Bellflower City Zoning Code
CHAPTER 17
41 DENSITY BONUS
§ 17.41.010 Purpose and Intent.
This chapter establishes procedures for implementing density bonus requirements set forth in Government Code Sections 65915, et seq., as may be amended from time to time (the "Density Bonus Act").
(Ord. 1443, 4/28/2025)
§ 17.41.020 Procedure.
A.
In addition to any other requirement, applications for a density bonus must be filed on a form approved by the Director. An application must be filed concurrently with any other land use application required by this code. At the time the application is submitted, the applicant must pay all application fees established by City Council resolution.
B.
The Director will process the Density Bonus Act application in the same manner as all applications required by this code.
C.
Applications filed pursuant to this chapter must include reasonable documentation to establish eligibility under the Density Bonus Act.
(Ord. 1443, 4/28/2025)
§ 17.41.030 Definitions.
Terms and phrases used in this chapter have the same meaning as defined by the Density Bonus Act. Undefined words and phrases and have the same meaning as set forth in this code.
(Ord. 1443, 4/28/2025)
§ 17.41.040 Bonuses and Incentives.
A.
Housing developments qualifying under the Density Bonus Act may receive a bonus or concession pursuant to this chapter.
B.
Where the density allowed under this code is inconsistent with the density allowed under the land use element of the General Plan, the maximum density allowed controls.
C.
Before the Building Official issues a building permit, an applicant receiving bonuses or concessions under this chapter must execute and record an agreement, in a form approved by the City Attorney, securing the continued affordability of all dwelling units in accordance with the Density Bonus Act and this chapter.
D.
All dwelling units benefitting from the bonuses or concessions under this chapter must be concurrently built in the same manner as market rates. All affordable units must be integrated and reasonably distributed throughout the approved project with the market rate units to ensure a reasonable mix of affordable and market rate units.
E.
Density Calculation. The area of any land required to be dedicated for street or alley purposes may be included as lot area for purposes of calculating the maximum density permitted by the underlying zone in which the project is located.
(Ord. 1443, 4/28/2025)
§ 17.41.050 Amenities.
Residents of affordable units may not be charged for amenities not charged to other residents including, without limitation, access to recreational facilities, parking, cable television, and interior amenities like dishwashers and microwave ovens. Optional services for all residents must be the same. Tenants of affordable units may not be required to purchase additional services.
(Ord. 1443, 4/28/2025)
§ 17.41.060 Menu of Incentives.
Applicants with projects qualifying for incentives may request one or more of the following incentives; the number of incentives being requested must be consistent to the Density Bonus Act unless otherwise authorized by the approving body:
A.
Yard/Setback. Up to a 20% decrease in the required width or depth of any individual yard or setback, except along any property line that abuts an R-1 or more restrictively zoned property. A landscaping plan must be submitted to the Director for approval.
B.
Lot Width. Up to a 20% decrease from a lot width requirement. A landscaping plan must be submitted to the Director for approval.
C.
Floor Area Ratio.
1.
A percentage increase in the allowable floor area ratio equal to the percentage of density bonus for which the project is eligible, not to exceed 35%; or
2.
In lieu of the otherwise applicable floor area ratio, a floor area ratio not to exceed those identified in the adopted General Plan Housing Element governing the project site.
D.
Height. A percentage increase in the height requirement in feet equal to the percentage of density bonus for which the project is eligible. This percentage increase in height is applicable over the entire parcel regardless of the number of underlying height limits. For purposes of this subsection, height limits contained in this title and adopted specific plans do not apply.
1.
In any zone in which the height or number of stories is limited, this height increase will permit a maximum of 11 additional feet or one additional story, whichever is lower, to provide the affordable units.
2.
No additional height can be permitted for that portion of a building in a project that is located within 50 feet of a lot classified in an R-1 or more restrictive zone.
3.
No additional height is permitted for that portion of a building in a project that is located within 15 feet of a lot classified in the R-1 or more restrictive zone.
4.
For each foot of additional height, the building must be set back one horizontal foot.
5.
No additional height can be permitted for any portion of a building in a project located on a lot sharing a common lot line with or across an alley from a lot classified in an R-1 or more restrictive zone. This prohibition does not apply if the lot on which the project is located is within 1,500 feet of a transit stop but no additional height can be permitted for that portion of a building in the project that is located within 50 feet of a lot classified in an R-1 or more restrictive residential zone.
E.
Open Space. Up to a 20% decrease from an open space requirement. A landscaping plan must be submitted to the Director for approval.
(Ord. 1443, 4/28/2025)
§ 17.41.070 Request for Incentives.
A.
For projects qualifying under the Density Bonus Act for which ministerial approvals are required, the following procedures apply:
B.
Action. The city will approve a density bonus and requested incentive(s) unless the Director makes one or more of the written findings provided for under Government Code Section 65915(d)(1).
C.
Written Decision. The Director must transmit a written decision by first class mail to the applicant.
(Ord. 1443, 4/28/2025)