DENSITY BONUS AND AFFORDABLE HOUSING AGREEMENTS
Sections:
20.440.010 Purpose.
20.440.020 General provisions.
20.440.030 Application procedures.
20.440.040 Action by board.
20.440.050 Required findings for approval.
20.440.060 Ongoing review.
20.440.070 Amendments to approved density bonus and affordable housing agreements.
20.440.010 Purpose.
This chapter provides procedures and requirements for the consideration
of density bonus and affordable housing agreements for the purposes specified
in and as authorized by NRS. (Ord. 801, 1997; Ord. 763, 1996)
20.440.020 General provisions.
All density bonus and affordable housing agreements filed with the county
shall be in compliance with the following:
A. Only a qualified applicant may file an application. A qualified applicant
is a person who has a legal or equitable interest in the real property which
is the subject of the agreement, or an authorized agent of a person who has
a legal or equitable interest. The director may require an applicant to submit
a title report or other evidence satisfactory to the department to verify the
applicant’s interest in the real property and of the authority of the agent
to act for the applicant.
B. Where a density bonus or affordable housing request does not involve
an existing development, the application shall be filed concurrently with all
other development applications.
C. The density bonus or affordable housing agreement may only be requested
for development projects consisting of ten or more dwelling units, prior to
any density increase.
D. For the purposes of this chapter, a “density bonus” shall mean an increase
in residential density from that otherwise allowable under the master plan (the
base density) in return for provision of housing at affordable levels.
E. When determining the number of units which are affordable, the density
bonus shall not be included.
F. When calculating base density or density bonus numbers, any fractional
portion of a unit shall be rounded down.
G. In accordance with the housing element of the master
plan, density bonuses may be granted as follows:
1. A maximum 25 percent bonus for a project in which one of the
following are provided:
a. At least 20 percent of the units are affordable to households
earning between 51 percent and 80 percent of the county’s median income; or
b. At least 15 percent of the units are affordable to households
earning up to 50.9 percent of median income; or
c. At least 20 percent of the units are single-family residences
affordable for sale to households with a total household income of 110% or less
of the median household income.
2. For any density bonus or affordable housing agreement approved
under the provisions of this chapter, the developer shall agree to ensure continued
affordability of all restricted income density bonus units for no less than
30 years for rental projects and 15 years for projects involving the sale of
individual dwelling units. (Ord. 969, 2001; Ord. 801, 1997; Ord. 763, 1996)
20.440.030 Application procedures.
A. An application for a density bonus or affordable housing agreement
shall be made on a form provided for that purpose by the community development
department, along with the required fee or deposit established by resolution.
B. The application shall be accompanied by the original draft density
bonus or affordable housing agreement and any other submittal materials listed
on the application. The agreement shall be in the county approved form and
may include the following provisions as well as any other deemed necessary by
the county during review of specific proposals:
1. The terms and conditions of the agreement shall run with the
land which is to be developed, shall be binding upon any or all successor in
interest of the developer, and shall be recorded in the office of the county
recorder, prior to issuance of any building permits for the project;
2. The developer shall give the county the continuing right-of-first-refusal
to purchase or lease any or all of the designated units at the fair market value;
3. The deeds to the designated units shall contain a covenant stating
that the developer and his or her successors in interest shall not sell, rent,
lease, sublet, assign, or otherwise transfer any interest in the same without
the written approval of the county confirming that the sales price of the units
is consistent with the limits established for very low-, low- or moderate-income
households, which shall be related to the consumer price index;
4. The county shall have the authority to enter into other agreements
with the developer or purchasers of the dwelling units, as may be necessary
to assure that the required dwelling units are continuously occupied by eligible
households.
C. The community development department may require that the developer
provide additional information necessary for the board to determine whether
the density bonus agreement is consistent with the objectives of the adopted
master plan and any applicable specific plan. This may include, but is not limited
to, a market feasibility or absorption study for the proposed project. (Ord.
801, 1997; Ord. 763, 1996)
20.440.040 Action by board.
A. Upon receiving a recommendation from the community development department
on a proposed density bonus agreement, the board shall hold a public hearing.
The hearing shall be set and notice given as prescribed in chapter 20.20. The
hearing may be continued from time to time.
B. Following the closing of a public hearing, the board shall determine
if the density bonus agreement is consistent with the findings contained within
section 20.440.050. If determined to be consistent, the board shall introduce
an ordinance adopting the density bonus agreement.
C. Following introduction, a second reading of the ordinance adopting
the agreement shall be held and based on the testimony provided at the hearing,
the ordinance shall be adopted, denied or continued. (Ord. 763, 1996)
20.440.050 Required findings for approval.
Prior to taking an action to approve or recommend approval of a density
bonus or affordable housing agreement, the board shall find as follows:
A. The proposed agreement is consistent with the maps and policies of
the master plan and any applicable specific plan;
B. The proposed agreement complies with the requirements of NRS;
C. The granting of the proposed agreement will result in provision of
housing for persons with special needs, as identified in the county’s affordable
housing element;
D. Where a density bonus is proposed, that the granting of the proposed
density bonus will not have an adverse impact on adjacent properties or on the
general public. (Ord. 801, 1997; Ord. 763, 1996)
20.440.060 Ongoing review.
The board shall review all approved density bonus or affordable housing
agreements at least once every 24 months to determine whether the applicant,
or successor in interest thereto, is demonstrating good faith compliance with
the terms of the agreement. This review process may require the submittal of
an application form and materials as established by resolution. (Ord. 801, 1997;
Ord. 763, 1996)
20.440.070 Amendments to approved density
bonus and affordable housing agreements.
Any amendment to a previously-approved density bonus or affordable housing
agreement shall be reviewed pursuant to the procedures outlined in this chapter
for a new application. (Ord. 801, 1997; Ord. 763, 1996)
