A. 
The purpose of this chapter is to establish how the state density bonus law, as set forth in California Government Code Section 65915 et seq. ("Density Bonus Law"), will be implemented and to promote the construction of affordable housing within the city.
B. 
This chapter shall apply to any housing development that is entitled to receive a density bonus pursuant to the Density Bonus Law.
Ord. 1853, 12/18/2023
The definitions found in the Density Bonus Law shall apply to the terms contained in this chapter. See Chapter 18.04, Definitions, for additional definitions.
Ord. 1853, 12/18/2023
The city shall provide density bonuses, concessions or incentives, waivers or reductions of development standards, and parking ratios in accordance with the requirements of the Density Bonus Law, as the same may be amended from time to time. In the event of any conflict between this chapter and the Density Bonus Law, the Density Bonus Law shall prevail.
Ord. 1853, 12/18/2023
A. 
In determining the total number of units to be granted, 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.
B. 
When calculating the number of affordable units needed for a given density bonus, any fractions of affordable units shall be rounded up to the next whole number.
C. 
The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to the Density Bonus Law.
D. 
The granting of a density bonus and/or related concession(s) or incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, or other discretionary approval.
E. 
Nothing prohibits the city from granting a density bonus greater than what is described in the Density Bonus Law for a development that meets the requirements of the Density Bonus Law or from granting a proportionately lower density bonus than what is required by the Density Bonus Law for developments that do not meet the requirements of the Density Bonus Law.
Ord. 1853, 12/18/2023
A. 
Applicable Submittal. An affordable housing application for a density bonus, including any incentive, concession, waiver and/or reduction, shall be filed with the department concurrently with an application for a housing development.
B. 
Application Contents. An application shall be accompanied by the following:
1. 
Site plan showing the total number of units, number and location of affordable dwelling units and location of proposed density bonus units. The plan must also include a breakdown of the units (e.g., unit sizes, number of bedrooms and baths, the amount of private or common open space dedicated to the units, and the total number of parking spaces).
2. 
Summary table showing the greatest number of units permitted by the zoning or general plan excluding any density bonus units, number of proposed affordable units by income level, proposed density bonus percentage, number of bonus units proposed, and total number of units.
3. 
Tenure (rental versus for-sale) of affordable units and proposal for ensuring affordability.
4. 
A description of all dwelling units existing on site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size, if known, of all residents of currently occupied units. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size, if known, of residents occupying dwelling units when the site contained the maximum number of dwelling units.
5. 
Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low- or low-income households in the five-year period preceding the date of the submittal of the application.
6. 
Description of any requested incentive(s) or concession(s) that result in identifiable and actual cost reductions to provide for the affordable housing, including written documentation evidencing the need for such incentive(s) or concession(s).
7. 
Description of any requested waiver(s) and/or reduction(s) of development standards that would have the effect of physically precluding the construction of the housing development at the permitted densities or with the concession(s) or incentive(s) permitted by the Density Bonus Law.
8. 
Description of requested parking ratios.
C. 
The department will process the application concurrently with any other applications required for the housing development. Staff shall review the application for completeness and will notify the applicant whether the application is complete in accordance with the provisions of applicable law.
D. 
If a proposed housing development would be inconsistent with this title or the Density Bonus Law, the city shall provide the applicant notice of such inconsistency in accordance with the Housing Accountability Act, California Government Code Section 65589.5.
E. 
A density bonus application shall be approved or denied in conjunction with the housing development application by the approving body within the timeframes required for approval of such development.
Ord. 1853, 12/18/2023
A. 
The applicant for a density bonus shall enter into a regulatory agreement with the city in a form to be approved by the city attorney and said agreement shall be recorded against the property. The regulatory agreement shall be approved by the approving body. If an appeal is taken of the project, then the regulatory agreement shall be approved by the decision-maker on appeal.
B. 
The applicant shall be required to pay the city's costs for any third-party consultants required to assist the city in drafting a regulatory agreement, developing guidelines, verifying the eligibility of owners or tenants of the affordable units, or any other matter relating to the density bonus.
C. 
The required affordable units shall be constructed concurrently with the market-rate units unless both the approving body and the developer agree within the regulatory agreement to an alternate schedule for development.
D. 
The affordable units shall be similar in size and number of bedrooms to the market rate units. If the development project includes a range of unit sizes, then the affordable units shall provide a range of unit sizes in proportion to the market rate units.
1. 
The affordable units shall be similar in size and number of bedrooms to the market rate units. If the development project includes a range of unit sizes, then the affordable units shall provide a range of unit sizes in proportion to the market rate units.
2. 
If the project includes a subdivision, the lots with affordable units shall be of similar size to the lots with market rate units. If the development project includes a range of lot sizes, the lots with affordable units shall be no smaller than the smallest lots with market rate units.
E. 
The affordable units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development, provided at an affordable rent or at affordable ownership cost specified by California Health and Safety Code Section 50052.5 and California Code of Regulations Title 25, Sections 6910 - 6924, as the same may be amended from time to time. Developers are strictly prohibited from discriminating against tenants or owners of affordable units in granting access to and full enjoyment of any community amenities available to other tenants or owners outside of their individual units.
F. 
If the development project is for units that will be sold, then the affordable dwelling units shall also be for-sale units. The regulatory agreement may make provisions for rental of the units for the same level of affordability that qualified the applicant for the density bonus if the unit is not sold within a period of time specified in the agreement.
G. 
Affordable units shall be dispersed throughout the housing development rather than clustered in a single area or a few areas. Location of affordable units within a housing development shall be specified in the regulatory agreement.
Ord. 1853, 12/18/2023
Any appeal relating to density bonuses, incentives, concessions, or waivers/reductions of development standards shall be filed and processed in accordance with the requirements set forth in La Habra Municipal Code Section 18.66.080.
Ord. 1853, 12/18/2023