The project incorporates four of the architectural features described in § 155.312.050 (Architectural Features);
(2) Vertical mixed-use. The project creates two or more new upper-story residential units as a part of a vertical mixed-use development within 900 feet of a public transit bus stop where the average interval of time between buses is 90 minutes or less (90-minute headways) during weekday daytime hours. Mixed-use development must be permitted in the applicable zoning district to qualify as a benefit;
(3) Historic preservation. The project renovates a designated historic resource in compliance with Ch. 157 (Historic Preservation);
(4) Environmental remediation. The project remediates contaminated soil or water;
(5) Green building. The project will be a LEED-certified green building;
(6) Blight/nuisance abatement. The project eliminates blight, a public nuisance or a public health or safety hazard;
(7) Child care. The project includes an on-site childcare facility;
(8) Supportive housing. The project provides supportive housing as defined in Cal. Gov’t Code § 65582;
(9) Electric vehicle charging stations. The project provides an electrical vehicle charging station for 50% of the parking spaces required to serve a residential unit and/or for at least 25% of the parking spaces required for a non-residential use;
(10) Materials and building elements. The project incorporates exterior materials or building elements of a higher quality than conventional construction. Examples include:
(a) Siding. All exterior walls are sided with wood shake, ornamental metal, tile, brick, stone or stained wood;
(b) Doors and windows. All doors and windows are solid wood and/or feature shutters, stained glass or true divided muntins;
(c) Roofing materials. All roof surfaces feature wood shingle or shake, standing seam metal, clay or concrete tile, slate shingles or a green/living roof; and
(d) Fixtures. High grade fixtures on all building walls visible from a public street or sidewalk that add significantly to the architectural character of the building such as light fixtures, door hinges and handles, decorative hanging sign or awning brackets.
(11) Community amenities. The project creates or preserves a cultural, recreational, employment, or other amenity that adds significantly to the quality of life of the neighborhood or the community. The community amenity must be an allowed use in the applicable zoning district to qualify as a benefit.
(F) Incentives.
(1) Available incentives. An infill incentive permit may allow deviations to development standards as shown in Table 412-2.
Standards | Allowed Deviation | |
Minor Infill Incentive Permit | Major Infill Incentive Permit | |
Standards | Allowed Deviation | |
Minor Infill Incentive Permit | Major Infill Incentive Permit | |
Increase Maximum Building Height | ||
Residential zoning districts | 15% | 25% |
Mixed-use and industrial zoning districts | 20% | 35% |
Increase Maximum Floor Area Ratio | ||
Residential zoning districts | 15% | 25% |
Mixed-use and industrial zoning districts | 20% | 35% |
Increase Maximum Residential Density [1] | ||
R1 Zoning District [2] | N/A | 1 additional unit |
R2 Zoning District [3] | 1 additional unit | 33% increase |
R3 Zoning Districts [3] | 2 additional units | 33% increase |
Hinge Zoning District | 1 additional unit | 33% increase |
Reduce Minimum Lot Line Setbacks | ||
Residential zoning districts | 25% | 50% |
Increase Maximum Site Coverage | ||
Residential zoning districts | 15% | 25% |
Reduce Minimum On-Site Parking Spaces | ||
R1, R2 and R3 Zoning Districts | 20% | 50% |
Mixed-Use and Industrial Zoning Districts | 20% | 50% |
NOTES TO TABLE: [2] Minimum lot area of 5,000 square feet required for increased density. [3] Minimum lot area of 6,000 square feet required for increased density. | ||
(2) Number of incentives. The maximum number of standards which may be modified through an infill incentive permit is as follows:
(a) Minor infill incentive permits: one deviation to development standards as shown in Table 412-1; and
(G) Increased density requirements. To be eligible for increased residential density as provided in Table 412-2, a project must meet the following criteria:
(1) Adjacency to high volume streets. The project is on a lot within 250 feet from a street designated as a major arterial, minor arterial or a major collector in the General Plan Figure M-1 Circulation Diagram;
(2) Factors supporting higher density. The lot containing the project satisfies one or more of the following requirements:
(a) Any portion of the lot is within 900 feet of a community park as defined in the General Plan;
(b) Any portion of the lot is within 600 feet of a bus stop;
(c) Any portion of the lot is within 600 feet of a school;
(d) Any portion of the lot is within 900 feet of a mixed-use zoning district or a residential zoning district with a higher allowed density;
(e) The lot has been unimproved (containing no buildings) for ten years or longer; and/or
(f) The Neighborhood Market (NMO) Overlay Zone applies to the lot.
(3) Reduced unit size and affordability. The project satisfies one or more of the following requirements:
(a) All of the additional units allowed through the increased density are 500 square feet or less;
(b) For market-rate projects where the majority of units are not income-restricted, a minimum of one unit or 10% of units (whichever is more) are deed restricted to households earning 50% or less of the Humboldt County median income; and/or
(c) For affordable housing projects where all units are income-restricted, a minimum of one unit or 60% of units (whichever is more) are deed restricted to households earning 50% or less of the Humboldt County median income.
(H) Application submittal and review. Infill incentive permit applications must be submitted and reviewed in compliance with § 155.408 (Permit Procedures).
(I) Public notice and hearing.
(1) Minor infill incentive permits. Public notice of the Director's pending action on a minor infill incentive permit application will be provided in compliance with § 155.408.090 (Notice of Pending Action). The Planning Commission will hold a public hearing only after receiving a written request for a public hearing.
(2) Major infill incentive permits. The Planning Commission must review and act on a major infill incentive permit application at a noticed public hearing in compliance with § 155.408.100 (Public Hearings).
(J) Findings for approval. To approve an infill incentive permit, the review authority must make all of the following findings:
(1) The proposed project substantially advances General Plan objectives to prioritize development of vacant and underutilized infill properties and/or revitalize existing properties;
(2) The community benefits provided by the project are of a sufficient value to justify the deviations to development standards allowed by the permit;
(3) The adjustment will not deprive neighboring property owners of the reasonable economic use and enjoyment of their property; and
(4) The adjustment will not be materially detrimental to the public health, safety or welfare.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)