§ 8116-2.5.1. Density bonus criteria for land donation for very low income housing.

For a density bonus for a qualified land donation to be granted pursuant to Section 8116-2.5.2, all of the requirements of this Section must be met.

(a)

The applicant must be applying for a tentative subdivision map, parcel map, or other residential development approval. (Government Code Section 65915(g)(1).)

(b)

The application must include at least a ten (10) percent minimum affordable housing component for very low income households. (Government Code Section 65915(g)(1).)

(c)

The applicant must agree to donate and transfer qualified land which is land that meets both of the following criteria:

(1)

The developable acreage and zoning classification of the land being transferred must be 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 pursuant to Section 8116-2.5.1(a) (Government Code Section 65915(g)(2)(B)); and

(2)

The transferred land must be at least one (1) acre in size or of sufficient size to permit development of at least forty (40) units, have the appropriate General Plan designation, be appropriately zoned with appropriate development standards for development at the density described in Government Code Section 65583.2(c)(3), and is or will be served by adequate public facilities and infrastructure (Government Code Section 65915(g)(2)(C)).2)(C)).

(d)

The qualified land must be transferred to the County or to a housing developer approved by the County. The County may require the applicant to identify and transfer the land to an approved housing developer. (Government Code Section 65915(g)(2)(F).)

(e)

The qualified land must have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing affordable units on the qualified land, not later than the date of approval of the final subdivision map, parcel map, or residential development application filed pursuant to Section 8116-2.5.1(a). However, the County may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the County prior to the time of transfer. (Government Code Section 65915(g)(2)(D).)

(f)

The qualified land must be donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application filed pursuant to Section 8116-2.5.1(a). (Government Code Section 65915(g)(2)(A).)

(g)

The qualified land and the affordable units must be subject to a deed restriction ensuring continued affordability of the units consistent with Section 8116-9, which must be recorded against the qualified land at the time of the transfer. (Government Code Section 65915(g)(2)(E).)

(h)

The qualified land must be within the boundary of the proposed development or, if the County agrees, within one-quarter (¼) mile of the boundary of the proposed development. (Government Code Section 65915(g)(2)(G).)

(i)

A proposed source of funding for the very low income household units must be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application filed pursuant to Section 8116-2.5.1(a). (Government Code Section 65915(g)(2)(H).)

(Ord. No. 4455, § 7, 10-22-2013)