19.27.035 Additional density bonus through donation of land.

(A) When an applicant for a tentative subdivision map, parcel map, or other residential development donates land to the city, as provided for in this section, the applicant shall be entitled to a fifteen percent increase above the maximum residential density under the applicable zoning and the land use element of the general plan for the entire development, as follows:

Table 19.27.035

Affordable Housing Land Donation

(B) The land dedication density bonus shall be in addition to any increase in density mandated by Section 19.27.010(C), up to a maximum combined density increase of thirty-five percent, if an applicant seeks increases required pursuant to both this section and Section 19.27.010(C).

(1) All density calculations resulting in fractional units shall be rounded up to the next whole number.

(2) Nothing in this section shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

(C) An applicant shall be eligible for an increased density bonus described in this section if all of the following conditions are met:

(1) The applicant donates and transfers land no later than the date of approval of the final subdivision map or parcel map or residential development application.

(2) The developable acreage and zoning classification of the transferred land will provide at least ten percent of the residential units in the proposed development to be affordable to very low-income households.

(3) The transferred land is at least one acre or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure.

(a) The land must have appropriate zoning and development standards to make the development of the affordable units feasible.

(b) No later than the final subdivision map, parcel map, or of the residential development approval date, the transferred land must have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design permit, to the extent authorized by California Government Code Section 65583.2(i), if the design is not reviewed by the city prior to the time of transfer.

(4) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 19.27.010(E)(1) and (2), which restriction shall be recorded on the property at the time of the transfer.

(5) The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to such housing developer.

(6) The transferred land must be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.

(7) A proposed very low-income unit funding source shall be identified no later than the final subdivision map, parcel map, or residential development application approval date.