This Chapter establishes a system of incentives to encourage developers to provide housing for very low, low income, moderate income, and senior households, pursuant to Section 65915 et seq. of the California Government Code. The incentive consists of a density bonus.

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990: Ord. C-6533 § 1 (part), 1988)

In order to qualify for a density bonus, a project must be a very low income, low income, moderate income condominium project as defined by the State of California, or a senior citizen housing project (as defined in Sections 51.2 and 51.3 of the California Civil Code).

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990: Ord. C-6533 § 1 (part), 1988)

Density bonuses shall not exceed the percentage as permitted by the State of California of maximum density allowed in the applicable zoning district.

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990: Ord. C-6533 § 1 (part), 1988)

The following procedural requirements shall be observed in reviewing and acting upon applications for density bonuses made pursuant to this Chapter:

A.

Application. An application for a density bonus shall be made in conjunction with other required applications for residential developments and shall be subject to the same procedures required by this Title and other applicable Sections of the Municipal Code.

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990: Ord. C-6533 § 1 (part), 1988)

All residential projects granted a density bonus shall conform to the development standards of the applicable zoning district, except those standards regulating density or as waived according to Section 21.63.080 of this Chapter.

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990: Ord. C-6533 § 1 (part), 1988)

In exchange for the density bonus, the developer shall guarantee the units will be maintained for very low income, low income, moderate income condominiums, and senior households for thirty (30) years. The guarantee shall be in the form of a deed restriction or other legally binding and enforceable document acceptable to the City Attorney. The document shall be recorded with the Los Angeles County Recorder prior to the issuance of a building permit. The applicant shall comply with the provisions of Chapter 21.60 of this Code for the maintenance of the units according to Housing Authority procedures.

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990: Ord. C-6533 § 1 (part), 1988)

In addition to the density bonus, the very low income, low income, moderate income condominiums, and senior units shall be exempt from the parks and recreation and transportation developer fees, if the developer is in compliance with the applicable exemption provisions of Sections 18.17.130, 18.18.120 and 18.18.140 of the Long Beach Municipal Code as they now exist or may later be amended.

(ORD-06-0045 § 1 (part), 2006: Ord. C-7247 § 28, 1994: Ord. C-6822 § 20 (part), 1990)

A.

Criteria for Waiver. If the applicant can demonstrate that the increased density cannot physically be accommodated on the site, then the following development standards shall be waived during site plan review to accommodate the increased density. The waiver in the standards shall follow the priority order established and the applicant shall demonstrate that the increased density cannot be accommodated with each sequential waiver before the waiver of the next standard is allowed. Only one (1) standard shall be waived unless it is shown that each individual standard waiver will not physically accommodate the proposed density. A complete site plan and floor plan shall be provided to demonstrate the physical noncompliance.

B.

Priority order for waiver:

1.

Percentage compact parking;

2.

Tandem parking design limitations;

3.

Privacy standards;

4.

Private open space;

5.

Common open space;

6.

Height;

7.

Distance between buildings;

8.

Side yard setbacks;

9.

Rear yard setbacks;

10.

Number of parking spaces (but not less than one (1) space per unit); and

11.

Front setbacks.

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990)

If the developer believes that with the density bonus and the additional incentives, the provision of the very low income, low income, moderate income condominiums, or senior citizen housing units are not financially feasible, then the developer shall submit a project pro forma demonstrating the deficiency. Such pro forma shall include the costs of complying with each of the above-listed standards. These standards shall then be sequentially waived until financial feasibility is achieved.

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990)