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Inyo County Unincorporated
City Zoning Code

CHAPTER 18

65 DB DISTRICTS-DENSITY BONUS OVERLAY

§ 18.65.010 Intent and purpose .

The purpose of this chapter is to provide for density bonuses and incentive to developers who comply with California Government Code Sections 65915 through 65918 (State Density Bonus Law) and as may be amended from time to time. In enacting this chapter, it is also the intent of the county to implement the goals, objectives, and policies of the county's housing element and general plan.
(Ord. 1127 § 4, 2007; Ord. 1316, 3/11/2025)

§ 18.65.020 Adoption of the State Bonus Density Law.

The State Bonus Density Law adopted by the state of California and as set forth in Government Code Sections 65915 through 65978, and as may be amended from time to time, is hereby adopted and incorporated into this title by reference as though it were fully set forth herein. In addition to those requirements set forth in the State Bonus Density Law, an applicant must meet the requirements of this chapter.
(Ord. 1316, 3/11/2025)

§ 18.65.030 Definitions.

Unless otherwise specified in this chapter, the definition found in State Density Bonus Law shall apply to the terms contained herein.
(Ord. 1127 § 4, 2007; Ord. 1316, 3/11/2025)

§ 18.65.040 Applicability.

The section shall apply to any housing development as defined in California Government Code Section 65915(i). In the event the density allowed under the zoning district is inconsistent with the density allowed under the county general plan land use designation, the general plan shall prevail.
(Ord. 1127 § 4, 2007; Ord. 1316, 3/11/2025)

§ 18.65.050 State density bonus and incentives.

A developer of a housing development in the county may be permitted a density bonus and incentives in accordance with the provisions of California Government Code Sections 65915 through 65918 (State Density Bonus Law) applicable at the time of application submission.
(Ord. 1127 § 4, 2007; Ord. 1316, 3/11/2025)

§ 18.65.060 Application requirements and review.

A. 
The following two applications are required for any housing development project proposed within the county that is also seeking a density bonus or other incentive:
1. 
A Planning Department Permit Application.
2. 
A Bonus Density Review Application.
B. 
Bonus Density Review Application. The bonus density review application is for any applicant seeking a state density bonus, incentive or concession, waiver or modification of a development standard, or a revised parking standard, or any other provision provided by the State Density Bonus Law. This application shall be submitted with the first application for approval of a housing development and shall be processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the county and shall include all the following information and documentation:
1. 
A site plan showing the total number and location of all proposed housing units and the number and location of proposed housing units which qualify the housing development for density bonus housing units.
2. 
Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
3. 
A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the same five-year period; subject to any form of rent control through a public entity's valid exercise of its police power; or subject to a recorded deed or covenant ordinance, or law restricting rents to levels affordable households of lower or very low income.
4. 
If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period preceding the date of submittal of the application but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.
5. 
A description of any requested incentives and concessions, waivers or modification of development standards, or modified parking standards. Except where mixed-use zoning is proposed as an incentive, reasonable documentation to show that any requested incentive or concession will result in identifiable and actual cost reductions to provide for affordable housing costs or rents. Reasonable documentation that each of the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Government Code Section 65915.
6. 
If a density bonus is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the conditions of Government Code Section 65915 (g)(2)(A through H) are met.
7. 
If a density bonus or incentive or concession is requested for a child care facility pursuant to Government Code Section 65915 (h), the application shall show the location and square footage of the child care facility and provide evidence that the community in which the facility is proposed to be developed, lacks adequate child care facilities.
C. 
Review and Consideration. A bonus density review application shall be considered and acted upon by the planning department. The planning department shall review a complete application within 30 days of the submission of the complete application.
(Ord. 1127 § 4, 2007; Ord. 1316, 3/11/2025)

§ 18.65.070 Density bonus housing deed restriction.

A. 
Housing development projects receiving a density bonus, concession, incentive, or waiver pursuant to this chapter shall execute and record a deed restriction with the county which sets forth the required conditions and guidelines.
B. 
The terms of the deed restriction shall be subject to the requirements established by the county at the time of project approval.
C. 
The deed restriction shall be entered into prior to final or parcel map approval, or, where a map is not being processed, prior to the issuance of the building permits for the housing development project.
D. 
The density bonus housing deed restrictions shall remain in effect for the entire term of affordability of the housing units created pursuant to this chapter, or as required by state law, whichever is greater.
(Ord. 1127 § 4, 2007; Ord. 1316, 3/11/2025)

§ 18.65.080 (Reserved)

Prior History: Ord. 1127 § 4, 2007; repealed by Ord. 1316, 3/11/2025.

§ 18.65.090 (Reserved)

Prior History: Ord. 1127 § 4, 2007; repealed by Ord. 1316, 3/11/2025

§ 18.65.100 (Reserved)

Prior History: Ord. 1127 § 4, 2007; repealed by Ord. 1316, 3/11/2025

§ 18.65.110 (Reserved)

Prior History: Ord. 1127 § 4, 2007; repealed by Ord. 1316, 3/11/2025

§ 18.65.120 (Reserved)

Prior History: Ord. 1127 § 4, 2007; repealed by Ord. 1316, 3/11/2025

§ 18.65.130 (Reserved)

Prior History: Ord. 1127 § 4, 2007; repealed by Ord. 1316, 3/11/2025

§ 18.65.140 (Reserved)

Prior History: Ord. 1127 § 4, 2007; repealed by Ord. 1316, 3/11/2025

§ 18.65.150 (Reserved)

Prior History: Ord. 1127 § 4, 2007; repealed by Ord. 1316, 3/11/2025

§ 18.65.160 (Reserved)

Prior History: Ord. 1127 § 4, 2007; repealed by Ord. 1316, 3/11/2025

§ 18.65.170 Location of bonus units.

As provided by Government Code Section 65915, the location of density bonus units within the housing development may be at the discretion of the developer; however, the bonus units shall be reasonably dispersed throughout the development, shall contain on average the same number of bedrooms as the bonus units in the development, and shall be compatible with the design or use of the remaining units in terms of exterior appearance, materials and quality finish.
(Ord. 1127 § 4, 2007)