Affordable Housing Incentives and Density Bonus
The City of Artesia adopted Ordinance No. 640 in 2002, which created a density bonus and developer incentives for affordable housing. The City has not updated its Municipal Code to reflect the requirements set forth in Senate Bill 1818.
Currently, a density bonus of 25 percent is allowed for projects that provide for one of the following:
1. At least 10 percent of the units are affordable to households earning no more than 50 percent of the median income;
2. At least 20 percent of the units are affordable to households earning no more than 60 percent of the median income; or
3. At least 50 percent of the units are designated for qualifying senior citizens.
A density bonus of 50 percent is allowed for projects that provide for one of the following:
1. At least 20 percent of the units are affordable to households earning no more than 50 percent of the median income; or
2. At least 40 percent of the units are affordable to households earning no more than 60 percent of the median income.
The developer must also provide on-site amenities based on the number of units constructed and the project must remain affordable for at least 30 years.
In addition to the density bonus, the developer is granted one incentive from the following list:
1. A reduction in the required amount of parking for the project, not to exceed ten percent;
2. A reduction in the required amount of open space for the project, not to exceed ten percent;
3. A reduction in the required setback dimensions for the project, not to exceed fifty percent of required setback dimensions, provided that a setback shall not be less than five feet; or
4. An increase in the maximum height permitted, not to exceed one additional story, provided that there is a minimum setback between the additional floor and the lower floors of the building of at least ten feet.
Second Dwelling Units
Second dwelling units provide additional opportunities to provide affordable housing. These are primarily intended for the elderly or family of the primary owner, or as a rental unit for additional income. Second dwelling units are permitted by-right in the A-1 and R-1 zones provided certain size, setback, and design conditions are met. In the A-1 zone, the lot size must be at least 12,000 square feet. In the R-1 zone, the lot size must be at least 10,000 square feet. Requirements for second units in both zones include the following:
1. The second dwelling unit must be located to the rear of the primary residence;
2. The unit shall be a minimum of 150 square feet or the minimum size of an efficiency unit as defined by the State, whichever is greater;
3. The unit shall not exceed 640 square feet;
4. The primary residence and second dwelling unit shall not exceed a structural lot coverage of 50 percent;
5. The height of the second dwelling unit shall not exceed the height of the primary residence;
6. The same setbacks for the primary residence apply and there shall be at least 20 feet of separation between the primary residence and a detached secondary dwelling unit;
7. A maximum of one secondary dwelling unit is allowed on a lot;
8. One common front entrance is permitted for attached secondary dwelling unit within or a part of the primary residence. The entrance for a detached secondary unit shall be located so that it is not visible from the street or the entrance to the primary residence; and,
9. At least one enclosed parking space per bedroom shall be provided for the secondary dwelling unit.
10. The second dwelling unit must have the same utility services as the primary residence.
In addition to the above requirements, the secondary dwelling unit shall be architecturally compatible with the primary residence. The property owner must reside in one of the residential structures and the secondary dwelling unit cannot be sold, transferred or assigned as a separate property from the primary dwelling unit.