(a) 25% Bonus. Subject to Section 13.10.392, the maximum residential density allowable under the applicable zoning designation shall be increased by 25 percent for any density-bonus eligible development. In the coastal zone, a residential development which includes a density bonus in excess of 25 percent shall not be considered a principal permitted use and shall be appealable to the Coastal Commission. If there is an inconsistency between the density allowed under the land use element of the General Plan and the applicable Zone District, the density allowed under the land use element of the General Plan shall prevail. The density bonus shall be calculated based on the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as they apply to the project site. The otherwise maximum allowable residential density shall mean the maximum potential density modified by applying all site-specific environmental development constraints identified within the zoning ordinances and land use element, including all applicable Local Coastal Program policies and implementing ordinances as certified by the Coastal Commission. In the coastal zone, any housing development approved pursuant to Government Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable certified local coastal program policies and development standards. Approval of development proposed under this section shall require a finding that the development, if it had been proposed without the 25 percent density increase, would have been fully consistent with the policies and development standards of the certified local coastal program. In cases where a 25 percent density increase is granted pursuant to Government Code Section 65915 which results in development inconsistent with otherwise applicable certified local coastal program policies and development standards, such as height, parking and setback requirements, the relief granted from such standards shall be considered an additional incentive under Government Code Section 65915 (h).
(b) Eligible Developments. A density bonus-eligible development shall be a housing development consisting of five or more dwelling units, where:
(1) At least 20 percent of the total housing development units, before the density bonus is applied, will be affordable to lower income households, as defined in California Health and Safety Code Section 50093 (or a successor provision); or
(2) At least 10 percent of the total housing development units, before the density bonus is applied, will be affordable to very low income households, as defined in California Health and Safety Code Section 50093 (or a successor provision); or
(3) At least 50 percent of the units will be for qualifying residents (seniors age 62 or older).
(c) Additional Bonus for 100%--Affordable Projects for Qualifying Residents (seniors age 62 or older). If all the units in a density bonus-eligible development will be: (1) affordable to persons of lower or very low income, and (2) reserved for occupancy by qualifying residents, the 25 percent density bonus provided by Subsection (a) shall be increased to 50 percent.
(d) Units Not Counted. Units required to be affordable to lower or very low income households pursuant to Chapter 12.06 (The County Demolition Ordinance) of this Code or California Government Code Section 65590 (or a successor provision) shall not be counted in computing the minimum percentages required for a density bonus. (Ord. 4346, 12/13/94; Ord. 4761 § 29, 5/18/04)