This article provides the incentives for the construction of affordable housing units in the City and establishes the procedures and requirements for the consideration of density bonus agreements for the purposes specified in and as authorized by Government Code Section 65915 et seq.
(Ord. 640, § 5)
The following density bonus and incentives are provided to developers that provide affordable housing units in accordance with the provisions of Government Code Section 65915 and this article, as set forth below:
(a) 
A 25% increase in the underlying number of dwelling units allowed under the applicable zoning regulations plus one of the incentives specified in Subsection (c) of this section if any one of the following applies: (i) at least 10% of the units are affordable to households earning no more than 50% of median income; (ii) at least 20% of the units are affordable to households earning no more than 60% of median income; or (iii) at least 50% of the units are designated for qualifying senior citizens.
(b) 
Up to a 50% increase in the underlying number of dwelling units allowed under the applicable zoning regulations plus one of the incentives specified in Subsection (c) of this section if either one of the following applies: (i) at least 20% of the units are affordable to households earning no more than 50% of median income; or (ii) at least 40% of the units are affordable to households earning no more than 60% of median income. Eligibility of the densities specified in this Subsection shall also be contingent on the developer agreeing to provide the type and amount of amenities specified in Subsection (d) of this section. In no case shall a density bonus be granted for more than 50% of base density.
(c) 
One additional incentive from those listed in this subsection below, beyond the base density bonus authorized in Subsections (a) or (b) of this section, shall be provided to developers who propose housing in any one of the percentages specified in Subsections (a) or (b) of this section. The type and extent of the incentive provided shall not be automatic but shall be subject to the City's approval. The additional incentive or incentives potentially available pursuant to this article consists of one or more of the following:
(1) 
A reduction in the required amount of parking for the project, not to exceed 10%;
(2) 
A reduction in the required amount of open space for the project, not to exceed 10%; or
(3) 
A reduction in the required setback dimensions for the project, not to exceed 50% of required setback dimensions, provided that in no event shall a setback be less than five feet from the applicable property line.
(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 10 feet.
(d) 
In order for a developer to obtain the density specified in Subsections (a) or (b) of this section and the one incentive specified in Subsection (c) of this section, the developer shall provide at least two of the following amenities for projects involving less than 30 dwelling units, three of the following amenities for projects involving thirty to fifty (30-50) dwelling units, four of the following amenities for projects involving fifty-one to seventy-five (51-75) units, and all six amenities for projects having 76 or more dwelling units, subject to City approval as to scope, location and design:
(1) 
An enclosed tot lot with multiple play equipment.
(2) 
Barbeque facility equipped with grills and picnic benches.
(3) 
Community multi-purpose room equipped with a kitchen, and defined areas for games, exercises and programs.
(4) 
A large open lawn, with one dimension being at least 25 feet.
(5) 
A pool or spa.
(6) 
A bus turn-out and bus shelter along the street frontage of the property or at a location agreed upon by the City.
(e) 
For any project developed with a density bonus that is proposed to have more than 10 dwelling units, the developer or operator shall provide: (i) an on-site management office which is separate from the residential units; and (ii) common laundry facilities at a ratio of one washing machine and clothes dryer per five dwelling units.
(f) 
For any density bonus granted under the provisions of this article, the developer shall agree to ensure continued affordability of all lower income density bonus units for not less than 30 years, unless with respect to developers meeting any of the thresholds in Section 9-2.4302 (a), the City has made a finding that the provision of an incentive, as specified in Subsection (c), is not required in order to provide affordable housing or lower rents pursuant to a rent subsidy program, as specified in Government Code Section 65915(c). In such case, the developer shall ensure continued affordability for no less than 10 years. Those developers meeting the threshold designation for senior housing set forth in Section 9-2.4302(b) shall maintain such housing designation for no less than 30 years.
(g) 
If a developer agrees to construct both 20% of the total units for lower income households and 10% of the total units for very low income households, the developer may receive only one density bonus and one incentive.
(Ord. 640, § 5)
(a) 
Only a qualified applicant may file an application for a density bonus agreement. A qualified applicant is a person who has a legal or equitable interest in the real property, which is the subject of the density bonus agreement, or an authorized agent of a person who has a legal or equitable interest. The Planning Department may require an applicant to submit a title report or other evidence satisfactory to the Planning Department to verify the applicant's interest in the real property and the authority of the agent to act for the applicant.
(b) 
Where a density bonus request does not involve an existing development, the application for a density bonus agreement shall be filed concurrently with all other development application(s).
(c) 
The density bonus agreement may only be requested for development projects consisting of (prior to any density increase) five or more dwelling units.
(d) 
For the purposes of this article, a "density bonus" shall mean an increase in residential density from that otherwise allowable under the City's Zoning Ordinance (the base density), in return for the provision of housing meeting the specified criteria and, where applicable, the type and amount of amenities specified in Subsection (d) of Section 9-2.4302.
(e) 
When determining the number of units that 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 not be rounded up.
(Ord. 640, § 5)
(a) 
An application for a density bonus and a required density bonus agreement shall be made on a form provided for that purpose by the Planning Department, along with the required fee and/or deposit established by the City Council.
(b) 
The application shall be accompanied by the appropriate number of draft density bonus agreements as listed on the application. Said agreement shall be in a form acceptable to the City Attorney and may include the following provisions as well as any other deemed necessary by the City 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 successors in interest of the developer, and shall be recorded in the Office of the Los Angeles County Recorder, prior to issuance of any building permits for the project;
(2) 
The developer shall give the City the continuing right-of first-refusal to purchase or lease any or all of the designated units at the fair market value;
(3) 
Each deed to the designated units shall contain a covenant, and any conditions, covenants and restrictions (CC&Rs) for the project shall contain a provision, stating that the developer, owner and/or his or her successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer any interests for same without the written approval of the City confirming that the sales price of the units is consistent with the limits established for very low, low- and/or moderate-income households, which shall be related to the Consumer Price Index and/or, as applicable, that the required number of units are appropriately designated for senior housing;
(4) 
The City 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 Planning Department may require additional information if deemed necessary to enable the Planning Commission and City Council to determine whether the density bonus agreement, in the context of the proposed housing project, is consistent with the objectives and standards of the City's General Plan, the City's Zoning Ordinance, and any applicable specific plan.
(Ord. 640, § 5)
(a) 
The Planning Commission shall hold a public hearing on an application for a density bonus agreement. The hearing shall be set and notice given as prescribed in Article 23 of this chapter. The hearing may be continued from time to time.
(b) 
The Planning Commission shall determine whether the density bonus agreement is consistent with the required findings for approval as set forth in Section 9-2.4307 of this article, and shall recommend to the City Council that the density bonus agreement be approved, approved as amended, or denied.
(Ord. 640, § 5)
(a) 
Upon receiving a recommendation from the Planning Commission on a proposed density bonus agreement, the City Council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Article 23 of this chapter. The hearing may be continued from time to time.
(b) 
Following the closing of a public hearing, the Council shall determine if the density bonus agreement is consistent with the findings contained within Section 9-2.4307 of this article and shall determine the type of additional incentive and amenities that will be granted or required, if applicable. If determined to be consistent, the City Council shall adopt a resolution approving the density bonus agreement.
(Ord. 640, § 5)
Prior to taking an action to approve or recommend approval of a density bonus agreement, the reviewing authority shall find as follows:
(a) 
The proposed density bonus agreement applies to a lot or parcel of land that is zoned for the type of housing project proposed and that such use is consistent with the designation of the property specified in the General Plan, with any other policies and standards contained in the General Plan, the Zoning Ordinance, and with any applicable specific plan.
(b) 
The proposed density bonus agreement complies with the requirements of California Government Code Section 65915, et seq.
(c) 
The granting of the proposed density bonus will result in the provision of affordable housing that is required to satisfy the City's regional share of affordable housing that is specified in the City's Housing Element.
(d) 
The granting of the proposed density bonus will not have an adverse impact on adjacent properties or on the general public.
(Ord. 640, § 5)
The City shall periodically review all approved density bonus agreements to determine whether the applicant, or successor in interest thereto, is demonstrating good faith compliance with the terms of the agreement. This review process shall require the submittal of an application form, materials, and fees as established by City Council resolution.
(Ord. 640, § 5)