§ 22.121

The purpose of this Chapter is to ensure the inclusion of affordable housing units in housing developments that meet certain criteria, including those in section 65583.2(c) and (h) of the California Government Code,

and encourage mixed-income communities.

(Ord. 2025-0010 § 3, 2025; Ord. 2025-0008 § 1, 2025; Ord. 2020-0064 § 12, 2020.)

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

(Ord. 2020-0064 § 12, 2020.)

22.121.030 - Applicability.

Notwithstanding any contrary provisions in this Title 22, the provisions of this Chapter, in conjunction with Chapter 22.166 (Housing Permits), apply to the following:

A.

Unless as specified otherwise in Subsection B, below, all housing developments, excluding mobilehome parks, and projects to substantially rehabilitate and convert an existing commercial building to residential uses or the substantial rehabilitation of an existing multi-family dwelling, as defined in section 65863.4(d) of the California Government Code, where the result of the rehabilitation would be a net increase in available dwelling units, that meet all of the following:

1.

Has at least five or more baseline dwelling units;

2.

Is located in a submarket area, with the following exceptions:

a.

Rental projects or condominium projects located in the South Los Angeles or Antelope Valley submarket areas; or

b.

Rental projects located in the East Los Angeles/Gateway submarket area; and

3.

Is not located within an area subject to an affordable housing requirement pursuant to a development agreement, specific plan, or local policy.

B.

All housing developments located on lots that are in the following:

The 2021-2029 Revised Housing Element as one of the following:

a.

Nonvacant lot, identified to accommodate very low- or lower-income units in the Sites Inventory and included in the 2014-2021 Housing Element;

b.

Vacant lot, identified to accommodate very low- or lower-income units in the Sites Inventory and included in both the 2008-2014 and the 2014-2021 Housing Elements; or

c.

Sites that are rezoned to accommodate very low- or lower-income units; and

2.

One of the unincorporated communities as shown in Table 22.121.030-A, below:

(Ord. 2025-0011 § 1, 2025; Ord. 2025-0010 § 4, 2025; Ord. 2025-0008 § 2, 2025;Ord. 2024-0032 § 17, 2024; Ord. 2024-0029 § 6, 2024; Ord. 2023-0052 § 1, 2023; Ord. 2020-0064 § 12, 2020.)

Except as specified otherwise, an Administrative Housing Permit (Section 22.166.040) is required for any housing development subject to this Chapter.

(Ord. 2020-0064 § 12, 2020.)

A.

Projects that are subject to Section 22.121.030.A shall provide the following affordable housing set-aside:

1.

Rental. If the project consists of rental units, the affordable housing set-aside units shall be provided at an affordable rent, as described in Table 22.121.050-A, below.

TABLE 22.121.050-A:

INCLUSIONARY HOUSING REQUIREMENTS FOR RENTAL PROJECTS

Notes:

1. Units shall be set aside for extremely low, very low, or lower income households.

2. Projects with less than 15 baseline dwelling units.

3. Calculations for the average affordability shall comply with Subsection C (Calculation), below.

2.

For-sale. If the project consists of for-sale units, the affordable housing set-aside units shall be provided at an affordable sale price, as described in Table 22.121.050-B, below.

B.

Projects that are subject to Section 22.121.030.B shall provide a minimum of 20 percent affordable housing set-aside for lower-income households.

C.

Calculation.

1.

Inclusionary Housing Requirement.

a.

General. The inclusionary housing requirement shall be calculated using the baseline dwelling units exclusive of a manager's unit or units.

b.

Mixed Tenure Project. Where a project consists of both rental and for-sale units, the inclusionary housing requirement shall apply to both rental and for-sale units. The requirement for each tenure shall be

calculated separately using the baseline dwelling units under each tenure, exclusive of a manager's unit or units.

c.

All calculations resulting in fractional numbers shall be rounded up to the next whole number.

2.

Density Bonus. The affordable housing set-aside units required in Chapter 22.120 (Density Bonus) may count toward the affordable housing set-aside units required in this Chapter, in which case such units shall

be:

a.

Subject to Section 22.120.050.B.1 (Duration of Affordability); and

b.

Provided on-site.

3.

Affordable Housing Replacement. Affordable replacement units required, pursuant to Chapter 22.119 (Affordable Housing Replacement), may count toward the affordable housing set-aside units required in this Chapter.

4.

Average Affordability. Average affordability is the sum of each unit set aside for extremely low income, very low income, lower income, moderate income, or middle income households multiplied by the income level, and divided by the total number of affordable housing set-aside units.

D.

Comparability.

1.

Affordable housing set-aside units shall have the same number of bedrooms as the non-set-aside dwelling units. In a project with a variety of bedroom counts per dwelling unit, the percentage of affordable set-aside dwelling units with a particular number of bedrooms shall be equal to the percentage of non-set-aside dwelling units with the same number of bedrooms.

2.

The affordable housing set-aside units shall be indistinguishable from the non-set-aside units in terms of exterior and interior appearance and overall quality of construction. Where reasonable, interior finishes may consist of less expensive materials and equipment, provided they are new, durable, and of good quality.

3.

Affordable housing set-aside units shall have comparable access to building amenities as other non-setaside units.

4.

Affordable housing set-aside units shall not be overly concentrated in one area of the project, and shall be reasonably distributed throughout the project.

Affordable housing set-aside units in a common interest development or a single-family residential subdivision shall be for-sale only.

E.

Duration of Affordability.

1.

Rental. Except as specified otherwise in this Chapter, the affordability term for rental affordable housing set-aside units shall be in perpetuity.

2.

For-sale. The initial sale of the affordable housing set-aside units shall be restricted to eligible buyers and shall require an equity-sharing agreement with the County, as described in Chapter 22.166 (Housing Permits).

F.

Location. The required affordable housing set-aside units shall be provided on-site, or off-site provided that:

1.

The required affordable housing set-aside units are not subject to Chapter 22.120 (Density Bonus) or Subsection B, above;

2.

The off-site parcel is located in an unincorporated area of the County and is one of the following:

a.

Located within one-quarter mile of the principal project;

b.

Located within an area designated as Highest, High, or Moderate Resource by the State Tax Credit Allocation Committee and State Department of Housing and Community Development. Where the principal project is also located in an area designated as Highest, High, or Moderate Resource, the off-site parcel shall be located in an area with the same or higher resource designation as the principal project;

c.

Located within two miles of the principal project and in an area with known displacement risk based on evidence to the satisfaction of the Department; or

d.

Developed as part of a community land trust;

3.

The off-site parcel, its developable acreage, zoning and General Plan land use designation, is sufficient to permit the construction of the required set-aside units for the principal project;

4.

The required affordable housing set-aside units for the principal project shall not count toward the affordable housing set-aside units required on said off-site parcel pursuant to this Chapter;

5.

The construction of the affordable housing set-aside units for the principal project does not result in units requiring replacement of the off-site parcel, pursuant to Chapter 22.119 (Affordable Housing Replacement); and

6.

Where the applicant partners with a third-party developer for the provisions of the affordable housing setaside units on the off-site parcel:

a.

The applicant shall submit a memorandum of understanding ("MOU") to the Los Angeles County Development Authority ("LACDA") for review prior to the approval of an Administrative Housing Permit (Section 22.166.040) application. The MOU shall include the agreed upon payment or compensation that the applicant will give to the partnering third-party developer to construct the set-aside units, with sworn affidavits from both parties;

b.

Upon approval of the Administrative Housing Permit (Section 22.166.040) application, the Director shall notify the Commission of said approval with the following:

i.

The location of the off-site parcel;

ii.

The number of affordable housing set-aside units provided on the off-site parcel;

iii.

The household income levels assigned to such set-aside units;

iv.

The sizes (square footage) and number of bedrooms of such set-aside units; and

v.

A copy of the MOU between the applicant and the partnering third-party developer; and

c.

The approval of the Administrative Housing Permit (Section 22.166.040) application may be called for review by the Commission pursuant to Chapter 22.240 (Appeals).

G.

Covenant and Agreement Required. A covenant and agreement ensuring the continuing availability of affordable housing set-aside units shall be recorded, pursuant to Section 22.166.070 (Covenant and Agreement).

H.

Timing.

1.

All permits and entitlements, including the building permits, for the affordable housing set-aside units shall be obtained prior to or concurrently with the permits and entitlements, including the building permits, for the non-set-aside units.

2.

Where affordable housing set-aside units are provided off-site pursuant to Subsection F, above, such units shall obtain a certificate of occupancy from Public Works prior to the issuance of the final certificate of occupancy for the principal project.

(Ord. 2023-0052 § 2, 2023; Ord. 2021-0018 § 12, 2021; Ord. 2020-0064 § 12, 2020.)

22.121.060 - Incentive and Waiver or Reduction of Development Standard.

A project with any middle income affordable set-aside shall be eligible for one incentive and one waiver or reduction of a development standard, subject to the following:

A.

The project is not eligible to receive any incentive or waiver or reduction of development standard provided in Chapter 22.120 (Density Bonus);

B.

Incentive. The granting of an incentive pursuant to this Section is subject to the following:

1.

An Administrative Housing Permit (Section 22.166.040), unless any of the findings specified in Section 22.166.040.C.1.a are made, in which case a Discretionary Housing Permit (Section 22.166.050) application is required; and

2.

Said incentive shall not be used to request any density bonus or direct financial incentive, such as an exemption from, or a reduction in, the payment of any planning and zoning fees.

C.

Waiver or Reduction of Development Standard. The granting of a waiver or reduction of development standard pursuant to this Section is subject to an Administrative Housing Permit (Section 22.166.040), unless any of the findings specified in Section 22.166.040.C.1.b are made, in which case a Discretionary Housing Permit (Section 22.166.050) application is required.

(Ord. 2021-0010 § 30, 2021; Ord. 2020-0064 § 12, 2020.)

Notwithstanding any other provision of this Chapter, the requirements of this Chapter may be adjusted or waived, in whole or in part, for projects that are subject to Section 22.121.030.A, if the applicant demonstrates that applying the requirements of this Chapter would take property in violation of the United States or California Constitution, subject to the following:

A.

Written Request. The applicant shall bear the burden of presenting substantial evidence to support the adjustment or waiver. The request shall be submitted, in writing, at the time of initial application submittal. The request shall set forth the factual and legal basis for the claim and include financial and other information that the Director deems necessary to perform an independent evaluation of the applicant's rationale for the request.

B.

Determination. The Director will consider the request and issue a written determination, subject to the following;

1.

In making a determination, the Director may assume the following:

a.

The applicant will benefit from density bonuses, incentives, waivers, or other concessions pursuant to this Chapter or Chapter 22.120 (Density Bonus); and

b.

The applicant will provide the most economical inclusionary units feasible, meeting the requirements of this Chapter.

If the Director determines the requirements of this Section may be adjusted or waived, in whole or in part, then the inclusionary housing requirement(s) of the proposed housing development shall be adjusted or waived to reduce the obligations under this Chapter, only to the extent necessary to avoid an unconstitutional result.

C.

Appeal. The Director's determination may be appealed in the manner and within the time set forth in Chapter 22.240 (Appeals).

(Ord. 2023-0052 § 3, 2023; Ord. 2020-0064 § 12, 2020.)

To ensure consistency with long term economic trends, the Department shall evaluate the appropriateness of the affordable housing set asides in Table 22.121.050-A and Table 22.121.050-B and evaluate the boundaries of the submarket areas every five years from the effective date of this Chapter. The evaluation may be conducted more frequently as deemed appropriate by the Director.

(Ord. 2020-0064 § 12, 2020.)

Chapter 22.122 - LOW IMPACT DEVELOPMENT