Article 15.2 — RESIDENTIAL DENSITY BONUS

The purpose of the provisions of this Article is to provide incentives for the production of specific housing types for populations, including, but not limited to, very low income, lower income, moderate income, seniors, transitional foster youth, and lower income students, in accordance with Government Code Section 65915, commonly referred to as the State Density Bonus Law. In enacting this division, it is the intent of the City to facilitate the development of the goals, objectives, and policies of the Housing Element of the City's General Plan.

(Ord. 05-O-2482, eff. 9-16-2005; amd. Ord. 24-O-2894, eff. 6-7-2024)

No developer shall be granted a density bonus or other incentive pursuant to this article unless that developer has been issued a density bonus permit pursuant to the procedures set forth in this article.

(Ord. 05-O-2482, eff. 9-16-2005; amd. Ord. 24-O-2894, eff. 6-7-2024)

Except as otherwise specifically authorized by a density bonus permit, no development shall be constructed pursuant to this article except in compliance with each provision of this chapter that is applicable to the zone in which the development is located, including any requirement for discretionary review of a development project, such as development plan review.

(Ord. 05-O-2482, eff. 9-16-2005; amd. Ord. 24-O-2894, eff. 6-7-2024)

In addition to any other discretionary review required for a proposed housing project, applications for a density bonus permit shall be filed with the director of community development on a form approved by the director. The application shall be filed concurrently with an application for a development plan review. The fee for processing a density bonus permit application shall be determined in accordance with the City's current Comprehensive Schedule of Taxes, Fees, and Charges at the time the application is filed.

(Ord. 05-O-2482, eff. 9-16-2005; amd. Ord. 24-O-2894, eff. 6-7-2024)

A. City staff shall process the application for a density bonus permit in the same manner as, and concurrently with, the application for a development plan review or any discretionary or administrative approval that is required by this Code.

B. The density bonus permit application shall clearly indicate the number of base units allowed by the City general plan and zoning regulations, the number of density bonus units requested, and the number of affordable units that will be included in the proposed project. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios, to the satisfaction of the director of community development.

C. For a housing development qualifying pursuant to the requirements of Government Code Section 65915, the City shall grant a density bonus in an amount specified by Government Code Section 65915. The density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus, except as may otherwise be required by Government Code Section 65915.

D. For the purpose of calculating the density bonus, the "maximum allowable residential density" shall be the greatest density allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, the greatest allowable density for the specific zoning range and land use element of the general plan applicable to the project. If the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide standard for density per acre, the developer shall prepare a base density study to calculate the number of base units pursuant to the provisions of Government Code Section 65915(o)(6).

E. The City shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d) to support not granting the requested concession(s) or incentive(s). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

ings stated in Government Code Section 65915(d) to support not granting the requested concession(s) or incentive(s). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

F. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by adequate information to allow the city to make a determination as to whether requested waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it makes a required finding under Government Code Section 65915 (e). (Ord. 24-O-2894, eff. 6-7-2024)

Prior to the construction of a development project pursuant to a density bonus permit, the developer shall ensure continued affordability of units designated for lower and very low income households to the satisfaction of the city attorney and as required by California Government Code section 65915 or its successor statute. Also prior to the construction of a development project pursuant to a density bonus permit, with regard to dwelling units designated for qualifying senior residents, the developer shall ensure continued restriction of those units to

qualifying senior residents and qualified permanent residents to the satisfaction of the city attorney and as provided in California Civil Code section 51.3 or its successor statute.

Additionally, prior to the issuance of a density bonus permit for a development in which the units will be sold to moderate income households, the developer shall ensure that the initial occupants of such units meet the applicable income limits to the satisfaction of the city attorney and as required by California Government Code section 65915 or its successor statute. In addition, the developer shall ensure that, upon resale, the city recaptures its proportionate share of the appreciation of such units to the satisfaction of the city attorney and as required by California Government Code section 65915 or its successor statute.

(Ord. 24-O-2894, eff. 6-7-2024)

Any decision of the planning commission made pursuant to this article may be appealed by the applicant or any other interested party as provided in title 1, chapter 4, article 1 of this code. (Ord. 24-O-2894, eff. 6-7-2024)

All applications for a density bonus permit shall be processed pursuant to the guidelines for density bonus permit applications as may be adopted by the city council from time to time and maintained on file in the department of community development.

(Ord. 24-O-2894, eff. 6-7-2024)

A. Income restricted affordable housing units shall be offered to households meeting the income qualification and other occupancy requirements, in the order established by the following priority tiers:

1. Tier 1 - Existing occupants of protected units, as defined in Government Code Section 66300.5(h) as it may be amended from time to time, who are lower-income households on a project site and who are displaced by a new development on the same site and are exercising a right of first refusal for a comparable unit in the new housing development, or in any required replacement units associated with a new development that is not a housing development, pursuant to Government Code Section 66300.6(b)(4)(B), as amended from time to time.

2. Tier 2 - Households displaced from a property within the City of Beverly Hills in the past ten years in the following order:

• a. Senior households (62 years and older).

• b. Households with student(s) in 10th grade or lower enrolled in the Beverly Hills Unified School District.

• c. Other displaced households.

3. Tier 3 - Senior Households (62 years and older).

4. Tier 4 - Individuals employed full-time by a public or private entity located and operating in the City of Beverly Hills, and whose primary work location is located within the City of Beverly Hills. For purposes of this section, full-time employment is defined as a minimum average of 130 hours of service per calendar month over a six month period.

5. For purposes of this section, displacement or displaced shall be defined as when persons have permanently vacated their primary housing unit in the City, or are at risk of having to permanently vacate their primary housing unit within the City of Beverly Hills as a result of any of the following:

• a. Demolition of the housing unit due to a new development project on the subject property;

• b. Voluntary vacation of the housing unit related to a new development project on the subject property (for example, accepting cash for keys offer);

• c. Withdrawal of the housing unit from the rental housing market under the Ellis Act;

• d. Involuntary vacation of a housing unit due to a natural disaster such as an earthquake, fire, or flood;

• e. Involuntary vacation of a housing unit as a result of a dangerous condition of the property making the unit

unsafe to occupy on a permanent basis as deemed by the City, including but not limited to, when occupancy is no longer permitted pursuant to California Health and Safety Code regulations relating to a unit or building deemed substandard or uninhabitable.

6. Exceptions:

a. In the event that a density bonus is granted for specific tenants pursuant to State Density Bonus Law

(California Government Code § 65915 (b)(1)(E)) then the tiered list provided in this section shall not be used to fill

the affordable housing units.

b. In the implementation of these priorities, the City shall in no way discriminate against any person or family due to disability or other impermissible basis.

(Ord. 24-O-2894, eff. 6-7-2024; amd. Ord. 24-O-2902, eff. 12-8-2024)