§ 18.107.160. State incentives for affordable housing—State-defined incentives.

This section includes provisions for providing incentives pursuant to Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.

A.

An applicant may request incentives pursuant to this section only when the residential project is eligible for, and the applicant requests, a density bonus pursuant to Section 18.107.150.

B.

For the purposes of this Section 18.107.160, an incentive means the following:

1.

A reduction of development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum applicable building standards approved by the State Building Standards Commission pursuant to Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including but not limited to setback, coverage, and/or parking requirements, which result in identifiable, financially sufficient, and actual cost reductions, based upon appropriate financial analysis and documentation.

2.

Allowing mixed use development in conjunction with the proposed residential project, if nonresidential land uses will reduce the cost of the residential project and the nonresidential land uses are compatible with the residential project and existing or planned surrounding development.

3.

Other regulatory incentives proposed by the applicant or the county which result in identifiable, financially sufficient, and actual cost reductions, based upon appropriate financial analysis and documentation if required by county.

C.

A residential project is eligible for incentives as follows:

1.

One incentive for residential projects that include at least ten percent of the total dwelling units as target units affordable to low income households, at least five percent of the total dwelling units as target units affordable to very low income households, or at least ten percent of the total dwelling units in a qualified common interest development as target units affordable to moderate income households.

2.

Two incentives for residential projects that include at least twenty percent of the total dwelling units as target units affordable to low income households, at least ten percent of the total dwelling units as target units affordable to very low income households, or at least twenty percent of the total dwelling units in a qualified common interest development as target units affordable to moderate income households.

3.

Three incentives for residential projects that include at least thirty percent of the total dwelling units as target units affordable to low income households, at least fifteen percent of the total dwelling units as target units affordable to very low income households, or at least thirty percent of the total dwelling units in a qualified common interest development as target units affordable to moderate income households.

The following table summarizes requirements for incentives:

State Incentives (California Government Code Section 65915)

Affordability Category	% of Target units
Very low income	5%	10%	15%
Low income	10%	20%	30%
Moderate-income (for sale common interest development only)	10%	20%	30%
Maximum Incentive(s)	1	2	3
Notes: (A) An incentive may be requested only if an application is also made for a density bonus. (B) Incentives may be selected from only one category (very low, low, or moderate). (C) No incentives are available for land donation or a senior citizen residential project (if not affordable). (D) Condominium conversions and day care centers may have one incentive or a density bonus at the county's option, but not both.

 

D.

The county provides incentives, including modified development standards and approval of residential projects without discretionary review, to residential projects that are located on Specified Priority Housing Development Sites (as defined in Section 18.82.020) and developed in conformance with the :AH Combination District standards included in Chapter 18.82. Each of the incentives provided in Chapter 18.82 is a regulatory incentive that results in identifiable, financially sufficient, and actual cost reductions and is a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. Applicants for residential projects on Specified Priority Housing Development Sites may apply for incentives pursuant to Chapter 18.82 or pursuant to this Chapter 18.107, but not pursuant to both.

E.

If a residential project is eligible for a density bonus pursuant to Section 18.107.150, the applicant may request an on-site vehicular parking ratio, inclusive of handicapped and guest parking, pursuant to Government Code Section 65915(p), as follows:

1.

Zero to one bedroom dwelling unit: one on-site parking space.

2.

Two to three bedroom dwelling unit: two on-site parking spaces.

3.

Four or more bedroom dwelling unit: 2.5 on-site parking spaces.

This request may be in addition to any incentives permitted by subsection (C). On-site parking may include tandem and uncovered parking, but not on-street parking.

F.

An applicant may seek a waiver of any development standards that will physically preclude the construction of a residential project with the requested density bonus and incentives permitted by this chapter. The applicant shall bear the burden of demonstrating that the development standards that are requested to be waived will have the effect of physically precluding the construction of the residential project with the density bonus and incentives.

G.

Nothing in this section requires the provision of direct financial incentives for the residential project, including but not limited to the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The county, at its sole discretion, may choose to provide such direct financial incentives.

(Ord. No. 1334, § 3, 1-19-2010)

(Ord. No. 1386, § 4, 12-10-2013)