HomeMy WebLinkAboutPC Resolution 13-10 - (TA Housing Element 2008-14)1
P.C. RESOLUTION NO. 13-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HERMOSA BEACH RECOMMENDING THE CITY
COUNCIL APPROVE AN AMENDMENT TO THE MUNICIPAL
CODE TO IMPLEMENT CERTAIN HOUSING PROGRAMS IN
THE 2008-2014 HOUSING ELEMENT OF THE HERMOSA
BEACH GENERAL PLAN.
The Planning Commission hereby resolves and orders as follows:
SECTION 1. On May 22, 2013, the Planning Commission held a public hearing,
following a preliminary briefing on April 16, 2013 regarding a text amendment to
implement Housing Programs 1, 7 and 9 in the 2008-2014 Housing Element (TEXT 13-
1), which time testimony and evidence, both oral and written, was presented to and
considered by the Planning Commission.
SECTION 2. In accordance with Hermosa Beach Municipal Code Section
17.66.060, the Planning Commission finds the zone text amendment which proposes in
part to amend the zoning code will implement the Hermosa Beach General Plan, comply
with Municipal Code with State law concerning housing for special need groups and
facilitate activities to meet the housing needs of the City in a manner that protects the
public health, safety and welfare.
SECTION 3. The project is Categorically Exempt from the California
Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) because
the proposed amendments allowing transitional and supportive housing, group homes and
residential care facilities will not increase density and such uses have been deemed to
have impacts no greater than for single family uses per state law, small emergency
shelters and SROs projects will not be more intensive than impacts of small commercial
uses or residential uses that are exempt from CEQA, the allowance for housing of
smaller unit or dwelling sizes would reduce environmental impacts, allowing small
second units in the R-1 zone is exempt from state law, provisions allowing a reduction in
parking requirements is limited to uses demonstrated to have a lower parking demands,
and the density bonus provisions are exempt from CEQA.
SECTION 4. The Planning Commission has evaluated Programs 7h and 8 and
recommends retaining the existing regulations as follows:
A. Regarding Program 8, Non-Conforming Residential Uses, the existing
regulations should be retained due to difficulty in administering and enforcing restrictions
ensuring that such residential units would contribute to the supply of affordable rental
housing because the City does not administer any housing programs that restrict unit
affordability and relaxing the legal nonconforming standards is not an efficient way to
permit, supply, monitor or enforce affordability as a way to increase the supply of
affordable rental housing; the tradeoff of resource commitment to effectively monitor and
enforce affordability requirements would not outweigh the adverse impacts of legally
permitting increased density and parking demand given the City’s high residential
densities and lack of parking supply; and ability to provide household members such as
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students, disabled persons, or caregivers with affordable housing opportunities is not
compromised by disallowing the granting of legal nonconforming status to small housing
accommodations with separate kitchen facilities because the Municipal Code allows
flexibility in the definition of family, provides reasonable accommodation provisions, and
does not restrict the number of bedrooms and bathrooms.
B. Regarding Program 7h Minimum Unit Size the Commission finds that the
minimum unit sizes in Sections 15.04.060 and 17.22.060 are not an impediment to the
production of housing for lower-income persons and persons with special needs, but
rather land costs pose a significant impediment.
SECTION 5. Based on the foregoing, the Planning Commission of the City of
Hermosa Beach hereby recommends City Council approval of a text amendment to
implement certain programs in the 2008-2014 General Plan Housing Element as follows:
A. 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.
“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
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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.
B. 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 zone:
A. Single-family dwelling, including mobilehomes.
1. An administrative conditional use permit may be granted for a second unit on
lots of at least eight thousand (8,000) square feet, intended for sole occupancy by one or
two adults who are sixty (60) years of age or older, and provided the gross floor space of
the dwelling unit is limited to would be a maximum of six hundred forty (640) square
feet, and that the existing residence meets R-1 parking requirements, and that a deed
restriction be placed on the unit limiting its occupancy to one or two individuals of at
least sixty (60) years of age, and that 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.
* Ordinance No. 92-1081, § 2, adopted January 14, 1993 establishes that this subsection
shall only be effective if a court of competent jurisdiction invalidates subsection K of this
section,
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.
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* Ordinance No. 92-1081, § 2, adopted January 14, 1993 establishes that this subsection
shall only be effective if a court of competent jurisdiction invalidates subsection K of this
section.
C. 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. Group houses; Single Room Occupancy Facilities (maximum six units). (Refer to
Section 17.40.090 for additional requirements);
D. 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
Facilit y (more than six units)
U 17.42.090
E. 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.
F. 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.
G. Section 17.40.240 is added to Chapter 17.40 of Title 17 to read as follows:
17.40.240 Emergency Shelters.
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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 per each 10 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 pm and 8:00 am. The facility may
remain open 24 hours a day 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
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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. 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.
H. Section 17.42.090 of Chapter 17.42 of Title 17 is amended to read as
follows:
17.42. 090 Limitation on occupancy by unrelated persons.
Regardless of the zone therein, the number of unrelated persons who may occupy any
premises shall not exceed the following limitations:
A. Single-Family and Two-Family Premises. Regardless of the number of rooms and
sleeping rooms, not more than three unrelated persons per dwelling unit.
B. Multifamily Premises (Three or More Units). For the number of bedrooms or
sleeping rooms indicated per unit, not more than the number of unrelated persons
indicated per unit:
Number of Bedrooms Limit (persons)
Efficiency (no full bedroom)
(licensed motels excluded on nightly occupancy basis) 1
One 2
Two 3
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Three or more 4
17.40.090 Single Room Occupancy.
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.
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 ba throom 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.
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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.
I. Section 17.42.100 of Chapter 17.42 of Title 17 is amended to read as
follows:
Section 17.42.100 Residential density bonuses Affordable Housing Density Bonus
and Incentive Program.
As required by California Government Code Section 65915, a project of five or more
units shall be allowed a density increase of twenty-five percent above the maximum
permitted density in the zone if the project complies with one or more of the following
criteria:
A. At least twenty percent of the total units in the project, excluding the density bonus,
are restricted to rental or purchase by persons and families of lower income as defined in
California Health & Safety Code Section 50105; or
B. At least ten percent of the total units in the project, excluding the density bonus, are
restricted to rental or purchase by very low income households, as defined in California
Health & Safety Code Section 50105; or
C. At least fifty percent of the total units in the project, excluding the density bonus, are
restricted to persons 62 years of age or older, or 55 years of age or older in a senior
citizen housing development; or
D. At least twenty percent of the total dwelling units in a condominium project, excluding
the density bonus, are restricted to persons and families of moderate income, as defined
in California Health & Safety Code Section 50093; or
E. At least thirty-three percent of the total units, excluding the density bonus, of a
condominium project which is a conversion from existing apartments, are restricted to the
purchase by persons and families of low or moderate income as defined in California
Health & Safety Code Section 50093; or
F. At least fifteen percent of the total units, excluding the density bonus, of a
condominium project that is a conversion from existing apartments, are restricted to
purchase by lower income households as defined in California Health & Safety Code
Section 50079.5.
In addition, at least one of the additional concession or incentive set forth in Government
Code Section 65915(j) shall be offered for projects supplying low or moderate income
housing utilizing a 25 percent density bonus, unless the decision making body finds in
writing that the additional concession or incentive is not required in order to provide for
affordable housing costs as defined in Health & Safety Code Section 50052.5, or for rents
for the targeted units to be set as specified in Government Code Section 65915 (c).
Alternatively, in lieu of the above, the City may offer other incentives or concessions of
equivalent financial value based upon the land cost per dwelling unit.
A. General Provisions.
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.
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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 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.
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2. Applicability. The provisions of subsection (B)(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 (B)(1) if the
percentage of affordable housing exceeds the percentages specified in subsection (B)(1),
subject to the following provisions:
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 (B)(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
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(E)(2) Duration of Affordability of Rental Units, requires that the affordable housing
units remain affordable.
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
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.
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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.
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
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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 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 party.
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.
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:
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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.
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
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development to subsequent design review if the design is not reviewed by the City prior
to the time of transfer;
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.
J. 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.
K. 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.
Supportive or transitional housing,
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E medical or residential care facilities; Same as one-family dwelling
group homes: Limited to 6 persons
L. 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)
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 Citizens and housing for disabled persons shall be the number of spaces required
in accordance 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
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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.
M. 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).
N. Subsection C of Section 17.58.030 of Chapter 17.58 of Title 17 is amended
to read as follows:
C. Criteria for Denial.
1. The proposed development would substantially depreciate property values in
the vicinity or interfere with the use or enjoyment of property in such area, because of
excessive dissimilarity or inappropriateness of design in relation to the surrounding
vicinity, and there are no known conditions of approval which can be imposed that could
resolve such problems;
2. The proposed development would have significant environmental adverse
impacts which are not mitigable, and where the finding of overriding considerations
cannot be made.
3. When the proposed development a qualifies for a density bonus pursuant to
Section 17.42.100 or is comprised entirely of residential units restricted to be affordable
to moderate- and/or lower-income households, the Commission shall only consider
physical design and conformance with objective development standards, rather than
examining the appropriateness of the use itself.
VOTE: AYES: Comms.Allen,Flaherty,Hoffman,Perrotti,Chmn.Pizer
NOES: None
ABSTAIN: None
ABSENT: None