Paramount City Zoning Code
CHAPTER 17
114 DENSITY BONUS AND OTHER INCENTIVES
§ 17.114.010 Purpose.
The provisions of this chapter are established to comply with the preemptive requirements of California Government Code Sections 65915—65918, as those may be amended from time to time.
(Ord. 1163 § 4, 2022)
§ 17.114.020 Definitions.
For purposes of this chapter, the following terms shall be construed as defined in this section:
Affordable rent.
The maximum monthly rent for a specified income level calculated in accordance with California Health and Safety Code Section 50053 and implementing regulations.
Affordable sales price.
The maximum housing cost for a specified income level, calculated in accordance with California Health and Safety Code Section 50052.5 and implementing regulations.
Affordable units.
Those dwelling units which are required to be rented at affordable rents or sold at an affordable sales price to very low income households, lower income households, or moderate income households.
Applicant or developer.
The person, persons, or entity who applies for a housing development, as well as the owner or owners of the property if the applicant does not own the property on which development is proposed.
Application.
The form, information, plans, required documentation, and fees submitted by an applicant to the appropriate public agency for the purpose of determining whether to approve or deny permits, licenses, certificates, or other entitlements from a public agency.
Application, density bonus.
An application submitted with a development plan for a housing development, requesting a density bonus and incentives and/or concessions.
Area Median Income or AMI.
The median family income (adjusted for family size) for Los Angeles County promulgated and published annually by the California Department of Housing and Community Development ("HCD") pursuant to Title 25, Section 6932 of the California Code of Regulations.
Childcare facility.
A childcare facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age childcare centers.
Concession or incentive.
Concession or incentive as defined in California Government Code Section 65915.
Covered parking.
A parking stall(s) within a garage, carport, or completely under the overhanging portion of a building.
Density bonus.
A density increase over the otherwise maximum allowable residential density under the zoning and land use element of the general plan as of the date of application to the City.
Density bonus (condominium conversions).
An increase in the number of dwelling units in an existing apartment building or complex of buildings.
Density bonus (new housing).
A density increase over the otherwise maximum allowable residential density under the zoning ordinance and land use element of the general plan, at the time of application for a density bonus.
Development standard.
Any local requirement for site or construction conditions, including, but not limited to, a height limitation, setback requirement, floor area ratio, onsite open-space requirement, or a parking ratio.
Housing development.
A development project for five or more residential units, including a mixed-use development, and includes a subdivision or common interest development as defined in California Civil Code Section 4100, that consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling where the rehabilitation results in a net increase of available residential units. These may include for-sale projects as defined in state law.
Lower income household.
A household with a gross income that does not exceed 50% of Area Median Income (AMI).
Major transit stop.
A site containing a rail station or the intersection of two or more bus routes with a service interval of 15 minutes or less during the morning and afternoon peak commute periods, as defined by California Public Resources Code 21064.3.
Maximum allowable residential density.
The maximum density allowed under state law, or under local zoning or general plan land use element for that project. If the zoning and land use element are inconsistent, the land use element shall prevail.
Mixed-use.
Shall mean a mix of both nonresidential and residential uses, either within the same zone or project, unless indicated otherwise within specific chapters or sections of this title.
Moderate income household.
A household with a gross income that does not exceed 80% of Area Median Income (AMI).
Planned development.
A development as defined in California Civil Code Section 1351(k).
Specific adverse impact.
A significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete but the following shall not constitute a specific, adverse impact upon the public health or safety:
1.
Inconsistency with Title 17 (Zoning) of the Paramount Municipal Code or General Plan land use designation.
2.
The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.
3.
Impact on the physical environment.
Total units.
A calculation of the number of units in a housing development, excluding units added by a density bonus award pursuant to this chapter and including units designated to satisfy an inclusionary zoning requirement if applicable.
Very low income household.
A household with a gross income that does not exceed 30% of Area Median Income (AMI).
(Ord. 1163 § 4, 2022)
§ 17.114.030 Application.
A.
Application. The applicant must file an application for a density bonus, on the form provided by the Planning Director and with the attachments required by that form, which is part of and must be filed with the application for the development project itself. The City will provide a list of required information for the application; applicant shall provide reasonable documentation to establish eligibility for a requested density bonus, which shall (at a minimum) include the following:
1.
Identification of the section and/or subdivision of the State Density Bonus Law under which the application is made. See Government Code Section 65915, subdivision (b), paragraph (2) for requirements related to lower income households, very low income households, senior citizen housing development, transitional foster youth housing development, disabled veterans housing development, housing development for homeless persons, and moderate income common interest development; see Government Code Section 65915, subdivision (h) for donations of land; see Government Code Section 65915, subdivision (h) for child care facilities; and see Government Code Section 65915.5 for conversion of apartments to condominium projects.
2.
Quantity of the total density bonus requested, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.
3.
Identification of any incentives or concessions requested by the applicant, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.
4.
Identification of any waivers, reductions, or modifications of development standards requested by the applicant, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.
5.
A preliminary sketch plan showing the context and compatibility of the proposed project within the surrounding area, the number, type, size, and location of buildings, and parking. The design of proposed affordable dwelling units shall be compatible with the market-rate dwelling units within the project.
6.
Information satisfactory to the Director to enable the City to determine whether the requirements of the State Density Bonus Law and this code have been met by the applicant, including, for example, the project cost per unit and whether any requested incentive or concession is necessary to make the housing units economically feasible. (See Government Code Section 65915, subdivision (d).) Such information may include capital costs, equity investment, debt service, projected revenues, operating expenses, and any other information deemed necessary by the Director.
7.
Payment for the requisite fees in connection with the application.
B.
Deemed Complete. The application for a density bonus is part of the application for the development project itself; as such the application for a density bonus will not be deemed complete until the application for the housing or mixed use development is deemed complete and the density bonus shall be adjusted based upon any changes to the project during construction.
C.
Written Agreement. The City may not provide a density bonus or other incentive or concession without a written agreement with the developer by which the developer shall agree that:
1.
A for-sale unit that qualified the applicant for award of a density bonus meets either of the following conditions:
a.
The unit is initially occupied by a person or family of very low, lower, or moderate income, as required, and it is offered at an affordable housing cost and is subject to an equity sharing agreement, or
b.
The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contact that satisfies all of the requirements specified in paragraph 10 of subsection (a) of Section 402.1 of the Revenue and Taxation Code and that includes the restrictions set forth in Government Code Section 65915(c)(2).
2.
A very low and lower-income rental unit that qualified the applicant for the award of the density bonus will be affordable for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
(Ord. 1163 § 4, 2022)
§ 17.114.040 Eligible applicants and projects.
A.
Eligibility. To be eligible for the density bonus and other incentives and concessions set out in this chapter and in the provisions of California Government Code Section 65915, the housing development applicant must agree that the housing development will contain at least one of the following, excluding any units permitted by the density bonus:
1.
100% of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, as defined by California Health and Safety Code Section 50079.5, except that up to 20% of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Health and Safety Code Section 50053.
2.
Five percent of the total units of a housing development for very low income households, as defined in California Health and Safety Code Section 50105.
3.
10% of the total units of a housing development for lower income households, as defined in California Health and Safety Code Section 50079.5.
4.
10% of the total dwelling units in a common interest development, as defined in California Civil Code Section 4100, for persons and families of moderate income, as defined in California Health and Safety Code Section 50093, provided that all units in the development are offered to the public for purchase.
5.
A senior citizen housing development, as defined in California Civil Code Sections 51.3 and 51.12, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to California Civil Code Section 798.76 or 799.5.
6.
10% of the total units of a housing development for transitional foster youth, as defined in Education Code Section 66025.9, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units.
7.
20% of the total units for lower income students in a student housing development that meets the requirements of California Government Code Section 65915.
8.
30% of the total units for lower income households or at least 15% of the total units for very low income households, if the project qualifies as a partnership between a commercial developer and an affordable housing developer, as set forth in California Government Code Section 65915.7.
B.
Existing/Prior Rent-Restricted Units. Notwithstanding the foregoing, an applicant shall not be eligible for a density bonus or other incentives if the housing development is proposed on property on which rental dwelling units are located (or were within the previous five years) subject to a covenant, deed restriction, local ordinance or state law that restricts rents to levels affordable to lower or very low income families or occupied by such lower or very low income households, unless the developer meets the requirements of California Government Code Section 65915(c)(3) for replacement units.
(Ord. 1163 § 4, 2022)
§ 17.114.050 Density bonuses and other incentives.
A.
Generally. For projects that are eligible under Section 17.114.040, the City shall grant the following:
1.
Density bonuses in accordance with Section 17.114.060.
2.
Concessions and incentives in the amount set forth in Section 17.114.060 in accordance with Section 17.114.070.
3.
Waivers or reductions of development standards, as described in Section 17.114.080.
4.
A reduction of parking ratios, as described in Section 17.114.090.
B.
Additional. A project may qualify for the following additional density bonuses and incentives:
1.
Childcare facilities bonuses and concessions or incentives, pursuant to Section 17.114.100.
2.
Condominium conversions bonuses and concessions or incentives, pursuant to Section 17.114.110.
(Ord. 1163 § 4, 2022)
§ 17.114.060 Calculation of density bonus and incentives.
A.
General. The density bonus shall be calculated by the City pursuant to Government Code Section 65915(f). All density calculations shall be rounded up to the next whole number. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than those areas where the lower income household units are located.
B.
Calculations.
1.
100% Affordable Housing Development. If 100% of the units in the housing development are lower income or very low income units, excluding manager's units, with up to 20% of the units for moderate income house-holds, the City shall allow an 80% maximum density bonus and four concessions or incentives meeting all the applicable eligibility requirements of this chapter.
2.
Very Low Income Housing Development. A very low income housing development that meets the requirements of subsection 17.114.040(A)(2) shall be entitled to the following density bonus calculation and number of incentives or concessions:
Very Low Income Unit Percentage | Density Bonus | Incentives or Concessions |
|---|---|---|
5% - 9% | 20% - 30% | 1 |
10% - 11% | 32.5% - 35% | 2 |
12% - 13% | 38.75% - 42.5% | 2 |
14% | 46.25% | 2 |
15% - 99% | 50% | 3 |
100% (Can include a combination of very low and lower income, with up to 20% moderate income) | 80% | 4 |
3.
Lower Income Housing Development. A low income housing development that meets the requirements of subsection 17.114.040(A)(3) shall be entitled to the following density bonus calculation:
Lower-Income Unit Percentage | Density Bonus | Incentives or Concessions |
|---|---|---|
10% - 13% | 20% - 24.5% | 1 |
14% - 16% | 26% - 29% | 1 |
17% - 20% | 30.5% - 35% | 2 |
24% - 99% | 50% | 3 |
100% (Can include a combination of very low and lower income, with up to 20% moderate income) | 80% | 4 |
4.
Moderate Income Housing Development. A moderate income housing development that meets the requirements of subsection 17.114.040(A)(4) shall be entitled to the following density bonus calculation and number of concessions or incentives:
Moderate Income Unit Percentage | Density Bonus | Incentives or Concessions |
|---|---|---|
10% - 15% | 5% - 10% | 1 |
16% - 19% | 11% - 14% | 1 |
20% - 29% | 15% - 24% | 2 |
30% - 35% | 25% - 30% | 3 |
36% - 42% | 31% - 42.5% | 3 |
43% - 44% | 46.25% - 50% | 3 |
45% - 99% | 50% | 3 |
100% (Can include a combination of very low and lower income, with up to 20% moderate income) | 80% | 4 |
5.
Senior Citizen Housing Development. A senior citizen housing development that meets the requirements of subsection 17.114.040(A)(5) shall be entitled to a 20% density bonus.
6.
Transitional Housing Development. A transitional housing development that meets the requirements of subsection 17.114.040(A)(6) shall be entitled to a 20% density bonus.
7.
Student Housing Development. A student housing development that meets the requirements of subsection 17.114.040(A)(7) shall be entitled to a 35% density bonus and shall be entitled to one concession or incentive.
8.
Commercial Partnerships. Projects that meet the requirements of subsection 17.114.040(A)(8) may be entitled to the concessions and incentives set forth in California Government Code Section 65915.7, subject to the approval of the City.
C.
Land Donation. When an applicant for a tentative subdivision map, parcel map, or other housing development donates land to the City that meets the requirements of subsection (C)(1), the applicant shall be entitled to the increased density bonus calculations in subsection (C)(2).
1.
Requirements. An applicant will be entitled to a density bonus if the land donation meets the following requirements:
a.
The land is donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application to the City or to a housing developer approved by the City and by this time the transferred land shall have all permits and approvals, other than building permits, necessary for the development of the very low income housing, with the exception of any design review that would be allowed pursuant to Government Code Section 65583.2(I), as the same may be amended from time to time, if the design has not been reviewed prior to the time of transfer.
b.
The zoning classification and general plan designation of the land is appropriate for affordable housing and the land is or will be served by adequate public facilities and infrastructure.
c.
The transferred land is at least one acre in size or sufficient size to permit development of at least 40 units.
d.
There is appropriate zoning and development standards to make the development of the affordable units feasible.
e.
The transferred land is within the boundary of the proposed development. The applicant may submit a written request to the City to allow the transferred land to be located within ¼ mile of the boundary of the proposed project.
2.
Density Bonus. Land donations made in accordance with subsection (C)(1) shall be entitled to the following density bonus calculation and number of concessions or incentives:
Lower Income Units Percentage | Density Bonus | Incentives or Concessions |
|---|---|---|
10% - 19% | 15% - 24% | 0 |
20% - 29% | 25% - 34% | 0 |
30% + | 35% | 0 |
(Ord. 1163 § 4, 2022)
§ 17.114.070 Incentives and concessions.
A.
Types. As used here, "incentives and concessions" means
1.
A reduction in site development standards or modification of zoning code or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as set out in California Health and Safety Code Section 18901, specifically including reductions in setback requirements, square footage requirements, and parking ratios when those result in identifiable and actual cost reductions that allow the developer to provide for affordable units as defined in Section 17.114.040 above.
2.
Approval of mixed-use zoning if commercial, office, industrial or other land use will reduce the cost of the housing development, are compatible with the housing development and other existing or planned development in the area where the housing development will be located.
3.
Other regulatory incentives or concessions proposed by the developer or City and result in identifiable and actual cost reductions to provide for affordable units or rents as set out in Section 17.114.040 above.
4.
The incentives and concessions are to be provided in addition to any density bonus and reduced parking ratio.
B.
Requirements. The City must grant the incentive or concession unless the City makes a written finding, based upon substantial evidence, as follows:
1.
The incentive or concession will not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in California Health and Safety Code Section 50052.5, or for rents for the targeted units to be set at the applicable affordability levels; or
2.
The incentive or concession would have a specific adverse impact upon public health and safety or 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 development unaffordable to low-income and moderate income households; or
3.
The concession or incentive would be contrary to state or federal law.
C.
Exclusions.
1.
Granting of a concession or incentive shall not require or be interpreted to require a general plan amendment, zone change, study, or discretionary approval.
2.
Except as for the incentive or concession itself or a waiver or reduction, granting of a concession or incentive shall not require the waiver of any local ordinance, including but not limited to those unrelated to development standards. The housing development shall comply with all other applicable provisions of this code.
3.
The City is not required to provide direct financial incentives for the housing development or to waive fees or dedication requirements.
4.
This chapter does not prohibit the City from granting a density bonus greater than that provided for in this chapter and in state law or from granting a lower density bonus to housing developments that do not meet the requirements of this chapter.
(Ord. 1163 § 4, 2022)
§ 17.114.080 Waivers and reductions of development standards.
A.
Request. The applicant also may request a waiver or reduction of development standards. That request does not reduce or increase the number of incentives or concessions to which the developer is entitled.
B.
Requirement. The City may not apply any development standard that will have the effect of physically precluding construction of the housing development which meets the income standards of Section 17.114.040 above with the concessions and incentive permitted.
C.
Exclusions.
1.
The City is not required to waive or reduce development standards if to do so would have a specific, adverse impact, as defined above, for which there is no feasible mitigation or avoid that impact, unless such waiver or modification does not result in identifiable and actual cost reductions to provide for affordable housing costs or would have a specific, adverse impact, upon public health, safety, or the physical environment, and for which there is no feasible method to mitigate or avoid the specific adverse impact.
2.
The City is not required to waive or reduce development standards that would have an adverse impact on any real property listed in the California Register of Historical Resources, or grant any waiver or reduction contrary to state or federal law.
D.
Fees. No affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, may be levied on the affordable units in a density bonus project.
(Ord. 1163 § 4, 2022)
§ 17.114.090 Parking requirements.
If a housing development meets the requirements of 17.114.040, the following parking requirements apply. If the total number of parking spaces for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a housing development may provide onsite parking through tandem parking or uncovered parking, but not through onstreet parking.
A.
General Parking Requirements. Upon an applicant's request, the City may not require more than the following parking ratios for housing developments (inclusive of parking for persons with disabilities):
Studio | 1 space |
1 Bedroom | 1 space |
2 Bedroom | 1.5 spaces |
3 Bedroom | 1.5 spaces |
4 Bedroom | 2.5 Spaces |
B.
Special Parking Requirements. Notwithstanding subsection (A), upon the request of a developer, the City shall not impose a parking ratio, inclusive of parking for persons with a disability and guests, that exceeds the following for specified projects:
Rental or for-sale housing development with at least 11% very lower income or 20% lower income units, within ½ mile of accessible major transit stop. | 0.5 spaces per unit |
For-sale housing development with at least 40% moderate-income units, within ½ mile of a major transit stop, as defined by Public Resources Code Section 21155(b), and where residents of the housing development have unobstructed access to the major transit stop. | 0.5 spaces per bedroom |
Rental housing development that is 100% affordable to lower income households, as defined by Health and Safety Code Section 50079.5, within ½ mile of accessible major transit stop. | 0 spaces per unit |
Rental senior citizen housing development that is 100% affordable to lower income households, either with paratransit service or within ½ mile of accessible bus route (operating at least eight times a day). | 0 spaces per unit |
Rental housing development that is 100% affordable to lower income households that is a special needs housing development, as defined in Health and Safety Code Section 51312. | 0 spaces per unit |
Rental housing development that is 100% affordable to lower income households that is a supportive housing development, as defined in Health and Safety Code Section 5675.14. | 0 spaces per unit |
C.
Effect. The application of the ratios herein does not reduce or increase the number of incentives or concessions to which an applicant is entitled. An applicant may request parking incentives or concessions beyond those provided herein.
D.
Special Needs Parking. Except as otherwise provided, these requirements do not apply to parking for special needs or supportive housing development as described in Government Code Section 65915(p)(4).
E.
City Discretion. The City may reduce or eliminate parking requirements for any development project but is not required to do so.
(Ord. 1163 § 4, 2022)
§ 17.114.100 Childcare facilities.
When an applicant for a housing development includes a childcare facility that meets the requirements in subsection (A)(1) herein, the applicant shall be entitled to the density bonus and concession or incentive in subsection (A)(2):
A.
Requirements. If an application for a housing development is submitted pursuant to this chapter, and includes a childcare facility on the premises of, as part of, or adjacent to, the project, the City shall require as a condition of approval that the following occur:
1.
The childcare 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, pursuant to the State Density Bonus Law.
2.
Of the children who attend the childcare facility, the children of very lower income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very lower income households, lower income households, or families of moderate income, pursuant to the State Density Bonus Law.
B.
Density Bonus and Concessions or Incentives. If a housing development meets the requirements of subsection (A)(1), then 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 childcare facility.
2.
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
C.
Notwithstanding any requirement of this section, the City shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.
(Ord. 1163 § 4, 2022)
§ 17.114.110 Condominium conversions.
To receive a density bonus or concessions or incentives set forth in subsection (A), an applicant shall meet the requirements for condominium conversions set forth in subsection (B).
A.
Requirements. An applicant proposing to convert apartments to condominiums shall meet the following requirements:
1.
A minimum of 33% of the total units of the housing development shall be restricted and affordable to low income or moderate-income households, or
2.
A minimum of 15% of the total units of the housing development shall be restricted and affordable to lower-income households.
B.
Density Bonus or Concessions or Incentives. If an applicant satisfies the conditions in subsection (A), the City shall grant a density bonus or other concessions or incentives of equivalent value. An applicant proposing to convert apartments to condominiums shall be ineligible for a density bonus, concession or incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus, concession or incentives were previously provided under this chapter. A density bonus awarded pursuant to this section shall be equal to a 25% increase in units to be provided within the existing structure or structure proposed for conversion. For concessions or incentives, the City shall not be required to provide cash transfer payments or monetary compensation but may include reductions or waivers of requirements which the City might otherwise apply as conditions of conversion approval.
C.
Nothing in this chapter shall be construed to require the City to approve a proposal to convert apartments to condominiums.
(Ord. 1163 § 4, 2022)
§ 17.114.120 Administration of the density bonus and incentives and concession process.
A.
Continued Availability and Affordability. Before the issuance of any building permit for any dwelling unit in a development for which density bonus units have been awarded or incentives or concessions have been received, the City shall verify that the land use permit application for the residential project includes:
1.
The actual density bonus units, incentives and concessions and waivers and reductions based upon the units actually to be constructed as those shall be adjusted accordingly; and
2.
The applicant shall enter into a written covenant with the City to guarantee the continued affordability of all lower income and restricted occupancy density bonus units as required by Government Code Section 65915. The terms and conditions of that agreement shall be recorded to run with the land for a minimum 55 year period or longer as required by state law, shall be binding on all successors in interest, and shall be approved as to form by the Planning Director and City Attorney.
B.
Processing of Density Bonus Request.
1.
Requests for affordable units shall require approval of a building permit, together with all other permits required by this Code, in compliance with the requirements of this Code, which requirements shall be reviewed and recommended by the Planning Commission, and approved by the Council.
2.
The City shall provide a list of the criteria to be considered in granting a permit under this chapter.
a.
Density Bonus. Criteria to be considered in analyzing a requested density bonus shall include whether the applicant has agreed to construct a development that meets the requirements of this chapter.
b.
Incentives and Concessions. Criteria to be considered in analyzing a requested incentive or concession shall include whether the applicant has provided information demonstrating that the requested incentives, concessions, or waivers will result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code or for rents for the targeted units to be set at the applicable affordability levels and whether an incentive or concession has a specific adverse impact upon health, safety or the physical environment, and whether there is no feasible method to eliminate or mitigate such specific adverse impact.
3.
In the event that the City does not grant at least one financial concession or incentive as defined in Government Code Section 65915 in addition to the density bonus, the City must find that additional concessions or incentives will not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the targeted units to be set at the applicable affordability levels; and there are sufficient provisions to guarantee that the units will remain affordable in the future.
C.
Waiver. If the density bonus, incentives, or concessions cannot be accommodated on a site due to strict compliance with the provisions of Title 17 of the Paramount Municipal Code, the City Council shall waive or modify such development standards, to the extent required by state law, to accommodate the bonus units, incentives, or concessions to which the development would be entitled, unless such waiver or modification does not result in identifiable and actual cost reductions to provide for affordable housing costs or would have a specific, adverse impact upon public health, safety, or the physical environment, and for which there is no feasible method to mitigate or avoid the specific adverse impact.
D.
The Planning Commission's failure or refusal to grant a density bonus may be appealed to the City Council as set out in Section 17.48.050 of the Paramount Municipal Code.
E.
The decision of the City Council on a density bonus, incentives, concessions, or waiver or reductions or parking ratios, is final. The applicant may challenge that determination by the appropriate action with the Superior Court. The City has the burden of proof in any such litigation. If the court finds that the City refused to grant the density bonus, incentive or concession, waiver or reduction or parking ratio in violation of California Government Code Section 65915, it shall award reasonable attorney's fees and costs.
(Ord. 1163 § 4, 2022)
§ 17.114.130 Rental and for-sale limits; affordability covenants.
A.
Except where moderate income units are allowed, rents for lower income density bonus units must be set at affordable rents as defined in California Health and Safety Code Section 50053.
B.
The applicant shall agree to and the City shall enforce affordability covenants for a minimum of 55 years for all low and very low income units for which the developer was granted a density bonus.
C.
For-Sale Units.
1.
The price of the unit must be set at an affordable housing cost for very low, low or moderate income families, as set out in California Health and Safety Code Section 50052.5.
2.
The developer shall agree to and the City shall enforce such affordability requirements for the initial occupants of such units.
3.
If the City has subsidized the for-sale development, the developer and the City shall enter into an equity-sharing agreement as set out in California Government Code Section 65915(c)(2). The City thereafter shall enforce the equity sharing agreement unless here is a conflict with another law or public funding source.
4.
Where the for-sale unit has qualified the applicant for a density bonus, that unit must meet one of the following conditions:
a.
The unit is occupied first by a low-moderate income family or person and the unit is offered at an affordable housing cost and is subject to an equity sharing agreement; or
b.
The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfied the requirements of Revenue and Taxation Code Section 402.1(a)(10) and that includes all of the following: an equity sharing agreement and affordability restrictions on the sale and conveyance of the property that ensure that it will be preserved for lower income housing for at least 45 years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income.
(Ord. 1163 § 4, 2022)
