Sec. 26-146. - Application requirements.

(a)

Any applicant requesting a density bonus and any incentive(s), concession(s), waiver(s), parking reductions, or commercial development bonus provided by state density bonus law shall submit a density bonus application as described below concurrently with the filing of the planning application for the first discretionary permit required for the housing development, commercial development, or mixed-use development. The requests contained in the density bonus report shall be processed concurrently with the planning application. The applicant shall be informed whether the application is complete consistent with California Government Code Section 65943.

(b)

The density bonus application shall include the following minimum information:

(1)

Requested density bonus.

(2)

Summary table showing the maximum number of dwelling units permitted by the zoning and General Plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

(3)

A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.

(4)

The zoning and General Plan designations and assessor's parcel number(s) of the housing development site.

(5)

A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.

(6)

Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very-low or lower income households in the five-year period preceding the date of submittal of the application.

(7)

If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in California Government Code Section 65915, subdivision (g) can be met.

(8)

Requested concession(s) or incentive(s). In the event an application proposes concessions or incentives (a reduction in site development standards or a modification of zoning code or architectural design requirements) for a housing development pursuant to state density bonus law, the density bonus report shall include the following minimum information for each incentive requested, shown on a site plan if appropriate:

a.

The City's usual development standard and the requested development standard or regulatory incentive.

(9)

Requested waiver(s). In the event an application proposes waivers of development standards for a housing development pursuant to state density bonus law, the density bonus report shall include the following minimum information for each waiver requested on each lot, shown on a site plan if appropriate:

a.

The City's usual development standard and the requested development standard.

b.

Reasonable documentation that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915.

(10)

Requested parking reduction. In the event an application proposes a parking reduction for a housing development pursuant to California Government Code Section 65915, subdivision (p), a table showing parking required by the zoning regulations, parking proposed under Section 65915, subdivision (p), and reasonable documentation that the project is eligible for the requested parking reduction.

(11)

Child-care facility. If a density bonus or incentive is requested for a child-care facility in a housing development, reasonable documentation that all of the requirements included in California Government Code Section 65915, subdivision (h) can be met.

(12)

Condominium conversion. If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all the requirements included in California Government Code Section 65915.5 can be met.

(13)

Commercial development bonus. If a commercial development bonus is requested for a commercial development, the application shall include the proposed partnered housing agreement and the proposed commercial development bonus, as defined in Section 21.86.110, and reasonable documentation that each of the standards included in Subsection 21.86.110(C) has been met.

(14)

Fee. Payment of any fee in an amount set by resolution of the City Council for staff time necessary to determine compliance of the density bonus plan with state density bonus law.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-147. - Density bonus.

(a)

All calculations are rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density as well as the resulting number of affordable units needed for a given density bonus project.

(b)

When calculating the density bonus, the base density shall be the allowed gross density of the property allowed under the applicable zoning code.

(c)

If a housing development qualifies for a density bonus under more than one (1) income category, or additionally as a senior citizen housing development as defined in state density bonus law, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted. Density bonuses from more than one (1) category can be combined up to the maximum allowed under state density bonus law.

evelopment as defined in state density bonus law, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted. Density bonuses from more than one (1) category can be combined up to the maximum allowed under state density bonus law.

(d)

The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to state density bonus law.

(e)

The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in California Government Code Section 65915, subdivisions (b), (c), and (f). Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than what is authorized under state density bonus law.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-148. - Discretionary density bonuses.

(a)

In providing opportunities for the granting of density bonuses in excess of those specified in article IV, division 3, it is the City's intent to be of further meaningful assistance to promoting the development of housing to meet the diverse housing needs of the community. This notwithstanding, proposals for discretionary density bonuses shall be carefully reviewed and considered and may only be granted where standards set forth under subsection (b) have been determined to be met.

(b)

Determination of discretionary density bonuses. Rather than utilizing a specific formula, the determination of whether and at what level to grant a discretionary density bonus shall be based on a case-by-case evaluation of proposed housing developments. The factors to be considered in this evaluation shall include, but are not limited to:

(1)

The type and extent of target units being proposed.

(2)

That the density bonus is necessary to make the project economically feasible.

(3)

That the proposed housing will help fulfill the housing needs of the community as established within the housing element of the General Plan.

(4)

That the housing development reflects high standards in the quality of design and provision of amenities.

(5)

That the proposed housing development is compatible with the surrounding neighborhood.

(c)

A density bonus of greater than thirty-five (35) percent above the otherwise allowable density, but in no case greater than one hundred (100) percent as allowed in each income category of the state density bonus law may be granted at the City's discretion to applicants that agree to provide the following types of housing, provided said housing developments comply with all other provisions of this division.

(1)

Greater than fifty (50) percent of the total dwelling units reserved for qualifying residents (senior citizens); or

(2)

Any combination of dwelling units, meeting or exceeding the minimum percentages specified state density bonus law, reserved for and affordable to very low-income households, reserved for and affordable to lower-income households, and reserved for qualifying residents (senior citizens).

(d)

A density bonus of greater than thirty-five (35) percent above the otherwise allowable density, but in no case greater than two hundred (200) percent, may be granted at the City's discretion to applicants that agree to provide any combination of dwelling units where all of the units are reserved for and affordable to very low- income households and/or lower-income households.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-149. - Incentives and concessions.

(a)

Incentives and concessions area a reduction in site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards, and which results in identifiable, financially sufficient, and actual cost reductions, including, but not limited to:

(1)

Reduced minimum lot sizes and/or dimensions.

(2)

Reduced minimum lot setbacks.

(3)

Reduced minimum outdoor and/or private outdoor living area.

(4)

Increased maximum lot coverage.

(5)

Increased maximum building height and/or stories.

(6)

Reduced minimum building separation requirements.

(7)

Reduced street standards, such as reduced minimum street widths.

(8)

Reduced standards included in the West Covina Multi-Family Objective Design Standards.

(b)

If an applicant requests a height increase pursuant to AB 2334 (2022), increased maximum building height and/or stories may not be granted as a concession.

(c)

The number of incentives or concessions that may be requested shall be based upon the number the applicant is entitled to pursuant to state density bonus law.

(d)

Nothing in this section requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

(e)

For the purposes of this calculation, each individual deviation from the zoning requirements, rules, or other standards or conditions of the City shall constitute a separate concession. However, a variation in one (1) standard or requirement shall constitute only one (1) concession if, by necessity, the one (1) variation results in the automatic and unavoidable variation in a second standard.

(f)

Concessions shall not be provided to a development which obtains its entire density bonus entitlements through a qualifying land dedication.

(g)

Findings to deny incentive or concession. The City shall grant the incentive or concession requested by the applicant unless the City makes a written finding based upon substantial evidence of any of the following:

(1)

The incentive or concession is not required in order to provide for affordable housing costs or for affordable rents for the restricted units;

(2)

The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or

(3)

The incentive or concession would be contrary to state or federal law.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)