This chapter establishes procedures to implement the state's Density Bonus Law as set forth in Government Code Section 65915. The incentives in this chapter are used by the city as a means of meeting its commitment to encouraging the provision of affordable housing to all economic groups living within the City.

(Ord. 2911 § 1 (part), 2008)

As used in this chapter, the following terms shall have the following meanings:

"Concessions or other incentives" means a reduction in a site development standard or the modification of a zoning code requirement that results in identifiable, financially sufficient, and actual cost reduction; or, approval of nonresidential land uses in conjunction with the housing project if such other land uses will reduce the cost of the housing development and are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located; or other concession or regulatory incentive that results in identifiable, financially sufficient, and actual cost reduction, as determined by the city in its sole discretion. A concession or other incentive does not include additional density beyond that allowed in this chapter.

"Density bonus" means an increase in density above the otherwise maximum allowable residential density under this title and the land use element of the general plan as of the date the development application for the project is deemed complete.

"Development standard" means any site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. A development standard subject to waiver under this chapter does not include additional density beyond that allowed in this chapter.

"Director" means the director of the city of Whittier department of community development or his/her designee.

"Low-income households" means "lower income households" as that term is defined by Section 50079.5 of the Health and Safety Code.

"Moderate-income households" means "persons and families of low or moderate income" as that term is defined by Section 50093 of the Health and Safety Code.

"Very low-income households" means "very low-income households" as that term is defined by Section 50105 of the Health and Safety Code.

(Ord. 2911 § 1 (part), 2008)

The provisions of this chapter apply only to multifamily residential and mixed-use development projects consisting of five or more dwelling units, not including the units granted as a density bonus.

(Ord. 2911 § 1 (part), 2008)

The amount of the density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable dwelling units meets the percentage established in the following section. When calculating the number of density bonus units allowed, any fraction of a residential unit shall be counted as a whole unit. An applicant may elect to accept a lesser percentage of density bonus units. An applicant may not seek a density bonus greater than that provided in this chapter or by state law.

A.

Density Bonus Requirement. Upon request and application of a developer, the city shall grant a density bonus in accordance with this section if the applicant seeks and agrees to construct one of the following:

1.

At least five percent of the units are dedicated to very low-income households;

2.

At least ten percent of the units are dedicated to low-income and very low-income households;

3.

At least ten percent of the units are dedicated to moderate-income households and are available to the general public for sale; or

4.

A senior citizen housing development as defined by Section 51.3 of the Civil Code.

B.

Inclusionary units required by Section 18.11.040 and alternatives to inclusionary units allowed by Section 18.11.050 shall not count toward the minimum number of affordable units required by Section 18.66.050(A) to qualify for a concession or other incentive under.

C.

Calculation of Density Bonus.

1.

The density bonus for very low-income units shall be calculated in accordance with the following table:

Increase in Allowable Density for Very
Low-Income Units

2.

The density bonus for low-income units shall be calculated as follows:

Increase in Allowable
Density for Low-Income Units

3.

The density bonus for moderate-income ownership units shall be calculated as follows:

Increase in Allowable Density for
Moderate-Income Units

4.

The density bonus for a senior citizen housing development, as defined by Section 51.3 of the Civil Code, shall be twenty percent.

5.

In calculating the number of units required for very low-, low-, and moderate-income households, the density bonus units shall not be included.

D.

Bonuses not Combined. The bonuses that are available under this section shall not be combined.

(Ord. 2911 § 1 (part), 2008)

A.

Concessions and Other Incentives. An applicant who utilizes the density bonus provisions of this chapter may request one or more concessions or other incentives as follows:

1.

One concession or other incentive for projects that include at least five percent of the units for very low-income households, ten percent of the units for low-income households, or ten percent of the units for moderate-income households when the units are available for sale to the public.

2.

Two concessions or other incentives for projects that include at least ten percent of the units for very low-income households, twenty percent of the units for low-income households, or twenty percent of the units for moderate-income households when the units are available for sale to the public.

3.

Three concessions or other incentives for projects that include at least fifteen percent of the units for very low-income households, thirty percent of the units for low-income households, or thirty percent of the units for moderate-income households when the units are available for sale to the public.

B.

Inclusionary units required by Section 18.11.040 and alternatives to inclusionary units allowed by Section 18.11.050 shall not count toward the minimum number of affordable units required by subsection A of this section to qualify for a concession or other incentive under.

C.

Procedure. To obtain concessions or other incentives pursuant to this section, an applicant must apply for an affordable housing concession permit on a form approved by the director. The director shall approve any proposed concessions or other incentives subject to the following findings:

1.

The concession or incentive is required in order for the designated units to be affordable. This finding need not be made for any of the following concessions:

a.

A twenty percent reduction in the required front yard setback.

b.

A twenty percent reduction in the required side yard setback.

c.

A twenty percent reduction in the required rear yard setback.

d.

A five percent increase in maximum building height.

e.

A floor area ratio bonus of five percent.

f.

A ten percent reduction in the minimum required distance between on-site building and structures.

2.

The concession or incentive would not have a specific adverse impact on public health, public safety, or the physical environment, and would not have an adverse impact on a property that is eligible for or has been listed on any local, state or federal register of historic resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact(s), without rendering the development unaffordable to low- and moderate-income households. A specific adverse impact is 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 development application was deemed complete by the city.

(Ord. 2911 § 1 (part), 2008)

A.

Waiver of Development Standards. If compliance with a development standard would preclude construction of a residential or mixed-use project utilizing a density bonus or concession or incentive, pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the housing units economically feasible.

B.

Procedure. To obtain a waiver of development standards pursuant to this section, an applicant must apply for a waiver of development standards permit on a form approved by the director. The director shall approve any proposed waiver of development standards subject to the following findings:

1.

The waiver or reduction in a development standard is required for construction of the development project at the density to which the project is entitled and with all concessions or other incentives approved for the project; and

2.

The waiver or reduction in a development standard is necessary to make the housing units economically feasible; and

3.

The waiver or reduction in a development standard will not have a specific adverse impact on public health, public safety, or the physical environment, and will not have an adverse impact on a property that is eligible for or has been listed on any state or federal register of historic resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households.

(Ord. 2911 § 1 (part), 2008)

A.

Floor Area Bonus or Concession for Inclusion of Child Day-Care Facility. An applicant for a development project that complies with the density bonus requirement of this chapter and that also includes a child day-care center that will be located on the premises of, as part of, or adjacent to, the project may request one additional bonus or concession from among the following:

1.

Additional net floor area for housing units that is equal to or greater than the net floor area in the child day-care center; or

2.

A concession that contributes significantly to the economic feasibility of the construction of the child day-care center, in addition to a concession granted for designated dwelling unit.

B.

Procedure. To obtain a floor area bonus or concession for inclusion of child day-care facility pursuant to this section, an applicant must apply for a child-care bonus or concession permit on a form approved by the director. The director shall approve any proposed bonus or concession or other incentives subject to the following findings:

1.

The bonus or concession would contribute significantly to the economic feasibility of the construction of the child day-care center; and

2.

The bonus or concession would not have a specific adverse impact on public health, public safety, or the physical environment, and would not have an adverse impact on a property that is eligible for or has been listed on any state or federal register of historic resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households. A specific adverse impact is 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.

C.

Conditions of Approval. Child-care bonus or concession permits shall be subject to the following conditions:

1.

The child day-care center shall remain in operation for a period of time that is equal to or longer than the period during which the designated dwelling units are required to be affordable; and

2.

Of the children who attend the child day-care center, the children of very low-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 low- or low-income households or families of moderate income.

D.

Notwithstanding any other provision of this section, the director shall not approve any proposed bonus or concession or other incentives for a child day-care facility if there is substantial evidence that the local community already has adequate child care facilities.

(Ord. 2911 § 1 (part), 2008)

A.

Bonus for Donation of Land. An applicant requesting approval of a tentative tract or parcel map or other residential development approval who donates land to the city shall be entitled to a density bonus for the entire development above the density allowable under this title and the land use element of the general plan.

B.

Requirements for Bonus. The following requirements must be met to be eligible for a density bonus pursuant to this section:

1.

The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

2.

The developable acreage and zoning classification of the land being transferred shall be sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent of the number of residential units of the proposed development.

3.

The transferred land shall be at least one acre in size or of sufficient size to permit development of at least forty units, subject to an appropriate general plan designation, appropriately zoned for development as affordable housing, and served by or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than concept design review and building permits, necessary for development of the very low-income housing units on the transferred land.

4.

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units, consistent with Section 18.66.100.

5.

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

6.

The transferred land shall be within the boundary of the proposed development or, with approval of the director, within one-quarter mile of the boundary of the proposed development. Notwithstanding the foregoing, the director may agree to the transferred land being more than one-quarter mile of the boundary of the proposed development.

C.

Density Bonus of Up to Thirty-Five Percent. The density bonus for donation of land for very low-income units shall be calculated as follows:

Increase in Allowable Density for Donation

D.

Bonuses May be Combined. A bonus for the donation of land may be combined with a bonus granted under Section 18.66.040.

(Ord. 2911 § 1 (part), 2008)

A.

An applicant that meets the minimum requirements of Section 18.66.040(A) shall be granted, upon request, the following alternative parking requirements:

B.

If the total number of parking spaces required for the development is other than a whole number, the number shall be rounded up to the next whole number. A development may provide on-site parking through tandem parking or uncovered parking on the project site.

C.

Except as expressly provided for in this section or state law, all residential development shall comply with the parking requirements and standards found in Chapter 18.48.

(Ord. 2911 § 1 (part), 2008)

A.

Low and Very Low-Income—Covenant for Thirty Years. A covenant or other document satisfactory to the city attorney shall be recorded before issuance of a building permit, which shall ensure that the low- and very low-income density bonus units are at all times rented or sold to, and remain affordable at, the applicable income level for at least thirty years.

B.

Moderate-Income—Recapture of Financial Interest. A covenant or other document satisfactory to the city attorney shall be recorded before issuance of a building permit, which shall ensure that the moderate-income density bonus units are initially occupied by persons or families at a moderate-income level. Moderate-income units may be offered for subsequent sale to an above-moderate income purchaser; provided that the sale shall result in a recapture by the city, or its designee, of a financial interest in the unit equal to the sum of:

1.

The difference between the initial moderate income level sales price and the appraised value at the time of the initial sale; and

2.

A proportionate share of any appreciation.

C.

Forfeiture of Funds. Any individual who rents a unit in violation of this chapter shall be required to forfeit all rents above the applicable affordable rate; any individual who sells a unit in violation of this chapter shall be required to forfeit all profits from the sale exceeding the difference between the sale price and the applicable affordable sales price. Recovered funds shall be deposited in to the city's affordable housing trust fund.

(Ord. 2911 § 1 (part), 2008)

The city manager or her/his designee may adopt administrative procedures for implementation of this chapter.

(Ord. 2911 § 1 (part), 2008)