This chapter is being enacted: (A) to provide incentives for the production of housing for very low income, low income, moderate income, and senior citizen households, as well as transitional foster youth, disabled veterans, homeless persons, and lower income students; (B) to provide incentives for the construction of child care facilities serving very low, lower and moderate income households; and (C) to implement Sections 65915, 65915.5, and 65917 of the Government Code as required by Section 65915(a). In enacting this chapter, the city also intends to implement the goals, objectives, and policies of the city's general plan housing element to encourage the construction of affordable housing in the city. It is also the city's intent to encourage the development of rental housing to serve an economically diverse community. Accordingly, the city desires to provide a density bonus upon the request of an applicant when the applicant is not otherwise required to include affordable or senior citizen restricted units in a project.
(Ord. 1065-11 § 1; Ord. 1175-2- § 2)
For purposes of this chapter, the following definitions shall apply. Unless specifically defined below, words or phrases shall be interpreted as to give this chapter its most reasonable interpretation.
"Affordable housing cost"
bears the meaning as defined in Section 50052.5 of the Health and Safety Code, as may be amended.
"Affordable ownership costs"
means average annual housing costs, including mortgage payments, property taxes, homeowners insurance, and homeowners' association dues, if any, which do not exceed the following:
1. 
Very low income households:
fifty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent.
2. 
Lower income households:
seventy percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent.
3. 
Moderate income households:
one hundred ten percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty-five percent.
On an annual basis, the city shall make available copies of the U.S. Department of Housing and Urban Development household income limits applicable to owner-occupied affordable units subject to this chapter and may determine an inflation factor to establish the affordable ownership cost limits applicable to an affordable unit.
"Affordable rent"
bears the same meaning as defined in Section 50053 of the Health and Safety Code, as may be amended.
"Affordable units"
are dwelling units which are affordable to very low, lower, or moderate income households as defined by this chapter or by any federal or state housing program and are subject to rental, sale, or resale provisions to maintain affordability.
"Applicant"
means a developer or applicant for a density bonus who seeks and agrees to construct a qualified housing development on or after the effective date of the ordinance codified in this chapter pursuant to Section 65915(b) of the Government Code.
"Area median income"
means area median income for Los Angeles County as published by the state of California pursuant to California Code of Regulations, Title 25, Section 6932, or a successor provision.
"Assumed household size based on unit size"
means a household of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter.
"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.
"City"
means the city of Lawndale, California, including the city's redevelopment agency and/or the city's housing authority acting on behalf of the city.
"Common interest development"
shall have the same meaning as provided in Section 4100 of the Civil Code.
"Density bonus"
means a density increase over the otherwise allowable zoning maximum gross residential density on a site as of the date of application by the applicant to the city, granted pursuant to this chapter, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.
"Density bonus housing agreement"
means an agreement governing affordable and density bonus units as a condition of granting any density bonus, as further described in Section 17.50.130 of this chapter.
"Density bonus units"
mean residential units granted pursuant to this chapter which exceed the otherwise allowable zoning maximum residential density for a housing development.
"Development standard"
shall have the same meaning as provided in Section 65915(o) of the Government Code.
"Disabled veterans"
shall have the same meaning as provided in Section 18541 of the Government Code.
"First approval"
means the first of the following approvals to occur with respect to a housing development: specific plan, development agreement, planned development permit, tentative map, minor land division, use permit, design permit, building permit, or any other development entitlement permit listed in Title 17 of this code.
"Homeless persons"
shall have the same meaning as provided in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11302).
"Homeless service provider"
shall have the same meaning as provided in Section 103577(e)(3) of the Health and Safety Code.
"Household income"
means the combined adjusted gross household income for all adult persons living in a residential unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor provision.
"Housing development"
means one or more groups of projects for residential units in the planned development of the city, including mixed-use developments. "Housing development" also includes a subdivision or common interest development approved by the city and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Section 65863.4(d) of the Government Code, where the result of the rehabilitation would be 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. For purposes of this chapter, "housing development" does not include projects for less than five dwelling units.
"Incentives and concessions"
are regulatory concessions as listed in Section 17.50.080 of this chapter.
"Located within one-half mile of a major transit stop"
shall have the same meaning as provided in Government Code Section 65915.
"Lower income household"
shall have the same meaning as provided in Section 50079.5 of the Health and Safety Code.
"Lower income students"
means students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Section 69432.7(k)(1) of the Education Code.
"Major transit stop"
shall have the same meaning as provided in Section 21155(b) of the Public Resources Code.
"Market-rate unit"
means a dwelling unit which is not an affordable unit or an inclusionary unit.
"Maximum residential density"
means the maximum number of dwelling units permitted by the zoning ordinance and land use element of the general plan or, if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. The maximum allowable density is based on the date an application for a housing development is deemed complete. This definition is used to calculate a density bonus pursuant to this chapter.
"Moderate income household"
shall have the same meaning as "persons and families of moderate income" as provided in Section 50093 of the Health and Safety Code.
"Persons and families of low or moderate income"
shall have the same meaning as provided in Section 50093 of the Health and Safety Code.
"Replace" and "replacement,"
in the context of Section 17.50.035, means either of the following:
1. 
If any dwelling units described in Section 17.50.035(A) are occupied on the date of 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 Section 17.50.035(A) in a 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 household 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; or
2. 
If all dwelling units described in Section 17.50.035(A) 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.
For purposes of this definition, "equivalent size" means that the replacement units contain at least the same total number of bedrooms as the units being replaced.
"Senior citizen housing development"
means senior citizen housing as defined in Section 51.3 (a housing development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least thirty-five dwelling units) and Section 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.
"Special needs housing development"
shall have the same meaning as provided in Section 51312 of the Health and Safety Code.
"Specific adverse impact"
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 that the application for the housing development was deemed complete. Mere inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.
"Supportive housing development"
shall have the same meaning as provided in Section 50675.14 of the Health and Safety Code.
"Transitional foster youth"
shall have the same meaning as provided in Section 66025.9 of the Education Code.
"Very low income household"
shall have the same meaning as provided in Section 50105 of the Health and Safety Code.
(Ord. 1065-11 § 1; Ord. 1140-17 §§ 2—9; Ord. 1175-20 § 2)
A. 
Eligible Housing Development Projects. Upon written request to the city, an applicant for a housing development is eligible for a density bonus in the amount stated below, provided that the applicant agrees to construct the housing development in accordance with one of the following criteria and satisfies the other requirements of this chapter:
1. 
Very Low Income Units. Developments with five percent of the total dwelling units (excluding units added by the density bonus) designated for very low income households are entitled to a density bonus of twenty percent over the maximum residential density.
2. 
Low Income Units. Developments with ten percent of the total dwelling units (excluding units added by the density bonus) designated for lower income households are entitled to a density bonus of twenty percent over the maximum residential density.
3. 
Moderate Income Units. Developments with ten percent of the total dwelling units (excluding units added by the density bonus) designated for moderate income households are entitled to a density bonus of five percent over the maximum residential density, provided that the development is a common interest development and provided that all units in the developer are offered to the public for purchase.
4. 
One Hundred Percent Lower Income/Moderate Income Units. Developments with at least eighty percent of all units in the development, including total units and density bonus units but exclusive of a manager's unit or units, designated for lower income households, with all other units designated for moderate income households (up to twenty percent of the total units), are entitled to a density bonus of eighty percent of the number of units designated for lower income households (excluding units added by the density bonus). However, if the housing development is located within one-half mile of a major transit stop the city will not impose any maximum controls on density.
5. 
Senior Citizen Housing Developments. Senior citizen housing developments are entitled to a density bonus of twenty percent of the number of senior housing units provided.
6. 
Foster, Veteran and Homeless Housing. Developments with ten percent of the total dwelling units (excluding any units permitted by the density bonus) designed for transitional foster youth, disabled veterans, or homeless persons are entitled to a density bonus of twenty percent of the number of the transitional units giving rise to a density bonus.
7. 
Lower Income Student Housing. Student housing developments with twenty percent of the total units (excluding any units permitted by the density bonus) designated for lower income students are entitled to a density bonus of thirty-five percent of the student housing units, provided that the development meets the following requirements:
a. 
All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subsection (A)(7), the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subsection (A)(7) is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.
b. 
The eligibility of a lower income student under this subsection (A)(7)(b) shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education that the student is enrolled in, as described in subsection (A)(7)(a), or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver, from the college or university, the California Student Aid Commission, or the federal government.
c. 
The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subsection (A)(7)(c).
For purposes of calculating a density bonus granted pursuant to this subsection (A)(7), the term "unit" means one rental bed and its pro rata share of associated common area facilities.
B. 
Higher Density Bonus for Greater Contribution of Affordable Units. Upon written request to the city, an applicant for a housing development that is eligible for a density bonus based upon the contribution of affordable units, may receive a higher amount of density bonus if the percentage of very low, lower, and moderate income housing units exceeds the base percentage established in subsections (A)(1), (A)(2), or (A)(3) of this section, as follows:
1. 
Very low income units—For each one percent increase above five percent in affordable units for very low income households, the density bonus shall be increased as follows, up to a maximum of fifty percent:
Percentage Very Low Income Units
Percentage Density Bonus
5
20
6
22.5
7
25
8
27.5
9
30
10
32.5
11
35
12
38.75
13
42.5
14
46.25
15
50
2. 
Lower income units—For each one percent increase above ten percent in affordable units for lower income households, the density bonus shall be increased as follows, up to a maximum of fifty percent:
Percentage Low Income Units
Percentage Density Bonus
10
20
11
21.5
12
23
13
24.5
14
26
15
27.5
16
29
17
30.5
18
32
19
33.5
20
35
21
38.75
22
42.5
23
46.25
24
50
3. 
Moderate income ownership units—For each one percent increase above ten percent in affordable units offered for sale to moderate income households, the density bonus shall be increased as follows, up to a maximum of fifty percent:
Percentage Moderate Income Units
Percentage Density Bonus
10
5
11
6
12
7
13
8
14
9
15
10
16
11
17
12
18
13
19
14
20
15
21
16
22
17
23
18
24
19
25
20
26
21
27
22
28
23
29
24
30
25
31
26
32
27
33
28
34
29
35
30
36
31
37
32
38
33
39
34
40
35
41
38.75
42
42.5
43
46.25
44
50
C. 
Continued Affordability. Affordable units that qualified a housing development for a density bonus shall remain affordable as follows:
1. 
Requirements.
a. 
Very low income and lower income rental dwelling units shall remain at an affordable rent to the designated income group for a minimum of fifty-five years, or for a longer period of time if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the dwelling units.
b. 
Housing developments described in subsection (A)(4) shall be subject to a recorded affordability restriction for a minimum of fifty-five years, or for a longer period of time if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the dwelling units. The rent for at least twenty percent of the units in the development shall be set at an affordable rent and the rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
c. 
The foster care, veteran and homeless units described in subsection (A)(6) shall be subject to a recorded affordability restriction of fifty-five years and shall be provided at the same affordability level as very low income units.
d. 
The lower income student housing units described in subsection (A)(7) shall be subject to a recorded affordability restriction of fifty-five years. The rent provided in the applicable units of the development for lower income students shall be calculated at thirty percent of sixty-five percent of the area median income for a single-room occupancy unit type.
e. 
Replacement units per Section 17.50.035 that are rental dwelling units shall be subject to a recorded affordability restriction for at least fifty-five years.
f. 
Replacement units per Section 17.50.035 that are for-sale units, shall be subject to the provisions of subsection (C)(2).
2. 
An applicant shall agree to, and the city shall ensure, that the initial occupant of all for-sale units that qualified the applicant for a density bonus are persons and families of very low, low, or moderate income and that the units are offered at an affordable housing cost. 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 shall apply to the equity-sharing agreement:
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 any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Section 33334.2(e) of the Health and Safety Code that promote homeownership.
b. 
For purposes of this subsection (C)(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 moderate income 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.
c. 
For purposes of this subsection (C)(2), the city's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.
3. 
The resale price of any owner-occupied affordable unit shall not exceed the affordable ownership costs with the following exceptions: (a) customary closing costs and costs of sale; or (b) costs of real estate commissions paid by the seller if a licensed real estate salesperson is employed; or (c) consideration of permanent capital improvements installed by the seller.
4. 
These provisions for continued affordability shall be a provision of the density bonus housing agreement required by Section 17.50.130.
D. 
Specification of Basis for Density Bonus. Each applicant who requests a density bonus pursuant to this section, shall elect which category in subsection (A) the density bonus award will be based on. Each housing development is entitled to only one density bonus. Density bonuses from more than one category may not be combined.
(Ord. 1065-11 § 1; Ord. 1140-17 §§ 10—13; Ord. 1175-20 § 2; Ord. 1179-21 § 4)
A. 
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 law that restricts rents to affordable rent levels; 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 housing development replaces those units, and either of the following applies:
1. 
The proposed housing development (inclusive of the units replaced pursuant to this section) contains affordable units at no less than the percentages set forth in Section 17.50.030(A); or
2. 
Each unit in the development (exclusive of a manager's unit or units) is affordable to, and occupied by, either a lower or very low income household.
(Ord. 1140-17 § 14; Ord. 1175-20 § 2)
A. 
Upon written request, when an applicant for a tentative map, subdivision map, parcel map, or other residential development approval donates land to the city in accordance with this section, the applicant shall be eligible for a fifteen percent density bonus at the site of the housing development plus any increase in the density bonus granted under subsection C. The density bonus provided pursuant to this section shall be in addition to any density bonus granted pursuant to Section 17.50.030, up to a maximum combined density bonus of thirty-five percent.
B. 
To qualify for the additional density bonus described in subsection A of this section, the donation of land must meet all of the following criteria:
1. 
The land must be transferred no later than the date of the approval of the final subdivision map, parcel map, or housing development application; and
2. 
The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of dwelling units affordable to very low income households in an amount not less than ten percent of the total number of market rate dwelling units in the proposed development (i.e., the proposed development before the addition of any density bonus); and
3. 
The donated land is at least one acre in size or is large enough to permit development of at least forty units, has the appropriate general plan land use designation, has the appropriate zoning and development standards for affordable housing and, at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure; and
4. 
No later than the date of approval of the final map, parcel map, or other development application for the housing development, the donated land must have all of the applicable permits and approvals (other than building permits) necessary for the development of the very low income housing units on the donated land, except that the city may subject the proposed housing development to subsequent design review to the extent authorized by Section 65583.2(i) of the Government Code if the design is not reviewed by the city prior to the time of transfer; and
5. 
The donated land is subject to a deed restriction ensuring continued affordability of the very low income units consistent with Section 17.50.030(C), which deed restriction shall be recorded upon the donated property at the time of its transfer; and
6. 
The land will be transferred to the city or to a housing developer approved by the city. The city reserves the right to require the applicant to identify a developer and to require that the land be transferred to that developer; and
7. 
The land is within the boundary of the proposed housing development or within one-quarter mile of the boundary of the proposed housing development; and
8. 
No later than the date of approval of the final map, parcel map, or other development application for the housing development, a proposed source of funding for the construction of the very low income units shall be identified.
C. 
Additional Density Bonus Based on Greater Suitability of Land for Very Low Income Housing. For each one percent increase above the minimum ten percent in the number of very low income housing units that can be accommodated on the donated land, the maximum density bonus shall be increased by one percent, up to a maximum of thirty-five percent, as follows:
Percentage of Very Low Income Units That Can Be Accommodated on Donated Land
Percentage of Additional Density Bonus
10
15
11
16
12
17
13
18
14
19
15
20
16
21
17
22
18
23
19
24
20
25
21
26
22
27
23
28
24
29
25
30
26
31
27
32
28
33
29
34
30
35
(Ord. 1065-11 § 1; Ord. 1175-20 § 2)
A. 
An applicant for a conversion of existing rental apartments to condominiums is eligible for either a density bonus or other incentives of equivalent financial value, at the option of the city, if the applicant agrees to provide: (1) at least thirty-three percent of the total units of the proposed condominium project to persons and families of low or moderate income; or (2) at least fifteen percent of the total units of the proposed condominium project to lower income households; and (3) the applicant agrees to pay for the reasonably necessary administrative costs incurred by the city pursuant to this section.
B. 
Condominium conversions qualified under subsection (A) may receive one of the following, at the city's option:
1. 
A flat density bonus of twenty-five percent to be provided within the existing structure or structures proposed for conversion, excepting that a condominium conversion is ineligible for this bonus if the apartments to be converted originally received a density bonus or incentives pursuant to any other provisions of this chapter or pursuant to Section 65915 of the Government Code. Qualified applicants may choose to implement a lower density bonus.
2. 
Incentives of equivalent financial value in the form of a reduction or waiver of requirements or fees which the city might otherwise apply as conditions of conversion approval. "Other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation to the condominium conversion project or its applicant.
C. 
The city reserves the right to place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value pursuant to this section 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.
D. 
Condominium conversions are eligible only for the granting of a density bonus or incentive of equivalent value pursuant to this section, which bonus or incentive may not be granted in addition to, or combined with, any other incentives, concessions, density bonuses or waivers and reductions of development standards pursuant other sections of this chapter. Nothing in this section shall be construed to require the city to approve a proposal to convert rental apartments into condominiums.
E. 
An applicant for approval to convert apartments to a condominium project may submit to a city a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The city shall, within ninety days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. The procedures for processing an application pursuant to this section shall be those established pursuant to Chapter 17.80.
F. 
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, and either of the following applies:
1. 
The proposed condominium project, inclusive of the units replaced, contains affordable units at the percentages set forth in subsection A of this section.
2. 
Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.
(Ord. 1065-11 § 1; Ord. 1140-17 § 15; Ord. 1175-20 § 2)
A. 
A housing development that is eligible for a density bonus pursuant to Section 17.50.030 which includes a child care facility qualified under this section is also eligible for either of the following, at the option of the city, if requested in writing by the applicant:
1. 
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 in the child care facility; or
2. 
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
B. 
A child care facility will only qualify the housing development for an additional density bonus or incentive or concession if it is: (1) located on the premises of, as part of, or adjacent to the housing development; and (2) the housing development is eligible for a density bonus pursuant to Section 17.50.030. As a condition of approving the additional density bonus for the housing development, the child care facility must meet both of the following criteria:
1. 
The child care facility shall be used exclusively for child care for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable as stated in deed restrictions and pursuant to Section 17.50.030(C); and
2. 
Of the children who attend the child care facility, the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of dwelling units in that housing development that are proposed to be affordable to very low income households, lower income households, or moderate income households pursuant to Section 17.50.030.
C. 
Notwithstanding any requirement of this section, the city shall not be required to provide a density bonus or concession or incentive for a child care facility if it makes a written finding, based upon substantial evidence, that the community already has adequate child care facilities.
(Ord. 1065-11 § 1; Ord. 1175-20 § 2)
When an applicant for approval of a commercial development has entered into an agreement for partnered housing described in Section 65915.7 of the Health and Safety Code 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 Section 65915.7 of the Health and Safety Code. This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
(Ord. 1140-17 § 16; Ord. 1175-20 § 2)
A. 
For the purposes of any provisions in this chapter, an applicant may elect to accept a lesser percentage of density bonus than that to which the housing development is eligible.
B. 
When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded up to the next larger whole number.
C. 
For the purpose of calculating a density bonus, the dwelling 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 affordable units are located.
D. 
For the purposes of this chapter, the term "total units" or "total dwelling units" in a housing development does not include those units added by any density bonus.
E. 
Regardless of the number or extent of affordable or qualifying units, senior housing, land dedication, child care facilities or other qualifications for a density bonus provided in any single housing development, no housing development may be entitled to a total density bonus of more than thirty-five percent, except as provided in Section 17.50.030(A)(4).
TABLE 1: Density Bonus Summary
A density bonus may be selected from only one category, except that bonuses for land donation may be combined with others, up to a maximum of 35% (except as provided in Section 17.50.030(A)(4)), and an additional sq. ft. bonus may be granted for a child care facility.
Qualifying Element of Development Project
Minimum Percentage or Requirement
Bonus Granted
Additional Bonus for Each 1% Increase in Affordable Units
% Affordable Units Required for Maximum Bonus
Affordable Housing
Very low income units
5%
20%
2.5% up to 35%, then 3.75% up to 50%
15%
Lower income units
10%
20%
1.5% up to 35%, then 3.75% up to 50%
24%
Moderate income units (ownership units only)
10%
5%
1% up to 35%, then 3.75% up to 50%
44%
Lower/Moderate income units
At least 80% lower; remaining units moderate
80% of number of lower income units(1)
—
—
Senior citizen housing
Qualified senior citizen housing development
20% of the number of senior citizen housing units
—
—
Foster, disabled veteran and homeless housing
10%
20% of the number of qualifying units
—
—
Lower income student housing
20%
35% of the student housing units
 
 
Land donation for very low income housing
Land donated can accommodate number of very low income units equal to 10% of units in project
15%
1%
Land donated can accommodate number of very low income units equal to 30% of units in project
Child care facility
Development qualifies for density bonus under Section 17.50.030; facility meets requirements in Section 17.50.060.
Equal to or greater than sq. ft. in child care facility (2)
—
—
Condominium Conversion
Lower income units
15%
25% (3)
—
N/A Maximum density bonus is 25%
Low/Moderate income units
33%
25% (3)
—
N/A Maximum density bonus is 25%
Notes:
(1) If the housing development is located within one-half mile of a major transit stop the city will not impose any maximum density requirement.
(2) Or an additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility, at the city's option.
(3) Or an incentive of equal value, at the city's option.
(Ord. 1065-11 § 1; Ord. 1140-17 § 17; Ord. 1175-20 § 2; Ord. 1179-21 § 5)
A. 
Definition of a Qualified Concession or Incentive. An applicant for a density bonus pursuant to Section 17.50.030 may also submit to the city a written proposal for specific incentives or concessions as provided in this section. The applicant may also request a meeting with the city manager or designee to discuss such proposal. For purposes of this chapter, concessions and incentives include any of the following:
1. 
Reductions in site development standards or modifications of zoning 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. These include, without limitation, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. In order to qualify as a "concession or incentive," the city must be able to find, based on substantial evidence, that the requested reductions in site development standards result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units to be set as specified in Section 17.50.030(C); or
2. 
Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if 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; or
3. 
Other regulatory incentives or concessions proposed by the applicant or the city, so long as the city can find, based on substantial evidence, that such proposals result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units to be set as specified in Section 17.50.030(C).
B. 
Findings to Deny Concession or Incentive. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of any of the following:
1. 
The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for affordable rents for the targeted units to be set as specified in Section 17.50.030(C); or
2. 
The concession or incentive would have a specific adverse impact upon public health and safety 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 development unaffordable to low income and moderate income households; or
3. 
The concession or incentive would be contrary to state or federal law.
C. 
Number of Concessions or Incentives. If all other provisions of this section are satisfied, an applicant will be eligible for the following number of incentives and concessions:
1. 
One incentive or concession for housing developments where at least five percent of the total units are for very low income households, at least ten percent of the total units are for lower income households, or at least ten percent of the total units in a common interest development are sold to moderate income households;
2. 
Two incentives or concessions for housing developments where at least ten percent of the total units are for very low income households, at least seventeen percent of the total units are for lower income households, or at least twenty percent of the total units in a common interest development are sold to moderate income households;
3. 
Three incentives or concessions for housing developments where at least fifteen percent of the total units are for very low income households, at least twenty-four percent of the total units are for lower income households, or at least thirty percent of the total units in a common interest development are sold to moderate income households; or
4. 
Four incentives or concessions for projects meeting the criteria of Section 17.50.030(A)(4). If the project is located within one-half mile of a major transit stop the applicant shall also receive a height increase of up to three additional stories, or thirty-three feet.
TABLE 2: Incentives and Concessions Summary
% Very Low Income Units
% Lower Income Units
% Moderate Income Units Sold in CID
% Lower/Mod Income Units
Number of Incentives/Concessions
Affordable Units
5%
10%
10%
_
1
10%
17%
20%
_
2
15%
24%
30%
_
3
_
_
_
At least 80% lower income; remaining units moderate income
4
Other Qualifying Project Element(1)
Child care facility
1(2)
Commercial housing with partnered housing agreement
See Section 17.50.065
Condominium Conversion
33% of total units provided to persons or families of low or moderate income, or 15% of total units provided to lower income households
1(3)
Notes:
(1) No incentives or concessions are available for land donation.
(2) Or a density bonus equal to or greater than the square feet in child care facility, at the city's option.
(3) Or a density bonus of twenty-five percent, at the city's option.
D. 
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 of fees or dedication requirements. Nor does any provision of this section require the city to grant an incentive or concession found to have a specific adverse impact.
E. 
The granting of a concession or incentive shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For purposes of this chapter, "study" does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the proposal meets the definition of an "incentive or concession." Except as provided in Sections 17.50.080(C) and 17.50.090(A), 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.
(Ord. 1065-11 § 1; Ord. 1140-17 §§ 18—20; Ord. 1175-20 § 2; Ord. 1179-21 § 6)
A. 
Except as provided in subsection E, applicants granted a density bonus pursuant to Section 17.50.030 may, by written proposal, seek a waiver, modification or reduction of development standards that would otherwise have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted pursuant to this chapter. The applicant may also request a meeting with the city to discuss such request for waivers and modifications.
B. 
To obtain a waiver or modification of development standards, the applicant shall show that the development standards will have the effect of physically precluding the construction of a housing development meeting the criteria of Section 17.50.030(A) at the densities or with the concessions or incentives permitted by this chapter.
C. 
A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 17.50.080.
D. 
The city may deny a request for any waiver, modification or reduction of development standards if the waiver, modification or reduction would have a specific adverse impact and there be no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
E. 
Notwithstanding subsection A, a housing development that receives a waiver from any maximum controls on density pursuant to Section 17.50.030(A)(4) shall only be eligible for a waiver or reduction of development standards as provided in Section 17.50.030(A)(4) and 17.50.080(C)(4), unless the city agrees to additional waivers or reductions of development standards.
(Ord. 1065-11 § 1; Ord. 1140-17 § 21; Ord. 1175-20 § 2; Ord. 1179-21 § 7)
A. 
Except as provided in subsections B, C or D hereof, upon the written request of the applicant for a housing development meeting the criteria for a density bonus under Section 17.50.030, the city shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds the following:
1. 
Zero to one-bedroom units: one on-site parking space.
2. 
Two to three-bedroom units: one and one-half on-site parking spaces.
3. 
Four and more bedroom units: two and one-half parking spaces.
B. 
1. 
Notwithstanding subsection A, if a development includes: (a) at least 20 percent low-income units for housing developments meeting the criteria of section 17.50.030(A)(2) or at least 11 percent very low income units for housing developments meeting the criteria of section 17.50.030(A)(1); and (b) is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit.
2. 
For purposes of this section 17.50.100, a development shall have unobstructed access to the major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subsection B, "natural or constructed impediments" includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.
C. 
Notwithstanding subsection A, if a development consists solely of rental units, exclusive of manager units, with an affordable housing cost to lower income families, then, upon the request of the developer, the city shall only impose vehicular parking standards if the development meets either of the following criteria:
1. 
The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development.
2. 
The development is a for-rent housing development for individuals who are sixty-two years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
D. 
Notwithstanding subsections A and G, if the 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 Health and Safety Code, and the development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development as defined in Section 50675.14 of the Health and Safety Code, then, upon the request of the developer, the city shall not impose any minimum parking requirement. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
E. 
If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.
F. 
This Section 17.50.100 shall apply to a development that meets the requirements of subsection C of this section, but only at the request of the applicant.
G. 
Notwithstanding subsections B, (C)(1), and (C)(2), if the city or an independent consultant has conducted an area wide or jurisdiction wide parking study in the last seven years prior to any density bonus application, 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 bear the costs of any such study. The city shall make findings, based on the parking study completed in conformity with this subsection, supporting the need for the higher parking ratio.
H. 
A request pursuant to this section shall not reduce or increase the number of incentives or concessions to which the applicant is otherwise entitled.
(Ord. 1065-11 § 1; Ord. 1140-17 § 22; Ord. 1175-20 § 2; Ord. 1179-21 § 8)
A. 
Affordable units qualifying a housing development for a density bonus shall be reasonably dispersed throughout the housing development and compatible with the design of market-rate units in terms of appearance, materials, and finished quality. The applicant may reduce the interior amenities and square footage of inclusionary units, provided all units conform to all other requirements of this code.
B. 
For developments with multiple market-rate units containing differing numbers of bedrooms, affordable units qualifying a housing development for a density bonus shall be representative of the market-rate unit mix.
C. 
All building permits for affordable units qualifying a housing development for a density bonus shall be issued concurrently with, or prior to, issuance of building permits for the market rate units, and the affordable units shall be constructed concurrently with, or prior to, construction of the market rate units. Occupancy permits and final inspections for affordable units qualifying a housing development for a density bonus shall be approved concurrently with, or prior to, approval of occupancy permits and final inspections for the market rate units.
(Ord. 1065-11 § 1; Ord. 1175-20 § 2)
A. 
A written application for a density bonus, incentive, concession, waiver, or modification pursuant to this chapter shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications required for the housing development. The application shall be submitted on the form prescribed by Section 17.12.030 of this code and shall additionally include at least the following information:
1. 
Site plan showing total number of units, number and location of affordable units, and number and location of proposed density bonus units. The site plan shall describe the size, in square footage, of all affordable units and density bonus units.
2. 
A marketing plan that describes how the applicant will inform the public, and those within the appropriate income groups, of the availability of affordable units.
3. 
The location, structure (attached, semi-attached, or detached), proposed tenure (for sale or rental), and size of the proposed market-rate units, any commercial space, density bonus units, and/or affordable units.
4. 
Level of affordability proposed for each affordable housing unit and proposals for ensuring affordability.
5. 
Description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. The application shall include evidence that the requested incentives and concessions are required for the provision of affordable housing costs and/or affordable rents, as well as evidence relating to any other factual findings required under Section 17.50.050.
6. 
If a density bonus or concession is requested in connection with a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Section 17.50.080 can be made.
7. 
If a density bonus or concession/incentive is requested for a child care facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the findings included Section 17.50.090 can be made.
8. 
For phased projects, a phasing plan that provides for the timely development of the number of affordable units proportionate to each proposed phase of development.
9. 
Any other information reasonably requested by the planning commission to assist with evaluation of the application, excepting that neither the city nor any body thereof may condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law or the terms of this chapter.
B. 
An application for a density bonus, incentive or concession pursuant to this chapter shall be considered by and acted upon by the approval body with authority to approve the housing development and subject to the same administrative appeal procedure, if any, as more particularly described in Chapter 17.12 of this code. The city shall notify the applicant for a density bonus whether the application is complete in a manner consistent with Section 65943 of the Government Code. The application shall be processed in the same timeframes as applicable to the underlying development approval. In accordance with state law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval. Provisions of this code governing standards of design review and/or special use permits that are more restrictive than, or contrary to, the provisions of this chapter shall be inapplicable to an application for density bonus.
C. 
For housing developments requesting a waiver, modification or reduction of a development standard, an application pursuant to this subsection shall be heard in conjunction with the application for density bonus in accordance with Chapter 17.12 of this municipal code. A public hearing shall be held by the planning commission and the commission shall issue a determination. Pursuant to Section 65915 of the Government Code, the planning commission shall approve the requested waiver/modification or reduction of development standards, unless one of the following conditions applies:
1. 
The development standards subject to the waiver/modification do not have the effect of physically precluding the construction of the housing development meeting the criteria in Section 17.50.030(A) at the densities or with the concessions or incentives permitted pursuant to this chapter.
2. 
The waiver/modification will have a specific adverse impact.
D. 
The decision of the city planning commission may be appealed to the city council in accordance with Chapter 17.12. Notice of any city determination pursuant to this section shall be provided to the same extent as required for the underlying development approval.
(Ord. 1065-11 § 1; Ord. 1140-17 §§ 23, 24; Ord. 1175-20 § 2)
A. 
In General. As a condition to approval of any density bonus pursuant to this chapter, the applicant shall agree to enter into a density bonus housing agreement with the city, which agreement shall be binding upon the applicant and all successors in interest. The form of the density bonus housing agreement will vary, depending on the manner in which the provisions of this chapter are satisfied for a particular development. The agreement shall be recorded as a restriction on the parcel or parcels on which the affordable units and the density bonus units will be constructed. The approval and recordation of the agreement shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The agreement must include, at minimum, all of the information required for the initial application as set forth in Section 17.50.120(A).
B. 
Density Bonus Housing Agreements for Ownership Units. In the case of housing developments consisting of ownership units, the density bonus housing agreement must provide the following additional conditions governing the sale and use of affordable units during the applicable affordability restriction period:
1. 
Affordable units shall be sold or resold only to very low income households, lower income households, or moderate income households in a common interest development, at an affordable ownership cost as defined by this chapter.
2. 
Affordable units shall be owner-occupied by very low or lower income households, or by moderate income households within a common interest development.
3. 
Any conditions as necessary or directed by the city council (or other such governing body in the case of the redevelopment agency or housing authority) for the subordination or prioritization of liens or mortgages upon the parcel underlying the owner-occupied affordable unit(s).
4. 
The purchaser of each affordable unit shall execute a deed instrument approved by the city, which instrument shall restrict the sale of the affordable unit in accordance with this chapter during the applicable affordability restriction period. Such instrument shall be recorded against the parcel containing the affordable unit and shall contain such provisions as the city may require to ensure continued compliance with this chapter and with Section 65915 of the Government Code. With respect to moderate income affordable units, the instrument or agreement shall provide for equity-sharing as set forth in Section 17.50.030(C)(2) of this code and Section 65915 of the Government Code. The deed restrictions required for affordable units shall specify that the title to the subject property shall only be transferred with prior written approval by the city.
5. 
Equity-sharing agreements shall be secured by a deed of trust insured by a title insurance policy in favor of the city and paid for by the property owner. Owner shall execute such other documents as reasonably required by the city.
6. 
Any additional obligations relevant to the compliance with this chapter.
C. 
Density Bonus Housing Agreements for Rental Units. In the case of housing developments consisting of rental units, the density bonus housing agreement must provide the following additional conditions governing the use of affordable units during the affordability restriction period:
1. 
Specific property management procedures for qualifying and documenting tenant income eligibility, establishing affordable rent and maintaining affordable units for qualified tenants.
2. 
Provisions requiring owners or managers of the housing development to verify household incomes for all tenants in affordable units and maintain books and records to demonstrate compliance with this chapter.
3. 
Provisions requiring owners or managers of the housing development to submit an annual report to the city, which includes the name(s), address, and income of each household occupying affordable units, and which identifies the bedroom size and monthly rent or cost of each affordable unit.
4. 
Provisions describing the amount of, and timing for payment of, administrative fees to be paid to the city for the on-going compliance monitoring of the provisions of this chapter pursuant to Section 17.50.140.
5. 
Any conditions as necessary or directed by the city council (or other such governing body in the case of the redevelopment agency or housing authority) for the subordination or prioritization of liens or mortgages upon the parcel underlying the tenant-occupied affordable units.
6. 
The property owner of each for-rent housing development containing affordable units shall execute a deed instrument approved by the city, which instrument shall restrict the leasing of the affordable unit in accordance with this chapter during the applicable affordability restriction period. Such instrument shall be recorded against the parcel containing the affordable units and shall include the provisions of this chapter and shall provide, at a minimum, each of the following provisions: (a) the affordable units shall be leased to and occupied by eligible households; (b) the affordable units shall be leased at rent levels affordable to eligible households for the full duration of the affordability period; (c) subleasing of affordable units shall not be permitted without the express written consent of the city; and (d) title to the subject property shall only be transferred with prior written approval by the city.
7. 
Any additional obligations relevant to the compliance with this chapter.
(Ord. 1065-11 § 1; Ord. 1175-20 § 2)
An administrative fee shall be charged to the applicant for city review of all materials submitted in accordance with this chapter and for ongoing enforcement of the provisions of this chapter. The fee amount shall be established by city council resolution. Fees will be charged for staff time and materials associated with the following activities: development review process, agreement drafting, project marketing and lease-up, and estimated city-incurred costs of monitoring long-term compliance of the affordable units.
(Ord. 1065-11 § 1; Ord. 1175-20 § 2)
A. 
In the event it is determined that rents in excess of those allowed by operation of this chapter have been charged to a tenant residing in a rental affordable unit, the city may take the appropriate legal action to recover, and the rental unit owner shall be obligated to pay to the tenant (or to the city in the event the tenant cannot be located), any excess rent charges.
B. 
In the event it is determined that a sales price in excess of that allowed by operation of this chapter has been charged to a household purchasing an owner-occupied affordable unit, the city may take the appropriate legal action to recover, and the affordable unit seller shall be obligated to pay to the purchaser (or to the city in the event the purchaser cannot be located), any excess sales costs.
C. 
Nothing in this section limits or waives any other remedies the city may have available to it in law or equity.
(Ord. 1065-11 § 1; Ord. 1175-20 § 2)
This chapter implements the laws for density bonuses and other incentive and concessions available to qualified applicants under Sections 65915 through 65918 of the Government Code. In the event these Government Code sections are amended, those amended provisions shall be incorporated into this chapter as if fully set forth herein. Should any inconsistencies exist between the amended state law and the provisions set forth in this chapter, the amended state law shall prevail.
(Ord. 1065-11 § 1; Ord. 1140-17 § 25; Ord. 1175-20 § 2)