(A)

It is the intent of the city to match the needs of the city's current and projected workforce and to accommodate a broad range of life styles and income segments of the community by providing a diverse mix of housing types.

(B)

This Article is intended to facilitate and promote the development of affordable housing.

(C)

The purpose of this Article is to provide incentives for the production of affordable housing in accordance with Government Code §s 65915 et seq. and as amended.

(Ord. No. 712, pt. 1, 2-19-08)

Affordable housing agreement shall mean a legally binding, written agreement between the city and a developer, in form satisfactory to the city attorney, ensuring the compliance of the requirements of this Article.

Affordable housing costs shall be defined as in Health and Safety Code § 50052.5, or any successor statute or regulation.

Affordable units shall mean the units reserved for lower-, low- or moderate income households or senior households in order for the project to be eligible for the density bonus and incentives.

Child care facility shall mean a facility other than a small or large family day care home, including but not limited to, infant centers.

Common interest development shall mean any of the following as defined in Civil Code § 1351 such as but not limited to: condominiums, planned developments, and stock cooperative.

Density bonus shall mean an increase over the otherwise maximum allowable residential density as specified by this zoning ordinance.

Density bonus units shall mean the residential units granted pursuant to the provisions of this Article which exceed the maximum residential density for the development site.

Director shall mean the community development director of the city or his/her designee.

Los Angeles County Area Median Income (AMI) shall mean the annual median income for Los Angeles County, adjusted for household size, as published in the California Code of Regulations, title 25, section 6932, or its successor provision.

Low income households shall mean households whose income does not exceed the lower income limits applicable to Los Angeles County, as published and periodically updated by the California Department of Housing and Community Development pursuant to California Health and Safety Code § 50079.5.

Low income units shall mean housing units restricted to occupancy by low income households at affordable housing cost.

Lower income households shall mean the inclusion of both-low income and very low income households.

Moderate income households shall mean households whose income does not exceed the moderate income limits applicable to Los Angeles County, as published and periodically updated by the California Department of Housing and Community Development pursuant to California Health and Safety Code § 50079.5 or any successor statute or regulation.

Moderate income units shall mean housing units restricted to occupancy by moderate income households at affordable housing cost.

Senior housing shall mean a residential development that has been "designed to meet the physical and social needs of senior citizens", and which otherwise qualifies as "housing for older persons", as that phrase is used in the Federal Fair Housing Amendments Act of 1988 and its implementing regulations, and as that phrase is used in California Civil Code § 51.3 and the California Fair Employment and Housing Act.

Very low income households shall mean households whose income does not exceed the very low income limits applicable to Los Angeles County, as published and periodically updated by the state department of housing and community development pursuant to California Health and Safety Code § 50105.

Very low income units shall mean housing units restricted to occupancy by very low income households at affordable housing cost.

(Ord. No. 712, pt. 1, 2-19-08)

(A)

Applicability. This section applies to any residential development of five (5) or more units, or thirty-five (35) or more units for a senior housing project, when an applicant proposes a density increase above the maximum residential density. In exchange for the density, a portion of the units shall be reserved for lower income households, senior households, or moderate income households (in a common interest development) as provided in this Article.

(B)

Determination of density bonus. Qualified projects that meet the eligibility requirements set forth in this Article shall be granted a density bonus as outlined in table 11-1.52-1.

Table 11-1.52-1
Determination of Density Bonus

Example Calculation of a Density Bonus

(C)

Requirements.

1.

[Fractional units.] In all density calculations, fractional units shall be rounded to the next whole number.

2.

[Percentage of affordable units.] The density bonus shall not be included when determining the percentage of affordable units.

3.

[Required affordable units.] The developer can request a lesser density bonus than the project is entitled to, but no reduction shall be permitted in the number of required affordable units.

4.

[Allotment of density bonuses.] Unless otherwise specified, each residential development is entitled to only one density bonus, and density bonuses from more than one category may not be combined.

5.

[Discretionary approvals.] The granting of a density bonus and its subsequent incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, or other discretionary approval.

6.

[Condominium/apartment conversions.] Condominium/apartment conversions are not eligible for a density bonus if the original residential development received a density bonus, or other incentive, pursuant to this Article.

7.

Senior citizen housing requirements.

(a)

Senior citizen housing development projects shall have a minimum of thirty-five (35) units and shall meet the requirements described in California Civil Code § 51.3 or any successor statute or regulation.

(b)

Mobile home parks shall limit residency based on age requirements for housing for older persons pursuant to Civil Code § 798.76 of 799.5, or any successor statute or regulation.

8.

Land donation requirements. An applicant for a tentative map, parcel map or any other discretionary approval required to construct a residential development in the city shall receive a fifteen (15) percent density bonus for the residential development when the applicant donates land to the city as provided in this section. This fifteen (15) percent bonus shall be in addition to any other density bonus provided for in this section, up to a total combined density bonus of thirty-five (35) percent. Applicants are eligible for the fifteen (15) percent land donation density bonus if all of the following conditions are met:

(a)

The developer shall donate and transfer land to the city prior to approval of the final map or other discretionary approval required for the residential development.

(b)

The transferred land shall have the appropriate acreage and general plan and zoning designation to permit development of affordable housing for very low income households.

(c)

The transferred land shall be at least one acre or of sufficient size to permit development of at least forty (40) residential units.

(d)

The transferred land shall be served by adequate public facilities and infrastructure.

(e)

The transferred land and the very low income units constructed shall have a deed restriction recorded with the county recorder, to ensure continued affordability of the units. The deed restriction shall be recorded on the property at the time of dedication.

(f)

The transferred land shall be conveyed in fee simple to the city or to a housing developer approved by the city.

(g)

The transferred land shall be within the boundary of the proposed residential development, or no more than approximately one-quarter (¼) mile from the boundary of the qualified project, if the city so approves.

(h)

No later than the date of approval of the final map or other discretionary approval required for the residential development the transferred land shall have 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.

9.

Child care facility requirements.

(a)

The city shall grant either of the following to a density bonus project that includes a child care facility located on the premises, or adjacent to, the project:

(i)

An additional density bonus in an amount equivalent to the square footage of the child care facility; or

(ii)

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

(b)

In order to receive the additional child care density bonus, the project shall comply with the following requirements:

(i)

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 density bonus units are required to remain affordable.

(ii)

Of the children who attend the child care facility, the percentage of children of very low income, lower income, or moderate income households shall be equal to, or greater than, the percentage of affordable units.

(c)

Notwithstanding any requirement of this Section, the City shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.

(Ord. No. 712, pt. 1, 2-19-08)

(A)

[Affordable housing set-asides.] A proposed project that provides an affordable housing set-aside, as described in this Article, shall be granted incentives in the amounts shown in table 11-1.52-3.

Table 11-1.52-3
Number of Incentives

* Child care facility: When a qualified project includes a child care facility, the applicant shall receive one additional incentive as described in subsection 11-1.52.02(C)9.

(B)

[Requirements.] The planning commission shall approve the requested incentives for a proposed project if the applicant provides a written financial statement detailing that the incentive(s) is necessary to make the housing units economically feasible and will sufficiently reduce the cost of the housing development. The planning commission may deny one or more of the requested incentives if, based on substantial evidence, it makes either of the following written findings:

1.

The incentive is not required to ensure housing costs meet the affordability standards, as defined in Health and Safety Code § 50052.5, or any successor statute or regulation, or to ensure rents in the affordable units meet the requirements of this Article.

2.

The incentive would have a specific adverse impact, as defined in Government Code § 65589.5(d)(2), upon public health and safety, or physical environment, or any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

(C)

Menu of incentives.

1.

Additional density provided the overall density bonus received for the entire residential development does not exceed thirty-five (35) percent.

2.

A reduction in site development standards such as:

(a)

Reduced minimum lot sizes and/or dimensions.

(b)

Reduced minimum lot setbacks (up to thirty (30) percent).

(c)

Reduced minimum private and/or common outdoor open space.

(d)

Increased maximum building height (up to one (1) additional story).

(e)

Reduced on-site parking standards (parking study required).

3.

Change of zone to the city's mixed-use zoning designation, but with a twenty (20) percent commercial maximum. The proposed commercial land use shall be compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

4.

A ten (10) percent decrease in the commercial requirement for a mixed-use project in the Mixed-Use Overlay district. If the proposed mixed-use project also consolidates at least two (2) parcels for a minimum twenty thousand (20,000) square feet a twenty (20) percent decrease shall be permitted.

5.

Other regulatory incentives that result in identifiable, financially sufficient, and actual cost reductions.

(Ord. No. 712, pt. 1, 2-19-08)

(A)

Maximum affordable housing costs. The maximum total housing costs paid by a qualifying household, adjusted for household size appropriate for the unit, shall be pursuant to Health and Safety Code §§ 50052.5 and 50053.

(B)

Development Standards.

1.

[Dispersal of affordable units.] All affordable units shall be reasonably dispersed throughout the residential development, and shall be comparable with the market-rate units in terms of the design, construction quality, exterior appearance, and exterior finished quality.

2.

[Bedroom mix.] The bedroom mix of the affordable units shall be equivalent to the bedroom mix of the market-rate units of the residential development.

3.

[Parking standards.] Unless the city's adopted parking standards will result in fewer parking spaces, the following maximum parking standards shall apply, inclusive of handicapped and guest parking, for the entire residential development:

(a)

A parking calculation resulting in a fraction shall be rounded up to the next whole number.

(b)

On-site parking may be provided through tandem parking or uncovered parking, but not through on-street parking.

4.

[Construction schedule.] All affordable units in a residential development shall be constructed concurrently with the market-rate units, unless both the planning commission and developer agree to an alternative construction schedule. Such schedule shall be included in the affordable housing agreement required by section 11-1.52.06.

5.

Comparable 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 TV, and interior amenities like dishwashers and microwave ovens. Optional services for all residents shall be the same for residents of affordable and market rate units. Residents of affordable units shall not be required to purchase additional services.

(C)

Length of affordability.

1.

Affordable units offered for rent or sale shall be restricted to the maximum affordable housing cost for the designated income group and reserved for a minimum of thirty (30) years.

2.

A longer affordability period may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the residential development.

(D)

Resale of affordable units.

1.

The purchaser of a unit for sale restricted for low, lower or moderate income households pursuant to this Article shall be required to execute an instrument or agreement in a form approved by the city restricting the sale of the unit during the applicable use restriction period in accordance with the terms of this Article.

2.

Upon resale of an affordable unit, the seller shall retain the value of any improvements, down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of the appreciation, which shall then be used within three years for any of the proposes described in Health and Safety Code § 33334.2 subdivision (e), and as amended, that promote home ownership.

(Ord. No. 712, pt. 1, 2-19-08)

(A)

In addition to the required application materials, the applicant shall submit separate site plan(s) containing the following information:

1.

A brief description of the residential development, and a chart including the number of market-rate units and affordable units proposed, and the basis for the number of affordable units.

2.

The unit-mix, locations, floor plans and square footages, and a statement as to whether the residential development is an ownership or rental project.

3.

In the event the developer proposes a phased project, a phasing plan that provides for the timely development of the affordable units as the residential development is constructed.

4.

A detail of the specific incentives, waivers, or modifications being requested as specified in subsection 11-1.52.03(B).

(a)

If a density bonus or concession is requested for a land donation, the affordable housing plan shall show the location of the land to be dedicated and provide evidence that each of the conditions included in subsection 11-1.52.02(C)8. are met.

(b)

If a density bonus or concession is requested for a child care facility, the affordable housing plan shall show the location and square footage of the child care facilities and provide evidence that each of the conditions included in subsection 11-1.52.02(C)9. are met.

5.

Any other information reasonably requested by the director to assist with the evaluation of the affordable housing plan.

6.

The affordable housing site plan shall be incorporated into all sets of plans used for receiving building permits.

(Ord. No. 712, pt. 1, 2-19-08)

(A)

Applicants that have been conditionally granted an affordable housing density bonus and/or incentive(s) shall enter into an affordable housing agreement with the city in a form approved by the city attorney.

(B)

The approval and execution of the affordable housing agreement shall take place prior to final map approval or, where a map is not being processed, prior to the issuance of building permits.

(C)

An affordable housing agreement shall, at a minimum, include the following:

1.

The number, size and bedroom count, and location of the all units proposed.

2.

Level and tenure of affordability for the units.

3.

Schedule of development for all units.

4.

The income levels of the affordable units and an acknowledgment that the city will verify tenant and homebuyer incomes to maintain the affordability of the units.

5.

Approved incentives, if any, provided by the city.

6.

Where applicable, requirements for other documents to be approved by the city, such as marketing, leasing and management plans; financial assistance/loan documents; resale agreements; and monitoring and compliance plans.

(D)

For projects that include affordable or senior units offered for sale, the affordable housing agreement shall include the following conditions:

1.

Prior to receiving a certificate of occupancy, the developer shall record a deed restriction against each property containing an affordable unit restricting the sale of the unit in accordance with this Article and requiring the affordable unit to be owner-occupied by such eligible households. The deed restriction may also contain such provisions as the city might require to ensure continued compliance with the Article.

(E)

For projects that include affordable rental units, the affordable housing agreement shall include the following conditions:

1.

The obligations and restrictions set forth in the affordable housing agreement shall be recorded as a deed restriction against the entire residential development. The restrictions shall be binding on all future owners and successors in interest for the term of years specified therein.

2.

A provision requiring the property owner to submit an annual report to the city, which includes the name, address, and income of each person occupying the affordable units, and identifies the bedroom size and monthly rent of each affordable unit.

3.

The rules and procedures for qualifying tenants, establishing affordable rents, filling vacancies and maintaining target units for qualified tenants.

(Ord. No. 712, pt. 1, 2-19-08)

(A)

The provisions of this Article shall apply to all developers and their agents, successors and assigns proposing a residential development with a density bonus. No building permit or occupancy permit shall be issued, nor any entitlement granted, for a project which does not meet the requirements of this Article.

(B)

All affordable units shall be rented or owned in accordance with this Article.

(C)

The city attorney shall be authorized to enforce the provisions of this Article and all affordable housing agreements, regulatory agreements, covenants, resale restrictions, promissory notes, deeds of trust and other requirements placed on affordable units by civil action and any other proceeding or method permitted by law. The city may, at its discretion, take such enforcement action as is authorized under the Lomita Municipal Code and/or any other action authorized by law or by any regulatory document, restriction or agreement executed under this Article.

(D)

Any individual who sells or rents an affordable unit in violation of the provisions of this Article shall be required to forfeit all monetary amounts so obtained.

(Ord. No. 712, pt. 1, 2-19-08)

If any provision of this Article or the application thereof to any person or circumstances is held invalid, the remainder of the Article and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected.

(Ord. No. 712, pt. 1, 2-19-08)