This chapter is intended to provide incentives for the production of housing for very low-, low-, and moderate-income households in accordance with Sections 65915 through 65918 of the California Government Code. In enacting this chapter, it is the intent of the city of Irwindale to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the city's housing element.

(Ord. No. 669, § 2, 5-22-13)

For the purposes of this chapter, the following words, terms, and phrases shall have the meanings indicated this section.

"Affordable rent" means monthly payments and housing expenses, including a reasonable allowance for utilities, for rental target units reserved for extremely low-, very low-, and low-income households, as defined by Section 50053 of the California Health and Safety Code, not exceeding the calculations below. In the event a project receives state and/or federal funding, the affordable rents under those funding sources may apply.

1.

Extremely Low-Income. Less than thirty percent of the area median income for Los Angeles County, adjusted for household size, multiplied by thirty percent and divided by twelve.

2.

Very Low-Income. Less than fifty percent of the area median income for Los Angeles County, adjusted for household size, multiplied by thirty percent and divided by twelve.

3.

Low-Income. Fifty to eighty percent of the area median income for Los Angeles County, adjusted for household size, multiplied by thirty percent and divided by twelve.

"Affordable sales price" means an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code at which moderate-income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for the development.

"Child care facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers.

"Density bonus" means a density increase over the otherwise maximum residential density as of the date of application by the application or developer to the city.

"Density bonus housing agreement" means a legally binding agreement in form and substance satisfactory to the city, between an applicant and/or developer and the city that complies with the requirements of this chapter and ensures that the restrictions required by this chapter are satisfied. The agreement, among other things, shall establish the minimum number of required target units, their size, location, terms and conditions of affordability, and production schedule. Refer to Section 17.15.090 (density bonus housing agreement) of this chapter.

"Density bonus units" means those residential units granted pursuant to the provisions of this chapter which exceed the otherwise maximum residential density for the development site.

"Development incentives" means such regulatory concessions as specified in California Government Code subsections 65915(d) and (h) to include, but not be limited to, the reduction of site development standards or zoning code requirements, direct financial assistance, approval of mixed-use zoning in conjunction with the housing development, or any other regulatory incentive which would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus. Refer to Section 17.15.050 (development incentives) of this chapter.

"Equivalent financial incentive" means a monetary contribution, based upon a land cost per dwelling unit value, equal to a development incentive.

"Housing cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: Principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities.

"Housing development" means projects consisting of five or more residential units, including single-family, multiple-family, and mobile homes for sale or rent, pursuant to this chapter and as defined in California Government Code Section 65915(i).

"Maximum residential density" means the maximum number of residential units permitted by the city's general plan community development element and zoning ordinance, whichever is greater, at the time of application, excluding the provisions of this chapter.

"Non-restricted units" means residential units that do not have a restricted rent limit.

"Senior citizen housing development" means a housing development for senior citizens as defined in Sections 51.3 and 51.12 of the California Civil Code or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code.

"Target unit(s)" means a dwelling unit within a housing development which will be reserved for sale or rent to an extremely low-, very low-, low-, or moderate-income household.

(Ord. No. 669, § 2, 5-22-13)

A.

Density Bonus. The city shall grant a density bonus and reduced parking ratios, development incentive(s), or an equivalent financial incentive, as set forth in Section 17.15.050 (development incentives) of this chapter, to an applicant or developer of a housing development, who agrees to provide the following requirements of this section, unless written findings are made in accordance with the provisions of Section 17.15.100 (findings):

1.

At least one of the target units in the housing development is affordable to an extremely low-income household and/or restricted to senior citizens as defined in Sections 51.3 and 51.12 of the California Civil Code;

2.

A minimum of five percent of the total units of the housing development as target units affordable to very low-income households;

3.

A minimum of ten percent of the total units of the housing development as target units affordable to low-income households;

4.

A minimum of ten percent of the total units of a condominium or planning unit development (PUD) housing development as target units affordable to moderate-income households, provided that each unit within the housing development is offered to the public for purchase; or

5.

A senior citizen housing development or mobile-home park that limits residency based on age requirements for housing for older persons.

B.

Density Bonus Calculations. An applicant or developer requesting a density bonus shall calculate the maximum density bonus for the housing development using Tables 1, 2, or 3, according to the number and type of affordable units proposed. If the housing development includes an extremely low-income unit pursuant to Section 17.15.030(A), the housing development shall receive a twenty percent density bonus. An applicant or developer may elect to accept a lesser percentage of density bonus. When calculating the number of permitted density bonus units, any fractions of units shall be rounded to the next whole number.

Table 1:
Very Low-Income Density Bonus

Table 2:
Low-Income Density Bonus

Table 3:
Moderate-Income Density Bonus

(Ord. No. 669, § 2, 5-22-13)

A.

Development Requirements. Target units shall be constructed concurrently with non-restricted units, unless both the city and the developer and/or applicant agree within the density bonus housing agreement to an alternative schedule for development.

B.

Affordability Length. Target units shall remain restricted and affordable to the designated group for a minimum period of thirty years.

C.

Location of Target Units. Target units should be dispersed throughout the housing development.

D.

Density Bonus Housing Agreement. A density bonus housing agreement shall be required for a housing development pursuant to this chapter. Following agreement by all parties, the completed agreement shall be recorded as a restriction on the parcel or parcels on which the target units will be constructed. The agreement shall be binding on the developer of the housing development and all future owners and successors in interest. The agreement shall be consistent with Section 17.15.090 (density bonus housing agreement) of this chapter.

(Ord. No. 669, § 2, 5-22-13)

A.

Density Bonus. A housing development that meets the requirements for a density bonus as specified in Section 17.15.030(A) (density bonus) shall at a minimum be granted the number of development incentives identified in Table 4 (number of incentives by level of affordability). A housing development that includes a child care facility that meets the requirements specified in Section 17.15.070 (child care facility) shall be granted one additional development incentive.

Table 4:
Number of Incentives by Affordability

¹ An additional incentive may be granted if the housing development includes a child care facility.

² In a condominium or planned unit development.

B.

Development Incentives. Development incentives may include, but are not limited to, any of the following:

1.

A reduction of site development standards or a modification of zoning code requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code. These may include, but are not limited to, one or more of the following:

a.

Reduced minimum lot sizes and/or dimensions.

b.

Reduced minimum lot setbacks.

c.

Reduced minimum outdoor and/or private outdoor living area.

d.

Increased maximum lot coverage.

e.

Increased maximum building height and/or stories.

f.

Reduced minimum building separation requirements.

g.

Reduced street standards e.g. reduced minimum street widths.

2.

Other regulatory incentives proposed by the housing developer or the city which results in identifiable cost reductions or avoidance.

3.

Direct financial assistance (i.e. housing authority funds) in the form of a loan or a grant to subsidize or provide low interest financing for on- or off-site improvements, land, or construction costs.

C.

Equivalent Financial Incentive. The city may offer an equivalent financial incentive in lieu of granting a development incentive. The value of the equivalent financial incentive shall be equal to at least the land cost per dwelling unit savings that would result from a density bonus and must contribute significantly to the economic feasibility of providing the target units pursuant to this chapter.

D.

Approval. The city shall grant the number of development incentives as indicated in Table 4, unless written findings are made in accordance with Section 17.15.100 (findings). The allocation of additional development incentives shall be determined on a case-by-case basis.

(Ord. No. 669, § 2, 5-22-13)

A.

Applicable Density Bonus Parking Ratios. A housing development that meets the criteria for a Density Bonus, at the applicant's or developer's request, may utilize density bonus parking ratios as shown in Table 5. These parking ratios include handicapped and guest parking. The parking ratios offered in this section shall not count as one of the development incentives a housing development is entitled to.

Table 5:
Density Bonus Parking Ratios

B.

Tandem or Uncovered Parking. A housing development may provide on-site parking through tandem or uncovered parking, but not through parking on public streets or alleys.

(Ord. No. 669, § 2, 5-22-13)

A.

Approval. When a housing development conforms to the requirements of Section 17.15.030(A) and includes a child care facility that will be located on the premises of, as part of, or adjacent to the housing development, the city shall grant either of the following:

1.

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or

2.

An additional development incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

B.

Child Care Facility Requirements. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable and the children who attend the child care facility, the children of very low-, low-, or moderate-income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-, low-, and moderate-income households.

(Ord. No. 669, § 2, 5-22-13)

A.

Density Bonus and Development Incentive Application. An application pursuant to this chapter shall be processed concurrently with any other application(s) required for the housing development. The application shall include the following:

1.

Project Description. A brief description of the housing development, including the total number of units, the total number of affordable units including the proposed level of affordability, and the total number of density bonus units.

2.

Development Incentives. A list and plans clearly indicating the development incentives required.

3.

Parking Ratios. A request to use density bonus parking ratios and a site plan indicating the proposed location and number of parking spaces.

4.

Financial Analysis. A financial analysis for the housing development describing why the proposed density bonus and/or development incentives are necessary to provide the affordable units proposed.

5.

Additional Information. Any other information as may be required by the community development department.

B.

Project Approval. In the absence of an appeal to the city council, final approval of the application shall be made by the planning commission, unless direct financial assistance is requested. If direct financial assistance is requested, the planning commission shall make a recommendation to the city council who shall have the authority to make the final decision on the application.

(Ord. No. 669, § 2, 5-22-13)

A.

Agreement Required. The applicant and/or developer requesting a density bonus and/or development incentive(s) shall enter into a density bonus housing agreement with the city. The terms of the agreement shall be reviewed and revised as appropriate by the city attorney and community development director. The director shall make a recommendation to the planning commission for final approval.

B.

Recordation. Following execution of the density bonus housing agreement by all parties, the approved agreement shall be recorded and any conditions and restrictions, shall be recorded as a restriction on the parcel or parcels designated for the construction of the target units. The recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance to any rough grading and building permits, with the exception of demolition permits for such parcels or units. The agreement shall be binding on the developer of the housing development and all future owners and successors in interest.

(Ord. No. 669, § 2, 5-22-13)

A.

Density Bonus and Development Incentives. The city shall approve the request for a density bonus, development incentive(s), and/or equivalent financial incentive pursuant to Sections 17.15.030 (implementation) and 17.15.050 (development incentives) of this chapter, unless it makes a written finding, based upon substantial evidence, of either of the following:

1.

That the density bonus, or density bonus with a development incentive(s), or density bonus and equivalent financial incentive(s) is not required to provide affordable housing costs or affordable rents; or

2.

That the density bonus, or density bonus with a development incentive(s), or density bonus and equivalent financial incentive(s) would have a specific adverse impact upon public health and safety or on the physical environment, or 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 the specific adverse impact without rendering the development unaffordable to very low-, low-, lower-, or moderate-income households.

3.

The incentive would be contrary to state or federal law.

B.

Child Care Facilities. The city shall approve the request for additional density bonus or development incentive for the provision of a child care facility unless it makes a written finding, based upon substantial evidence, of any of the following:

1.

That the additional density bonus or development incentive for a child care facility does not significantly contribute to the economic feasibility of the construction of the child care facility; or

2.

That the additional density bonus or development incentive would have a specific adverse impact upon public health and safety or on 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 the specific adverse impact without rendering the housing development affordable to very low-, low-, or moderate-income households; or

3.

That the city has adequate child care facilities.

(Ord. No. 669, § 2, 5-22-13)