Chapter 18.78
RESIDENTIAL DENSITY
BONUS STANDARDS
Sections:
18.78.010 Purpose and intent.
18.78.020 Definitions.
18.78.030 Density bonus.
18.78.040 Concessions and incentives.
18.78.050 Application requirements and review.
18.78.060 Density bonus housing agreement.
18.78.070 Waiver of development standards.
18.78.080 Maximum parking requirements.
18.78.090 Exclusions.
18.78.010 Purpose and intent.
These residential density bonus standards are intended to provide incentives for the production of housing for very low income, lower income, or senior households in accordance with applicable sections of the California Government Code [Section 65915 et seq.], or successor Code. It is the intent of the City to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City’s General Plan Housing Element. (Ord. 1761 § 2, 1-23-01; Ord. 1766 § 2, 5-7-02).
18.78.020 Definitions.
Whenever the following terms are used in this chapter or Chapter 18.54 SCCC, they shall have the meaning established by this section:
(a) “Affordable housing agreement” means an agreement between the applicant and the City guaranteeing the affordability of rental or ownership units in accordance with the provisions of this chapter.
(b) “Affordable housing cost” shall have the meaning set forth in Health and Safety Code Section 50052.5, as may be amended.
(c) “Affordable rent” shall have the meaning set forth in Health and Safety Code Section 50053, as may be amended.
(d) “Approving body” means the Planning Commission or City Council, approving the housing development of which the density bonus request is included. Where there is an appeal, the “approving body” shall mean the City Council.
(e) “Child care facility” means a center installed, operated and maintained for the nonresidential non-medical care and supervision of children meeting State licensing requirements.
(f) “Common interest development” means a community apartment project, condominium project, planned development, or a stock cooperative as defined by Section 4100 of the Civil Code, as may be amended.
(g) “Concession or incentive” means any of the following:
(1) A modification in site development, Zoning Ordinance requirements or design criteria that exceeds the minimum building standards set forth in SCCC Title 15 (“Buildings and Construction”), including, but not limited to, reduction in setback, square footage, and parking requirements that result in identifiable, financially sufficient, and actual cost reductions; or
(2) Rezoning to MU (mixed use) or TMU (transit-oriented mixed use) in conjunction with the housing development if commercial, office, or other land uses will reduce the cost of the housing development and if the commercial, office, or other land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development would be located; or
(3) Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions.
(h) “Density bonus” means a density increase, usually not to exceed thirty-five percent (35%) over the otherwise allowed maximum residential density.
(i) “Development standard” includes a site or construction condition including, but not limited to, a height limitation, a minimum lot size, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, the Charter, or any other local condition, law, policy, resolution, or regulation.
(j) “Housing development” means a project for the construction of residential units with a minimum of five dwellings, including a subdivision or common interest development. “Housing development” also includes either (1) a project to substantially rehabilitate and convert an existing commercial building to residential use, or (2) substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Government Code Section 65863.4, as may be amended, where the result of the rehabilitation would be a net increase in available residential units.
(k) “Lower income household” means households whose income does not exceed the lower income limits applicable to Santa Clara County, as published and periodically updated by the State Department of Housing and Community Development.
(l) “Maximum allowable residential density” means the maximum number of dwelling units per acre that is permitted on the property or properties for the applicable zoning district and the general plan land use designation.
(m) “Persons and families of moderate income” means households whose income does not exceed the moderate income limits applicable to Santa Clara County, as published and periodically updated by the State Department of Housing and Community Development.
(n) “Qualifying resident” means a senior citizen, qualifying resident, or qualified permanent resident authorized to reside in a senior citizen housing development, as provided in Civil Code Section 51.3.
(o) “Senior citizen housing development” means a project as defined by Section 51.3 of the Civil Code, or mobile-home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code, as may be amended.
(p) “Very low income households” means households whose income does not exceed the very low income limits applicable to Santa Clara County, as published and periodically updated by the State Department of Housing and Community Development. (Ord. 1761 § 2, 1-23-01; Ord. 1933 § 1, 1-13-15).
18.78.030 Density bonus.
(a) Upon written request by the applicant, the approving body for a housing development shall grant a density bonus and incentives or concessions as provided in this chapter when the applicant for the housing development agrees or proposes to construct at least one of the following:
(1) Five percent of the total units for very low income households; or
(2) Ten percent of the total units for lower income households; or
(3) Ten percent of the total dwelling units in a common interest development for persons and families of moderate income; or
(4) A senior citizen housing development; or
(5) A conversion of apartments to condominiums, where at least thirty-three percent (33%) of the proposed condominiums will be affordable to persons and families of low or moderate income, or fifteen percent (15%) of the proposed condominiums will be affordable to lower income households; or
(6) A housing development that includes a child care facility that meets the requirements set forth in subsection (l) of this section; or
(7) A housing development that will include a land donation to the City meeting the requirements set forth in subsection (k) of this section.
(b) If an applicant exceeds the percentages set forth in Table I, the applicant shall be entitled to an additional density bonus calculated as follows:
(1) For each one percent increase above five percent of the percentage of units affordable to very low income households, the density bonus will be increased by two and one-half percent up to a maximum of thirty-five percent (35%).
(2) For each one percent increase above ten percent of the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half percent up to a maximum of thirty-five percent (35%).
(3) For each one percent increase above ten percent of the percentage of units affordable to moderate income households, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent (35%).
(4) To the extent a land donation includes sufficient land for a number of very low income housing units that exceeds ten percent of the number of the residential units of the proposed development, for each one percent increase above ten percent, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent (35%).
(c) For the purpose of calculating the density bonus, the percentage of affordable units an applicant must provide in order to receive the bonus shall be the percentage of units provided in addition to any applicable inclusionary housing requirement. By way of example, a condominium development that is already required by a general plan policy to provide ten percent of its units at affordable housing costs would have to provide an additional five percent for very low income families, or an additional ten percent for low or moderate income families, before it would qualify for a density bonus.
(d) Density calculations resulting in fractional units shall be rounded up to the next whole number.
(e) For the purpose of calculating the density bonus, the residential units need not be based upon individual subdivision maps or parcels.
(f) The density bonus shall be calculated as indicated in Table I.
|
Affordable Units |
Min. Percentage in Category |
Bonus Granted |
Additional Bonus for Each 1% Increase in Affordability |
Percentage of Affordable Units Required for Max. Density Bonus |
|---|---|---|---|---|
|
Very Low Income |
5% |
20% |
2.5% |
11% |
|
Low Income |
10% |
20% |
1.5% |
20% |
|
Common Interest Moderate Income |
10% |
5% |
1% |
40% |
|
Senior Housing |
Any |
20% |
– |
– |
|
Condo Conversion – Moderate Income |
33% |
25%
|
– |
– |
|
Condo Conversion – Lower Income |
15% |
25% |
– |
– |
|
Child Care |
– |
square foot per child care area |
– |
– |
|
Land Donation – Very Low Housing |
10% of market rate units |
15% |
1% |
35% |
(1) A density bonus may be selected from only one category, except that density bonuses for land donation may be combined with others, up to a maximum of thirty-five percent (35%), and an additional square foot bonus may be granted for a child care facility.
(g) An applicant may elect to accept a lesser percentage of density bonuses than provided in Table I.
(h) Affordable units developed in conjunction with a market rate development shall be of similar design and quality as the market rate units.
(i) Affordable units shall be dispersed throughout the housing development rather than clustered in a single area or a few areas. Location of the affordable units within a housing development shall be approved as part of the entitlement granted by the approving body.
(j) The granting of a density bonus in conformance with the criteria of this chapter shall not, by itself, require a general plan amendment, zoning change, or other discretionary approval, and shall be processed in conjunction with a housing development application. Any discretionary approval unrelated to density but necessary for the development shall still apply, such as a conditional use permit, subdivision map, or variance.
(k) Density Bonus with Land Donation. When an applicant for a tentative subdivision map, tentative parcel map, or other residential development donates land to the City that meets the requirements of this section, the applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density under the Zoning Ordinance and general plan for the entire development, if the applicant meets all of the following conditions:
(1) The applicant donates and transfers the land no later than the date of the approval of the final subdivision map, final parcel map, or residential development application.
(2) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent of the number of residential units of the proposed development.
(3) The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) dwelling units, has the appropriate general plan designation, is appropriately zoned with development standards for development at the density described in paragraph (3) of subdivision (c) of Government Code Section 65583.2, and is or will be served with adequate public facilities and infrastructure.
(4) The transferred land has all of the permits and approvals, other than architectural review and building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, final parcel map, or residential development application.
(5) The transferred land and the affordable units are subject to a deed restriction ensuring continued affordability of the units consistent with SCCC 18.78.060, which shall be recorded on the property at the time of the transfer.
(6) 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 the developer.
(7) The transferred land is within the boundary of the proposed development. Notwithstanding the foregoing, the applicant may submit a written request to the City to allow the transferred land to be located within one-quarter mile of the boundary of the proposed development.
(8) The applicant identifies a proposed source of funding for the very low income units not later than the date of the approval of the final subdivision map, final parcel map, or residential development application.
(9) Any land that is donated to the City pursuant to Chapter 17.35 SCCC (“Park and Recreational Land”) is ineligible for a density bonus pursuant to this subsection.
(l) Child Care Facilities. When an applicant proposes to construct a housing development that conforms to the requirements of this chapter and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant either (1) an additional density bonus for an amount of square footage of residential area equal to or greater than the amount of square feet in the child care facility, or (2) an additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
(1) The City shall require that as a condition of approving the housing development:
(A) The child care facility shall remain in operation as long as or longer than the period of time the density bonus units are required to remain affordable.
(B) The children who attend the child care facility, the children of very low income households, lower income households, or children of families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income.
(2) Notwithstanding any other provision of this chapter, the City reserves the right to deny a requested density bonus concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.
(m) Continued Affordability. An applicant shall agree to, and the City shall ensure, continued affordable housing costs and affordable rents of all affordable density bonus units for fifty-five (55) years, or a longer period of time if required by the construction or mortgage financing, assistance program, mortgage insurance program, or rental subsidy program. (Ord. 1761 § 2, 1-23-01; Ord. 1766 § 3, 5-7-02; Ord. 1933 § 2, 1-13-15).
18.78.040 Concessions and incentives.
(a) An applicant for a density bonus pursuant to this chapter may submit to the City a proposal for the specific incentives or concessions that the applicant requests pursuant to this section. The City shall grant a concession or incentive requested by the applicant, up to the quantity specified in Table II, unless the City makes a written finding, based upon substantial evidence, of any of the following:
(1) The concession or incentive is not required in order to provide for affordable housing costs or affordable rents; or
(2) The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5, as may be amended, upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or
(3) The concession or incentive would have a specific adverse impact on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or
(4) The concession or incentive would be contrary to State or Federal law; or
(5) The applicant has already received the maximum quantity of incentives listed in Table II.
(b) The applicant shall be entitled to receive the following number of incentives or concessions set forth in Table II. For the purpose of calculating the number of incentives or concessions, the percentage of affordable units an applicant must provide in order to receive the incentives or concessions shall be the percentage of units provided in addition to any applicable inclusionary housing requirement.
|
Household Income of Units |
Percent of Units |
Concessions and Incentives |
|---|---|---|
|
Very Low Income |
5% |
1 |
|
10% |
2 |
|
|
15% |
3 |
|
|
Low Income |
10% |
1 |
|
20% |
2 |
|
|
30% |
3 |
|
|
Moderate Income Units in Common Interest Development |
10% |
1 |
|
20% |
2 |
|
|
30% |
3 |
(c) Parking Concessions and Incentives. An applicant may request parking incentives or concessions, to provide parking at a ratio below the ratios specified in SCCC 18.78.080, pursuant to subsection (a) of this section.
(d) Incentives for Condominium Conversion. When an applicant for the conversion of apartments to condominiums agrees to provide at least thirty-three percent (33%) of the total units of the proposed condominium to persons and families of low or moderate income, or fifteen percent (15%) of the total units of the proposed condominium to lower income households, and agrees to pay administrative costs incurred by the City pursuant to this section, the approving body shall either (1) grant a density bonus, or (2) provide other incentives or equivalent financial value.
(1) The approving body may place reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as appropriate, including, but not limited to, continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households.
(2) An applicant shall be ineligible for a density bonus or other incentives under this subsection (d) if the apartments provided for conversion constitute a housing development for which a density bonus or other incentives were previously provided. Nothing in this chapter shall require the City to approve a proposal to convert apartments to condominiums.
(e) This section does not require the provision of direct financial incentives for the housing development, including the provision of publicly-owned land by the City, or the waiver/reduction of fees or dedication requirements.
(f) The granting of an incentive or concession shall not be interpreted, in and of itself, to require a general plan amendment, zone change, or other discretionary approval, and shall be processed in conjunction with the housing development application. (Ord. 1761 § 2, 1-23-01; Ord. 1933 § 3, 1-13-15).
18.78.050 Application requirements and review.
An application pursuant to this chapter shall be processed concurrently with a rezoning to planned development pursuant to the provisions of Chapter 18.54 SCCC.
An applicant/developer proposing a housing development pursuant to this chapter may submit a preliminary application prior to the submittal of any formal request for approval of a housing development. Applicants are encouraged to schedule a pre-application conference with the Planning Director to identify application issues. A preliminary application shall include the following information:
(a) A brief description of the proposed development, including the total number of units, target units, and density bonus units proposed.
(b) The zoning and general plan designations and assessors parcel number(s) of the project site.
(c) A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout.
(d) If an additional incentive(s) is requested, the application should describe why the additional incentive(s) is necessary to provide the target units, in accordance with SCCC 18.78.030.
(e) Justification for the Granting of the Density Bonus and/or Other Incentives. Within a maximum of ninety (90) days of receipt of the preliminary application, the City shall provide to an applicant/developer a letter which identifies project issues of concern, and the procedures for compliance with this chapter and other applicable chapters, City codes, ordinances, and the California Environmental Quality Act (CEQA) [Public Resources Code Section 21000 et seq.]. (Ord. 1761 § 2, 1-23-01; Ord. 1933 § 4, 1-13-15).
18.78.060 Density bonus housing agreement.
Applicants requesting a density bonus shall enter into a density bonus housing agreement with the City in a form prepared and approved by the City Attorney. Such density bonus housing agreement shall be subject to the following:
(a) The agreement will confirm continued affordability of all low and very low income units that qualified the applicant for the reward of the density bonus for fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
(b) For for-sale units, the density bonus housing agreement shall include an equity sharing provision, unless it is in conflict with the requirements of another public funding source or law, as follows:
(1) Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subsection (b)(2) of this section, and its proportionate share of appreciation, as defined in subsection (b)(3) of this section, which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership.
(2) For purposes of this subsection, the City’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price, plus the amount of the down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
(3) The City’s proportionate share of appreciation shall be equal to the ratio of the City’s initial subsidy to the fair market value of the home at the time of initial sale.
(4) If there is any direct financial contribution from the City through participation in the cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the City may limit the sale price of the unit upon resale in accordance with the terms and conditions of that direct financial contribution.
(c) The completed density bonus housing agreement, or a memorandum in a form acceptable to the City Attorney, shall be recorded and the conditions filed and recorded on the parcel or parcels designated for the construction of the target units. The approval and construction shall take place prior to the final map approval, or, where a map is not being processed, prior to issuance of building permits for the parcels or units. The density bonus housing agreement shall be binding to all future owners and successors in interest.
(d) The density bonus housing agreement shall include all of the following provisions:
(1) The total number of units approved for the housing development, including the number of target units.
(2) A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable sales price and affordable housing cost.
(3) The location, unit size(s), and number of bedrooms of target units.
(4) Tenure of use restrictions for target units.
(5) A schedule of completion and occupancy of target units.
(6) A description of the additional incentive(s) or financial incentives equivalent being provided by the City.
(7) A description of remedies for breach of the agreement by either party (the City may identify tenants or qualified purchasers as third party beneficiaries under the agreement).
(e) In the case of for-sale housing developments, the density bonus agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period:
(1) Target units shall, upon initial sale, be sold to eligible very low or lower, or moderate income households at an affordable sales price and housing cost, or to qualified residents as defined by this chapter, depending on the type of density bonus.
(2) Target units shall be initially owner-occupied by eligible very low, lower, or moderate income households, or by qualified residents in the case of senior citizen housing developments, depending on the type of density bonus.
(3) The initial purchaser of each target unit shall execute an agreement approved by the City restricting the sale of the target unit during the applicable use restriction period. The agreement shall be recorded against the parcel containing the target unit and shall contain provisions as the City may require ensuring continued compliance with this chapter and the State density bonus law.
(f) In the case of rental housing developments, the density bonus housing agreement shall provide the following conditions governing the use of target units during the use restriction period:
(1) Rents for the lower income density bonus units shall be set at an affordable rent level.
(2) The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining target units for qualified tenants.
(3) Provisions requiring owners to verify tenant incomes and maintain records to demonstrate compliance with this chapter.
(4) Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying the target units, and which identifies the bedroom size and monthly rent or cost of each target unit. (Ord. 1761 § 2, 1-23-01; Ord. 1933 § 5, 1-13-15).
18.78.070 Waiver of development standards.
An applicant may submit a written proposal to the Director of Planning and Inspection for the waiver or reduction of development standards. The approving body may grant the request if the applicant demonstrates to the satisfaction of the approving body, based upon substantial evidence, that the proposed waiver or reduction is necessary to make the housing development economically feasible, and that without the waiver the development standards would physically preclude the construction of the development that meets all other legal requirements, subject to the limitations and requirements of this section.
(a) Nothing in this chapter shall require the City to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5, as may be amended, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(b) Nothing in this chapter shall require the City to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historic Resources.
(c) Nothing in this chapter shall require the City to waive or reduce the development standards if the waiver or reduction would be contrary to State or Federal law.
(d) Any discretionary action for a reduction or waiver of development standards shall be processed in conjunction with the housing development application, and shall be reviewed before the approving body.
(e) A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled. (Ord. 1933 § 6, 1-13-15).
18.78.080 Maximum parking requirements.
(a) Parking Ratios. Upon request of the applicant, the following maximum parking ratios shall apply, inclusive of ADA and guest parking, to the entire housing development subject to this chapter:
(1) One on-site parking space for zero- or one-bedroom units.
(2) Two on-site parking spaces for two- or three-bedroom units.
(3) Two and one-half on-site parking spaces for units with more than three bedrooms.
(b) Parking Calculations and Types. All parking calculations for the development resulting in a fraction shall be rounded up to the next whole number. Required parking may be provided by uncovered parking, but may not rely on street parking. (Ord. 1933 § 7, 1-13-15).
18.78.090 Exclusions.
(a) An applicant shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of governmental rent or price control; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:
(1) The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in SCCC 18.78.030(a).
(2) Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.
(b) An applicant for an incentive or density bonus for a condominium conversion pursuant to SCCC 18.78.040(d) shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of governmental rent or price control; or occupied by lower or very low income households, unless the proposed condominium project replaces those units, and either of the following applies:
(1) The proposed condominium project, inclusive of the units replaced, contains affordable units at the percentages set forth in SCCC 18.78.040(d).
(2) Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.
(c) For the purposes of this section, “replace” shall mean either of the following:
(1) If any dwelling units described in subsections (a) or (b) of this section are occupied on the date an application is deemed complete, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. For unoccupied dwelling units described in subsection (a) of this section in a development with occupied units, the proposed housing development shall provide units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category in the same proportion of affordability as the occupied units. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least fifty-five (55) years. If the proposed development is for-sale units, the units replaced shall be subject to SCCC 18.78.060(b).
(2) If all dwelling units described in subsection (a) of this section have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, then one-half of the required units shall be made available at affordable rent or affordable housing cost to, and occupied by, very low income persons and families and one-half of the required units shall be made available for rent at affordable housing costs to, and occupied by, low income persons and families. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least fifty-five (55) years. If the proposed development is for-sale units, the units replaced shall be subject to SCCC 18.78.060(b). (Ord. 1933 § 8, 1-13-15).