Oakdale City Zoning Code
§ 36-18.20.4
Land Donation.
[Ord. No. 1132, § 2, Exh. A.]
A.
When a developer of a housing development donates land to the City as provided for in this section, the developer shall be entitled to a fifteen (15%) percent increase above the otherwise maximum allowable residential density under the applicable Zoning Ordinance and land use element of the General Plan for the entire development. For each one (1%) percent increase above the minimum ten (10%) percent land donation described in Subsection B2 of this section, the density bonus shall be increased by one (1%) percent, up to a maximum of thirty-five (35%) percent. This increase shall be in addition to any increase in density allowed by § 36-18.20.3, up to a maximum combined density bonus of thirty-five (35%) percent if a developer seeks both the increase required pursuant to this section and § 36-18.20.3. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer.
B.
A housing development shall be eligible for the density bonus described in this section if the City makes all of the following findings:
1.
The developer will donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or development application for the housing development.
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 (10%) percent of the number of residential units of the proposed development, or will permit construction of a greater percentage of units if proposed by the developer.
3.
The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate General Plan designation, is appropriately zoned for development as very low income housing, and is now or at the time of construction will be served by adequate public facilities and infrastructure. No later than the date of approval of the final subdivision map, parcel map, or development application for the housing development, the transferred land will 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.
4.
The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this section, which restriction will be recorded on the property at the time of dedication.
5.
The land will be transferred to the City Redevelopment Agency, or to a housing developer approved by the City. The City reserves the right to require the developer to identify a developer of the very low income units and to require that the land be transferred to that developer.
6.
The transferred land is within the boundary of the proposed housing development. The transferred land may be located within one-quarter (1/4) mile of the boundary of the proposed housing development if the local agency agrees.