ARTICLE 9 DENSITY BONUSES -------------------- (go to main index)

Sections

10-2.2100 Purpose.

10-2.2102 Applications for density bonuses.

10-2.2104 Eligible developments.

10-2.2106 Calculation of density bonuses.

10-2.2108 Additional incentives.

10-2.2110 Alternatives to density bonuses and incentives.

10-2.2112 Criteria.

Government Code Section 65915 provides that a local government shall grant a density bonus and one additional incentive to a developer of affordable dwelling units, or instead shall provide other incentives of equivalent financial value. This ordinance implements the provisions of that statute by setting forth a mechanism for density bonuses and other incentives to promote the development of affordable housing.

(Ord. 2756 c.s., eff. January 18, 1996)

• (a) Response to preliminary proposals. Where a developer has submitted to the City a written preliminary proposal for the development of dwelling units pursuant to State Government Code Section 65915 prior to any formal requests for general plan amendments, zoning amendments, or subdivision map approvals, the City shall, within ninety (90) days of receipt of the written proposal, notify the developer in writing of the procedures governing such requests.
• (b) Conditional use permit required. An application for a density bonus may be granted subject to approval of a Conditional Use Permit pursuant to Section 10-2.2506. In addition to the contents of the application required pursuant to Section 10-2.2506, the following additional information shall be provided:
• (1) The total number of dwelling units proposed;
• (2) The total number of dwelling units designated for affordable housing as defined in subsection (c) of Section 10-2.2104, and the proposed location of such units within the development.
• (3) The density bonus and additional incentive requested.
• (4) Such financial information as may be required by the Chief of Planning so that a determination can be made of alternative incentives of equivalent financial value to the density bonus.
• (5) A draft agreement approved in concept by the City Attorney, suitable for recording as a covenant running with the land or equitable servitude and binding upon the successor in interest of the developer, which includes the following provisions:
• a. The number of dwelling units designated for affordable housing.
• b. The number of years such affordable dwelling units will be made continuously available, which shall not be less than thirty (30) years except as provided for in subsection (c) of Section 10-2.2110.
• c. The rental rates or sales prices of the affordable units and the market rate units within the development.
• (6) The market rental rates or sales prices of dwelling units of comparable size and type within the market area of the subject property.

(Ord. 2756 c.s., eff. January 18, 1996)

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No application for a density bonus shall be accepted unless the proposed development meets all of the following requirements:

• (a) Minimum five units. The density bonus is applied for in conjunction with a housing development that includes five (5) or more dwelling units, not including the requested density bonus.
• (b) Multiple-family zoning. The site for the development must be zoned for multiple-family units, and may include mixed-use zones.
• (c) Affordable units. The number of dwelling units which are required to be affordable shall be calculated based on the number of units that could be developed on the site without the granting of a density bonus, multiplied by either twenty (20%) percent, ten (10%) percent, or fifty (50%) percent, depending on the category of affordability. The affordable units of the housing development shall be from one of the following categories:
• (1) Lower income. Twenty (20%) percent of the units shall be reserved for lower income households as defined in Section 50079.5 of the State Health and Safety Code; or
• (2) Very low income. Ten (10%) percent of the units shall be reserved for very low income households as defined in Section 50105 of the State Health and Safety Code; or
• (3) Qualifying residents. Fifty (50%) percent of the units shall be reserved for qualifying residents as defined in Section 51.2 of the Civil Code of the State.

(Ord. 2756 c.s., eff. January 18, 1996)

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• (a) Minimum density bonus. An eligible development may be granted a density bonus equal to the maximum number of units that could be development on the site multiplied by twenty-five (25%) percent. Any fraction of a unit shall not qualify for a full unit. In addition to the density bonus, at least one of the concessions or incentives identified in subsection (a) of Section 10-2.2108 shall be granted.
• (b) Maximum density bonus. For development projects that exceed eligibility requirements, the maximum density increase may be up to fifty (50%) percent above the otherwise allowable residential density, except where specific density bonus limits are established by the General Plan. A density bonus exceeding twenty-five (25%) percent but no greater than fifty (50%) percent shall comply with the specific policies established for density bonuses of this type contained within the General Plan.

(Ord. 2756 c.s., eff. January 18, 1996)

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• (a) One additional incentive required. In addition to the minimum density bonus of twenty-five (25%) percent, at least one of the following regulatory concessions and/or incentives shall be granted or findings made pursuant to subsection (b) of Section 10-2.2110:
• (1) A reduction in site development standards, zoning code requirements or architectural design requirements which exceed the minimum building standards approved by the State 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.
• (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) Approval of a density bonus of more than twenty-five (25%) percent, but no greater than the maximum density bonus under subsection (b) of Section 10-2.2106.
• (4) The provision of direct financial incentives for the housing development, including the provision of publicly owned land or the waiver of fees or dedication requirements.
• (5) Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions.
• (b) Variances. Variance from development standards for projects granted a density bonus may be permitted upon the following findings:
• (1) That the granting of a variance shall have no adverse effect on abutting property.
• (2) That there is adequate on-site parking to meet the needs of the residents of the project, and there is not likely to be a significant impact on street parking in the immediate area.
• (3) That the granting of a variance serves as an incentive by contributing significantly to the economical feasibility of the project.

(Ord. 2756 c.s., eff. January 18, 1996)

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• (a) In lieu of granting a density bonus a City may provide incentives of equivalent financial value to the density bonus based upon the land cost per dwelling unit. Such incentives may include, but are not limited to, the following:
• (1) Expedited case processing;
• (2) Waiver of zoning, environmental impact, and subdivision fees;
• (3) Utilization of designated public monies set aside for such purpose.
• (b) In lieu of granting one incentive in addition to the density bonus as required by subsection (a) of Section 10-2.2108, a City may make a finding that the additional concession or incentive is not required in order to provide for affordable housing as provided in State Government Code Section 65915.
• (c) In lieu of granting one incentive in addition to the density bonus as required by subsection (a) of Section 10-2.2108, the maximum term of affordability for lower-income, very low, and senior citizens dwelling units shall be ten (10) years.

(Ord. 2756 c.s., eff. January 18, 1996)

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10-2.2112 Criteria. A development project granted a density bonus or provided other incentives pursuant to this Article shall comply with the following criteria:

• (a) The project meets criteria for developments subject to Conditional Use Permits pursuant to Section 10-2.2506(b).
• (b) The project is consistent with the General Plan.
• (c) That prior to the issuance of a building permit for any portion of the project, the developer shall enter into a written agreement with the City as specified in subsection (b) of Section 10-2102 and shall record such agreement in the Office of the Los Angeles County Recorder.
• (d) The affordable dwelling units shall be generally dispersed throughout a development project and shall not differ in appearance, size, and amenities from other units in the development.
• (e) The project is designed to be complimentary to the character of the residential neighborhood in which it is located, and convey a sense of multiple building volumes with articulating design elements.
• (f) Adequate private outdoor living space and public open space is incorporated in the project.
• (g) Marketing programs for affordable units shall be directed to existing residents of the City of Redondo Beach.

(Ord. 2756 c.s., eff. January 18, 1996)

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