(A) When an applicant for a tentative subdivision map, parcel map or other residential development donates land to the city, the applicant shall be entitled to a density bonus above the maximum allowable residential density, up to a maximum of thirty five percent (35%) depending on the amount of land donated. This increase shall be in addition to any increase in density permitted by this chapter up to a maximum combined density increase of thirty five percent (35%). A density bonus for donation of land shall only be considered if all of the following conditions are met:
1. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
2. 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 ten percent (10%) of the residential units in the proposed housing development seeking the density bonus.
3. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is, or will be, served by adequate public facilities and infrastructure. The transferred land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision 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 units on the transferred land, including site plan review (section 10-4-9 of this title).
4. The transferred land and the units constructed on said land shall be subject to a deed restriction ensuring continued affordability of the units for a period of at least thirty (30) years and subject to restrictions consistent with California Government Code section 65915 (c)(1) and (2).
5. The land is transferred to the city or to a housing developer approved by the city.
6. The transferred land shall be within the boundary of the proposed development or, if the city determines appropriate, within one-fourth (1/4) mile of the boundary of the proposed development.
7. A proposed source of funding for the very low income units shall be identified prior to the approval of the final subdivision map, parcel map, or residential housing development application. (Ord. 1653, 3-12-2013)
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