(A) The county shall provide density bonuses, incentives, or concessions for the production of housing units and/or childcare facilities in accordance with Cal. Gov’t Code § 65915 through § 65918. The county may, in its discretion, grant a density bonus greater than required by Cal. Gov’t Code § 65915 for a development that meets the requirements of Cal. Gov’t Code § 65915 or grant a proportionately lower density bonus than what is required by Cal. Gov’t Code § 65915 for developments that do not meet the requirements of Cal. Gov’t Code § 65915.
(1) Twenty percent of the total units of housing development shall be affordable for lower-income households, as defined in Cal. Health and Safety Code § 50079.5;
(2) Ten percent of the total units of a housing development shall be affordable for very low-income households, as defined in Cal. Health and Safety Code § 50105;
(3) Fifty percent of the total dwelling units of a housing development for qualifying residents, such as seniors, as defined in Cal. Civil Code § 51.3; or
(4) Twenty percent of the total dwelling units in a condominium project as defined in Cal. Civil Code § 1351(f), for persons or families of moderate income, as defined in Cal. Health and Safety Code § 50093.
(B) The county shall grant the additional concessions or incentives required by this section unless the county makes a written finding, based upon substantial evidence, that the additional concessions or incentives are not required in order to provide for affordable housing costs, as defined in Cal. Health and Safety Code § 50052.5. Concessions and incentives may be approved without any requirement that the applicant demonstrates to the county that the requested concessions or incentives result in identifiable and actual cost reductions to the project to provide affordable ownership costs or affordable rents.
(C) An applicant/developer may submit to the county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section and may request a meeting with the county. The county shall grant the concession or incentive requested by the applicant developer unless the county makes a written finding, based upon substantial evidence, of either of the following:
(1) The concession or incentive is not required in order to provide for affordable housing costs, as defined in Cal. Health and Safety Code § 50052.5.
(2) The concession or incentive would have a specific adverse impact, as defined in Cal. Gov’t Code § 65589.5(d)(2), upon public health and 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 and moderate-income households.
(D) Nothing in this section shall be interpreted to require the county to grant an incentive or concession that has a specific, adverse impact, as defined in Cal. Gov’t Code § 65589.5(d)(2), upon health, safety, or the physical environmental, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this section shall be interpreted to require the county to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
(E) In no case shall the county apply any development standard that will have the effect of precluding the construction of a development at the densities or with the concessions or incentives permitted by this section. An applicant/developer may submit to the county a proposal for the waiver or reduction of development standards and may request a meeting with the county.
(F) It shall be the responsibility of the applicant/developer to show that the waiver or modification is necessary to make the housing units economically feasible.
(G) For the purposes of this chapter, except as provided in division (I), DENSITY BONUS means a density increase of at least 25%, unless a lesser percentage is elected by the applicant/developer, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant/developer to the county. All density calculations resulting in fractional units of 0.7 or greater shall be rounded up to the next whole number. Applicants may apply to substitute an in-lieu fee if the fraction is less than 0.7. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zone change, or other discretionary approval. The density bonus shall not be included when determining the number of housing units which is equal to 10%, 20% or 50% of the total. The density bonus shall apply to housing developments consisting of five or more dwelling units.
(H) For the purposes of this chapter, if a development does not meet the requirements of divisions (A)(1), (A)(2) or (A)(3) of this section, but the applicant/developer agrees or proposes to construct a condominium project as defined in Cal. Civil Code § 1351(f), in which at least 20% of the total dwelling units are reserved for persons and families of moderate income, as defined in Cal. Health and Safety Code § 50093, a density bonus of at least 10% shall be granted, unless a lesser percentage is elected by the applicant/developer, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant/developer to the county. All density calculations resulting in fractional units shall be rounded up to the next whole number.
(I) HOUSING DEVELOPMENT, as used in this section, means one or more groups of projects for residential units constructed in the county. This includes construction of rental or for-sale housing, including condominiums. For the purposes of this section, HOUSING DEVELOPMENT also includes either (1) a project to substantially rehabilitate and convert an existing non-residential building to residential use, or (2) the substantial rehabilitation of an existing multi-family dwelling, as defined in Cal. Gov’t Code § 65863.4(d), 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 do not have to be based upon individual subdivision maps or parcels. Density bonus units need not be constructed in the same project area as affordable units.
(J) For the purposes of this chapter, CONCESSION or INCENTIVE 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 Cal. Health and Safety Code part 2.5 (commencing with § 18901) of division 13, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of parking spaces that would otherwise be required.
(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) Other regulatory incentives or concessions proposed by the applicant/developer or the county that result in identifiable and actual cost reductions may be considered. 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.
(K) For the purposes of this section, the following definitions shall apply.
DEVELOPMENT STANDARD. Any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation.
MAXIMUM ALLOWABLE RESIDENTIAL DENSITY. The density allowed under the zoning ordinance, excluding bonus units permitted under this section.
(Ord. 866, § 1 (part), 2010; Ord. 951, § 1(part), 2016; Ord. 1052, § 2, 2023)