ORD 451ORDINANCE NO. 451
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF
THE LA QUINTA MUNICIPAL CODE TO MODIFY THE
CITY'S DENSITY BONUS AND AFFORDABLE HOUSING
INCENTIVES IN ACCORDANCE WITH STATE LAW
WHEREAS, in September 2004, the Governor signed Senate Bill
("SB") 1818 which significantly changed the State's density bonus law with
respect to affordable housing units; and
WHEREAS, SB 1818 imposes new state housing mandates on
California cities in the form of required density bonuses and incentives for housing
developers. The law changes both the set -aside requirements for affordable units
and the density bonus. As additional affordable units are set aside, it gradually
increases the density bonus to a maximum of 35 percent. This law also provides
housing developers with additional incentives or concessions as the percentage of
affordable units is increased. It also permits housing developers to request a
waiver of development standards if necessary to make a development feasible.
Cities must grant the requested concessions unless certain findings are made. SB
1818 also includes density bonus provisions for senior housing development and
for housing developers that donate land to the city for affordable housing. This
legislation also continued previous density bonus provisions to encourage the
inclusion of child care facilities in affordable housing developments; and
WHEREAS, in September 2005, the Governor also signed into law SB
435. This law expanded the scope of developments entitled to obtain density
bonuses to include senior mobilehome parks, community apartment developments,
and stock cooperatives and made additional, non -substantive clarifications to the
law; and
WHEREAS, SB 1818 and SB 435 require cities, including charter
cities, to adopt implementing ordinances. Notwithstanding the city's constitutional
right to control land use, this Ordinance incorporates the new density bonus
provisions and establishes an implementation process addressing the incentives and
concessions required by State law; and
WHEREAS, in accordance with State law, this Ordinance would
modify the City's existing density bonus regulations to alter the number of units
that developers must agree to set aside as affordable to qualify for a density bonus
and the corresponding density bonus percentages; to permit density bonuses for
common interest developments, senior citizen developments, qualifying
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 2
mobilehome parks, and donations of land; to authorize density bonuses for
affordable housing developments that include a child care facility on site; and to
provide required incentives, concessions, and development waivers; and
WHEREAS, said Zoning Code Amendment has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act
of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning
Department has reviewed the Amendment under the provisions of CEQA, and has
determined that the Amendment is exempt pursuant to Chapter 2.6, Section
21080 of the Public Resources Code, California Environmental Quality Act
Statutes, and Section 15061(B)(3), Review for Exemptions of the CEQA
Guidelines; and
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 131h of November, 2007, hold a duly noticed public hearing
and approved Planning Commission Resolution 2007-046 recommending approval
of ZOA 07-094 to the City Council; and
WHEREAS, the City Council of the City of La Quinta, California, did on
the 181" of December, 2007, hold a duly noticed Public Hearing for review of a
Zoning Code Amendment to modify the City's density bonus and affordable
housing incentives in accordance with State law; and
WHEREAS, the City Council finds and declares that the public health,
safety and general welfare requires adoption of this Ordinance since these revisions
are mandated by State law; and
WHEREAS, the proposed Ordinance is consistent with the La Quinta
General Plan because it implements General Plan objectives, policies and programs
of the Housing Element to assist in the fulfillment of Regional Housing Needs,
Affordability and Special Housing Needs; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA
DOES ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT OF MUNICIPAL CODE TITLE 9 (PLANNING AND
ZONING): Chapter 9.60, "SUPPLEMENTAL RESIDENTIAL REGULATIONS," of the
City of La Quinta Municipal Code is hereby amended to add and replace Section
2.60.270, entitled "Density Bonuses For Affordable Housing," as follows:
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 3
Section 9.60.270: DENSITY BONUSES FOR AFFORDABLE HOUSING
A. Purpose and Application
B. Definitions
C. Qualifications for Density Bonus and Incentives and Concessions
D. Continued Affordability
E. Incentives and Concessions
F. Waiver/Modification of Development Standards
G. Specified Density Bonus Percentages
H. Land Donation
I. Child Care Facilities
J. Condominium Conversions
K. By -Right Parking Incentives
L. Application and Review Procedures
A. Purpose and Application. The purpose of this Section is to (i) establish
procedures for implementing State density bonus requirements, as set forth in
California Government Code Section 65915, as amended, (ii) increase the
production of affordable housing, consistent with the city's goals, objectives, and
policies and (iii) implement the provisions of the City's General Plan Housing
Element policies and programs relating to the provision of affordable housing.
When an applicant seeks a density bonus for a housing development, or for the
donation of land for housing, within the City's jurisdiction, the City shall provide
the applicant incentives or concessions for the production of housing units and
child care facilities as prescribed in this Section 9.60.270.
B. Definitions. The following definitions shall apply to this Section:
1. "Affordable housing cost" bears the same meaning as defined in
Section 50052.5 of the California Health and Safety Code.
2. "Affordable housing unit" means a dwelling unit within a housing
development which will be rented or sold to and reserved for very low
income households, lower income households, moderate income
households (where qualified) and/or senior citizens at an affordable
housing cost for the respective group(s) in accordance with Section
65915 of the California Government Code and this Section 9.60.270.
3. "Affordable rent" means that level of rent defined in Section 50053 of
the California Health and Safety Code.
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Title 9 - Density Bonus
Adopted: January 15, 2008
Page 4
4. "Applicant" means a developer or applicant for a density bonus
pursuant to Government Code Section 65915, subdivision (b), of the
California Government Code and Subsection C of this Section
9.60.270.
5. "Child care facility" means a child day care facility other than a family
day care home, including, but not limited to, infant centers,
preschools, extended day care facilities, and schoolage child care
centers.
6. "Common interest development" bears the same meaning as defined
in Section 1351 of the California Civil Code.
7. "Density bonus" means a density increase over the otherwise
maximum allowable residential density under the applicable zoning
ordinance and land use element of the general plan as of the date of
application by the applicant to the city.
8. "Development standard" means site or construction conditions that
apply to a housing development pursuant to any ordinance, General
Plan element, specific plan, charter amendment, or other local
condition, law, policy, resolution, or regulation.
9. "Housing development," means one or more groups of projects for
residential units in the planned development of the city. "Housing
development" also includes a subdivision or common interest
development, as defined in Section 1351 of the California Civil Code,
approved by the City and consisting of residential units or unimproved
residential lots and either a project to substantially rehabilitate and
convert an existing commercial building to residential use or the
substantial rehabilitation of an existing multifamily dwelling, as defined
in subdivision (d) of Government Code Section 65863.4, where the
result of the rehabilitation would be a net increase in available
residential units.
10. "Lower income households" bears the same meaning as defined in
Section 50079.5 of the California Health and Safety Code.
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Title 9 - Density Bonus
Adopted: January 15, 2008
Page 5
11. "Maximum allowable residential density" means the density allowed
under applicable zoning ordinances, or if a range of density is
permitted, means the maximum allowable density for the specific
zoning range applicable to the subject project.
12. "Moderate Income" or "persons and families of moderate income"
means those middle -income families as defined in Section 50093 of
the California Health and Safety Code.
13. "Qualified mobilehome park" means a mobilehome park that limits
residency based on age requirements for housing for older persons
pursuant to Section 798.76 or 799.5 of the California Civil Code.
14. "Senior citizen housing development" means senior citizen housing as
defined in Sections 51.3 and 51.12 of the California Civil Code.
15. "Specific adverse impact' means any adverse impact as defined in
paragraph (2), subdivision (d), of 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
housing development unaffordable to low- and moderate -income
households.
16. "Very low income households" bears the same meaning as defined in
Section 50105 of the Health and Safety Code.
C. Qualifications for Density Bonus and Incentives and Concessions.
1. The City shall grant one density bonus as specified in Subsection G of
this Section, and incentives or concessions as described in Subsection
E, when an applicant seeks and agrees to construct a housing
development, excluding any units permitted by the density bonus
awarded pursuant to this Section 9.60.270, that will contain at least
any one of the following:
a. Ten percent (10%) of the total units of the housing
development as affordable housing units affordable to lower
income households; or
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 6
b. Five percent (5%) of the total units of the housing development
as affordable housing units affordable to very low income
households; or
C. A senior citizen housing development; or
d. A qualified mobilehome park; or
e. Ten percent (10%) of the total units of a common interest
development as affordable housing units affordable to moderate
income households, provided that all units in the development
are offered to the public for purchase subject to the restrictions
specified in this Section.
2. As used in Subsection (C)(1) of this Section, the term "total units"
does not include units permitted by a density bonus awarded pursuant
to this Section or any other local law granting a greater density bonus.
3. Election of Density Bonus Category. Each applicant who requests a
density bonus pursuant to this Section 9.60.270 shall elect whether
the bonus shall be awarded on the basis of Subparagraph a, b, c, d or
e of Subsection C(1). Each housing development is entitled to only
one density bonus, which may be selected based on the percentage of
either very low affordable housing units, lower income affordable
housing units or moderate income affordable housing units, or the
development's status as a senior citizen housing development or
qualified mobilehome park. Density bonuses from more than one
category may not be combined.
4. Previous Density Bonuses. The density bonus provisions shall not
apply to any parcel or project area which has previously been granted
increased density through a General Plan amendment, zone change or
other permit to facilitate affordable housing. -
D. Continued Affordability.
1. Prior to the issuance of building permits for any dwelling unit, an
applicant shall enter into a written agreement with the City to ensure
and guarantee the continued affordability of all low -and very low
income units that qualified the applicant for the award of the density
bonus for a period of 30 years or a longer period of time if required by
the construction or mortgage financing assistance program, mortgage
insurance program, or rental subsidy program. Rents for affordable
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 7
housing units for lower income households shall be set at an
affordable rent. Owner -occupied affordable housing units shall be
available at an affordable housing cost.
a. The terms and conditions of the agreement shall run with the
land, shall be binding upon all successors in interest of the
applicant, and shall be recorded in the office of the Riverside
County Recorder.
b. The agreement shall also include the following provisions:
The applicant shall grant the City the continuing right of
refusal to purchase or lease any or all of the designated
units at fair market value;
ii. The deeds to the designated units shall contain a
covenant stating that the applicant or the applicant's
successor in interest shall not sell, rent, lease, sublet,
assign, or otherwise transfer (whether voluntarily,
involuntarily or by operation of law) any interest in such
unit without written approval of the City, confirming that
the sales price or lease/rent amount of the unit is
consistent with the limits established for low- and very -
low income households as adjusted by the Consumer
Price Index; and
iii. The City shall also have the authority to enter into other
agreements with the applicant or purchases or lessees of
the dwelling units as may be necessary to assume that
the designated dwelling units are continuously occupied
by eligible households.
2. Prior to the issuance of building permits for any dwelling unit, an
applicant shall agree to, and the City shall ensure, that the initial
occupant of moderate -income units that are related to the receipt of
the density bonus in a common interest development, are persons and
families of moderate income and that the units are offered at an
affordable housing cost. With respect to moderate -income units in a
common interest development, the City shall require the applicant to
enter and shall enforce an equity -sharing agreement, unless it is in
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 8
conflict with the requirements of another public funding source or law.
The following shall apply to the equity -sharing agreement:
a. Upon resale, the seller of the moderate -income unit in a
common interest development unit shall retain the value of any
improvements, the downpayment, and the seller's proportionate
share of appreciation. The City shall recapture any initial
subsidy and its proportionate share of appreciation, which shall
then be used within three years for any of the purposes that
promote homeownership as described in subdivision (e) of
Section 33334.2 of the California Health and Safety Code.
b. For purposes of this Subsection D(2), the City's initial subsidy
shall be equal to the fair market value of the moderate -income
unit in a common interest development at the time of initial sale
minus the initial sale price to the moderate -income household,
plus the amount of any down payment assistance or mortgage
assistance. If upon resale the market value is lower than the
initial market value, then the value at the time of the resale shall
be used as the initial market value.
C. For purposes of this Subsection D(2), the City's proportionate
share of appreciation shall be equal to the ratio of the initial
subsidy to the fair market value of the moderate -income unit in
a common interest development at the time of initial sale.
d. The applicant shall grant the City a right of first refusal to
purchase any or all of the designated units at fair market value,
which right of first refusal shall apply to subsequent sellers.
E. Incentives and Concessions.
1. An applicant for a density bonus may also submit to the City a
proposal for specific incentives or concessions in exchange for the
provision of affordable housing units in accordance with this Section
9.60.270. The applicant may also request a meeting with the city to
discuss such proposal. The City shall grant the concession or
incentive requested by the applicant unless the City makes a written
finding, based upon substantial evidence, of either of the following:
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 9
a. The concession or incentive is not required in order to provide
for affordable housing costs or for rents for the targeted units to
be set as specified in Subsection D hereof (i.e., the applicant is
unable to demonstrate that the waiver or modification is
necessary to make the housing units economically feasible); or
b. The concession or incentive would have a specific adverse
impact.
2. If the conditions of Subsection C and Subparagraph 1 of this
Subsection E are met by an applicant, the City may grant an applicant
applying for incentives or concessions the following number of
incentives or concessions:
a. One incentive or concession for housing developments that
include: At least ten percent (10%) of the total units affordable
to lower income households; or at least five percent (5%) of the
total units affordable to very low income households; or at least
ten percent (10%) of the total units affordable to persons and
families of moderate income in a common interest development.
b. Two incentives or concessions for housing developments that
include: At least twenty percent (20%) of the total units
affordable to lower income households; or at least ten percent
(10%) of the total units affordable to very low income
households; or at least twenty percent (20%) of the total units
affordable to persons and families of moderate income in a
common interest development.
C. Three incentives or concessions for housing developments that
include: At least thirty percent (30%) of the total units for
lower income households; or at least fifteen percent (15%) for
very low income households; or at least thirty percent (30%) for
persons and families of moderate income in a common interest
development.
3. For the purposes of this Section 9.60.270, available concessions or
incentives may include any of the following:
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 10
a. A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements
that exceed the minimum building standards approved by the
California Building Standards Commission as provided in Part
2.5 (commencing with Section 18901) of Division 13 of the
California Health and Safety Code, including, but not limited to,
a reduction in setback and square footage requirements and in
the ratio of vehicular parking spaces that would otherwise be
required that results in identifiable, financially sufficient, and
actual cost reductions.
b. Approval of mixed use zoning in conjunction with the housing
development if commercial, office, industrial, or other land uses
will reduce the cost of the housing development and if the
commercial, office, industrial, or other land uses are compatible
with the housing project and the existing or planned
development in the area where the proposed housing
development will be located.
C. Other regulatory incentives or concessions proposed by the
applicant or the city that result in identifiable, financially
sufficient, and actual cost reductions.
d. For purposes of this Section 9.60.270, the parking ratios set
forth in Government Code section 65915 (and Subsection K of
this Section 9.60.270) for qualified affordable housing projects
shall be deemed a concession or incentive available to the
applicant.
4. This Subsection E does not limit or require the provision of direct
financial incentives for the housing development, including the
provision of publicly -owned land, by the city or the waiver of fees or
dedication requirements. Nor does any provision of this Subsection
require the City to grant an incentive or concession found to have a
specific adverse impact.
5. The granting of a concession or incentive shall not be interpreted, in
and of itself, to require a general plan amendment, zoning change, or
other discretionary approval.
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 11
6. The application and review process for a proposal of incentives and
concessions is set forth in Subsection L hereof.
F. Waiver/Modification of Development Standards.
Applicants may, by application, seek a waiver, modification or
reduction of development standards that will otherwise preclude or
inhibit the use of density bonus units in a housing development at the
densities or with the concessions or incentives permitted by this
Section 9.60.270. The applicant may also request a meeting with the
City to discuss such request for waiver/modification. In order to
obtain a waiver/modification of development standards, the applicant
shall show that (i) the waiver or modification is necessary to make the
housing units economically feasible, and (ii) that the development
standards will have the effect of precluding the construction of a
housing development meeting the criteria of Subsection C(1), at the
densities or with the concessions or incentives permitted by this
Section 9.60.270.
2. Nothing in this Subsection F shall be interpreted to require the city to
waive, modify or reduce development standards if the wavier,
modification or reduction would have a specific adverse impact.
3. The application and review process for a waiver/modification of
development standards is set forth in Subsection L hereof.
G. Specified Density Bonus Percentages. Only housing developments consisting
of five (5) or more dwelling units are eligible for the density bonus
percentages provided by this Subsection G. The amount of density bonus to
which the applicant is entitled shall vary according to the amount by which
the percentage of affordable housing units exceeds the percentage
established in Subsection CM.
1. For housing developments meeting the criteria of Subsection CM,
subparagraph a, the density bonus shall be calculated as follows:
Percentage Low -Income
Units
Percentage Density Bonus
10
20
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 12
Percentage Low -Income
Units
Percentage Density Bonus
11
21.5
12
23
13
24.5
14
26
15
27.5
17
30.5
18
32
19
33.5
20
35 (maximum)
2. For housing developments meeting the criteria of Subsection C(l),
subparagraph b, the density bonus shall be calculated as follows:
Percentage Very Low
Income Units
Percentage Density Bonus
5
20 '
6
22.5
7
25
8
27.5
9
30
10
32.5
11
35 (maximum)
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Title 9 - Density Bonus
Adopted: January 15, 2008
Page 13
3. For housing developments meeting the criteria of Subsection C(1),
subparagraphs c and d, the density bonus shall be twenty percent
(20%).
4. For housing developments meeting the criteria of Subsection C(1),
subparagraph e, the density bonus shall be calculated as follows:
Percentage Moderate Income
Units
Percentage Density Bonus
10
5
11
6
12
7
13
8
14
9
15
10
16
11
17
12
18
13
19
14
20
15
21
16
22
17
23
18
24
19
25
20
Ordinance No. 451
Title 9 — Density Bonus
Adopted: January 15, 2008
Page 14
Percentage Moderate Income
Units
Percentage Density Bonus
26
21
27
22
28
23
29
24
30
25
31
26
32
27
33
28
34
29
35
30
36
31
37
32
38
33
39
34
40
35 (maximum)
5. An applicant may elect to accept a lesser percentage of density bonus
than that to which the applicant is entitled under this Section
9.60.270. All density bonus calculations resulting in a fractional
number shall be rounded upwards to the next whole number. The
granting of a density bonus shall not be interpreted, in and of itself, to
require a general plan amendment, zoning change, or other
discretionary approval.
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Title 9 — Density Bonus
Adopted: January 15, 2008
Page 15
6. For the purpose of calculating a density bonus, the residential units do
not have to be based upon individual subdivision maps or parcels. The
density bonus shall be permitted in geographic areas of the housing
development other than the areas where the units for the lower
income households are located.
7. The application and review process for a density bonus as provided by
this section is set forth in Subsection L hereof.
H. Land Donation. When a developer of a housing development donates land to
the City as provided for in this Subsection H, the applicant shall be entitled to a
fifteen percent (15%) increase above the otherwise maximum allowable residential
density under the applicable zoning ordinance and land use element of the general
plan for the entire housing development, as follows:
Percentage Very Low
Income Units
Percentage Density Bonus
10
15
11
16
12
17
13
18
14
19
15
20
16
21
17
22
18
23
19
24
20
25
21
26
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 16
Percentage Very Low
Income Units
Percentage Density Bonus
22
27
23
28
24
29
25
30
26
31
27
32
28
33
29
34
30
35 (maximum)
This increase shall be in addition to any increase in density mandated by
Subsection C, up to a maximum combined mandated density increase of thirty-five
percent (35%), if an applicant seeks both the increase required pursuant to this
Subsection I and Subsection C. All density calculations resulting in fractional units
shall be rounded up to the next whole number. Nothing in this Subsection shall be
construed to enlarge or diminish the city's authority to require an applicant to
donate land as a condition of development.
1 . An applicant shall be eligible for the increased density bonus described
in this section if the city is able to make all the following findings:
a. The applicant donates and transfers the land no later than the
date of approval of the final subdivision map, parcel map, or
residential development application.
b. The developable acreage and zoning classification of the land
being transferred are sufficient to permit construction of units
affordable to very low income households in an amount not less
than ten percent (10%) of the number of residential units of the
proposed development.
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Title 9 - Density Bonus
Adopted: January 15, 2008
Page 17
C. The transferred land is at least one acre in size or of sufficient
size to permit development of at least forty (40) units, has the
appropriate general plan designation, is appropriately zoned for
development as affordable housing, and is 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
development application for the housing development, the
transferred land shall have all of the permits and approvals,
other than building permits, necessary for the development of
very low income housing units on the transferred land, except
that the city may subject the proposed development to
subsequent design review to the extent authorized by
subdivision (i) of Government Code Section 65583.2 if the
design is not reviewed by the local government prior to the time
of transfer.
d. The transferred land and the very low income units constructed
on the land will be subject to a deed restriction ensuring
continued affordability of the units consistent with this Section
9.60.270, which restriction will be recorded on the property at
the time of dedication.
e. The land is transferred to the City or to a housing developer
approved by the City. The City may require the applicant to
identify and transfer the land to such City -approved developer.
f. The transferred land shall be within the boundary of the
proposed development or, if the city agrees in writing, within
one -quarter mile of the boundary of the proposed development.
2. The application and review process for a donation of land and related
density bonus is set forth in Subsection L hereof.
Child Care Facilities.
1. When an applicant proposes to construct a housing development that
includes affordable units as specified in Subsection C and includes a
child care facility that will be located on the premises of, as part of, or
Ordinance No. 451
Title 9 — Density Bonus
Adopted: January 15, 2008
Page 18
adjacent to such housing development, the City shall grant either of
the following if requested by the developer.
a. An additional density bonus that is an amount of square feet of
residential space that is equal to or greater than the amount of
square feet in the child care facility.
b. An additional concession or incentive that contributes
significantly to the economic feasibility of the construction of
the child care facility.
2. A housing development shall be eligible for the density bonus or
concession described in this Subsection if the city, as a condition of
approving the housing development, requires all of the following to
occur:
a. The child care facility will remain in operation for a period of
time that is as long as or longer than the period of time during
which the affordable housing units are required to remain
affordable pursuant to Subsection D.
b. Of the children who attend the child care facility, the
percentage of children of very low income households, lower
income households, or moderate income households shall be
equal to or greater than the percentage of affordable housing
units that are proposed to be affordable to very low income
households, lower income households, or moderate income
households.
C. Notwithstanding any requirement of this Subsection I, the city
shall not be required to provide a density bonus or concession
for a child care facility if it finds, based upon substantial
evidence, that the community already has adequate child care
facilities.
3. The application and review process for the provision of child care
facilities and related density bonus or concessions or incentives is set
forth in Subsection L hereof.
J. Condominium Conversions. Any developer converting condominiums of a
Housing Development of 5 units or more who seeks a density bonus, shall make
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 19
such application in conjunction with its tract map application pursuant to the
Subdivision Map Act, Section 9.60.260 of this Code and consistent with
Government Code section 65915.5. Any appeal of any concession or incentive or
review by the Planning Commission or City Council shall automatically require an
appeal of the underlying map to that body. An applicant shall be ineligible for a
density bonus or other incentives under this section if the apartments proposed for
conversion constitute a housing development for which a density bonus or other
incentives were provided under government Code section 65915.
K. By -Right Parking Incentives. Housing developments meeting any of the
criteria of Subsection CM, shall be granted the following maximum parking ratios,
inclusive of handicapped and guest parking, which shall apply to the entire
development, not just the restricted affordable units, when requested by a
developer:
L Zero to one bedroom dwelling unit: one onsite parking space;
ii. Two to three bedrooms dwelling unit: two onsite parking
spaces;
iii. Four or more bedrooms: two and one-half parking spaces.
If the total number of spaces required results in a fractional number, it shall be
rounded up to the next whole number. For purposes of this Subsection K, a
development may provide "onsite parking" through tandem parking or uncovered
parking, but not through on -street parking.
L. Application and Review Procedures
1. A written application for a density bonus, incentive, concession,
waiver, or modification pursuant to this Section 9.60.270 shall be
submitted with the first application that is submitted for approval of a
housing development and processed concurrently with all other
applications required for the housing development. Notwithstanding
any other requirements, affordable housing projects processed under
this section shall require approval of a conditional use permit, subject
to the requirements of Government Code section 65589.51d►. The
application shall be submitted on a form prescribed by the City and
shall include at least the following information:
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 20
a. Site plan showing total number of units, number and location of
affordable housing units, and number and location of proposed
density bonus units.
b. Level of affordability of affordable housing units and proposals
for ensuring affordability.
C. A specific description of any requested incentives, concessions,
waivers or modifications of development standards, or modified
parking standards. The application shall include evidence that
the requested incentives and concessions are required for the
provision of affordable housing costs and/or affordable rents, as
well as evidence relating to any other factual findings required
under Subsection E.
d. If a density bonus or concession is requested in connection with
a land donation, the application shall show the location of the
land to be dedicated and provide evidence that each of the
findings included in Subsection H can be made.
e. If a density bonus or concession/incentive is requested for a
childcare facility, the application shall show the location and
square footage of the child care facilities and provide evidence
that each of the findings included Subsection I can be made.
2. An application for a density bonus, incentive or concession pursuant
to this Section 9.60.270 shall be considered by and acted upon by the
approval body with authority to approve the housing development and
subject to the same administrative appeal procedure, if any. In
accordance with state law, neither the granting of a concession,
incentive, waiver, or modification nor the granting of a density bonus
shall be interpreted, in and of itself, to require a general plan
amendment, zoning change, variance, or other discretionary approval.
3. For housing developments requesting a waiver, modification or
reduction of a development standard, an application pursuant to this
subdivision shall be heard by the Planning Commission. A public
hearing shall be held by the Planning Commission and the Commission
shall issue a determination. Pursuant to Government Code Section
65915, the Planning Commission shall approve the requested
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 21
waiver/modification or reduction of development standards, unless one
of the following conditions applies:
a. The waiver/modification is not required to make the proposed
affordable housing units feasible; or
b. The waiver/modification will have a specific adverse impact.
The decision of the Planning Commission may be appealed to the City
Council in the manner provided in Section 9.200.120 of the La Quinta
Municipal Code.
4. Notice of any City determination pursuant to this section shall be
provided to the same extent as required for the underlying
development approval.
SECTION 2. ENVIRONMENTAL DETERMINATION; GENERAL PLAN
CONSISTENCY; COMPATIBILITY AND SUITABILITY: The City Council finds that
adoption of this Ordinance is exempt from the provisions of the California
Environmental Quality Act pursuant to Title 14 California Code of Regulations
section 15061, subsection (b1(3), in that the proposed Ordinance involves a
proactive measure to implement recent changes in State law and does not have the
potential to significantly effect the environment. The City Council further finds and
determines that the Ordinance is consistent with the goals, objectives and policies
of the City's General Plan, in that the Ordinance implements certain programs and
policies contained in the General Plan Housing Element that expressly require
compliance with State density bonus law. The City finds and determines that this
Ordinance is compatible with zoning on property in La Quinta and that the
amendment affected by this Ordinance is suitable and appropriate for property in La
Quinta.
SECTION 3. PUBLIC WELFARE: Based on the recitals in this Ordinance and
the information in the staff report, the City finds and determines that this
Ordinance will not create conditions that are materially detrimental to the public
health, safety or general welfare. In fact, the adoption of this Ordinance will
contribute to the general health, safety and welfare of the community by promoting
consistency with State law.
SECTION 4. SEVERABILITY: If any section, subsection, subdivision,
paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any
reason, held to be unconstitutional or invalid or ineffective by any court of
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 22
competent jurisdiction, such decision shall not affect the validity or effectiveness of
the remaining portions of this Ordinance or any part thereof. The City Council
herby declares that it would have adopted this Ordinance and each section,
subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance
irrespective of the fact that one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or
effective. To this end the provisions of this Ordinance are declared to be
severable.
SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and
effect thirty (30) days after adoption.
SECTION 6. CONFORMING CODE PROVISIONS: Any provision of the La
Quinta Municipal Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no further, is hereby
repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
SECTION 7. POSTING: The City Clerk shall cause this Ordinance to be
posted in at least three public places designated by resolution of the City Council,
shall certify to the adoption and posting of this Ordinance, and shall cause this
Ordinance and its certification, together with proof of posting to be entered into the
BOOK of ORDINANCES of the City of La Quinta.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this 15th day of January, 2008, by the following vote:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON ADOLPH, P 1ljyor
City of La Quinta, California
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 23
ATTEST:
VERONICA M NTECINO, CIVIC, City Clerk
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
M. KATHERINE JEVAN, City Attorney
City of La Quinta, California
Ordinance No. 451
Title 9 - Density Bonus
Adopted: January 15, 2008
Page 24
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
451 which was introduced at a regular meeting on the 18`h day of December, 2007
and was adopted at a regular meeting held on the 151h day of January, 2008 not
being less than five days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-1 15.
VERONICA MONTECINO, CMC, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, VERONICA MONTECINO, City Clerk of the City of La
hereby certify that the foregoing ordinance was posted
pursuant to Council Resolution.
VERONICA moNlrECINO, CIVIC, City Clerk
City of La Quinta, California
Quinta, California, do
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