La Verne City Zoning Code
CHAPTER 18
114 DENSITY BONUS AND OTHER INCENTIVES
Prior ordinance history: Ord. 1040.
§ 18.114.010 Purpose.
The purpose of this chapter is to implement the requirements of the Density Bonus Law set forth at Government Code Section 65915 et seq. In enacting this chapter, the city also intends to implement the goals, objectives and policies of the city's general plan housing element to encourage the production of affordable housing in the city.
(Ord. 25-1129, 2/18/2025)
§ 18.114.020 Adoption by reference.
The State Density Bonus Law, set forth at Chapter 4.3 of the Planning and Zoning Law of California and found at Government Code Sections 65915 through 65918, as the same may be amended from time to time, is hereby adopted by reference as the City of LaVerne's density bonus provisions and shall be implemented in accordance with this chapter.
(Ord. 25-1129, 2/18/2025)
§ 18.114.030 Definitions.
In addition to the definitions set forth in the Density Bonus Law, the following definitions shall apply to this chapter:
"Affordable housing agreement"
shall mean an agreement between the city and the applicant guaranteeing the affordability of the rental or ownership affordable units in accordance with this chapter and Government Code Section 65915.
"Director"
shall mean the director of community development or the director's designee.
(Ord. 25-1129, 2/18/2025)
§ 18.114.040 Applicability.
This chapter shall apply to any housing development that provides the requisite amount of affordable housing that entitles a housing development project to additional density, incentives or concessions, and waivers as set forth in the State Density Bonus Law.
(Ord. 25-1129, 2/18/2025)
§ 18.114.050 Procedures.
A.
Application Submittal. An application for a density bonus, including an incentive or concession and waiver, shall be filed concurrently with an application for a housing development and shall be processed concurrently with all other applications required for the housing development. An applicant proposing a housing development pursuant to this chapter, may submit a preliminary application prior to the submittal of any formal request for approval of a housing development.
B.
Application Contents. An application for a density bonus shall include the following information:
1.
The number of density bonus units being requested;
2.
A reduced parking ratio request pursuant to Government Code Section 65915(p);
3.
An incentive(s) or concession(s) request pursuant to Government Code Section 65915(d) that results in identifiable and actual cost reductions to provide for the affordable housing. Incentives and concessions may only be requested if the application includes additional density;
4.
A waiver(s) or reduction of development standard(s) request pursuant to Government Code Section 65915(e) that would have the effect of physically precluding the construction of the housing development at the densities or with the allowed incentive(s) or concession(s);
5.
A site plan identifying the base project without the density bonus, number and location of all inclusionary units, affordable units qualifying for the project for a density bonus, and proposed density bonus units;
6.
Level of affordability of all affordable and inclusionary units and proposals for ensuring affordability, if applicable;
7.
If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated;
8.
If a density bonus or concession is requested for a childcare facility, the application shall show the location and square footage of the childcare facility;
9.
In the case of a land donation, childcare facility or condominium conversion, the applicant shall provide evidence to demonstrate that all of the requirements of the Density Bonus Law are met.
C.
If an application for a density bonus is incomplete, the applicant shall be timely notified of such incompleteness in accordance with the provisions of applicable law.
D.
If a proposed housing development would be inconsistent with the city's Zoning Code or the State Density Bonus Law, the applicant shall be provided notice of such inconsistency in accordance with the Housing Accountability Act, Government Code Section 65589.5.
E.
A density bonus application shall be approved or denied in conjunction with the housing development application by the body approving such application within the time frames required for approval of such development.
F.
Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed pursuant to Chapter 18.112 of the La Verne Municipal Code.
(Ord. 25-1129, 2/18/2025)
§ 18.114.060 Requirements.
A.
The applicant for a density bonus shall enter into an affordable housing agreement with the city which shall be recorded against the property.
1.
The terms of the draft agreement shall be reviewed and revised as appropriate by the community development director, with the form to be approved by the city attorney.
2.
The agreement shall be approved by the approval authority on the underlying project. If an appeal is taken of the project, then the regulatory agreement shall be approved by the decision maker on appeal.
3.
The affordable housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind future owners and successors in interest
B.
The applicant shall be required to pay the city's costs for any third-party consultants required to assist the city in drafting a regulatory agreement, developing guidelines, verifying the eligibility of owners or tenants of the affordable units, or any other matter relating to the density bonus.
C.
All building permits for affordable units qualifying a housing development for a density bonus shall be issued concurrently with, or prior to, issuance of building permits for the market rate units, and the affordable units shall be constructed concurrently with, or prior to, construction of the market rate units. Occupancy permits and final inspections for affordable units qualifying a housing development for a density bonus shall be approved concurrently with, or prior to, approval of occupancy permits and final inspections for the market rate units.
D.
The exterior design and construction of the affordable dwelling units shall be consistent with the exterior design and construction of the total project development and shall be consistent with any affordable residential development standards that may be prepared by the city.
E.
Affordable units qualifying a housing development for a density bonus shall be reasonably dispersed throughout the housing development. The applicant may reduce the interior amenities and square footage of inclusionary units, provided, all units conform to all other requirements of this municipal code.
F.
The affordable units shall be similar in size and number of bedrooms to the market rate units. If the development project includes a range of unit sizes, then the affordable units qualifying a housing development for a density bonus shall be representative of the market rate unit mix.
G.
If the project includes a subdivision, the lots with affordable units shall be of similar size to the lots with market rate units. If the development project includes a range of lot sizes, the lots with affordable units shall be no smaller than the smallest lots with market rate units.
H.
The affordable units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development, provided at an affordable rent or at affordable ownership cost specified by Health and Safety Code Section 50052.5 and California Code of Regulations Title 25, Section 6910 through 6924, as the same may be amended from time to time. Developers are strictly prohibited from discriminating against tenants or owners of affordable units in granting access to and full enjoyment of any community amenities available to other tenants or owners outside of their individual units.
I.
If the development project is for units that will be sold, then the affordable dwelling units shall also be for sale units. The regulatory agreement may make provisions for rental of the units for the same level of affordability that qualified the applicant for the density bonus if the unit is not sold within a period of time specified in the agreement.
J.
If a development involves a donation of land, the city may require the land to be transferred to the La Verne Housing Authority instead of either the city or another developer.
(Ord. 25-1129, 2/18/2025)
§ 18.114.070 Former redevelopment sites.
Very low, low, and moderate income units in housing developments qualified for a density bonus that are located in or found by the housing authority to benefit a former redevelopment project area shall remain at an affordable level for a period of not less than forty-five years for owner occupied units, and not less than fifty-five years for rental units, in accordance with applicable provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). Upon resale, the city shall enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The equity sharing agreement shall include the following provisions:
A.
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 as defined in subsection B of this section, and its proportionate share of appreciation, as defined in subsection C of this section, which amount shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e).
B.
The city's initial subsidy shall be equal to the fair market value of the home at the time of the initial sale minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
C.
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. 25-1129, 2/18/2025)
