Chapter 17.52
HOUSING

Sections:

17.52.010    Manufactured homes as single-family dwellings.

17.52.020    Accessory dwellings.

17.52.030    Emergency shelters.

17.52.040    Density bonuses.

17.52.050    Reasonable accommodation.

17.52.060    Housing Accountability Act--Special findings for denying certain housing, emergency shelter and farmworker housing projects.

17.52.070    Low barrier navigation centers.

17.52.080    Converting multifamily rental units to owned units (condominium conversion).

17.52.010 Manufactured homes as single-family dwellings.

A manufactured home may be located upon any standard residential lot in any residential zone which allows single-family residences subject to the standards contained in this section except that they may not be located on real property that is listed in the California Register of Historic Places pursuant to Government Code Section 65852.3(b).

A.    Standards for Construction. The manufactured home shall:

1.    Be occupied only as a residential unit;

2.    Be subject to the same requirements for building height, lot coverage, side yard setbacks, front yard setbacks, rear yard setbacks, and usable open space as required in the zone in which the home is located;

3.    Be attached to a permanent foundation system in compliance with all applicable building regulations including California Health and Safety Code Section 18551 (and as may be amended);

4.    A manufactured home shall only be located on a permanent foundation system on a single lot if:

a.    It has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; and

b.    Less than ten years have elapsed between the date of manufacture of the manufactured home and the date of application for the issuance of a permit to install the manufactured home; and

c.    It is factory-built housing as defined in California Health and Safety Code Section 19971; and

d.    It has not been altered in violation of applicable codes.

5.    Have a minimum width of twenty feet excluding garages, porches, patios, eaves, etc.

6.    Architecture and design shall incorporate:

a.    Siding and roofing materials compatible with the surrounding conventional single-family residential development.

b.    Exterior covering shall extend to the ground, except when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. Skirting is prohibited.

c.    Walkways, driveways, flatwork, hardscaping, and landscaping shall be compatible with surrounding conventional single-family residential development.

d.    Roofing shall have eaves and gable overhangs of not less than one foot measured from the vertical side of the structure and roof pitch of not less than three inches vertical rise for each twelve inches of horizontal run.

e.    If an enclosed garage is required within the zoning district in which the dwelling unit is to be located, the design and materials of the garage shall be compatible with the main dwelling.

B.    Taxation. A manufactured home which has been placed on a permanent foundation system shall be deemed to be subject to local property taxation pursuant to Section 18551 of the California Health and Safety Code and Section 109.7 of the Revenue and Taxation Code.

C.    Permits. Prior to installation of a manufactured home, the owner or a licensed contractor shall:

1.    Obtain a building permit from the city of Angels community development department for review of site preparation, grading, setbacks, utility installation, encroachments, issuance of a certificate of occupancy and related items reviewed for a single-family residence;

2.    Obtain necessary permits and licenses from the California Department of Housing and Community Development for installation;

3.    After obtaining the required permits, the owner or contractor shall comply with all requirements of the city building permit and California Health and Safety Code Section 18551(a) as prescribed by the state. (Ord. 534 §1 (Att. A), 2023; Ord. 305 §8, 1990. Formerly 17.06.110)

17.52.020 Accessory dwellings.

Accessory dwellings are addressed in Chapter 17.61. (Ord. 534 §1 (Att. A), 2023; Ord. 425 §2, 2005; Ord 323 §61, 1992. Formerly 17.06.170)

17.52.030 Emergency shelters.

Emergency shelters are nondiscretionary permitted uses in the CC and SC zoning districts. Emergency shelters shall meet all of the following nondiscretionary standards:

A.    The lot area, height and setback requirements established by the zoning district in which the emergency shelter is located shall apply. Conversions of existing legal nonconforming structures to emergency shelters shall comply with the nonconforming use provisions of the applicable zoning district with respect to lot area, height and setback requirements.

B.    The applicant or operator shall submit a management and operation plan for the facility for review and approval by the planning director in consultation with the chief of police prior to issuance of building permits. The plan shall remain active throughout the life of the facility with changes subject to review and approval by the planning director in consultation with chief of police. The plan shall address:

1.    Lighting. External lighting sufficient to ensure fully lit parking, gathering, and waiting area. Lighting shall be directed away from adjacent properties and be shielded and downcast to minimize light leakage on neighboring properties.

2.    On-Site Management. On-site management by a qualified professional shall be provided during all hours of operation when clients are present. Each shelter shall be operated by a responsible agency, organization, group or individual with experience managing and/or providing social services. The on-site manager shall be present at the shelter at all times the shelter is in operation and shall have authority to enforce the provisions of the management plan. The plan shall describe the level of training and qualifications required for on-site managers and the ratio of on-site managers to clients.

3.    Hours of Operation. Each shelter shall establish and maintain set hours of operation for client intake and discharge. Hours shall be clearly displayed at the entrance to the shelter at all times. On-site managers shall discourage loitering during non-intake hours of operation.

4.    Noise. Shelters shall comply with the noise standards established in the general plan.

5.    Storage. Specify the number and size of proposed storage facilities for temporary storage of residents’ belongings. Personal effects shall be stored in an enclosed structure unless otherwise specified in the management and operation plan.

6.    Security. On-site security shall be provided during the hours the shelter is in operation.

7.    Coordination. Coordination between facility staff, law enforcement, and emergency response personnel.

8.    Emergency Contact(s). If the landowner of record is not the designated emergency contact, the name of the emergency contact individual (or individuals) that can be reached twenty-four hours a day, seven days a week shall be provided to the city. The city shall make contact information available to emergency response agencies (e.g., police and fire). For protective purposes, this information will be retained only in confidential files and not in any publicly available document for domestic violence shelters.

9.    State License. If licensing or similar certification is required by the state for the facility, the shelter shall provide evidence of compliance with the state regulations to the city. For protective purposes, this information will not be retained in any publicly available document for domestic violence shelters.

10.    Level of Use. Details related to facility capacity and level of use shall be reported to the city for use in ongoing updates of the city’s general plan housing element and housing needs assessment (approximately once every five years). For protective purposes, this provision does not apply to domestic violence shelters unless such information can be made available without risk to shelter occupants.

11.    Pets. Policies regarding pets shall be included in the management and operation plan; kennels, as defined in the municipal code, shall be subject to the same permitting requirements as other uses (including requirements for a discretionary permit).

12.    Trash. A screened trash enclosure shall be provided for each shelter. The location and size of the refuse disposal area shall be identified in the plan.

C.    Interior Waiting/Intake Area. A separate enclosed interior client waiting room or intake area shall be provided for all shelters. The size of the interior waiting room or intake area shall be no less than one hundred square feet.

D.    Exterior waiting or gathering areas shall be fenced, screened and landscaped.

E.    The maximum number of beds in each shelter will be limited to the facility’s ability to provide basic sanitation for all clients. A minimum of one shower and one toilet shall be supplied for every eight beds per gender and a private toilet/shower for each family unless more stringent standards are adopted per the applicable building and plumbing codes.

F.    Outdoor Cleanliness. Outdoor areas shall be kept clean and free of debris and litter.

G.    Off-street parking shall be provided at 0.4 times the lawful occupancy limit.

H.    At least one bike rack shall be provided per facility.

I.    A new emergency shelter shall not be located closer than three hundred feet from the exterior of an existing emergency shelter.

J.    The length of stay for clients shall not exceed six months.

K.    Permitted accessory uses for emergency shelters shall include: commercial dining facilities, laundry room(s), recreational/common areas, social and medical services, and child care facilities for current residents. Dining facilities may be subject to additional permitting requirements through the Calaveras County environmental health department.

L.    New facilities remain subject to all nondiscretionary requirements of the underlying zoning district including compliance with adopted design standards. Where a discretionary design review process is required for design review in the underlying district, the facility will comply with the applicable adopted design standards in conjunction with issuance of a building permit subject only to review by the planning director and without the necessity of undertaking the formal design review permit process. (Ord. 534 §1 (Att. A), 2023; Ord. 469, 2015. Formerly 17.06.180)

17.52.040 Density bonuses.

A.    Intent and Purpose. This section is adopted to encourage the provision of affordable housing in compliance with Government Code Sections 65915 through 65918.

B.    Definitions. For the purpose of implementing this section, the following definitions apply:

1.    Affordable Housing/Affordable Housing Unit. "Affordable housing" or an "affordable housing unit" is a housing unit which is available for sale to moderate income households or for rent to low and/or very low income households, as those terms are defined herein.

2.    Affordable Rent. For the purposes of implementing this section, "affordable rent" is the monthly rent charged to low and very low income households for housing units as calculated in accordance with Health and Safety Code Section 50053. For general purposes, affordable rent is generally considered to be thirty percent or less of the county’s1 median income for low or very low income households.

3.    Common Interest Subdivision or Development. For the purposes of implementing this section, a "common interest subdivision or development" includes a community apartment project, a condominium project, a planned development or a stock cooperative as those terms are defined in Civil Code Sections 4100 et seq. For general purposes, a common interest subdivision is a development in which an undivided interest in land (common area) is coupled with a separate interest (often an exclusive interest) in occupancy or ownership of a unit (often a dwelling unit, but sometimes a parcel) located thereon.

4.    "Concession" shall mean the same as an incentive as defined herein.

5.    "Density bonus" means an increase in density over the maximum allowable residential density under the applicable general plan designation2 as of date of filing of an application for a density bonus with the city.

6.    "Housing development" means a development project for five or more residential units including a common interest subdivision or development.

7.    Incentive. An "incentive" is a reduction in site development standards or modification of a zoning code requirement or architectural design requirement that exceeds the minimum building standards approved by the California Building Standards Commission and detailed in subsection F of this section.

8.    Lower-Income Household. For the purposes of implementing this section, "lower-income households" are as defined in Health and Safety Code Section 50079.5. For general purposes, "lower-income households" are persons or families earning less than eighty percent of the county’s3 median income.

9.    Moderate-Income Household. For the purposes of implementing this section, "moderate-income household" is as defined in Health and Safety Code Section 50093. For general purposes, "moderate-income households" include persons and families earning less than one hundred twenty percent of the county’s median income.

10.    Senior Housing Development. For the purposes of implementing this section, a "senior housing development" is as defined in Civil Code Section 51.3. For general purposes, a "senior housing development" is a residential development of at least thirty-five dwellings constructed, substantially rehabilitated, or substantially renovated for occupation by persons predominantly fifty-five years of age or older.

11.    Senior Mobilehome Park. For the purposes of implementing this section, a "senior mobilehome park" is as defined in Civil Code Section 798-76 or 799.5 that complies with the Federal Fair Housing Act, as amended by Public Law 104-76 (the Housing for Older Persons Act of 1995--HOPA) and HOPA’s implementing regulations. For general purposes, a "senior mobilehome park" is one predominantly occupied by persons fifty-five years of age or older.

12.    Very Low Income Household. For the purposes of implementing this section, a "very low income household" is as defined in Health and Safety Code Section 50105. For general purposes, a "very low income household" includes persons and families earning less than fifty percent of the county’s median income.

C.    Application and Processing.

1.    Application. In addition to completing the city’s standard land use application, where applicable, a request for a density bonus and/or incentives shall be accompanied by the following where such information has not already been provided in the city’s standard land use application:

a.    A site plan identifying all units in the project including the location of the affordable units and/or bonus units.

b.    A narrative briefly describing:

i.    The total number of units proposed in the project with and without the density bonus;

ii.    The number of affordable and/or senior units;

iii.    The number of bonus units requested on Table 17.06.190-1;

iv.    A breakdown of units purposed for moderate income households in a common interest development; or the number of units proposed for occupation by very low income, lower income, or senior households;

v.    Any requested incentive(s) including an explanation as to why the incentive(s) is/are necessary for the housing development;

vi.    Proposed parking including any deviations from the city code for parking ratios or configuration (see subsection H of this section);

vii.    Phasing plan, if applicable, and designating the number of qualifying units to be constructed proportionate to each development phase (see subsection M of this section);

viii.    If a land donation is proposed, the application shall identify the following for the proposed donation parcel(s): location, acreage, location of public utilities in relation to the site, pedestrian and vehicular access;

ix.    If a child care facility is proposed, the applicant shall show the location and square footage of the proposed facility.

c.    Additional information in support of the density bonus or incentive(s) as may be requested by the planning director to rebut the findings in subsection G of this section.

2.    Processing. The request for a density bonus and/or incentive(s) shall be processed concurrently with other required entitlement(s) for the project and without the necessity for acquiring any separate discretionary entitlement.

The granting of a density bonus and/or incentive(s) pursuant to this section shall not be interpreted, in and of itself, to require a general plan amendment, specific plan amendment, rezone, or other discretionary approval.

D.    Eligibility for Residential Density Bonus. Density bonuses and incentives provided pursuant to this section are available to housing developments of five or more dwelling units that also meet the criteria in this subsection.

An applicant for a housing development may qualify for a density bonus and at least one other incentive as provided in this section, if the applicant requests and agrees to construct and maintain a housing development containing at least one of the following (excluding any units permitted by the density bonus award pursuant to this section):

1.    Five percent of total units for very low income households.

2.    Ten percent of total units for lower income households.

3.    Ten percent of the total dwelling units in a common interest development for persons and families of moderate income households; provided, that all units in the development are offered to the public for purchase.

4.    A senior housing development or senior mobilehome park, as defined herein, that limits residency based on age requirements.

For the purposes of this section, "total units" does not include units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.

E.    Calculating Residential Density Bonuses.

1.    Density bonuses shall be calculated as follows:

Total # affordable housing units proposed4 = A

A X [the % density bonus allowed in Table 17.06.190-1] = B

Total # of non-income restricted units proposed in the housing development = C

A + B + C = Total # units allowed in housing development with the density bonus.

2.    All density calculations resulting in fractional units shall be rounded up to the next whole number.

3.    The total density bonus for a housing development shall not exceed thirty-five percent of the affordable base units. Where a mixture of density bonus categories (i.e., very low, lower, moderate, senior) are provided within a given housing development, and total units within each density bonus category exceed five or more units, resulting density bonuses for each category may be combined so long as the total number of density bonus units for the entire housing development does not exceed thirty-five percent of the total affordable base units. A density bonus may not be awarded twice for the same unit (i.e., a very low income senior apartment shall be considered either a very low income unit or a senior unit for the purposes of calculating a density bonus).

4.    For very low, lower income, moderate income and senior housing developments meeting the criteria in subsection D of this section, the following density bonus percentages apply:

 

Table 17.06.190-1 

# Very Low Income Units

Very Low % Density Bonus

# Lower Income Units

Lower Income % Density Bonus

# Moderate Income Units

Moderate Income % Density Bonus

# Senior or MHP/a/ Units

Senior % Density Bonus

5

20

5

12.5

5

0

5

20

6

22.5

6

14

6

0

6

20

7

25

7

15.5

7

0

7

20

8

27.5

8

17

8

0

8

20

9

30

9

18.5

9

0

9

20

10

32.5

10

20

10

5

10

20

11

35

11

21.5

11

6

11

20

 

 

12

23

12

7

12

20

 

 

13

24.5

13

8

13

20

 

 

14

26

14

9

14

20

 

 

15

27.5

15

10

15

20

 

 

16

29

16

11

16

20

 

 

17

30.5

17

12

17

20

 

 

18

32

18

13

18

20

 

 

19

33.5

19

14

19

20

 

 

20

35

20

15

20

20

 

 

 

 

21

16

21

20

 

 

 

 

22

17

22

20

 

 

 

 

23

18

23

20

 

 

 

 

24

19

24

20

 

 

 

 

25

20

25

20

 

 

 

 

26

21

26

20

 

 

 

 

27

22

27

20

 

 

 

 

28

23

28

20

 

 

 

 

29

24

29

20

 

 

 

 

30

25

30

20

 

 

 

 

31

26

31

20

 

 

 

 

32

27

32

20

 

 

 

 

33

28

33

20

 

 

 

 

34

29

34

20

 

 

 

 

35

30

35

20

 

 

 

 

36

31

36

20

 

 

 

 

37

32

37

20

 

 

 

 

38

33

38

20

 

 

 

 

39

34

39

20

 

 

 

 

40

35

40

20

/a/ Senior housing development or senior mobilehome park with residency based on age requirements as defined in this section.

F.    Residential Incentives.

1.    Number of Incentives Available. A housing development providing affordable housing as defined herein is entitled to receive at least one incentive in addition to the density bonus. Incentives are available for qualifying housing developments as follows:

 

Table 17.06.190-2 

Number of Incentives Available Where Housing Development Includes at Least the Identified % of Base Units for the Indicated Income Category

One Incentive

Two Incentives

Three Incentives

Additional Incentives

5% very low income; or

10% lower income; or

10% moderate income/a/

10% very low income; or

20% lower income; or

20% moderate income/a/

15% very low income; or

30% lower income; or

30% moderate income/a/

At discretion of the planning commission, subject to city council approval (See subsection (F)(3) of this section)

/a/ Moderate income households in a common interest development.

2.    Types of Incentives Available. Where a housing development qualifies for incentives pursuant to this section, the applicant may request one or more incentives in accordance with Table 17.06.190-2.

a.    Reduced setbacks;

b.    Reduced square footage per unit;

c.    Reduced minimum parcel size and/or dimensions;

d.    Reduced on-site parking requirements including reductions in guest parking;

e.    Alternative parking configuration;

f.    Increased floor area ratio or lot coverage;

g.    Increased height limit subject to review and approval by the appropriate fire safety official;

h.    Approval of mixed use zoning in conjunction with the housing project 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 project will be located;

i.    Varied design and square footage of affordable units as long as the project remains architecturally harmonious. Attached units, smaller (in square footage) units and other design variations from market rate units shall be permitted within reason by the review authority to reduce costs of providing affordable units. Affordable developments are encouraged to include shared common spaces in order to reduce the size of individual living units and increase community interaction. Examples include co-housing, live-work housing opportunities, or other types of housing that create shared spaces;

j.    Other regulatory incentives proposed by the developer or the city resulting in actual cost reductions, including those related to off-site improvements under the jurisdiction of the city and subject to the review and approval of the city engineer and fire safety official, as applicable.

3.    Additional Incentives. Incentives in excess of the quantity available pursuant to Table 17.06.190-2 may be granted subject to the issuance of a conditional use permit.

G.    Findings for Denying Density Bonus and/or Incentives. The city shall grant the requested density bonus or incentive(s) unless the city makes a written finding, based upon substantial evidence that:

1.    The density bonus or incentive(s) would have a specific adverse impact as defined in Government Code Section 65589.5(2)(d) upon public health, safety, or the physical environment or on any real property 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(s) without rendering the development unaffordable to very low, lower or moderate income households; or

2.    The density bonus or incentive(s) would be contrary to state or federal law.

If neither of the preceding applied, the city shall grant the requested incentive(s) unless the city makes a written finding, based upon substantial evidence that:

3.    The incentive is not required in order to provide for affordable housing costs or affordable rents as defined in Health and Safety Code Section 50052.5.

H.    Parking Standards. At the written request of the applicant, the city shall apply the following parking standards, inclusive of handicapped and guest parking, for housing developments meeting the criteria in subsection D of this section, as follows:

1.    Parking Ratios.

a.    Zero to one bedroom: one on-site parking space;

b.    Two to three bedrooms: two on-site parking spaces;

c.    Four or more bedrooms: two and one-half parking spaces.

2.    A development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.

3.    If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

4.    An applicant may request parking incentives pursuant to subsection F of this section beyond those provided in this subsection.

I.    Density Bonus for Donated Land for Very Low Income Housing.

1.    When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city pursuant to Government Code Section 65915(g) for the provision of very low income housing, the applicant shall be entitled to a density bonus pursuant to Table 17.06.190-3.

Table 17.06.190-3

% Very Low Income Units

% 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

22

27

23

28

24

29

25

30

26

31

27

32

28

33

29

34

30

35

This density bonus for donated land shall be in addition to any density bonus allowed pursuant to Table 17.06.190-1, but only up to a maximum combined density increase of thirty-five percent for the entire development if the applicant pursues density bonuses pursuant to both subsections E and I of this section.

2.    Eligibility for the density bonus for donated land for very low income housing is subject to all of the requirements set forth in Government Code Section 65915(g)(2)(A) through (H) related to donation timing, developable acreage, zoning classification of land being transferred, minimum size, appropriate general plan land use designation, adequate public facilities and infrastructure, securing necessary development permits, deed restrictions, designating a recipient, distance from the proposed development, and designating a funding source for very low income units.

J.    Density Bonus and Incentives for Residential Child Care Facilities.

1.    For the purposes of implementing this subsection, "residential 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 school-age child care centers.

2.    When an applicant proposes to construct a residential child care facility on the premises in conjunction with a housing project conforming to the provisions of subsection D of this section, the city shall grant either of the following:

a.    An additional density bonus equal to the amount of square feet of residential space that is equal to or greater than the amount of square feet in the residential child care facility; or

b.    An additional incentive (subsection F of this section) that contributes significantly to the economic feasibility of the construction of the residential child care facility.

3.    A residential child care facility qualifying for a density bonus pursuant to this subsection shall:

a.    Remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subsection L of this section.

b.    Of the children that attend the residential child care facility, the children of very low, lower, or moderate income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very-low, lower or moderate income households pursuant to subsection D of this section.

4.    The city is not required to provide a density bonus or incentive for a residential child care facility if it finds, based upon substantial evidence, that the community has adequate residential child care facilities.

K.    Density Bonus for Condominium Conversion.

1.    Condominium conversion projects pursuant to this section shall be processed in compliance with Title 16, Subdivisions, Sections 16.12.010 and 17.52.080. Density bonuses granted pursuant to this subsection shall be processed concurrently with required tentative and final maps pursuant to Title 16.

Density bonuses granted pursuant to this subsection shall be processed concurrently with required tentative and final maps pursuant to Title 16.

2.    When an applicant for approval to convert apartments to a condominium project agrees to provide at least fifteen percent of total units to lower income households, or at least thirty-three percent of the total units to lower or moderate income households, then the city shall either:

a.    Grant a density bonus of twenty-five percent (for the purposes of this subsection, a "density bonus" means an increase in units of twenty-five percent over the total number of apartments proposed for conversion to condominiums); or

b.    Provide other incentives of equal financial value.

3.    An applicant is ineligible for a density bonus or incentive(s) per this subsection if the apartments proposed for conversion are a housing development for which a density bonus or other incentives already were provided pursuant to this section whether previously constructed or not before this section was adopted.

4.    When granting a density bonus or incentive(s) pursuant to this subsection, the city may place such reasonable conditions as it finds appropriate including conditions assuring the continued affordability of units to subsequent purchasers of low, lower, or moderate income households.

5.    To receive the density bonus or other incentive(s) pursuant to this subsection, the applicant shall agree to pay for the reasonably necessary administrative costs incurred by the city.

6.    Nothing in this subsection shall require the city to approve a proposal to convert apartments to condominiums.

L.    Affordable Housing and Equity Sharing Agreements Required.

1.    Affordable Housing Agreement. In approving a density bonus, the associated entitlement for the housing development or subdivision shall require an affordable housing agreement, or other form of agreement as approved by the city attorney, establishing the terms of affordability of the development and executed prior to issuance of a building permit, filing a final map, or otherwise activating the entitlement. The density bonus request shall include the procedures proposed by the developer to maintain the continued affordability of all affordable income units and shall be evidenced by an affordable agreement as follows:

a.    The applicant shall agree to, and the city shall ensure, continued affordability of all low and very low income units that qualified the applicant for the award of the density bonus for thirty years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Continued affordability shall require that:

i.    Rents for the lower income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053.

ii.    Owner-occupied units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5 except as provided in subsection (L)(1)(b) of this section.

b.    An applicant shall agree to, and the city shall ensure that, the initial occupant of the moderate income unit that qualified the applicant for an award of the density bonus is a moderate income household in a common interest development and that the units are offered at an affordable housing cost as defined in Health and Safety Code Section 50052.5.

2.    Equity Sharing Agreement for Resale of Moderate-Income Units. The applicant shall agree to, and the city shall enforce, an equity sharing agreement (unless in conflict with the requirements of another public funding source or law) where, upon resale of the moderate-income unit, the seller shall retain the value of any improvements, the seller’s down payment, and the seller’s proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, the amount of which shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2 promoting home ownership.

a.    For the purposes of this section, the city’s initial subsidy shall be equal to the fair market value of the home or unit 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 resale shall be used as an initial market value.

b.    For the purposes of this section, the city’s proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

M.    General Requirements for Qualifying Units.

1.    Location. Affordable units shall be considered part of the housing development for which the density bonus is granted. To the greatest extent feasible, qualifying affordable units shall be distributed throughout the housing development and mixed with market rate units.

2.    Exterior Appearance. The exterior appearance and quality of affordable units shall be similar to market rate units with exterior materials and improvements similar to and architecturally compatible with the market rate units in the housing development.

3.    Construction Timing and Phasing. Affordable units shall be constructed concurrently with, or prior to, constructing the market rate units. If a project is phased, qualifying affordable units shall be phased in the same proportion as the market rate units or phased in another sequence acceptable to the city. (Ord. 534 §1 (Att. A), 2023; Ord. 467, 2015. Formerly 17.06.190)

17.52.050 Reasonable accommodation.

A.    Intent and Purpose. In accordance with the Fair Housing Act and with the California Fair Employment and Housing Act, the city provides for reasonable accommodation in the application of zoning regulations to provide equal opportunity to the disabled, as defined in those acts, to use and enjoy a dwelling. Reasonable accommodations shall provide for flexibility in the application of zoning regulations to the development or use of permitted dwellings contained in this title to address the needs of the disabled occupants to fully use a dwelling and shall not constitute a variance from the terms of the zoning ordinance as provided in Chapter 17.75.

B.    Application. The owner or his/her agent may make application for a reasonable accommodation for the benefit of the occupant of an existing or proposed dwelling on a form prescribed by the director and submitted to the planning department accompanied by such plans, elevations, and other information as required for evaluation of the applicant’s request, and written statements and evidence identifying:

1.    The zoning code provision from which accommodation is being requested; and

2.    The basis for the claim that the individual, who is or will be the occupant of the dwelling for which the accommodation is requested, is considered disabled under the Fair Housing Act and why the accommodation is necessary to make the specific housing available to the individual.

C.    Processing Request for Reasonable Accommodation.

1.    The city planner may administratively approve a request for reasonable accommodation for projects valued at less than two hundred fifty thousand dollars and CEQA-exempt upon consultation with appropriate advisory agencies, including the city’s building and fire departments, except for those involving exterior alterations in the HC zoning district. Adjoining landowners will be notified of the request only if reasonable accommodation alterations will be visible from the structure’s exterior.

2.    At his or her discretion, or if the improvement is valued at greater than two hundred fifty thousand dollars, the city planner may refer the request to the planning commission. If referred to the planning commission, within forty-five days of receipt of a complete application for a reasonable accommodation, the planning department shall schedule the application for public hearing by the planning commission. The department shall give notice of the hearing in accordance with state law. The commission, within ninety days of receipt of the application from the planning department, shall approve or deny the application.

D.    Appeal. The decision of city staff may be appealed to the planning commission within ten days in accordance with Section 17.81.020. The decision of the planning commission may be appealed to the city council within ten days of the date of the planning commission’s action in accordance with the process detailed in Section 17.81.010. (Ord. 534 §1 (Att. A), 2023; Ord. 468, 2015. Formerly 17.06.200)

17.52.060 Housing Accountability Act--Special findings for denying certain housing, emergency shelter and farmworker housing projects.

A.    The city of Angels shall comply with the provisions of the Housing Accountability Act as provided in California Government Code Section 65589.5, and as it may be amended.

B.    Special Findings for Denying and Conditioning Very Low, Low or Moderate Income Housing, Farmworker Housing, and Emergency Shelters. In accordance with California Government Code Sections 65589.5(d)(1) through (5), and as it may be amended, the city shall not disapprove a housing development project, including farmworker housing as defined in Health and Safety Code Section 50199.7(h), for very low, low, or moderate income households, or an emergency shelter, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low, or moderate income households, or an emergency shelter, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following:

1.    The city has adopted a housing element pursuant to this chapter that has been revised in accordance with Government Code Section 65588, is in substantial compliance with this chapter, and the city has met or exceeded its share of the regional housing need allocation pursuant to Government Code Section 65584 for the planning period for the income category proposed for the housing development project; provided, that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Government Code Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this subsection shall not be used to disapprove or conditionally approve the housing development project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the department of housing and community development pursuant to Government Code Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to Government Code Section 65583(a)(7). Any disapproval or conditional approval pursuant to this subsection shall be in accordance with applicable law, rule, or standards; or

2.    The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and 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 rendering the development of the emergency shelter financially infeasible. As used in this subsection, a "specific, adverse impact" means 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. The following shall not constitute a specific, adverse impact upon the public health or safety:

a.    Inconsistency with the zoning ordinance or general plan land use designation.

b.    The eligibility to claim a welfare exemption under Section 214(g) of the Revenue and Taxation Code; or

3.    The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low and moderate income households or rendering the development of the emergency shelter financially infeasible; or

4.    The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project; or

5.    The housing development project or emergency shelter is inconsistent with both the city’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Government Code Section 65588 that is in substantial compliance with this section. For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter.

a.    This subsection cannot be utilized to disapprove or conditionally approve a housing development project if the housing development project is proposed on a site that is identified as suitable or available for very low, low, or moderate income households in the city’s housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation.

b.    If the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Government Code Section 65584, then this subsection shall not be utilized to disapprove or conditionally approve a housing development project proposed for a site designated in any element of the general plan for residential uses or designated in any element of the general plan for commercial uses if residential uses are permitted or conditionally permitted within commercial designations. In any action in court, the burden of proof shall be on the local agency to show that its housing element does identify adequate sites with appropriate zoning and development standards and with services and facilities to accommodate the local agency’s share of the regional housing need for the very low, low, and moderate income categories.

c.    If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in Government Code Section 65583(a)(7), or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by Government Code Section 65583(a)(4), then this subsection shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of Government Code Section 65583(a)(4). (Ord. 534 §1 (Att. A), 2023; Ord. 522 §1 (Att. A), 2022. Formerly 17.06.210)

17.52.070 Low barrier navigation centers.5

A.    Purpose. The purpose of this section is to implement Government Code Section 65660 et seq., relating to low barrier navigation centers.

B.    Definitions. For the purposes of this section, the following definitions shall apply:

1.    "Low barrier navigation center" means a housing first, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

2.    "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

a.    The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;

b.    Pets;

c.    Storing possessions;

d.    Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

3.    "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to 24 CFR 576.400(d) or 24 CFR 578.7(a)(8), as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

C.    Allowed Zones. Low barrier navigation centers shall be allowed as a permitted use in the following zoning districts provided they meet the requirements of subsection D of this section:

1.    Special planning zoning district.

2.    Public zoning district.

D.    Requirements. A low barrier navigation center shall meet all the following requirements:

1.    It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2.    It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.

3.    It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4.    It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system as defined by 24 CFR 578.3.

E.    Application Procedures. Approval shall be pursuant to the following process:

1.    An application shall be submitted to the community development department’s planning division on a form approved by the city planner.

2.    The city will notify the applicant within thirty days if the application is complete.

3.    The city will act within sixty days of receipt of a completed application.

F.    Effective Date. This section shall remain in effect until January 1, 2027, and as of that date is repealed. (Ord. 534 §1 (Att. A), 2023; Ord. 522 §1 (Att. B), 2022. Formerly 17.06.220)

17.52.080 Converting multifamily rental units to owned units (condominium conversion).

A.    Purposes and Intent. The purposes of this section are to:

1.    Establish a process for reviewing the conversion of rental apartments to residential condominiums, community apartments, or stock cooperative-type ownership units;

2.    To ensure compliance with local and state codes relative to design and building standards, type of construction, common area maintenance, health and safety requirements, and similar provisions which differ for rental apartments versus residential condominiums, community apartments, and stock cooperative;

3.    Maintain a balanced mix of rental and ownership housing ensuring a wide variety of housing choices to meet the city’s needs; and

4.    Minimize potential hardships to tenants caused by displacement from rental units converted to owner-occupied units.

B.    Conditional Use Permit and Special Findings Required. Prior to approving the conversion of residential multifamily rental units pursuant to this section, a conditional use permit shall first be secured in compliance with Chapter 17.78. In addition to the findings required pursuant to Section 17.78.030, the following findings are additionally required for conditional use permit approval pursuant to this section:

1.    The buildings proposed for conversion comply with all applicable provisions of the California Building Standards Code per the city’s chief building official; and

2.    All tenant notifications as required by Government Code Section 66427.1 have been made as applicable;

3.    And one of the following:

a.    Fewer than ten percent of the households in units to be converted are low, very low and extremely low income households (as defined by the California Department of Housing and Community Development’s most recently published income levels) based on an income survey of existing residents conducted by the city at the subdivider’s expense; or

b.    The elimination of residential rental units for low, very low and extremely low income households from the city’s housing stock is reduced to less than ten percent of the total units proposed for conversion through implementing one or more of the options provided in subsection E of this section.

C.    State Subdivision Map Act Compliance. Applicant shall comply with Section 16.12.010 and all applicable provisions of the State Subdivision Map Act as provided in the California Government Code including noticing requirements as summarized in subsection D of this section.

D.    Tenant Notifications and Offers Required Before Final Map Approval.

1.    The city council shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it makes all of the notifications set forth in Government Code Section 66427.1 to each tenant of the rental apartments proposed for conversion as summarized in the following. This section shall not diminish, limit, or expand, other than as provided in this section, the authority of the city to approve or disapprove condominium projects. The subdivider is responsible for providing notice to prospective tenants in accordance with Government Code Section 66452.17. Subdivider shall provide evidence of receipt of each tenant of the notices required herein.

a.    Prior to Filing a Tentative Map With the City/Sixty Days. Written notification, in the form provided in Government Code Section 66452.18, of intention to convert, provided at least sixty days prior to the filing of a tentative map pursuant to Government Code Section 66452. Written notices to tenants required by this subsection shall be deemed satisfied if those notices comply with the legal requirements for service by mail.

b.    Prior to Approving a Tentative Map/Limitation on Evictions/One Hundred Eighty Days. One hundred eighty days’ written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to the form contained in Government Code Section 66452.19, but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this subsection shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Civil Code Sections 1941, 1941.1, and 1941.2.

c.    Subsequent to Approval of a Final Map/Ten Days. Each tenant shall receive written notification by first class mail at least ten days after the approval by the city council of a final map for the proposed conversion. Such notices shall provide an estimate of the length of time prior to eviction.

d.    Prior to Filing of Public Report/Ten Days. At least ten days prior to the filing of a public report with the Department of Real Estate, each tenant of the proposed conversion project shall receive by first class mail a written notice that an application for a public report will be submitted to the Department of Real Estate and that such report will be available on request.

e.    Upon Receipt of Public Report/Five Days. Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate.

f.    Exclusive Right to Contract. Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant in the form provided in Government Code Section 66452.20. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Business and Professions Code Section 11018.2, and shall run for a period of not less than ninety days, unless the tenant gives prior written notice of his or her intention not to exercise the right.

2.    Required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in the language in which the rental agreement was negotiated.

3.    In addition to the provision of the other notice of applications or submittals required by this section, the subdivider shall provide to the occupant of each unit to be converted a copy of the notice for the agenda of the city planning commission and city council hearings at which the application for tentative or final subdivision map will be reviewed at least ten days in advance of the public hearings.

E.    Offsetting Tenant Impacts of Conversions. Where ten percent or more of the households in units to be converted are low, very low and extremely low income households, the subdivider shall implement one or more of the following as necessary to offset the total number of units being converted in excess of ten percent. Where used, such options shall require approval by the planning commission in conjunction with the conditional use permit for the project:

1.    On-Site Dedication. Retain and dedicate a percentage of units for low, very low and extremely low income households. This option requires recording restrictive covenants for the dedicated units. Subdividers may receive a density bonus from the city pursuant to this chapter to provide sufficient units.

2.    Relocation Assistance Program. The subdivider may propose a program assisting tenants displaced through the conversion in relocating to equivalent or better housing subject to review and approval by the planning commission.

3.    Alternative Site. The subdivider may offer alternative property under subdivider’s control to relocate tenant(s) to equivalent or better housing subject to review and approval by the planning commission.

4.    Financial Assistance.

a.    The subdivider may provide special financing to assist low, very low or extremely low income households to purchase a conversion unit(s).

b.    Subdivider may provide financial assistance to qualifying tenants to relocate. A qualifying tenant is not entitled to financial assistance pursuant to this subsection if they have been evicted for just cause or have not made rental payments to which the subdivider is legally entitled. Prospective tenants of a conversion project for which a notice of intent to convert has been issued shall not be entitled to tenant financial assistance.

5.    Alternative Proposal. The subdivider may propose an alternative program for planning commission consideration. (Ord. 534 §1 (Att. A), 2023; Ord. 526 §1 (Att. A), 2022. Formerly 17.06.230)

1

Unless a citywide study has established an alternative median income for this category using a method approved by HCD.


2

Where a general plan land use allows a range of densities, this shall mean the maximum allowable density for the specific zoning district applicable to the project.


3

Unless a citywide study has established an alternative median income for this category using a method approved by HCD.


4

The total number of affordable units plus non-income restricted units cannot exceed general plan density limits when calculating base units.


5

Per Section 17.52.070(F), "This section shall remain in effect until January 1, 2027, and as of that date is repealed."