§ 83.03.030  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 residential density under the applicable Land Use Plan designation and land use 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 § 83.03.020(a)(1), (2), (3), or (4) shall be entitled to density bonuses as follows, unless a lesser percentage 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 § 83.03.020(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
17
30.5
18
32
19
33.5
20
35
 
      (2)   Bonus for Units for Very Low-income Households.  A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.020(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
 
      (3)   Bonus for Senior Citizen Development.  A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.020(a)(3) (senior citizen development or mobile home park) shall be entitled to a density bonus of 20 percent.
      (4)   Bonus for Moderate-income Units in Common Interest Development.  A housing development that is eligible for a bonus in compliance with the criteria in § 83.03.020(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
 
      (5)   Density Bonus for Land Donation.  When an applicant for a Final Map, Parcel Map, or other residential development approval donates land to the County in compliance with this Subdivision, the applicant shall be entitled to a density bonus for the entire development, as follows; provided that nothing in this Subdivision shall be construed to affect the authority of the County to require a developer to donate land as a condition of development.
         (A)   Basic Bonus.  The applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable Land Use Plan designation and land use zoning district for the entire development, and an additional increase 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 Subdivisions (a)(1) through (a)(4), up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required in compliance with this Subdivision (a)(5), as well as the bonuses provided by Subdivisions (a)(1) through (a)(4).
         (C)   Eligibility for Increased Bonus. An applicant shall be eligible for the increased density bonus provided by this Subdivision 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 Land Use Plan 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 § 83.03.070 (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.
   (b)   Greater or Lesser Bonuses.  The County may choose to grant a density bonus greater than provided by this Section for a development that meets the requirements of this Section, or grant a proportionately lower density bonus than required by this Section for a development that does not comply with the requirements of this Section.
   (c)   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.
   (d)   Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Land Use Plan 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)