Inglewood City Zoning Code
ARTICLE 33
AFFORDABLE HOUSING INCENTIVE REGULATIONS
§ 12-128 Objective.
To establish procedures for the implementation of State Density Bonus Law and to encourage the development of affordable owner-occupied and rental housing, consistent with City policies.
(Ord. 14-02 2-25-14)
§ 12-129 General Provisions.
A.
The City will grant one density bonus and other incentives as described in Sections 12-130 and 12-132, respectively, when an applicant agrees to construct a housing development that contains at least any one of the following:
1.
Five percent of the total units for very low-income households;
2.
Ten percent of the total units for low-income households;
3.
A senior citizen housing development; or
4.
Ten percent of the total dwelling units in a common interest development for persons and families of moderate income; provided, that all units in the housing development are offered to the public for purchase.
B.
A written request for a density bonus and other incentives shall be made at the time of filing the housing development application and shall be processed as a part of the underlying application. The request shall identify the specific density bonus and incentives requested. Approval of this request shall be processed as a part of the same procedure as the underlying application.
C.
The bonus units shall not be included in calculating the percentage of units for subsection A of this Section.
D.
The City may grant a greater density bonus and additional incentives than that provided for herein for projects that exceed 35% affordable, or from providing a lesser density bonus and fewer incentives than that provided for herein, when the housing development does not meet the minimum thresholds.
(Ord. 14-02 2-25-14)
§ 12-130 Density Bonus.
A.
An applicant shall be entitled to a density bonus as follows:
Type of Housing Unit | Amount of Units Required for Bonus | Density Bonus Provided to Developer | Additional Density Bonus that May Be Available to Developer |
|---|---|---|---|
Very low income | 5% | 20% | 2.5% bonus for every 1% above 5% (maximum bonus of 35%) |
Lower income | 10% | 20% | 1.5% bonus for every 1% above 10% (maximum bonus of 35%) |
Senior housing development | Minimum of 35 units | 20% | None available |
Moderate income common interest development | 10% | 5% | 1% bonus for every 1% above 10% (maximum bonus of 35%) |
B.
When an applicant for the conversion of market rate apartments to condominiums provides at least 33% of the units to lower or moderate income persons and families or 15% to lower income households and agrees to pay for the reasonably necessary administrative costs incurred by the City for the life of the affordable housing agreement, the City shall grant a 25% density bonus or provide other incentives of equivalent financial value. The converted affordable condominiums will be subject to the same affordability requirements as specified for a new moderate-income common interest development under Section 12-131(D) and shall be subject to the following:
C.
If an applicant for a tentative subdivision map, parcel map, or other residential development donates land to the City in accordance with Government Code 65915 et seq., the applicant shall be entitled to a density bonus as follows:
D.
If an applicant for a housing development that satisfies one of the criteria of subsection A of this Section also proposes to construct a child day care facility and meets the requirements of Government Code 65915 et seq., for a child day care facility, the applicant shall be entitled to an additional incentive or an increase in the lot size equivalent to the size of the child day care facility, for purposes of calculating the permitted density before any density bonus.
E.
All density bonus and restricted unit calculations resulting in fractional units shall be rounded up to the next whole number pursuant to Government Code 65915 et seq.
F.
Affordable units developed in conjunction with a market rate development shall be of equal design and quality as the market rate units. Exteriors and floor plans of the affordable units shall be similar to the market rate units. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the Building Official.
(Ord. 14-02 2-25-14)
§ 12-131 Affordability.
A.
An applicant shall enter into an affordable housing agreement to be recorded against the property with the City to ensure continued affordability of all low- and very low-income units that qualified the applicant for the award of the density bonus for at least thirty years.
B.
Rents for low- and very low-income density bonus units shall be set at an affordable rent as defined by Section 50053 of the California Health and Safety Code.
C.
Owner-occupied units shall be available at an affordable housing cost as defined by Section 50052.5 of the California Health and Safety Code.
D.
The initial occupant of a moderate-income unit in a common interest development shall be persons and families of moderate income and the units must be offered at an affordable housing cost. The following provisions shall be required in an equity sharing agreement:
1.
Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy and its proportionate share of appreciation, which amount shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2 that promote home ownership.
2.
The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If the market value is lower than the initial market value upon resale, then the value at the time of resale shall be used as the initial market value.
3.
The City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the home at the time of initial sale.
(Ord. 14-02 2-25-14)
§ 12-132 Other Incentives.
A.
The application shall be eligible for incentives; i.e., development standard reductions or waivers, based on the affordability level and share of affordable units as follows:
Affordability Level | 1 Incentive | 2 Incentives | 3 Incentives |
|---|---|---|---|
Very low-income | 5% of units | 10% | 15% |
Low-income | 10% | 20% | 30% |
Moderate income common interest development | 10% | 20% | 30% |
One of above plus child day care facility | One additional incentive (Section 12-130D) | N/A | N/A |
B.
An applicant may choose from the following menu of incentives and may choose the same incentive more than once if eligible for multiple incentives, subject to the maximums specified below:
1.
Increase allowable height by 5% with a maximum 15% increase allowed and no restriction on number of stories.
2.
Reduce required private open space area to sixty square feet per unit.
3.
Reduce required side yard setback by 10% with a maximum 30% decrease allowed (minimum three-foot side yard required or other minimum specified by zone).
4.
Reduce required rear yard setback by 10% with a maximum 30% decrease allowed (minimum five-foot rear yard required).
5.
Allow ancillary mixed-use zoning on a residentially zoned site (commercial must be compatible with surroundings).
6.
Allow tandem parking for parking spaces assigned to specific dwelling units.
7.
Reduce parking requirement.
8.
Other incentives specified by Government Code 65915 et seq.
9.
Other incentives proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions.
C.
The City shall grant the incentives requested unless the City makes a written finding, based on substantial evidence, that:
1.
The incentive is not required in order to provide for affordable housing costs or for rents for the affordable units.
2.
The incentive would have a specific adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid specific adverse impact without rendering the development unaffordable to lower- and moderate-income households.
3.
The incentive would be contrary to state or Federal law.
(Ord. 14-02 2-25-14)