City of Buena Park, CA Intensity of Use and Site Requirements

Zone	Density (dwelling units per net acre)
RMH	12.0
RM-10	10.0 (1)
RM-20	20.0 (2)

Notes:
(1)	In the RM-10 zone, a minimum 100 ft. lot width and a minimum 12,500 sq. ft. lot area is required for more than 1 dwelling unit on a lot.
(2)	In the RM-20 zone, special density requirements apply for lots with less than 100 feet in width and/or less than 12,500 sq. ft. in lot area. See Section 19.448.025.

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.

Definitions. For the purpose of this chapter, the following definitions shall apply:

"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.

"Affordable housing costs"

means the amounts set forth in the Health and Safety Code Sections 50052.5 and 50053, as may be amended.

"Approving body"

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.

"Child care facility"

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.

"Civil Code; Government Code; Health and Safety Code."

All code section references are to the California Codes, unless otherwise noted.

"Common interest development"

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.

"Concession(s)" or "incentive(s)"

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.

"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"

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.

"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"

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.

"Development standard"

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.

"Housing development"

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.

"Lower income households"

means households defined in Section 50079.5 of the Health and Safety Code, as may be amended.

"Maximum allowable residential density"

means the density allowed under the zoning ordinance.

"Persons and families of moderate income"

means persons and families defined in Section 50093 of the Health and Safety Code, as may be amended.

"Senior citizen housing development"

means a project as defined by Sections 51.3 and 51.12 of the Civil Code, as may be amended.

"Very low income households"

means households defined in Section 50105 of the Health and Safety Code, as may be amended.

Density Bonus Requirements, Calculations and Location.

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:

Lower Income Households. 10 percent of the total units of a housing development for lower income households.

Very Low Income Households. 5 percent of the total units of a housing development for very low income households.

Senior Housing. A senior citizen housing development.

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.

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:

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.

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.

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.

Density Calculation.

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.

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.

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.

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.

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.

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.

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.

Concessions, Incentives and Standards.

Evidence for Concessions 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:

The concession or incentive is not required in order to provide for affordable housing; or

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

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.

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

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.

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.

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:

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.

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.

The applicant shall show by substantial evidence that the proposed waiver or modification is necessary to make the housing units economically feasible.

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.

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:

1 on-site parking space for up to 1 bedroom.

2 on-site parking spaces for up to 3 bedrooms.

2.5 on-site parking spaces for more than 3 bedrooms.

Parking Calculations. All parking calculations for the development resulting in a fraction shall be rounded up to the next whole number.

Allowed Parking Types. Required parking may be provided by tandem parking or uncovered parking, but not by on-street parking.

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.

Donation of Land.

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.

Requirements for Donated Land.

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

The units developed on donated land shall be affordable to very low income households.

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:

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.

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.

The transferred land is at least 1 acre in size or of sufficient size to permit development of at least 40 units.

There must be appropriate zoning and development standards to make the development of the affordable units feasible.

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.

Condominium Conversions.

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:

"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.

"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.

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.

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.

Other Requirements. Nothing shall require the City to approve a proposal to convert apartments to condominiums.

Provision of Child Care Facilities.

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:

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

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

Conditions. The City shall require that as a condition of approving the housing development:

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.

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.

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.

Continued Affordability.

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.

Rental units for lower income households shall maintain a rent that does not exceed 30 percent of 70 percent of area median income.

Rental units for very low income households shall maintain a rent that does not exceed 30 percent of 50 percent of area median income.

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.

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:

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.

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.

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.

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.

Application Requirements.

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.

Information and Plan Submittal. Development proposal plans submitted shall contain the following:

Location of dwelling units within the project intended for affordable housing.

Total number of rental dwelling units and for-sale dwelling units within the project.

Proposed rent schedules and/or sale prices.

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.

An appraisal report indicating the value of the density bonus and of the incentive(s)/concession(s).

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).

Any other information requested by the Director of Community Development.

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)

Table 19.408.050 MINIMUM SITE DIMENSIONS
Zone	Minimum Lot Area (square feet)	Minimum Street Frontage (feet)	Minimum Lot Width (feet)	Minimum Lot Depth (feet)
RMH	200,000	—	—	—
RM-10	12,500	50	100	—
RM-20	12,500	50	100	—