HomeMy WebLinkAboutORD NO. 13-13421
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ORDINANCE NO. 13-1342
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH AMENDING THE MUNICIPAL CODE TO
IMPLEMENT CERTAIN HOUSING PROGRAMS IN THE 2008-2014
HOUSING ELEMENT OF THE HERMOSA BEACH GENERAL PLAN
The City Council of the City of Hermosa Beach does ordain as follows:
SECTION 1. Section 17.04.040 (Definitions) of Chapter 17.04 of Title 17 is amended by
adding the following to the alphabetical list of definitions to read as follows:
"Emergency shelters" means housing with minimal supportive services that limits
occupancy by homeless persons to six months or less in any year, and does not deny occupancy
due to a person's inability to pay.
"Lower -income" means household income not exceeding eighty percent of the "area (Los
Angeles County) median income" published annually by the California Department of Housing
and Community Development.
"Lower -income multiple -family dwelling" means two-family dwellings and multiple
dwellings, as those terms are defined in this Code, where all dwelling units are affordable to
lower -income households. This definition includes owner -occupied and rental dwelling units.
"Medical or residential care facility" means a nursing and convalescent home as licensed
by State Department of Public Health, and includes residential care homes as licensed by State
Department of Social Welfare Services, Community Care Licensing Division. This term also
includes group living quarters housing persons placed by an authorized agency for rehabilitation
purposes and is funded by or licensed by or is operated under the auspices of an appropriate
federal, state or county governmental agency.
"Single room occupancy facility" and "SRO facility" means a building containing more
than six SRO units, designed for occupancy of no more than two persons, and which is intended,
designed, or is used as a primary residence by its occupants.
"Single room occupancy unit" and "SRO unit" means a room that is used, intended or
designed to be used by no more than two persons as a primary residence, but which lacks either or
both a self-contained kitchen or bathroom.
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"Supportive housing" means housing with no limit on length of stay, that is occupied by
the target population, and that is linked to onsite or offsite services that assist the supportive
housing resident in retaining the housing, improving his or her health status, and maximizing his
or her ability to live and, when possible, work in the community." For purposes of this definition,
"target population" means adults with low-income having one or more disabilities, including
mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals
eligible for services provided under the Lanterman Developmental Disabilities Services Act
(Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may,
among other populations, include families with children, elderly persons, young adults aging out
of the foster care system, individuals exiting from institutional settings, veterans, or homeless
people. Supportive housing is a residential use subject to the same regulations and procedures that
apply to other residential uses of the same type in the same zone.
"Transitional housing" and "transitional housing development" means buildings
configured as rental housing developments, but operated under federal, state or local housing
program requirements that call for the termination of assistance and recirculation of the assisted
unit to another eligible program recipient at some predetermined future point in time, which shall
be no less than six months. Transitional housing is a residential use subject to the same regulations
and procedures that apply to other residential uses of the same type in the same zone.
SECTION 2. Subsection A is amended, its associated asterisk is deleted, and
subsections L, M, N and O are added to Section 17.08.020 of Chapter 17.08 of Title 17 to read as
follows:
17.08.020 Permitted uses.
Subject to the restrictions hereinafter specified, only the following uses are permitted in an R-1
i zone:
A. Single-family dwelling, including mobilehomes.
1. An administrative permit may be granted for a second unit on lots of at least eight
thousand (8,000) square feet, provided the gross floor space of the dwelling unit is limited to a
maximum of six hundred forty (640) square feet, the existing residence meets R-1 parking
requirements, and the existing and proposed units meet all other R-1 development standards and
have two parking spaces per unit. This provision is applicable only to the R-1 zone.
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L. Supportive housing for six (6) or fewer persons.
M. Transitional housing for six (6) or fewer persons.
N. Group home for six (6) or fewer persons.
O. Residential or medical care facility for six (6) or fewer persons.
SECTION 3. Subsection C of Section 17.16.010 (Permitted Uses in R-3 District) of
Chapter 17.16 of Title 17 is amended to read as follows:
C. Single Room Occupancy Facilities (maximum six units). (Refer to Section 17.40.090 for
additional requirements);
SECTION 4. Section 17.26.030 (Permitted Uses in C-3 District) of Chapter 17.26 of
Title 17 is amended by adding the following to the alphabetical list of uses to read as follows:
Uses
C1
C2
C3
See Section
Emergency shelters
P
17.40.240
Single Room Occupancy
Facility more than six units
U
17.42.090
SECTION 5. Subsections F and G are added to Section 17.38.300 (Specific Plan Area
No. 7 Permitted Uses) of Chapter 17.38 of Title 17 to read as follows:
F. Emergency shelters are permitted uses subject to the requirements of Section 17.40.240.
G. Single Room Occupancy Facilities (more than six units) are permitted uses subject to the
requirements of Section 17.40.090.
SECTION 6. Subsections F and G are added to Section 17.38.370 (Specific Plan Area
No. 8 Permitted Uses) of Chapter 17.38 of Title 17 to read as follows:
F. Emergency shelters are permitted subject to the requirements of Section 17.40.240.
G. Single Room Occupancy Facilities (more than six units) are permitted subject to the
requirements of Section 17.40.090.
SECTION 7. Section 17.40.240 is added to Chapter 17.40 of Title 17 to read as follows:
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17.40.240 Emergency Shelters.
This section sets forth requirements for the establishment and operation of emergency shelter
facilities.
A. Permit and Operational Requirements. The approval and operation of an emergency
shelter shall be subject to the following requirements:
1. Administrative Permit Required. Emergency shelters may be established and operated
in the C-3, SPA-7 and SPA-8 zoning districts subject to the granting of an administrative permit in
compliance with Chapter 17.55.
2. Management and Operations Plan. An application for an administrative permit to
establish and operate an emergency shelter shall be accompanied by a Management Plan, which
shall establish hours of operation, staffing levels and training procedures, maximum length of stay,
size and location of exterior and interior onsite waiting and intake areas, admittance and discharge
procedures, provisions for on -site or off -site supportive services, on -site and off -site security
procedures, and protocols for communications with local law enforcement agencies and
surrounding property owners.
B. Development Standards. Emergency shelters shall conform to the following standards.
1. The maximum number of beds shall be ten (10). An additional four (4) beds may be
provided for children under the age of 18 with a parent or guardian within designated family units.
2. A minimum separation of 300 feet, measured from the property line, shall be
maintained between all emergency shelters.
3. Separate private shower and toilet facilities shall be provided for men, women and
families.
4. Alcohol and narcotics use and consumption are prohibited both within the facility and
on the property. No amplified music or sound is allowed. No animals are permitted (except guide
dogs for the disabled or ordered by a doctor for medical reasons).
5. One parking space per 3 beds, plus one space for each staff member and volunteer on
duty shall be provided.
6. Bicycle racks or bicycle lockers for 3 bicycles shall be provided onsite near the facility.
7. Stays at the facility shall be on a first -come first -served basis. Clients may be admitted
to the facility only between 6:00 p.m. and 8:00 a.m. The facility may remain open 24 hours a day
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only if providing onsite accessory services. Clients have no guaranteed bed for the next night.
The maximum length of stay at the facility shall not exceed 180 days in a 365-day period.
8. The facility may provide the following services in an area separate from sleeping areas,
such as counseling services, laundry facilities to serve the clients at the shelter, client storage area
such as for the storage of bicycles or personal items, or similar services geared to homeless clients.
All such areas and facilities shall be located within a building, with the exception of bicycle
parking.
9. A waiting area shall be provided which contains a minimum of 10 square feet per bed
provided at the facility. The waiting area shall be in a location not adjacent to the public right of
way, shall be visually separated from public view by a minimum 6-foot tall screening of mature
landscaping or by a minimum 6-foot tall decorative masonry wall, and shall provide consideration
of shade and protection from the elements.
10. Security and safety. A staff member shall be on -premises at all times the facility is
open to clients. Security and safety shall be addressed for both on and off -site needs, including
provisions to address the separation of male/female sleeping areas as well as any family areas
within the facility. At a minimum, the Plan shall contain provisions addressing security and safety.
11. Loitering control. Measures regarding off -site controls to minimize the congregation
of clients in the vicinity of the facility during hours that clients are not allowed on -site.
12. Management for outdoor areas. A system for daily admittance and discharge
procedures, including monitoring for waiting areas, shall be developed to minimize disruption to
nearby land uses.
13. Staff training. A staff training program shall be maintained that provide adequate
knowledge and skills necessary to assist clients in obtaining permanent shelter and income.
14. Communications. A communication and outreach plan shall be developed to maintain
good communication and response to operational issues which may arise from the neighborhood,
City staff, or the general public.
15. Client eligibility. A screening program to determine client eligibility is required. The
facility shall be required to utilize the Los Angeles County region's current Homeless
Management Information System.
16. Counseling services. Provision of or links to counseling services are encouraged.
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Identify and describe the counseling programs to be provided as well as procedures that will be
used to refer clients to outside assistance agencies. An annual report to the City on this activity is
required.
17. Facility rules shall be conspicuously displayed in English and Spanish.
18. Litter control. Litter and trash removal attributable to facility operations and its
clients shall be provided. Graffiti shall be removed within 24 hours.
19. Any other reasonable additional specific needs identified by the Planning Director or
Police Chief.
SECTION 8. Section 17.42.090 of Chapter 17.42 of Title 17 is amended to read as
follows:
17.40.090 Single Room Occupancy (SRO).
A. Purpose. The provisions of this section are intended to provide opportunities for the
development of permanent, affordable housing for small households and for people with special needs
in proximity to transit and services, and to establish standards for these small units.
B . Location. SRO units and facilities may be located in the R-3 zoning district with an
administrative permit pursuant to Chapter 17.55. SRO units and facilities with more than 6 units
may be located in the R-3, C-3, SPA-7 and SPA-8 zones with a conditional use permit pursuant to
17.56.
C. Development Standards. SRO units and facilities shall comply with the following:
1. Single Room Occupancy Facilities.
a. Density. SRO facilities are not required to meet density standards of the General Plan
or zoning district.
b. Common area. Four square feet per living unit shall be provided, with at least 200
square feet in area of interior common space, excluding janitorial storage, laundry facilities and
common hallways.
c. Laundry facilities. Laundry facilities must be provided in a separate room at the ratio
of one washer and one dryer for every 20 units or fractional number thereof, with at least one washer
and dryer per floor.
d. Cleaning supply room. A cleaning supply room or utility closet with a wash tub
with hot and cold running water shall be provided on each floor.
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2. Single Room Occupancy Units.
a. Unit size. An SRO unit shall have a minimum size of 150 square feet and a maximum
of 400 square feet.
b. Occupancy. An SRO unit shall accommodate a maximum of two persons.
c. Bathroom. An SRO unit is not required to but may contain partial or full bathroom
facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a
toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not
provided, one common shower or bathtub/shower combination shall be provided per seven
persons, with at least one full bathroom per floor. Locking doors shall be provided.
d. Kitchen. An SRO unit is not required to but may contain partial or full kitchen
facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial
kitchen is missing at least one of these appliances. If a full kitchen is not provided, common
kitchen facilities shall be provided with at least one full kitchen per floor.
e. Closet. Each SRO unit shall have a separate closet.
f. Code compliance. SRO units shall comply with all requirements of the California
Building Code. All SRO units and facilities shall comply with all applicable accessibility and
adaptability requirements. All common areas shall be fully accessible.
D. Affordability. All SRO units shall be restricted to lower -income households. Deed
restriction(s) approved by the City shall be recorded including monitoring provisions.
E. Tenancy. Tenancy of SRO units shall be limited to 30 or more days.
F. Management. A SRO facility (with 6 or more units) shall provide on -site management. A
management plan shall be submitted with the development application for SRO units or a SRO
facility and shall be approved by the City. The management plan shall address management and
operation of the facility, rental procedures, safety and security of residents and building
maintenance.
SECTION 9. Section 17.42.100 of Chapter 17.42 of Title 17 is amended to read as
follows:
Section 17.42.100 -Affordable Housing Density Bonus and Incentive Program.
A. General Provisions.
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1. Compliance with State law. The provisions of this section shall be governed by the
requirements of Government Code Section 65915, as that statute is amended from time -to -time.
Where conflict occurs between the provisions of this chapter and State law, the State law
provisions shall govern, unless otherwise specified.
2. Median Income Levels. For the purpose of determining the income levels for
Households under this section, the City shall use the Los Angeles County income limits found in
Title 25, Section 6932 of the California Code of Regulations, as regularly updated and published
by the State Department of Housing and Community Development, or other income limits set
forth in the General Plan Housing Element or adopted by the City Council if the State Department
of Housing and Community Development fails to provide regular updates.
3. Compatibility. All affordable housing units shall be dispersed within market -rate
projects whenever feasible. Affordable housing units within market -rate projects shall be
comparable with the design and use of market -rate units in appearance, use of materials, and
finished quality. The design and appearance of the affordable housing units shall be compatible
with the design of the total housing project and consistent with the surrounding neighborhood.
Forms, materials and proportions that are compatible with the character of the surroundings shall
be used.
4. Availability. All affordable housing units shall be constructed concurrently with, and
made available for qualified occupants at the same time as, the market -rate housing units within
the same project unless both the City and the developer agree in the Affordable Housing
Agreement to an alternative schedule for development.
5. Effect of Granting Density Bonus. The granting of a density bonus and other
incentives provided for by this section shall not by virtue of such incentives require a general plan
amendment, zone change, variance or other discretionary approval, unless such approval would
otherwise be required.
B. State Affordable Housing Density Bonus.
1. Density Bonus. Pursuant to Government Code Section 65915, the City shall grant a
density bonus in the following amounts over the otherwise allowable maximum residential density
permitted by this Chapter and the General Plan, and one or more of the Affordable Housing
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Incentives set forth in subsection (D)(1), Affordable Housing Concessions and Incentives, if the
applicant agrees or proposes to construct any one of the following:
a. Lower Income Units. A density bonus of 20% if 10% of the total units of a housing
development are Target Units affordable to lower income households, as defined in Section
50079.5 of the California Health and Safety Code.
b. Very Low Income Units. A density bonus of 20%, if 5% of the total units of a
housing development are Target Units affordable to very low income households, as defined in
Section 50105 of the Health and Safety Code.
c. Senior Citizen Housing Development. A density bonus of 20%, if a housing
development qualifies as a Senior Citizen Housing Development, as defined in Section 51.3 of the
Civil Code.
d. Moderate Income Units in Condominium and Planned Unit Developments. A
density bonus of 5% if 10% of the total dwelling units in a condominium project, as defined in
subdivision (f) or in a Planned Development as defined in subdivision (k) of Section 1351 of the
Civil Code, are Target Units affordable to persons and families of moderate income, as defined in
Section 50093 of the Health and Safety Code.
e. Housing Accompanied by Land Donation. A density bonus of 15%, if a housing
developer agrees to donate land to the City, subject to the requirements of subsection (F), Density
Bonuses for Housing Developments Accompanied by Land Donation.
2. Applicability. The provisions of subsection (13)(1) shall be applicable to residential
projects of five (5) or more units, and senior citizen housing developments of at least 35 units.
3. Calculation of Density Bonuses.
a. Density Bonus Units. When calculating the number of permitted density bonus
units, all fractional units shall be rounded up to the next whole number. The density bonus shall
not be included when determining the number of target affordable or senior housing units to be
provided in a development project.
b. Sliding Scale for Greater Density Bonus. An applicant is entitled to receive a bonus
larger than the percentages specified in subsection (13)(1) if the percentage of affordable housing
exceeds the percentages specified in subsection (13)(1), subject to the following provisions:
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i. Lower Income Dwellings. For each additional 1 % increase above 10% in the
proportion of units affordable to lower income households, the density bonus shall be increased by
1.5% up to a maximum of 35% of the maximum allowable residential density for the site.
ii. Very Low Income Dwellings. For each additional 1% increase above 5% in the
proportion of units affordable to very low income households, the density bonus shall be increased
by 2.5% up to a maximum of 35% of the maximum allowable residential density for the site.
iii. Condominium and Planned Unit Developments. For each additional 1 %
increase above 10% in the proportion of units affordable to moderate income households in
condominium and planned unit developments, the density bonus shall be increased by 1 % up to a
maximum of 35% of the maximum allowable residential density for the site.
iv. Housing Accompanied by Land Donation. For each additional 1 % increase
above the minimum 10% land donation described in subsection (F), Density Bonuses for Housing
Developments Accompanied by Land Donation, the density bonus shall be increased by 1 %, up to
a maximum of 35% of the maximum allowable residential density for the site.
4. Applicant May Request Smaller Density Bonus. Notwithstanding the foregoing, the
City may award a smaller density bonus than specified in this section if the applicant so requests.
C. State Childcare Facility Density Bonus.
1. Density Bonus. When an applicant proposes to construct a housing development that
conforms to the requirements of subsection (13)(1), Density Bonus, and includes a childcare
facility other than a family day care home that will be located on the premises of, as part of, or
adjacent to, the project, the City shall grant either of the following:
a. Additional Density Bonus. A density bonus of additional residential units equal in
square footage to the amount of square feet of the childcare facility, or.
b. Additional Concession or Incentive. An additional concession or incentive that
contributes significantly to the economic feasibility of the construction of the childcare facility.
2. Conditions of Approval. The City shall require as a condition of approving the
housing development that the following occur:
a. Length of Operation. The childcare facility remains in operation for a period of
time that is as long as, or longer than the length of time during which subsection (E)(2) Duration
of Affordability of Rental Units, requires that the affordable housing units remain affordable.
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b. Attending Children. The percentage of children of very low, low or moderate
income households who attend the childcare facility shall be the same or greater than the
percentage of dwelling units in the project that are required for households at each income level,
pursuant to subsection (C)(1), Density Bonus.
3. Exceptions. The City shall not be required to provide a density bonus or concession
for a childcare facility if it finds that, based upon substantial evidence, the community has
adequate childcare facilities.
D. Affordable Housing Concessions and Incentives.
1. Number of Incentives or Concessions. In addition to a density bonus, an applicant is
entitled to receive incentives or concessions as follows:
a. One incentive or concession for projects that include at least 10% of the total units
for lower income households, at least 5% for very low income households, or at least 10% for
persons and families of moderate income in a condominium or planned development; or
b. One incentive or concession for senior citizen housing developments; or
c. Two incentives or concessions for projects that include at least 20% of the total
units for lower income households, at least 10% for very low income households, or at least 20%
for persons and families of moderate income in a condominium or planned development; or
d. Three incentives or concessions for projects that include at least 30% of the total
units for lower income households, at least 15% for very low income households, or at least 30%
for persons and families of moderate income in a condominium or planned development.
2. Proposal of Incentives and Findings. An applicant may propose specific incentives or
concessions that would contribute significantly to the economic feasibility of providing affordable
units pursuant to this chapter and State law. In addition to any increase in density to which an
applicant is entitled, the City shall grant one or more incentives or concessions that an applicant
requests, up to the maximum number of incentives and concessions required pursuant to
subsection (D)(1), unless the City makes a written finding that either:
a. The concession or incentive is not necessary in order to provide the proposed
targeted units, or
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b. The concession or incentive would have a specific adverse impact that can not be
feasibly mitigated on public health and safety or the physical environment or any property that is
listed in the California Register of Historical Resources.
3. Types of Affordable Housing Incentives. Affordable housing incentives may consist
of any combination of the items listed below. In addition to the incentives listed, the City may
allow for fast -track and priority processing for a project with affordable housing.
a. Modification of Development Standards. Up to 20% in modification of site
development standards or zoning code requirements that exceed minimum building code standards
and fire code standards, including, but not limited to:
i. Reduced minimum lot sizes and/or dimensions.
ii. Reduced minimum building setbacks and building separation requirements.
iii. Reduced minimum outdoor and/or private outdoor living area requirements.
iv. Increased maximum lot coverage.
v. Increased maximum building height.
b. Reduced Parking.
i. Upon the applicant's request, the City shall allow a reduction in required
parking, excluding handicapped parking. Notwithstanding the foregoing, the parking must satisfy
at least the following minimum ratios:
• One on -site space for 0 to 1 bedroom units;
• Two on -site spaces for 2 to 3 bedrooms; or
• Two and a half spaces for 4 or more bedrooms.
ii. If the total number of parking spaces required for a development is other than a
whole number, the number shall be rounded up to the next whole number.
iii. At the applicant's request, tandem parking may be counted toward meeting
these parking requirements.
c. Mixed Use Zoning. 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 such uses are compatible with the housing project and the surrounding area.
d. Other Incentives. Other regulatory incentives or concessions proposed by the
developer or the City that result in identifiable cost reductions or avoidance.
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4. Additional Affordable Housing Incentives. The City may allow for additional
affordable housing incentives to be granted on a case -by -case basis, when requested by an
applicant when more than 50% of the affordable housing units provided contain 3 or more
bedrooms to meet the needs of large families.
E. Administration.
1. Application and Review Process. A preliminary review of development projects
proposed pursuant to this section is encouraged to discuss and identify potential application issues,
including proposed modifications to development standards. The applicant shall request in the
application the incentives the applicant wishes to obtain. The application shall include financial
data showing how the incentives are necessary to make the affordable units feasible. Applications
shall be reviewed and processed according to the provisions of Chapter 17.58, Precise
Development Plans.
2. Duration of Affordability of Rental Units. All lower income and very low income
housing units shall be kept affordable for a minimum period of 30 years or a longer period of time
if required by the construction or mortgage financing assistance program, mortgage insurance
program, or rental subsidy program, consistent with State law.
3. Definition of Affordability. Those units targeted for lower income households as
defined in subsection B, State Affordable Housing Density Bonus, shall be affordable at a rent that
does not exceed 30% of 60% of the area median income. Units targeted for very low income
households shall be affordable at a rent that does not exceed 30% of 50% of area median income.
Units targeted for moderate income households shall be affordable at a rent that does not exceed
35% of 110% of area median income. Median income levels shall be the income limits for Los
Angeles County households as provided for in subsection (A)(3), Median Income Levels.
4. Affordable Housing Agreement Required. An Affordable Housing Agreement shall
be made a condition of the discretionary planning permits for all projects granted a density bonus
pursuant to this section. All affordable housing projects granted a density bonus pursuant to this
section shall be subject to the approval of an affordable housing agreement conforming to the
provisions of Title 7, Division 1, Chapter 4, Article 2.5 of the Government Code, which shall be
recorded as a covenant on the title to the parcel or parcels on which the affordable housing units
will be constructed. The terms of the Agreement shall be reviewed and revised as appropriate by
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the Director and City Attorney, who shall formulate a recommendation to the Planning
Commission for final approval. This Agreement shall include, but is not limited to, the following:
a. Number of Units. The total number of units approved for the projects, including the
number of affordable housing units.
b. Target Units. The location, unit sizes (in square feet) and number of bedrooms of
the affordable housing units.
c. Target Group. A description of the household income groups to be accommodated
by the project and a calculation of the Affordable Rent or Sales Price, or a commitment to provide
a Senior Citizen Housing Development.
d. Certification Procedures. The party responsible for certifying rents or sales prices of
inclusionary units, and the process that will be used to certify renters or purchasers of such units.
e. Schedule. A schedule for the completion and occupancy of the affordable housing
units.
f. Remedies for Breach. A description of the remedies for breach of the Agreement by
either parry.
g. Required Term of Affordability. For lower income and very low income units,
duration of affordability of the housing units, pursuant to subsection (E)(2), Duration of
Affordability of Rental Units. Provisions should also cover resale control and deed restrictions on
targeted housing units that are binding on property upon sale or transfer.
h. Expiration of Agreement. Provisions covering the expiration of the agreement,
including notice prior to conversion to market rate units and right of first refusal option for the
City and/or the distribution of accrued equity for for -sale units.
i. Other Provisions. Other provisions to ensure implementation and compliance with
this Chapter.
j . Condominium and Planned Unit Developments. In the case of condominium and
planned unit developments, the Affordable Housing Agreement shall provide for the following
conditions governing the initial sale and initial resale and use of affordable housing units:
i. Target Units shall, upon initial sale, be sold to eligible Very Low, Lower, or
Moderate Income Households at an Affordable Sales Price and Housing Cost, or to Qualified
Residents as defined by this Chapter.
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ii. Target Units shall be initially owner -occupied by eligible Very Low, Lower, or
Moderate Income Households.
iii. Upon resale, the seller of a Target Unit shall retain the value of any
improvements, the down payment, and the seller's proportionate share of appreciation. The City
shall recapture its proportionate share of appreciation, which shall be used to promote home
ownership opportunities as provided for in Health and Safety Code Section 33334.2. The City's
proportionate share shall be equal to the percentage by which the initial sale price to the targeted
household was less than the fair market value of the dwelling unit at the time of initial sale.
k. Rental Housing Developments. In the case of rental housing developments, the
Affordable Housing Agreement shall provide for the following conditions governing the use of
Target Units during the use restriction period:
i. The rules and procedures for qualifying tenants, establishing affordable rent
rates, filling vacancies, and maintaining Target Units for qualified tenants.
ii. Provisions requiring owners to verify tenant incomes and maintain books and
records to demonstrate compliance with this Chapter.
iii. Provisions requiring owners to submit an annual report to the City, which
includes the name, address, and income of each person occupying Target Units, and which
identifies the bedroom size and monthly rent or cost of each Target Unit.
5. Notice of Conversions. Notice of conversions of affordable units to market -rate units
shall be provided pursuant to the following requirements:
a. General. At least a one year notice shall be required prior to the conversion of any
rental units for affordable households to market -rate.
b. Required Notice. Notice shall be given to the following:
i. The City;
ii. The State Housing and Community Development Department (HCD);
iii. The Los Angeles County Housing Authority;
iv. The residents of the affordable housing units proposed to be converted; and
v. Any other person deemed appropriate by the City.
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6. Conversion of Affordable Rental Units. If an owner of a housing development issues
a notice -of -intent to convert affordable housing rental units to market -rate housing, the City shall
consider taking one or more of the following actions:
a. Meet with the owner to determine the owner's financial objectives;
b. Determine whether financial assistance to the current owner will maintain the
affordability of the rental housing development or whether acquisition by another owner dedicated
to maintaining the affordability of the development would be feasible; and
c. If necessary to maintain the affordability of the housing unit or facilitate sale of the
rental development, consider the use of redevelopment housing set -aside funds or assistance in
accessing state or federal funding.
F. Density Bonuses for Housing Developments Accompanied by Land Donation.
The City shall grant a density bonus pursuant to subsection B, State Affordable Housing
Density Bonus, to a housing development if the applicant agrees to donate land to the City and the
applicant satisfies all of the following requirements:
1. The applicant donates and transfers the land no later than the date of approval of the
final subdivision map, parcel map, or residential development application;
2. The developable acreage and zoning classification of the land being transferred are
sufficient to permit construction of units affordable to very low income households in an amount
not less than 10 % of the number of residential units of the proposed development;
3. The transferred land is at least 1 acre in size or of sufficient size to permit development
of at least 40 units, has the appropriate general plan designation, is appropriately zoned for
development as affordable housing, and is or will be served by adequate public facilities and
infrastructure, as determined by the Director;
4. The transferred land has appropriate zoning and development standards to make the
development of the affordable units feasible, as determined by the Director;
5. Prior to the date of approval of the final subdivision map, parcel map, or of the
residential development, the transferred land has all of the permits and approvals, other than
building permits, necessary for the development of the very low income housing units on the
transferred land, except that the City may subject the proposed development to subsequent design
review if the design is not reviewed by the City prior to the time of transfer;
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6. The transferred land and the affordable units shall be subject to a deed restriction
ensuring continued affordability of the units meeting the requirements of an affordable housing
agreement as set forth in subsection (E)(4), Affordable Housing Agreement Required;
7. The land is transferred to the City or to a housing developer approved by the City. The
City may require the applicant to identify and transfer the land to the developer; and
8. The transferred land is within the boundary of the proposed development or, if the City
agrees, within one -quarter mile of the boundary of the proposed development.
SECTION 10. Section 17.42.160 is added to Chapter 17.42 of Title 17 to read as follows:
17.42.160 Lot Consolidation Incentives for Affordable Multi -Family Development.
A. Multi -family residential developments proposed on lots zoned R-3 or allowing an
equivalent or higher density meeting the minimum requirements for a density bonus pursuant to
Section 17.42.100 shall be granted an additional density bonus as an incentive to acquire and
combine two or more parcels into a single building site according to the following formula:
Combined Parcel Size Base Density Increase
Less than 0.50 acre No increase
0.50 acre to 0.99 acre 5% increase
1.00 acre or more 10% increase
This lot consolidation bonus incentive shall be calculated prior to determining any density bonus
pursuant to Section 17.42.100. Such projects shall be restricted in compliance with Section
17.42.100(E).
B. Multi -family residential developments with less than five units or a senior citizen housing
development of less than 35 units on lots zoned R-3 or allowing an equivalent or higher density
that otherwise meet the minimum requirements for a density bonus pursuant to Section 17.42.100
shall be granted reduced parking and lot development standards in Section 17.42.100(D)(3) as an
incentive to acquire and combine two or more parcels into a single building site. Such projects
shall be restricted in compliance with Section 17.42.100(E).
C. Applications for lot consolidations pursuant to this section processed concurrently with
other land use entitlements shall be granted expedited processing of planning and building
entitlements and no additional fee shall be charged for such expedited processing.
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SECTION 11. Subsection E is added to Section 17.44.020 of Chapter 17.44 of Title 17 to
read as follows:
17.44.020 Off-street parking --Residential uses.
E. Supportive or transitional housing, Same as one -family dwelling.
medical or residential care facilities,
group homes: Limited to 6 persons
SECTION 12. Section 17.44.230 is added to Chapter 17.44 of Title 17 to read as follows:
17.44.230 Parking for Reduced Parking Demand Housing.
A. When requested by the applicant, multi -family residential developments providing
housing affordable to lower -income households, senior housing, and housing for disabled persons
shall provide off-street parking according to the following formula:
Use Off -Street Parking Spaces
Family housing (restricted to lower -income households)
Studio 0.5 per unit
1-bedroom 1 per unit
2 or 3 bedrooms 2 per unit
4 or more bedrooms 3 per unit
Guest spaces 1 per 5 units
Staff member spaces 1 per 20 units
Senior housing or housing for disabled persons
Studio 0.5 per unit
1 or 2 bedrooms 1 per unit
Guest spaces 1 per 5 units
Staff member spaces 1 per 20 units (senior housing)
1 per 10 units (housing for disabled persons)
Single Room Occunancv (SRO) facility (restricted to lower -income persons
Studio 0.5
1-bedroom 1 per unit
Guest spaces 1 per 5 units
Staff (when applicable) 1 per 20 units
B. The number of accessible parking spaces provided in accordance with Title 24 of the
California Code of Regulations (California Building Standards Code) for Housing for Senior
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Citizens and housing for disabled persons shall be the number of spaces required in accordance 1
with the basic parking ratio for multiple dwelling units.
C. All required parking shall be provided in non -tandem parking spaces.
D. Lower income housing: All units are rental units reserved for a period of at least 55 years
for rental units restricted to lower -income households where affordable monthly rents shall not
exceed 30% of 60% of annual median County household income divided by 12, and adjusted for
household/unit size. SRO units shall be treated as one -bedroom units for the purposes of
determining affordability. These restrictions shall be set forth in a written agreement between the
property owner, and the City, the Housing Authority of the City Los Angeles or another housing
provider approved by the City. These agreements shall specify: a) the maximum rents based on the
same formula which established initial rent levels as a condition of City approval, or other formula
approved by the City; b) the term for which rental units must remain affordable; and c) terms
under which affordability is maintained after sale or transfer of the property.
E. Housing for seniors or disabled persons: Applies to housing specifically restricted to,
designed for and occupied by seniors or by disabled persons with limitations that affect the ability
to drive.
SECTION 13. Section 17.58.010 of Chapter 17.58 of Title 17 is amended to read as
follows:
17.58.010 Purpose and intent.
The purpose and intent of requiring precise development plan review for development projects
is to achieve a reasonable level of quality, compatibility, in harmony with the community's social,
economic and environmental objectives, and to protect existing and potential developments, and
uses on adjacent and surrounding property. Projects that qualify for a density bonus pursuant to
Section 17.42.100 or are comprised entirely of residential units restricted to be affordable to
moderate- or lower -income households shall be subject to a non -discretionary precise development
plan focusing on physical design and ensuring conformance with objective development standards,
rather than examining the appropriateness of the use itself; said precise development plan process
is not a `project' and is not subject to the California Environmental Quality Act (CEQA).
SECTION 14. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption (on August 9, 2013).
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SECTION 15. Pursuant to California Government Code § 36933 (c) (1), a summary of
this Ordinance was prepared by the City Attorney and, five days before the Ordinance was
adopted, was published in the Easy Reader, a weekly newspaper of general circulation, published
and circulated in the City of Hermosa Beach. Prior to the expiration of fifteen (15) days after the
date of its adoption, the City Clerk shall cause the summary of this Ordinance to be re -published in
the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City
of Hermosa Beach in the manner provided by law.
SECTION 16. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 9th of July, 2013 by the following vote:
.. y
ATTEST;
City Clerk
AYES:
DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
NOES:
None
ABSENT:
None
ABSTAIN:
None
of the City Council and MAYOR of the City of Hermosa Beach, California
APPROVED AS
City Attorney
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FORM:
13-1342
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 13-1342 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 9th day of July, 2013. A
summary of said Ordinance was published in the Easy Reader newspaper on July 4, 2013
(five days before adoption) and will be re -published in the Easy Reader newspaper on
July 18, 2013 (within fifteen days after adoption).
The vote was as follows:
AYES: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
NOES: None
ABSENT: None
ABSTAIN: None
DATED: July 9, 2013
City Clerk