HomeMy WebLinkAbout91-102WHEREAS, the Butte County General Plan Housing Element identifies a
need for low and moderately priced housing and housing for senior citizens; and
WHEREAS, Government Code Section 65915 generally provides that when
a developer of housing agrees to construct at least (1) 20% of the total units of a
housing development for persons and families of lower income households, as defined in
Section 50079.5 of the Health and Safety Code, or (2) 10% of the total units of a
housing development for very low income households, as defined in Section 5fl105 of the
Heahh and Safety Code, or (3) 50% of the total dwelling units of a housing development
for senior citizens, as defined in Section 51.2 of the Civil Cade, the County shall either
(1) grant a density bonus of at least 25% and at least one of the incentives listed in
Section 65915 (h) of the Health and Safety Cade, unless the County makes a written
finding that the additional incentive is not required in order to provide affordable
housing costs as defined in Section 50052.5 of the Health and Safety Code ar for rents
for the targeted units to be set as specified in subdivision (c}, or (2) provide other
incentives of equivalent financial value based upon land cast per dwelling unit;. 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, and very low income households, sensor citizens and handicapped persons.
RESOLUTION REPEALING RESOLUTION NO. 85-207
AND ADOPT RESOLUTION 91-102 AS THE NEW
RESIDENTIAL DEVEIAPMENT DENSITY PROGRAM
NOW, THEREFORE, 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 SO% of the median household income
as defined by the Unites States Department of Housing and Urban Development for all
households in Butte County under Seciian 8 of the Unites States Housing Act of 1937
or its successor.
B. Household. Very 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. Housin Affordable. Housing with a contract rent or price
which is affordable by very low, lower, and moderate income households.
D. Housing Cost. Contract rent or total house payment (includes
homeowners' insurance, taxes and bonded indebtedness).
E. Housing. Rental. Any unit in any real property, including the land
appurtenant thereto, rented or available for rent for residential use or occupancy.
F. Senior Citizen. A person 62 years of age or older, or 55 years
of age or older in a senior citizen housing development.
G. Senior Citizen Couple. Persons cohabitating where at least one
of the persons is 52 years or older and the second person is no less than 30.
H. Senior Citizen Hausin~ Development. A residential development,
other than mobile homes, of at least 35 dwelling units for senior citizens.
SECTION 2. DENSITY BONUS AND OTHER INCENTIVES FOR
PROVISION OF AFFORDABLE 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 District within an adopted 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: ~
2
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 Exclusively for Senior Ci#izens.
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 (1) 10% of the total units
of a housing development for persons of very low income as defined in Section 1.B or
(2) 20% of the total units of a housing development for lower income households as
defined in Section l.A or (3) 50% of the total dwelling units of a housing development
for senior citizens as defined in'Sections 1.F and l.G.
D. In accordance with Government Code Section 65915 (h), concession
or incentive means any of the following:
(1) A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements which
exceed the minimum building standards approved by the State
Building Standards Commission as provided in Part 2.5 (commencing
with Section 18901) of Division 13 of the Health and Safety Code,
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.
{2) 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 the existing or planned development in the area where the
proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the developer
or the city, county, or city and county which result in identifiable cost
reductions.
3
This subdivision does not limit or require the provision of direct
financial incentives for the housing development, including the
provision of publicly owned land, by the city and county or the
waiver of fees or dedication requirements.
SECTION 3. LIMITATIONS ON THE USE OF DENSITY BONUS
PROGRAMS.
A. In no case shall the density bonus for the Provision of Affordable
Housing, and Housing Exclusively for Senior Citizens permitted by Section 4 be used in
conjunc#ion with other programs or laws that grant density increase, and
B. Far 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. STANDARDS FOR CALCULATING THE PERMITTED
NUMBER OF DENSITY UNITS GRANTED FOR PROVISION OF AFFORDABLE
HOUSING. Maximum density bonus shall be tied to the General Plan designs#ion as
follows:
L-D-R 1 - 6 d.c./ac. 7.S d.u./ac.
M-D-R 7 - 13 d.u./ac. 16.25 d.u./ac.
H-D-R 14-20 d.u./ac. 25 d.u./ac.
SECTION S. STANDARDS FOR AFFORDABLE HOUSING. All
standards as established by the Butte County Housing Authority shall be ,complied wiih.
SECTION 6. DEVELOPMENT STANDARDS. A density bonus shall only
be granted to developments served by public or community water and sewer systems.
The minimum lot sizes under the density bonus 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 shall be paid by the developer as a condition of approval of any
density bonus. This fee shall be established based on the monitoring program agreed
upon by the developer, the County and the Housing Authority. No fee shall be
refundable in the event the developer withdraws his/her proposal for a density bonus or
his/her proposal is denied.
4
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, this 1,7th day of Septe€nber, 1991, by the following vote:
AYES: Supervisors McInturf, Moux, P~IcLaughlin, Fulton and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
County Board of Supervisors
ATTEST: William H. Randolph, C ' of Administrative Officer
and Clerk f the Board
By:
S