Ordinance - 2250S
ORDINANCE NO.2250
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO RELATED TO
DENSITY BONUS STANDARDS IN THE LOW -AND MODERATE -
INCOME AND SENIOR CITIZEN HOUSING SECTION OF THE
MUNICIPAL CODE
WHEREAS, on July 23, 2013, the Planning Commission initiated a' code amendment
related to Density Bonus Standards in the Low -and Moderate -Income and Senior Citizen
Housing Section of the Municipal Code; and
WHEREAS, the Planning Commission did on the 27th day of August, 2013, conduct a
duly advertised public hearing as prescribed by law, at which time the Planning Commission
adopted Resolution No. 12-5533 recommending to the City Council approval of Code
Amendment No. 13-06; and
WHEREAS, the City Council considered evidence . presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the I" day of October, 2013; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal
the. following facts:
1. The Housing Element Update for the 51h Cycle (2014 — 2021) requires the City to address
several State required density bonus standards.
2. The California State Department of Housing and Community Development (HCD)
requires the aforementioned issues to be addressed to receive certification of the Housing
Element.
3. To complete the Housing Element Update process in an efficient manner, it is appropriate
to simultaneously review the code amendment that will be required by the adoption of the
Housing Element Update.
4. Pursuant to the California Environmental Quality Act (CEQA) of 1970, an addendum to
the 2008-2014 Housing Element Update Mitigated Negative Declaration has been
prepared. This addendum demonstrates that the environmental analysis, impacts, and
mitigations identified in the Mitigated Negative Declaration for the 2008-2014 Housing
Element Update remain substantively unchanged in the 2014-2021 Housing Element
Update.
NOW THEREFORE, the City Council of the City of West Covina does ordain as
follows:
SECTION NO..1: Based on the evidence presented and the findings set forth, Code
Amendment No. 13-06 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof.
SECTION NO. 2: Based on the evidence presented and the findings set forth, the City
Council of the City of West Covina approves. Code Amendment No. 13-06 to amend Chapter 26
(Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A", attached hereto
and incorporated herein by reference.
SECTION NO. 3: This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be. declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid
Ordinance No. 2250
Page 2
APPROVED AND ADOPTED on this 151" day of October 2013.
ATTEST:
City Clerk La ie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the I" day of October 2013. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 15t' day
of October 2013, by the following vote:
AYES: Herfert, McIntyre, Sotelo, Sykes, Sanderson
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk L urie Carric /
APPROVED AS TO FORM:
414 1A -/ '��
Uly Attorney old Alvarez-Glasman
Ordinance No. 2250
Page 2
EXHIBIT "A"
DIVISION 6. LOW -AND MODERATE -INCOME AND SENIOR CITIZEN HOUSING
Sec. 26-676. - Purpose.
The purpose of this division is to provide incentives to developers to provide housing for the
very low; low or moderate income and lowerineeme and senior citizen households, and to developers who donate land or provides child
day care facilities to implement Government Code _Section 65915. and also emphasize
to assist in aehieving the goals and implemei4ing the polieies of the Housing Element of
General Plan and Compfehensive Hettsing Assistanee Strategy. -
Sec. 26-677. - Definitions.
(a) Affordable housing costs shall mean monthly housing expenses expressed as a proportion
of gross monthly income that can be reasonably allocated for this purpose. Housing costs for
rental dwelling units shall include (1) monthly rent, and (2) a reasonable allowance for utilities.
Housing costs for "for -sale" dwelling units shall include the sum of the actual or projected
monthly payments for (1) principal and interest on a mortgage loan, including any loan insurance
fees, (2) property taxes and assessments, (3) fire and casualty insurance, (4) property
maintenance and repairs, (5) homeowners association fees (if any), and (6) a reasonable
allowance for utilities. For households of the following income levels, affordable housing costs
shall not exceed the following limits:
(1) Very low-income households: 30 percent of 50 percent of the area
median income for Los Angeles County, adjusted for household size, multiplied b< n �.
(30 pefee t) and- divided by twelve (12).
(2) Lower -income households: 30 percent of 70 percent r xty '6n' pef nt of the area
median income for Los Angeles County, adjusted for household size, multiplied by- n 3
(30 per- eno and- divided by twelve (12).
(3) Moderate -income households: 35 percent of 110 percent of the area median income
for Los Angeles County, divided by twelve (12).
(b) Affordable sales price shall mean a sales price at which very low-income and lower -
income households can qualify for the purchase of target units, calculated on the basis of
underwriting standards of mortgage financing available for the housing development.
() Affordable unit means a dwelling unit within a residential development which will be
reserved for sale or rent to very low, low, or moderate -income households at an affordable
sales price or affordable rents in a manner to qualify the residential development for a
density bonus under this chapter.
(d) Area median income means area median income for Los Angeles County as
published by the State of California pursuant to California code of Regulations, Title 25,
Section 6932, or successor provision.
e Child care facility means a child day care facility, other than a family day care home
including, but not limited to, infant centers, preschools, extended day care facilities, and
school age child day care centers.
Ordinance No, 2250
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(f) Common interest development means housinE that qualifies as a common interest
development under Civil Code section 1551, such as condominiums and housing
cooperatives, provided that all units in the development are offered to the public for
purchase.
(eg) Density bonus shall mean an increase over the otherwise maximum allowable residential
density as established under the existing or proposed multiple -family residential zoning
designation and general plan land use designation.
•,
(th) Density bonus housing agreement shall mean a legally binding agreement between a
developer and the City of West Covina and/or the City of West Covina redevelopment agency to
ensure that the requirements of this division are satisfied. The agreement, among other things,
shall establish (1) the number, size, and location of target units, (2) terms and conditions of
affordability, and (3) production schedule.
(i) Density bonus units means those units that are built due to a grant of a density bonus
and which exceed the otherwise maximum allowable residential density for the
development site.
(i) Eligible household means a household that satisfies the size and income
requirements applicable to an affordable unit.
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(hk) Eligible Housing development shall means a development proiect for five or more
residential units; a proiect to substantially rehabilitate and convert an existing commercial
building to residential use; or the substantial rehabilitation of an existing multifamily
dwelling as defined in Government Code section 65863.4(d), where the result of the
rehabilitation would create a net increase in residential units. ene ef ffiefe gfeiips Promos
.�.
- .
(j1) Household, ll,ower-income household sha4 means a households whose income does not
exceed the ' ZWiQLP' _ r lower -income households limits applicable to Los Angeles
Ordinance No. 2250
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County ,
Department of Housing and Communit
y
(lam) Incentives shall mean regulatory concessions including, but not necessarily limited to,
the modification of site development standards or zoning code requirements; the modification of
otherwise required public works improvements or other on -site or off -site physical
improvements, and/or direct financial assistance that would result in identifiable cost avoidances
or reductions.
(Ln) Incentives, additional shall mean incentives granted in addition to the incentives required
to be granted pursuant to Government Code Section 65915(b).
(o) Mandated operating period means a period of at least 30 years during which the
affordable units, the qualified child care facility, or the senior citizen housing development
is operated in accordance with the requirements of state law and this Chapter.
(p) Moderate income household means households whose income does exceed the
moderate income limits applicable to the Los Angeles County, as published and
periodically updated by the State Department of Housing and Community Development
pursuant to Health and Safety Code Section 50093.
(ng) Qua!64ng—;=eat Senior citizen housing development means a housing
development of at least 35 units as defined in Civil Code section 51.3, or a mobile home
park that limits' residency based on age requirements for housing for older person
pursuant to Civil Code section 798.76 or 799.5. shall meEm senior eitize s c otherper-sons
eligible to feside in senief eitizenhettsing.THY 1 C1C t l Vlwith
itlJVMIeY eiti a housing
units,
be defined as persons age fifty five (55) yeafs or- elder. in eet��etien with senier ei
heusing develepments eafisisting of less than ene hundfed fifty (150) dwelling units, seflief
eitizen shall b defined as pefsens o sixty twe yeafs elder
(er) Senior citizen housing shall mean a housing development consistent with the California
Fair Employment and Housing Act (Government Code.Section 12900 et. seq., including 12955.9
in particular), which has been "designed to meet the physical and social needs of senior citizens,"
and which otherwise qualifies as "housing for older persons" as that phrase is used in the Federal
Fair Housing Amendments Act (42 U.S.C. 3607(b)) and implementing regulations and as that
phrase is used in California Civil Code Section 51.2 and 51.3.
(s) Specific adverse impact means a "specific adverse impact" as defined in Government
Code -section 65589.5.
(t) State Law means California Government Code section 65915 through 65918.
(u) Substantial rehabilitation means the rehabilitation of dwelling units including
correction of code violations, Title 24 upgrades, seismic rehabilitation (where appropriate)
and accessibility upgrades such that the units is returned to the City's housing supply as
decent, safe and sanitary housing. The minimum cost threshold for substantial
rehabilitation is $40,000 per unit, which shall be adiusted each calendar year, beginning in
2014, to account for the cumulative change in the Consumer Price Index published for Los
Angeles County, or if such index is no longer published, such equivalent index as shall be
selected by the Planning Director.
(Pv_) Target units shall mean those dwelling units within a housing development that are
produced in exchange for a density bonus 'and/or other incentives, including dwelling units that
Ordinance No. 2250
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will be reserved for sale or rent to very low-income households, lower -income households,
and/or qualifying residents pursuant to the -terms of a density bonus housing agreement.
(w) Very low income household means households whose income does not exceed the
very low income limits applicable to Los Angeles County, as published and periodically
updated by the State Department of Housing and Community Development pursuant to
Health and Safety Code section 50105.
Sec. 26-678. - Density be edi fie do f de ele �t stars other-„
n, a , dI11GGlltil1vG J.
Pro aect Eligibility.
A housing development with at least rive -dwelling units is eligible to receive a density bonus
and incentives or concession if it satisfies one of the following requirements:
(a) At least ten percent of the total dwelling units, prior to the grant of the density
bonus, are reserved for lower income households;
(b) At least five percent of the total dwelling units, prior to the grant of the density
bonus, are reserved for very low income households;
(c) The development qualifies as a common interest development and at least ten
percent of the total dwelling units,,prior to the grant of a density bonus, are reserved for
moderate income households;
(d) The development is a condominium conversion and: (a) at least 15 percent of the
total dwelling units are reserved for low income households; or (b) at least 33 percent of the
total units are reserved for moderate income households, or
(e) The development is a senior citizen housing development.
WAVRpV_q" DI
Sec. 26-678.1. - Mandatory density bonuses.
(a) Eligible projects shall receive density bonuses equal to the bonus required to satisfy
State law, as shown in the following table:
Ordinance No. 2250
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Very Low
5%
20%
2.5%
35%
Income
Low Income
10%
20%
1.5%
35%
Moderate-
10%
5%
1%
35%
Income
Common
Interest
Development
Senior Citizen
N/A
20%
N/A
20%
Housing
Development
(b) All density calculations resulting in fractional units shall be rounded up to the next
whole number.
(c) Density bonus units shall not be included when determining the number of
affordable units necessary to qualify fora density bonus.
(d) For the purposes of any provisions in this Chapter, an applicant may elect to accept
a lesser percentage of density bonus than that to which the housing development is eligible.
e) For the purpose of calculating a density bonus, the dwelling units shall be on
contiguous sites that are the subiect of one development application, but do not have to be
based upon individual subdivision maps or parcels. The density bonus shall be permitted
in izeographic areas of the housing development other than the areas where the affordable
units are located.
(f) For the purpose of this Chapter, the "total units" or "total dwelling units" in a
housing development does include those units added by any density bonus.
(e) The granting of a density bonus or incentive or concession pursuant to this Chapter
shall not be interpreted, in and of itself, to require an amendment of the general plan, a
specific plan, a zoning ordinance or other discretionary approval.
Densitv Bonus Housing Agreement. A density bonus housing agreement shall be
recorded against any property receiving a density bonus or which will provide affordable
housing pursuant to this Chapter. The agreement shall be recorded at the earliest time
possible, but in all events, prior to issuing a building permit, or in the case of subdivisions,
rior to approving a final ma
�` -
Ordinance No. 2250
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Ing
Kra PrTMIRETIM Mr. M
Sec. 26-678.2. - Discretionary density bonuses.
(a) Intent. In providing opportunities for the granting of density bonuses in excess of those
specified in section 26-678.1, it is the city's intent to be of further meaningful assistance to
promoting the development of housing to meet the diverse housing needs of the community. This
notwithstanding, proposals for discretionary density bonuses shall be carefully reviewed and
considered and may only be granted where standards set forth under subsection (b) have been
determined to be met.
(b) Determination of discretionary density bonuses. Rather than utilizing a specific formula,
the determination of whether and at what level to grant a discretionary density bonus shall be
based on a case -by -case evaluation of proposed housing developments. The factors to be
considered in this evaluation shall include, but are not limited to:
(1) The type and extent of target units being proposed.
(2) That the density bonus is necessary to make the project economically feasible.
(3) That the proposed housing will help fulfill the housing needs of the community as
established within the housing element of the general plan.
(4) That the housing development reflects high standards in the quality of design and
provision of amenities.
(5) That the proposed housing development ` is compatible with the surrounding
neighborhood.,
(c) A density bonus of greater than twefA�thir -five (235) percent above the otherwise
allowable density, but in no case greater than one hundred (100) percent as allowed in each
income cateszory in Section 26-678.1, may be
agree to provide the following types of housii
with all other provisions of this division.
granted at the city's discretion to applicants that
g, .provided said housing developments comply
(31) Greater than fifty (50) percent of the total dwelling units reserved for qualifying
residents (senior citizens); or
(42) Any combination of dwelling units, meeting or exceeding the minimum percentages
specified in section 26-678.1, reserved for and affordable to very low-income households,
reserved for and affordable to lower -income households, and reserved for qualifying
residents (senior citizens).
(d) A density bonus of greater than tythir -five (235) percent above the otherwise
allowable density, but in no case greater than two hundred (200) percent, may be granted at the
city's discretion to applicants that agree to provide any combination of dwelling units where all
Ordinance No. 2250
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of the units are reserved for and affordable to very low-income households and/or lower -income
households.
Sec. 26-678.3. — Concessions and Incentives.
(a) Concession or Incentive means any of the following:
(la) A reduction in a site development - standard or a modification of zoning code .
requirements or architectural design requirements that exceed the minimum
building standards approved by the California Building Commission as provided in
Health and Safety Code Section 18901, et seq. This includes, but is not limited to, a
reduction in setback and square footage of vehicular parking spaces that would
otherwise be required that result in identifiable, financially sufficient, and actual
cost reductions. �-19-ueveloprneneligible te be ganted a�==R==nu4cly uc::s-.;'
granted;
hewe-,�ef, the final detefmination shall be made by the planning eenimission.
and Safky Code.
(2b) Approval of mixed use zoning in conjunction with the housing project if
commercial, office, industrial, or other land uses will reduce the cost of the housing
development and if the commercial, office, industrial, or other land uses are
compatible with the housing proiect and the existing or planned development in the
area where the proposed housing project will be located. in addi+;^„ to the „.evisi
of subsee4ion (a); housing developmepAs that afe eligible to be granted a defisity bonus
diser-etionary basis. Additional ineen4ives may only be gam-Ated top thea extent detennined
neeessafy to eader a hettsitig develepmet4 eeonemi""t le. T„ enti ve that ; elve
J J gfaf"d when it has
been detefmined that U11 111 J<V Ulllt UllV J \ J
will ne
substantially eem . pf!ofnise the pfopef utilization and fitnetioning of the site for- reside
•
(3e) Other regulatory incentives or concessions proposed by the developer or the City_
that result in an identifiable, financially sufficient, and actual cost reductions.
laeefAives may inelud , but shall + neeessar-ily be limited + the f tt,.,. in .
b
Ordinance No. 2250
Page 2
(b) Under no circumstances shall the City be required to grant, as a concession or
incentive, public land, a waiver of fees, a waiver of dedication requirements, or direct
financial incentives for the housing development.
(c) Eligible residential developments shall receive concession(s) in a number to satisfy
the minimum requirements of state law as follows:
Number of Concession or Incentives
Level of Affordability
1
5% affordable to very low
income
households (rental units)
10% affordable to lower
income
households (rental units)
10% affordable to moderate
income
households (common
interest
development)
2
10% affordable to very low
income
households (rental units)
20% affordable to lower
income
households (rental units)
20% affordable to moderate
income
households (common
interest
development)
3
'
15% affordable to very low
income
households (rental units)
30% affordable to lower
income
households (rental units)
30% affordable to moderate
income
households (common
interest
development)
(d) For purposes of this calculation, each individual deviation from the zoning
requirements, rules, or other standards or conditions of the City shall constitute a separate
concession However, a variation in one standard or requirement shall constitute only one
concession if, by necessity, the one variation results in the automatic and unavoidable
variation in a second standard.
(e) Concessions shall not be provided to a development which obtains its entire density
bonus entitlements through a qualifying land dedication.
(f) Findings to Deny Incentive or Concession. The City shall grant the incentive or
concession requested by the applicant unless the City makes a written finding based upon
substantial evidence of any of the following:
(1) The incentive or concession is not required in order to provide for affordable
housing costs or for affordable rents for the restricted units: or
(2) The concession or incentive would have a specific adverse impact, as defined in
Government Code section 65589 5, 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- and moderate -income households; or
(3) The incentive or concession would be contrary to state or federal law.
Ordinance No. 2250
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(g) Developer Affordable Housing Agreement
(1) Applications requesting a density bonus shall agree to enter into a density bonus
housing agreement with the City. The terms of the draft agreement shall be
reviewed and revised as appropriate by the Planning Director, who shall formulate.
a recommendation to the Planning Commission for final approval. A density bonus
housing agreement shall be made a condition of the discretionary planning permits
for all housing developments pursuant to this Chapter and shall be recorded as a
restriction on any parcels on which the affordable units or density bonus units will
be. constructed.
(2) The density bonus housing agreement shall be recorded prior to final tract or parcel
map approval, or, where the housing development does not include a map, prior to
issuance of a building permit for any structure in the housing development. The
density bonus housing agreement shall run with the land and bind future owners
and successors in interest.
Sec. 26-678.4. - Speeffie ineentives fef senief eitizen hetising. Waivers.
a) An applicant may submit to the City_ a proposal for the waiver or reduction of
development standards that will have the effect of physically precluding the construction of
a development meeting the criteria of Section 26-678 at the densities or with the concession
or incentives permitted under this Chapter. The applicant may request a meeting with the
Citv.
(b) The City shall not waive or reduce development standards if the waiver or reduction
would:
(1) Have a specific adverse impact, as defined in paragraph (2) of subdivision. (d) of
Government Code Section 65589.5, upon public health and safety or the physical
environment.
(2) Be contrary to state or federal law.
PWRIPIPM
(3) The pfopesed -e limit fef fesidents (i.e. fifly five (55) yeafs er- sixty Ove ('62"
Ordinance No. 2250
Page 2
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Sec. 26-678.5. - . Parking Incentives and
Minimum Unit Size.
Upon written request by the applicant for a housing development meeting the criteria for a
density bonus under section 26-678:3 of this Chapter, the City shall not require a vehicular
parking ratio that exceeds the fololowing:
(a) Zero to one bedroom units: One onsite parking space.
(b) Two (2) to three (3) bedroom units: Two (2) onsite parking spaces.
(c) Four (4) and more bedroom units: Two and one-half (2-%) parking spaces.
Guest parking and handicapped parking shall be included within the maximum number of
spaces that may be required If the total number of parking spaces required for a housing
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 on -street parking.
For purposes of this Chapter, the parking ratios set forth in this section shall be deemed a
concession or incentive available to the applicant under Section 26-678.3. '`TetMthsta
the pfevisions of Division 4, Affiele V!, ef this Chapter (Vafianees and Slight Medifleatiens)-1
ineentives that entail medifieations ef devel"ment sta-adaf-As established undef this ehaptef
P
(d) Modification of minimum dwelling unit size. The otherwise required minimum
dwelling unit sizes may be reduced, but in no case shall they be reduced to less than the
following standards:
Studio unit (i)
One bedroom 00
500 sauare feet
575 square feet
Ordinance No. 2250
Page 2
Two bedrooms (iii) ; 650 square feet
_ .� �..._ .._.
- �__ �..: -- .........
The determination of the reduced unit sizes shall take into consideration the following
factors:
(1) The overall efficiency of proposed floor plans.
(2) The availability and size of private and common open space, and other on -site
recreational and community facilities.
Sec. 26-679. Avoliention oroeedures. Child Care Facility
(a) The City shall grant an additional density bonus or an additional concession to a
proiect that is eligible to receive a density bonus and incentives or concessions_ under
Section 26-678 if it provides a qualified day care facility that will be located on the premises
of, as part of, or adiacent to the proposed proiect. Hlettsing devel,,pffle„ s that ifieludee
dwelling units utilizing the density bentis andlef ineenti . . s of this div* Ily
(b) The City shall decide whether it provides an additional density bonus or an
additional concession pursuant to this Section. If an additional density bonus is provided,
the additional residential area shall be equal to the square footage of the qualified child
care facility. If a concession is provided, it shall contribute significantly to the economic
feasibility of the construction of the qualified child care facility. ^ ""Beat ""s � r
(c) The City shall not be obligated to grant the additional density bonus or provide an
additional concession if it finds, pursuant to Government Code Section 65915(h)(3), that
the City has adequate child care facilities. Wier- te submitting"Beat e
Ordinance No. 2250
Page 2
(d) A regulatory agreement shall be recorded against any property receiving a density
bonus or concession for the construction of a child care. The agreement shall be recorded
at the earliest time possible, but in all events, prior to issuing a building permit, or in the
case of subdivision, prior to approving a final map. 'Within ninety rom days of .-e eipt ei a
pfeliffiinafy proposal, the eity shall pfevide an app! e-Ant. vvith a letter- that idef4ifies the
pr-eeedufes tha4 the eity ,A4!1 t4i!4e to apply the previsions ef this division te the proposed
hettsing development. Te the extent feasible a�d pfaetieable, stieh letter- shall also identify M+Y
issues ef eeneem r-egafding the pfoposed pr-ojeet and its. design, afid the extefA ef density beni
shall be adviseeir, onI
—.1y, and shall in no way eefistittAe a binding eemmitment en behalf ef the
Sec. 26-680. - Development and design standaMs.-Land Donation
(a) When an applicant for a housing development of five (5) or more dwelling units
donates land to the City as provided in this Section, the applicant shall be entitled to a
fifteen (15) percent increase above the otherwise allowable residential density permitted in
the applicable zone For each one (1) percent increase above the minimum ten (10)
percent land donation described in Government Code section 65915(g), the density bonus
shall be increased one (1) percent, up to a maximum of thirty-five (35) percent. This
increase shall be in addition to any increase in density mandated by Section 26-678.1, up to
a maximum combined mandated density increase of 35 percent if an applicant seeks an
increase pursuant to both this subdivision and Section 26-678.1. All density calculations
resulting in fractional units shall be rounded up to the next whole number. For- housing
developments that inelude both tEffget units and nenfestfieted t1flits, the tafget tmits shall
and amenities frem ether- is in the de of men4.
(b) To qualify for the additional density bonus described in subsection (a) of this
Section, the donation in land must meet all the of the following criteria:
(1) The tentative may, subdivision map, parcel map, or other residential development
must otherwise be subiect to a density bonus pursuant to Section 26-678.1 of this
Chapter; and
(2) The land must be transferred no later than the date of the approval of the final
subdivision map, parcel map, or housing development application;. and
(3) The developable acreage and zoning classification of the land being transferred must
be sufficient to permit construction of dwelling units affordable to very low income
households in an amount not less than ten percent (10%) of the total number of
market rate dwelling units in the proposed development (i.e., the proposed
development before the addition of any density bonus); and
Ordinance No. 2250
Page 2
(4) The donated land is at least one acre in size or is large enough to permit
development of at least forty (40 ) units, has the appropriate general plan land use
designation, has the appropriate zoning and development standards for affordable
housing and, at the time of project approval is, or at the time of construction will be,
served by adequate public facilities and infrastructure; and
(5) No later than the date of approval of the final map, parcel map, or other
development application for the housing development, the donated land must have
all of the applicable permits and approvals (other than building permits) necessary
for the development of the very low income housing units on the donated land,
` except that the City may subject the proposed housing development to subsequent
design review to the extent authorized by California Government Code Section
65583.2 subsection (1) if the design is not reviewed by the City prior to the time of
transfer; and
(6) The donated land is subiect to a deed restriction ensuring continued affordability of
the very low income units consistent with subsection 26-678.1 of this Chapter, which
deed restriction shall be recorded upon the donated property at the time of its
transfer; and
(7) The land will be transferred to the City, or to a housing developer approved by
the City. The City reserves the right to require the applicant to identify a developer
and to require that the land be transferred to that developer, and
.(8) No later than the date of approval of the final map, parcel map, or other
development application for the housing development, a proposed source of funding
for the construction of the very low income units shall be identified.
Nothing in this Section shall be construed to enlarge or diminish the authority of the City
to require a developer to donate land as a condition of development. Tftrget units shall be
develepment,
(c) A regulatory agreement shall be recorded against any property receiving a
supplemental density bonus for a donation of land. The agreement shall be recorded at the
earliest time possible, but in all events, prior to issuing a building permit, or in the case of
subdivisions, prior to approving a final may. The pr-ejeet shall be designed to be
a sense f l t' I t, t • l d l l, .,,• e „ttie 1 t'III design elements.
�+
the __ J
Sec. 26-681. - Standafds end er-itefia.-Processing of Density bonus and Incentive Applications.
rrss�
(a) Unless waived by the Planning Director, a preliminary application shall be
submitted prior to the submittal of any formal development application for a housing
project that includes a request for a density bonus and/or concession. The preliminary
application shall include the following information:
The applicant who
one of the categories identified ij
density bonuses and concessions.
Ordinance No. 2250
Page 2
(2) A brief description of the proposal including the total number of units prior to the
grant of a density bonus, the number of density bonus units, and the number of
affordable units;
(3) The zoning and general plan designations and assessor's parcel number(s) for the
project site,
(4) A site plan, drawn to scale, which includes: building footprints, driveway and
parking layout, existing topographic contours and proposed grading; and
(5) A letter identifying what specific density bonus, and/or concession are being
requested and the basis on which the project qualifies for a density bonus. met
(30) years (or- a longer pefied ef time if fequifed by the eefistfuletiofi of fnaftgage
units shall remain affer-dable to the designated gfeup(s) fef. peried of thitty
a:fa,►iic•,�,i.��i„ra�nJ�i�=+fifimb-ld=
(b) The Planning Department shall provide to an applicant/developer, a letter that
identifies project issues of concern and the procedures for compliance with this Chapter.
T t units shall st« to .ill a r-da ,lo_to the designated � « (s)
e o L11C UC�l/.,�11ULCU �1VU�J\ / V«
(c)
Formal
application
The following
information shall be included with the
development
application(s)
required
for the
In density bonuses .,.,,a�„«
project: eases whefe
(-)
period
of yeafs than
..r,ee._._-.. --_
s._-...-------- \=i --
(1) Housing developments that include dwelling units utilizing the density bonus and/or
incentive provision of this division may only be permitted sub'ect the to granting of
a conditional use permit pursuant to the provisions of sections 26-246 through 26-
260 of this chapter.
(2) A legal description of the total site proposed for development of the affordable units
including proposed zoning;
(3) A letter signed by the applicant stating the specific density bonus, incentives, or
concessions (e.g., standards modifications, additional density bonus, or fee waiver,
etc) are being requested from the City;
(4) Site plans, designating the total number of units proposed on the site, including the
number and location of affordable and density bonus dwelling units, and supporting
plans per the application submittal requirement;
(5) In the case of a request for an incentive or concession, evidence that the incentive or
concession is required in order to provide for affordable housing costs, as defined in
Health and Safety code section 50052 5, or for rents for the target units to be set as
specified in Section 26-682 If the Planning Director determines that additional
Ordinance No. 2250
Page 2
information or special skill is required to review, assess, or verify the developer's
financial data and calculations, the Planning Director may request to engage an
outside consultant, at the applicant's expense, to perform that required review,
assessment, or verification;
(6) If a waiver is requested, evidence that the development standard if not waive or
reduced will have the effect of precluding the construction of the development at the
densities or with the concessions or incentives permitted by this Chapter;
(7) Upon written submissions seeking relaxed parking requirements prior to the time
the application is deemed or declared complete, the City shall not require parking
that exceed the requirements of Government Code Section 65915(p);
(8) Such other information as may be reasonably required by the City to evaluate the
application, including additional requirements that are needed to evaluate protects
offering qualifying land dedications.
(d) Once deemed complete, a density bonus or regulatory incentive application shall be
processed, and determinations made thereon, by the decision -making authority at the same
time that applications for related permits and approvals for the underlying housing
development are processed and acted upon. A density bonus or regulatory incentive
application shall be processed and heard concurrently with applications for the pro iect's
other required entitlements. in et the maximum aff— r�o housing O
vrciavr� n.......�...b
units,
used* unless the housing development is s4lieet te diffefent assumpfiens. impesed by other-
the fbilewing heuseheld a -ad unit size assumptions shall be
(e) To the extent allowed by
tar -get units shall be marketed so as to pr-o,,,-.d—e prior-itly,
eon ideration to familees that reside in the City of West Covina.
Sec. 26-682. - Density bonus housing agreement.
(a) Prior to the granting of a density bonus, concession, or waiver under this Chapter, a
Density Bonus Housing Agreement shall be recorded againstthe relevant property that
binds the owner's successors and assigns. " '' `1u �b est density ` it e shall ` faft
and agFee te en4er- ifAe a ' density bonus heusing agreement with the eity. The tefffis of the draft
fermttla4e a r-eeemmendation to the planning eemmission for- final appfeval. The agreement sh
(b) Provisions common to all Density Bonus Housing Agreements. Except as provided
below, a Density Bonus Housing Agreement shall: Fellowing exeeutien of the b" ee ent- '
J
the eenstfuefien of tafget units. The approval and feeefdatien shall take plaee'prier- to final map
> >
pafeels er- Units. The Ed i heusing agreement shall be binding to all f4tufe ewnefs
sueeesser-s in 4v st
Ordinance No. 2250
Page 2
(1) Bind the relevant property or properties for a period equaling or exceeding the
mandated operating period;
(2) Require compliance with the terms of state law, this Chapter, and all other
applicable statues, ordinances, regulations and covenants running with the land;
(3) Provide the City with reports, monitoring procedures, and enforcement methods
(including legal actions permitting the recovery of attorney fees) to assure
compliance with the preceding obligations; and
(4) Provide reimbursement to the City for its expenses whether those expenses arise on
a recurring or nonrecurring basis.
(5) Housing bonus density agreement may also contain other requirements to protect
neighborhoods and the public interest which do not impair the intent or purposes of
this Chapter or state law.
(c) Density Bonus Housing agreements for Developments with Affordable Units shall:
The density bonus L.ouRi.,.. .mot shall inelude at least the fell.,...;.,..•
(1) Set forth the number of affordable units, their size, location, and production
schedule: The total numbef of units appr-oved for- the housing deyel.,„„ en4 inelud:... tl,o
(2) Require that affordable units be made available to eligible households at an
affordable rent or affordable housing cost based on household size appropriate for
the affordable unit; A deseription of the household ineeme to —be
aeeofnmeda4ed--by the housing— development mt-he standafds dete ff the
(3) Prohibit an eligible household from renting or subletting an affordable unit; The
loea4ion, unit sizes (squafe feet), and nuffibef of bedfeems of tafget units.
(4) Limit sale of units reserved for low and very -low income households to affordable
sales made to eligible households (until the mandated operating period
lapse
(5) Ensure continued affordability of all low- and very low income units that qualified
the applicant for the award of the density bonus concession for 30 years or a longer
period of time if required by the construction or mortgage financing assistance
program, mortgage insurance program, or rental subsidy program. ^ se>1ed le "
(6) Ensure that the initial occupant of moderate -income units that are directly related
to the receipt of the density bonus in a common interest development are persons
and families of moderate income and that the units are offered at an affordable
housing cost;
.(7) Control sales of moderate -income condominiums to provide the City with a share of
the sale proceeds to achieve the equity -sharing arrangement required by
Government Code Section 65915(c)(2); and A desefiptien of he measti es to be
employed to provide pfiefity eensidefatien fef the sale of r-efftal of tafget units to families
tl- t residethe City of West Covina-.
(8) Place a deed of trust on affordable for -sale units to assure that the City obtains any
required equitv-sharing payment and, for other for -sale units, to place a deed of
Ordinance No. 2250
Page 2
trust to secure performance of all obligations imposed by this Chapter and state law.
A management plan, ineluding seeufity pfevisions, housing gfetind rules, tenant sele
, sf"iuvv-ccieu��3) Yuiiiiiig iuv..i.i..s,
and (il) eemmen atie nl and eefumunity faeilities.
(d) Regulatory Agreements for Developments with Qualifying Land Dedications shall:
in the ease of fer- sale housing developments, the density bei�ms heusing agy-eement shall pr-ov'
,;1:eable use estfietien ,er-id-
(1) Ensure that the applicant has proposed a development for very low-income
households that will provide sufficient affordable units to satisfy the applicable
density bonus reguirements;get�ini�,''�
qualifiedresidentsa as senief •t: o heusing) as defined in the as
senief ^itiz n housing.
(2) Guarantee that all permits and plans, with the exception of building permits,
required for development of the very low income units on the transferred land have
received full approval not later than. the date of approval of the final subdivision
map, parcel map, or residential development application; Tafget units shag bo
(3) Require that a qualified contractor, acceptable to the City, has committed to build
the development at the cost proposed by the applicant;
sale of the tafget units in aeeefdanee with this or-dinanee dtifing the applieable use
restrie4i6n period. Sueh iastftunent ef agfeement sha'=ibe r-eeefded against the pafeel
enstife eentiflued eemplianee with this division and the State Density Bentis Law.
(4) Subject the affordable units and transferred land to a deed restriction, which shall
assure that the development is operated in accordance with Civil Code section 51.3,
or if the development is a mobile home park, that is operates in accordance with
Civil Code sections 798.76 or 799.5.
(e) Regulatory Agreements for Development with Qualified Child Care Facilities shall:
in the ease of fental housing developments, the density benus housing agreement shall pr-avide
t nits A --jig I
(1) Require that the Child Care Facility provide care for child of very low, low, or
moderate -income households for a period of time during which the affordable units
are required to remain affordable under this Section ;T" --' ^�a --«^^o a"«o�
qualifying ♦ nts establishing afF «,lablo ent fill; „a maintainingt « t
units fef qualified ,
(2) Require that the children of very low, low, and moderate income households
attending Child Care Facility shall equal a percentage that is equal to or greater
than the percentage of dwelling units that are required for very low income
households, lower income households, or families of moderate income pursuant to
Section 26-678. Provisions n maintain books
� D 4 «:f:> tenant +r+nvzuco end u+nt
,l .l 4 .l onst 4 l • anee withthis i v`l+.'
r
Ordinance No. 2250
Page 2
(3) Provide financial or other guarantees to assure the continued operation of the day
care facility during the mandated operating period. Provisions r- aer-s to
Sec. 26-682.5 — Fees and Expenses.
(a) The City may charge fees to recover any and all expenses associated with
administering the programs required by this Chapter and in performing the functions
associated with Density Bonus Housing Agreements.
Sec. 26-682.10 — Interpretation and Enforcement.
(a) Upon written submissions seeking replaced parking requirements prior to the time
that the application for is deemed or declared complete, the City shall require parking that
exceeds the requirements of Government Code Section 65915(p). If the number of
required parking spaces pursuant to Government Code Section 65915(p) is other than a
whole number, the number shall be rounded up to the next whole number.
(b) This Chapter implements Government Code Section 65915-65918. In the event that
these sections are amended, those amended provision shall be incorporated into this
Chapter. Should any inconsistencies exist between the amended state law and the
provision set forth herein, state law shall prevail. Until the Code is formally amended to
eliminate any such inconsistencies the Planning Director shall maintain an explanation of
all such amendments which shall be distributed as part of the density bonus regulations.
(c) This Chapter and the density bonus regulations are to be construed and applied by
the City in a manner that avoid conflicts with other applicable laws, including state law.
No provision of this Chapter or the density bonus regulations shall be applied if it would
result in a violation of state or federal law. Further, no provision of the regulations shall be
applied in a manner that conflicts with the lawful provisions of this Chapter.
(d) The City may institute any appropriate legal actions or proceedings necessary to
ensure compliance herewith, including but not limited to action to revoke, deny or suspend
any permit or development approval.
CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No
A.250
was duly enacted
and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C.
36933), at the following locations:
West Covina City Clerk's Office (3rd floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Susan Rush, Assistant City Clerk
Posted: AA, 20 V