§ 26-89-060. Affordable Housing Incentives

A residential project that provides affordable housing onsite in compliance with the affordable housing requirements of Section 26-89-040 (Affordable Housing Requirements), or the requirements of a density bonus program under Section 26-89-050 (Density Bonus Programs), may be granted incentives in compliance with this Section.

A.

Guaranteed incentives. The following incentives are guaranteed for each residential project providing on-site affordable housing in compliance with Subsection 26-89-040.C. (Affordable Housing Requirements: Number of affordable units required), Subsection 26-89-050.C. (State density bonus program), Subsection 26-89-050.D. (Supplemental density bonus program), Subsection 26-89-050.E. (Mixed use project density bonuses) or Subsection 26-89-050.F. (Housing Opportunity Area Program bonuses):

1.

"Fast-tracking" of land use permit, subdivision, and construction permit applications for the affordable housing development by all County departments, provided that an affordable rental project shall have priority over an affordable ownership project;

2.

Concurrent processing, where projects require multiple permits or environmental review; and

3.

Preference to affordable housing developments in priority development areas.

B.

Additional Incentives.

1.

In addition to the incentives guaranteed under Subsection A, the review authority shall also grant one of the following incentives to each residential project providing on-site affordable housing in compliance with Section 26-89-040.C. (Affordable Housing Requirements: Number of affordable units required), Section 26-89-050.C. (State density bonus program), 26-89-050.D. (Supplemental density bonus program), 26.89.050 E. (Mixed use project density bonuses) or Section 26-89-050.F. (Housing Opportunity Area Program bonuses):

a.

Elimination of covered parking requirements;

b.

A 20 percent reduction of any open space requirements;

c.

A 20 percent reduction of the minimum parcel size or minimum parcel width;

d.

A five-foot reduction in side yard setbacks and a 10-foot reduction in front yard setbacks, provided that adequate access to light is maintained for all units as determined by Design Review; and further provided that no front yard setback shall be less than 10 feet, no garage shall be set back less than 20 feet, and adequate sight distance is maintained; or

e.

Allowance of other regulatory incentives or measures that can be shown to result in identifiable and actual cost reductions.

2.

In addition to the incentives guaranteed under Subsection A, the review authority shall grant two incentives under this Subsection B to each residential project that provides:

a.

30 percent of the base units for low-income households;

b.

15 percent of the base units for very low-income households; or

c.

30 percent of the base units for moderate income households in a condominium project or planned development.

3.

The review authority may grant two or more incentives under this Subsection if the applicant demonstrates that the development meets other Housing Element goals (e.g., provision of housing for seniors or special housing needs individuals, including the provision of housing meeting Universal Design standards), or provides greater or longer term affordability, or a greater number of affordable units than otherwise required. Incentives provided under this Subsection shall be proportional to the extent to which the project provides for additional affordable and/or special needs housing units and/or child care facilities. In the case of condominiums and planned developments, any waiver or modification of development standards approved for the condominium or planned development project shall be considered incentives under this Subsection.

C.

Request for specific incentive.

1.

An applicant eligible for an affordable housing incentive under this Subsection may submit a request for a specific incentive under Subsection B. and may request a meeting with the Department to discuss that request. The review authority shall grant the specifically requested incentive unless it finds any of the following:

a.

The incentive is not required in order to provide for the affordable housing costs or rents as provided in this Section; or

b.

The incentive would have a specific adverse impact, as defined in Government Code Section 65589.5 paragraph (2) of subdivision (d), upon public health or safety or the physical environment or upon any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the project unaffordable to low- and moderate income households.

c.

The incentive would be contrary to state or federal law.

2.

If the review authority finds that it cannot grant the specifically requested incentive, it shall grant a different incentive under Subsection B., which incentive it determines will best enhance the economic feasibility of the project or will allow greater or longer term affordability or a greater number of affordable units.

(Ord. No. 6085, § IV(Exh. C), 10-7-2014)