§ 17.44.020  AFFORDABLE HOUSING OWNERSHIP INCENTIVE PROGRAM.
   (A)   Purpose.  The purpose of this section is to provide minimum standards for the orderly development of housing units in the RM 2500, RM/PUD, RM/RH, RH, NC, HCD and PD zones designed expressly for low- and moderate-income households consistent with established community values and policies.
   (B)   Definitions.  As used in this section:
      AFFORDABLE HOUSING DEVELOPMENT.  Housing in which at least 20% of the dwelling units are covenant restricted for a minimum of 30 years for occupancy by low- or moderate-income households. The housing type may be single-family dwellings or multiple-family and shall be ownership housing.
      LOW- AND MODERATE-INCOME HOUSEHOLDS.  These categories shall be determined periodically by the city based on the United States Department of Housing and Urban Development (HUD) estimate of median income in the Los Angeles-Long Beach Primary Metropolitan Statistical Area. The two major income categories are: low income (50% or less of the area median) and moderate income (50% to 120% of the area median). Further adjustments may be made by household size as established by the city. The Housing Division shall make available a list of moderate and low income levels as adjusted, which list shall be updated periodically by the city and filed with the City Clerk.
   (C)   Development standards for RM 2500, RM/PUD, and RM/RH zones.  The development standards in Chapter 17.12 for RM multiple-family zones will apply to affordable housing development in these zones unless excepted by this section.
   (D)   Development standards for RM/RH, RH, NC, PD and HCD zones.  The development standards in Chapter 17.12 for RH multi-family zones will apply to affordable housing developments in these zones unless excepted by this chapter.
   (E)   Density.  An increase to a 100% floor area ratio will be allowed for all conforming lots with minimum 100-foot width, 100-foot length, and 15,000 square feet of area in the RM/RH, RH, NC, HCD and PD zones as found in Chapter 17.08.
   (F)   Attached units.  In the RM/PUD zones attached units may be allowed for an affordable housing development by the Planning Commission if it finds that quality site and architectural design is achieved.
   (G)   Parking. 
      (1)   The following minimum parking standards shall apply to all affordable housing developments:
         (a)   Market rate housing shall provide two garage spaces. where there are six or more dwelling units on a lot, there shall be an additional one-half space per dwelling unit for guest parking.
         (b)   Twenty percent of the affordable housing units shall have one garage space per unit. Additional affordable units shall have one garage space, one parking space (optional garage), and an additional one-quarter parking space per dwelling unit for guest parking.
         (c)   Affordable units over 1,150 square feet in living area shall be provided one garage space and one and one-half open parking spaces (optional garage spaces).
      (2)   The Planning Commission may reduce the amount of parking required for affordable housing development if a finding is made that rail transit will eliminate the need for a portion of the required parking.
   (H)   Minimum dwelling unit size.  The following dwelling unit size standards shall apply to all units in affordable housing developments:
      (1)   One bedroom units shall be a minimum of 650 square feet.
      (2)   Two bedroom units shall be a minimum of 850 square feet.
      (3)   Three bedroom units shall be a minimum of 1,150 square feet.
   (I)   Recreation space.  All affordable units shall provide a minimum of recreation area equal to 20% of the size of the gross dwelling unit floor area. Half of the required recreation space may be provided in a private fenced area (minimum five-foot-high fencing) with minimum dimensions of eight feet, with the other half in common recreation area, with minimum dimensions of 20 feet. All the recreation area may be provided in a common recreation space, with minimum dimensions of 20 feet, if a children's play area is proposed. The location and design of the play area shall be approved by the Development Review Committee.
   (J)   Setbacks.  The Planning Commission may approve reduced setbacks if the following findings are made:
      (1)   The proposed setbacks generally conform with the setbacks on the block(s) affected by the project;
      (2)   The building(s) has a modulated elevation that provides a varied setback;
      (3)   The proposed landscape and hardscape plans help mitigate any reduction in the building(s) setback.
   (K)   Processing. The following development processing procedures shall be applicable to all affordable housing developments:
      (1)   A conditional use permit shall be required to be approved by the Planning Commission. For subdivisions, a conditional use permit and tract map will be required to be approved by the Planning Commission and City Council.
      (2)   No resident other than a low- and moderate-income household shall occupy a unit constructed in accordance with this section. No person shall permit any person to violate this section. No person shall rent any housing for which a conditional use permit is required by this chapter to any household who may not lawfully occupy the same in accordance with the provisions of this section.
      (3)   Before any conditional use permit granted pursuant to this section shall become effective, the owner of the property shall execute and record a covenant and agreement, approved as to form by the City Attorney. The covenant's terms shall be binding upon the heirs, successors, and assigns of the owner, requiring that all affordable housing units on the property be occupied solely by low- and moderate-income persons for a minimum of 25 years from the date a certificate of occupancy is issued.
      (4)   Before any conditional use permit granted pursuant to this section shall become effective, the owner of the property shall execute a development agreement which shall include, but not be limited to the following:
         (a)   Require all affordable housing units to be occupied solely by a low- and moderate-income household as principal occupant or lessees in accordance with the terms of this section;
         (b)   Require the developer to prepare a plan for property management and maintenance on a continuing basis approved by the city.
(`83 Code, § 17.44.020)  (Ord. 94-03 § 6, 1994)