Chapter 18.43 — DENSITY BONUS AND OTHER INCENTIVES

The purpose of this chapter is to implement the requirements of the density bonus law set forth at Government Code Section 65915 et seq.

(Ord. 1860 § 1, 2024)

The state density bonus law, set forth at Chapter 4.3 of the planning and zoning law of California and found at Government Code Sections 65915 through 65918 , as the same may be amended from time to time, is hereby adopted by reference as the city of Gardena's density bonus provisions and shall be implemented in accordance with this chapter. (Ord. 1860 § 1, 2024)

In addition to the definitions set forth in the density bonus law, the following definitions shall apply to this chapter:

"Affordable housing agreement"

shall mean an agreement between the city and the applicant guaranteeing the affordability of the rental or ownership affordable units in accordance with this chapter and Government Code Section 65915 .

"Director"

shall mean the director of community development or the director's designee. (Ord. 1860 § 1, 2024)

This chapter shall apply to any housing development that is entitled to receive a density bonus pursuant to the state density bonus law. (Ord. 1860 § 1, 2024)

• A. Application Submittal. An application for a density bonus, including an incentive or concession and waiver, shall be filed concurrently with an application for a housing development and shall be processed concurrently.

• B. Application Contents. An application for a density bonus shall include the following information:

  1. The number of density bonus units being requested;

  2. A reduced parking ratio request pursuant to Government Code Section 65915(p) ;

  3. An incentive(s) or concession(s) request pursuant to Government Code Section 65915(d) that results in identifiable and actual cost reductions to provide for the affordable housing; and

  4. A waiver(s) or reduction of development standard(s) request pursuant to Government Code Section 65915(e) that would have the effect of physically precluding the construction of the housing development at the densities or with the allowed incentive(s) or concession(s).

• C. If an application for a density bonus is incomplete, the applicant shall be timely notified of such incompleteness in accordance with the provisions of applicable law.

• D. If a proposed housing development would be inconsistent with the city's zoning code or the state density bonus law, the applicant shall be provided notice of such inconsistency in accordance with the Housing Accountability Act, Government Code Section 65589.5 .

• E. A density bonus application shall be approved or denied in conjunction with the housing development application by the body approving such application within the time frames required for approval of such development.

• (Ord. 1860 § 1, 2024)

• A. The applicant for a density bonus shall enter into a regulatory agreement with the city in a form to be approved by the city attorney and said agreement shall be recorded against the property. The regulatory agreement shall be approved by the body approving the underlying project. If an appeal is taken of the project, then the regulatory agreement shall be approved by the decision maker on appeal.

• B. The applicant shall be required to pay the city's costs for any third-party consultants required to assist the city in drafting a regulatory agreement, developing guidelines, verifying the eligibility of owners or tenants of the affordable units, or any other matter relating to the density bonus.

• C. The required affordable dwelling units shall be constructed concurrently with market-rate units unless both the body approving the underlying project and the developer agree within the affordable housing agreement to an alternative schedule for development.

• D. The exterior design and construction of the affordable dwelling units shall be consistent with the exterior design and construction of the total project development and shall be consistent with any affordable residential development standards that may be prepared by the city.

  1. The affordable units shall be similar in size and number of bedrooms to the market-rate units. If the development project includes a range of unit sizes, then the affordable units shall provide a range of unit sizes in proportion to the market-rate units.

  2. If the project includes a subdivision, the lots with affordable units shall be of similar size to the lots with market rate units. If the development project includes a range of lot sizes, the lots with affordable units shall be no smaller than the smallest lots with market-rate units.

• E. The affordable units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development, provided at an affordable rent or at affordable ownership cost specified by Health and Safety Code Section 50052.5 and California Code of Regulations Title 25, Sections 6910 through 6924 , as the same may be amended from time to time. Developers are strictly prohibited from discriminating against tenants or owners of affordable units in granting access to and full enjoyment of any community amenities available to other tenants or owners outside of their individual units.

• F. If the development project is for units that will be sold, then the affordable dwelling units shall also be for-sale units. The regulatory agreement may make provisions for rental of the units for the same level of affordability that qualified the applicant for the density bonus if the unit is not sold within a period of time specified in the agreement.

• G. The development project shall be subject to the replacement requirements for low and very-low income housing as required by Government Code Section 65915(c)(3) .

• (Ord. 1860 § 1, 2024)