Monterey Park City Zoning Code

CHAPTER 21

18 AFFORDABLE HOUSING INCENTIVES-DENSITY BONUS

§ 21.18.010 Purpose.

The purpose of this chapter is to establish procedures for implementing density bonus requirements set forth in Government Code Sections 65915, et seq., as may be amended from time to time (the "Density Bonus Act").

(Ord. 2230 § 4, 2023)

§ 21.18.020 Procedure.

In addition to any other requirement, applications for a density bonus must be filed on a form approved by the Community Development Director, or designee (the "Director"). An application must be filed concurrently with any other land use application required by this code. At the time the application is submitted, the applicant must pay an application fee established by City Council resolution.

The Director will process the Density Bonus Act application in the same manner as all applications required by this code.

Applications filed under this chapter must include reasonable documentation to establish eligibility under the Density Bonus Act.

(Ord. 2230 § 4, 2023)

§ 21.18.030 Bonuses and Incentives.

Housing developments qualifying under the Density Bonus Act may receive a bonus or concession pursuant to this chapter.

Terms and phrases used in this chapter have the same meaning as defined by the Density Bonus Act.

Where the density allowed under this code is inconsistent with the density allowed under the land use element of the general plan, the maximum density allowed controls.

Upon an applicant's submission of reasonable documentation establishing eligibility, the city may not impose any development standard or parking standard that physically precludes a housing development qualifying under the Density Bonus Act.

Before the Building Official issues a building permit, an applicant receiving bonuses or concessions under this chapter must execute and record an agreement, in a form approved by the City Attorney, securing the continued affordability of all dwelling units in accordance with the Density Bonus Act and this chapter.

All dwelling units benefitting from the bonuses or concessions under this chapter must be concurrently built in the same manner as market rates. All affordable units must be integrated and reasonably distributed throughout the approved project with the market rate units to ensure a reasonable mix of affordable and market rate units.

(Ord. 2230 § 4, 2023)

§ 21.18.040 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 television, and interior amenities like dish-washers and microwave ovens. Optional services for all residents must be the same. Tenants of affordable units may not be required to purchase additional services.

(Ord. 2230 § 4, 2023)

§ 21.18.050 Menu of Incentives.

Applicants with projects qualifying for incentives may request one or more of the following incentives; the number of incentives being requested must be consistent to the Density Bonus Act unless otherwise authorized by the approving body:

Yard/Setback. Up to a 20% decrease in the required width or depth of any individual yard or setback, except along any property line that abuts an R-1 or more restrictively zoned property. A landscaping plan must be submitted to the Director for approval that incorporates screening as defined by this title.

Lot Width. Up to a 20% decrease from a lot width requirement. A landscaping plan must be submitted to the Director for approval that incorporates screening as defined by this title.

Floor Area Ratio.

A percentage increase in the allowable floor area ratio equal to the percentage of density bonus for which the project is eligible, not to exceed 35%; or

In lieu of the otherwise applicable floor area ratio, a floor area ratio not to exceed those identified in the General Plan governing the project site.

Height. Subject to Chapter 21.42, a percentage increase in the height requirement in feet equal to the percentage of density bonus for which the project is eligible. This percentage increase in height is applicable over the entire parcel regardless of the number of underlying height limits. For purposes of this subsection, height limits contained in this title and adopted specific plans do not apply.

In any zone in which the height or number of stories is limited, this height increase will permit a maximum of 11 additional feet or one additional story, whichever is lower, to provide the affordable units.

No additional height can be permitted for that portion of a building in a project that is located within 50 feet of a lot classified in an R-1 or more restrictive zone.

No additional height is permitted for that portion of a building in a project that is located within 15 feet of a lot classified in the R-2 Zone.

For each foot of additional height, the building must be set back one horizontal foot.

No additional height can be permitted for any portion of a building in a project located on a lot sharing a common lot line with or across an alley from a lot classified in an R-1 or more restrictive zone. This prohibition does not apply if the lot on which the project is located is within 1,500 feet of a transit stop but no additional height can be permitted for that portion of a building in the project that is located within 50 feet of a lot classified in an R-1 or more restrictive residential zone.

Open Space. Up to a 20% decrease from an open space requirement. A landscaping plan must be submitted to the Director for approval that incorporates screening as defined by this title.

Density Calculation. The area of any land required to be dedicated for street or alley purposes may be included as lot area for purposes of calculating the maximum density permitted by the underlying zone in which the project is located.

Green Building. Density Bonus qualified projects that achieve compliance with Level 2 of the California Green Building Code may be provided with the following additional incentives that will not be counted toward the maximum incentives as permitted by California law:

Projects may be granted a density bonus of 20% additional units; or

Fifty percent of private open space may be credited toward satisfying common open space requirements if each dwelling unit, out of 50% of the total number of dwelling units, includes at least 50 square feet of private open space with a minimum width and length of five linear feet. Alternatively, the project may comply with common open space requirements by providing private open space areas that exceed the minimum private open space requirements in this title, provided the private open space is equal to or greater than the total common open space area required for the development in this title.

(Ord. 2230 § 4, 2023)

§ 21.18.060 Request for Incentives.

For projects qualifying under the Density Bonus Act for which ministerial approvals are required, the following procedures apply:

Application. An applicant must file a request on a form provided by the Director, accompanied by fees established by city council resolution.

Director Authority. The Director may determine whether an application is consistent with this chapter.

Action. The Director must approve a density bonus and requested incentive(s) unless the Director makes one or more of the written findings provided for under Government Code Section 65915(d)(1).

Written Decision. The Director must transmit a written decision by first class mail to the applicant and to all owners of properties abutting, and across the street or alley from the subject property.

(Ord. 2230 § 4, 2023)

§ 21.18.070 Additional Option for Affordable Units Located Near Transit Stop/Major Employment Center.

In lieu of providing the requisite number of affordable units in a project located in or within 1,500 feet of a transit stop or major employment center, as determined by the Director, that would otherwise be required under this chapter an applicant may opt to provide a greater number of smaller units provided that:

The total number of units in the project, including density bonus units, do not exceed the maximum permitted by this chapter;

The square footage of the aggregate smaller affordable units is equal to or greater than the square footage of the aggregate affordable units that would otherwise be required under this chapter;

The smaller affordable units are distributed throughout the building and have proportionally the same number of bedrooms as the market rate units; and

The smaller affordable units meet the minimum unit size requirements established by the Low Income Housing Tax Credit Program (4 California Code of Regulations Section 10300, et seq.).

(Ord. 2230 § 4, 2023)

Monterey Park City Zoning Code

CHAPTER 21

18 AFFORDABLE HOUSING INCENTIVES-DENSITY BONUS

§ 21.18.010 Purpose.

The purpose of this chapter is to establish procedures for implementing density bonus requirements set forth in Government Code Sections 65915, et seq., as may be amended from time to time (the "Density Bonus Act").

(Ord. 2230 § 4, 2023)

§ 21.18.020 Procedure.

In addition to any other requirement, applications for a density bonus must be filed on a form approved by the Community Development Director, or designee (the "Director"). An application must be filed concurrently with any other land use application required by this code. At the time the application is submitted, the applicant must pay an application fee established by City Council resolution.

The Director will process the Density Bonus Act application in the same manner as all applications required by this code.

Applications filed under this chapter must include reasonable documentation to establish eligibility under the Density Bonus Act.

(Ord. 2230 § 4, 2023)

§ 21.18.030 Bonuses and Incentives.

Housing developments qualifying under the Density Bonus Act may receive a bonus or concession pursuant to this chapter.

Terms and phrases used in this chapter have the same meaning as defined by the Density Bonus Act.

Where the density allowed under this code is inconsistent with the density allowed under the land use element of the general plan, the maximum density allowed controls.

Upon an applicant's submission of reasonable documentation establishing eligibility, the city may not impose any development standard or parking standard that physically precludes a housing development qualifying under the Density Bonus Act.

Before the Building Official issues a building permit, an applicant receiving bonuses or concessions under this chapter must execute and record an agreement, in a form approved by the City Attorney, securing the continued affordability of all dwelling units in accordance with the Density Bonus Act and this chapter.

All dwelling units benefitting from the bonuses or concessions under this chapter must be concurrently built in the same manner as market rates. All affordable units must be integrated and reasonably distributed throughout the approved project with the market rate units to ensure a reasonable mix of affordable and market rate units.

(Ord. 2230 § 4, 2023)

§ 21.18.040 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 television, and interior amenities like dish-washers and microwave ovens. Optional services for all residents must be the same. Tenants of affordable units may not be required to purchase additional services.

(Ord. 2230 § 4, 2023)

§ 21.18.050 Menu of Incentives.

Applicants with projects qualifying for incentives may request one or more of the following incentives; the number of incentives being requested must be consistent to the Density Bonus Act unless otherwise authorized by the approving body:

Yard/Setback. Up to a 20% decrease in the required width or depth of any individual yard or setback, except along any property line that abuts an R-1 or more restrictively zoned property. A landscaping plan must be submitted to the Director for approval that incorporates screening as defined by this title.

Lot Width. Up to a 20% decrease from a lot width requirement. A landscaping plan must be submitted to the Director for approval that incorporates screening as defined by this title.

Floor Area Ratio.

A percentage increase in the allowable floor area ratio equal to the percentage of density bonus for which the project is eligible, not to exceed 35%; or

In lieu of the otherwise applicable floor area ratio, a floor area ratio not to exceed those identified in the General Plan governing the project site.

Height. Subject to Chapter 21.42, a percentage increase in the height requirement in feet equal to the percentage of density bonus for which the project is eligible. This percentage increase in height is applicable over the entire parcel regardless of the number of underlying height limits. For purposes of this subsection, height limits contained in this title and adopted specific plans do not apply.

In any zone in which the height or number of stories is limited, this height increase will permit a maximum of 11 additional feet or one additional story, whichever is lower, to provide the affordable units.

No additional height can be permitted for that portion of a building in a project that is located within 50 feet of a lot classified in an R-1 or more restrictive zone.

No additional height is permitted for that portion of a building in a project that is located within 15 feet of a lot classified in the R-2 Zone.

For each foot of additional height, the building must be set back one horizontal foot.

No additional height can be permitted for any portion of a building in a project located on a lot sharing a common lot line with or across an alley from a lot classified in an R-1 or more restrictive zone. This prohibition does not apply if the lot on which the project is located is within 1,500 feet of a transit stop but no additional height can be permitted for that portion of a building in the project that is located within 50 feet of a lot classified in an R-1 or more restrictive residential zone.

Open Space. Up to a 20% decrease from an open space requirement. A landscaping plan must be submitted to the Director for approval that incorporates screening as defined by this title.

Density Calculation. The area of any land required to be dedicated for street or alley purposes may be included as lot area for purposes of calculating the maximum density permitted by the underlying zone in which the project is located.

Green Building. Density Bonus qualified projects that achieve compliance with Level 2 of the California Green Building Code may be provided with the following additional incentives that will not be counted toward the maximum incentives as permitted by California law:

Projects may be granted a density bonus of 20% additional units; or

Fifty percent of private open space may be credited toward satisfying common open space requirements if each dwelling unit, out of 50% of the total number of dwelling units, includes at least 50 square feet of private open space with a minimum width and length of five linear feet. Alternatively, the project may comply with common open space requirements by providing private open space areas that exceed the minimum private open space requirements in this title, provided the private open space is equal to or greater than the total common open space area required for the development in this title.

(Ord. 2230 § 4, 2023)

§ 21.18.060 Request for Incentives.

For projects qualifying under the Density Bonus Act for which ministerial approvals are required, the following procedures apply:

Application. An applicant must file a request on a form provided by the Director, accompanied by fees established by city council resolution.

Director Authority. The Director may determine whether an application is consistent with this chapter.

Action. The Director must approve a density bonus and requested incentive(s) unless the Director makes one or more of the written findings provided for under Government Code Section 65915(d)(1).

Written Decision. The Director must transmit a written decision by first class mail to the applicant and to all owners of properties abutting, and across the street or alley from the subject property.

(Ord. 2230 § 4, 2023)

§ 21.18.070 Additional Option for Affordable Units Located Near Transit Stop/Major Employment Center.

In lieu of providing the requisite number of affordable units in a project located in or within 1,500 feet of a transit stop or major employment center, as determined by the Director, that would otherwise be required under this chapter an applicant may opt to provide a greater number of smaller units provided that:

The total number of units in the project, including density bonus units, do not exceed the maximum permitted by this chapter;

The square footage of the aggregate smaller affordable units is equal to or greater than the square footage of the aggregate affordable units that would otherwise be required under this chapter;

The smaller affordable units are distributed throughout the building and have proportionally the same number of bedrooms as the market rate units; and

The smaller affordable units meet the minimum unit size requirements established by the Low Income Housing Tax Credit Program (4 California Code of Regulations Section 10300, et seq.).

(Ord. 2230 § 4, 2023)