Before any density bonuses are applied, the number of dwelling
units permitted in a residential development shall not exceed the
following amounts:
|
Zone
|
Density
(dwelling units per net acre)
|
|---|---|
|
RS-16
|
2.722
|
|
RS-10
|
4.356
|
|
RS-8
|
5.445
|
|
RS-6
|
7.260
|
When a cluster bonus is approved in accordance with Section 19.348.020, the dwelling unit density of a single-family development shall not exceed a density twenty percent greater than otherwise permitted.
A.
Purpose of Affordable Housing Incentives. State Density Bonus
Law (Government Code Section 65915), provides that local governments
shall grant density bonus and regulatory concessions and incentives
to developers of housing, child care facilities, or for donation of
land for housing, where the developer agrees to construct a specified
percentage of housing for lower income households, very low income
households, moderate income households or qualifying residents.
B.
"Affordable housing agreement"
"Affordable housing costs"
"Approving body"
"Child care facility"
"Civil Code; Government Code; Health and Safety Code."
"Common interest development"
"Concession(s)" or "incentive(s)"
1.
2.
"Density bonus for housing projects that are common interest
developments in which at least 10 percent of the total dwelling units
are reserved for persons and families of moderate income"
"Density bonus for housing projects that have the requisite
percentage of housing reserved for lower income households, very low
income households or senior citizen housing developments"
"Development standard"
"Housing development"
"Lower income households"
"Maximum allowable residential density"
"Persons and families of moderate income"
"Senior citizen housing development"
"Very low income households"
Definitions. For the purpose of this chapter, the following
definitions shall apply:
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.
means the amounts set forth in the Health and Safety Code
Sections 50052.5 and 50053, as may be amended.
means the Planning Commission or City Council, approving
the housing development of which the density bonus request is a part.
Where there is an appeal, the "approving body" shall mean the City
Council.
means a child day care facility other than a family day care
home, including, but not limited to, infant centers, preschools, extended
day care facilities, and school-age child care centers.
All code section references are to the California Codes,
unless otherwise noted.
means a condominium project as defined by Section 1351(f)
of the Civil Code, or a planned development as defined by Section
1351(k) of the Civil Code, as may be amended.
means:
A modification in site development, zoning code requirements or architectural design criteria that exceeds the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, reduction in setback, square footage, and parking requirements that result in identifiable, financially feasible, and actual cost reductions.
Other regulatory incentives or concessions proposed by the developer
or the City that result in identifiable, financially feasible and
actual cost reductions.
|
The terms "concessions" or "incentives" do not limit or 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.
|
|
A housing development proposal that provides affordable units
must show that the requested concessions and incentives directly affect
the economic feasibility of including the affordable units in the
housing development and will result in identifiable, financially feasible
and actual cost reductions for the housing development.
|
means a density increase of at least 5 percent, unless a
lesser percentage is elected by the applicant, over the otherwise
maximum allowable residential density under the applicable zoning
ordinance and land use element of the General Plan as of the date
of application.
means a density increase of at least 20 percent, unless a
lesser percentage is elected by the applicant, over the otherwise
maximum allowable residential density under the applicable zoning
ordinance and land use element of the General Plan as of the date
of application.
includes site or construction conditions that apply to a
residential development pursuant to any ordinance, General Plan element,
specific plan, charter amendment, or other local condition, law, policy,
resolution, or regulation.
means 1 or more groups of projects for residential units
with a minimum of 5 residential units, including a 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 the Government
Code Section 65863.4, as may be amended, where the result of the rehabilitation
would be a net increase in available residential units.
means households defined in Section 50079.5 of the Health
and Safety Code, as may be amended.
means the density allowed under the zoning ordinance.
means persons and families defined in Section 50093 of the
Health and Safety Code, as may be amended.
means a project as defined by Sections 51.3 and 51.12 of
the Civil Code, as may be amended.
means households defined in Section 50105 of the Health and
Safety Code, as may be amended.
C.
Density Bonus Requirements, Calculations and Location.
1.
Density Bonus Development Requirements. Upon written
request by an 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 1 of the following:
a.
Lower Income Households. 10 percent of the total units
of a housing development for lower income households.
b.
Very Low Income Households. 5 percent of the total units
of a housing development for very low income households.
c.
Senior Housing. A senior citizen housing development.
d.
Common Interest Development or Moderate Income Households. 10 percent of the total dwelling units in a common interest development
for persons and families of moderate income.
2.
Additional Density Bonus. If an applicant exceeds the
percentages set forth in Table IV - A, the applicant shall be entitled
to an additional density bonus calculated as follows:
a.
For each 1 percent increase above the 10 percent of the percentage
of units affordable to lower income households, the density bonus
shall be increased by 1.5 percent up to a maximum of 35 percent.
b.
For each 1 percent increase above the 5 percent of the percentage
of units affordable to very low income households, the density bonus
shall be increased by 2.5 percent up to a maximum of 35 percent.
c.
For each 1 percent increase above the 10 percent of the percentage
of units affordable to moderate income households, the density bonus
shall be increased by 1 percent, up to a maximum of 35 percent.
3.
Density Calculation.
a.
Density calculations resulting in fractional units shall be rounded
up to the next whole number. The density bonus shall not be included
when determining the number of housing units which is equal to the
5 percent or 10 percent of the total.
b.
For the purpose of calculating a density bonus, the residential units
need not be based upon individual subdivision maps or parcels.
|
Table III - A
Calculating Density Bonuses
| ||||
|---|---|---|---|---|
|
Affordable Units or Category
|
Minimum % Units in Category
|
Bonus Granted
|
Additional Bonus for Each 1% Increase in Affordable Units in
Category
|
% Units in Category Required for Maximum 35% Bonus
|
|
Very low income
|
5
|
20%
|
2.5%
|
11
|
|
Lower income
|
10
|
20%
|
1.5%
|
20%
|
|
Moderate income (ownership only)
|
10
|
5
|
1
|
40%
|
|
Senior citizen housing development (no affordable units required)
|
Entire development
|
20%
|
No sliding scale provided
|
—
|
|
Land donation for very-low income housing
|
10% of market rate units
|
15%
|
1
|
30%
|
|
Condominium conversion — Moderate income
|
33%
|
25%
|
—
|
—
|
|
Condominium conversion — Lower income
|
15%
|
25%
|
—
|
—
|
|
Child care facility
|
—
|
Sq. ft. in day care center
|
—
|
—
|
A density bonus may be selected from only 1 category, except
that density bonuses for land donation may be combined with others,
up to a maximum of 35 percent, and an additional square foot bonus
may be granted for a child care facility.
4.
Total Density Bonus Limit. Nothing in this chapter shall
prohibit the City from granting a density bonus greater than as described
in Table III - A for a housing development that meets the requirements
of this chapter or from granting a proportionately lower density bonus
than as required by this chapter for a housing development that does
not meet the requirements of this chapter. Thirty-five percent represents
the maximum density bonus the City is required to provide, not the
maximum amount an applicant may obtain. An applicant may negotiate
with the City to obtain a density bonus for a housing development
higher than the maximum amount set forth in Table 1 in exchange for
including even more affordable units than are provided in Table 1
and/or the provision of other amenities or considerations.
5.
Location of Density Bonus Units. The density bonus units
shall be permitted within areas of the housing development other than
areas where the units for the lower income households are located.
6.
Design Requirements. Affordable units developed in conjunction
with a market rate development shall be of similar design and quality
as the market rate units. Exteriors and floor plans of affordable
units shall be similar to the market rate units; interior finishes
need not be the same.
7.
Location Distribution Requirements for Affordable Units. 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.
8.
Other Requirements. The granting of a density bonus
shall not require a General Plan amendment, zoning change, or other
discretionary approval, and shall be processed in conjunction with
the housing development application.
D.
Concessions, Incentives and Standards.
1.
Evidence for Concession and Incentives. An applicant
may submit to the Community Development Department a proposal for
specific incentives or concessions. If a meeting is requested, the
Community Development Director, or designee, shall meet with the applicant
within 15 working days to discuss the proposal. When the approving
body grants a density bonus, the approving body shall grant the concessions
or incentives requested by the applicant unless it makes a written
finding, based upon substantial evidence of the following conditions:
a.
The concession or incentive is not required in order to provide for
affordable housing; or
b.
The concession or incentive would have a specific adverse impact,
as defined in Government Code Section 65589.5(d)(2), 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
c.
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.
2.
Number of Incentives/Concessions. The applicant shall
be entitled to receive the following number of incentives or concessions
in Table IV - A:
|
Table IV - A
Density Bonus Concessions and Incentives
| ||
|---|---|---|
|
Household Income of Units
|
Percent of Units
|
Concessions and Incentives
|
|
Very Low Income
|
5%
|
1
|
|
10%
|
2
| |
|
15%
|
3
| |
|
Lower Income
|
10%
|
1
|
|
20%
|
2
| |
|
30%
|
3
| |
|
Moderate Income Units in Condominium or Planned Development
Units
|
10%
|
1
|
|
20%
|
2
| |
|
30%
|
3
| |
3.
Financial Incentives. This section does not limit or
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.
4.
Development Standards and Density Bonus Compatibility. The City shall not apply any development standard that will have
the effect of precluding the construction of a development meeting
the criteria of this section at the densities or with the concessions
or incentives permitted by this chapter.
5.
Waiver of Development Standards. An applicant may submit a proposal to the Community Development Department in accordance with subsection A of this section for the waiver or reduction of development standards, including, but not limited to, minimum lot size, side yard setbacks, and placement of public works improvements. If a meeting is requested, the Community Development Director, or designee, shall meet with the applicant within 15 working days from the date of receipt of the request. The waiver or reduction of development standards must comply with the following conditions and requirements:
a.
Nothing in this section 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(d)(2),
as may be amended, upon the 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 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 Historical Resources.
c.
The applicant shall show by substantial evidence that the proposed
waiver or modification is necessary to make the housing units economically
feasible.
d.
Any discretionary action for modification or waiver shall be processed
in conjunction with the housing development application, and shall
be held before the Zoning Administrator, if required.
6.
Maximum Parking Requirements for Density Bonus Units. Upon request of the applicant, the following maximum parking standards
shall apply, inclusive of handicapped and guest parking, to the entire
housing development subject to this chapter:
7.
Parking Calculations. All parking calculations for the
development resulting in a fraction shall be rounded up to the next
whole number.
8.
Allowed Parking Types. Required parking may be provided
by tandem parking or uncovered parking, but not by on-street parking.
9.
Request for Parking Incentives or Concessions. Additional parking incentives or concessions beyond those provided in this section may be requested, subject to subsection A of this section.
10.
Other Requirements. The granting of an incentive or
concession shall not require a General Plan amendment, zoning change,
or other discretionary approval, and shall be processed in conjunction
the housing development application.
E.
Donation of Land.
1.
Density Bonus with Land Donation. When an applicant
for a tentative subdivision map, 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 15 percent increase
above the otherwise maximum allowable residential density under the
applicable zoning ordinance and land use element of the General Plan
for the entire development.
2.
Requirements for Donated Land.
a.
The developable acreage and zoning classification of the land must
be sufficient to permit construction of units in an amount not less
than 10 percent of the number of residential units of the proposed
development; and
b.
The units developed on donated land shall be affordable to very low
income households.
3.
Additional Density Bonus. For each 1 percent increase
above the minimum 10 percent land donation, the density bonus shall
be increased by 1 percent, up to a maximum of 35 percent if the following
conditions are met:
a.
The land is donated and transferred no later than the date of approval
of the final subdivision map, parcel map, or residential development
application to the City or to a housing developer approved by the
City and by this time the transferred land shall have all permits
and approvals, other than building permits, necessary for the development
of the very low income housing, with the exception of any design review
that would be allowed pursuant to Government Code Section 65583.2(i),
as may be amended, if the design has not been reviewed prior to the
time of transfer.
b.
The zoning classification and General Plan designation of the land
being transferred is appropriate for affordable housing and the land
is or will be served by adequate public facilities and infrastructure.
c.
The transferred land is at least 1 acre in size or of sufficient
size to permit development of at least 40 units.
d.
There must be appropriate zoning and development standards to make
the development of the affordable units feasible.
e.
The transferred land is within the boundary of the proposed development.
The applicant may submit a written request to the approving authority
to allow the transferred land to be located within 1/4 mile of the
boundary of the proposed development.
F.
Condominium Conversions.
1.
Incentives for Condominium Conversion. When an applicant
for conversion of apartments to condominiums agrees to provide at
least 33 percent of the total units of the proposed condominium to
persons and families of low or moderate income or 15 percent 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 of equivalent financial value.
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. For this section,
the following definitions apply:
a.
"Density Bonus"
means an increase in units of 25 percent over the number
of apartments to be provided within the existing structure or structures
proposed for conversion.
b.
"Other Incentives of Equivalent Financial Value"
shall not require the City to provide cash transfer payments
or other monetary compensation but may include the reduction or waiver
of requirements which the City might otherwise apply as conditions
of conversion approval.
2.
Proposal for Subdivision Map Approvals. An applicant
for approval to convert apartments to condominiums may submit a preliminary
proposal to the Community Development Department prior to the submittal
of any formal requests for subdivision map approvals. The City shall,
within 90 days of receipt of a writ-ten proposal, notify the applicant
in writing of the manner in which it will comply with this section.
3.
Ineligibility. An applicant shall be ineligible for
a density bonus or other incentives under this section if the apartments
proposed for conversion constitute a housing development for which
a density bonus or other incentives were previously provided.
4.
Other Requirements. Nothing shall require the City to
approve a proposal to convert apartments to condominiums.
G.
Provision of Child Care Facilities.
1.
Density Bonus. 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 of the following, except as specifically stated elsewhere:
a.
An additional density bonus for an amount of square feet of residential
space equal to or greater than the amount of square feet in the child
care facility; or
b.
An additional concession or incentive that contributes significantly
to the economic feasibility of the construction of the child care
facility.
2.
Conditions. 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.
3.
Limitation. Notwithstanding any requirement of this
subdivision, the City reserves the right to deny a requested density
bonus or concession for a child care facility if it finds, based upon
substantial evidence, that the community has adequate child care facilities.
H.
Continued Affordability.
1.
Affordability Requirement. An applicant shall agree
to, and the City shall ensure, continued affordable housing costs
of all density bonus units for 30 years, or a longer period of time
if required by the construction or mortgage financing assistance program,
mortgage insurance program, or rental subsidy program.
a.
Rental units for lower income households shall maintain a rent that
does not exceed 30 percent of 70 percent of area median income.
b.
Rental units for very low income households shall maintain a rent
that does not exceed 30 percent of 50 percent of area median income.
c.
Ownership units shall be available only to households whose income
does not exceed the limits for moderate income households for the
duration of the affordable housing agreement.
2.
Occupant Income Restrictions. An applicant shall agree
to confirm, and the City shall ensure, that initial occupants of moderate
income units directly related to the receipt of the density bonus
in a common interest development are persons and families of moderate
income. Additionally, the following criteria apply:
a.
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 its proportionate share
of appreciation which shall be used as required by Government Code
Section 65915, as may be amended. The City's share shall be equal
to the percentage by which the initial sales price of the moderate
income unit was less than the fair market value of the home at that
time.
b.
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.
3.
Affordable Housing Agreement. Affordability shall be
ensured by requiring that the applicant enter into an affordable housing
agreement in accordance with this chapter, as approved by the City
Attorney, and recorded by the County Recorder.
4.
Land Transfer Requirements. These requirements shall
apply to land transferred pursuant to this chapter and to any very
low income units built on such land, and the 30-year affordability
period shall commence from the Certificate of Occupancy date.
I.
Application Requirements.
1.
Conditional Use Permit for Projects Receiving Affordable Housing
Incentives. A conditional use permit is required for projects
pursuant to Density Bonus Law (Government Code Section 65915 et seq.).
The permit shall be approved prior to the effective date of such agreement.
2.
Information and Plan Submittal. Development proposal
plans submitted shall contain the following:
a.
Location of dwelling units within the project intended for affordable
housing;
b.
Total number of rental dwelling units and for-sale dwelling units
within the project;
c.
Proposed rent schedules and/or sale prices;
d.
A development pro-forma with the capital costs, operation expense,
return on investment, loan-to-value ratio and the debt coverage ratio
including the contribution(s) provided by any applicable subsidy program(s),
and the economic effects created by the minimum 30-year use and income
restriction on the affordable units;
e.
An appraisal report indicating the value of the density bonus and
of the incentive(s)/concession(s);
f.
A use of funds statement identifying the financing gaps for the housing
development with the affordable housing units. The analysis shall
show how the funding gap relates to the density bonus and to the incentive(s)/concession(s);
g.
Any other information requested by the Director of Community Development.
J.
Appeal Process. Any appeal relating to density bonuses, incentives,
concessions, or waivers/modifications of development standards shall
comply with Buena Park Municipal Code requirements.
(Ord. 1564 § 3, 2013)
A.
Regardless
of the maximum density calculated pursuant to this chapter, 1 dwelling
unit shall be permitted on any lawfully established lot in a RS zone
if such lot has a net area of at least 2,500 square feet.
B.
In
other cases, in determining the maximum number of dwelling units permitted
within a subdivision, any fraction of dwelling unit in the calculated
result, after applying all density factors, shall not be construed
as allowing an additional dwelling unit if such fraction is less than
0.5.
The minimum size and dimensions of lots created in the various
zones shall be as shown in Table 19.308.050.
|
Table 19.308.050
MINIMUM SITE DIMENSIONS
| ||||
|---|---|---|---|---|
|
Zone
|
Minimum Lot Area (square feet)
|
Minimum Street Frontage (feet)
|
Minimum Lot Width (feet)
|
Minimum Lot Depth (feet)
|
|
RS-16
|
16,000 (1)
|
100
|
100 (1)
|
150
|
|
RS-10
|
10,000 (1)
|
85
|
85 (1)
|
110
|
|
RS-8
|
8,000 (1)
|
80
|
80 (1)
|
100
|
|
RS-6
|
6,000 (1) (2) (3)
|
40 (3)
|
60 (1)
|
—
|
|
Notes:
| |
|---|---|
|
(1)
|
For corner lots in single-family residential zones, the minimum
lot area shall be increased by 500 square feet and the minimum lot
width shall be increased by 5 feet over the amount shown in this table.
|
|
(2)
|
Where property is also located in the A Overlay Zone, the minimum lot size shall be 14,000 square feet. See Section 19.312.040.
|
|
(3)
|
For existing lots in the RS-6 Zone in Tracts 280, 624, 625,
and 650, lots may be combined and/or divided to meet the predominant
lot area, street frontage and lot width dimensions of lots within
the tract containing such lots.
|
