This chapter is intended to provide incentives for the provision
or construction of housing for very low, low, moderate income and
senior households.
(Ord. 5539 § 1, 2006; Ord. 5905 § 1, 2017)
This chapter shall apply to all zones where residential developments of five or more dwelling units are proposed and where the applicant proposes density beyond that permitted by the applicable zone. Section 30.36.090 of this chapter shall apply to any residential development meeting the requirements of Section 30.36.050(A).
(Ord. 5539 § 1, 2006)
The following words or phrases used in this chapter shall have
the following meanings. These definitions shall only apply to this
chapter.
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 centers.
means a density increase of at least 20%, unless a lesser
percentage is elected by the applicant, over the maximum allowable
gross residential density permitted in the applicable zone.
means a site or construction condition, including, but not
limited to, a height limitation, a setback requirement, a floor area
ratio, an on-site open-space requirement, or a parking ratio that
applies to a residential or mixed-use development pursuant to any
ordinance, general plan element, specific plan, or other local condition,
law, policy, resolution, or regulation.
means a development project for five or more dwelling units
constructed in the city. For purposes of this chapter, “housing
development” also includes a subdivision, planned unit development
or common interest development, as defined in Section 4100 of the
Civil Code, approved by the city, and consists of residential units
or unimproved residential lots and either a project to substantially
rehabilitate and convert an existing non-residential building to residential
use, and the substantial rehabilitation of an existing multifamily
dwelling, as defined in Government Code Section 65863.4(d), where
the rehabilitation or conversion would create a net increase in available
residential units. For the purpose of calculating a density bonus,
the residential units shall be on contiguous sites that are the subject
of one development application, but do not have to be based upon individual
subdivision maps or parcels. The density bonus shall be permitted
in geographic areas of the housing development other than the areas
where the units for the lower income households are located.
mean any of the following:
A reduction in site development standards or a modification
of zoning code requirements or architectural design requirements that
exceed 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, a reduction in setback and square footage requirements
and in the ratio of vehicular parking spaces that would otherwise
be required, that results in identifiable and actual cost reductions,
to provide for affordable housing costs, as defined in Section 50052.5
of the Health and Safety Code, or for rents for very low and low income
units.
Approval of mixed-use zoning in conjunction with the housing
development, as defined in this section, if commercial, office, industrial,
or other land uses will reduce the cost of the housing development
and the commercial, office, industrial, or other land uses are compatible
with the housing development and the existing or planned development
in the area where the proposed housing development will be located.
Other regulatory incentives or concessions proposed by the applicant
or the city that result in identifiable and actual cost reductions
to provide for affordable housing costs as defined in Section 50052.5
of the Health and Safety Code, or for rents for very low and low income
units.
The city is neither limited from providing nor required to provide
direct financial incentives, including publicly owned land or the
waiver of fees or dedication requirements.
means the maximum number of residential units permitted by the applicable zoning designation. The maximum density for a housing development on a lot that qualifies for additional density based on lot width, as provided in Section 30.11.030, shall be the highest allowable density. In the downtown specific plan (DSP) area, the maximum number of units shall be calculated by determining the maximum number of units allowed within the building envelope that would be created by complying with all of the design standards and guidelines in the DSP, including, but not limited to, height, number of stories, setbacks, FAR, and minimum unit size. For mixed-use projects in the DSP, the maximum residential density shall exclude all square footage dedicated to nonresidential uses.
(Ord. 5539 § 1, 2006; Ord. 5747 § 57, 2011; Ord. 5905 § 2, 2017)
A.
The
request for approval of a density bonus housing plan, including a
density bonus, incentives or concessions, and/or parking concessions
shall be reviewed by the director of community development without
a public hearing.
B.
The request for approval of a density bonus housing plan, including a density bonus, incentives or concessions, and/or parking concessions with a request for waivers or reductions in development standards shall be reviewed by the hearing officer with a public hearing. If the case involves the above requests and a variance related to a use, the director of community development may authorize the entitlement requests to be considered by the planning commission rather than both the hearing officer and the planning commission. Requests in a redevelopment project area, as adopted by the legislative body/Glendale redevelopment agency, shall be reviewed by the Glendale city council with a public hearing. Notice for this hearing shall be the same as that given for a variance in Chapter 30.61.
C.
Nothing herein shall be construed to waive or modify the requirement that each housing development obtain design review approval under Glendale Municipal Code Chapter 30.47 or the design review process for those projects in redevelopment project areas; provided, however, the review authority shall not, through the design review process, reverse, negate, or limit any density bonus, incentive or concession, waiver or reduction in development standards or parking concession granted pursuant to this code.
(Ord. 5539 § 1, 2006; Ord. 5645 § 30, 2009; Ord. 5747 § 58, 2011; Ord. 5752 § 7, 2011; Ord. 5905 § 3, 2017)
A.
Upon
submittal of an application for a housing development or donation
of land, a density bonus and incentives or concession shall be granted
when the applicant seeks and agrees to construct one of the following:
1.
At
least 10% of the total units of a housing development for low income
households as defined in Section 50079.5 of the California Health
and Safety Code; or
2.
At
least 5% of the total units of a housing development for very low
income households as defined in Section 50105 of the California Health
and Safety Code; or
3.
A
senior citizen housing development as defined in Sections 51.3 and
51.12 of the California Civil Code; or
4.
At
least 10% of the total dwelling units in a common interest development,
as defined in Section 4100 of the California Civil Code, for person
and families of moderate income, as defined in Section 50093 of the
California Health and Safety Code, provided that all units in the
development are offered to the public for purchase; or
5.
At
least 10% of the total dwelling units of a housing development for
transitional foster youth, as defined in Section 66025.9 of the California
Education Code, disabled veterans, as defined in California Government
Code Section 18541, or homeless persons, as defined in the federal
McKinney-Vento Homeless Assistance Act (42 U. S. C. Section 11301
et seq.). The units described in this subparagraph shall be subject
to a recorded affordability restriction of 55 years and shall be provided
at the same affordability level as very low income units.
B.
For purposes of calculating the amount of the density bonus pursuant to Section 30.36.060, an applicant who requests a density bonus shall elect whether the bonus shall be awarded on the basis of one of the categories set forth in Section 30.36.050(A)(1) through (5).
C.
Each
component of any density calculation, including base density and bonus
density, resulting in fractional units shall be separately rounded
up to the next whole number.
D.
Density bonus calculations for a condominium conversion project shall be governed by Section 30.36.125.
(Ord. 5539 § 1, 2006; Ord. 5905 § 4, 2017)
A.
In determining the number of density bonus units to be granted, the maximum residential density for the site shall increase according to the amount by which the percentage of affordable housing units exceeds the percentage established by Section 30.36.050, Calculation of density bonus.
1.
For
each 1% increase above 10% in the percentage of units affordable to
low income households, the density bonus shall be increased by one
and one-half (1.5) percent up to a maximum of 35%.
2.
For
each 1% increase above 5% in the percentage of units affordable to
very low income households, the density bonus shall be increased by
two and one-half (2.5) percent up to a maximum of 35%.
3.
For
each 1% above 10% of the percentage of units affordable to moderate
income households, the density bonus shall be increased by 1% up to
a maximum of 35%.
4.
An
applicant must select only one housing type to merit a density bonus.
A combination of affordable housing types is not permitted to be combined
to increase the amount of density bonus.
|
Table 30.36-A
| |
|---|---|
|
Housing Type
|
Amount of Density Bonus
|
|
Lower income households (10% minimum)
|
20% plus 1.5% for each percentage of affordability over 10%
(35% maximum bonus)
|
|
Very low income households (5% minimum)
|
20% plus 2.5% for each percentage of affordability over 5% (35%
maximum bonus)
|
|
Moderate income households
|
5% plus 1% for each percentage of affordability over 10% (35%
maximum bonus)
|
|
Senior citizen housing developments 35 or more units
|
20% of the number of senior housing units
|
|
Affordable housing projects with a child care facility component
|
Additional square footage for residential component in amount
equal to square footage of child care component, or an additional
incentive or concession that contributes significantly to the feasibility
of the child care center
|
|
Housing development for transitional foster youth, disabled
veterans, or homeless persons (10% minimum at very low income)
|
20% of the number of units provided for transitional foster
youth, disabled veterans or homeless persons
|
B.
The
density bonus units shall not be included when determining the number
of affordable units.
C.
The
applicant may request a lesser density bonus than the project is entitled
to, but no reduction will be permitted in the number of required affordable
units.
D.
Applicants are not entitled to a density bonus of more than 35%. However, the city may grant a density bonus greater than the amount of density bonus described in this section for a housing development that meets or exceeds the requirements of this chapter. For housing developments that do not meet all the requirements of this chapter, the city may grant a density bonus and incentives in proportion to the amount of affordable or senior housing provided. Any request for the grant of a density bonus greater than 35% shall be reviewed by the Glendale city council with a public hearing. The council may approve or deny such a request at its sole discretion, taking into consideration factors including, but not limited to: the number and type of affordable units proposed, the housing type, the underlying zone, and neighborhood conditions and compatibility. Notice for this hearing shall be the same as that given for a variance in Chapter 30.61.
E.
A density bonus request shall not require a general plan amendment, zone change, or other discretionary approval. Except as provided in Sections 30.36.070 and 30.36.080, the granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.
F.
The
proposed affordable dwelling units shall be reasonably dispersed throughout
the project to the satisfaction of the director of community development
and shall be of comparable size and similar exterior.
(Ord. 5539 § 1, 2006; Ord. 5747 § 59, 2011; Ord. 5905 § 5, 2017)
A.
When
an applicant seeks a density bonus, the director of community development
shall grant the following number of incentives or concessions as follows:
1.
One
incentive or concession for projects that include at least 10% of
the total units for low income households, at least 5% for very low
income households, or at least 10% for persons and families of moderate
income in a condominium or planned development.
2.
Two
incentives or concession for projects that include at least 20% of
the total units for low income households, at least 10% for very low
income households, or at least 20% for persons and families of moderate
income in a condominium or planned development.
3.
Three
incentives or concessions for projects that include at least 30% of
the total units for low income households, at least 15% for very low
income households, or at least 30% for persons and families of moderate
income in a condominium or planned development.
4.
No incentives or concessions shall be given for senior citizen housing development projects. One or more waivers or reductions in development standards may be requested pursuant to Section 30.36.080(B).
|
Table 30.36-B
| |
|---|---|
|
Number of Concessions
|
Level of Affordability
|
|
1
|
10% affordable to lower income households (rental)
5% affordable to very low income households (rental)
10% affordable to moderate income (condominium)
|
|
2
|
20% affordable to lower income households (rental)
10% affordable to very low income households (rental)
20% affordable to moderate income (condominium)
|
|
3
|
30% affordable to lower income households (rental)
15% affordable to very low income households (rental)
30% affordable to moderate income (condominium)
|
(Ord. 5539 § 1, 2006; Ord. 5803 § 101, 2013; Ord. 5905 § 6, 2017)
A.
Incentives or concessions. When an applicant for a density
bonus requests incentives or concessions, the director of community
development shall grant the requested incentives or concessions, unless
he or she makes written findings, based upon substantial evidence,
of any one or more of the following:
1.
The
incentive or concession does not result in identifiable and actual
cost reductions to provide for affordable housing costs or to provide
affordable rents.
2.
The
incentive or concession will have a “specific adverse impact
upon public health and safety,” as defined in paragraph (2)
of subdivision (d) of California Government Code Section 65589.5,
or the physical environment or 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 housing development unaffordable
to low-income and moderate-income households. As used herein, “specific
adverse impact upon public health or safety” means a significant,
quantifiable, direct, and unavoidable impact, based on objective,
identified written public health or safety standards, policies or
conditions as they existed on the date the application was deemed
complete. Inconsistency with the zoning ordinance or the land use
designation in the general plan shall not constitute a specific, adverse
impact upon public health or safety.
3.
The
incentive or concession will be contrary to state or federal law.
The granting of an incentive or concession shall not require or be
interpreted, in and of itself, to require a general plan amendment,
zoning change, study, or other discretionary approval. For purposes
of this subdivision, “study” does not include reasonable
documentation to establish eligibility for the concession or incentive
or to demonstrate that the incentive or concession meets the definition.
B.
Waivers or reductions in development standards. An applicant
may request waivers or reductions in development standards in addition
to the incentives or concessions requested. The hearing officer shall
review such request for waivers or reductions in development standards
in conjunction with the density bonus and incentive or concession
requests at a public hearing. The hearing officer shall grant the
request for waivers or reductions in development standards pursuant
to this section only if he or she makes all of the following written
findings:
1.
The
application of said development standard(s) will have the effect of
physically precluding the construction of the housing development
at the density and with the incentives or concessions granted pursuant
to this chapter;
2.
The
waiver or reduction in development standards will not have a specific,
adverse impact, as defined in paragraph (2) of subdivision (d) of
California Government Code Section 65589.5, upon health, safety, or
the physical environment, and for which there is no feasible method
to satisfactorily mitigate or avoid the specific adverse impact;
3.
The
waiver or reduction in development standards will not have an adverse
impact on any real property that is listed in the California Register
of Historical Resources; and
4.
The
waiver or reduction in development standards will not be contrary
to state or federal law.
|
Unless the hearing officer makes all of the findings required by this subsection, he or she shall deny the request for waivers or reductions in development standards. A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concession to which the applicant is entitled pursuant to Section 30.36.070.
|
(Ord. 5539 § 1, 2006; Ord. 5747 § 60, 2011; Ord. 5905 § 7, 2017)
A.
An
applicant for a housing development meeting the minimum requirements
to qualify for a density bonus may apply for a parking concession
pursuant to the following ratios inclusive of handicapped and guest
parking:
|
Number of Bedrooms
|
Minimum Number of Parking Spaces
|
|---|---|
|
Zero to one bedrooms
|
1 on-site parking space
|
|
Two to three bedrooms
|
2 on-site parking spaces
|
|
Four and more bedrooms
|
2½ parking spaces
|
B.
Notwithstanding subsection A, if a housing development includes at least 20% low income units or 11% very-low income units and is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the California Public Resources Code, and there is unobstructed access to the major transit stop from the housing development, then, upon the request of the applicant, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds one-half (0.5) space per bedroom. For purposes of this section, a housing development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.
C.
Notwithstanding subsection A, if a housing development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the California Health and Safety Code, then, upon the request of the applicant, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following ratios:
1.
If
the housing development is located within one-half (0.5) mile of a
major transit stop, as defined in subdivision (b) of Section 21155
of the California Public Resources Code, and there is unobstructed
access to the major transit stop from the housing development, the
ratio shall not exceed one-half (0.5) space per unit.
2.
If
the housing development is a for-rent housing development for individuals
who are 62 years of age or older that complies with Sections 51.2
and 51.3 of the California Civil Code, the ratio shall not exceed
one-half (0.5) space per unit. The housing development shall have
either paratransit service or unobstructed access, within one-half
(0.5) mile, to fixed bus route service that operates at least eight
times per day.
3.
If
the housing development is a special needs housing development, as
defined in Section 51312 of the California Health and Safety Code,
the ratio shall not exceed one-third (0.3) space per unit. The housing
development shall have either paratransit service or unobstructed
access, within one-half (0.5) mile, to fixed bus route service that
operates at least eight times per day.
D.
Notwithstanding subsections B and C, if the city, a public agency, or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then the city may impose a higher vehicular parking ratio not to exceed the ratio described in subsection A, based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low-income individuals, including seniors and special needs individuals. The city shall make findings, based on a parking study completed in conformity with this subsection, supporting the need for the higher parking ratio.
E.
If
the total number of parking spaces required for a housing development
is other than a whole number, the number shall be rounded up to the
next whole number.
F.
For
purposes of this chapter only, a housing development may provide on-site
parking through tandem parking or uncovered parking, but not through
on-street parking.
(Ord. 5539 § 1, 2006; Ord. 5905 § 8, 2017)
A.
Affordable
units offered for rent to low-income and very low-income households
shall be made available for rent at an affordable rent as defined
in Section 50053 of the California Health and Safety Code and shall
remain restricted and affordable to the designated income group for
a minimum period of 55 years. A longer period of time may be specified
if required by any construction or mortgage financing assistance program,
mortgage insurance program, or rental subsidy program applicable to
the housing development. The units shall remain affordable as follows:
B.
An
applicant and the city shall agree to ensure that the initial occupant
of all for-sale units that qualified the applicant for the award of
the density bonus are persons and families of very low, low, or moderate
income, as required, and that the units are offered at an affordable
housing cost, as that cost is defined in Section 50052.5 of the California
Health and Safety Code. The City shall enforce an equity sharing agreement,
unless it is in conflict with the requirements of another public funding
source or law. The following apply to the equity sharing agreement:
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), and its proportionate share of appreciation as defined in subsection (B)(3), which amount shall be used within five years for any of the purposes that promote home-ownership described in Section 33334.2(e) of the California Health and Safety Code.
2.
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
to the household, plus the amount of any 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.
C.
An
applicant shall be ineligible for a density bonus or any other incentives
or concessions under this section 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 Jaw that restricts
rents to levels affordable to persons and families of lower or very
low income; subject to any other form of rent or price control through
the city’s valid exercise of its police power; 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 subsection, contains affordable units at the percentages set forth in Section 30.36.050.
2.
Each
unit in the housing development, exclusive of a manager’s unit
or units, is affordable to, and occupied by, either a lower or very
low income household.
D.
For
the purposes of this section, “replace” shall mean either
of the following:
1.
If any dwelling units described in subsection C are occupied on the date of the application, the proposed housing development shall provide at least the same number of units of equivalent size 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. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subsection C in a housing development with occupied units, the proposed housing development shall provide units of equivalent size 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 the last house-hold in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. 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 55 years. If the proposed housing development is for-sale units, the units replaced shall be subject to subsection B.
2.
If all dwelling units described in subsection C 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 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, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. 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 55 years. If the proposed housing development is for-sale units, the units replaced shall be subject to subsection B.
E.
For
purposes of this section, “equivalent size” means that
the replacement units contain at least the same total number of bedrooms
as the units being replaced.
(Ord. 5539 § 1, 2006; Ord. 5905 § 9, 2017)
A.
When an applicant of a housing development of five or more dwelling units donates land to the city as provided in this section, the applicant shall be entitled to a 15% increase above the otherwise maximum allowable residential density permitted in the applicable zone. For each 1% increase above the minimum 10% land donation described in subsection (B)(2) of this section, the density bonus shall be increased 1%, up to a maximum of 35%. This increase shall be in addition to any increase in density allowed by Section 30.36.050, up to a maximum combined density bonus of 35% if an applicant seeks both the increase required by this section and Section 30.36.050.
B.
A housing
development shall be eligible for the density bonus described in this
section if the director of community development finds all of the
following conditions are met:
1.
The
applicant donates and transfers the land no later than the date of
approval of the final subdivision map, parcel map, or other development
application for the housing development.
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 10% of the number
of residential units of the proposed housing development.
3.
The
transferred land is at least one acre in size or of sufficient size
to permit development of at least 40 units, has the appropriate general
plan designation, is appropriately zoned for development as very low
income housing, and will, at the time of transfer or at the time of
construction, be served by adequate public facilities and infrastructure
at no cost to the city. The land shall also be appropriately zoned
and have the appropriate development standards to make the development
of the very low income units feasible. No later than the date of approval
of the final subdivision map, parcel map, or the development application
for the housing development, the transferred land shall have all of
the permits and approvals, other than building permits, necessary
for the development of the very low income housing units on the transferred
land including design review approval, if applicable.
4.
The
transferred land and the affordable units shall be subject to a deed
restriction ensuring continued affordability of the units consistent
with this section, which restriction shall be recorded on the property
at the time of dedication.
5.
The
land shall be transferred to the city, redevelopment agency or to
a housing developer approved by the city.
6.
The
transferred land shall be within the boundary of the proposed housing
development or, if the city council agrees, within one-quarter (0.25)
mile of the boundary of the proposed housing development.
(Ord. 5539 § 1, 2006; Ord. 5747 § 61, 2011; Ord. 5905 § 10, 2017)
A.
When
an applicant proposes to construct a housing development that includes
affordable units and includes a child care facility that will be located
on the premises of, as part of, or adjacent to the housing development,
unless the director of community development or hearing officer finds,
based on substantial evidence, that the community had adequate child
care facilities, he or she shall grant either the following if requested
by the applicant:
1.
An
additional density bonus that is an amount of square feet or residential
space that is equal to or greater than the amount of the square feet
in the child day care facility.
2.
An
additional concession or incentive that contributes significantly
to the economic feasibility of the construction of the child care
facility.
B.
The
director of community development or hearing officer shall also require
as a condition of approving the housing development the following:
1.
The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 30.36.100 (Affordability).
2.
Of
the children who attend the child care facility, the children of very
low income households, low income households, or moderate income households
shall be equal to or greater than the percentage of dwelling units
that are required to be affordable to very low income households,
low income households, or moderate income households.
(Ord. 5539 § 1, 2006; Ord. 5747 § 62, 2011)
A.
When
an applicant for approval to convert apartments to a condominium project
agrees to provide at least 33% of the total units of the proposed
condominium project to persons and families of low or moderate income
as defined in Section 50093 of the California Health and Safety Code,
or 15% of the total units of the proposed condominium project to lower
income households as defined in Section 50079.5 of the California
Health and Safety Code, and agrees to pay for the reasonably necessary
administrative costs incurred by the city pursuant to this section,
the city shall either: (1) grant a density bonus; or (2) provide other
incentives of equivalent financial value. The city may place such
reasonable conditions on the granting of a density bonus or other
incentives of equivalent financial value as it finds appropriate,
including, but not limited to, conditions which assure continued affordability
of units to subsequent purchasers who are persons and families of
low and moderate income or lower income households.
B.
For
purposes of this section, “density bonus” means an increase
in units of 25% over the number of apartments currently permitted
under the city’s general plan, to be provided within the existing
structure or structures proposed for conversion.
C.
For
purposes of this section, “other incentives of equivalent financial
value” shall not be construed to 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.
D.
An applicant for approval to convert apartments to a condominium project may submit to the city a preliminary proposal pursuant to Section 30.36.125 prior to the submittal of any formal requests for subdivision map approvals. The city shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section.
E.
Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums. In addition to the requirements under this section, all applicants to convert apartments to a condominium project shall comply with the requirements of Title 16 of the Glendale Municipal Code and the State Subdivision Map Act.
F.
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 provided under Sections 30.36.050 through 30.36.070 and California Government Code Section 65915.
G.
An
applicant shall be ineligible for a density bonus or any other incentives
or concessions under this section 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 rent or price control through
a public entity’s valid exercise of its police power; or occupied
by lower or very low income households, unless the proposed condominium
project replaces those units, as defined in subparagraph (B) of paragraph
(3) of subdivision (c) of California Government Code Section 65915,
and either of the following applies:
1.
The
proposed condominium project, inclusive of the units replaced pursuant
to subparagraph (B) of paragraph (3) of subdivision (c) of California
Government Code Section 65915, contains affordable units at the percentages
set forth in subdivision (a).
2.
Each
unit in the housing development, exclusive of a manager’s unit
or units, is affordable to, and occupied by, either a lower or very
low income household.
(Ord. 5905 § 11, 2017)
An applicant for a housing development seeking a density bonus, incentive or concession, or waiver or reduction in development standards (including any parking concession as provided in Section 30.36.090), shall submit a density bonus housing plan as part of the project application, that includes the following:
A.
The
number of dwelling units proposed;
B.
The
maximum number of dwelling units permitted in the zone of the proposed
residential housing development;
C.
The number of proposed affordable dwelling units and unit mix (including number of bedrooms, locations of units and sizes of units) meeting the requirements of amount of density bonus described above, the number of any required replacement units pursuant to Section 30.36.100(C), whether the project is a rental or for-sale housing development, whether the project includes housing for transitional foster youth, disabled veterans, or homeless persons; or whether the project is a senior citizen housing development, as defined in California Civil Code Section 51.3;
D.
The
amount of density bonus requested by the applicant, if any;
E.
The
number and description of incentives or concession requested, if any;
F.
The
number and description of waivers or reductions in development standards
requested by the applicant, if any, along with a justification as
to why the application of said development standards will have the
effect of physically precluding the construction of the housing development
at the density and with the incentives or concessions requested;
G.
The
amount of parking concession request by the applicant, if any;
H.
If
the applicant proposes to construct a child care facility in conjunction
with an affordable housing development that will be located on or
adjacent to the site of the proposed affordable housing development,
the applicant shall state whether it seeks an additional density bonus
that is an amount of square feet of residential space that is equal
to or greater than the amount of square feet of residential space
that is equal to or greater than the amount of square feet in the
child care facility, or an additional concession or incentive.
(Ord. 5539 § 1, 2006; Ord. 5905 § 12, 2017)
The director of community development’s or the hearing
officer’s approval of a density bonus housing plan, including
any density bonus, incentive or concession, waiver or reduction in
development standards, or parking concession, shall be subject to
the execution by the applicant of a density bonus housing agreement
approved by the director of community development and the city attorney.
The density bonus housing agreement shall restrict the rental or sale
of the required percentage of dwelling units in the housing development
to persons or families of very low, lower, or low and moderate income
households, as applicable, for affordable housing developments, or
to senior citizens for senior citizen housing developments. The density
bonus housing agreement shall be consistent with the following provisions:
A.
Applicants
requesting a density bonus shall agree to enter into a density bonus
housing agreement with the city approved by the director of community
development and the city attorney and shall be recorded as a restriction
on any parcels on which the affordable units or density bonus units
will be constructed.
B.
The
density bonus housing agreement shall be recorded prior to final or
parcel map approval, or where the housing development does not include
a map, prior to the issuance of a building permit for any structure
in the housing development. The density bonus housing agreement shall
run with the land and bind all future owners and successors in interest.
(Ord. 5539 § 1, 2006; Ord. 5747 § 63, 2011; Ord. 5905 § 13, 2017)
When an applicant for approval of commercial development has entered into an agreement for partnered housing, as described in California Government Code Section 65915.7(c), to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city shall grant to the commercial developer a development bonus as prescribed in California Government Code Section 65915.7(b). This section shall be implemented in accordance with California Government Code Section 65915.7, as long as that section is in effect, and in accordance with Title 30 of the Glendale Municipal Code.
(Ord. 5905 § 14, 2017)
For appeal procedures, see Chapter 30.62.
(Ord. 5539 § 1, 2006)
|
Lower Income Households
| ||
|---|---|---|
|
Percent Affordable
|
Amount of Density Bonus (Percentage)
|
Number of Incentives
|
|
10
|
20
|
1
|
|
11
|
21.5
|
1
|
|
12
|
23
|
1
|
|
13
|
24.5
|
1
|
|
14
|
26
|
1
|
|
15
|
27.5
|
1
|
|
16
|
29
|
1
|
|
17
|
30.5
|
1
|
|
18
|
32
|
1
|
|
19
|
33.5
|
1
|
|
20
|
35
|
2
|
|
30
|
35
|
3
|
|
Very Low Income
| ||
|---|---|---|
|
Percent Affordable
|
Amount of Density Bonus (Percentage)
|
Number of Incentives
|
|
5
|
20
|
1
|
|
6
|
22.5
|
1
|
|
7
|
25
|
1
|
|
8
|
27.5
|
1
|
|
9
|
30
|
1
|
|
10
|
32.5
|
2
|
|
11
|
35
|
2
|
|
15
|
35
|
3
|
|
Moderate Income
| ||
|---|---|---|
|
Percent Affordable
|
Amount of Density Bonus (Percentage)
|
Number of Incentives
|
|
10
|
5
|
1
|
|
11
|
6
|
1
|
|
12
|
7
|
1
|
|
13
|
8
|
1
|
|
14
|
9
|
1
|
|
15
|
10
|
1
|
|
16
|
11
|
1
|
|
17
|
12
|
1
|
|
18
|
13
|
1
|
|
19
|
14
|
1
|
|
20
|
15
|
2
|
|
21
|
16
|
2
|
|
22
|
17
|
2
|
|
23
|
18
|
2
|
|
24
|
19
|
2
|
|
25
|
20
|
2
|
|
26
|
21
|
2
|
|
27
|
22
|
2
|
|
28
|
23
|
2
|
|
29
|
24
|
2
|
|
30
|
25
|
3
|
|
31
|
26
|
3
|
|
32
|
27
|
3
|
|
33
|
28
|
3
|
|
34
|
29
|
3
|
|
35
|
30
|
3
|
|
36
|
31
|
3
|
|
37
|
32
|
3
|
|
38
|
33
|
3
|
|
39
|
34
|
3
|
|
40
|
35
|
3
|
|
Senior Housing
| ||
|---|---|---|
|
Percent of Units for Seniors
|
Amount of Density Bonus (Percentage of Number of Senior Housing
Units)
|
Number of Incentives
|
|
100
|
20
|
0
|
|
Housing for Transitional Foster Youth/Disabled Veterans/Homeless
Persons
| ||
|---|---|---|
|
Percent Affordable (Very Low Income)
|
Amount of Density Bonus (Percentage of Number of the Type of
Units Giving Rise to Density Bonus)
|
Number of Incentives
|
|
10
|
20
|
0
|
(Ord. 5539 § 1, 2006; Ord. 5905 § 15, 2017)
