§ 83.03.020  Eligibility for Bonus, Incentives, or Concessions.
   In order to be eligible for a density bonus and other incentives or concessions as provided by this Chapter, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of this Development Code, except as provided by § 83.03.040 (Allowed Incentives or Concessions).
   (a)   Resident Requirements.  A housing development proposed to qualify for a density bonus shall be designed and constructed so that it includes at least any one of the following:
      (1)   Ten percent of the total number of proposed units are for lower income households, as defined in Health and Safety Code § 50079.5;
      (2)   Five percent of the total number of proposed units are for very low income households, as defined in Health and Safety Code § 50105;
      (3)   The project is a senior citizen housing development as defined in Civil Code §§ 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code §§ 798.76 or 799.5; or
      (4)   Ten percent of the total dwelling units in a common interest development as defined in Civil Code § 1351 are for persons and families of moderate income, as defined in Health and Safety Code § 50093, provided that all units in the development are offered to the public for purchase.
   (b)   Applicant Selection of Basis for Bonus. For purposes of calculating the amount of the density bonus in compliance with § 83.03.030 (Allowed Density Bonuses), below, the applicant who requests a density bonus shall elect whether the bonus shall be awarded on the basis of Subdivisions (a)(1), (2), (3), or (4), above.
   (c)   Bonus Units Shall Not Qualify a Project.  A density bonus granted in compliance with § 83.03.030 (Allowed Density Bonuses), below, shall not be included when determining the number of housing units that is equal to the percentages required by Subdivision (a), above.
   (d)   Minimum Project Size to Qualify for Density Bonus.  The density bonus provided by this Chapter shall be available only to a housing development of five or more dwelling units.
   (e)   Condominium Conversion Projects.  A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements in Government Code § 65915.5.
(Ord. 4011, passed - -2007)