Redondo Beach City Zoning Code
Article
9 Density Bonuses
§ 10-2.2100 Purpose.
The purpose of this section is to encourage the development of affordable housing in accordance with State law. State Density Bonus Law, codified in Government Code Section 65915, et seq., provides that a local government shall grant affordable housing benefits as defined in Section 10-2.2102 of this article, if requested by the applicant and consistent with the applicable requirements of this section, to a developer of a qualified housing development. This "article" establishes the procedural process to implement State Density Bonus Law.
(Ord. 3282-24 c.s., eff. December 12, 2024)
§ 10-2.2101 State law incorporated.
The provisions of this chapter are intended to comply with State Density Bonus Law. In the event that any provision of this chapter conflicts with Government Code Section 65915 or any related State law(s), the State law(s) shall apply.
(Ord. 3282-24 c.s., eff. December 12, 2024)
§ 10-2.2102 Definitions.
The definition of terms shall be as provided in Government Code Section 65915, et seq. In addition, the following definitions shall control over any conflicting definitions in other sections of the Redondo Beach Municipal Code. State law definitions, as they may be amended from time to time, control over the definitions in this section.
(b)
"Applicant" means the applicant or permittee of a qualified housing development and its assignees or successors in interest.
(c)
"Director" means the City's Community Development Director or designee.
(Ord. 3282-24 c.s., eff. December 12, 2024)
§ 10-2.2103 Target rents and mortgage payments.
Target rents and mortgage payments shall be as provided in Government Code Section 65915.
(Ord. 3282-24 c.s., eff. December 12, 2024)
§ 10-2.2104 Affordability requirements and construction of affordable units.
(b)
The affordable units that qualify the project as a qualified housing development must be constructed concurrently with or prior to the construction of any market rate units.
(Ord. 3282-24 c.s., eff. December 12, 2024)
§ 10-2.2105 Application required.
An applicant seeking any affordable housing benefits under this article must comply with all of the following:
(a)
The applicant shall file an application for a Density Bonus Permit on a form approved by the Director concurrently with the applications for any other land use permits or approvals that may be required for the project.
(b)
The applicant shall enter into an agreement with the City pursuant to Section 10-2.2108, to maintain and enforce the affordable housing component of the housing development.
(c)
Contents of application. The application for a Density Bonus Permit shall include the following information:
(1)
A description of the project, including the gross acreage of the parcel(s), the total number of proposed dwelling units, the number of affordable units and level of affordability for each affordable unit proposed to be included in the project, and the location, design, and phasing of all units;
(2)
A breakdown of the current and proposed general plan and zoning designations, and the maximum allowable residential density (as defined in State law);
(3)
In applications involving the donation of land and/or childcare facilities, the location of such land and/or facilities and a detailed description of compliance with the conditions and definitions in State law;
(4)
A calculation of the density bonus allowed pursuant to State law, including the percentage of density bonus, percentage of income-restricted units, and number of density bonus units being proposed over and above the maximum allowable residential density;
(5)
A description of the incentives or concessions requested (if any), including a detailed explanation as to how the request will enable the applicant to provide housing at the target rents or mortgage payments;
(6)
A description of the waivers or reductions of development standards requested (if any), including identification of each specific development standard from which the applicant seeks to deviate and a detailed explanation as to how the application of the development standard would physically preclude the development of a development meeting the eligibility criteria at the densities or with the concessions or incentives permitted by State law;
(7)
The proposed method of ensuring the continued affordability of all income-restricted units, for the applicable time period(s) in State law;
(8)
Other relevant information as required by State law; and
(9)
Other information identified on the City's application form that may be required to ensure compliance with State law.
(d)
An application for a Density Bonus Permit will not be processed until it complies with all of the provisions of this section as determined by the Director and shall be processed concurrently with other required entitlements for the project. Prior to the submittal of an application for a qualified housing development, an applicant may submit to the Director a preliminary proposal for affordable housing benefits.
(e)
Approval of a Density Bonus Permit shall be at the same level as the planning entitlement action for the project with the highest requirement.
(Ord. 3282-24 c.s., eff. December 12, 2024)
§ 10-2.2106 Review of requested affordable housing benefits.
(a)
The City shall grant a density bonus to a qualified housing development in the amount specified by Government Code Section 65915.
(b)
If requested, the City shall grant a parking ratio reduction to a qualified housing development in accordance with the requirements of Government Code Section 65915.
(c)
The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended, to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.
(d)
The City shall grant a requested waiver or reduction of a development standard, unless it finds that:
(1)
The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;
(2)
The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
(3)
The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
(4)
The waiver or reduction of the development standard would be contrary to State or Federal law.
(e)
The granting of any affordabley housing benefit shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval;
(f)
This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City or the waiver of fees or dedication requirement, except as otherwise provided by State law.
(Ord. 3282-24 c.s., eff. December 12, 2024)
§ 10-2.2107 Appeals.
(a)
If the decision to approve or deny an application for an affordable housing benefit is made by the Director of Planning Commission, any person may appeal the decision. The appeal shall be in writing, state the grounds for appeal, and shall be filed with the City Clerk including the applicable fee, within 15 calendar days of the date of the mailing of the Director's decision or Commission hearing date. The decision of the City Council shall be final.
(b)
If the decision to approve or deny an application for an affordable housing benefit is made by the Director or his/her assigned, then an appeal may be filed with the Planning Commission. If the decision is made by Planning Commission, then an appeal may be filed to the City Council.
(c)
Notwithstanding the provisions of Section 10-2.2108, if the determination of the underlying application for the qualified housing development is also appealed along with the decision of the affordable housing benefit, then the entire project shall be controlled by the appeal procedures applicable to the underlying application.
(Ord. 3282-24 c.s., eff. December 12, 2024)
§ 10-2.2108 Affordable housing agreement and equity sharing agreement.
A building permit for a qualified housing development shall only be issued if and when the applicant, or its designee, enters into an affordable housing agreement and, if applicable, an equity sharing agreement, with the City or its designee pursuant to, in compliance with, and to implement this section and State law. The agreements shall be in the form approved by the City which shall contain terms and conditions mandated by, or necessary to implement, State law and this article. The Director may designate a qualified administrator or entity to administer the provisions of this section on behalf of the City. The affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a building permit for any structure on the site. The Director is hereby authorized to enter into the agreements authorized by this section on behalf of the City upon approval of the agreements by City Attorney for legal form and sufficiency.
(Ord. 3282-24 c.s., eff. December 12, 2024)