§ 30-47. AFFORDABLE HOUSING DENSITY BONUS. — Compton Zoning Code

§ 30-47.1. Purpose. ¶

[Ord. #2163, § 1]

The purpose of this section is to establish procedures to implement the State's Affordable Housing Density Bonus as set forth in Government Code Section 65915 . The incentives in this section are used by the City in order to encourage the provision of affordable housing to all economic groups living within the City.

§ 30-47.2. Applicability. ¶

[Ord. #2163, § 1]

These regulations apply only to residential developments or mixed-use housing developments of five or more residential units, including single-family and multi-family units, for sale or for rent. For purposes of this section, housing developments may include subdivisions, planned unit or condominium developments, the substantial remodel and conversion of an existing commercial building to residential use, the substantial remodel of an existing multi-family dwelling where the remodel would create a net of at least five residential units, qualifying mobile home parks, senior

housing developments or residential developments proposed in the C-L (Limited Commercial) Zone. Qualified development projects must consist of five or more dwelling units not including units granted as a density bonus.

§ 30-47.3. Definitions. ¶

[Ord. #2163, § 1]

The following definitions shall be used in interpreting the provision of this section.

AFFORDABLE HOUSING COST

Shall mean the maximum cost of housing for lower income households, as set forth in Health & Safety Code Section 50052.5 or any successor statute.

CHILD CARE FACILITY

Shall mean a child 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.

CONCESSIONS OR OTHER INCENTIVES

Shall mean and include a reduction in a site development standard or modification of another Zoning Code requirement or design requirement that results in identifiable, financially sufficient, and actual cost reduction, and that nonetheless exceeds the minimum building standards of the California Building Code. Also, 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 project and the existing or planned development in the area where the proposed housing project will be located; or another concession or regulatory incentive that results in identifiable, financially sufficient, and actual cost reduction, as determined by the City in its sole discretion. A concession or other incentive shall not include additional density beyond that allowed in this section.

DENSITY BONUS

Shall mean an increase in density above the otherwise maximum allowable residential density under this Chapter and the Land Use Element of the General Plan as of the date the development application for the project is deemed complete. The amount of the bonus shall vary according to the percentage of affordable housing provided by income group and other means established in this section. No development with less than five dwelling units shall be eligible for a density bonus. When calculating the number of density bonus units allowed, any fraction of a unit shall be counted as a whole unit. An applicant may elect to accept a lesser percentage of density bonus units, but may not seek a density bonus greater than provided in this section or by State law.

DEVELOPMENT STANDARD

For purposes of this section, shall mean a site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. A development standard subject to waiver does not include additional density beyond that allowed in this section.

LOW INCOME

A household is "low income" if the total household income does not exceed 80% of the Los Angeles County median income, as published annually in the California Code of Regulations , and adjusted for family size.

MODERATE INCOME

A household is "moderate income" if the total household income does not exceed 120% of the Los Angeles County median income, as published annually in the California Code of Regulations , and adjusted for family size.

QUALIFYING MOBILE HOME PARK

Shall mean a mobile home park that limits residency based on age requirements of the Federal Fair Housing Act for housing for persons 55 years of age or older and those who reside with them.

SENIOR CITIZEN HOUSING DEVELOPMENT

Shall mean a senior citizen housing development is a housing development limited to seniors who are at least 55 years of age and their companions and which comply with the requirements of Civil Code Sections 51.3 and 51.12 .

SPECIFIC ADVERSE IMPACT

Shall mean a specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date an application for an Affordable Housing Concession Permit is deemed complete.

VERY LOW INCOME

A household is "very low income" if the total household income does not exceed 50% of the Los Angeles County median income, as published annually in the California Code of Regulations , and adjusted for family size.

§ 30-47.4. Density Bonus Allowance. ¶

[Ord. #2163, § 1]

a. Density Bonus Requirement. A request for a density bonus shall be considered in conjunction with any discretionary approval that may otherwise be granted by the City in approving the project, however a request for a density bonus pursuant to this section shall only be granted if an applicant seeks and agrees to construct one of the following.
1. At least 5% of the units are dedicated to very low-income households;
2. At least 10% of the units are dedicated to low-income and very low-income households;
3. At least 10% of the units are dedicated to moderate-income households and are available to the general public for sale; or
4. At least 35 dwelling units are available exclusively to persons aged 55 and older and to those residing with them and the development qualifies as either a senior citizen housing development or a qualifying mobile home park.
b. Density Bonus of Up to 35%. In calculating the number of units required for very low-, low- and moderate-income households, the density bonus units shall not be included. The maximum density bonus possible for very low-, low- and moderate-income units is 35%, depending on the percentage of affordable units, as set forth below.
1. The density bonus for very low-income units shall be calculated as follows:

Table 30.47.4a Increase in Allowable Density for Very Low-Income Units
Percentage of Very Low-Income Units	Percentage Density Bonus
5	20
6	22.5
7	25
8	27.5
9	30
10	32.5

Table 30.47.4a Increase in Allowable Density for Very Low-Income Units Percentage of Very Low-Income Units Percentage Density Bonus 11 35

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

Table 30.47.4b Increase in Allowable Density for Low-Income Units
Percentage of Low Income Units	Density Bonus Percentage
10	20
11	21.5
12	23
13	24.5
14	26
15	27.5
16	29
17	30.5
18	32
19	33.5
20	35

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

Table 30.47.4c Increase in Allowable Density for Moderate-Income Ownership Units
Percentage of Moderate-Income Units	Density Bonus Percentage
10	5
11	6
12	7
13	8
14	9
15	10
16	11
17	12
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21

Table 30.47.4c Increase in Allowable Density for Moderate-Income Ownership Units
Percentage of Moderate-Income Units	Density Bonus Percentage
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35

c. Senior Housing Bonus and Qualifying Mobile Home Parks. The density bonus for a senior citizen housing development or a qualifying mobile home park shall be 20%.
d. Bonuses Not Combined. The bonuses that are available under this section shall not be combined.

Target Group	Minimum % Restricted Units	Bonus Granted	Additional Bonus for Each 1% Increase in Affordable Units	% Affordable Units Required for Maximum 35% Bonus
Very Low Income	5%	20%	2.5%	11%
Low Income	10%	20%	1.5%	20%
Moderate Income	10%	5%	1%	40%
Senior Housing/Mobile Home Park	100%	20%	—	—

§ 30-47.5. Concessions, Waivers and Other Incentives. ¶

[Ord. #2163, § 1]

a. Concessions, Waivers and Other Incentives. In addition to the density bonus, an applicant may request one or more concessions or other incentives, in the form of waivers of development standards as follows:
1. One concession or other incentive for projects that include at least 5% of the units for very low-income households, 10% of the units for low-income households, or 10% of for-sale units for moderate-income households.
2. Two concessions or other incentives for projects that include at least 10% of the units for very low-income households, 20% of the units for low-income households, or 20% of for-

sale units for moderate-income households.

Three concessions or other incentives for projects that include at least 15% of the units for very low-income households, 30% of the units for low-income households, or 30% of forsale units for moderate-income households.
Affordable Housing Concession Permit Required. An applicant must submit an application for an Affordable Housing Concession Permit, for approval of a request for the concessions and other incentives.

Incentive/Concessions Summary Table
Target Group		Affordable Units
Very Low Income	5%	10%	15%
Low Income	10%	20%	30%
Moderate Income	10%	20%	30%
Maximum Incentive(s)/Concession(s)	1	2	3

b. Application Requirements. An application for an Affordable Housing Concession Permit shall be filed in compliance with this section. The application shall be accompanied by the information identified in the Department handout for the Affordable Housing Concession application, including the specific economic information described in the handout. The applicant must provide evidence, to the satisfaction of the approval body, that the concession or incentive would result in identifiable, financially sufficient and actual cost reductions.
c. Procedure. An Affordable Housing Concession Permit shall be submitted concurrently with the application for Conditional Use Permit (Section 30-26 ) required for new construction of a residential development of five units or more, where an addition or conversion of units may result in five units or more, in the case or a building move or where residential units are proposed in the C-L (Limited Commercial) Zone. The Planning Commission, the approval body, has the following course(s) of action regarding the Affordable Housing Concession Permit, provided that the Planning Commission shall grant the applicant's first choice of concessions if the Commission makes all of the findings in paragraph d.
1. Approve the concession and/or other incentive described in the application for the Affordable Housing Concession Permit.
2. Deny the concession and/or other incentive described in the application for the Affordable Housing Concession Permit.

Approve one or more concession(s) and/or other incentives and deny one or more other concessions and/or incentives, if more than one concession or other incentives is described in the application for the Affordable Housing Concession Permit.

d. Findings. A concession or other incentive shall be approved upon making the following findings.
1. The concession or incentive is required in order for the designated units to provide for affordable housing costs and the applicant has submitted evidence, to the satisfaction of the approval body, that the concession or incentive would result in identifiable, financially sufficient and actual cost reductions; and
2. The concession or incentive would not have a specific adverse impact on public health, on public safety, on the physical environment, or on a property that is listed in the California Register of Historical Resources; or
3. The concession or incentive would likely have a specific adverse impact on public health, on public safety, on the physical environment, or on a property that is listed in the California

Register of Historical Resources, but there is a feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lowand moderate-income households.

§ 30-47.6. Floor Area Bonus and Concessions for Child Day Care Center. ¶

[Ord. #2163, § 1]

a. Floor Area Bonus or Concession for Inclusion of Child Day Care Facility. An applicant for a development project that complies with the density bonus requirement of this section and that also includes a child day care center that will be located on the premises of, as part of, or adjacent to, the project may request one additional bonus or concession as follows:
1. Additional net floor area for housing units that is equal to the net floor area in the child day care center. The approval body also has the discretion to grant additional net floor area for housing units in excess of the net floor area in the child day care center.
2. A concession that contributes significantly to the economic feasibility of the construction of the child day care center, in addition to the concession granted for affordable dwelling units.
b. Application Requirements. An applicant for a Child Day Care Bonus or Concession Permit shall be filed in compliance with this section. The application shall be accompanied by the information identified in the Department handout for a Child Day Care Bonus or Concession Permit application, including the specific economic information described in the handout.
c. Procedure. A Child Day Care Bonus or Concession Permit shall be submitted concurrently with the Conditional Use Permit application. Planning Commission will review the application and may:
1. Approve the bonus or concession described in the application for the Child Day Care Bonus or Concession Permit, if the findings below are made.
2. Deny the bonus or incentive described in the application for the Child Day Care Bonus or Concession Permit, if the necessary findings cannot be made.
3. Approve a different bonus or concession that contributes significantly to the economic feasibility of the construction of the child day-care center.
d. Findings. A child day care bonus or concession shall be approved upon making the following findings.
1. The bonus or concession would contribute significantly to the economic feasibility of the construction of the child day care center, and the applicant has submitted evidence, to the satisfaction of the approval body, that the concession or incentive would result in identifiable, financially sufficient and actual cost reductions.
2. The bonus or concession would not have a specific adverse impact on public health, on public safety, on the physical environment, or on a property that is listed in the California Register of Historical Resources; or
3. The bonus or concession would likely have a specific adverse impact on public health, on public safety, on the physical environment, or on a property that is listed in the California Register of Historical Resources, but there is a feasible method to satisfactorily mitigate or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households.

sion would likely have a specific adverse impact on public health, on public safety, on the physical environment, or on a property that is listed in the California Register of Historical Resources, but there is a feasible method to satisfactorily mitigate or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households.

The community has inadequate existing child care facilities and the bonus or concession will contribute toward improving the availability of child care facilities.

e. Conditions of Approval. The child day care center shall comply with conditions of approval as follows:
1. The child day care center shall remain in operation for a period of time that is equal to or longer than the period during which the designated dwelling units are required to be affordable.
2. Of the children who attend the child day care center, the children of very low-income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low- or low-income households or families of moderate income.
3. The child care facility shall not convert any portion of the facility to other uses.

§ 30-47.7. Bonus for Donation of Land. ¶

[Ord. #2163, § 1]

a. Bonus for Donation of Land. An applicant for a tentative subdivision map, parcel map, or other residential development approval who donates land within the jurisdiction of the City to the City shall be entitled to a bonus in residential density for the entire development above the density allowable under this Zoning Ordinance and the Land Use Element of the General Plan.
b. Requirements for Bonus. An applicant for a bonus for the donation of land must provide evidence to the City that provides, to the City's satisfaction, that all of the following requirements would be met:
1. The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
2. The developable acreage and zoning classification of the land being transferred shall be sufficient to permit construction of units affordable to very low-income households in an amount not less than 10% of the number of residential units of the proposed development.
3. The transferred land shall be at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than design review approval and building permits, necessary for development of the very lowincome housing units on the transferred land.
4. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units, consistent with subsection 30-47.9 (Enforcement of Affordability).
5. The land shall be transferred to the City of Compton Redevelopment Agency or to a housing developer approved by the City of Compton.
6. The transferred land shall be within the boundary of the proposed development or, with approval of the Director, within 1/4 mile of the boundary of the proposed development.
c. Density Bonus of Up to 35%. The density bonus for donation of land for very low-income units shall be calculated as follows:

Table 4-3.3 Increase in Allowable Density for Donation of Land for Very Low Income Units
Percentage of Very Low-Income Units	Density Bonus Percentage
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

d. Bonuses May Be Combined. A bonus for the donation of land may be combined with a bonus granted under subsection 30-47.4 .

§ 30-47.8. Enforcement of Affordability. ¶

[Ord. #2163, § 1]

a. Low and Very Low Income: Covenant for 30 Years. A covenant or other document satisfactory to the City Attorney shall be recorded before issuance of a Building Permit, which shall ensure that the low- and very low-income density bonus units are at all times rented or sold to, and remain affordable at, the applicable income level for at least 30 years. If the Compton Redevelopment Agency provides financial assistance to the developer of the project, a longer term of affordability may apply.
b. Moderate Income: Equity-Sharing. A covenant or other document satisfactory to the City Attorney shall be recorded before issuance of a Building Permit, which shall ensure that the moderate-income density bonus units are initially occupied by persons or families at a moderate income level. Moderate-income units may be offered for subsequent sale to an above moderate-

income purchaser; provided that the sale shall result in equity-sharing of a financial interest in the unit with the City, or its designee.

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for affordable housing purposes.
The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sales price to the moderate-income household, plus the amount of any publicly-assisted down payment or mortgage assistance. If upon resale, the market value is lower than the initial market value, then the value at the time of resale shall be used as the initial market value.
The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of the initial sale.

c. Forfeiture of Funds. Any individual who rents units in violation of this section shall be required to forfeit all rents above the applicable affordable rate; any individual who sells a unit in violation of this section shall be required to forfeit all profits from the sale exceeding the difference between the sale price and the applicable affordable sales price. Recovered funds shall be deposited to the City of Compton Housing Trust Fund.

§ 30-47.9. Administrative Procedures. ¶

[Ord. #2163, § 1]

The City Manager or her/his designee may adopt administrative procedures for implementation of this section.