§ 17.84 — Rosemead Zoning Code

17.84.010 - Purpose. ¶

The purpose of this chapter is to provide incentives for the development of housing for very low income, lower income, moderate income households and senior citizens in the city of Rosemead and to establish procedures for carrying out the legislative requirements and complying with California Government Code section 65915 et seq. In enacting this chapter, it is the intent of the City to facilitate the development of affordable housing by positively impacting the economic feasibility of providing lower income housing and implementing the goals, objectives, and policies of the City's Housing Element. If there is a conflict between any provision and State law, State law shall control. Projects requesting density bonuses, concessions, and/or incentives shall be approved by the City Council subject to the provisions of Section 17.84.140 and any other applicable requirements of this Code.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.84.020 - Applicability.

This chapter applies only to a housing development containing five or more dwelling units, excluding density bonus units. Chapter 17.21 and the Garvey Avenue Specific Plan shall apply to projects within the Specific Plan area.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

17.84.030 - Available density bonuses. ¶

Pursuant to State law, a density bonus may be selected from only one of the following categories, except as specified in Sections 17.84.100, 17.84.110 and 17.84.120. Available density bonuses for very low/lower/moderate-income and qualifying resident/senior units are summarized in Table 17.84.030.1.

A.

Basic Density Bonus for Very Low-Income Units. A residential development is eligible for a twenty (20) percent density bonus if the applicant seeks a density bonus and agrees to construct five percent of the total units of the residential development as units affordable to very low-income households. (For each additional one percent increase in units affordable to very low-income households, the density bonus shall be increased by two and one-half percent, up to a maximum density bonus of thirty-five (35) percent.)

B.

Basic Density Bonus for Lower-Income Units. A residential development is eligible for a twenty (20) percent density bonus if the applicant seeks a density bonus and agrees to construct ten (10) percent of the total units of the residential development as units affordable to lower-income households. (For each additional one percent increase in units affordable to lower-income households, the density bonus shall be increased by one and one-half percent, up to a maximum density bonus of thirty-five (35) percent.)

C.

Basic Density Bonus for Moderate-Income Ownership Units. A residential development is eligible for a five percent density bonus if the applicant seeks a density bonus and agrees to construct ten (10) percent of the total units as ownership units affordable to moderate-income households. (For each additional one

percent increase in ownership units affordable to moderate-income households, the density bonus shall be increased by one percent, up to a maximum density bonus of thirty-five (35) percent.)

D.

Basic Density Bonus for Qualifying Residents/Senior Housing. A housing development restricted to those identified as a "qualifying resident" under Government Code Section 65915 is eligible for a twenty (20) percent density bonus if it includes at least thirty-five (35) dwelling units, and the applicant seeks a density bonus. Housing developments for qualifying residents/seniors are not required under State law to be affordable to very-low, lower or moderate-income households.

Table 17.84.030.1

DENSITY BONUS SUMMARY FOR VERY LOW/LOWER/MODERATE-INCOME AND QUALIFYING RESIDENT/SENIOR UNITS

Target Housing Units	Minimum Amount of Target Units Required	Eligible Density Bonus	Additional Density Bonus for Each 1% Increase in Target Units	Maximum Density Bonus Allowed
Very Low-Income Households	5%	20%	2.5%	35%
Lower-Income Households	10%	20%	1.5%	35%
Moderate-Income Households (Ownership Units Only)	10%	5%	1%	35%
Qualifying Resident/Senior Housing	35 units (100% senior, no afordable units required)	20%	Not applicable	Not applicable

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.84.040 - Calculation of density bonus. ¶

A.

The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units and the allowable number of density bonus units, any calculations resulting in fractional units shall be rounded to the next larger whole number.

The developer may request a lesser density bonus than the project is entitled to, but no reduction will be allowed in the number of required target units. Regardless of the number of target units, no residential development shall be entitled to a total density bonus of more than thirty-five (35) percent.

C.

Each residential development is entitled to only one density bonus, which may be selected by the applicant based on the percentage of either very low-income target units, lower-income target units, or moderateincome ownership target units, or the project's status as qualifying resident/senior housing.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.84.050 - Density bonus general provisions.

A.

The clustering of density bonus units throughout the residential development project is permitted.

B.

A residential development shall not be precluded from providing additional affordable units or affordable units with lower rents or sales prices than required by this chapter; however, maximum density bonus limits shall still apply.

C.

The granting of a density bonus or incentive/concession, in and of itself, shall not be interpreted to require a General Plan amendment, Zoning Code amendment, Zone Change, or other discretionary approval.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.84.060 - Requirements for targeted affordable dwelling units.

A.

The targeted affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole.

B.

The target affordable units shall be comparable in the facilities provided (e.g., laundry, recreation, etc.).

C.

The exterior of targeted affordable units shall be substantially similar to the market rate units.

D.

The target affordable units may be smaller and have different interior finishes and features than the market rate units.

E.

Each targeted affordable unit shall be constructed per the requirements of this Title, unless otherwise waived as a concession/incentive.

F.

On-site targeted affordable units shall be dispersed throughout the residential development.

G.

Targeted affordable units shall remain as such throughout the term of the density bonus housing agreement, required pursuant to Section 17.84.140 (Density Bonus Housing Agreement).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.84.070 - Additional incentive/concession for projects with affordable units.

A.

Identification of "Incentive" or "Concession". Incentives or concessions that may be requested pursuant to this chapter may include the following:

1.

A reduction of development standards or a modification of Zoning Code requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the State Health and Safety Code and which result in identifiable, financially sufficient, and actual cost reductions. The reduction of development standards or modification of Zoning Code requirements may include, but are not limited to, the following:

a.

Reduction of required minimum lot sizes.

b.

Reduction of required lot dimensions.

c.

Reduction in the size of required yards.

d.

Increase in the allowable maximum lot coverage or reduction in the size of required usable open space.

e.

Increase in the maximum building height.

f.

Reduction of the minimum distance requirement between buildings.

2.

Applicants may seek a waiver or modification of development standards that will have the effect of precluding the construction of a residential development at the densities or with the incentives or concessions permitted by this chapter. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible based upon appropriate financial analysis and documentation.

3.

Allowing for mixed-use buildings or developments in conjunction with the residential development, if nonresidential land uses will reduce the cost of the residential development, and if the City finds that the proposed nonresidential uses are compatible with the residential development and with existing or planned development in the area where the proposed residential development will be located.

4.

Deferral of development impact fees (e.g., park fees or traffic impact fees) until occupancy.

5.

Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable, financially sufficient, and actual cost reductions.

B.

Eligibility for Incentives and Concessions. If the applicant seeks a density bonus and agrees to construct the specified number of target affordable units, a residential development project shall be eligible for one or more incentives and concessions as follows in Table 17.84.070.1. Incentives or concessions may be selected from only one category (very low-, lower-, or moderate-income).

Table 17.84.070.1: Summary of Maximum Number of Incentives/Concessions Based on Target Affordable Units Provided

Target Units as a Percentage of Total Units in Project	Maximum Number of Incentive(s)/Concession(s) Allowed
Very Low-Income Units
5%	1
10%	2
15%	3
Lower-Income Units
10%	1
20%	2
30%	3

Moderate-Income Units (Ownership Units Only)
10%	1
20%	2
30%	3

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.84.080 - Parking standards. ¶

A.

Upon request of the applicant, the maximum following parking standards shall apply, inclusive of handicapped and guest parking spaces, to the housing development that meets the standards of Section 17.84.030 (Available Density Bonuses).

1.

One on-site parking space for up to one bedroom;

2.

Two on-site parking spaces for up to three bedrooms;

3.

Two and one-half parking spaces for more than three bedrooms.

B.

All parking calculations for the development resulting in a fraction shall be rounded up to the next whole number.

C.

Parking may be provided by tandem parking or uncovered parking, but not by on street parking.

D.

Applicant may request additional parking incentives or concessions beyond those provided in this section pursuant to Section 17.84.070 (Additional Incentive/Concession for Projects with Affordable Units).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.84.090 - Granting an incentive or concession. ¶

When the requirements of this chapter are satisfied, the requested incentive/concession shall be granted unless the City Council makes the following finding based on evidence in the record: The requested incentive/concession is not required to make the units affordable.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.84.100 - Land donation—Density bonus. ¶

The following density bonus applies only when land is donated for the construction of very low-income housing:

A.

Eligible Amount of Density Bonus for Land Donation. A residential development is eligible for a fifteen (15) percent density bonus if the applicant seeks a density bonus and agrees to donate and transfer ten (10) percent of the land within the project for the development of units affordable to very low-income households. For each additional one percent increase above the minimum ten (10) percent land donation, the density bonus shall be increased by one percent, up to a maximum of thirty-five (35) percent. This increase shall be in addition to any increase in density allowed by Section 17.84.030, up to a maximum combined density bonus of thirty-five (35) percent if an applicant seeks both the density bonus authorized by this section and the density bonus authorized by Section 17.84.030. These provisions are summarized in Table 17.84.120.1, Density Bonus Summary for Land Donation, Day Care Center and Condominium Conversion.

B.

Necessary Findings. The City may approve the density bonus described in this Section if it makes all of the following findings when approving the residential development:

1.

The applicant will donate and transfer the land no later than the date of approval of the final map, parcel map, or applicable development review application for the residential development.

2.

The developable acreage and zoning regulations of the applicable zoning district of the land to be transferred will permit construction of units affordable to very low-income households in an amount not less than ten (10) percent of the total number of residential units in the proposed development, or will permit construction of a greater percentage of affordable units if proposed by the developer to qualify for a density bonus of more than fifteen (15) percent.

3.

The transferred land is at least one acre in size or is large enough to permit development of at least forty (40) units, has the appropriate General Plan land use designation, has the appropriate zoning and development standards to make feasible the development of very low-income housing, and at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure.

C.

Requirements for Land Donation.

1.

No later than the date of approval of the final map, parcel map, or other applicable development review application for the residential development, the transferred land shall have all of the applicable development permits and approvals, other than any required building permit approval, necessary for the development of the very low-income housing units on the transferred land unless the City Council finds that the applicant has provided specific assurances guaranteeing the timely completion of the very low-income units, including satisfactory assurances that construction and permanent financing will be secured for the construction of the units within a reasonable time.

2.

The transferred land and the very low-income units constructed on the land shall be subject to a recorded density bonus housing agreement, required pursuant to Section 17.84.140, ensuring continued affordability of the units consistent with the density bonus housing agreement, which restriction on the property shall be filed for recordation by the Community Development Director with the Los Angeles County Recorder's Office at the time of dedication.

3.

The land shall be transferred to the City or to a housing developer approved by the City. The City reserves the right to require the applicant to identify a developer for the very low-income units and to require that the land be transferred to that developer.

4.

The transferred land is within the site boundaries of the proposed residential development. However, the transferred land may be located within one-quarter mile of the boundary of the proposed residential development provided that the City Council finds, based on substantial evidence, that off-site donation will provide as much or more affordable housing at the same or lower income levels, and of the same or superior quality of design and construction, and will otherwise provide greater public benefit than donating land on-site.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.84.110 - Day care centers—Density bonus, incentive or concession.

A.

A residential development that includes affordable target units and a day care center that will be located on the premises of, as part of or adjacent to the residential development, is eligible for either of the following, (summarized in Table 17.84.120.1, Density Bonus Summary for Land Donation, Day Care Center and Condominium Conversion), at the option of the City, and if requested by the applicant:

1.

A density bonus in addition to that permitted by Section 17.84.030 that is equal to the square footage of the gross floor area of the day care center; or

2.

An additional incentive/concession that contributes significantly to the economic feasibility of the construction of the day care center.

B.

The City may approve the density bonus or incentive/concession described in this Section if it makes all of the following findings and requires as a condition of approval that:

1.

The day care center will remain in operation for a period of time equal to or longer than the period of time during which the target units are required to remain affordable pursuant to the density bonus housing agreement.

2.

Of all children who attend the day care center, the percentage of children from very low-income households, lower-income households, or moderate-income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low-income households, lowerincome households, or moderate-income households in the residential development.

C.

The applicant shall be responsible for all costs of monitoring compliance with these conditions of approval.

D.

Notwithstanding any other requirement of this chapter, the City shall not be required to provide a density bonus or incentive or concession for a day care center if it finds, based upon substantial evidence, that the community already has adequate day care center facilities.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.84.120 - Condominium conversions—Density bonus. ¶

A.

An applicant shall be eligible for either a density bonus or other incentives or concessions of equivalent financial value in accordance with State law if the applicant for a conversion of existing rental apartments to condominiums agrees to provide fifteen (15) percent of the total units in the condominium conversion project as target units affordable to lower-income households, or to provide thirty-three (33) percent of the total units in the condominium conversion project as target units affordable to moderate-income households. Table 17.84.120.1, Density Bonus Summary for Land Donation, Day Care Center and Condominium Conversion, summarizes these requirements. All such target units shall remain affordable for the period specified in the density bonus housing agreement, required pursuant to Section 17.84.140.

B.

In condominium conversion projects if the number of affordable target units meets or exceeds the percentages specified in Subsection A, a density bonus of up to twenty-five (25) percent of the number of units to be provided within the existing structure or structures proposed for conversion shall be allowed.

C.

No condominium conversion shall be eligible for a density bonus if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives or concessions were previously provided pursuant to this chapter or Government Code Section 65915.

Table 17.84.120.1: Density Bonus Summary for Land Donation, Day Care Center and Condominium Conversion

Category	Minimum Amount of Land or Target Units Required	Eligible Density Bonus	Notes
Land Donation for Very low-income Housing	10% of the land for the project	15% (additional 1% density bonus for each 1% increase in donated land, up to a maximum of 35%)	This increase shall be in addition to any increase in density allowed by Section 17.84.030,up to a maximum combined density bonus of 35 percent
Day Care Center	—	Equal to the square footage of the gross foor area of the day care center	Eligible for either a density bonus or other incentives/concessions of equivalent fnancial value in accordance with State law, at the City's option. This shall be in addition to any increase in density allowed by Section 17.84.030
Condominium Conversion— Lower-Income Households	15% of total units in project	25%	Eligible for either a density bonus or other incentives/concessions of equivalent fnancial value in accordance with State law
Condominium Conversion— Moderate-Income Households	33% of total units in project	25%	Eligible for either a density bonus or other incentives/concessions of equivalent fnancial value in accordance with State law

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.84.130 - Density bonus application requirements and process.

The request for a density bonus and proposals for incentives or concessions shall be made in writing at the time of filing the housing development application and shall be process in conjunction with the underlying application, and shall be accompanied by a fee in an amount established by resolution of the City Council. The information required to be submitted in the application shall be set forth on a checklist provided by the Community Development Department. The application must contain the following information and the following items:

A.

Project Description. Detailed project description for the highest and best use development on the site given the existing conditions ("base case"). This description should not include any affordable units or assume an increase in density or any development concessions and waivers. It should include, but is not limited to, the following:

1.

Unit mix by type of unit, including the size of each unit;

2.

Gross building area and net building area;

3.

Construction type;

4.

Number of parking spaces as well as where the parking is located (subterranean garage, tuck-under, attached garages, above-grade, parking garage, etc.);

5.

Project amenities; and

6.

Site plan.

B.

Concessions or Incentives Statement. A signed letter from the property owner detailing all requested concessions or incentives and how each of the requested items relates to the affordability of the project as well as change the project description under the base case.

C.

Appraisal and Purchase Agreement for the Site.

D.

Proforma. A completed proforma that outlines the financial justification for each specific concession or incentive requested. The application must clearly demonstrate how granting each request will make actual cost reductions in order for the designated units to be affordable.

1.

The proforma shall show the cost comparison of the project without the requested incentives or concessions ("base case") versus the proposed project with density bonus and each requested incentives or concession. A proforma shall be provided for the base case (what can be built on site without any waivers or density bonus); base case + concession 1 (what concession 1 adds to the feasibility of the project); same for concessions 2 and 3, and then submit actual proposal (density bonus + all concessions). The proforma shall include the following:

a.

Direct Construction Costs: The proforma shall break-out the contractor fees, contingency allowance, shell costs, parking garage costs, on-site improvements, off-site improvements, and any extraordinary costs.

b.

Indirect Costs: the proforma shall provide an itemization of architecture, engineering and consulting fees; permits and fees; taxes, legal and accounting fees; insurance costs; marketing costs; developer fee; and contingency allowance.

c.

Financing Costs: The proforma shall provide details on the financing assumptions for the project (interest rate, construction and absorption periods, loan size, and loan fees). Also include any sales costs such as commissions, warranties, and closing costs.

d.

The proforma shall list sales revenues by product type and income restriction category, and provide a market study to support the estimated sales prices.

e.

The proforma shall include a calculation of the total developer profit.

E.

Statement of Findings for Incentives/Concessions. The application shall describe how the following finding is met in order to grant the requested waivers.

1.

The requested incentive/concession is required to make the units affordable.

F.

Childcare Facility Permit.

1.

Concession/Incentive Statement: A signed letter from the property owner detailing the requested concessions/incentives which contributes to the economic feasibility to construct the child care facility.

2.

Proforma: Included with the above proforma, the cost comparison of the project without the requested incentives/concessions ("base case") versus the proposed project with the child care facility and the additional incentives/concession shall be shown.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.84.140 - Density bonus housing agreement.

A.

Before a density bonus granted by the City Council is effective, the developer must execute a density bonus housing agreement with the City. The density bonus housing agreement must include and identify the following:

1.

Type, size, and location of each target unit.

2.

The term of the agreement.

3.

The terms of the construction of the target units.

4.

Means of availability of the target units.

B.

The agreement must be reviewed and approved by the Community Development Director prior to City Council approval. The City Council shall direct execution and recordation of the agreement.

C.

The terms of the agreement as specified may be lengthened as required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. However, lower income and qualifying residential units shall be maintained as affordable for a minimum of thirty (30) years, and moderate income units shall be maintained as affordable for ten (10) years.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.88 - LIGHTING