This chapter provides incentives for a housing development which includes housing that is affordable to the types of households and qualifying residents identified in BGMC § 9.59.030, "Eligibility for density bonus." This chapter is intended to implement the requirements of state law (Government Code Sections 65302, 65913, and 65915 et seq.) and the goals and policies of the city's general plan. In the event of any ambiguities or inconsistencies between this chapter and the above Government Code provisions, the Government Code shall prevail.
(Ord. 855 § 2, 2013)
A. 
For purposes of this chapter, the following definitions shall apply:
"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.
"Density bonus"
means an increase in the maximum allowable residential density permitted under the zoning code and land use element of the general plan as of the date of the application.
"Development standard"
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 development pursuant to any city ordinance, general plan element, specific plan, charter, or other city condition, law, policy, resolution, or regulation.
"Housing development"
means a development project for five or more residential units which includes a subdivision or common interest development, as defined in Civil Code Section 4100, approved by a city, county, or city and county and consists 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 Government Code Section 65863.4(d), 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. 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.
"Incentive" or "concession"
means:
1. 
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, financially sufficient, and actual cost reductions.
2. 
Approval of mixed use zoning in conjunction with the housing project 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 project and the existing or planned development in the area where the proposed housing project will be located.
3. 
Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions.
"Maximum allowable residential density"
means the density allowed under the zoning code 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 code is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.
"Senior citizen housing development"
means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units, and as further defined in Civil Code Sections 51.3 and 51.12, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 and 799.5.
"Total units" or "total dwelling units"
means the total allowable number of residential units permitted by the maximum allowable residential density which does not include units added by a density bonus award pursuant to this chapter or any other law granting a greater density bonus.
(Ord. 855 § 2, 2013)
A. 
Eligibility Criteria. If requested by the applicant, the city shall grant one density bonus to a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter, when in accordance with this chapter the project is designed and constructed so that the development meets at least one of the following criteria:
1. 
Five percent of the total units are for very low income households, as defined in Health and Safety Code Section 50105; or
2. 
Ten percent of the total units are for lower income households, as defined in Health and Safety Code Section 50079.5; or
3. 
Ten percent of the total units in a common interest development, as defined in Civil Code Section 4100, excluding units added by a density bonus awarded pursuant to this chapter or any local law granting a greater density bonus, as provided in Government Code Section 65915(D)(3), are for persons and families of moderate income, as defined in Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase; or
4. 
A senior citizen housing development.
(Ord. 855 § 2, 2013)
A. 
Number of Incentives or Concessions. If requested by the applicant, a project which qualifies for a density bonus in accordance with the criteria set forth in BGMC § 9.59.030 shall receive the following number of incentives or concessions as identified by state law:
1. 
One incentive or concession for projects that include at least five percent of the total units for very low income households, 10 percent of the total units for lower income households, or at least 10 percent of the total units for persons and families of moderate income in a common interest development.
2. 
Two concessions or incentives for projects that include at least 10 percent of the total units for very low income households, 20 percent of the total units for lower income households, or 20 percent of the total units for persons and families of moderate income in a common interest development.
3. 
Three concessions or incentives for projects that include at least 15 percent of the total units for very low income households, 30 percent of the total units for lower income households, or at least 30 percent of the total units for persons and families of moderate income in a common interest development, when the units are available on a for sale basis to the public.
4. 
Three concessions or incentives for a senior citizen housing development.
(Ord. 855 § 2, 2013)
A. 
Density Bonus Allowance for Affordable Housing Development. A proposed housing development that meets at least one of the four criteria found in BGMC § 9.59.030 and satisfies all applicable provisions of this chapter shall be entitled to a density bonus. The density bonus shall consist of a minimum of five percent and a maximum of 35 percent combined increase in the maximum density allowed by the applicable general plan designation and zoning district as of the date of application. The applicant may elect to accept a lesser percentage of density bonus. Calculation of density bonuses shall be in accordance with the respective tables below. All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.
1. 
Very Low Income Units. A 20 percent bonus shall be granted for developments with five percent very low income units, with an increase of density bonus by two and one-half percent for every percentage of very low income units provided above five percent, up to a maximum of 35 percent bonus.
Table 1.1 Density Bonus Calculation for Very Low Income Units
Percentage of Very Low Income Units
Percentage of Density Bonus
5
20
6
22.5
7
25
8
27.5
9
30
10
32.5
11
35
2. 
Lower Income Units. A 20 percent bonus shall be granted for developments with 10 percent lower income units, with an increase of density bonus by one and one-half percent for every percentage of lower income units above 10 percent, up to a maximum of 35 percent bonus.
Table 1.2 Density Bonus Calculation for Lower Income Units
Percentage of Lower Income Units
Percentage of 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
3. 
Common Interest Developments with Moderate Income Ownership Units, as Defined in This Chapter. A five percent bonus shall be granted for developments with 10 percent moderate income units, with an increase of density bonus by one percent for every percentage of moderate income units above 10 percent, up to a maximum of 35 percent bonus.
Table 1.3 Density Bonus Calculation for Moderate Income Ownership Units
Percentage of Moderate Income Units
Percentage of 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
4. 
Senior Housing Development or Mobile Home Park Limited to Housing for Older Persons. A 20 percent density bonus shall be based on the total number of senior housing units. Additional density bonuses shall be granted per the formula in Tables 1.1 through 1.3 up to a maximum of 35 percent based on the percentage of units made available as affordable units.
B. 
Location of Affordable Units. The location of the designated density bonus dwelling units within the qualifying project shall be at the discretion of the review authority granting the density bonus with the goal to integrate the affordable units into the overall project. The designated dwelling units shall be reasonably dispersed throughout the development where feasible, shall contain on average the same number of bedrooms as the non-density bonus units, and shall be compatible with the design or use of the remaining units in terms of appearance, materials, and finish quality. If a project is to be phased, the density bonus units shall be phased in the same proportion as the non-density bonus units, or phased in another sequence acceptable to the city. The review authority may authorize some or all of the designated density bonus dwelling units associated with one housing development to be produced and operated on an alternative development site, where it determines that the public interest would be more effectively served.
(Ord. 855 § 2, 2013)
An applicant of a housing development proposing the donation of land for affordable housing shall be entitled to a density bonus in accordance with provisions of this section. The increase shall be in addition to any increase in density pursuant to BGMC § 9.59.030, up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this section and BGMC § 9.59.030. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.
A. 
Land Transfer Requirements. In order to qualify for the granting of a density bonus for a land donation, all of the following requirements must be met:
1. 
The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or application for the construction of residential units.
2. 
The developable acreage and zoning classification of the land being transferred shall be sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development.
3. 
The transferred land shall be at least one acre in size or of sufficient size to permit development of at least 40 units, have the appropriate general plan designation, be appropriately zoned, and be served by adequate public facilities and infrastructure. The land shall have a density and appropriate zoning and development standards to make the development of the affordable units feasible, and be served by adequate public facilities and infrastructure. No later than the date of approval of the final subdivision map, parcel map, or residential development application, the transferred land shall have all of the permits and approvals necessary for development of the very low income housing units on the transferred land.
4. 
The transferred land and the affordable units shall be subject to a density bonus housing agreement ensuring continued affordability of the units, consistent with BGMC § 9.59.110.
5. 
The land shall be transferred to the city of Bell Gardens or to a housing developer approved by the city of Bell Gardens. The city may require the applicant to identify and transfer the land to the developer.
6. 
The transferred land shall be within the boundary of the proposed development or, with approval of the city of Bell Gardens, within one-quarter mile of the boundary of the proposed development.
7. 
A density bonus shall not be granted unless a source of funding for the very low income units has been identified not later than the date of approval of the final parcel or tract map or application for the construction of residential units.
B. 
Density Bonus Allowance for Land Donations. If an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city in compliance with requirements set forth in subsection (A) of this section, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density for the entire development. The bonus shall be increased by one-percent increments for every percentage of very low income units above 10 percent, up to a cap of 35 percent bonus.
Table 1.4 Increase in Allowable Density for Donation of Land for Very Low Income Units
Percentage of Very Low Income Units
Percentage of 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. 855 § 2, 2013)
A. 
Density Bonus for Child Care Facilities as Part of Affordable Housing Development. An applicant proposing to construct a housing development that consists of affordable units in compliance with this chapter and includes a child care facility that will be located on the premises of, as part of, or adjacent to the project, the city shall grant either of the following if requested by the applicant:
1. 
An additional density bonus that is an area (in square feet) of residential space equivalent or greater than the area of the child care facility.
2. 
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
B. 
Conditions for Eligibility. A proposed project shall be eligible for the density bonus or incentive or concession described in this section subject to the following conditions to be applied by the city to the approval of the housing development:
1. 
The child care facility will 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.
2. 
Of the children who attend the child care facility, the percentage of 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 for very low income households, low income households, or moderate income households pursuant to BGMC § 9.59.030.
(Ord. 855 § 2, 2013)
A. 
Parking Ratios. An applicant proposing a project that complies with one of the four criteria found in BGMC § 9.59.030 may request and is entitled to the parking ratios noted below. Parking may be provided through tandem parking or uncovered parking on the project site but not through on-street parking. If the total number of parking spaces required is other than a whole number, the number of parking spaces required shall be rounded up to the next whole number.
Table 1.5 Alternative Parking Standards
Number of Bedrooms
Minimum On-Site Parking Required
0 – 1
1/du
2 – 3
2/du
4 or more
2.5/du
(Ord. 855 § 2, 2013)
A. 
Eligible Projects. When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Health and Safety Code Section 50093, or 15 percent of the total units of the proposed condominium project to lower income households as defined in Health and Safety Code Section 50079.5, and agrees to pay for the reasonably necessary administrative costs incurred by the city (1) a density bonus equivalent to an increase of 25 percent over the total number of apartment units to be provided within the existing structure or structures proposed for conversion, or (2) provide other incentives of equivalent financial value which may include the reduction or waiver of requirements which the city might otherwise require as conditions of approval of the conversion but are not to be construed to require the city to provide cash transfer payments or other monetary compensation. With the granting of a density bonus or other incentives of equivalent financial value the City may impose conditions 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. 
Ineligible Projects. 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 granted under this chapter. Nothing in this section shall be construed to require a city, county, or city and county to approve a proposal to convert apartments to condominiums.
(Ord. 855 § 2, 2013)
A. 
Application and Review. An application for a density bonus, incentive(s) or concession(s), and alternative parking standards shall be filed in a manner and on forms as required by the director of community development and upon payment of all appropriate application and filing fees as may be established by resolution by the city council. An application for a density bonus, incentive(s) or concession(s), and alternative parking standards shall be reviewed by the planning commission in conjunction with all other discretionary approvals as may be required by this title for implementation of the housing development. The planning commission shall grant the requested density bonus together with any requested incentive(s) or concession(s) for a project if the requests are found to be in compliance with all applicable sections of this chapter and state law, unless any one of the following written findings for denial of an incentive(s) or concession(s), based on substantial evidence, can be made:
1. 
The incentive or concession is not required in order to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Health and Safety Code Sections 50053 and 50052.5.
2. 
The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(2)(d), 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 and moderate income households.
3. 
The incentive or concession would be contrary to state or federal law.
B. 
Review of Projects Including a Child Care Facility. Any requested density bonus and concession or incentive for a project which includes a child care facility shall be granted pursuant to BGMC § 9.59.070 unless a finding for denial based upon substantial evidence can be made that the community has adequate child care facilities.
C. 
Additional Provisions. The planning commission may impose additional provisions to be included as part of an affordable housing covenant as required by BGMC § 9.59.120 for the purpose of ensuring the continued affordability of housing pursuant to this chapter. Such provisions are subject to review and approval by the city attorney.
D. 
Decision. Notice of the planning commission's decision on the request for a density bonus, incentive(s) or concession(s), and alternative parking standards shall be mailed within five days of the decision to the applicant. The granting of a request for a density bonus, incentive or concession, and alternative parking standards pursuant to this chapter shall not be effective until an affordable housing covenant has been recorded in compliance with BGMC § 9.59.120.
E. 
Appeal. The decision of the planning commission on the request for a density bonus, incentive(s) or concession(s) and alternative parking standards may be appealed to the city council in compliance with procedures set forth under Chapter 9.60 BGMC (Appeals).
F. 
Continued Affordability. All projects for which a density bonus, incentive(s) or concession(s), and alternative parking standards are granted shall maintain continued affordability of the affordable units in a housing development pursuant to state law as follows:
1. 
Low and Very Low Income Units. Affordable units offered for rent to low income and very low income households shall be made available for rent at an affordable rent and shall remain restricted and affordable to the designated income group for a minimum period of 30 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. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053. Owner occupied units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.
2. 
Moderate Income Units. As required by state law, the initial occupants of moderate income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Civil Code Section 4100, are persons and/or families of moderate income as defined in Health and Safety Code Section 50093. Moderate income units must be offered at an affordable cost for persons and/or families of moderate income as defined in Health and Safety Code Section 50052.5. Moderate income units may be offered for subsequent resale to an above-moderate income purchaser; provided, that the sale shall result in a recapture by the city, or its designee, of the following:
a. 
City's initial subsidy, which 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.
b. 
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 enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. City's proportionate share of appreciation, which shall be equal to the ratio of the local government's initial subsidy to the fair market value of the home at the time of initial sale.
G. 
Judicial Proceedings. The applicant may initiate judicial proceedings if the city refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of Government Code Section 65915, the court shall award the plaintiff reasonable attorney's fees and costs of suit. The city is not required to grant an incentive or concession that has a specific, adverse impact as defined in Government Code Section 65589.5, subdivision (d), paragraph (2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The city is not required to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city shall establish procedures for carrying out this section that shall include legislative body approval of the means of compliance with this section.
(Ord. 855 § 2, 2013)
A. 
Density Bonus Housing Agreement Required. The planning commission's, or city council's (on appeal) approval of a density bonus, incentives or concessions, and alternative parking standards shall be conditioned upon the execution by the applicant of a density bonus housing agreement approved by the director of community development and the city attorney. The director of community development is authorized to execute the density bonus agreement.
B. 
Density Bonus Housing Agreement Requirements. The density bonus housing agreement shall restrict the rental or sale of the required percentage of dwelling units in the housing development to persons of families of very low (or lower) or low and moderate income households, as applicable, for affordable housing developments, or to senior citizens for senior housing developments. The density bonus housing agreement shall be consistent with the following provisions:
1. 
Applicants granted a density bonus, incentive(s) or concession(s), and alternative parking standards shall agree to enter into a density bonus housing agreement with the city approved by the director of community development and the city attorney, which shall be recorded as a restriction on any parcels on which the affordable units or density bonus units will be constructed.
2. 
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. 855 § 2, 2013)
A. 
Continued Affordability. In order to ensure the continued affordability of housing pursuant to this chapter, an affordable housing covenant shall be contained in the density bonus housing agreement with respect to the long-term affordability of designated affordable units in a housing development to include the following:
1. 
The developer shall give the city the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value;
2. 
The designated dwelling units shall contain a covenant stating that the developer or successors in interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the city;
3. 
When providing the written approval, the city shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for moderate, low and very low income households, as published by the State Department of Housing and Community Development (HCD);
4. 
The city shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;
5. 
Applicable deed restrictions, in a form satisfactory to the city attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;
6. 
In any action taken to enforce compliance with deed restrictions, the city attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be entitled to recover all of the city's costs of action including legal services;
7. 
In the case of for-sale housing developments, the affordable housing covenant shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable use restriction period:
a. 
Designated affordable dwelling units shall be owner-occupied by eligible very low, low, or moderate income households, or by qualified residents in the case of senior housing;
b. 
The applicable restriction period in compliance with BGMC § 9.59.100(F).
c. 
The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the city which:
i. 
Restricts the sale of the unit in compliance with this chapter and California Density Bonus Law and other incentives during the applicable use restriction period;
ii. 
Contains provisions as the city may require to ensure continued compliance with this chapter and state law;
iii. 
Shall be recorded against the parcel containing the designated dwelling unit;
8. 
In the case of rental housing developments, the affordable housing covenant shall provide for the following conditions governing the use of designated affordable dwelling units during the use restriction period:
a. 
The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants;
b. 
Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this division;
c. 
Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the number of bedrooms and monthly rent or cost of each unit;
d. 
The applicable use restriction period in compliance with BGMC § 9.59.100(F);
9. 
If required by the planning commission as part of the review of the request for a density bonus, incentive(s) or concession(s), and alternative parking standards, the covenant shall include the following information:
a. 
The total number of units approved for the housing development, including the number of designated dwelling units;
b. 
A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with State HCD guidelines;
c. 
The marketing plan for the affordable units;
d. 
The location, unit sizes (square feet), and number of bedrooms of the designated dwelling units;
e. 
Duration of the use restrictions for designated dwelling units, in compliance with BGMC § 9.59.100(F);
f. 
A schedule for completion and occupancy of the designated dwelling units;
g. 
A description of the additional incentive(s) being provided by the city;
h. 
A description of the remedies for breach of the affordable housing covenant by the owners, developers, and/or successor(s) in interest of the project; and
i. 
Other information as necessary for the city to verify the implementation of and compliance with this chapter.
B. 
Execution of Covenant. Execution of an affordable housing covenant shall be as follows:
1. 
Following agreement on the terms of the covenant by all parties, the city shall record the fully executed covenant and related instruments against the parcels designated for the construction of designated dwelling units, at the county recorder's office.
2. 
The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before issuance of building permits for the units.
3. 
The covenant shall be binding to all future owners, developers, and/or successors in interest for the applicable affordability period specified therein or until such time released by the city.
(Ord. 855 § 2, 2013)