§ 83.03.040 Allowed Density Bonuses.

   The Board shall determine the amount of a density bonus allowed in a housing development in compliance with this Section. For the purposes of this Chapter, "density bonus" means a density increase over the otherwise maximum allowable gross residential density under the applicable Policy Plan designation and zoning district as of the date of application by the applicant to the County.

   (a)   Density Bonus. A housing development that complies with the eligibility requirements in § 83.03.030(a)(1), (2), (3), (4), (5), (6) or (7) shall be entitled to density bonuses as follows, unless a lesser percentage or no increase in density bonus is proposed by the applicant.

      (1)   Bonus for Units for Lower Income Households. A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.030(a)(1) (ten percent of units for lower income households) shall be entitled to a density bonus calculated as follows:

Percentage of Low-Income Units Proposed	Percentage of 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
21	38.75
22	42.5
23	46.25
24	50

 

      (2)   Bonus for Units for Very Low-income Households. A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.030(a)(2) (five percent of units for very low-income households) shall be entitled to a density bonus calculated as follows:

Percentage of Very Low-Income Units Proposed	Percentage of Density Bonus
5	20
6	22.5
7	25
8	27.5
9	30
10	32.5
11	35
12	38.75
13	42.5
14	46.25
15	50

 

      (3)   Bonus for Senior Citizen Development. A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.030(a)(3) (senior citizen housing development or mobile home park) shall be entitled to a density bonus of 20 percent of the number of senior housing units.

      (4)   Bonus for Transitional Foster Youth, Disabled Veterans, or Homeless Persons. A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.030(a)(5) (transitional foster youth, disabled veterans, or homeless persons) shall be entitled to a density bonus of 20 percent of the number of the type of units giving rise to a density bonus.

      (5)   Bonus for Student Housing Development. A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.030(a)(6) (lower-income students in a student housing development) shall be entitled to a density bonus of 35 percent of the student housing units.

      (6)   Bonus for 100 Percent Affordable Housing Development. A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.030(a)(7) (100 percent of all units in development affordable with up to 20 percent moderate) shall be entitled to a density bonus of 80 percent of the number of units for lower-income households, except if the housing development is located within one-half mile of a major transit stop, then no maximum density controls shall be applied.

      (7)   Bonus for Moderate-income Units in Common Interest Development. A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.030(a)(4) (ten percent of units in a common interest development for persons and families of moderate income) shall be entitled to a density bonus calculated as follows:

Percentage of Moderate-Income Units Proposed	Percentage of 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
41	38.75
42	42.5
43	46.25
44	50

 

      (8)   Density Bonus for Land Donation. When an applicant for a Tentative Map, Parcel Map, or other residential development approval donates land to the County in compliance with this subsection, the applicant shall be entitled to a density bonus for the entire development, provided that nothing in this subsection shall be construed to affect the authority of the County to require a developer to donate land as a condition of development, as follows:

         (A)   Basic Bonus. The applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable Policy Plan land use designation and zoning district for the entire development, as follows.

Percentage of Very Low-Income Units Proposed	Percentage of 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

 

         (B)   Increased Bonus. The increase identified in the table above shall be in addition to any increase in density required by subsections (a)(1) through (a)(7), up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required in compliance with this subsection (a)(8), as well as the bonuses provided by subsections (a)(1) through (a)(7).

         (C)   Eligibility for Increased Bonus. An applicant shall be eligible for the increased density bonus provided by this subsection if all of the following conditions are met:

            (I)   The applicant donates and transfers the land no later than the date of approval of the Final Map, Parcel Map, or residential development application.

            (II)   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 of the number of residential units of the proposed development.

            (III)   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 Policy Plan land use designation; is appropriately zoned for development as affordable housing; and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.

            (IV)   No later than the date of approval of the Final 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 housing units on the transferred land, except that the County may subject the proposed development to subsequent design review to the extent authorized by Government Code § 65583.2(i) if the design is not reviewed by the County before the time of transfer.

            (V)   The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with § 83.03.080 (Continued Availability), which shall be recorded on the property at the time of dedication.

            (VI)   The land is transferred to the County or to a housing developer approved by the County. The County may require the applicant to identify and transfer the land to the approved housing developer.

            (VII)   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.

            (VIII)   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 residential development application.

   (b)   Density Bonus Calculations. The calculation of a density bonus in compliance with this Section that results in fractional units shall be rounded up to the next whole number, as required by State law. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.

   (c)   Additional County Density Bonus. In addition to subsection (a), when a project restricts at least 20 percent of proposed housing units for lower income households, as defined in Health and Safety Code § 50079.5, the County grants an additional density bonus for properties zoned Multiple Residential. The additional County density bonus for such projects shall be ten units per acre in the Valley region, or Desert region when served by piped water, sewer, and paved roads; and five units per acre in the Mountain and remaining Desert regions. The resulting maximum density for such projects shall be 30 units per acre in the Valley region, or Desert region when served by piped water, sewer, and paved roads; and 25 units per acre in the Mountain and remaining Desert regions. These are the maximum densities that shall be used to calculate density bonus prescribed by State law and as provided in § 83.03.030(a)(1), (a)(2), and (a)(7).

   (d)   Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a Policy Plan amendment, zoning amendment, or other discretionary approval.

   (e)   Location of Bonus Units. The developer may locate density bonus units in the housing project in other than the areas where the units for the lower income households are located.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)