As required by Government Code Section 65915, this chapter offers density bonuses and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified in Section 14.77.020 (eligibility for bonus, incentives, or concessions), below. This chapter is intended to implement the requirements of Government Code Section 65915 et seq. and the housing element of the general plan.

(Ord. No. 668, § 2, 6-27-2016)

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 zoning code, except as provided by Section 14.77.050 (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 one of the following:

1.

Ten percent of the total number of proposed units for lower income households, as defined in Health and Safety Code Section 50079.5;

2.

Five percent of the total number of proposed units for very low income households, as defined in Health and Safety Code Section 50105;

3.

The project is a senior citizen housing development as defined in Civil Code Sections 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 Section 798.76 or Section 799.5; or

4.

Ten percent of the total dwelling units in a common interest development as defined in Civil Code Section 1351 are for persons and families of moderate income, as defined in Health and Safety Code Section 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 Section 14.77.040 (allowed density bonuses), the applicant who requests a density bonus shall elect whether the bonus shall be awarded on the basis of subsections (A)(1), (A)(2), (A)(3) or (A)(4) (resident requirements), above.

C.

Bonus Units Shall Not Qualify a Project. A density bonus granted in compliance with Section 14.77.040 (allowed density bonuses) shall not be included when determining the number of housing units that is equal to the percentages required by subsection A (resident requirements), 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 net new 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 Section 65915.5.

(Ord. No. 668, § 2, 6-27-2016)

Within the coastal zone, any housing development approved pursuant to this chapter to include a density bonus, incentive(s), or concession(s) shall be consistent with all otherwise applicable certified local coastal program policies and development standards. Further, the city may grant the incentive or concession to accommodate the density increase in compliance with this section only if the requested incentive or concession will not have an adverse effect on coastal resources that is inconsistent with the certified local coastal program or the Chapter 3 policies of the Coastal Act.

(Ord. No. 668, § 2, 6-27-2016)

The review authority 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 general plan/coastal plan designation and zone as of the date of application by the applicant to the city. For purposes of calculating base density, any area of land on a given site in the coastal zone that is not potentially developable due to hazards or other environmental and resource factors (including but not limited to, areas of sensitive habitat or buffers to that sensitive habitat, steep slopes, public access ways, or geologic instability) shall not be considered potentially developable lot area and shall be excluded from the base density calculations (i.e., base density shall be determined based only on the potentially developable portion of a given site.).

A.

Density Bonus. A housing development that complies with the eligibility requirements in subsections 14.77.020(A)(1), (A)(2), (A)(3), or (A)(4) (resident requirements) 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 subsection 14.77.020(A)(1) (ten percent of units for lower income households) shall be entitled to a density bonus calculated as follows:

2.

Bonus for Units for Very Low Income Households. A housing development that is eligible for a bonus in compliance with the criteria in subsection 14.77.020(A)(2) (five percent of units for very low income households) shall be entitled to a density bonus calculated as follows:

3.

Bonus for Senior Citizen Development. A housing development that is eligible for a bonus in compliance with the criteria in subsection 14.77.020(A)(3) (senior citizen development or mobile home park) shall be entitled to a density bonus of twenty 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 subsection 14.77.020(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:

5.

Density Bonus for Land Donation. When an applicant for a tentative map, parcel map or other residential development approval meets a resident requirement in subsections 14.77.020(A)(1) through (A)(4) and donates land to the city in compliance with this subsection, the applicant shall be entitled to a density bonus for the entire development, as follows. Nothing in this subsection shall be construed to affect the authority of the city to require a developer to donate land as a condition of development and the developer may not be entitled to a density bonus merely due to compliance with the condition.

a.

Basic Bonus. The applicant shall be entitled to a fifteen percent increase above the otherwise maximum allowable residential density under the applicable general plan/coastal plan land use designation and zone district for the entire development, and an additional increase as follows:

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)(4), 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)(5), as well as the bonuses provided by subsections (A)(1) through (A)(4).

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:

(1)

The applicant donates and transfers the land no later than the date of approval of the final map, parcel map, or residential development application.

(2)

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.

(3)

The transferred land is at least one acre in size, or of sufficient size to permit development of at least forty units; has the appropriate general plan/coastal 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.

(4)

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 city may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the city before the time of transfer.

(5)

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 14.77.080 (continued availability), which shall be recorded on the property at the time of dedication.

(6)

The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the approved housing developer.

(7)

The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.

B.

Greater or Lesser Bonuses. The city 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 lots.

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/local coastal program amendment, zoning map amendment or other legislative and/or discretionary approval.

(Ord. No. 668, § 2, 6-27-2016)

A.

Applicant Request and City Approval.

1.

An applicant for a density bonus that is in compliance with this chapter may submit to the city a proposal for the specific incentives or concessions listed in subsection C (type of incentives), below, that the applicant requests in compliance with this section. The applicant may file a request either before filing an application for city approval of a proposed project or concurrently with an application for project approval. The review authority shall grant an incentive or concession request that complies with this section unless the review authority makes any of the following findings in writing, based upon substantial evidence:

a.

The incentive or concession is not required to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Section 14.77.080(B) (unit cost requirements); or

b.

The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and 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.

c.

The incentive or concession would be contrary to state or federal law.

d.

The incentive or concession would be inconsistent with or violate the California Coastal Act and those policies and regulations of the city's local coastal program established to protect coastal resources.

B.

Number of Incentives. The applicant shall receive the following number of incentives or concessions.

1.

One Incentive or Concession. One incentive or concession for a project that includes at least ten percent of the total units for lower income households, at least five percent for very low income households or at least ten percent for persons and families of moderate income in a common interest development.

2.

Two Incentives or Concessions. Two incentives or concessions for a project that includes at least twenty percent of the total units for lower income households, at least ten percent for very low income households or at least twenty percent for persons and families of moderate income in a common interest development.

3.

Three Incentives or Concessions. Three incentives or concessions for a project that includes at least thirty percent of the total units for lower income households, at least fifteen percent for very low income households or at least thirty percent for persons and families of moderate income in a common interest development.

C.

Type of Incentives. For the purposes of this chapter, concession or incentive means any of the following:

1.

A reduction in the site development standards of this zoning code (e.g., site coverage limitations, setbacks, reduced lot sizes, and/or parking requirements [see also Section 14.77.060 (parking requirements in density bonus projects)], or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient and actual cost reductions;

2.

Approval of mixed-use land uses not otherwise allowed by this zoning code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located;

3.

Other regulatory incentives proposed by the applicant or the city that will result in identifiable, financially sufficient and actual cost reductions; and/or

4.

A direct financial contribution granted by the council in its sole and absolute discretion, including writing-down land costs, subsidizing the cost of construction or participating in the cost of infrastructure.

D.

Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan/local coastal program amendment, zoning map amendment or other legislative and/or discretionary approval.

(Ord. No. 668, § 2, 6-27-2016)

A.

Applicability. This section applies to a development that meets the requirements of Section 14.77.020 (eligibility for density bonus, incentives and concessions), above, but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section in compliance with Section 14.77.050 (allowed concessions and incentives), above.

B.

Number of Parking Spaces Required.

1.

At the request of the applicant, the city shall require the following vehicular parking ratios for a project that complies with the requirements of Section 14.77.020 (eligibility for density bonus, incentives and concessions), above, inclusive of handicapped and guest parking.

a.

Zero to one bedroom: One onsite parking space.

b.

Two to three bedrooms: Two onsite parking spaces.

c.

Four or more bedrooms: Two and one-half onsite parking spaces.

2.

If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

C.

Location of Parking. For purposes of this section, a development may provide onsite parking through tandem parking or uncovered parking, but not through on-street parking.

(Ord. No. 668, § 2, 6-27-2016)

A housing development that complies with the resident and project size requirements of Section 14.77.020 (eligibility for bonus, incentives or concessions) and also includes as part of that development a child care facility other than a large or small family day care home that will be located on the site or adjacent to the development, shall be subject to the following additional bonus, incentives and requirements.

A.

Additional Bonus and Incentives. The city shall grant a housing development that includes a child care facility in compliance with this section either of the following:

1.

An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the child care facility; or

2.

An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

B.

Requirements to Qualify for Additional Bonus and Incentives.

1.

The city shall require, as a condition of approving the housing development, that:

a.

The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with Section 14.77.080 (continued availability), below; and

b.

Of the children who attend the child care facility, the number of children of very low income households, lower income households or moderate income households shall be equal to or greater than the percentage of dwelling units required for very low income households, lower income households or moderate income households in compliance with subsection 14.77.020(A) (resident requirements), above.

2.

The city shall not be required to provide a density bonus for a child care facility in compliance with this section if it finds, based upon substantial evidence, that the community has adequate child care facilities.

(Ord. No. 668, § 2, 6-27-2016)

The units that qualified the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable units in compliance with the following requirements, as required by Government Code Section 65915(c). See also Section 14.77.120 (control of resale).

A.

Duration of Affordability. The applicant shall agree to, and the city shall ensure, the continued availability of the units that qualified the housing development for a density bonus and other incentives and concessions, as follows:

1.

Low and Very Low Income Units. The continued affordability of all low and very low income qualifying units shall be maintained for at least thirty years. The time limit can be longer if otherwise required, for example, by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program or by city policy or ordinance.

2.

Moderate Income Units in Common Interest Development. The continued availability of moderate income units in a common interest development shall be maintained for at least ten years. The time limit can be longer if otherwise required by city policy or ordinance.

B.

Unit Cost Requirements. The rents and owner-occupied costs charged for the housing units in the development that qualify the project for a density bonus and other incentives and concessions shall not exceed the following amounts during the period of continued availability required by this section:

1.

Lower Income Units. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053; and

2.

Owner-Occupied Units. Owner-occupied units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.

C.

Occupancy and Resale of Moderate Income Common Interest Development Units. An applicant shall agree to and the city shall ensure that the initial occupants of moderate income units that are directly related to the receipt of the density bonus in a common interest development as defined in Civil Code Section 1351 are persons and families of moderate income as defined in Health and Safety Code Section 50093, and that the units are offered at an affordable housing cost as defined in Health and Safety Code Section 50052.5. The city shall enforce an equity sharing agreement unless it is in conflict with the requirements of another public funding source or law. The following requirements apply to equity sharing agreements:

1.

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment and the seller's proportionate share of appreciation.

2.

The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership. For the purposes of this section:

a.

The city's initial subsidy shall be equal to the fair market value of the residence at the time of initial sale, minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value; and

b.

The city's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the residence at the time of initial sale.

(Ord. No. 668, § 2, 6-27-2016)

A.

Location/Dispersal of Units. As required by the review authority in compliance with Section 14.77.100 (processing of bonus requests), affordable units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the non-affordable units in the project and shall be compatible with the design or use of remaining units in terms of appearance, materials and finished quality.

B.

Phasing. If a project is to be built in phases, the density bonus units shall be phased in the same proportion as the non-density bonus units or phased in another sequence acceptable to the city.

(Ord. No. 668, § 2, 6-27-2016)

Permit Requirement. A request for a density bonus and other incentives and concessions shall be evaluated and decided through development plan review in compliance with Section 14.68.030 (development plan processing).

(Ord. No. 668, § 2, 6-27-2016)

A.

Agreement Required. An applicant requesting a density bonus shall agree to enter into a density bonus agreement (referred to as the "agreement") with the city in the city's standard form of agreement.

B.

Agreement Provisions.

1.

Project Information. The agreement shall include at a minimum, the following information about the project:

a.

The total number of units approved for the housing development, including the number of affordable dwelling units;

b.

A description of the household income group to be accommodated by the housing development and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD Guidelines;

c.

The marketing plan for the affordable units;

d.

The location, unit sizes (square feet) and number of bedrooms of the affordable dwelling units;

e.

Tenure of the use restrictions for affordable dwelling units of the time periods required by Section 14.77.080 (continued availability);

f.

A schedule for completion and occupancy of the affordable dwelling units;

g.

A description of the additional incentives and concessions being provided by the city;

h.

A description of the remedies for breach of the agreement by the owners, developers and/or successors in interest of the project; and

i.

Other provisions to ensure successful implementation and compliance with this chapter.

2.

Minimum Requirements. The agreement shall provide, at minimum, that:

a.

The developer shall give the city the continuing right of first refusal to lease or purchase any or all of the affordable dwelling units at the appraised value;

b.

The deeds to the affordable dwelling units shall contain a covenant stating that the developer or successors in interest shall not assign, lease, rent, sell, sublet or otherwise transfer any interests for affordable units without the written approval of the city;

c.

When providing the written approval, the city shall confirm that the price (rent or sale) of the affordable dwelling unit is consistent with the limits established by HUD;

d.

The city shall have the authority to enter into other agreements with the developer or purchasers of the affordable dwelling units to ensure that the required dwelling units are continuously occupied by eligible households;

e.

Applicable deed restrictions, in a form satisfactory to the city attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, demand for specific performance, withdrawal of the certificate of occupancy or other action;

f.

In any action taken to enforce compliance with the deed restrictions, the city attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the city's costs of action including legal services; and

g.

Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.

3.

For-Sale Housing Conditions. In the case of a for-sale housing development, the agreement shall provide for the following conditions governing the initial sale and use of affordable dwelling units during the applicable restriction period:

a.

Affordable dwelling units shall be owner occupied by eligible households or by qualified residents in the case of senior housing; and

b.

The initial purchaser of each affordable dwelling unit shall execute an instrument or agreement approved by the city which:

(1)

Restricts the sale of the unit in compliance with this chapter, or other applicable city policy or ordinance, during the applicable use restriction period;

(2)

Contains provisions as the city may require to ensure continued compliance with this chapter and state law; and

(3)

Shall be recorded against the lot containing the affordable dwelling unit.

4.

Rental Housing Conditions. In the case of a rental housing development, the agreement shall provide for the following conditions governing the use of affordable dwelling units during the applicable restriction period:

a.

The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies and maintaining the affordable dwelling units for qualified tenants;

b.

Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this chapter;

c.

Provisions requiring owners to submit an annual report to the city, which includes the name, address and income of each person occupying the affordable dwelling unit and which identifies the bedroom size and monthly rent or cost of each unit; and

d.

The applicable use restriction period shall comply with the time limits for continued availability in Section 14.77.080 (continued availability), above.

C.

Execution of Agreement.

1.

Following approval of the agreement and execution of the agreement by all parties, the city shall record the completed agreement on the lots designated for the construction of affordable dwelling units at the county recorder's office.

2.

The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before issuance of building permits for the affordable dwelling units.

3.

The agreement shall be binding on all future owners, developers and/or successors in interest.

(Ord. No. 668, § 2, 6-27-2016)

In order to maintain the availability of for-sale affordable housing units constructed in compliance with this chapter, the following resale conditions shall apply.

A.

Limits on Resale Price. The maximum price received by the seller of an affordable unit shall be limited to the purchase price plus an increase based on the Consumer Price Index for all Urban Consumers (CPI-U) published by the Bureau of Labor Statistics, U.S. Department of Labor, for the Santa Barbara, California area, an amount consistent with the increase in the median income since the date of purchase or the fair market value, whichever is less. Before offering an affordable housing unit for sale, the seller shall provide written notice to the city of the intent to sell. The notice shall be provided by certified mail to the director.

B.

Units to be Offered to the City. Home ownership affordable units constructed, offered for sale or sold under the requirements of this section shall be offered to the city or its assignee for a period of at least ninety days from the date the notice of intent to sell is delivered to the city by the first purchaser or subsequent purchasers. Home ownership affordable units shall be sold and resold from the date of the original sale only to households determined to be eligible for affordable units by the city in compliance with this section. The seller shall not levy or charge any additional fees nor shall any "finder's fee" or other monetary consideration be allowed other than customary real estate commissions and closing costs.

C.

Declaration of Restrictions. The owners of any affordable unit shall attach and legally reference in the grant deed conveying title of the affordable ownership unit a declaration of restrictions provided by the city, stating the restrictions imposed in compliance with this section. The grant deed shall afford the grantor and the city the right to enforce the declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions and prohibitions required by this section.

D.

City to Monitor Resale of Units. The city shall monitor the resale of ownership affordable units. The city or its designee shall have a ninety-day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the city for appropriate action.

(Ord. No. 668, § 2, 6-27-2016)

A.

Judicial Relief. As provided by Government Code Section 65915(d)(3), the applicant may initiate judicial proceedings if the city refuses to grant a requested density bonus, incentive or concession.

B.

Waiver of Standards Preventing the Use of Bonuses, Incentives or Concessions.

1.

As required by Government Code Section 65915(e), the city will not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of subsection 14.77.020(A) (resident requirements), above, at the densities or with the concessions or incentives allowed by this chapter.

2.

An applicant may submit to the city a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum lot size, setbacks and placement of infrastructure improvements.

3.

The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.

C.

City Exemption. Notwithstanding the provisions of subsections A and B, above, nothing in this section shall be interpreted to require the city to:

1.

Grant a density bonus, incentive, concession or waive or reduce development standards, if the bonus, incentive, concession, waiver or reduction would have an adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the adverse impact; or

2.

Grant a density bonus, incentive, concession or waive or reduce development standards, if the bonus, incentive, concession, waiver or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

3.

Grant a density bonus, incentive, concession or waive or reduce development standards, if the bonus, incentive, concession, waiver or reduction would be inconsistent with the Coastal Act or the city's certified local coastal program. Rather, the city may only grant a density bonus, incentive, concession or waive or reduce development standards, if the bonus, incentive, concession, waiver or reduction is consistent with the Coastal Act and the city's certified local coastal program.

(Ord. No. 668, § 2, 6-27-2016)

Whenever the following terms are used in this chapter, they shall have the meaning established in this section:

1.

"Affordable housing policies and procedures" means policies and procedures for the implementation of the city's affordable housing ordinances and programs, as adopted by the city and amended from time to time.

2.

"Affordable unit(s)" means those residential units that must be offered to eligible purchasers at a city-approved affordable sale price or rental rate according to the requirements of this chapter.

3.

"Child care facility" means a child care facility other than a family day care home, including but not limited to infant centers, pre-schools, attached day care facilities and school age child care centers.

4.

"Common interest development" means a type of housing, composed of individually owned units, such as condominiums, townhouses, or single-family homes, that share ownership of common areas, such as swimming pools, landscaping and parking. Common interest developments are managed by homeowners' associations.

5.

"Density bonus unit(s)" means those residential units granted pursuant to the provisions of this chapter, which exceed the otherwise allowable maximum residential density for the development site. All density bonus calculations resulting in fractional units shall be rounded up to the next whole number. The density bonus units shall not be included when determining the number of housing units allowed under the maximum residential density for the development site.

6.

"Development standard" means any ordinance, general plan element, specific plan, or other local law, policy, resolution or regulation.

7.

"Housing cost" means the sum of actual or projected monthly payments for all of the following costs and expenses associated with for-sale bonus density units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees and a reasonable allowance for utilities.

8.

"Housing development" means construction projects consisting of five or more residential units, including single-family, multifamily and mobile homes for sale or rent. It shall also include either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling as defined in subsection (d) of Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.

9.

"Low income household" means a household whose income does not exceed the lower income limits applicable to Santa Barbara County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

10.

"Moderate income household" means a household whose income does not exceed the moderate income limits applicable to Santa Barbara County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code.

11.

"Qualifying resident" means a senior citizen or other person(s) eligible to reside in senior citizen housing.

12.

"Very-low income household" means a household whose income does not exceed the very-low income limits applicable to Santa Barbara County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

(Ord. No. 668, § 2, 6-27-2016)