This chapter is intended to establish policies that implement state housing law under California Government Code Sections 65915 through 65918, as may be amended from time to time, to facilitate the development of affordable housing to serve families of moderate and less-than-moderate incomes within the county through density bonus and other incentives. The regulations set forth in this chapter shall apply countywide.

(Ord. 94-4 § 34 (part), 1994)

(Ord. No. 2018-01, § 27, 7-17-2018)

Editor's note— Ord. No. 2018-01, § 17.83.020, adopted July 17, 2018, repealed § 17.83.020, which pertained to definitions and derived from Ord. 94-4 § 34 (part), 1994.

A.

Pursuant to Government Code Section 65915 and following, as may be amended from time to time, the County shall grant an applicant for a qualifying housing development who seeks a density bonus either (1) a density bonus, the amount of which shall be as specified in subdivision (f) of Government Code Section 65915, or (2) a density bonus with one or more additional incentive(s) as described in subdivision (d) of Government Code Section 65915, waivers or reductions in development standards, and/or reductions of parking ratios as described in subdivisions (e) and (p) of Government Code Section 65915.

B.

As part of the approval process, a binding density bonus agreement between the County and the property owner, must be recorded with the County recorder, which agreement sets forth the conditions and terms to be met in the implementation of the density bonus law requirements and the requirements of this chapter. The agreement will also establish compliance standards and remedies available to the county should the developer/property owner fail to ensure that the identified residential units are available to eligible renters or buyers at rent or sales prices that are affordable consistent with the level of affordability identified in the agreement for the term specified in the agreement. Unless otherwise provided, the agreement shall be recorded as a covenant on the property on which the designated affordable dwelling units will be constructed, which covenant shall run with the land.

C.

To be eligible for a density bonus in accordance with this chapter, an applicant must agree to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter that will contain five or more dwelling units and any one of the following:

1.

A minimum of Ten percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code, as may be amended from time to time;

2.

A minimum of Five percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code, as may be amended from time to time;

3.

A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, as may be amended from time to time; or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code as may be amended from time to time;

4.

Ten percent of the total dwelling units in a common interest development, as defined in Section 4100 of the Civil Code, as may be amended from time to time, for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, as may be amended from time to time, provided that all units in the development are offered to the public for purchase;

5.

Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, as may be amended from time to time, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) as may be amended from time to time. The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units.

(Ord. 94-4 § 34 (part), 1994)

(Ord. No. 2018-01, § 27, 7-17-2018; Ord. No. 2018-04, § 3, 11-6-2018)

A.

To apply for a density bonus, the developer/property owner shall submit to the county a written proposal for a project pursuant to this chapter. If appropriate, the application shall be submitted in conjunction with a subdivision application or use permit application. Otherwise, the application shall stand alone. The proposal shall include at least the following information:

1.

Identification of the qualifying category and amount of density bonus requested in accordance with this chapter and Government Code Section 65915 and following, and the total number of units proposed for the housing development, including the number of designated affordable units.

2.

A description of the household income or special needs 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 costs consistent with U.S. Department of Housing and Urban Development ("HUD") Guidelines.

3.

Adequate information to determine the project cost per unit of the proposed development, including but not be limited to, capital costs, equity investment, debt service, projected revenues, operating expenses, or other information requested by the County.

4.

The projected sales price or rental rates, and marketing plan for the affordable units.

5.

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

6.

Proposed tenure of the use restrictions for designated affordable dwelling units as required by this section and Government Code Section 65915.

7.

A schedule for completion and occupancy of the designated affordable dwelling units, which must be phased in in proportion to the rest of the development.

8.

A description of the additional incentives or concessions, if any, being requested, with information supporting the premise that additional incentives or concessions are necessary to make the units affordable and the overall project viable.

9.

Other provisions to ensure successful implementation and compliance with this section and Government Code Section 65915.

(Ord. 94-4 § 34 (part), 1994)

(Ord. No. 2018-01, § 27, 7-17-2018)

Once a complete proposal is received by the County, the following procedures shall be followed:

A.

Permit requirement.

1.

The County shall notify the applicant whether the application has been deemed complete within 30 calendar days from the receipt of the application pursuant to Government Code Section 65943, as that section may be amended from time to time.

2.

Where a density bonus request is part of a project that includes an application for a use permit or tentative or parcel map, the density bonus proposal along with the density bonus agreement shall be processed and considered by the Planning Commission concurrently with the use permit or map application in the manner prescribed for the use permit or map application. However, (1) the Planning Commission shall render its decision in the form of a written resolution, which shall include a recommendation to the Board of Supervisors for action on the application with the density bonus, the reasons for the recommendation, the relationship of the application to the general plan and any applicable specific plan, and findings as required by this section; (2) the Director of Resource Management shall cause a report of the Planning Commission's action to be filed with the Clerk of the Board within ten working days after the Planning Commission's decision; (3) upon receipt of the report of the Planning Commission's action, the Board of Supervisors shall set the matter for public hearing before it and shall consider the use permit or tentative or parcel map application along with the proposed density bonus in accordance with Section 17.92.020(G) or 15.08.085 as applicable; (4) the Board of Supervisors may continue any hearing to a specific time, date, and place without further public notice; (5) The Board of Supervisors shall conduct a "de novo" review of the Planning Commission's decision and shall review the report of the Planning Commission's action and any additional relevant information that may have been received at the hearing before the Board of Supervisors; (6) the Board of Supervisors may, in its discretion, refer any application back to the Planning Commission for further review and report. The Board may also, in its discretion, approve, disapprove, or modify, wholly or partly, any recommendation of the Planning Commission. The Board of Supervisors may also impose additional conditions; (7) following approval by the Board, the density bonus agreement shall be recorded with the County Recorder concurrently with the final or parcel map, or at the time the use permit is issued.

3.

Where a request for a density bonus is a stand-alone request, the proposal shall be submitted to the Director, with all required fees. Once accepted as complete, the Director shall present the proposal to the Planning Commission whose decision shall be rendered in the form of a written resolution, which shall include findings as required by this section and a recommendation to the Board of Supervisors for action on the request. Upon receipt of the report of the Planning Commission's action, the Board of Supervisors shall set the matter for consideration before it. A noticed public hearing shall not be required for either the Planning Commission or the Board of Supervisors. The Board of Supervisors may, in its discretion, refer any request back to the Planning Commission for further review and report. The Board may also, in its discretion, approve, disapprove, or modify, wholly or partly, any recommendation of the Planning Commission. Following approval by the Board, the density bonus agreement shall be recorded with the County Recorder.

B.

Findings for approval. The approval of a density bonus and other incentives and concessions shall require that the review authority first make all the following findings:

1.

The residential development will be consistent with the General Plan.

2.

The approved number of dwellings can be accommodated by existing and planned infrastructure capacities.

3.

Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this chapter and state housing law.

4.

Remain affordable for the required time period.

(Ord. No. 2018-01, § 27, 7-17-2018; Ord. No. 2018-04, § 3, 11-6-2018)

An applicant for a density bonus may submit a request for specific incentives or concessions as listed, and may request a meeting with the County staff prior to submitting the development application. The Director shall grant an incentive or concession request that complies with the requirements of this section and state law, unless the Board of Supervisors states in writing, based on substantial evidence, the findings established in Government Code Section 65915(d)(1)(A), 65195(d)(1)(B), or 65915 (d)(1)(C), as may be amended from time to time. The following are allowed incentives or concessions that can be made for projects qualifying under this section:

A.

Number of Incentives. The applicant shall receive other concessions or incentives, as listed in subsection B of this section, which significantly contribute to the economic feasibility of the qualifying development project. The number of concessions or incentives will be determined by Government Code Section 65915(d)(2), as may be amended from time to time.

B.

Types of Incentives. Additional concessions or incentives which the County may provide include, but are not limited to, any of the following, as established in Government Code Section 65915(k).

1.

A reduction in site development standards or a modification of architectural design requirements that exceed the minimum State of California Building Standard pursuant to California Government Code Section 65915(k);

2.

A modification of zoning ordinance or design standards requirements that result in identifiable cost reductions that exceed the minimum State of California Building Standards pursuant to California Government Code Section 65915(k), including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required;

3.

Approval of mixed-use zoning in conjunction with the housing project, if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project; and

4.

Any other incentive or concession proposed by the Developer or the County that results in an identifiable, financially sufficient, and actual cost reductions.

(Ord. 94-4 § 34 (part), 1994)

(Ord. No. 2018-01, § 27, 7-17-2018)

Editor's note— Ord. No. 2018-01, § 27, adopted July 17, 2018, retitled § 17.83.050 to read as herein set out. Said section was formerly titled "additional incentives."

A.

Agreement Required. An applicant requesting a density bonus shall enter into a recordable density bonus agreement ("agreement") with the County in a form approved by the County Counsel. The executed agreement shall be recorded on the property designated for the construction of the designated affordable units. The agreement shall be recorded prior to final or parcel map approval, or prior to use permit issuance, or where neither a map nor a use permit are required, prior to issuance of building permits for such properties.

B.

Project Information: The agreement shall include at least the following information about the project:

1.

Identification of the qualifying category and amount of density bonus requested in accordance with this chapter and Government Code Section 65915 and following, and the total number of units proposed for the housing development, including the number of designated affordable units.

2.

A description of the household income or special needs 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 costs consistent with U.S. Department of Housing and Urban Development ("HUD") Guidelines.

3.

Adequate information to determine the project cost per unit of the proposed development, including but not be limited to, capital costs, equity investment, debt service, projected revenues, operating expenses, or other information requested by the County.

4.

The projected sales price or rental rates, and marketing plan for the affordable units.

5.

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

6.

Proposed tenure of the use restrictions for designated affordable dwelling units as required by this section and Government Code Section 65915, as may be amended from time to time.

7.

A schedule for completion and occupancy of the designated affordable dwelling units, which must be phased in in proportion to the rest of the development.

8.

A description of the additional incentives or concessions, if any, being requested, with information supporting the premise that additional incentives or concessions are necessary to make the units affordable and the overall project viable.

9.

A description of the additional incentives and concessions being provided by the County, if any.

10.

A description of the compliance standards and remedies available to the county should the developer/property owner fail to make or maintain the identified residential units accessible to the intended households for the term specified in the agreement.

11.

Other provisions to ensure successful implementation and compliance with this Section and Government Code Section 65915, as may be amended from time to time.

a.

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

i.

The deeds to the designated 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 interest for designated low income or affordable dwelling units without the written approval of the County.

ii.

When providing the written approval, the County shall confirm that the price (rent or sale) of the designated low income or affordable dwelling unit is consistent with the limits established for low and very low income households, as published by HUD.

iii.

The County shall have the authority to enter into other agreements with the developer, or purchasers of the designated low income or affordable dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households.

iv.

Applicable deed restrictions, in the form satisfactory to the County Counsel, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in the County seeking any and all remedies available by law.

v.

In any action taken to enforce compliance with deed restrictions, the County Counsel shall, if compliance is ordered by a court of law, take all action that may be allowed by law to recover all of the County's costs of action including legal services.

vi.

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

vii.

The designated low income or affordable dwelling 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 requirements of Government Code Section 65915(c).

b.

For-sale housing conditions: In the case of for-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of designated low income or affordable dwelling units during the applicable restriction period:

i.

A requirement that designated affordable dwelling units shall be owner-occupied by eligible households, or by qualified residents in the case of senior housing.

ii.

Provisions as the County may require ensuring continued compliance with maintaining low income or affordable dwelling units in compliance with this section and State law.

iii.

Terms for future sales and recapture of any equity to ensure continued affordability of dwelling units for the requisite time period, as prescribed by Government Code Section 65915(c).

c.

Rental Housing Conditions: In the case of rental housing development, the agreement shall provide for the following conditions governing the use of designated low income or affordable dwelling units during the restriction period:

i.

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

ii.

Provisions requiring owners to annually verify to the County tenant incomes and maintain books and record to demonstrate compliance with this section.

iii.

Provisions requiring owners to submit an annual report to the County, which includes the name, address, and income of each person occupying the designated affordable dwelling units, and which identifies the number bedrooms in each dwelling and monthly rent or cost of each unit.

iv.

The applicable use restriction shall comply with the time limits for continued availability in compliance with this section and Government Code Section 65915(c), as may be amended from time to time.

d.

Execution of agreement: Following Board of Supervisors approval of the agreement and execution of the agreement by all parties, the completed agreement shall be recorded on the parcels designated for the low income or affordable dwelling units, at the County Recorder's Office.

e.

The agreement shall be recorded prior to final or parcel map approval, or prior to use permit issuance, or where neither a map nor a use permit are required, prior to issuance of building permits for such properties.

f.

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

(Ord. No. 2018-01, § 27, 7-17-2018; Ord. No. 2018-04, § 3, 11-6-2018)

Editor's note— Ord. No. 2018-01, § 27, adopted July 17, 2018, repealed the former § 17.83.060, and enacted a new § 17.83.060 as set out herein. The former § 17.83.060 pertained to requirements for participation and derived from Ord. 94-4 § 34 (part), 1994.

Section 17.62.030 of the Shasta County Code provides a twenty-five percent density bonus for housing developments under specified conditions in the "PD" zoning district. This chapter shall not be deemed to provide an additional density bonus above that provided in Section 17.62.030.

(Ord. 94-4 § 34 (part), 1994)