§ 22.166

The Housing Permit is established to facilitate the increased production of affordable housing, including transitional and supportive housing, and senior citizen housing.

(Ord. 2021-0017 § 26, 2021; Ord. 2019-0053 § 26, 2019.)

Specific terms used in this Chapter are defined in Division 2 (Definitions), under "Affordable Housing and Senior Citizen Housing."

(Ord. 2019-0053 § 26, 2019.)

This Chapter applies to projects that provide affordable housing, including transitional and supportive housing, or senior citizen housing and may be eligible to receive various benefits, including but not limited to: density bonuses, incentives, waivers or reductions of development standards, and permit streamlining pursuant to the State Density Bonus Law, as set forth in section 65915 of the California Government Code,

as amended, or any other State laws or local ordinances or policies that aim to increase the production of affordable housing, including transitional and supportive housing, and senior citizen housing.

(Ord. 2021-0017 § 27, 2021; Ord. 2020-0064 § 13, 2020; Ord. 2019-0053 § 26, 2019.)

A.

Review Authority. The Director is the Review Authority for an Administrative Housing Permit application, except when a discretionary or legislative application is filed concurrently with an application for an Administrative Housing Permit, in which case the Hearing Officer, the Commission, or the Board is the Review Authority for the Administrative Housing Permit.

B.

Application and Review Procedures.

1.

Application Materials.

a.

Application Checklist. The application shall contain all of the materials required by the Administrative Housing Permit Checklist.

b.

Additional Application Materials. For projects subject to Section 22.128.200 (Supportive Housing Streamlining) and transitional housing projects subject to Section 22.140.660 (Motel Conversions, Temporary) and Section 22.130.200 (Motel Conversions, Permanent), the applicant shall provide a supportive services plan, with documentation describing those services and demonstrating that supportive services will be provided on-site to residents in the project. The plan shall include all of the following:

i.

The name of the proposed entity or entities that will provide supportive services;

ii.

The proposed funding source or sources for the provided onsite supportive services; and

iii.

Proposed staffing levels.

2.

Fees.

a.

When an Administrative Housing Permit application is filed, it shall be accompanied by the required filing fee, as shown in Table 22.250.010-A (Filing Fee Schedule), or as specified otherwise in Subsections B (Fee Exemption and Reductions for Affordable Housing) or D (Fee Exemption for Mobilehome Parks) of Section 22.250.020.

3.

Additional Application and Review Procedures.

a.

The application shall be in compliance with Section 22.222.060 (Multiple Applications).

b.

The application shall be in compliance with Subsections A, B, and D of Section 22.222.070 (Application Filing and Withdrawal).

c.

The application shall be in compliance with Section 22.222.090 (Initial Application Review).

d.

Projects subject to Section 22.128.200 (Supportive Housing Streamlining). The applicant shall be notified whether the application is deemed complete within 30 days of receipt of the application.

C.

Findings and Decision.

1.

An application that meets all the requirements for an Administrative Housing Permit shall be approved, unless any of the following is found on substantial evidence:

a.

When an incentive is requested:

i.

The incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents for the income-restricted units;

ii.

The incentive would have a specific adverse impact upon public health and safety, or the physical environment, or on any real property that is listed in the California Register of Historical Resources, or the

incentive would have a specific adverse impact for which there is a feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to extremely low, very low, lower, or moderate income households; or

iii.

The incentive is contrary to State or federal law.

b.

When a waiver or reduction of development standards is requested:

i.

The development standard for which the applicant is requesting a waiver or reduction does not physically preclude the construction of the project at the densities or with the incentives permitted by Chapter 22.120 (Density Bonus);

ii.

The waiver or reduction would have a specific adverse impact upon public health and safety, or the physical environment, or any real property that is listed in the California Register of Historical Resources, or the waiver or reduction would have a specific adverse impact for which there is a feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

iii.

The waiver or reduction is contrary to State or federal law.

c.

When an additional incentive for the provision of a child care facility is requested:

i.

The additional incentive for a child care facility significantly does not contribute to the economic feasibility of the construction of the child care facility;

ii.

The additional incentive would have a specific adverse impact upon public health and safety, or the physical environment, or on any real property that is listed in the California Register of Historical Resources, or the incentive would have a specific adverse impact for which there is a feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to extremely low, very low, lower, or moderate income households; or

iii.

The incentive is contrary to State or federal law.

d.

When a reduced of number of supportive or transitional housing units due to a subsidy termination is requested, pursuant to Section 22.182.280 (Reduced Number of Supportive Housing Due to Termination of Subsidy), Section 22.130.260 (Reduced Number of Transitional Housing Units Due to Termination of Subsidy), or Section 22.140.660.E.1.i (Reduced Number of Transitional Housing Units Due to Termination of Subsidy):

i.

The owner has made efforts to find other sources of financial support;

ii.

Any change in the number of supportive service units is restricted to the minimum necessary to maintain project financial feasibility; and

iii.

Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.

2.

Where no concurrent consideration is conducted for a discretionary or legislative application, a decision on an Administrative Housing Permit shall be made within the following time period:

a.

Within 90 days of application submittal, if the project contains 150 or fewer dwelling units, including dwelling units permitted by any density bonus awarded; or

b.

Within 180 days of application submittal, if the project contains more than 150 dwelling units, including dwelling units permitted by any density bonus awarded.

c.

Projects subject to Section 22.128.200 (Supportive Housing Streamlining).

i.

Within 60 days after the application is deemed complete, if the project contains 50 or fewer units, including dwelling units permitted by any density bonus awarded.

ii.

Within 120 days after the application is deemed complete, if the project contains more than 50 units, including dwelling units permitted by any density bonus.

d.

Within 120 days after the application is deemed complete for transitional housing projects, subject to Section 22.130.200 (Motel Conversions, Permanent) or Section 22.140.660 (Motel Conversions, Temporary).

3.

The Review Authority, in approving an application for an Administrative Housing Permit, shall require the applicant to enter into and record a covenant and agreement with the County, as described in Section 22.166.070 (Covenant and Agreement), to ensure the affordability, age restrictions, transitional housing restrictions, and/or supportive housing restrictions, and where applicable, require a monitoring fee, pursuant to Subsection B.3.b (Housing Permit Monitoring Fees) of Section 22.250.010.

4.

The Review Authority's decision on an Administrative Housing Permit is final and is not subject to Chapter 22.240 (Appeals).

D.

Documentation. The Review Authority's decision may be in the form of a letter or in the form of a stamp, signature, or other official notation or documentation on the site plan, or on Exhibit "A," as described in Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A") when a discretionary or legislative application is considered concurrently.

E.

Effective Date of Permit.

1.

The Administrative Housing Permit is effective on the date documentation is provided, pursuant to Subsection D (Documentation) of Section 22.166.040.

2.

Notwithstanding Subsection E.1, above, when a discretionary application is considered concurrently with an Administrative Housing Permit:

a.

The Administrative Housing Permit shall be effective on the 15th day following the date of the discretionary application decision, unless an appeal of the discretionary application decision is timely filed, or an appeal body calls for review of the discretionary application decision, pursuant to Section 22.222.230 (Effective Date of Decision and Appeals) and Chapter 22.240 (Appeals).

b.

Notwithstanding Subsection E.2.a, above, where the discretionary application is a tentative map, parcel map, or request for parcel map waiver, the Administrative Housing Permit shall become effective on the first day after expiration of the time limit established by Section 66452.5 of the California Government Code, as

set forth in Section 21.56.010 (Procedures - Submittal and Determination) of Title 21 of the County Code, unless an appeal of the decision on the tentative map, parcel map, or request for parcel map waiver is timely filed, pursuant to Section 21.56.010 (Procedures - Submittal and Determination) of Title 21 of the County Code.

c.

Where a discretionary application decision is timely appealed to, or called for review by the Board, the Administrative Housing Permit shall be effective the date of decision by the Board of such appeal or review.

F.

Time Limits for Unused Permits.

1.

An approved Administrative Housing Permit shall not expire. All other concurrent permits required by this Title 22 approved for the same project shall also not expire, except for those approved for the nonresidential component of a mixed-use development.

2.

Notwithstanding Subsection F.1, above, in the case of an Administrative Housing Permit approved concurrently with a subdivision, the time limit shall be concurrent and consistent with those of the subdivision.

G.

Termination. Upon a showing of good cause and after consultation with the Executive Director of the LACDA, the Administrative Housing Permit may be terminated by the Director of Regional Planning.

(Ord. 2021-0018 § 16, 2021; Ord. 2021-0017 § 28, 2021; Ord. 2021-0010 § 38, 2021; Ord. 2019-0053 § 26, 2019.)

22.166.050 - Discretionary Housing Permit.

A.

Application and Review Procedures.

1.

Application Checklist. The application shall contain all of the materials required by the Discretionary Housing Permit Checklist.

2.

Fees.

a.

When a Discretionary Housing Permit application is filed, it shall be accompanied by the required filing fee, as shown in Table 22.250.010-A (Filing Fee Schedule), or as specified otherwise in Subsection B (Fee Exemption and Reductions for Affordable Housing) of Section 22.250.020, subject to Chapter 22.120 (Density Bonus).

b.

The Director shall refer the application to the LACDA for review, pursuant to this Chapter, and the applicant shall pay directly to the LACDA the Housing Permit Evaluation Fee, as described in Subsection B.3.a of Section 22.250.010.

3.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review - Discretionary) and this Chapter.

B.

Findings and Decision.

1.

Common Procedures. Findings and decision shall be made in compliance with Section 22.230.050 (Findings and Decision) and include the findings in Subsection B.2, below, where applicable.

2.

Findings.

a.

The project will be consistent with the General Plan.

b.

The project will not:

i.

Adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area or within the project;

ii.

Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; and

iii.

Jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

c.

The project site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area.

d.

The project site is adequately served:

i.

By highways or streets of sufficient width, and improved, as necessary, to carry the kind and quantity of traffic such use would generate; and

ii.

By other public or private service facilities, as are required.

e.

The project is complimentary to the surrounding area in terms of land use patterns and design.

f.

Any incentives, waivers, or reductions of development standards will contribute to the use and enjoyment of persons residing within the project.

g.

The project will contribute to satisfying the affordable housing needs of the unincorporated areas of Los Angeles County.

C.

Conditions of Approval.

1.

The Review Authority may impose any conditions deemed necessary to ensure that the project will be in accordance with the findings required by Subsection B (Findings and Decision), above.

2.

The Review Authority may impose conditions that involve any pertinent factors affecting the establishment, operation, and maintenance of the project.

3.

The Review Authority may also approve the requested Discretionary Housing Permit, contingent upon compliance with applicable provisions of other ordinances.

4.

The Review Authority, in approving an application for a Discretionary Housing Permit, shall condition the applicant to enter into and record a covenant and agreement with the County, as described in Section 22.166.070 (Covenant and Agreement), to ensure the affordability or age restrictions of the units, and, if applicable, require a monitoring fee, pursuant to Subsection B.3.b (Housing Permit Monitoring Fees) of Section 22.250.010.

D.

Time Extension for Unused Permits. Notwithstanding Subsection B of Section 22.222.270:

1.

Where an application requesting an extension for an unused Discretionary Housing Permit is filed prior to the expiration date, the Director may extend the time limit in Subsection A of Section 22.222.270 for a period not to exceed one year.

2.

The Director may grant an additional (second) one-year extension, provided that an application requesting such extension is filed prior to the expiration of the first such extension.

E.

Termination. Upon a showing of good cause and after consultation with the Executive Director of the LACDA, the Discretionary Housing Permit may be terminated by the Director of Regional Planning.

(Ord. 2019-0053 § 26, 2019.)

22.166.060 - All Zone and District Regulations Apply Unless Permit Is Granted.

Unless specifically modified by a Housing Permit, all regulations prescribed in the zone, the community standards district, or the specific plan in which such Housing Permit is granted shall apply.

(Ord. 2019-0053 § 26, 2019.)

A.

Affordable Housing. A covenant and agreement, acceptable to the LACDA, shall be recorded by the applicant with the Registrar-Recorder/County Clerk to ensure the continuing availability of incomerestricted units, and as applicable, transitional housing restricted units, supportive housing restricted units, age-restricted units, and child care facilities, in compliance with this Chapter, Chapter 22.119 (Affordable Housing Replacement), Chapter 22.120 (Density Bonus), Chapter 22.121 (Inclusionary Housing), Section 22.128.200 (Supportive Housing Streamlining), Section 22.130.200 (Motel Conversions, Permanent), and Section 22.140.660 (Motel Conversions, Temporary). All Housing Permits without a covenant and agreement that are recorded within 180 days of the Housing Permit effective date shall be null and void. No building permit shall be issued prior to the covenant recordation.

Standard Terms. The covenant and agreement shall include, but not be limited to, the following:

a.

The total number of dwelling units and the number of income-restricted units that must be restricted and monitored on an annual basis.

b.

The household income levels assigned to the income-restricted units.

c.

The location, sizes (square footage), and number of bedrooms of the income-restricted units. For-sale dwelling units must be fixed, and the rental dwelling units may float, as approved in writing by the LACDA.

d.

Authorization by applicant for LACDA to conduct periodic site inspections.

e.

Remedies, including monetary penalties, for violation of the covenant and agreement, and of this Section.

2.

Rental Income-Restricted Units. When income-restricted units are rental dwelling units, the covenant and agreement shall also include owner requirements related to the following, and subject to the LACDA's review and approval:

a.

Duration of affordability, as specified;

b.

Policies and procedures to ensure a fair and transparent lease-up process, which may include, but are not limited to: advertising on the Los Angeles County Housing Resource Center website (or any similar or replacement County database or website, as applicable); an initial lease-up and tenant selection plan that outlines application qualification criteria and owner waiting list protocols; and a management plan that describes processes for filling vacancies and maintaining the habitability of the income-restricted units;

c.

Provisions requiring owners to submit a written request for the LACDA's review and approval for a change in property management company, such request to be made 60 days prior to effect; and

d.

Provisions requiring owners to comply with monitoring procedures, as described in Section 22.166.080 (Monitoring of Affordable Housing).

3.

For-Sale Income-Restricted Units. When income-restricted units are for-sale dwelling units, the covenant and agreement shall also include owner requirements related to the following and subject to the LACDA's review and approval:

a.

Policies and procedures to restrict the initial sale to eligible buyers, including but not limited to: provisions for owner compliance with the creation of an affirmative marketing plan and advertising on the Los Angeles County Housing Resource Center website (or any similar or replacement County database or website, as applicable); a home buyer selection plan with applicant qualification criteria; the rules and procedures for qualifying buyers; and, where applicable, establishment of affordable housing costs and affordable sales prices;

b.

Provisions restricting the income-restricted units to be owner-occupied;

c.

Provisions requiring owners to comply with monitoring procedures, as described in Section 22.166.080 (Monitoring of Affordable Housing); and

d.

Provisions restricting the initial sale to eligible buyers, and requiring equity sharing with the County that states the following terms:

i.

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;

ii.

The seller's proportionate share of appreciation shall be the total appreciation, minus the County's proportionate share of appreciation;

iii.

Upon resale, the County shall recapture any initial subsidy and receive the County's proportionate share of appreciation;

iv.

The County'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 initial sale;

v.

The County's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price, plus the amount of any down payment assistance or mortgage assistance. If upon resale the fair market value is lower than the initial fair market value, then the value at the time of the resale shall be used as the initial fair market value;

vi.

The County, a County-designated agency, or a qualified nonprofit shall maintain right of first refusal on the unit for the purpose of sale or rental to eligible households; and

vii.

All County equity-sharing proceeds shall be used within five years for any of the purposes described in section 33334.2(e) of the California Health and Safety Code that promote affordable home ownership.

e.

Notwithstanding Subsection A.3.d., above, if the units are part of a community land trust, the community land trust shall maintain equity in sales of the income-restricted units to qualifying households.

4.

Age-Restricted Units. When a housing development subject to this Subsection A includes age-restricted units, the covenant and agreement shall include provisions to ensure the age restrictions of the incomerestricted units in accordance with section 51.3 of the California Civil Code.

5.

Child Care Facilities. When a housing development subject to this Subsection A includes a child care facility, the covenant and agreement shall also include the following to ensure compliance with subsections (A) and (B) of section 65915(h)(2) of the California Government Code:

a.

The rules and procedures for qualifying children, filling vacancies, and maintaining a percentage of use by qualified households;

b.

The minimum amount of time in which a child care facility must remain in operation. That period of time shall be as long or longer than the period of time the income-restricted units are required to remain affordable, pursuant to Chapter 22.120 (Density Bonus); and

c.

The minimum required percentage of children of very low, lower, or moderate income households who attend the child care facility, which shall be equal to or greater than the percentage of dwelling units that are required for very low, lower, or moderate income households, pursuant to Subsection D (Additional Density Bonus or Incentive for Child Care Facility) of Section 22.120.050.

6.

Transitional Housing and Supportive Housing. When a housing development subject to this Subsection A is subject to Section 22.128.200 (Supportive Housing Streamlining) or is a transitional housing project subject to Section 22.130.200 (Motel Conversions, Permanent) or Section 22.140.660 (Motel Conversions, Temporary), the covenant and agreement shall also include:

a.

The number of units restricted to transitional or supportive housing for the respective target population;

b.

The size (square footage) and location of the supportive services area;

c.

A transition plan to be implemented one year prior to the end of the term of income restriction. The transition plan shall ensure that change to the occupancy of the supportive or transitional housing units is made in a manner that minimizes occupant disruption and only upon the vacancy of such units; and

d.

Duration, as specified.

B.

Senior Citizen Housing. A covenant and agreement, acceptable to the LACDA, shall be recorded by the applicant with the Registrar-Recorder/County Clerk to ensure the continuing availability of senior citizen housing, in compliance with this Chapter and Chapter 22.120 (Density Bonus). The covenant and agreement shall contain remedies for violations of the covenant and agreement and of this Section. The covenant and agreement shall be recorded within 30 days of the Housing Permit effective date.

C.

Release of the Covenant and Agreement. The covenant and agreement shall terminate and cease to be in effect, should the Housing Permit be terminated, pursuant to Subsection G (Termination) of Section 22.166.040 and Subsection E (Termination) of Section 22.166.050.

(Ord. 2021-0018 § 17, 2021; Ord. 2021-0017 § 29, 2021; Ord. 2020-0064 § 14, 2020; Ord. 2019-0053 § 26, 2019.)

22.166.080 - Monitoring of Affordable Housing.

The monitoring of income-restricted, transitional housing and supportive housing units shall be administered by the LACDA. The LACDA shall be responsible for verifying income eligibility, verifying provision of on-site services for supportive and transitional housing units, monitoring sales of incomerestricted units to qualified buyers, conducting periodic site inspections, and administering the annual certification of income restricted units approved pursuant to this Chapter, for the duration of the required term, as specified in Chapter 22.119 (Affordable Housing Replacement), Chapter 22.120 (Density Bonus), Chapter 22.121 (Inclusionary Housing), Section 22.128.200 (Supportive Housing Streamlining), Section 22.130.200 (Motel Conversions, Permanent ), or Section 22.140.660 (Motel Conversions, Temporary).

A.

Certification. Property owners shall certify with the LACDA that the income-restricted units are in conformance with the terms of the Housing Permit after the final certificate of occupancy is issued by Public Works for any dwelling unit in the project, and thereafter, on or before January 2 of each year.

B.

Fees. The applicant for an approved Housing Permit shall pay monitoring fees, as described in Subsection B.3.b (Housing Permit Monitoring Fees) of Section 22.250.010.

C.

Reporting. On or before April 1 of each year, the LACDA shall provide an annual report to the Director that describes the following:

1.

The location and status of each income-restricted unit, including, where applicable, those incomerestricted units restricted as transitional housing or supportive housing, approved in accordance with this Chapter; and

2.

The results of the certification of each income-restricted unit and a notification to the Director of any necessary actions to maintain the income-restricted units.

D.

Enforcement and Noncompliance. In the event of noncompliance, the owner of the income-restricted units shall be subject to Chapter 22.242 (Enforcement Procedures), the remedies described in the covenant and agreement, and any other remedies at law.

(Ord. 2021-0018 § 17, 2021; Ord. 2021-0017 § 30, 2021; Ord. 2020-0064 § 15, 2020; Ord. 2019-0053 § 26, 2019.)

Chapter 22.168 - LOS ANGELES COUNTY MILLS ACT PROGRAM