Long Beach Municipal Code Ch. 21.68 Enhanced Density Bonus

This Chapter establishes an enhanced density bonus (EDB) incentive program to facilitate the development of residential mixed-income, multi-family, and special needs housing development projects. This Chapter is intended to further the City's goals in meeting the need for additional housing per the Regional Housing Needs Allocation (RHNA); to support inclusionary housing; and to implement the policies of the Housing Element of the General Plan.

(ORD-26-0017 § 5, 2026; ORD-21-0034 § 1, 2021)

Editor's note— ORD-26-0017 § 30, adopted June 16, 2026, repealed § 21.68.020, entitled "Definitions," which derived from: ORD-23-0036 § 1, 2023; and ORD-21-0034 § 1, 2021.

A. Eligible sites. A lot or parcel may be eligible for an Enhanced Density Bonus where residential use(s) are permitted either by the zoning district or, if the zoning is not consistent with the Land Use Element of the General Plan, by the Place-Type (land use district of the Land Use Element) designation; and where five (5) or more housing units could be built based on the allowable density applicable to the site.

B. Qualifying projects. In order to qualify for a density bonus and/or other development allowances permitted by this Chapter, a housing development project (which includes a shared housing building development or mixed-use development) shall be located on an eligible site and shall provide one or more of the following:

1. A community benefit described in the Special Bonuses of Section 21.68.080, or

2. On-site deed-restricted affordable dwelling units for any of the following household income levels (defined in Section 21.15.1390):

a. Extremely low income,

b. Very low income,

c. Low income, or

d. Moderate income.

(ORD-26-0017 § 6, 2026; ORD-21-0034 § 1, 2021)

A. Residential density (base density). An applicant for a housing development project pursuant to this Chapter shall first demonstrate the base density that would be permitted for the project site, as defined in Section 21.15.765. If density is not specified by the applicable zoning district, the applicant shall submit an analysis showing the project density of units that could be developed on the site based on the applicable objective development standards, the proposed unit sizes, and other project details relevant to determining project density.

B. Alternate process to State law. This Chapter provides an alternative process to the State density bonus process and incentives for multi-family housing development projects that include affordable units. Use of this Chapter is voluntary and can be utilized by qualifying projects in lieu of, but not in addition to, the State density bonus laws (Cal. Gov't Code §65915) or the State transit-oriented development laws (Cal. Gov't Code §65912.155 et seq). A housing development project shall not utilize the provisions and procedures of this Chapter in addition to State density bonus law or State transit-oriented development law to increase project density or otherwise qualify for project incentives/concessions or development standards waivers.

C. Coastal zone provisions. The provisions of this Chapter shall not in any way alter or lessen the effect or application of the Coastal Act and the Local Coastal Program (LCP). For housing development projects within the coastal zone, projects approved under this Chapter shall be consistent with the policies of the LCP. In case of conflict between the application of the requirements of this Chapter and the requirements of the LCP, the requirements of the LCP shall take precedence.

D. Inclusionary housing.

1. Any project of ten (10) dwelling units or more that utilizes this Chapter also shall be subject to the inclusionary housing requirements of Chapter 21.67, as applicable, and shall comply with the application and review procedures of Section 21.67.090, in addition to the other requirements of that Chapter.

2. Inclusionary housing projects that provide on-site affordable housing units, as required by Chapter 21.67, shall qualify for the density bonus provisions of Table 68-1.

3. Inclusionary housing projects subject to Chapter 21.67 shall not satisfy the affordability requirements of the density bonus provisions of this Chapter through payment of in-lieu fees or land dedication.

4. The utilization of a density bonus provided by this Chapter shall not in any way lessen or absolve a housing development project of compliance with the inclusionary housing requirements of Chapter 21.67.

5. Calculations of the number of inclusionary housing units required by Chapter 21.67 shall exclude any density bonus units provided by this Chapter.

6. The presence of density bonus units provided by this Chapter shall not require a housing development project to comply with Chapter 21.67 if the project is otherwise exempt from Chapter 21.67.

7. All affordable density bonus units approved pursuant to the provisions of this Chapter shall be deed-restricted to remain affordable at the specified household income level(s) for the longer of:

a. A period of fifty-five (55) years from the date of issuance of a Temporary or final Certificate of Occupancy (whichever comes first) for said units, or

b. For so long as the subject site, which includes said density bonus units, is developed and used as a residential use of land.

E. Replacement and relocation requirements.

1. Any project utilizing this Chapter shall be subject to the unit replacement and relocation provisions established by the Zoning Regulations and state law, as applicable (See Chapter 21.11).

2. Any dwelling unit required to be replaced by this Subsection shall not count toward the number of affordable units required by this Chapter and shall be provided in the project regardless of any density bonus, Special Bonus, development standards waivers, or incentives/concessions granted to the project.

3. Existing units shall be subject to replacement requirements if either the income of the existing household(s) qualifies at the low, very low, or extremely low levels, or if the rent, regardless of household income, is affordable to low, very low or extremely low-income households. The number and affordability level(s) of the replacement units to be provided shall be determined by both the income level of the household(s) and the rent level(s) of the units regardless of household income.

4. An applicant for a density bonus housing development project pursuant to this Chapter shall provide evidence to the satisfaction of the Director of Community Development to establish the existing rent and affordability level(s) of each dwelling unit that will, or may, be removed as a result of a proposed housing development project. Such evidence shall include an accounting of all rents charged for each unit over the preceding five (5) years. Rent levels will be compared to Average Median Income (AMI) to establish the units' affordability levels. The requirement to provide an accounting of rents for the preceding five (5) years shall apply retroactively to any units that may have been demolished or vacated within the five (5) year period preceding the application. No demolition or construction permits shall be issued for a multi-family development project consisting of five (5) or more residential dwelling units until the required documentation is provided and approved; and an application is submitted to the Director that incorporates both replacement and density bonus units for the proposed project.

F. Calculating density bonus units.

1. Number. The number of density bonus units shall be calculated as a percentage increase in the number of units over the base density permitted on the site.

2. Rounding and calculations. Each component of density calculation including residential density, bonus density, and/or incentives resulting in fractional units, shall be separately rounded up to the next whole number.

G. Affordable unit type, size, mix, and location.

1. Affordable units shall be evenly distributed throughout the project building(s) and shall have equal access to all on-site facilities and amenities.

2. The unit mix of affordable units shall generally conform to the unit mix of the overall project including unit type, unit sizes, and number of bedrooms, and shall be comparable to the highest household income level units in the project in terms of design, in-unit amenities, and exterior and interior finishes.

H. Timing and construction of affordable units.

1. All affordable units shall be made available for occupancy prior to, or concurrently with, the market-rate units of the project.

2. The affordable units may be constructed in phases if the market-rate units are constructed in phases, provided that the percentage of affordable units developed in each phase shall be equivalent to or greater than the total percentage of affordable units required for the project, until all the required affordable units have been constructed.

(ORD-26-0017 § 7, 2026; ORD-23-0036 § 2, 2023; ORD-21-0034 § 1, 2021)

A. Table 68-1 establishes an affordable component and the corresponding density bonus and concessions granted based on the affordable component. The affordable component is the percentage of affordable units in a qualifying project, before density bonus.

B. A project may include an affordable component in excess of the levels in Table 68-1; however, density bonuses granted for an affordable component shall not exceed one hundred percent (100%) and the number of concessions granted shall not exceed six (6).

C. If a project proposes two or more types of affordable components from Table 68-1, (e.g., very-low and moderate income), density bonus and concessions are granted cumulatively. However, density bonuses granted for affordable units shall not exceed one hundred percent (100%) and the number of concessions granted shall not exceed six (6).

D. Density bonuses and concessions granted for affordable units may be granted independently or in addition to the density bonus and concessions granted through the Special Bonuses established in Section 21.68.080.

E. A project that receives a density bonus granted for an affordable component plus a Special Bonus per Section 21.68.080 may exceed a density bonus level of one hundred percent (100%).

Table 68-1 Affordable Housing Set-Aside, Density Bonus, and Concessions

Notes:

a) See also Section 21.68.070 - Waivers.

b) For sale projects that comply with the phased-in affordability level requirements of Table 21.67-2 of Chapter 21.67 (Inclusionary Housing) at the 10% or higher level shall be eligible to receive incentives/concessions and a density bonus as provided in the Moderate income column of Table 68-1.

(ORD-26-0017 § 8, 2026; ORD-23-0036 § 3, 2023; ORD-21-0034 § 1, 2021)

A. An eligible project shall be granted concessions (defined Section 21.15.1448) except in the following circumstances:

1. The concession would not result in identifiable and actual cost reductions to provide for affordable housing costs for the income levels targeted,

2. The concession would be contrary to state of federal law,

3. The concession would have a specific, adverse impact for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, upon either of the following:

a. Upon health or safety, or

b. Upon a property listed in the California Register of Historical Resources, or a City-designated historic landmark.

B. Concessions may be granted to a project through either or both of the following mechanisms:

1. The affordability component per Table 68-1, and

2. Special Bonuses as described in Section 21.68.080.

C. The total number of concessions granted to a project shall not exceed six (6).

D. No concession shall be used to modify or reduce the inclusionary housing requirements of Chapter 21.67, or to grant a density increase beyond the density bonus already granted per Table 68-1 or a Special Bonus granted per Section 21.68.080.

E. Provisions for height concessions.

1. Each additional story granted through a concession shall not exceed twelve (12') of building height.

2. The first additional story shall require one (1) concession, and each additional story shall require two (2) concessions.

3. A project is limited to a maximum combination of height concessions totaling three (3) stories and thirty-six feet (36') of building height.

4. For a project that does not consist of 100% affordable units (exclusive of any manager's units) any request for an incentive/concession for a height increase exceeding one (1) story or 12 feet shall require review and approval of the Planning Commission, which shall make a determination that the incentive/concession is physically necessary to the provision of the affordable units in order for the concession to be approved.

5. For a project that consists of 100% affordable units (exclusive of any manager's units), any request for an incentive/concession for a height increase exceeding one story or 12 feet shall require the applicant to complete the following actions after project approval, but prior to the issuance of any construction permits:

a. Mail a notice to each property owner and tenant within a 300-foot radius of the project site. The radius shall be measured from the exterior property lines of the project site. The notice shall include a detailed description of the project, a tentative construction timeline, and a telephone number or email address that a recipient may contact for more information. The notice also shall contain the date, time, and location of the information session required below;

b. Conduct an in-person information session about the project, open to all members of the public, with at least two weeks of advance notice given; and

c. The applicant shall provide copies of mailed notices, meeting flyers, meeting summaries or notes, or other relevant documentation to the Director of Community Development as evidence that this requirement has been fulfilled.

6. Any concession(s) for a height increase exceeding one story or 12 feet for a site abutting, adjoining, or adjacent to (across an alley) from an R-1 or R-2 zoning district shall provide a ten-foot (10') building step-back above the second story portion of the building facing the R-1 or R-2 zoning district.

7. The procedures of this Subsection shall not be modified or reduced through the use of a concession or other method.

(ORD-26-0017 § 9, 2026; ORD-23-0036 § 4, 2023; ORD-21-0034 § 1, 2021)

A. If a proposed project conforms to the density limits allowed through a combination of base density and density bonus, but another development standard of the Zoning Regulations would have the effect of physically precluding the number of units proposed, the project applicant may request a waiver of the specific development standard. A requested waiver shall be denied by the approving authority only if one or more of the following circumstances applies:

1. The waiver would be contrary to state or federal law,

2. The waiver would have a specific, adverse impact for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact upon either of the following:

a. Upon health or safety, or

b. Upon a property listed in the California Register of Historical Resources, or a City-designated historic landmark.

B. A waiver shall be granted from the Zoning Regulations only.

C. The proposed project shall include the density bonus units for which the waiver is requested.

D. The project applicant shall identify any requested waivers in the project application, and shall make a factual showing demonstrating how application of the development standards would preclude construction of the number of units proposed.

(ORD-26-0017 § 10, 2026; ORD-23-0036 § 5, 2023; ORD-21-0034 § 1, 2021)

Editor's note— ORD-26-0017 § 10, amended the title of § 21.68.070 to read as herein set out. The former § 21.68.070 was entitled "Types of eligible concessions/incentives."

A. Special bonus provisions.

1. A Special Bonus may be granted for a qualifying project that provides one or more of the community benefits described in Subsection B.

2. A Special Bonus is granted in the form of density bonuses and concessions.

3. Density bonuses and concessions granted as Special Bonuses are cumulative and may be granted independently or in addition to the density bonus and concessions allowed by Table 68-1.

4. Multiple Special Bonuses may be applied to a project. Each Special Bonus may provide up to a maximum of twenty percent (20%) density bonus plus one concession.

5. Utilization of Special Bonuses may exceed a cumulative total of 100% density bonus (inclusive of all density bonus provisions of this Chapter).

6. Utilization of Special Bonuses shall not exceed a cumulative total of one hundred twenty percent (120%) density bonus (inclusive of all density bonus provisions of this Chapter).

7. Each Special Bonus shall be granted one concession, not to exceed a cumulative total of six (6) concessions (inclusive of all concessions provided by this Chapter).

B. The following qualifying projects are eligible for Special Bonuses as described in Subsection A:

1. A project that provides large dwelling units as follows:

a. More than twenty-five percent (25%) of a project's total units are two-bedroom units of 970 square feet or more, or

b. More than five percent (5%) of a project's total units are three-bedroom units of 1,140 square feet or more, and

c. The number of bedrooms and the size of the affordable units provided for the Special Bonus shall be proportional to or greater than the average number of bedrooms and size of market-rate units for the project.

2. A project that provides an on-site daycare facility, subject to all applicable permitting and licensing requirements at the state and local levels. The daycare facility shall be exempt from floor area ratio (FAR) limits and parking requirement,

3. A project within 1,000 feet of a City park (subject to the following provisions):

a. For purposes of this Section, distance shall be measured in a straight line from the nearest edge of the project lot or parcel to the nearest edge of the park lot or parcel, and

b. Dedicated City parks are listed in Chapter 21.35. Any park listed or dedicated in the Open Space Element of the General Plan, which is not listed in Chapter 21.35, also is subject to this regulation.

4. A project that proposes, through development of the project, to abate a nuisance as defined in Chapter 9.37 of the Long Beach Municipal Code,

5. A project that complies with the labor standards of Cal. Gov't Code §65912.130, and

6. A project that is a senior citizen housing development or special group residence,

7. A project that includes any of the following active ground floor uses:

a. Café or restaurant without a drive-through, with or without outdoor dining,

b. Commercial - basic retail,

c. Commercial - basic personal services,

d. Physician's office or medical clinic (including, without limitation, urgent care),

e. Fitness center/health club, or

f. Hotel.

(ORD-26-0017 § 11, 2026; ORD-21-0034 § 1, 2021)

For a project approved pursuant to this Chapter, parking shall be provided as required by Table 68-2, with the following exceptions:

A. Outside of the coastal zone, no parking shall be required for a project that consists of 100% affordable units (excluding any manager's units).

B. In the coastal zone, a project that consists of 100% affordable units (excluding any manager's units) shall be eligible for the reduced parking requirements established in Table 68-3.

Table 68-2 Parking Requirements for EDB Projects

Table 68-3 Parking Requirements for 100% Affordable EDB Projects in the Coastal Zone

(ORD-26-0017 § 12, 2026; ORD-23-0036 § 6, 2023; ORD-21-0034 § 1, 2021)

The ordinance will sunset, unless otherwise extended by the City Council, when the City meets its affordable component of its Regional Housing Needs Allocation (RHNA) as defined in the Housing Element of the General Plan.

(ORD-26-0017 § 13, 2026; ORD-21-0034 § 1, 2021)

Any project that includes on-site affordable units shall enter into a housing regulatory agreement with the City, in a form approved by the City Attorney, to be executed by the City Manager or designee, to ensure that all applicable requirements of this Chapter are fulfilled. The housing regulatory agreement shall be recorded against the title of the residential development (and contiguous property under common ownership and control) no later than thirty (30) days after such residential development project is submitted to the Director of Community Development for building permit plan review.

A. The City Manager, City Attorney, and City Prosecutor are authorized to enforce the provisions of this Chapter and all regulatory agreements and other covenants or restrictions placed on affordable units, by: (i) suspension or revocation of any building permit or approval upon finding of a violation of any provision of this Chapter or such agreements or restrictions, and/or (ii) by civil action and any other proceeding or method permitted by law.

B. Failure of any official or agency to fulfill the requirements of this Chapter shall not excuse any applicant or owner from compliance with the requirements of this Chapter. No permit, license, map, or other approval or entitlement for a residential development shall be issued, including, without limitation, a final inspection or certificate of occupancy, until all applicable requirements of this Chapter have been fulfilled.

(ORD-26-0017 § 26, 2026)