The purpose of this chapter is to implement general plan policies and state law requirements for density bonuses in specified residential projects. Under policies of the county general plan, a density bonus of up to twenty percent (20%) shall be allowed for specified residential projects that provide complete infrastructure improvements, including community water distribution and sewage collection and treatment systems. Under the requirements of state law, a density bonus of twenty-five percent (25%) shall be granted for specified residential projects of five (5) or more units in which at least twenty-five percent (25%) of the units are affordable to persons and families of low or moderate income or in which ten percent (10%) of the units are affordable to lower income households. A twenty percent (20%) bonus shall be granted for those residential developments within certain zone districts when on-site daycare facilities are provided. A ten percent (10%) density bonus shall be granted to residential developments in conjunction with the submittal and approval of a cluster plan pursuant to Chapter 19.58 of this title. The density bonus shall be in addition to the maximum allowable density specified by the general plan land use category for the area in which the project is located. With the exception of a density bonus granted in conjunction with approval of a cluster plan, only one (1) of the above density bonuses may apply to a qualifying project.

(Ord. G-6297 § 65, 1996: Prior code § 7245.01)

(Ord. No. G-8226, § 101, 11-8-11)

A.

A density bonus of up to twenty percent (20%) over the maximum density specified by the applicable general plan land use category shall be allowed for any residential project of fifty (50) or more units located in the Medium-density Residential (R-2), High-density Residential (R-3), Mobilehome Park (MP) or General Commercial (C-2) districts if the residential project provides adequate on-site day care facilities for the care of children.

B.

A density bonus of up to twenty percent (20%) over the maximum density specified by the applicable general plan land use category shall be allowed for any residential project of five (5) or more units located in the Low-density Residential (R-1), Medium-density Residential (R-2), High-density Residential (R-3), Mobilehome Subdivision (MS), Mobilehome Park (MP) or General Commercial (C-2) districts if the residential project provides complete public infrastructure improvements, including streets and roads, curbs, gutters and sidewalks, drainage facilities and community water distribution, and sewage collection and treatment systems operated by a public agency.

1.

The extent of necessary infrastructure improvements and the amount of the density bonus up to twenty percent (20%) shall be determined by the decision-making authority reviewing and approving the project in accordance with the procedures set out in Chapter 19.102 of this title.

2.

If the density bonus provided for by this subsection is used for a qualifying project, no other density bonus may be applied to the project.

3.

The residential project qualifying for this density bonus shall comply with all regulations of the zoning district or districts applicable to the area in which it is located, all other requirements of this title, and all other requirements and regulations of the county of Kern and the state of California.

C.

A density bonus of twenty-five percent (25%) over the maximum density specified by the applicable general plan land use category shall be allowed for any new residential project or condominium conversion project containing five (5) or more units located in the Low-density Residential (R-1), Medium-density Residential (R-2), High-density Residential (R-3), Mobilehome Subdivision (MS), Mobilehome Park (MP) or General Commercial (C-2) districts if at least twenty percent (20%) of the total number of units will be provided for lower income households, as defined in the Health and Safety Code; or ten percent (10%) of the total units will be provided for very low income households, as defined in the Health and Safety Code; or fifty percent (50%) of the total units will be provided for qualifying residents, as defined in Section 51.2 of the Civil Code.

1.

The units allowed as part of the density bonus shall not be included when determining the number of dwelling units which is equal to ten percent (10%) or twenty percent (20%) of the total. If the density bonus provided for by this subsection is used for a qualifying project, no other density bonus may be applied to the project.

2.

The residential project qualifying for this density bonus shall comply with all regulations of the zoning district or districts applicable to the area in which it is located, all other requirements of this chapter, and all other requirements and regulations of the county of Kern and the state of California, including Section 65915 of the Government Code.

3.

If the applicant requests a waiver or modification of zoning development standards as authorized by Section 65915 of the Government Code, such a request shall be made in writing in conjunction with formal submittal of a qualifying development application. If a zone variance or zone modification is required to accommodate the request, the applicant shall submit the appropriate application.

D.

A density bonus of ten percent (10%) over the maximum density specified by the applicable general plan land use category shall be allowed in conjunction with the submittal and approval of a cluster plan pursuant to Chapter 19.58 of this title. This density bonus is in addition to any other density bonus granted pursuant to this chapter.

(Ord. G-6297 § 6, 1996: Ord. G-5684 §§ 91, 92, 1991; Ord. G-4993 § 53, 1989; Prior code § 7245.02)

(Ord. No. G-8226, § 102, 11-8-11)

No development may occur pursuant to this chapter until an application for a density bonus permit has been submitted and approved as provided in this section.

(Prior code § 7245.03 (part))

An application for a density bonus permit review shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description;

E.

A site development plan drawn at the scale specified by the planning director, which includes the following information:

1.

Topography of the lot(s),

2.

Proposed street system and parking area,

3.

Lot design,

4.

Location of buildings,

5.

Location of other proposed uses,

6.

Proposed setbacks,

7.

Areas to be reserved for parks, schools or other public or quasi-public facilities,

8.

Proposed landscaping,

9.

Water supply and distribution,

10.

Sewage disposal system,

11.

Drainage system,

12.

North arrow;

F.

A narrative description of the proposed development, including the following:

1.

Total number of dwelling units and number of dwelling units per acre,

2.

Number of dwelling units to be made available to persons of low and moderate income or to lower-income households, if applicable,

3.

Method of maintaining the affordability of the units described in subparagraph (2) of this subsection, if applicable,

4.

Building coverage expressed as a percent of the total area of the property,

5.

Area of land devoted to landscaping or open space usable for recreation purposes and its percentage of the total land area,

6.

Method of sewage disposal,

7.

Water supply, both domestic and fire,

8.

Proposed on-site drainage facilities,

9.

Methods of flood control, where appropriate,

10.

Phasing or development schedule.

(Ord. G-6077 § 300, 1994; Prior code § 7245.03(A))

Where a discretionary permit or rezoning is otherwise required for the residential project, the density bonus permit application shall be reviewed and approved in conjunction with that discretionary permit or rezoning approval project. Where no other discretionary permit or rezoning is required for the residential project, the density bonus permit application shall be reviewed and approved in accordance with the procedures set out in Sections 19.102.040 through 19.102.060 of this title.

(Prior code § 7245.03(B))

Prior to submitting a formal application for a density bonus permit pursuant to this chapter or prior to submitting a formal application for a tentative map for conversion of apartments to a condominium project, an applicant shall submit to the planning director a preliminary proposal in writing for the residential project or condominium project. The planning director shall, within ninety (90) days of receipt of a written proposal, notify the applicant in writing of the procedures the applicant must follow to secure a density bonus provided for in this chapter.

(Ord. G-6077 § 302, 1994: Prior code § 7245.03(C))