This density bonus article is intended to provide incentives for the production of housing for very low, lower income, or senior households and the development of child care facilities. In enacting this article, it is the intent of the County to facilitate the development of affordable housing and to implement the goals, policies, and programs of the County's housing element.

(Ord. No. 13-11, § I, 8-6-2013)

For the purposes of this article, the following words and phrases shall have the following meanings:

(a)

"Affordable housing agreement" means a legally binding agreement between a developer and the County to ensure that the requirements of this article are satisfied. The agreement, among other things, shall establish: the number of affordable units, their size, location, terms and conditions of affordability, and production schedule.

(b)

"Additional incentives" means such regulatory concessions as specified in California Government Code Subsections 65915(d) and (h) to include, but not be limited to, the reduction of site development standards or zoning code requirements, direct financial assistance, approval of mixed use zoning in conjunction with the housing development, or any other regulatory incentive that would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus.

(c)

"Affordable rent" means monthly housing expenses, including a reasonable allowance for utilities, for affordable units reserved for rent by very low-, low-, and moderate-income persons and families.

(d)

"Affordable sales price" means a sales price at which very low-, low- and moderate-income persons and families can qualify for the purchase of affordable units, calculated on the basis of underwriting standards of mortgage financing available for the development.

(e)

"Affordable unit" means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low-, low-, and moderate-income persons and families.

(f)

"Density bonus" means a discretionary approval of up to twenty-five (25%) percent more residential units for a proposed residential project based on meeting the criteria of Government Code § 65915.

(g)

"Density bonus units" means those residential units granted pursuant to the provisions of this article which exceed the otherwise maximum residential density for the development site.

(h)

"Equivalent financial incentive" means a monetary contribution, based upon a land cost per dwelling unit value, equal to one of the following:

(1)

A density bonus and an additional incentive(s); or

(2)

A density bonus, where an additional incentive(s) is not requested or is determined to be unnecessary.

(i)

"Housing cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale affordable 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.

(j)

"Housing development" means construction projects consisting of five (5) or more residential units, including single-family, multifamily, and mobile homes for sale or rent, pursuant to this article.

(k)

"Low-income" means less than eighty (80%) percent of the area median income as defined by Section 50079.5 of the California Health and Safety Code.

(l)

"Low-income unit" means a unit with an affordable rent or payment that does not exceed thirty-five (35%) percent of eighty (80%) percent of area median income adjusted for family-size appropriate for the unit as established by the State Department of Housing and Community Development.

(m)

"Lower income household" means households whose income does not exceed the lower income limits applicable to Siskiyou 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.

(n)

"Market-rate unit" means a dwelling unit where the rent or sales price is not restricted either by this article or by requirements imposed through other local, state, or federal affordable housing programs.

(o)

"Maximum residential density" means the maximum number of residential units permitted by the general plan and zoning ordinance at the time of application, excluding the provisions of this article. If the housing development is within a planned development overlay zone, the maximum residential density shall be determined on the basis of the general plan and the maximum density of the underlying zone.

(p)

"Moderate-income" means less than one hundred twenty (120%) percent of the area median income as defined in Section 50093 of the California Health and Safety Code.

(q)

"Moderate-income unit" means a unit with an affordable housing cost that does not exceed thirty-five (35%) percent of one hundred twenty (120%) percent of area median income adjusted for family size appropriate for the unit as established by the State Department of Housing and Community Development.

(r)

"Qualifying resident" means senior citizens or other persons eligible to reside in senior citizen housing.

(s)

"Senior citizen housing" means a housing development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et seq., including 12955.9 in particular), which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the Federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing regulations (24 CFR, part 100, subpart E), and as that phrase is used in California Civil Code Section 51.2 and 51.3.1.

(t)

"Very low-income" means less than fifty (50%) percent of the area median income as defined in Section 50105 of the California Health and Safety Code.

(u)

"Very low-income unit" means a unit with an affordable rent or payment that does not exceed thirty (50%) percent of fifty (50%) percent of the area median income adjusted for family-size appropriate for the unit as established by the State Department of Housing and Community Development.

(Ord. No. 13-11, § I, 8-6-2013)

The County shall either grant a density bonus and concessions or incentives as set forth in Section 10-6.5904 or provide other incentives or concessions of equivalent financial value based upon the land cost per dwelling unit, when the applicant for the housing development seeks to construct at least any one of the following:

(a)

Ten (10%) percent of the total units of a housing development for lower income households;

(b)

Five (5%) percent of the total units of a housing development for very low income households;

(c)

A senior citizen housing development;

(d)

Ten (10%) percent of the total dwelling units in a condominium project as defined in subdivision (f), or in a planned development as defined in subdivision (k) of Section 1351 of the Civil Code, for persons and families of moderate income provided that all units in the development are offered to the public for purchase.

(Ord. No. 13-11, § I, 8-6-2013)

(a)

Project-Specific Density Bonus. A housing development that satisfies all applicable provisions of this article shall be entitled to the following density bonus:

(1)

For developments providing lower income target units, a twenty (20%) percent base density bonus plus a one and one-half (1.5%) percent supplemental increase over that base for every one percent increase in low income units above ten (10%) percent. The maximum density bonus allowed including supplemental increases is thirty-five (35%) percent;

(2)

For developments providing very low income target units, a twenty (20%) percent base density bonus plus a two and one-half (2.5%) percent supplemental increase over that base for every one percent increase in very low income units above five (5%) percent. The maximum density bonus allowed including supplemental increases is thirty-five (35%) percent;

(3)

For senior developments, a twenty-five (25%) percent base density bonus plus a two and one-half (2.5%) percent supplemental increase over that base for every one percent increase in senior units. The maximum density bonus allowed including supplemental increases is thirty-five (35%) percent;

(4)

For condominium/planned developments providing moderate income target units a five (5%) percent base density bonus plus a one percent increase in moderate income units above ten (10%) percent. The maximum density bonus allowed including supplemental increases is thirty-five (35%) percent.

(b)

Number of Other Incentives or Concessions. In addition to the eligible density bonus percentage described above, an applicant may request incentives or concessions in connection with its application for a density bonus:

(1)

One incentive or concession for housing developments that include at least ten (10%) percent of the total units for lower income households, at least five (5%) percent for very low income households, or at least ten (10%) percent for persons or families of moderate income in a condominium or planned development.

(2)

Two (2) incentives or concessions for housing developments that include at least twenty (20%) percent of the total units for lower income households, at least ten (10%) percent for very low income households, or at least twenty (20%) percent for persons or families of moderate income in a condominium or planned development.

(3)

Three (3) incentives or concessions for projects that include at least thirty (30%) percent of the total units for lower income households, at least fifteen (15%) percent for very low income households, or at least thirty (30%) percent for persons or families of moderate income in a condominium or planned development.

(c)

Available Incentives and Concessions. The following incentives and concessions are available for compliance with this article:

(1)

A reduction in the site development standards or a modification of Section 10-6.5903 requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13, including, but not limited to, a reduction in setback and square footage requirements and in ratio of vehicle parking spaces that would otherwise be required and that results in identifiable, financially sufficient, and actual cost reductions.

(2)

Approval of mixed-use development in conjunction with the housing development if the nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing development and surrounding development.

(3)

Other regulatory incentives or concessions proposed by the applicant or that the County determines will result in identifiable, financially sufficient, and actual cost reductions.

(4)

Priority processing of a housing development that provides income-restricted units.

(d)

Denial of Request for Incentives or Concessions. The County shall grant incentive(s) or concession(s) requested by the applicant unless the County makes a written finding, based upon substantial evidence, of either of the following:

(1)

The incentive or concession is not required in order to provide for affordable housing costs or affordable rents.

(2)

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

(3)

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

(e)

Density Bonus for Donation of Land.

(1)

When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the County in accordance with this subdivision, the applicant shall be entitled to an increase of fifteen (15%) percent above the otherwise maximum allowable residential density for the entire development.

(2)

An applicant shall only be eligible to receive the density bonus described in this subsection if all the conditions listed in subsections (A) through (D) of Section 65915(g)(2) of the California Government Code are met.

(3)

Nothing in this subsection shall be construed to enlarge or diminish the authority of the County to require a developer to donate land as a condition of development.

(f)

Additional Density Bonus and Incentives or Concessions for Development of Child Care Facility.

(1)

Housing developments meeting the requirements of Section 10-6.5903 and including a child care facility that will be located on the premises of, as part of, or adjacent to, the housing development shall receive either of the following:

(i)

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

(ii)

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

(2)

The density bonus housing agreement for the housing development shall ensure that:

(i)

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 target units are required to remain affordable; and

(ii)

Of the children who attend the child care facility, the children of very low income households, lower income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of target units that are required pursuant to Section 10-6.5903.

(3)

The County shall not be required to provide a density bonus or incentive or concession for a child care facility if it makes a written finding, based upon substantial evidence, that the community has adequate child care facilities.

(g)

General Provisions Related to Density Bonuses and Incentive and Concessions.

(1)

All density calculations resulting in fractional units shall be rounded up to the next whole number.

(2)

The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval.

(3)

The density bonus shall not be included when determining the number of housing units that is equal to five (5%) percent or ten (10%) percent of the total.

(4)

Upon request by the applicant, the County shall not require that a housing development that meets the requirements of Section 10-6.5903 provide a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following:

(i)

Zero (0) to one bedrooms: one on-site parking space;

(ii)

Two (2) to three (3) bedrooms: two (2) on-site parking spaces;

(iii)

Four (4) and more bedrooms: two and one-half (2.5) parking spaces.

If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.

(5)

The County shall not apply any development standard that would have the effect of precluding the construction of a housing development meeting the requirements of Section 10-6.5903 at the densities or with the incentives permitted by this article. An applicant may submit to the County a proposal for the waiver or reduction of development standards. Nothing in this subsection, however, shall be interpreted to require the County to waive or reduce development standards if the waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which the County determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Furthermore, the applicant shall be required to prove that the waiver or modification is necessary to make the target units economically feasible.

(Ord. No. 13-11, § I, 8-6-2013)

As required by State law (Section 65915(j) of the California Government Code), the location of density bonus units within the housing development may be at the discretion of the developer. However, the inclusionary units shall be reasonably dispersed throughout the development (where feasible), shall contain on average the same number of bedrooms as the noninclusionary units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials and quality finish.

(Ord. No. 13-11, § I, 8-6-2013)

(a)

If a housing development providing lower or very low income target units receives only a density bonus, the target units must remain restricted to lower or very low income households for a minimum of thirty (30) years from the date of issuance of the certificate of occupancy.

(b)

If a housing development providing lower or very low income target units receives both a density bonus and an additional incentive, the target units must remain restricted to lower or very low income households for a minimum of fifty (50) years from the date of issuance of the certificate of occupancy.

(c)

In the case of a housing development providing moderate income target units, the initial occupant of the target unit must be a person or family of moderate income. Upon resale, the seller of the target units shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation, which shall be used within three (3) years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote home ownership. The County's proportionate share shall be equal to the percentage by which the initial sale price of the moderate income household was less than the fair market value of the home at the time of the initial sale.

(Ord. No. 13-11, § I, 8-6-2013)

The density bonus request shall be considered by the Board of Supervisors along with the required density bonus agreement after the designated approving authority approves any necessary permits. The form and content of the density bonus agreement shall be determined by the County.

(Ord. No. 13-11, § I, 8-6-2013)