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Home My Public Portal AboutOrd. 1309~., ., ~- ORDINANCE N0. 1309 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 25, THE OFFICIAL ZONING ORDINANCE, WZTH RESPECT TO DENSITY BONUSES IN THE MULTIPLE FAMILY RESIDENTIAL ZONES THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Sections 25-4.5 b 7 and 25-4.5 b 8 are hereby deleted in their entirety. SECTION 2. Section 25-4.5b is hereby amended to read as follows: "b. Special Requirements "7. Part 1. -Density Bonus. a. In order to encourage the provision of housing for low-and moderate-income households and senior citizens, an applicant for a project in the multiple residential zones may request and the Planning Commission shall grant, with appropriate findings, an increase of twenty-five percent (25~) above the highest density of the applicable General Plan residential category, if the project complies with one or more of the following: (1) At least twenty-five (25$) percent of the total units in the project are restricted to the rental or purchase by persons and families of low-and moderate-income, as defined in Section 50093 of the California Health and Safety Code, or, (2) At least ten percent (10~) of the total units in the project are retricted to the rental or purchase by lower-income households, as defined in Section 50079.5 of the California Health and Safety Code, or (3) At least fifty percent of the total dwelling units in a housing development are qualifying residents, as defined in Section 51.2 of the California Civil Code. b. Density bonus units may be granted subject to the following conditions: (1) The housing development shall consist of five (5) or more dwelling units. (2) Prior to issuance of any zone clearance related to the project, the developer shall enter into an Agreement, the contents of which shall include, but not be limited to, unit price, phasing, outreach methods, deed restrictions and sale of units to non-target income households, financing, and other affordability methods. (3) Required affordable units shall be provided equally within each development. Disk 10-1:Densord 1 ~$ (4) The developer shall undertake an otential program for the purpose of notifying p target income households of thramashallbbelin of affordable units. Said prog a form and of a duration acceptable to the City. (5) There shall be no physical differentiation between required affordable and other units, including exterior treatment and design. (6) That the developer shall contract with the Los Angeles County Housing Authority or an organization approved by the City of Lynwood to screen potential buyers and tenants to ensure that they meet target income group criteria. (7) If federal, state, county or city funds are utilized such agreement shall comply with the appropriate regulations. (8) The certificate of occupancy for a density bonus unit shall automatically expire upon vacation of the unit. Prior to the reissuance of a certificate of occupancy for the unit, the Director of Community Development shall determine that it will be occupied pursuant to the requirements of this Chapter. c. As an alternative, or in addition to awarding a density bonus, the Commission may elect to grant other incentives, which may include variations to the development standards contained in Section 25- 4.5 of this chapter. Part 2 -Density Bonus - Additional Provisions a. In addition to the provisions contained in Part 1, an application for a density bonus shall also comply with the following provisions: Application -- Contents. An application for a density bonus shall contain the following additional information and/or documents: (1) The total number of dwelling units proposed; and (2) The number of dwelling units designated for low and/or moderate income residents or senior citizens; and (3) The amount of bonus or type of incentives of equivalent financial value, if requested, to the grant of a density bonus; and (4) A map indicating the locations units intended for low and/or mo residents or senior citizens, indicating which units are for which are for sale, if combined proposal; and Disk 10-1:Densord of dwelling 9erate income and further rental and in the same 2 A draft agreement suitable for recordation in the office of the County RecordeWithftheolandngefor County, as a covenant running the benefit of the City of Lynwood, indicating the number of dwelling units as specificied by subsection bl of this section and also specifying the number of years that said dwellingloWitand/or be continuously available for use by moderate income persons or senior citizens. The availabilty of dwelling units designated for low and/or moderate housing shall be effective for a period of not less than 10 years. If a low to moderate income household family or senior citizens are occupying the unit at the expiration of the ten-year period, this agreement shall be extended to a term of fifteen (15) years. The agreement shall include, among other things, the following provisions: (a) The developer shall give the City the continuing right-of-first refusal to purchase or lease any or all of the designated units at the fair market value. (b) The deeds to the designated units shall contain a covenant stating that the developer or his/her successor in interest shall not sell, rent lease, sublet, assign, or otherwise transfer any interests for same without the written approval of the City confirming that the sales price or rental schedule of the units is consistent with the limits established for low-and-moderate- income households and senior citizens, which shall be related to the Consumer Price Index. (c) The City shall have the authority to enter into such other agreements with the developer and with the renters or purchasers of the dwelling units, as may be necessary to assure that the required dwelling units are continuously occupied by eligible households. (6) The market rental rates, purchase sale prices whichever are appropriate, for dwelling units of comparable size and type within the market area of the subject property. b. Notification of Housing Authority. The Community Development Department shall refer a copy of the application for a density bonus to the Executive Director of the Los Angeles County Housing Authority for review and comment. The Executive Director shall review such application, and may submit comments and recommendations concerning such proposed low and/or moderate income housing as is deemed appropriate. Disk 31:Densord 3 SECTION 3. The last sentence of Section 25-4.8 d 2 is hereby am to read as follows: "d, Development Standards. ^2, Density Bonus. " * * * ermitted, The numberthose permittedl asunbonus punits as including roviding low and moderate incentives toward p five income housing, shall not exceedermitted by percent (25~) of the number p paragraph d 1 of this subsection." SECTION 4. SEVERABILITY. section, subsection, subdivision, sentence, If anY or portion of this ordinance, or the clause, phrase, is for any application thereof to any person or place, reason held to be invalid or unconsurisdictionby such decision of any court or competent J decision shall not affect the validitlication tomaother portions of this ordinance or its app persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrerson or portions, or the application thereof to any p place, be declared invalid or unconstitutional. First read at a regular meeting of the City Council of said City 19th held on the ay of July , 1988, and ado ted and ordered published at a regular meeting finally P 2nd day of July of said Council held on the 1988, by the following vote: AYES: COUNCILMEMBER HEINE, HENNING, MORRIS, WELLS, RICHARDS NOES: NONE ABSENT: NONE ABSTAIN: ATTEST: ~y~/.f~if o~ OS ~ ~~~d i Andrea Hooper City Clerk Disk 10-1:Densord Paul R. Richards II Mayor 4 APPROVED AS TO CONTENT: /s/ Kenrick R Karefa~hnson Kenrick R. Karefa-Johnson Interim Director Community Development Dept. APPROVED AS TO FORM: Barbosa neral Counsel Disk 10-1:Densord STATE OF CALIFORNIA ~ ss. COUNTY OF LOS ANGELES ). I, :the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the above is a true and correct copy of Ordinance No. 1309__ adopted by the City Council of the City of Lynwood, and that the same was passed on the date and by the vote therein stated. July , 19 88 DATED this 2nd day of C1ty erK city bf Lynwood