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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 Page 2 (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. l� fT119� ��I � n�. ♦9 �1�/ ■: �.. �.qi �gitiis.. �.! l9�iTli� } �' (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 Page 2 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 Page 2 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 Page 2 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 Page 2 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 Page 2 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 Page 2 (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 VWV2 ME MAW m am 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