HomeMy Public PortalAboutOrd. 1628ORDINANCE NO. 1628
AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 25 OF THE
LYNWOOD MUNICIPAL CODE BY REPEALING ARTICLE 23 OF CHAPTER 25 AND
ADDING A NEW ARTICLE 23 "DENSITY BONUS PROVISIONS FOR RESIDENTIAL
UNITS" TO CHAPTER 25, TO ESTABLISH DENSITY BONUS STANDARDS FOR
AFFORDABLE RESIDENTIAL UNITS
WHEREAS, Government Code Sections 65915, 65915.5, and 65917 requires
cities to provide certain incentives, concessions or density bonuses to an applicant
constructing housing units, a portion of which are restricted as affordable units or units
restricted for senior citizens; and
WHEREAS, said Government Code Sections were amended in 2004 by Senate
Bill ( "SB ") 1818, in 2005 by SB 435 making clarifications to amendments made in 2004
by SB 1818, and in 2008 by SB 2280 making further clarifications in the density bonus
law; and
WHEREAS, the City Council of the City of Lynwood enacted density bonus
regulations in Article 23 "Residential Density Bonus" of Chapter 25 in accordance with
State law; and
WHEREAS, The Planning Commission approved Resolution 3260
recommending approval of Zoning Code Amendment 2009 -03 on February 9, 2010, and
WHEREAS, the City Council would like to amend its density bonus regulations
as required by State law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Article 23 "Residential Density Bonus" of Chapter 25 of the Lynwood
Municipal Code is hereby repealed.
ARTICLE 23 DENSITY BONUS PROVISIONS FOR RESIDENTIAL UNITS
Section 25 -23 -1
Section 25 -23 -2
Section 25 -23 -3
Section 25 -23 -4
Section 25 -23 -5
Section 25 -23 -6
Section 25 -23 -7
Section 25 -23 -8
Section 25 -23 -9
Section 25 -23 -10
Section 25 -23 -11
Purpose.
Definitions.
Density Bonuses for Affordable and Senior Citizen Housing.
Additional Density Bonus for Donations of Land.
Density Bonus & Incentives for Condominium Conversions.
Density Bonus & Incentives for Child Care Facilities.
General Provisions Governing Density Bonus Calculations.
Incentives and Concessions for Affordable Housing.
Waivers & Modifications of Development Standards.
Parking Incentives.
Standards for Density Bonus Housing Developments.
Section 25 -23 -12 Application Requirements.
Section 25 -23 -13 Application Review.
Section 25 -23 -14 Developer Affordable Housing Agreement.
SECTION 25 -23 -1 PURPOSE.
This Article is being enacted: (1) to provide incentives for the production of
housing for very low income, low income, moderate income and senior citizen
households; (2) to provide incentives for the creation of rental housing serving lower
and moderate income households; (3) to provide incentives for the construction of child
care facilities serving very low, lower and moderate income households; and (4) to
implement Sections 65915, 65915.5, and 65917 of the California Government Code as
required by Section 65915(a). In enacting this Article, 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 includes affordable or senior citizen restricted units in a
project. This Article implements the laws for density bonuses and other incentive and
concessions available to qualified applicants under Government Code Sections 65915
through 65918. In the event these Government Code sections are amended, those
amended provisions shall be incorporated into this Article as if fully set forth herein.
SECTION 25 -23 -2 DEFINITIONS.
For purposes of this Article, the following definitions shall apply. Unless
specifically defined below, words or phrases shall be interpreted as to give this Article
its most reasonable interpretation.
"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:
Very low income households: 50% of area median income, adjusted for
assumed household size based on unit size, multiplied by 30 %.
Lower income households: 70% of area median income, adjusted for
assumed household size based on unit size, multiplied by 30 %.
Moderate income households: 110% of area median income, adjusted for
assumed household size based on unit size, multiplied by 35 %.
"AFFORDABLE RENT" means annual rent, including utilities and all fees for
housing services, which does not exceed the following:
Very low income households: 50% of area median income, adjusted for
assumed household size based on unit size, multiplied by 30 %.
Lower income households: 60% of area median income, adjusted for
assumed household size based on unit size, multiplied by 30 %.
"AFFORDABLE UNITS" are dwelling units which are affordable to very low,
lower, or moderate income households as defined by this Article or by any federal or
state housing program and are subject to rental, sale, or resale restrictions 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
this Article pursuant to Section 65915, subdivision (b), of the California 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.
"COMMON INTEREST DEVELOPMENT" bears the same meaning as defined in
Section 1351 of the California Civil Code.
"DENSITY BONUS" means a density increase over the otherwise allowable
zoning maximum residential density on a site as of the date of application by the
applicant to the city, granted pursuant to this Article.
"DENSITY BONUS UNITS" means residential units granted pursuant to this
Article which exceed the otherwise allowable zoning maximum residential density for a
housing development.
"DEVELOPMENT STANDARD" means any site or construction condition
including, but not limited to, a height limitation, a setback requirement, a floor area ratio,
an onsite open -space requirement, or a parking ratio that applies to a housing
development pursuant to any ordinance, general plan element, specific plan, or other
local condition, law, policy, or regulation. A "site and construction condition" is a
development condition or law that provides a specification for the physical development
of a site and buildings on the site in a housing development.
"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 permit listed in section of this 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.
"VERY LOW INCOME HOUSEHOLD" shall have the same meaning as
provided in California Health & Safety Code Section 50105.
"LOWER INCOME HOUSEHOLD" shall have the same meaning as
provided in California Health & Safety Code Section 50079.5.
"MODERATE INCOME HOUSEHOLD" shall have the same meaning as
provided in California Health & Safety Code Section 50093.
"HOUSING DEVELOPMENT," means one or more groups of projects for
residential units in the planned development of the city. "Housing development" also
includes a subdivision or common interest development, as defined in Section 1351 of
the California Civil Code, 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 subdivision (d) of Section 65863.4, 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 Article, "Housing
Development" does not include projects for less than five (5) dwelling units.
"INCENTIVES AND CONCESSIONS" are regulatory concessions as listed in
section 25 -23 -9 of this Article.
"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 Article.
"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 35 dwelling units) and
Section 51.12 of the California Civil Code, or a mobilehome 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.
"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.
SECTION 25 -23 -3 DENSITY BONUSES FOR AFFORDABLE AND SENIOR CITIZEN
HOUSING.
A. Very Low and Lower Income Housing and Senior Citizen Housing. Upon
written request to the city, an applicant for a housing development is eligible for one
density bonus of twenty percent (20 %) over the maximum residential density (except in
the case of senior citizen housing, as provided below), provided that the applicant
agrees to construct the housing development in accordance with one of the following
criteria:
1. Five percent (5 %) of the total dwelling units, excluding any units permitted
by the density bonus, are provided at affordable rent or ownership costs to
very low income households; or
2. Ten percent (10 %) of the total dwelling units, excluding any units
permitted by the density bonus, are provided at affordable rent or
ownership costs to lower income households; or
3. A senior citizen housing development. For senior citizen housing
developments, the density bonus shall be twenty percent (20 %) of the
number of senior housing units provided.
B. Moderate Income Housing. Upon written request to the city, an applicant
for a housing development is eligible for one density bonus of five percent (5 %) over the
maximum residential density if the applicant agrees to construct the housing
development in accordance with all of the following criteria:
1. At least ten percent (10 %) of the total dwelling units, excluding any units
permitted by the density bonus, are provided at affordable ownership
costs to moderate income households; and
2. The housing development is a common interest project as defined by
Section 1351 of the California Civil Code, and
3. All of the dwelling units in the housing development are offered for sale to
the public.
C. 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) or (B) above,
as follows:
1. Very low income units - For each one percent (1%) increase above five
percent (5 %) in affordable units for very low income households, the
density bonus shall be increased by two and one -half percent (2.5 %) up to
a maximum of thirty -five percent (35 %), as follows:
Percentage Very
Percentage Density
Low Income Units
Bonus
5
20
6
22.5
7
25
8
27.5
9
30
10
32.5
11
35
2. Lower income units - For each one percent (1%) increase above ten
percent (10 %) in affordable units for lower income households, the density
bonus shall be increased by one and one -half percent (1.5 %) up to a
maximum of thirty -five percent (35 %), as follows:
3.
Percentage Low
Percentage Density
Income Units
Bonus
10
20
11
21.5
12
23
13
24.5
14
26
15
27.5
17
30.5
18
32
19
33.5
20
35
4. Moderate income ownership units - For each one percent (1%) increase
above ten percent (10 %) in affordable units offered for sale to moderate
income households, the density bonus shall be increased by one percent
(1 %) up to a maximum of thirty -five percent (35 %), as follows:
Percentage
Moderate Income
Percentage Density
Bonus
Units
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
D. Continued Affordability. Affordable units qualifying a housing development
for a density bonus shall remain affordable as follows:
1. Very low income and low income household units shall remain affordable
to the designated income group for a minimum of thirty (30) 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.
2. Moderate income household units shall remain affordable for a minimum
of thirty (30) years, or for a longer period of time if required by any
construction or mortgage financing assistance program, mortgage
insurance program applicable to the dwelling units.
3. Notwithstanding the foregoing, very low -, low -, and moderate - income units
in housing developments qualified for a density bonus that are located in
or found by the redevelopment agency to benefit a redevelopment project
area shall remain at an affordable level for a period of not less than forty -
five (45) years for owner - occupied units, and not less than fifty -five (55)
years for rental units, in accordance with applicable provisions of the
California Community Redevelopment Law (Health and Safety Code
Section 33000 et seq.). Upon resale, the city shall enforce an equity -
sharing agreement, unless it is in conflict with the requirements of another
public funding source or law. The equity sharing agreement shall include
the following provisions:
(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
as defined in subparagraph (b), and its proportionate share of
appreciation, as defined in subparagraph (c), which amount shall
be used within five years for any of the purposes described in
Health & Safety Code Section 33334.2(e).
(b) The city's initial subsidy shall be equal to the fair market value of
the home at the time of the 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.
4. The city's proportionate share of appreciation shall be equal to the ration
of the city's initial subsidy to the fair market value of the home at the time
of initial sale.
5. Any contract, deed restriction, or other instrument used to implement the
continued affordability pursuant to this section, shall be signed by the
applicant and by the city as parties. If the housing development is located
in or found by the redevelopment agency to benefit a redevelopment
project area, such contract, deed restriction, or other instrument shall be
signed by the redevelopment agency as a party or, at the redevelopment
agency's election, the contract, deed restriction, or other instrument shall
identify the redevelopment agency as an express third -party beneficiary
with the right to enforce the terms of such contract, deed restriction, or
other instrument.
E. Specification of Basis For Density Bonus. Each applicant who requests a
density bonus pursuant to Section 25 -23 -3, shall elect whether the bonus will be
awarded on the basis of subsection (A)(1), (A)(2), (A)(3) or subsection (B) of this
section. Each housing development is entitled to only one density bonus, which may be
selected based on the percentage of either very low income affordable housing units,
lower- income affordable housing units or moderate - income affordable housing units, or
the development's status as a senior citizen housing development. Density bonuses
from more than one of these categories may not be combined.
SECTION 25 -23 -4 ADDITIONAL DENSITY BONUS FOR DONATIONS OF LAND.
A. Upon written request, when an applicant for a tentative map, subdivision
map, parcel map, or other residential development approval qualified for a density
bonus pursuant to Section 25 -23 -3 also donates land to the city in accordance with this
section, the applicant shall be entitled to an additional density bonus. Applicants
donating land to the city shall be eligible for an additional fifteen percent (15 %) density
bonus at the site of the housing development if the donated land is suitable for the
construction of very low income units equaling at least ten percent (10 %) of the market -
rate units being constructed for the project. The density bonus provided pursuant to this
section shall be in addition to any density bonus granted pursuant to Section 25 -23 -3,
up to a maximum combined density bonus of thirty -five percent (35 %).
B. To qualify for the additional density bonus described in subsection (A) of
this Section 25 -23-4, the donation of land must meet all of the following criteria:
1. The tentative map, subdivision map, parcel map, or other residential
development must otherwise be subject to a density bonus pursuant to
Section 25 -23 -3; and
2. 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
3. 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 (10 %) 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
4. The donated land is at least one acre in size or is large enough to permit
development of at least forty (40) 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
5. 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 California Government Code Section 65583.2 subsection (i)
if the design is not reviewed by the city prior to the time of transfer; and
6. The donated land is subject to a deed restriction ensuring continued
affordability of the very low income units consistent with Section 25-23 -
3(D), which deed restriction shall be recorded upon the donated property
at the time of its transfer; and
7. The land will be transferred to the city, the redevelopment agency of 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
8. 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
9. 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 (1%) increase above the minimum ten
percent (10 %) 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 (1 %), up to a maximum of thirty -five percent (35 %), as follows:
Percentage of Very
Percentage of
Low Income Units
Additional Density
That Can Be
Bonus
Accommodated on
Donated Land
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
SECTION 25 -23 -5 DENSITY BONUS & INCENTIVES FOR CONDOMINIUM
CONVERSIONS.
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: (i) at least
thirty -three percent (33 %) of the total units of the proposed condominium project to
persons and families of low or moderate income as defined in Section 50093 of the
Health and Safety Code, or (ii) at least fifteen percent (15 %) of the total units of the
proposed condominium project to lower income households as defined in Section
50079.5 of the Health and Safety Code, and (iii) 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), above, may
receive one of the following, at the city's option:
1. A flat density bonus of twenty -five percent (25 %) 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 Article 25 -23 or pursuant to California
Government Code Section 65915. An applicant 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 25 -23 -5, 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 Article 25 -23. Nothing in this section shall be construed
to require the city to approve a proposal to convert rental apartments into
condominiums.
SECTION 25 -23 -6 DENSITY BONUS & CONCESSIONS /INCENTIVE FOR CHILD
CARE FACILITIES.
A. A housing development that is eligible for a density bonus pursuant to
Section 25 -23 -3, above, and also includes a child care facility qualified under this
Section 25 -23 -6 is 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 (i) located on the premises of,
as part of, or adjacent to the housing development, and (ii) the housing development is
otherwise eligible for a density bonus pursuant to Section 25 -23 -3. As a condition of
approving the additional density bonus for the housing development, the child care
facility must meet all of the following criteria:
1. The child care facility may be used only 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 25- 23 -3(D); 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 that are proposed to be affordable to very low
income households, lower income households, or moderate income
households pursuant to section 25 -23 -3.
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.
SECTION 25 -23 -7 GENERAL PROVISIONS GOVERNING DENSITY BONUS
CALCULATIONS.
A. For the purposes of any provisions in this Article 25 -23, 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 Article 25 -23, the "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 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 (35 %)'.
TABLE 1: Density Bonus Summary
Types J
A:
o nus
Additional
%° ` Affordable
Affordable,Units,.
RGranted
'Bonus for
Units;
Providing
1
Each 1%
Required 5 fors
Eligibility fore a
t
Increase ,i in
,
Maximum`
. x
Densit PBonus�
Y
�.,
F:
Affordable
°
35 /o Bonus
a
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 %, and an
additional s . ft. bonus may be gra nted for a child care
facility.
Affordable
Housing
- Very low income
5%
20%
2.5%
11%
- Lower income
10%
20%
1.5%
20%
- Moderate
10%
5%
1%
40%
income
(ownership units
only)
Senior citizen
Qualified
20% of the
--
--
housing
senior citizen
senior citizen
housing
housing units
develop ment
Land donation for
Land donated
15%
1%
30% of
very low income
can
market -rate
housing
accommodate
units
10% of market
(assuming
rate units, plus
housing
housing
development
development
provides 5%
qualifies for
very low
density bonus
income units)
as an
affordable or
senior project.
Condominium
Conversion
- Lower income
15%
25%(1)
--
--
- Low /Mod
33%
25%")
--
--
income
TABLE 1: Density Bonus Summary
Types ;' of
Mir irnum % °
Bonus J
Additional
%, � Affordable
Affortlable :Units
Granted`~`
Bonus for
Units
s:.
Providing,.
b -
Each 1%
Required fo:r
Eligibilitya ,for, a
g
Increase in
Maximum
Density Bonus.
:'
ri
Affordable "
35% Bows �..
:`
Units
.
Child care facility
Housing
Sq. ft. in child
--
--
development
care facility(')
qualifies for
density bonus
as an
affordable or
senior project.
Notes:
(1) Maximum of 25% bonus for condominium conversions, or an incentive of equal value,
at the city's option.
SECTION 25 -23 -8 INCENTIVES AND CONCESSIONS FOR AFFORDABLE
HOUSING.
A. Definition Of A Qualified Concession Or Incentive. An applicant for a
density bonus pursuant to Section 25 -23 -3 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's director of Development Services to
discuss such proposal. For purposes of this Article, 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 California Health & 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 that the requested reductions in site
development standards result in identifiable, financially sufficient, and
actual cost reductions.
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
1
3. Other regulatory incentives or concessions proposed by the applicant or
the city, so long as the city can find that such proposals result in
identifiable, financially sufficient, and actual cost reductions.
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:
The concession or incentive is not required in order to provide for
affordable housing costs or for affordable rents for the targeted units to be
set as specified in Section 25- 23 -3(D); or
2. The concession or incentive would have a specific adverse impact; 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:
One incentive or concession for housing developments where at least five
percent (5 %) of the total units are for very low income households, at least
ten percent (10 %) of the total units are for lower income households, or at
least ten percent (10 %) of the total units in a common interest
development are sold to moderate income households; or
2. Two incentives or concessions for housing developments where at least
ten percent (10 %) of the total units are for very low income households, at
least twenty percent (20 %) of the total units are for lower income
households, or at least twenty percent (20 %) 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
ten percent (15 %) of the total units are for very low income households, at
least twenty percent (30 %) of the total units are for lower income
households, or at least twenty percent (30 %) of the total units in a
common interest development are sold to moderate income households.
TABLE 2: Incentives and Concessions Summary
Aff6r.,dabli6 units$or,Cate o „
%`of Affordable; units ,
Pursuant to State Density Bonus
Affordable Housing
- Very low income
5%
10%
15%
- Lower income
10%
20%
30%
- Moderate income (ownership
10%
20%
30%
units only)
Maximum
1
2
3
Incentive(s)/Concession (S)(1)(2)(1)
Notes:
(1) An incentive or concession may be requested only if an application
is also made for a density bonus.
(2) Incentives or concessions may be selected from only one category
(very low, lower, or moderate).
(3) No incentives or concessions are available for land donation.
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 be interpreted, in and
of itself, to require a general plan amendment, local coastal plan amendment, zoning
change, or other discretionary approval.
SECTION 25 -23 -9 WAIVERS & MODIFICATIONS OF DEVELOPMENT STANDARDS.
A. Applicants granted a density bonus pursuant to Section 25 -23 -3 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 Article. The applicant may also request a meeting with the city to discuss such
request for waiver and modifications.
B. In order to obtain a waiver or modification of development standards, the
applicant shall show that the development standards will have the effect of precluding
the construction of a housing development meeting the criteria of Section 25 -23 -3, at
the densities or with the concessions or incentives permitted by this Article.
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 25 -23 -8.
D. The city may deny a request for any waiver, modification or reduction of
development standards if the wavier, modification or reduction would have a specific
adverse impact.
SECTION 25 -23 -10 PARKING INCENTIVES.
Upon the written request of the applicant for a housing development meeting the criteria
for a density bonus under Section 25 -23 -3, the city shall not require a vehicular parking
ratio that exceeds the following:
1. Zero to one - bedroom units: one on -site parking space.
2. Two to three - bedroom units: two on -site parking spaces.
3. Four and more bedroom units: two and one -half parking spaces.
Guest parking and handicapped parking shall be included within the maximum number
of spaces that may be required. If the total number of parking spaces required for a
housing development is other than a whole number, the number shall be rounded up to
the next whole number. For purposes of this section, a housing development may
provide on -site parking through tandem parking or uncovered parking, but not through
on- street parking. For purposes of this Article, the parking ratios set forth in this Section
shall be deemed a concession or incentive available to the applicant under Section 25-
23-8.
SECTION 25 -23 -11 STANDARDS FOR DENSITY BONUS HOUSING
DEVELOPMENTS.
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 the Lynwood Municipal
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.
SECTION 25 -23 -12 APPLICATION REQUIREMENTS.
A. An application for a density bonus, incentive, concession, waiver,
modification, or revised parking standard pursuant to this section shall be submitted with
the first approval of the housing development and processed concurrently with all other
applications required for the housing development.
B. For affordable units qualifying the housing development for a density
bonus, the application shall include the following information:
1. A site plan identifying the base project without the density bonus, number
and location of all inclusionary units, affordable units qualifying for the
project for a density bonus, and proposed density bonus units; and
2. Proposed category( -ies) qualifying the housing development for a density
bonus; and
3. Level of affordability of all affordable and inclusionary units and proposals
for ensuring affordability, if applicable; and
4. A description of any requested incentives, concessions, waivers or
modifications of development standards, or modified parking standards.
5. If a density bonus or concession is requested for 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 25 -23 -4 can be
made.
6. If the density bonus or incentives of equivalent financial value are based
upon a condominium conversion with affordable units or senior citizen
housing, the application shall demonstrate that the project meets the
qualifications and findings stated in Section 25 -23 -5.
7. If a density bonus or concession is requested for a child care facility, the
application shall show the location and square footage of the child care
facility and provide evidence that the findings included in Section 25 -23 -6
can be made.
C. Upon submission of the application to the city, the director of development
services or designee shall determine if the application is complete and conforms to the
provisions of this Article. No application for a first approval for a housing development
requesting a density bonus, incentives, concessions, or waivers may be deemed
complete unless an affordable housing plan is submitted conforming to the provisions of
this Article.
D. A request for a minor modification of an approved application may be
granted by the city manager or designee if the modification is substantially in
compliance with the original application and the conditions of approval Other
modifications to the affordable housing plan shall be processed in the same manner as
the original application.
SECTION 25 -23 -13 APPLICATION REVIEW.
A. An application for a density bonus, incentive, concession, waiver,
modification, or revised parking standard pursuant to this Article shall be reviewed as
part of the first approval of the housing development by the approval body with authority
to approve the housing development, unless additional review by the planning
commission or city council is required. An applicant proposing a housing development
pursuant to this article, may submit a preliminary application prior to the submittal of any
formal request for approval of a housing development.
B. Within ninety (90) days of receipt of the preliminary application the city
shall provide to an applicant, a letter which identifies project issues of concern (the
maximum financial assistance that the director of development services can support
when making a recommendation to the city council), and the procedures for compliance
with this Article. The director of development services shall inform the applicant that the
requested additional incentives shall be recommended for consideration with the
proposed housing development, or that alternative or modified additional incentives
pursuant to Section 25 -23 -8 of this article shall be recommended for consideration in
lieu of the requested incentives. If alternative or modified incentives are recommended
by the director of development services,, .the recommendation shall establish how the
alternative or modified incentives can be expected to have an equivalent affordability
effect as the requested incentives.
C. Before approving an application for a density bonus, incentive,
concession, waiver, or modification, the approval body shall make the following findings:
1. The housing development is (i) eligible for a density bonus, and /or (ii) any
concessions, incentives, waivers, modifications, or reduced parking
standards requested conform to all requirements of this Article, and
(iii) supported by a financing mechanism for all implementation and
monitoring costs.
2. If the density bonus is 'based all or in part on dedication of land, the
application meets the qualifications and findings stated in Section 25 -23 -4.
3. If the density bonus or incentives of equivalent financial value are based
upon a condominium conversion with affordable units or senior citizen
housing, that the application meets the qualifications and findings stated in
Section 25 -23 -5.
4. If the density bonus, incentive, or concession is based all or in part on the
inclusion of a child care facility, the application meets the qualifications
and findings stated in Section 25 -23 -6.
5. If a waiver or modification is requested, the applicant has shown that the
waiver, modification or reduction of development standards meets the
qualifications and findings stated in Section 25 -23 -9.
D. If the findings stated in subpart (B) of this Section 25 -23 -13 can be made,
and a request for an incentive or concession is otherwise consistent with this Article, the
approval body may deny a concession or incentive based upon written findings of any of
the factors stated in 25 -23 -8 for the denial or disqualification of a concession or
incentive.
E. If the required findings stated in subpart (B) of this Section 25 -23 -13 can
be made, and a request for a waiver or modification is otherwise consistent with this
Article, the approval body may deny the requested waiver or modification based upon
written findings of any of the factors stated in 25 -23 -9 for the denial or disqualification of
a waiver or modification.
F. Nothing in this section shall be interpreted to require the city to grant an
incentive or concession or to waive or reduce development standards if that incentive,
concession, waiver, or reduction has a specific adverse impact upon health, safety, or
the physical environment, and for which there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact.
G. Any decision regarding a density bonus, incentive, concession, waiver,
modification, or revised parking standard may be appealed as provided in Article 100 of
Chapter 25 of the Lynwood Municipal Code. In accordance with State law, neither the
granting of a concession or incentive, nor the granting of a density bonus, shall be
interpreted, in and of itself, to require a general plan amendment, zoning change, or
other discretionary approval.
SECTION 25 -23 -14 DEVELOPER AFFORDABLE HOUSING AGREEMENT.
A. Applications requesting a density bonus shall agree to enter into a density
bonus housing agreement with the city. The terms of the draft agreement 'shall, be
reviewed and revised as appropriate by the director of development(services, who shall
formulate a recommendation to the planning commissiori-for final approval. A density
bonus housing agreement shall be made a condition of the discretionary planning
permits for all housing developments pursuant to this Article and shall be recorded as a
restriction on any parcels on which the affordable units or density bonus units will be
constructed.
B. The density bonus housing agreement shall be recorded prior to final or
parcel map approval, or, where the housing development does not include a map, prior
to issuance of a building permit for any structure in the housing development. The
density bonus housing agreement shall run with the land and bind future owners and
successors in interest."
Section 2. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining sections, subsections, sentences, clauses, phrase, or portions of this
ordinance. The City Council hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
Section 3. This ordinance shall take effect thirty (30) days after its final passage.
Section 4. The City Clerk of the City of Lynwood is hereby directed to certify to
the passage and adoption of this Ordinance and to cause it to be published as required
by law.
First read at a regular meeting of the City Council held on the 2 "d day of March, 2010
and adopted and ordered published at a regular meeting of said Council held on the 16th
day of March, 2010.
PASSED, APPROVED, and ADOPTED this 16th day of March, 2010.
ATTEST:
i
aria Quinonez, ity Clerk
APPROVED AS TO FORM:
Fred Ga ante, City Attorney
Mari6 T. Santillan, Mayor
FARM
APPROVED AS TO CONTENT:
Jonathan Colin, Director of
Development Services
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at a
regular meeting held on the 16th day of March, 2010.
AYES: COUNCIL MEMBERS MORTON, CASTRO, RODRIGUEZ AND
SANTILLAN
NOES: NONE
ABSENT: COUNCIL MEMBER FLORES
ABSTAIN: NONE
Maria Quinonez, Cit Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No.1628 in my office and that said Ordinance was adopted
on the date and by the vote therein stated. Dated this 16th day of March, 2010.
Maria uinonez, City Clerk