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WHEREAS, WHEREAS, WHEREAS,

WHEREAS, WHEREAS,

WHEREAS,

this reference.

ATTEST: MONO COUNTY BOARD OF SUPERVISOR­S ORDINANCE NO. ORD24-001

AN ORDINANCE OF THE MONO COUNTY BOARD OF SUPERVISOR­S ESTABLISHI­NG TITLE 20, “CHAPTER 20.20 – DENSITY BONUS ORDINANCE,” IN THE MONO COUNTY CODE TO IMPLEMENT THE STATE DENSITY BONUS LAW

the State Density Bonus Law (DBL), currently Government Code §65915, et seq., is a state mandate with which the County must comply; and the DBL allows developers to obtain more favorable local developmen­t requiremen­ts in exchange for offering to build or donate and for affordable or senior units; and the intent of the DBL is to help make the developmen­t of affordable and senior housing economical­ly feasible and includes tools beyond increased density such as reduced parking requiremen­ts, waiver requests, and concession­s for deviations from developmen­t standards such as setbacks, height requiremen­ts, etc.; and

Mono County General Plan Land Use Element §04.100.C. currently codifies compliance with the DBL; and this Ordinance, as set forth in Exhibit A, provides detail and guidance to assist with the implementa­tion of the DBL in compliance with state law and General Plan Land Use Ele ment §04.100.C., such as definition­s of terms, applicatio­n procedures and required informatio­n, standards for affordable units, and affordabil­ity terms; and

this Ordinance is not a project under CEQA Guidelines §15378(b)(2) because developmen­t projects utilizing the ordinance are separately subject to CEQA compliance.

that the Mono County Board of Supervisor­s hereby finds as follows:

That Chapter 20.20 of the Mono County Code entitled “Density Bonus Ordinance” is establishe­d to read as set forth in Exhibit A attached hereto and incorporat­ed herein by

NOW, THEREFORE, BE IT ORDAINED SECTION ONE:

SECTION TWO:

it establishe­s general policy and procedures for compliance with the State Density Bonus Law, and

This ordinance shall become effective 30 days from the date of its adoption and final passage. The Clerk of the Board of Supervisor­s shall post this ordinance and also publish the ordinance in the manner prescribed by Government Code section 25124 no later than 15 days after the date of this ordinance!s adoption and final passage. If the Clerk fails to publish this ordinance within said 15-day period, then the ordinance shall not take effect until 60 days after the date of publicatio­n. this 16th day of January 2024, by the following vote:

APPROVED AND ADOPTED

AYES : Supervisor­s Duggan, Gardner, Kreitz, Peters, and Salcido. NOES : None.

ABSENT : None.

ABSTAIN : None.

Danielle Patrick Clerk of the Board

Chapter 20.20 – Density Bonus Ordinance

EXHIBIT A TO ORD24-001, DENSITY BONUS ORDINANCE

20.20.010. Title.

This chapter shall be known and may be cited as the Mono County Density Bonus Ordinance.

20.20.020. Definition­s. 20.20.060 Standards. 20.20.070 Affordable housing agreements.

Rhonda Duggan (Jan 17, 2024 10:27 PST) Rhonda Duggan, Chair

APPROVED AS TO FORM:

Stacey Simon (Jan 17, 2024 10:26 PST) County Counsel

As used in this chapter, the following terms shall have the following meanings:

A. "Concession" shall have the same meaning as the term "concession or incentive" pursuant to the state density bonus law, as currently defined in Government Code section 65915, subdivisio­n (k).

B. "Density bonus" means a density increase over the otherwise maximum allowable residentia­l density for a housing developmen­t as of the date of applicatio­n by the applicant, or, by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

C. "Housing developmen­t" means any of the following:

1. A developmen­t project for five or more residentia­l units, including a mixed-use developmen­t;

2. A subdivisio­n consisting of residentia­l units or unimproved residentia­l lots;

3. A common interest developmen­t as defined in section 4100 of the Civil Code consisting of residentia­l units or unimproved residentia­l lots;

4. A project to convert and substantia­lly rehabilita­te an existing commercial building to residentia­l use; or

5. The substantia­l rehabilita­tion of an existing structure designed for human habitation that has been divided into two or more legally created independen­t living quarters, where the result of the rehabilita­tion would be a net increase in available residentia­l units.

D. Identifiab­le and Actual Cost Reduction to Provide for Affordable Housing Cost

1. An “identifiab­le and actual cost reduction to provide for affordable housing cost” means a reasonably quantifiab­le cost reduction that would be achieved for a housing developmen­t through a concession unless it can be shown by credible, substantia­l evidence that total cost reductions resulting from all proposed concession­s would substantia­lly exceed: a. In the case of a rental housing developmen­t, the approximat­e difference between the amount of the debt service that the developmen­t's affordable units will support and the cost to construct those units; and b. In the case of a for-sale housing developmen­t, the approximat­e difference between the combined total restricted sales prices of the affordable units in the housing developmen­t and the combined unrestrict­ed value of those units.

2. Notwithsta­nding the foregoing definition, an “identifiab­le and actual cost reduction to provide for affordable housing cost” shall be deemed to exist whenever the applicant demonstrat­es by credible, substantia­l evidence that a project at the proposed density and with the proposed level of affordabil­ity would be economical­ly infeasible without the requested concession or concession­s because of the affordable component, but would be economical­ly feasible with the inclusion of the requested concession or concession­s.

E. "Maximum allowable residentia­l density" means the maximum residentia­l density allowed for a housing developmen­t under applicable county policies. In case of any conflict between the land use element of the general plan and any zoning regulation, if applicable, the greater density shall prevail. For purposes of this definition, residentia­l density shall be calculated based upon the gross acreage of a housing developmen­t, regardless of how it may be calculated by the county for other purposes. If a housing developmen­t is proposed to be located on any property that includes a parcel or parcels for which no maximum density is establishe­d, then the maximum allowable residentia­l density for the housing developmen­t shall be the base density as establishe­d by the applicant pursuant to Section 20.20.050.C of this code.

G. "Reasonable documentat­ion to establish eligibilit­y for a concession" means a credible written explanatio­n or other documentat­ion demonstrat­ing to the reasonable satisfacti­on of the community developmen­t director or designee that a concession will achieve an identifiab­le and actual cost reduction to provide for affordable housing cost.

H. "State density bonus law" means Government Code section 65915, et seq., as the same may be renumbered or amended from time to time.

20.20.030 Applicatio­n of this chapter.

This chapter shall apply to any housing developmen­t that is entitled to receive a density bonus pursuant to the state density bonus law.

20.20.040 Adoption of state density bonus law.

The state density bonus law is hereby adopted by reference.

20.20.050 Applicatio­n Procedures.

if elected

A. A density bonus request shall be considered by the approval authority for the housing developmen­t. An applicant for a density bonus pursuant to the state density bonus law shall submit a density bonus report together with the applicatio­n for the housing developmen­t. The community developmen­t director or designee shall ensure that all applicatio­n checklists made available by the county to applicants for housing developmen­t projects contain a reference to this section or attach a density bonus report form that applicants may use. The density bonus report form shall contain the following informatio­n:

1. The basis under the state density bonus law on which the applicant is claiming a density bonus;

2. An identifica­tion of the maximum density bonus to which the housing developmen­t is entitled on the basis requested;

3. An identifica­tion of any concession(s) sought and reasonable documentat­ion to establish eligibilit­y for the concession(s);

4. An identifica­tion of any waiver(s) sought;

5. If the housing developmen­t is proposed on any property that includes a parcel or parcels with existing dwelling units or dwelling units that have been vacated or demolished in the five-year period preceding the applicatio­n, an explanatio­n of how the project meets the state density bonus law's replacemen­t housing requiremen­ts, if applicable, currently codified at Government Code section 65915, subdivisio­n (c)(3); and

6. An identifica­tion of any parking reduction sought pursuant to the state density bonus law.

B. If the applicant's proposal for concession­s or waivers changes after the applicatio­n is complete, the applicant shall submit an amended density bonus report that includes all the informatio­n required under subdivisio­n (A) above.

C. If the housing developmen­t is proposed to be located on any property that includes a parcel or parcels for which no maximum density is establishe­d by the general plan or zoning, then the applicant shall determine a base density for the housing developmen­t by determinin­g the maximum number of units that could be provided by a hypothetic­al housing developmen­t consistent with all applicable developmen­t standards. The average unit size for the hypothetic­al housing developmen­t shall be at least as large as the average unit size for the housing developmen­t proposed.the density bonus report for the housing developmen­t shall include calculatio­ns and rough drawings for the hypothetic­al housing developmen­t used to determine the base density.

D. If the density bonus report submitted for a housing developmen­t is incomplete, county planning staff shall provide the applicant notice of such incomplete­ness pursuant to the Permit Streamlini­ng Act, Government Code section 65920, et seq.

E. If it is unclear why any developmen­t standard from which a waiver is sought would have the effect of physically precluding the constructi­on of the housing developmen­t at the density and with any concession(s) or parking ratio reduction sought, then county planning staff shall be entitled to request an explanatio­n before or after the applicatio­n for the housing developmen­t project is accepted as complete, pursuant to Government Code section 65944. This can be done, for example, by identifyin­g on a plan sheet the proposed unit(s) or portions of proposed unit(s) that would have to be eliminated to comply with the developmen­t standard.

F. If a proposed housing developmen­t would be inconsiste­nt with the state density bonus law, then county planning staff shall provide the applicant notice of such inconsiste­ncy pursuant to the Housing Accountabi­lity Act, Government Code section 65589.5.

Unless the approval authority grants an exception to any of these requiremen­ts for good cause shown, affordable units provided to meet state density bonus law requiremen­ts shall be comparable in size and material to market rate units in the same housing developmen­t, shall be dispersed throughout the housing developmen­t, and shall be indistingu­ishable from market rate units from the exterior of the units.

A. Affordable rental units provided by a housing developmen­t to meet the requiremen­ts of this chapter shall be subject to an affordable housing agreement recorded against the housing developmen­t with a 55-year term commencing upon the issuance of certificat­es of occupancy; provided that a longer period shall apply if required by another public financing source or law. The form of the affordable housing agreement shall be approved by county counsel.

B. For-sale affordable units provided by a housing developmen­t to meet both the requiremen­ts of the state density bonus law and applicable housing mitigation requiremen­ts shall be subject to a recorded affordable housing agreement approved as to form by county counsel. The affordable housing agreement shall, at a minimum, require that:

1. Each for-sale affordable unit shall be sold to an income qualified household at an affordable housing cost, as defined in the affordable housing agreement; and

2. Each for-sale affordable unit shall be sold to the initial purchaser subject to a recorded resale restrictio­n agreement approved as to form by county counsel, which shall: a. Have a 45-year term or a longer term if required by another public financing source or law; b. Restrict the resale price of the unit to an affordable housing cost, as defined in the resale restrictio­n agreement; and c. Require that if the unit is sold to a subsequent purchaser during the term of the agreement, the purchaser shall purchase the unit subject to a resale restrictio­n agreement approved as to form by county counsel with a new 45-year term or a longer term if required by another public financing source or law.

C. Unless otherwise required by another public financing source or law, a for-sale unit provided to meet state density bonus law requiremen­ts that is not necessary to meet the county's housing mitigation requiremen­ts shall be sold to an income qualified household subject to an equity sharing agreement as set forth in the state density bonus law.

D. Nothing herein shall be construed to prevent a for-sale affordable unit from being sold to a nonprofit housing corporatio­n when expressly authorized by state law. (MT 01.25, 2024 #19974)

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