§ 18.66

This chapter establishes procedures to implement the state's Density Bonus Law as set forth in Government Code Section 65915. The incentives in this chapter are used by the city as a means of meeting its commitment to encouraging the provision of affordable housing to all economic groups living within the City.

(Ord. 2911 § 1 (part), 2008)

As used in this chapter, the following terms shall have the following meanings:

"Concessions or other incentives" means a reduction in a site development standard or the modification of a zoning code requirement that results in identifiable, financially sufficient, and actual cost reduction; or, approval of nonresidential land uses in conjunction with the housing project if such other land uses will

reduce the cost of the housing development and are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located; or other concession or regulatory incentive that results in identifiable, financially sufficient, and actual cost reduction, as determined by the city in its sole discretion. A concession or other incentive does not include additional density beyond that allowed in this chapter.

"Density bonus" means an increase in density above the otherwise maximum allowable residential density under this title and the land use element of the general plan as of the date the development application for the project is deemed complete.

"Development standard" means any site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. A development standard subject to waiver under this chapter does not include additional density beyond that allowed in this chapter.

"Director" means the director of the city of Whittier department of community development or his/her designee.

"Low-income households" means "lower income households" as that term is defined by Section 50079.5 of the Health and Safety Code.

"Moderate-income households" means "persons and families of low or moderate income" as that term is defined by Section 50093 of the Health and Safety Code.

"Very low-income households" means "very low-income households" as that term is defined by Section 50105 of the Health and Safety Code.

(Ord. 2911 § 1 (part), 2008)

18.66.030 - Applicability.

The provisions of this chapter apply only to multifamily residential and mixed-use development projects consisting of five or more dwelling units, not including the units granted as a density bonus.

(Ord. 2911 § 1 (part), 2008)

18.66.040 - Density bonus allowance.

The amount of the density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable dwelling units meets the percentage established in the following section. When calculating the number of density bonus units allowed, any fraction of a residential unit shall be counted as a whole unit. An applicant may elect to accept a lesser percentage of density bonus units. An applicant may not seek a density bonus greater than that provided in this chapter or by state law.

A.

Density Bonus Requirement. Upon request and application of a developer, the city shall grant a density bonus in accordance with this section if the applicant seeks and agrees to construct one of the following:

1.

At least five percent of the units are dedicated to very low-income households;

2.

At least ten percent of the units are dedicated to low-income and very low-income households;

3.

At least ten percent of the units are dedicated to moderate-income households and are available to the general public for sale; or

4.

A senior citizen housing development as defined by Section 51.3 of the Civil Code.

B.

Inclusionary units required by Section 18.11.040 and alternatives to inclusionary units allowed by Section 18.11.050 shall not count toward the minimum number of affordable units required by Section 18.66.050(A) to qualify for a concession or other incentive under.

C.

Calculation of Density Bonus.

1.

The density bonus for very low-income units shall be calculated in accordance with the following table:

Increase in Allowable Density for Very

Low-Income Units

2.

The density bonus for low-income units shall be calculated as follows:

Increase in Allowable

Density for Low-Income Units

3.

The density bonus for moderate-income ownership units shall be calculated as follows:

Increase in Allowable Density for

Moderate-Income Units

The density bonus for a senior citizen housing development, as defined by Section 51.3 of the Civil Code, shall be twenty percent.

5.

In calculating the number of units required for very low-, low-, and moderate-income households, the density bonus units shall not be included.

D.

Bonuses not Combined. The bonuses that are available under this section shall not be combined.

(Ord. 2911 § 1 (part), 2008)

A.

Concessions and Other Incentives. An applicant who utilizes the density bonus provisions of this chapter may request one or more concessions or other incentives as follows:

1.

One concession or other incentive for projects that include at least five percent of the units for very lowincome households, ten percent of the units for low-income households, or ten percent of the units for moderate-income households when the units are available for sale to the public.

2.

Two concessions or other incentives for projects that include at least ten percent of the units for very lowincome households, twenty percent of the units for low-income households, or twenty percent of the units for moderate-income households when the units are available for sale to the public.

3.

Three concessions or other incentives for projects that include at least fifteen percent of the units for very low-income households, thirty percent of the units for low-income households, or thirty percent of the units for moderate-income households when the units are available for sale to the public.

B.

Inclusionary units required by Section 18.11.040 and alternatives to inclusionary units allowed by Section 18.11.050 shall not count toward the minimum number of affordable units required by subsection A of this section to qualify for a concession or other incentive under.

C.

Procedure. To obtain concessions or other incentives pursuant to this section, an applicant must apply for an affordable housing concession permit on a form approved by the director. The director shall approve any proposed concessions or other incentives subject to the following findings:

The concession or incentive is required in order for the designated units to be affordable. This finding need not be made for any of the following concessions:

a.

A twenty percent reduction in the required front yard setback.

b.

A twenty percent reduction in the required side yard setback.

c.

A twenty percent reduction in the required rear yard setback.

d.

A five percent increase in maximum building height.

e.

A floor area ratio bonus of five percent.

f.

A ten percent reduction in the minimum required distance between on-site building and structures.

2.

The concession or incentive would not have a specific adverse impact on public health, public safety, or the physical environment, and would not have an adverse impact on a property that is eligible for or has been listed on any local, state or federal register of historic resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact(s), without rendering the development unaffordable to low- and moderate-income households. A specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions, as they existed on the date the development application was deemed complete by the city.

(Ord. 2911 § 1 (part), 2008)

A.

Waiver of Development Standards. If compliance with a development standard would preclude construction of a residential or mixed-use project utilizing a density bonus or concession or incentive, pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the housing units economically feasible.

B.

Procedure. To obtain a waiver of development standards pursuant to this section, an applicant must apply for a waiver of development standards permit on a form approved by the director. The director shall approve any proposed waiver of development standards subject to the following findings:

1.

The waiver or reduction in a development standard is required for construction of the development project at the density to which the project is entitled and with all concessions or other incentives approved for the project; and

2.

The waiver or reduction in a development standard is necessary to make the housing units economically feasible; and

3.

The waiver or reduction in a development standard will not have a specific adverse impact on public health, public safety, or the physical environment, and will not have an adverse impact on a property that is eligible for or has been listed on any state or federal register of historic resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households.

(Ord. 2911 § 1 (part), 2008)

18.66.070 - Floor area bonus and concessions for child day-care center.

A.

Floor Area Bonus or Concession for Inclusion of Child Day-Care Facility. An applicant for a development project that complies with the density bonus requirement of this chapter and that also includes a child daycare center that will be located on the premises of, as part of, or adjacent to, the project may request one additional bonus or concession from among the following:

1.

Additional net floor area for housing units that is equal to or greater than the net floor area in the child daycare center; or

2.

A concession that contributes significantly to the economic feasibility of the construction of the child daycare center, in addition to a concession granted for designated dwelling unit.

B.

Procedure. To obtain a floor area bonus or concession for inclusion of child day-care facility pursuant to this section, an applicant must apply for a child-care bonus or concession permit on a form approved by

the director. The director shall approve any proposed bonus or concession or other incentives subject to the following findings:

1.

The bonus or concession would contribute significantly to the economic feasibility of the construction of the child day-care center; and

2.

The bonus or concession would not have a specific adverse impact on public health, public safety, or the physical environment, and would not have an adverse impact on a property that is eligible for or has been listed on any state or federal register of historic resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households. A specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions, as they existed on the date the application was deemed complete.

C.

Conditions of Approval. Child-care bonus or concession permits shall be subject to the following conditions:

1.

The child day-care center shall remain in operation for a period of time that is equal to or longer than the period during which the designated dwelling units are required to be affordable; and

2.

Of the children who attend the child day-care center, the children of very low-income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low- or low-income households or families of moderate income.

D.

Notwithstanding any other provision of this section, the director shall not approve any proposed bonus or concession or other incentives for a child day-care facility if there is substantial evidence that the local community already has adequate child care facilities.

(Ord. 2911 § 1 (part), 2008)

A.

Bonus for Donation of Land. An applicant requesting approval of a tentative tract or parcel map or other residential development approval who donates land to the city shall be entitled to a density bonus for the

entire development above the density allowable under this title and the land use element of the general plan.

B.

Requirements for Bonus. The following requirements must be met to be eligible for a density bonus pursuant to this section:

1.

The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

2.

The developable acreage and zoning classification of the land being transferred shall be sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent of the number of residential units of the proposed development.

3.

The transferred land shall be at least one acre in size or of sufficient size to permit development of at least forty units, subject to an appropriate general plan designation, appropriately zoned for development as affordable housing, and served by or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than concept design review and building permits, necessary for development of the very low-income housing units on the transferred land.

4.

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units, consistent with Section 18.66.100.

5.

The land shall be transferred to the city or to a housing developer approved in writing by the city.

6.

The transferred land shall be within the boundary of the proposed development or, with approval of the director, within one-quarter mile of the boundary of the proposed development. Notwithstanding the foregoing, the director may agree to the transferred land being more than one-quarter mile of the boundary of the proposed development.

C.

Density Bonus of Up to Thirty-Five Percent. The density bonus for donation of land for very low-income units shall be calculated as follows:

Increase in Allowable Density for Donation

D.

Bonuses May be Combined. A bonus for the donation of land may be combined with a bonus granted under Section 18.66.040.

(Ord. 2911 § 1 (part), 2008)

A.

An applicant that meets the minimum requirements of Section 18.66.040(A) shall be granted, upon request, the following alternative parking requirements:

B.

If the total number of parking spaces required for the development is other than a whole number, the number shall be rounded up to the next whole number. A development may provide on-site parking through tandem parking or uncovered parking on the project site.

C.

Except as expressly provided for in this section or state law, all residential development shall comply with the parking requirements and standards found in Chapter 18.48.

(Ord. 2911 § 1 (part), 2008)

A.

Low and Very Low-Income—Covenant for Thirty Years. A covenant or other document satisfactory to the city attorney shall be recorded before issuance of a building permit, which shall ensure that the low- and very low-income density bonus units are at all times rented or sold to, and remain affordable at, the applicable income level for at least thirty years.

B.

Moderate-Income—Recapture of Financial Interest. A covenant or other document satisfactory to the city attorney shall be recorded before issuance of a building permit, which shall ensure that the moderateincome density bonus units are initially occupied by persons or families at a moderate-income level. Moderate-income units may be offered for subsequent sale to an above-moderate income purchaser; provided that the sale shall result in a recapture by the city, or its designee, of a financial interest in the unit equal to the sum of:

1.

The difference between the initial moderate income level sales price and the appraised value at the time of the initial sale; and

2.

A proportionate share of any appreciation.

C.

Forfeiture of Funds. Any individual who rents a unit in violation of this chapter shall be required to forfeit all rents above the applicable affordable rate; any individual who sells a unit in violation of this chapter shall be required to forfeit all profits from the sale exceeding the difference between the sale price and the applicable affordable sales price. Recovered funds shall be deposited in to the city's affordable housing trust fund.

(Ord. 2911 § 1 (part), 2008)

18.66.110 - Administrative procedures.

The city manager or her/his designee may adopt administrative procedures for implementation of this chapter.

(Ord. 2911 § 1 (part), 2008)

Chapter 18.67 - TRANSPORTATION DEMAND MANAGEMENT

18.67.010 - Definitions.

The following words or phrases shall have the following meanings when used in this chapter:

A.

"Alternative transportation" means the use of modes of transportation other than the single passenger motor vehicle, including but not limited to carpools, vanpools, bus pools, public transit, walking and bicycling.

B.

"Applicable development" means any development project that is determined to meet or exceed the project size threshold criteria contained in Section 10.68.030 of this chapter.

C.

"Buspool" means a vehicle carrying sixteen or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

D.

"Carpool" means a vehicle carrying two to six persons commuting together to and from work on a regular basis.

E.

"The California Environmental Quality Act (CEQA)," a statute that requires all jurisdictions in the State of California to evaluate the extent of environmental degradation posed by proposed development.

F.

"Developer" shall mean the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this chapter as determined by the property owner.

G.

"Development" means the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this chapter and which exceed the thresholds defined in Section 10.68.030 shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.

H.

"Employee parking area" means the portion of total required parking at a development used by on-site employees as specified in the city's zoning code.

I.

"Preferential parking" means parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.

J.

"Property owner" means the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of the chapter either directly or by delegating such responsibility as appropriate to a tenant and/or his/her agent.

K.

"South Coast Air Quality Management District (SCAQMD)" is the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (the non-desert portions of Los Angeles, Orange, Riverside, and San Bernardino counties).

L.

"Tenant" means the lessee of facility space at an applicable development project.

M.

"Transportation Demand Management (TDM)" means the alteration of travel behavior - usually on the part of commuters - through programs of incentives, services, and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

N.

"Trip reduction" means reduction in the number of work-related trips by single occupant vehicles.

O.

"Vanpool" means a vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven or fifteen adult passengers, and on a prepaid subscription basis.

P.

"Vehicle" means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.

(Ord. No. 2939, § 1, 11-10-09)

18.67.020 - Review of transit impacts.

Prior to approval of any development project for which an Environmental Impact Report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., or based on a local determination, regional and municipal fixedroute transit operators providing service to the project shall be identified and consulted with. Projects for which a notice of preparation (NOP) for a draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this chapter shall be exempted from its provisions. The "Transit Impact Review Worksheet", contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent a NOP for all contemplated EIRs and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommended transit services or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the draft environmental impact report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA.

Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR.

(Ord. No. 2939, § 1, 11-10-09; Ord. No. 3121, § 15, 8-25-20)

18.67.030 - Transportation demand and trip reduction measures.

A.

Applicability of Requirements. Prior to approval of any development project, the applicant shall make provision for, as a minimum, all of the following applicable transportation demand management and trip reduction measures.

This chapter shall not apply to projects for which a development application has been deemed "complete" by the city pursuant to Government Code Section 65943, or for which a notice of preparation for a DEIR has been circulated or for which an application for a building permit has been received, prior to the effective date of this chapter.

All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.

B.

Development Standards.

(1)

Non-residential development of twenty-five thousand square feet or more shall provide the following to the satisfaction of the city:

A.

A bulletin board, display case, or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:

1.

Current maps, routes and schedules for public transit serving the site;

2.

Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;

3.

Ridesharing promotional material supplied by commuter-oriented organizations;

4.

Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;

5.

A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

(2)

Non-residential development of fifty thousand square feet or more shall comply with Section 10.68.030(B) (1) above and shall provide all of the following measures to the satisfaction of the city:

A.

Not less than ten percent of employee parking area shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of the city. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all times at least one space for projects of fifty thousand square feet to one hundred thousand square feet and two spaces for projects over one hundred thousand square feet will be signed/striped for carpool/vanpool vehicles.

B.

Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches shall be provided for those spaces and access ways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas.

C.

Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first fifty thousand square feet of non-residential development and one bicycle per each additional fifty thousand square feet of non-residential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers, or locked room) shall be to the satisfaction of the city.

(3)

Non-residential development of one hundred thousand square feet or more shall comply with Sections 10.68.030(B)(1) and 10.68.030(B)(2) above, and shall provide all of the following measures to the satisfaction of the city:

A.

A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.

B.

Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development.

C.

If determined necessary by the city to mitigate the project impact, bus stop improvements must be provided. The city will consult with the local bus service providers in determining appropriate

improvements. When locating bus stops and/or planning entrances, entrances must be designed to provide safe and efficient access to nearby transit station/stops.

D.

Safe and convenient access from the external circulation system to bicycle parking facilities on-site.

(Ord. No. 2939, § 1, 11-10-09)