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HomeMy WebLinkAbout85-207RESOLUTION NO,. 85-207 RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISdRS ADOPTING A POLICY IMPLEMENTING A RESIDENTIAL DEVELOPMENT DENSITY PROGRAM WHEREAS, the 1984 Housing Element identifies a need for low and moderately priced housing and housing for senior citizens; and WHEREAS, the provision of housing affordable to low or moderate income families and senior citizens requires the cooperation of government; and WHEREAS, Government Code Section 65915 generally provides that when a developer of housing agrees to construct at least C1) 25% of the total units of a housing development for persons and families of low or moderate income, as defined in Section 50095 of the Health and Safety Code, or t2) 10% of the total units of a housing development for lower-income households, as defined in Section 50079.5 of the Health and Safety Code, or (S) 50% of the total dwelling units of a housing development for senior citizens, as defined in Section 51.2 of the Civil Code, a city, county, or city and county shall either C1) grant a density bonus or C2) provide other incentives of equivalent financial value; and WHEREAS, the County of Butte desires to work with the Butte County Housing Authority in administering anY density bonus program; and WHEREAS, the Butte County Board of Supervisors~~wishes to set policy regarding implementation of a density bonus program, ensuring housing opportunities for low, very low and moderate income households, senior citizens and handicapped persons. NOW, THI=REFORE, the Board of Supervisors resolves: SECTION 1. The following definitions are set forth: A. Household, Lower Income. A household with an income adjusted for household size which does not exceed 80% of the median household income as defined by the United States Department of Housing and Urban Development for all households in Butte County under Section 8 of the United States Housing Act of 1937 or its successor. l3. Wousehold, Verv Low Income. A household with an income, adjusted for household size, which does not exceed 50% of the median household income as defined by the United States Department of Housing and Urban Development for all households in Butte County. C. Household Moderate Income. A household with an income, adjusted for household size, which does not exceed 120% of the median household income as defined by the United States Department of Housing and Urban Development for all households in Butte County. D. Housing. Affordable. Housing with a contract rent or price which is affordable by very low, lower and moderate income households. E. Housing Cost. Contract rent or total house payment (includes homeowners' insurance, taxes and banded indebtedness). F. Housing, Rental. Any unit in any real property, including the land appurtenant thereto, rented or available for rent for residential use or occupancy. -2- G. Senior Citizen. A person 62 years ar age or older, or 55 years of age or older in a senior citizen housing development. H. Senior Citizen Couple. Persons cohabitating where at least one of the persons is 62 years or alder and the second person is no less than 30. I. Senior Citizen Housing Uevelapment. A residential development, other than mobile homes, of at least 35 dwelling units far senior aitizens. SECTION 2. DENSITY BONUS AND OTHER INCENTIVES FOR PROVISION OF AFFORDABLI= HOUSING, AND HOUSING EXCLUSIVELY FOR SENIOR CITIZENS. Consistent with policies of the Housing Element of the General Plan, housing development located in R-1, R-2, R-3, R-4, A-R, S-R and ASR or Residential P-U-D Districts within an adopted sy:, sphere of influence for a city or town may be granted a density bonus for affordable housing and housing exclusively for senior citizens, provided the following= A. A development agreement as provided in Resolution 81--229 shall be required to qualify for the Density Bonus for Provision of Affordable Housing, and Housing F_xclusively for Senior Citizens. B. The granting of a development agreement shall meet the standards and requirements required by Government Code Section 65915 as amended from time to time and all standards established by the Butte County Housing Authority. C. The developer agrees to construct at least C1) 25~ of the total units of a housing development for persons of low or moderate income as defined in Sections 1.B and 1.C or (2) 10q of the -3- total units of a housing development for lower income households as defined in Section 1.A or C,S} 50r of the total dwelling units of a housing development far senior citizens as defined in Sections 1.G and 1.H. SECTION 3. LIMITATIONS ON THE USE OF DENSITY BONUS PROGRAMS. A. l:n na case shall the density bonus for the Provision of Affordable Housing, and Housing Exclusively for Senior Citizens permitted by Section 4 be used in conjunction with other programs or laws that grant density increase, and B. For housing developments where only a percentage of the project is rental or housing exclusively far senior citizens, the density bonuses, standards and requirements shall only apply to that percentage of the project. SECTION 4. STANDAf2DS FOR CALCULATING THE PERMITTED NUMBER OF DENSITY UN-ITS GRANTED FOR PROVISION OF AFFORDABLE HOUSING. Maximum density bonus shall be tied to the General Plan designation as follows: Without Bonus With Bonus L-D-R 1- 6 d.u.lac. 7.5 d.u./ac. M-D-R 7-13 d.u./ac. 16.25 d.u.lac. H-D-~R 14-20 d.u./ac. 25 d.u./ac. SECTION 5_ DEVELOPMENT STRNDARDS FOR AFFORDABLE HOUSING. A11 standards as established by the Butte County Housing Authority shall be complied with. -4- SECTION 6. DEVELOPMENT STANDARDS. A density bonus shall only be granted to developments served by pubtic or community water and sewer systems. The minimum lot sizes under the density bnnus program shall be in conformity with Butte County Code Section 24 et seq. SECTION 7. FEES. All County fees shall be paid by the developer at the time of application for a density bonus.. Those fees established by the Butte County Housing Authority steal} be paid by the developer as a condition of approval of any density bonus. No fee shall be refundable in the event the developer withdraws his/her proposal for a density bonus or his/her proposal is denied. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 17th daY of December , 19 85 , by the following vote: AYES: Supervisors Dolan, Mclaughlin, Wheeler and Chairman Fulton NOES: None ABSENT: None Nor VOTING: Supervisor M In rf ~~~:. EN FULTO , Chairman Butte County Board of Supervisors ATTEST: Martin J. Nichols, Chief Administrative Officer and Clerk of the Board -5-