Burbank Municipal Code Div. 5 Affordable Housing Incentives

The following words or phrases as used in this Division shall have the following meanings. These definitions shall apply only within this Division and shall not apply to other Divisions of this Chapter. In the event of a conflict between the definitions in this Section and the definitions of Section 10-1-203, these definitions shall prevail.

ACCESSIBLE HOUSING UNIT: Means for purposes of receiving an inclusionary housing credit, an accessible housing unit must be a fully built handicapped unit during time of construction with standards in excess of California Building Code Chapter 11A requirements.

ADAPTIVE REUSE: Means conversion of all or part of a previously non-residential structure to residential use. For example, conversion of second story office space in the downtown to residential lofts would be Adaptive Reuse.

AFFORDABLE HOUSING FUND: Means a separate fund for deposit of In-Lieu Housing Fees, and other sources as applicable, as defined under Section 10-1-690.1 of this Division.

AFFORDABLE OWNERSHIP HOUSING COST: Means the Total Housing Costs paid by a qualifying household, which shall not exceed a specified fraction of their gross income as specified in California Health and Safety Code Section 50052.5.

AFFORDABLE RENT: Means the Total Housing Costs, including a reasonable utility allowance, paid by a qualifying household, which shall not exceed a specified fraction of their gross income as specified in California Health and Safety Code Section 50053. Affordable Unit means a dwelling unit within a Housing Development which will be reserved for, and restricted to, Very Low Income Households or Low Income Households at an Affordable Rent or is reserved for sale to a moderate income household at an Affordable Purchase Price.

AFFORDABLE PURCHASE PRICE: Means the purchase price for an Affordable Unit for Moderate Income Households that is calculated so that the total monthly housing cost does not exceed the Affordable Ownership Housing Cost.

AFFORDABLE UNIT: Means a dwelling unit within a Housing Development which will be reserved for sale or rent to, and is made available at an Affordable Rent or Affordable Ownership Cost to, very low, low, or moderate-income households, or is a unit in a Senior Citizen Housing Development.

AREA MEDIAN INCOME: Means area median income for Los Angeles County as published pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision.

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 care centers.

CONDOMINIUM PROJECT: Means a Housing Development as defined in subdivision (f) of Section 1351 of the Civil Code, but not including the conversion of existing rental apartments to condominiums.

DENSITY BONUS: Means a density increase over the Maximum residential density, in the manner set forth in Section 10-1-635.

DENSITY BONUS HOUSING AGREEMENT: Means a recorded agreement between a developer and the City as described in Section 10-1-642 of this Division to ensure that the requirements of this Division are satisfied. The agreement, among other things, shall establish the number of Affordable Units, their size, location of the Affordable Units within the Housing Development, terms and conditions of affordability, and production schedule.

DENSITY BONUS UNITS: Means those residential units granted pursuant to the provisions of this Division which exceed the otherwise allowable maximum residential density for the development site.

DEVELOPMENT AGREEMENT: Means an agreement entered into between the city and a developer pursuant to Section 65864 of the California Government Code, and under the authority vested in the Council pursuant to Section 10-1-1997 of the Burbank Municipal Code.

DEVELOPMENT STANDARD: Means any site or construction condition that applies to a Housing Development pursuant to this Chapter. “Site and construction conditions” means standards that specify, control, or regulate the physical development of a site and buildings on the site in a Housing Development.

DIRECTOR: Means the Director of the Community Development Department of the City, or the designee or designees of such person, or such other persons as may be designated by the City Manager.

DISCRETIONARY APPROVAL: Means any entitlement or approval as in Title 10 of the Municipal Code, including but not limited to a Conditional Use Permit, Variance, and subdivision map. Housing Development means one (1) or more groups of projects for residential units constructed or to be constructed in the City for sale or for rent. For the purposes of this Division, “HOUSING DEVELOPMENT” also includes a subdivision, planned unit development, or Condominium Project, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of residential units.

HOUSEHOLD INCOME LEVELS: VERY LOW, LOW AND MODERATE: Means households whose gross incomes do not exceed the qualifying very low, low and moderate income limits established in Section 6932 of the California Code of Regulations, and amended periodically based on the U.S. Department of Housing and Urban Development (HUD) estimate of median income in the Los Angeles-Long Beach Primary Metropolitan Statistical Area, and as adjusted by the State Department of Housing and Community Development (HCD). Pursuant to Code Sections 6926, 6928 and 6930, these income limits are equivalent to the following:

Very low income household: 50 percent of area median income, adjusted for household size appropriate for the unit and other factors determined by State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

Low income household: 80 percent of area median income, adjusted for household size appropriate for the unit and other factors determined by State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

Moderate income households: 120 percent of area median income adjusted for household size appropriate for the unit and other factors determined by State Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code.

HOUSING DEVELOPMENT: Means one (1) or more groups of projects for residential units constructed or to be constructed in the City for sale or for rent. For the purposes of this Division, HOUSING DEVELOPMENT also includes a subdivision, planned unit development, or Condominium Project, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of residential units.

HOUSING UNITS: Shall mean the total number of residential units in a Housing Development, including the Affordable Units and the Market Rate Units.

INCENTIVES or concessions are defined in Section 10-1-640.

INCLUSIONARY HOUSING AGREEMENT: Means a legally binding agreement between a developer and the city which sets forth those provisions necessary to ensure fulfillment of the requirements of this Division, whether through the provision of Inclusionary Units or through an alternative method.

INCLUSIONARY UNIT: Means a dwelling unit offered for rent or sale to Very Low, Low or Moderate Income households, at an Affordable Rent or Affordable Ownership Housing cost, pursuant to this Division.

IN-LIEU FEE: Means a fee paid to the City by a developer subject to this Chapter in-lieu of providing the required Inclusionary Units.

MARKET RATE UNIT/S: Means all unit/s within a Housing Development excluding the Affordable Units.

MAXIMUM RESIDENTIAL DENSITY: Means the maximum number of residential units permitted by this Chapter and the Land Use Element of the General Plan on the date an application for a Density Bonus and Incentives or Concessions is deemed complete, prior to the application of the Density Bonus pursuant to this Division.

OFF-SITE UNIT: Means an Inclusionary Unit that will be built separately or at a different location(s) than the main Residential Development, in accordance with the standards.

ON-SITE UNIT: Means an Inclusionary Unit that will be built as part of the main Residential Development, in accordance with the standards.

QUALIFYING RESIDENT: Means senior citizens or other persons eligible to reside in a Senior Citizen Housing Development.

PLANNED DEVELOPMENT: Means a development (other than a community apartment project, a Condominium Project, or a stock cooperative) having either or both of the following features:

1. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.

2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance with Section 1367 or 1367.1 of the California Civil Code. As used in this Division, Planned Development is not development created by Planned Development zoning pursuant to Division 10 of Article 19 of this Chapter.

RESIDENTIAL DEVELOPMENT: Refers to projects involving new construction of residential dwelling units, inclusive of mixed use developments, Adaptive Reuse, and Substantial Rehabilitation involving a net increase in dwelling units, subject to the provisions of this Division.

SENIOR CITIZEN HOUSING DEVELOPMENT: Means a Housing Development as defined in California Civil Code Section 51.3.

SUBSTANTIAL REHABILITATION: Means the rehabilitation of a dwelling unit(s) including correction of code violations, Title 24 upgrades, seismic rehabilitation (where appropriate), and accessibility upgrades such that the unit 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, as that amount may be adjusted for inflation pursuant to the Inclusionary Housing Implementing Regulations.

TOTAL HOUSING COSTS: Means the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs include the monthly rent payment and utilities. For an ownership unit, total housing costs include the mortgage payment (principal and interest), utilities, homeowner’s association dues, taxes mortgage insurance and any other related assessments. [Newly Added by Ord. No. 3693, eff. 5/6/06; Repeated by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-48; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05.]

In accordance with Chapter 4.3 Section 65915 et seq. of the California Government Code, this Division is intended to provide incentives for the production of housing for very low, low income, and senior households and for the production of for-sale housing for moderate income households residing in condominium and Planned Development projects. In enacting this Division, it is also the intent of the City of Burbank to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City’s housing element. Section 10-1-633 through 10-1-643 shall hereafter be referred to as the “Density Bonus Ordinance”. [Newly Added by Ord. No. 3693, eff. 5/6/06; Formerly numbered Section 31-49; Amended by Ord. No. 3535, eff. 1/29/00; 3439, 3139, 3058, 2836, 2727, 2386, 2371; Deleted by Ord. No. 3676, eff. 8/16/05.]

A. The City shall grant a Density Bonus to a developer of a Housing Development of five (5) or more dwelling units who seeks a Density Bonus in accordance with this Division and agrees to construct at least one of the following:

1. Ten percent of the total units of the Housing Development as Affordable Units affordable to low income households; or

2. Five percent of the total units of the Housing Development as Affordable Units affordable to very low income households; or

3. A Senior Citizen Housing Development; or

4. Ten percent of the total units of a newly constructed Condominium Project or Planned Development as Affordable Units which are affordable to moderate income households.

B. In determining the number of Density Bonus Units to be granted pursuant to Subsection (A) of this Section, the maximum residential density for the site shall be multiplied by 0.20 for Subsections (1), (2), and (3) and 0.05 for Subsection (4), unless a lesser number is selected by the developer.

1. For each one percent increase above ten percent in the percentage of units affordable to low income households, the Density Bonus shall be increased by 1.5 percent up to a maximum of 35 percent.

2. For each one percent increase above five percent in the percentage of units affordable to very low income households, the Density Bonus shall be increased by 2.5 percent up to a maximum of 35 percent.

3. For each one percent increase above ten percent of the percentage of units affordable to moderate-income households, the Density Bonus shall be increased by one percent up to a maximum of 35 percent.

When calculating the number of permitted Density Bonus Units, any calculations resulting in fractional units shall be rounded to the next larger integer.

C. The Density Bonus Units shall not be included when determining the number of Affordable Units required to qualify for a Density Bonus. When calculating the required number of Affordable Units, any calculations resulting in fractional units shall be rounded to the next larger integer.

D. The developer may request a lesser Density Bonus than the project is entitled to, but no reduction will be permitted in the number of required Affordable Units pursuant to Subsection (A) above. Regardless of the number of Affordable Units, no Housing Development may be entitled to a Density Bonus of more than 35 percent.

E. Subject to the findings included in Section 10-1-641, when a developer seeks a Density Bonus, the City shall grant incentives or concessions listed in Section 10-1-641 as follows:

1. One (1) incentive or concession for projects that include at least ten percent of the total units for low income households, at least five percent for very low income households, or at least ten percent for persons and families of moderate income in a condominium or Planned Development.

2. Two (2) incentives or concessions for projects that include at least 20 percent of the total units for low income households, at least ten percent for very low income households, or at least 20 percent for persons and families of moderate income in a condominium or Planned Development.

3. Three (3) incentives or concessions for projects that include at least 30 percent of the total units for low income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a condominium or Planned Development.

F. A Housing Development may be entitled to more than one (1) Density Bonus, but in no event can the total Density Bonus for any Housing Development exceed 35 percent. For example, if a Developer provides ten percent of the Housing Units for Low Income Households and an additional five percent Very Low Income, Developer shall be entitled to two (2) Density Bonuses. Multiple Density Bonuses will only be allowed where the affordable units are separately and independently counted; however, in any event, the maximum Density Bonus for any Housing Development is 35 percent.

G. In accordance with state law, neither the granting of a concession or incentive nor the granting of a Density Bonus shall be interpreted, in and of itself, to require a General Plan Amendment, zoning change, or other discretionary approval.

H. If the Director makes any of the findings set forth in Government Code Section 65915 (d)(1), the written findings shall be provided to the developer, who may within 20 days of the postmarked findings, appeal the decision to the Planning Commission in accordance with Section 10-1-1907.2. [Newly Added by Ord. No. 3693, eff. 5/6/06; Formerly numbered Section 31-50; Amended by Ord. No. 25-4,024, eff. 4/11/25; 3535, 3439, 3255, 3150, 3139, 3058, 2725, 2640, 2616, 2529, 2387, 2386, 2371; Deleted by Ord. No. 3676, eff. 8/16/05.]

A. When a developer of a Housing Development of five (5) or more dwelling units donates land to the City as provided for in this Section, the developer shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable Zoning Ordinance and land use element of the general plan for the entire development. For each one percent increase above the minimum ten percent land donation described in Subsection (B)(2) of this Section, the Density Bonus shall be increased by one percent, up to a maximum of 35 percent. This increase shall be in addition to any increase in density allowed by Section 10-1-635, up to a maximum combined Density Bonus of 35 percent if a developer seeks both the increase required pursuant to this Section and Section 10-1-635. When calculating the number of permitted Density Bonus Units, any calculations resulting in fractional units shall be rounded to the next larger integer.

B. A Housing Development shall be eligible for the Density Bonus described in this Section if the City makes all of the following findings:

1. The developer will donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or other development application for the Housing Development.

2. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent of the number of residential units of the proposed development, or will permit construction of a greater percentage of units if proposed by the developer.

3. The transferred land is at least one (1) acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as very low income housing, and will, at the time of transfer or at the time of construction, be served by adequate public facilities and infrastructure at no cost to the City. The land must also be appropriately zoned and have the appropriate Development Standards to make the development of the very low income units feasible. No later than the date of approval of the final subdivision map, parcel map, or other development application for the Housing Development, the transferred land will have all of the permits and approvals, other than building permits, necessary for the development of the very low income Housing Units on the transferred land.

4. The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this Division, which restriction will be recorded on the property at the time of dedication.

5. The land will be transferred to the City, the Redevelopment Agency, or to a housing developer approved by the City.

C. Denial of requested land donations can be appealed in accordance with Section 10-1-635(H). [Newly Added by Ord. No. 3693, eff. 5/6/06; Added by Ord. No. 3139; Formerly numbered Section 31-50.1; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05.]

A. When a developer proposes to construct a Housing Development that includes Affordable Units as specified in Section 10-1-635 and includes a Child Care Facility that will be located on the premises of, as part of, or adjacent to the Housing Development, the City shall grant either of the following if requested by the developer:

1. An additional Density Bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the Child Care Facility.

2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the Child Care Facility.

B. A Housing Development shall be eligible for the Density Bonus or concession described in this Section if the City makes all of the following findings:

1. The Child Care Facility will remain in operation for a period of time that is as long as or longer than the period of time during which the Affordable Units are required to remain affordable pursuant to Section 10-1-639 of this Division.

2. Of the children who attend the Child Care Facility, the percentage of children of very low income households, low income households, or moderate income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low income households, low income households, or moderate income households.

C. Notwithstanding any requirement of this Section, the City shall not be required to provide a Density Bonus or concession for a Child Care Facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities. [Newly Added by Ord. No. 3693; eff. 5/6/06; Formerly numbered Section 31-51; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676.]

Any developer converting condominiums of a Housing Development of five (5) units or more who seeks a Density Bonus, shall make such application in conjunction with its tract map application pursuant to the Subdivision Map Act and this code and consistent with Government Code Section 65915.5. Any appeal of any concession or incentive or review by Planning Commission or Council, shall automatically require an appeal of the underlying map to that body. [Newly Added by Ord. No. 3693, eff. 5/6/06; Formerly numbered Section 31-52; Amended by Ord. No. 22-3,983, eff. 12/16/22; 3640, 3633, 3491, 3488, 3267, 3200, 3181, 3159, 3157, 3150, 3145, 3120, 3109, 3058, 2915, 2598, 2416, 2194; Deleted by Ord. No. 3676, eff. 8/16/05.]

A. Affordable Units shall be constructed concurrently with Market Rate Units or pursuant to a schedule included in the Density Bonus Housing Agreement.

B. Affordable Units offered for rent to for low income and very low income households shall be made available for rent at an affordable rent and shall remain restricted and affordable to the designated income group for a minimum period of 30 years. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the housing development. Affordable Units targeted to Low Income Households and/or Very Low Income Households will not meet the requirements for rental inclusionary units contained in Division 5 of this Article unless they remain restricted and affordable for 55 years pursuant to Section 10-1-651(C). The Director is authorized to execute the necessary agreement which shall be prepared by the City Attorney

C. Affordable Units offered for sale to moderate income households in condominiums and Planned Developments shall be sold by the developer of the housing development at a price that does not exceed the Affordable Purchase Price. At the time of the sale of an Affordable Unit from the developer of the Housing Development to the initial purchaser, the purchaser shall execute a promissory note secured by a subordinate deed of trust in favor of the City. The promissory note shall require payment, upon resale of the unit, the difference between the market rate price of the Affordable Unit at time of the purchaser’s purchase of the Affordable Unit and the Affordable purchase price, and a proportionate share of the appreciation. Upon a resale, the seller of the unit shall retain the market value at the time of sale of any capital improvements made by the seller, the down payment, and the seller’s proportionate share of appreciation. The City’s proportion of the share of appreciation shall be equal to the percentage by which the Affordable Purchase Price was less than the fair market value of the Affordable Unit at the time of the initial sale.

D. Affordable Units shall be built on site, and shall be dispersed within the housing development. The number of bedrooms of the Affordable Units shall be equivalent to the bedroom mix of the non-Affordable Units of the housing development, except that the developer may include a higher proportion of Affordable Units with more bedrooms. The design and appearance of the Affordable Units shall be compatible with the design of the overall housing development. Housing developments shall comply with all applicable Development Standards, except those which may be modified as provided by this Division.

E. 1. Upon the request of the developer, the City shall permit a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of Section 10-1-635 at the following ratios:

a. Zero to one (1) bedrooms: one (1) onsite parking space.

b. Two (2) to three (3) bedrooms: two (2) onsite parking spaces.

c. Four (4) and more bedrooms: two and one-half (2 1/2) parking spaces.

2. 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 only, a housing development may provide “onsite parking” through tandem parking or uncovered parking, but not through on-street parking.

F. The Director is authorized to execute the necessary agreement which shall be prepared by the City Attorney. The agreement shall set forth affordability restrictions and granted a concession and incentive once approved and appealed, if applicable. [Newly Added by Ord. No. 3693; eff. 5/6/06; Formerly numbered Section 31-53; Renumbered by Ord. No. 3058; Amended by Ord. No. 3587, eff. 11/3/01; 3190, 3017; Deleted by Ord. No. 3676, eff. 8/16/05.]

A. Incentives or concessions that may be requested pursuant to Section 10-1-635 and Section 10-1-637 may include the following:

1. A reduction of site Development Standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code and which result in identifiable, financially sufficient, and actual cost reductions, including, but not limited to:

a. Reduced minimum lot sizes and/or dimensions.

b. Reduced minimum lot setbacks.

c. Reduced minimum outdoor and/or private outdoor living area.

d. Increased maximum lot coverage.

e. Increased maximum building height and/or stories.

f. Reduced minimum building separation requirements.

g. Reduced street standards, such as reduced minimum street widths.

2. Approval of mixed use zoning in conjunction with the Housing Development if non-residential land uses will reduce the cost of the Housing Development and if the City finds that the proposed non-residential uses are compatible with the Housing Development and with existing or Planned Development in the area where the proposed Housing Development will be located.

3. Deferred development impact fees (e.g., capital facilities, parkland in-lieu, park facilities, fire, or traffic impact fees).

4. Expedited processing of application.

5. Incentives pursuant to an Inclusionary Housing Development Standard Ordinance in Title 10 including off-site construction of Affordable Units, provided that the necessary findings required under that Ordinance are made;

6. Other regulatory incentives or concessions proposed by the Developer or the City which result in identifiable, financially sufficient, and actual cost reductions.

B. Developers may seek a waiver or modification of Development Standards that will have the effect of precluding the construction of a Housing Development meeting the criteria of Section 10-1-635 at the densities or with the concessions or incentives permitted by this Division. The Developer shall show that the waiver or modification is necessary to make the Housing Development, with the Affordable Units, economically feasible.

C. The Director shall establish implementing procedures or regulations to implement the provisions of this part, including application form requirements as well as the processing requests for certain concession and incentives (“Implementing Regulations”). The Regulations, and any substantive changes thereto, shall be subject to approval by the Council by resolution. The Implementing Regulations may provide more specific detail regarding the Incentives or Concessions that the City may grant pursuant to this Division. The Regulations shall provide a tiered approval process for the Incentives and Concessions based upon the level of review: administrative approval by the Director, approval by the Planning Commission, or approval by the City Council. The Regulations shall establish which Incentives or Concessions require which tier of approval. The City Clerk shall maintain a copy of the current Implementing Regulations.

D. If the Director makes any of the findings set forth in Government Code Section 65915(d)(1) or (e), the written finding shall be provided to developer who may within 20 days of the postmarked findings, appeal the decision to the Planning Commission in accordance with Section 10-1-1907.2. [Newly Added by Ord. No. 3693, eff. 5/6/06. Amended by Ord. 25-4,024, eff. 4/11/25; 22-3,983; Formerly numbered Section 31-54; renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05.]

A. An application for a Density Bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this Division shall be submitted with the first application for approval of a Housing Development and processed concurrently with all other applications required for the Housing Development. To the extent feasible, a developer may submit its application for a Density Bonus and Incentives or Concessions with its Inclusionary Housing Plan in accordance with Division 14 of this Article in the event Division 14 is applicable to the Housing Development. The application shall be submitted on a form provided by the City Planner and shall include all information required on the Implementing Regulations. The Development Review (“DR”) Application shall be processed together with the concession and incentives and no DR shall be final until such concession and incentives have been final. Appeal of concession and incentives shall comply with DR appeal procedures.

B. An application for a Density Bonus, Incentive or Concession, waiver, modification, or revised parking standard pursuant to this Division shall be considered by and acted upon by the approval body with authority to approve the Housing Development. Any decision regarding a Density Bonus, Incentive or Concession, waiver, modification, or revised parking standard may be appealed as provided in Sections 10-1-1907.1 et seq.

C. Before approving an application for a Density Bonus, Incentive or Concession, or other waiver, or modification, the approval body, whether the Director, Planning Commission, or Council, shall make the following findings:

1. If the Density Bonus is based all or in part on donation of land, the findings included in Section 10-1-636.

2. If the Density Bonus, incentive, or concession is based all or in part on the inclusion of a Child Care Facility, the findings included in Section 10-1-637.

3. If the incentive or concession includes mixed use development, the finding included in Section 10-1-640.

4. If a waiver or modification is requested, the developer has shown that the waiver or modification is necessary to make the Housing Development with the Affordable Units economically feasible.

D. If a request for an Incentive or Concession is otherwise consistent with this Division, the approval body may deny a concession or incentive if it makes a written finding, based upon substantial evidence, of either of the following:

1. The concession or incentive is not required to provide for Affordable Rents or affordable ownership costs.

2. The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and 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. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

E. If a request for a waiver or modification other than required Incentives or Concessions is otherwise consistent with this Division, the approval body may deny a concession or incentive only if it makes a written finding, based upon substantial evidence, of one of the following:

1. The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and 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. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

2. The additional waiver(s) or modification(s) would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

3. The additional waiver(s) or modification(s) do not preclude the use of the Density Bonus and granted Incentives or Concessions.

F. If a Density Bonus or Incentive or Concession is based on the provision of child care facilities, the approval body may deny the bonus or concession if it finds, based on substantial evidence, that the City already has adequate child care facilities. [Newly Added by Ord. No. 3693, eff. 5/6/06; Formerly numbered Section 31-55; Amended by Ord. No. 25-4,024, eff. 4/11/25; 22-3,983, 3535, 3439, 3139, 3058, 2836, 2727, 2386, 2371; Deleted Ord. No. 3676, eff. 8/16/05.]

A. Developers requesting a Density Bonus shall agree to enter into a Density Bonus Housing Agreement with the City. A Density Bonus Housing Agreement shall be made a condition of the discretionary planning permits for all Housing Developments pursuant to this Division and shall be recorded as a restriction on any parcels on which the Affordable Units or Density Bonus Units will be constructed.

B. The Density Bonus Housing Agreement shall be recorded prior to final 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 on all future owners and successors in interest.

C. The Density Bonus Housing Agreement shall include but not be limited to the following:

1. The total number of units approved for the Housing Development, the number, location, and level of affordability of Affordable Units, and the number of Density Bonus Units.

2. Standards for determining Affordable Rent or Affordable Ownership Cost for the Affordable Units.

3. The location, unit size in square feet, and number of bedrooms of Affordable Units.

4. Provisions to ensure affordability in accordance with Sections 10-1-639 of this Division.

5. A schedule for completion and occupancy of Affordable Units in relation to construction of Market Rate Units.

6. A description of any incentives, concessions, waivers, or reductions being provided by the City.

7. A description of remedies for breach of the agreement by either party. The City may identify tenants or qualified purchasers as third party beneficiaries under the agreement.

8. Procedures for qualifying tenants and prospective purchasers of Affordable Units.

9. Other provisions to ensure implementation and compliance with this Article.

D. In the case of for-sale Housing Developments, the Density Bonus Housing Agreement shall include the following conditions governing the sale and use of Affordable Units during the applicable use restriction period:

1. Affordable Units shall be owner-occupied by eligible moderate income households.

2. The purchaser of each Affordable Unit shall execute an affordable housing agreement, inclusive of the promissory note and deed of trust described in Section 10-1-639 approved by the City and to be recorded against the parcel including such provisions as the City may require to ensure continued compliance with this Division.

E. In the case of rental Housing Developments, the Density Bonus Housing Agreement shall provide for the following:

1. Procedures for establishing Affordable Rent, filling vacancies, and maintaining Affordable Units for eligible tenants;

2. Provisions requiring verification of household incomes.

3. Provisions requiring maintenance of records to demonstrate compliance with this subsection.

F. Density Bonus Housing Agreements for child care facilities and land dedication shall ensure continued compliance with all conditions included in Section 10-1-636 and 10-1-637, respectively. [Newly Added by Ord. No. 3693, eff. 5/6/06; Formerly numbered Section 31-56; Amended by Ord. No. 3535, eff. 1/29/00; 3439, 3255, 3150, 3139, 3058, 2725, 2683, 2640, 2616, 2588, 2529, 2387, 2386, 2371; Deleted by Ord. No. 3676, eff. 8/16/05.]

This Division implements Chapter 4.3, Density Bonuses and other incentives, Government Code Sections 65915-65918. In the event these sections are amended, those amended provisions shall be incorporated into this Division. Should any inconsistencies exist between the amended state law and the provisions set forth herein, the amended state law shall prevail. Until the Code is formally amended to eliminate any such inconsistencies, the City Planner shall maintain an explanation of all such amendments. A copy of that document shall further be available at the City Clerk’s Office. [Newly Added by Ord. No. 3693, eff. 5/6/06; Added by Ord. No. 3139; Formerly numbered Section 31-56.1; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/06.]

The purpose of provisions 10-1-644 through 10-1-655 (hereafter the “Inclusionary Ordinance”) is to:

A. Encourage the development and availability of housing affordable to a broad range of households with varying income levels consistent with the City’s Housing Element.

B. Increase the supply of affordable housing in conjunction with market rate housing development.

C. Establish a regulatory tool to facilitate private sector development and/or financial support of affordable housing to supplement public sector programs.

Support the creation of mixed income developments and neighborhoods. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-57; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05.]

A. SIZE THRESHOLD.

An inclusionary requirement shall apply to all projects involving new construction of five (5) or more residential dwelling units, including units developed in commercial districts and/or within mixed use developments, Adaptive Reuse, or Substantial Rehabilitation involving a net increase in dwelling units.

B. EXEMPTIONS.

This requirement shall not apply to projects which fall into one (1) or more of the following categories:

1. Residential Developments for which an application for Development Review has been submitted prior to the effective date of this Division, as long as i) that application is determined to be completed by the City Planner, or their designee, which determination can occur before or after the effective date, ii) the subject Development Review application is approved and does not expire; iii) an application for plan check is submitted timely, and that the plan check application does not expire; and iv) a building permit is issued.

2. Residential Developments with a valid Development Agreement prior to the effective date of this Division.

Residential Developments for which the Burbank Redevelopment Agency enters into a Redevelopment Agreement. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-58; Amended by Ord. No. 3640, eff. 7/10/04; 3633, 3491, 3488, 3267, 3200, 3181, 3159, 3157, 3150, 3145, 3120, 3109, 3058, 2915, 2598, 2416, 2194; Deleted by Ord. No. 3676, eff. 8/16/05.]

A. CALCULATION.

At least 15 percent of all newly constructed dwelling units in Residential Developments shall be developed, offered to and sold or rented to Very Low, Low and Moderate Income Households, at an Affordable Rent or Affordable Ownership Housing Cost, as follows:

1. For-sale projects - All Inclusionary Units 15 percent of the total Residential Development) shall be sold to Low and/or Moderate Income Households.

2. Rental projects - A minimum of five percent of units in the total Residential Development shall be Very Low Income; the remaining ten percent of the units shall be Low Income.

In calculating the required number of Inclusionary Units, any decimal fraction shall be rounded up to the nearest whole number. Any additional units authorized as a density bonus under Section 10-1-635 of the Burbank Municipal Code will not be counted in determining the required number of Inclusionary Units.

B. PHASE-IN OF REQUIREMENT.

For a period of six (6) months from the effective date of this Inclusionary Ordinance, for those Residential Developments that obtain a Discretionary Approval or, if no Discretionary Approval is required, obtain a building permit within that period, the inclusionary requirement is reduced to ten percent as follows:

1. For-sale projects - Inclusionary Units shall be sold to Low and/or Moderate Income Households.

2. Rental projects - A minimum of three percent of all the units shall be Very Low Income; the remaining seven percent of the units shall be Low Income.

C. INCLUSIONARY CREDITS.

As a means of providing incentives to address the City’s goals for lower income and special needs housing, the Inclusionary Unit requirement set forth in this Section may be reduced as follows:

1. If Very Low Income rental units are provided in lieu of required Low Income rental units, a credit of 1.25 units for every one (1) unit shall be provided.

2. If Low Income owner units are provided in lieu of required Moderate Income owner units, a credit of two (2) units for every one (1) unit shall be provided.

3. If a greater number of inclusionary rental or ownership units are provided for large families (three (3) or more bedrooms) than required by the project, or a fully accessible unit is provided for the physically disabled, a credit of 1.5 units for every one (1) unit shall be provided. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-59; Renumbered by Ord. No. 3058; Amended by Ord. No. 3587, eff. 11/3/01; 3190, 3017, 2194, 2193; Deleted by Ord. No. 3676, eff. 8/16/05.]

On-site development of Inclusionary Units is the City’s preferred approach to achieving mixed income housing and compliance with this Division. Nonetheless, as a means of providing flexibility, the Developer may request one (1) or more of the following alternatives in lieu of including the Inclusionary Units within the Residential Development.

A. OFF-SITE UNITS.

A Developer of a project with five (5) - nine (9) units may satisfy the requirement of providing Inclusionary Units as part of the Residential Development, in whole or in part, through new construction, Substantial Rehabilitation, or through Adaptive Reuse at a site different than the site of the Residential Development. A Developer of a project with ten (10) or more units may propose to meet the requirements of this Division by submitting a request for new construction, Substantial Rehabilitation, or Adaptive Reuse of the required Inclusionary Units off-site, subject to the discretion of the City Council.

1. Site Suitability. As stipulated in the City’s Inclusionary Housing Implementing Regulations, the alternative site(s) proposed for the off-site Inclusionary Units must be suitable in size with the appropriate zoning in place to accommodate the same number and type of Inclusionary Units required. The parcel(s) must be served by the necessary infrastructure and be environmentally suitable for residential development.

2. Standards for Off-Site Units. The proposed off-site Inclusionary Units may have a modified design standard from the base Residential Units in terms of size, appearance, materials and finished quality, but at a minimum, must be of a standard comparable to market rate units within the neighborhood where the off-site units are to be provided and be of a quality consistent with contemporary standards for new housing. The number of bedrooms provided in the Inclusionary Units must at a minimum be in the same proportion as the base Residential Development.

3. Timing. Before or at the same time a Residential Development receives a building permit for all or any portion of the Residential Development, the off-site land shall have received all the necessary project-level approvals and/or entitlements necessary for development of the Inclusionary Units on such land. The Director may condition the certificate of occupancy (C of O) on the Residential Development with the C of O on the off-site Inclusionary Units. Alternatively, the Director may require the developer post a performance bond for the off-site units prior granting the C of O on the base Residential Development.

B. LAND DONATION.

A Developer of a project with five (5) - nine (9) units may satisfy the requirement of providing Inclusionary Units as part of the Residential Development, in whole or in part, by a conveyance of land to the City for the construction of the required Inclusionary Units. A Developer of a project with ten (10) or more units may propose to meet the requirements of this Division by submitting a request to convey land for construction of the required Inclusionary Units, subject to the discretion of the City Council. The proposed land donation must be of equivalent or greater value than is produced by applying the City’s current In-Lieu Fee to the Developer’s inclusionary obligation as determined by a certified City appraisal paid for by the applicant.

1. Site Suitability. Standards for site suitability under conveyance of land shall be the same as those specified for the off-site construction option. The site must have the appropriate general plan and zoning designations to accommodate at least the same number of Inclusionary Units required, and must be served by the necessary infrastructure and be environmentally suitable for residential development. All property taxes and special taxes must be current before the title is conveyed to the City or other person designated by the City Council.

2. Number of Inclusionary Units to be Credited. The number of Inclusionary Units credited to the property to be conveyed shall consist of the number of Inclusionary Units which can reasonably be developed on the land given: i) the mix of Inclusionary Unit sizes and type of structure; ii) densities permitted under applicable planning and zoning designations; and iii) site, infrastructure, environmental and other physical and planning constraints.

3. Timing. No later than the date of approval of the final subdivision map, parcel map, or other development application for the Residential Development, the transferred land will have all the permits and approvals, other than building permits, necessary for development of the required Inclusionary Units on the transferred land. Title to the land shall be conveyed to the City or other person designated by the City Council before a building permit is issued for all or any portion of the Residential Development.

C. IN LIEU FEE.

A Developer may pay a fee in lieu of all of the Inclusionary Units in that amount set forth in the Fee Resolution, and as amended from time to time. The fee shall be paid prior to the issuance of a building permit or any other permit or approval to begin work on the project. This includes, but is not limited to, the following permits: demolition, grading, excavation, and encroachment. The initial fee amount is calculated based upon the in-lieu fee structure for rental projects. For ownership projects, once the final maps are approved by City Council, in-lieu fees are re-calculated at the ownership rate and the balance refunded to the applicant. The fees collected shall be deposited in the Affordable Housing Fund, described in Section 10-1-648. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-60; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05; Amended by Ord. No. 3760, eff. 5/22/09.]

A. HOUSING FUND.

There is hereby established a separate Affordable Housing Fund (“Fund”). This Fund shall receive all in-lieu housing fees contributed under Section 10-1-647 and may also receive monies from other sources.

B. PURPOSE AND LIMITATIONS.

Monies deposited in the Fund must be used to increase and improve the supply of housing affordable to Very Low, Low and Moderate Income Households in the City. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this Section.

C. IMPLEMENTATION.

The Director may develop procedures to implement the purposes of the Fund consistent with the requirements of this Division and any adopted budget of the City.

D. EXPENDITURES.

Fund monies shall be used in accordance with City’s Housing Element, Redevelopment Plan, or subsequent plan adopted by the City Council to construct, rehabilitate or subsidize affordable housing or assist other governmental entities, private organizations or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre-home ownership co-investment, pre-development loan funds, participation leases or other public-private partnership arrangements. The Fund may be used for the benefit of both rental and owner-occupied housing. [Newly Added by Ord. No. 3694; eff. 5/6/06; Formerly numbered Section 31-61; Amended by Ord. No. 3535, eff. 1/29/00; 3439, 3139, 3058, 2727, 2386, 2371; Deleted by Ord. No. 3676, eff. 8/16/05.]

In order to offset the potential costs and/or other impacts associated with provision of Inclusionary Units, the Developer may request various affordable housing incentives to provide the Inclusionary Units On-Site. The Council has adopted Implementing Regulations in conjunction with this ordinance that identifies the various incentives offered and the process to obtain those incentives. The Implementing Regulations are on file with the City Clerk and the City Planner. The Developer may request one (1) or more of incentives subject to the discretion of the City. Approval authority for the granting of incentives is broken down into three (3) tiers based on the level of discretion required: Administrative, Planning Commission, or City Council (refer to Implementing Regulations for further detail on incentives). If a waiver or modification is requested, the Developer must provide a Pro Forma analysis to show the waiver or modification is necessary to make the Residential Development with the affordable units economically feasible. When an incentive is requested that requires Planning Commission or City Council approval, that body shall also have the authority to hear an automatic appeal of the Development Review application. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-62; Amended by Ord. No. 22-3,983, eff. 12/16/22; 3535, 3439, 3255, 3150, 3139, 3058, 2752, 2725, 2640, 2616, 2588, 2387, 2386, 2371; Deleted by Ord. No. 3676, eff. 8/16/05.]

A. GENERAL.

Approval of an Inclusionary Housing application in accordance with the Implementing Regulations and implementation of an approved Inclusionary Housing Agreement is a condition of approval of any Discretionary Approval or building permit for any Development for which this Division applies.

B. INCLUSIONARY HOUSING PLAN.

Concurrent with the Developer’s first application for a Discretionary Approval for a Residential Development, the Developer shall submit to the Director an Inclusionary Housing Plan for review and approval. No Discretionary Approval shall be granted without submission of the Inclusionary Housing Plan.

1. Contents of Inclusionary Housing Plan. The Inclusionary Housing Plan shall contain the following information:

i. A brief description of the Residential Development including the number of Market Rate and Inclusionary Units proposed, the basis for the calculation of the number of Inclusionary Units, and whether the Development is seeking a density bonus.

ii. The unit mix, location, structure type, and size of the Market Rate and Inclusionary Units, and whether the Residential Development is an ownership or rental project. A floor plan depicting the location of the Inclusionary Units shall be provided.

iii. The income level of the Inclusionary Units.

iv. In the event the Developer proposes a phased project, a phasing plan that provides for the timely development of the Inclusionary Units as the Residential Development is built out. The phasing plan shall provide for development of the Inclusionary Units concurrently with the Market Rate Units.

v. A description of the specific incentives being requested of the City, and supporting Pro Forma analysis demonstrating these incentives are necessary to make the Residential Development with the affordable units economically feasible.

vi. If conveyance of land or an off-site Inclusionary Unit alternative is proposed, information necessary to establish compliance with Section 10-1-690 of the Ordinance.

vii. Any other information reasonably requested by the Director to assist with evaluation of the Plan under the standards of this Division.

2. Review and Approval of Plan. The Director shall approve, conditionally approve or reject the Inclusionary Housing Plan within a reasonable time after the date of a complete application for that approval. If the Inclusionary Housing Plan is incomplete, the Inclusionary Housing Plan will be returned to the Developer along with a list of the deficiencies or the information required. At any time during the review process, the Director may require from the Developer additional information reasonably necessary to clarify and supplement the application or determine the consistency of the proposed Inclusionary Housing Plan with the requirements of this Division.

C. INCLUSIONARY HOUSING AGREEMENT.

Except for those cases where the requirements of this Division are satisfied by payment of an In-Lieu Fee or the conveyance of land to the City, all Developers whose projects are not exempt from this Division shall enter into an Inclusionary Housing Agreement with the City. The Director is hereby authorized to execute the Inclusionary Housing Agreement on behalf of the City. No building permit shall be issued for all or any portion of the Residential Development unless the Inclusionary Housing Agreement has been executed in a recordable form in accordance with the Implementing Regulations.

1. Contents of Inclusionary Housing Agreement. The Inclusionary Housing Agreement must include, at a minimum, the following information:

i. Description of the development, including whether the Inclusionary Units will be rented or owner-occupied.

ii. The number, size and location of Very Low, Low or Moderate Income Units.

iii. Inclusionary incentives by the City (if any), including the nature and amount of any local public funding.

iv. Provisions and/or documents for resale restrictions, deeds of trust, rights of first refusal or rental restrictions.

v. Provisions for monitoring the ongoing affordability of the units, and the process for qualifying prospective resident households for income eligibility.

vi. Any additional requirements requested by the Director relevant to compliance with this Division.

2. Recording of Agreement. Inclusionary Housing Agreements that are acceptable to the Director must be recorded against owner-occupied Inclusionary Units and residential projects containing rental Inclusionary Units. Additional rental or resale restrictions, deeds of trust, rights of first refusal and/or other documents acceptable to the Director must also be recorded against owner-occupied Inclusionary Units. In cases where the requirements of this Division are satisfied through the development of Off-Site Units, the Inclusionary Housing Agreement must simultaneously be recorded against the property where the Off-Site Units are to be developed. [Newly Added by Ord. No. 3694, eff. 5/6/06; Added by Ord. No. 3139; Formerly numbered Section 31-62.1; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05.]

Inclusionary Units built under this Division must conform to the following standards:

A. DESIGN.

Except as otherwise provided in this Division, Inclusionary Units must be dispersed throughout a Residential Development and be comparable in construction quality and exterior design to the Market-rate Units. Inclusionary Units may be smaller in aggregate size and have different interior finishes and features than Market-rate Units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing. The number of bedrooms must at a minimum be the same as those in the Market-rate Units and at the same percentage.

B. TIMING.

All Inclusionary Units must be constructed and occupied concurrently with or prior to the construction and occupancy of Market-rate Units. In phased developments, Inclusionary Units must be constructed and occupied in proportion to the number of units in each phase of the Residential Development.

C. DURATION OF AFFORDABILITY REQUIREMENT.

Inclusionary Units shall be reserved for Very Low, Low and Moderate Income Households at the ratios established pursuant to Section 10-1-646, and shall be provided at the applicable Affordable Rent or Affordable Ownership Housing Cost.

1. An Inclusionary Unit that is for rent shall remain reserved for the target income level group at the applicable Affordable Rent in perpetuity for as long as the land is used for housing, which shall be less than 55 years.

2. An Inclusionary Unit that is for sale shall remain reserved for the target income level group at the applicable Affordable Ownership Housing Cost in perpetuity for as long as the land is used for housing, which shall be not less than 55 years, subject to the City provisions for earlier termination set forth in the Inclusionary Housing Agreement. Purchasers of affordable units must remain as owner-occupants, and may not rent out the unit. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-63; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05.]

The Housing In-Lieu Fee and inclusionary requirements authorized by this Division and Implementing Regulations shall be re-evaluated at a minimum every year and a report shall be provided to Council. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-64; Amended by Ord. No. 3640, eff. 7/10/04; 3633, 3491, 3488, 3267, 3200, 3181, 3159, 3157, 3150, 3145, 3120, 3109, 3058, 2915, 2598, 2416, 2194; Deleted by Ord. No. 3676, eff. 8/16/05.]

No decision issued under the Inclusionary Ordinance is final unless appealed to the City Council. The developer may file a request for Council appeal by filing a written letter to the Director requesting Council appeal within 15 days of the action. A developer of any project subject to the requirements of this Inclusionary Ordinance, may appeal to the City Council for a reduction adjustment, or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of the fee charged or the inclusionary requirement. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-65; Renumbered by Ord. No. 3058; Amended by Ord. No. 3587, eff. 11/3/01; 3190, 3017, 2930, 2194, 2193; Deleted by Ord. No. 3676, eff. 8/16/05.]