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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Public Hearing Regarding Request for Approval of a Density Bonus, Discretionary Bonus and Inclusionary Housing Plan, Pursuant to State and City Density Bonus Law, to Construct a New 43-unit Residential Housing Development Project, Located at 441 and 445 W. Glenoaks Blvd., Providing a Total of Nine Affordable Units, Including a Total of Six Reserved for Very Low Income Households and Three Reserved for Moderate Income Households (Density Bonus Housing Plan Case No. PDBP-003898-2024).
1. Motion to approve Density Bonus, Discretionary Bonus and Inclusionary Housing Plan
2. Motion to deny Density Bonus, Discretionary Bonus and Inclusionary Housing Plan
COUNCIL ACTION
Item Type: Public Hearing
Approved for September 30, 2025 Calendar
EXECUTIVE SUMMARY
The project involves the demolition of two existing residential buildings containing a total of eight dwelling units and carports, and the construction of a new 43-unit multi-family density bonus housing development totaling approximately 37,898 square feet (SF) with 29 residential parking spaces within one level of semi-subterranean parking; the project will provide nine affordable units (50% of the base density) with six units reserved for very low income households and three for moderate income households (“Project”). The Project qualifies for reduced parking inclusive of guest and handicapped spaces, under California Government Code Sections 65915, et seq. (“State Density Bonus Law”) and Glendale Municipal Code (“GMC”) Chapter 30.36.
The applicant is seeking approval of a Density Bonus, Discretionary Bonus and Inclusionary Housing Plan with a request for a 138.9% total density bonus (of which 100% is automatic (by right) and 38.9% is discretionary). The applicant is restricting more than 15% of the units as rentals for very low income households (33% of the units) and an additional 17% of the units as rentals for moderate-income households (second/stacked density bonus). This stacked bonus gives the Project an automatic 100% density bonus 210a
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(50% bonus for the provision of at least 15% very low income restricted units, and an additional 50% bonus for the provision of at least 15% moderate income restricted units).
The applicant is requesting a greater bonus than the 100% density bonus the Project is automatically allowed under State Density Bonus Law. This discretionary request is subject to City Council approval following a public hearing. The City Council may approve or deny a discretionary density bonus at its sole discretion, taking into consideration factors including, but not limited to the number or type of affordable units proposed, the housing type, the underlying zone, and neighborhood conditions and compatibility.
Staff recommends that Council approve the discretionary bonus request. The development is compatible with the neighborhood and will provide a wide variety of housing opportunities for renters across many income categories (50% market-rate housing, 33% affordable to very low income households and 17% affordable to moderate income households). The Project will also increase overall housing supply and help the City meet the goals of the recently adopted Housing Element of the General Plan. The proposed residential housing development with the affordable units for very low income households and moderate income households is consistent with Goal 3 of the Housing Element, to increase opportunities for affordable housing by continuing density bonus programs meant to encourage the private development of affordable housing. Moreover, both Project parcels are listed in the Housing Element’s Site Inventory, each designated for a total of four above moderate-income units, resulting in a combined total of eight above moderate-income units. The Project exceeds the affordability assumptions set forth in the Housing Element for the site by 26 above moderate-income units, six very low income units, and three moderate income units, resulting in a surplus of units for the site.
Furthermore, pursuant to State Density Bonus Law, the Project is entitled to 4 incentives, because it is restricting at least 16% of the units to very low income households, and unlimited waivers, subject to meeting certain findings. The Project is requesting four incentives and five waivers; staff recommends approval of all incentives and waivers requested because the findings for each can be made.
RECOMMENDATION
That Council approve the Density Bonus, Discretionary Bonus and Inclusionary Housing Plan application, after review and consideration of the associated environmental review.
ANALYSIS
This is a Density Bonus, Discretionary Bonus and Inclusionary Housing Plan with a request for a 138.9% total density bonus (38.9% is discretionary), as well as 4 concessions and 5 waivers, pursuant to State Density Bonus Law and GMC Chapter
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General Information:
Applicant:BOLADarck Design
c/o Jean-Pierre Boladian
408 S. Pasadena Avenue #6
Pasadena, CA 91105
Property Owner:441- 445 Glen Investment, LLC
c/o Arax Asadorian
9526 Via Salerno
Burbank, CA 91504
Location/APN:441 - 445 W. Glenoaks Blvd., Glendale, CA 91202 APNs: 5636-004-022 and 5636-004-023
Legal Description:Lots 5 and 6, Tract No. 5451
Zone:R-1250 (High Density Residential)
Land Use Element:High Density Residential
Site Description:
The project address is 441 - 445 W. Glenoaks Blvd. located less than one mile northwest of Downtown Glendale (“Project Site”). The Project Site is located within the R-1250 zone and has a High Density General Plan designation. The Project Site is located mid-block, approximately 17,101 square feet (SF) in size and is currently improved with a total of eight residential dwelling units spread across two relatively flat lots. The Project Site is bordered by multi-family residential development directly to the north, east and west, and commercial development across the street to the south.
Surrounding Uses/Zoning:
Zoning Existing Uses
North R-1250 (High Density) Residential
Multi-family residential
South C2-II (Community Commercial) Commercial (Medical) Office East R-1250 (High Density) Residential Multi-family residential West R-1250 (High Density) Residential Multi-family residential Project Site R-1250 (High Density) Residential Multi-family residential 410a
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Utilities and Public Services:
All municipal and private utilities are in place serving the neighborhood and other public services are currently provided in the vicinity.
Project Description:
The Project involves the demolition of eight existing residential dwelling units on site and the construction of a new, four-story, 47-foot high, 43-unit multi-family residential project totaling approximately 37,898 SF with a total of 29 residential parking spaces within one level of semi-subterranean parking. The Project will provide a total of nine affordable units, including six reserved for very low income households and three reserved for moderate income households. The Project will require future Design Review Board approval.
Overview of Density Bonus Request:
The applicant is seeking approval of a Density Bonus Housing Plan with a request for a density bonus, as well as four concessions and five waivers, pursuant to State Density Bonus Law, which allows developers who provide at least 15% of the units in a housing development to very low income households a mandatory 50% density bonus, as well an additional 50% bonus if they provide an additional 15% of the units in a housing development to moderate income households. Housing developments that agree to restrict at least 16% of the base density rental units to very low income households are entitled to request 4 incentives.
The Density Bonus Housing Plan meets the requirements of State Density Bonus Law because the Project is providing 33% of the total base density units as affordable to very low income households (giving the Project a 50% automatic density bonus), and an additional 17% of the total base density units as affordable to moderate income households (giving the Project an additional automatic 50% density bonus). Since the applicant’s request is for a 138.9% density bonus, (greater than the State Density Bonus Law mandatory maximum of 100%) this additional discretionary density bonus request must be heard and decided by the City Council following a noticed public hearing. The City Council may approve or deny this request for a discretionary density bonus at its sole discretion, taking into consideration factors including, but not limited to: the number and type of affordable units proposed, the housing type, the underlying zone, and neighborhood conditions and compatibility. GMC § 30.36.060(D)1. 1 GMC Section 30.36.060 requires any discretionary bonus over 35% to be heard and decided by the City Council because prior to recent amendments, the State Density Bonus Law’s previous maximum by right bonus was capped at 35% but is now capped at 100%. Though the amount a project is entitled to as an automatic bonus is controlled by State Density Bonus Law, this section of the GMC still applies with respect to the process that a discretionary bonus request must follow. 510a
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The applicant is entitled to, and is requesting 4 incentives as follows:
1. Increase the maximum height and stories: Under GMC Section 30.11.030, Table
30.11-B, the maximum allowed height is 3 stories and 36 feet. The project proposes to increase the maximum allowed number of stories to 4 and the overall building height to 47 (11-foot height increase) measured to the top of the elevator shaft.
2. Increase maximum allowed floor area ratio (FAR): In accordance with GMC Section 30.11.030, Table 30.11-B, the maximum allowable floor area ratio (FAR) for multi-family projects in the R-1250 zone is 1.2 (maximum 20,521 square feet for the subject project). The applicant is requesting to exceed the maximum allowable floor area ratio. As proposed, the project features a total FAR of 2.21 (approx. 37,898 square feet), exceeding the maximum allowable FAR by 1.0 (approx.17,377 square feet).
3. Reduce common outdoor space: Pursuant to GMC Section 30.11.050(C), the Project is required to provide a minimum common outdoor space of 200 square feet per dwelling unit for the first 25 dwelling units on a lot and a minimum of 150 square feet for the second 25 dwelling units (7,700 square feet total required). The applicant is requesting to reduce the required common outdoor space by 3,490 square feet. As proposed, the Project provides approximately 4,210 square feet of common open space.
4. Not provide additional open space: Per GMC Section 30.31.020(A)(7), a minimum 900 square feet of additional open space for lots greater than 90 feet in width that exceed density plus an additional 20 square feet for each foot of lot width thereafter is required (the Project is required to provide 980 square feet). As proposed, the Project will not provide the additional open space for additional density gained by having a lot width greater than 90 feet.
The applicant may not request additional incentives. However, the applicant may request unlimited waivers. In this case, the applicant is requesting 5 waivers of development standards as follows:
1. Decrease the minimum unit size: Pursuant to GMC Section 30.11.050(A)(1), a minimum 600 square feet is required for efficiency and one bedroom residential dwellings units. The applicant is requesting to reduce the minimum of 600 square- foot unit size to a minimum of 500 square feet for several studios and one-bedroom units.
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2. Increase the maximum allowed lot coverage: Pursuant to GMC Section 30.11.030, Table 30.11-B, the maximum allowed lot coverage for multi-family projects in the R-1250 zone is 50 percent (maximum 8,550 square feet). The applicant is requesting to exceed the maximum allowable lot coverage. As proposed, the Project features a total lot coverage of 9,141 square feet (53.45 percent), exceeding the maximum allowable lot coverage by 3.45 percent (approx. 591 square feet).
3. Decrease minimum and average interior setback on the east side per GMC Section
30.11.030, Table 30.11-B:
a. Second residential floor: minimum 5’-6” and 9’-9” average (east side) where the required minimum is 8’-0” and 11’-0” average;
b. Third residential floor: minimum 5’-6” and 9’-9” average (east side) where the required minimum is 11’-0” and 14’-0” average;
c. Fourth residential floor: minimum 9’-9” (east side) where the required minimum is 11’-0”.
4. Decrease minimum and average interior setback on the west side per GMC Section 30.11.030, Table 30.11 B:
a. Second residential floor: minimum 7’-9” (required minimum 8’-0”); b. Third residential floor: minimum 7’-9” (required minimum 11’-0”).
5. Reduce minimum permanently required landscaped open space: Pursuant to GMC Section 30.11.020, Table 30.11-B, the minimum required landscaped open space is 25 percent (4,275.2 square feet). The applicant is requesting to reduce the minimum required landscaped open space. As proposed, the project features a total landscaped open space of 1,780 square feet (approx. 10.4 percent), reducing the minimum requirement by approximately 2,495 square feet.
Incentive Findings Can Be Made:
Pursuant to State Density Bonus Law and GMC Section 30.36.080(A), when an applicant for a density bonus requests incentives, the approving body, here the City Council, shall grant the requested incentives unless written findings are made, based upon substantial evidence, of any one or more of the following:
1. The incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs or to provide affordable rents.
2. The incentive or concession would have a “specific adverse impact upon public health and safety,” as defined in paragraph (2) of subdivision (d) of California Government 710a
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Code section 65589.5, or the physical environment or any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactory mitigate or avoid the specific, adverse impact without rendering the housing development unaffordable to low-income and moderate-income households. As used herein, “specific adverse impact upon public health or safety” 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. Inconsistency with the Zoning ordinance or the land use designation in the General Plan shall not constitute a specific, adverse impact upon public health or safety.
3. The incentive or concession will be contrary to the state or federal law. The granting of an incentive or concession shall not require or be interpreted, in and of itself, to require a General Plan amendment, zoning change, study or other discretionary approval. For purposes of this subdivision, “study” does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition.
As outlined above, the applicant is seeking approval of 4 concessions pursuant to State Density Bonus Law and GMC Chapter 30.36 (Density Bonus Incentives), as follows:
(1) Increase the maximum allowed building height and stories; (2) Increase the maximum allowed floor area ratio (FAR); (3) Reduce common open space; and
(4) Not provide the minimum required additional open space for additional density gained by having a lot width greater than 90 feet wide.
Incentives Findings
When an applicant for a density bonus requests incentives or concessions, the Council shall grant the requested incentives or concessions, unless it makes written findings, based upon substantial evidence, of any one (1) or more of the following three findings:
1.The incentives must be granted unless Council finds, based on substantial evidence, that the incentives do not result in identifiable and actual cost reductions to provide for affordable housing costs or to provide affordable rents.
This denial finding cannot be made, as there is no evidence that the incentives will not result in actual cost reductions to provide for affordable rents. To the contrary, there is substantial evidence that the incentives will result in identifiable and actual cost reductions to provide affordable rents. The requested incentives, taken as a whole, are required to allow for the additional density requested to be constructed on the same amount of lot area. The incentives (height/stories, increase in FAR and reduction of required open 810a
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space) will reduce costs to the applicant for providing affordable units by creating construction efficiencies, inherent reductions in costs, and allowing the construction of a greater number of units. The additional units will result in actual and identifiable cost reductions because the additional units will take advantage of construction efficiencies when being built and will generate rental income to offset the cost of providing the units at an affordable rent. If the Project were to comply with the Zoning Code regulations associated with maximum allowed building height/number of stories, floor area ratio, minimum required common outdoor space, and minimum required additional open space gained by having a lot width greater than 90 feet wide, the footprint of the new building would be significantly impacted, and would subsequently affect the viability of the Project at the desired density and the proposed development build-out. With the requested concessions, the owner/applicant will realize cost reductions (due mainly to the construction of additional units that will generate rental revenue) that will allow it to provide the 9 housing units at an affordable rent.
2.The concessions (incentives) must be granted unless the Council finds, based on substantial evidence, that they will have a “specific adverse impact upon public health and safety,” as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, 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-income and moderate-income households. Specific, adverse impact is defined as “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.” (Government Code section 65589.5(d)(2). Inconsistency with the zoning ordinance or the land use designation in the General Plan shall not constitute a specific, adverse impact upon public health safety.
This denial finding cannot be made as there is no evidence that the incentives will have any adverse impacts. To the contrary, no specific adverse impacts upon public health or safety or on the physical environment or on any real property that is listed in the California Register of Historical Resources would occur by granting the requested incentives for increased number of stories and building height, increased floor area ratio, reduce minimum required common outdoor space, and not to provide additional outdoor space gained by having a lot width greater than 90 feet wide.
The Project Site has not been listed on the National Register of Historic Places, California Register of Historical Resources, or Glendale Register of Historic Resources, and has not 910a
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been identified as a historic resource in any survey. Moreover, an individualized analysis by Planning staff was conducted and staff concluded there is no evidence the Project Site or the structure on the Project Site are historic. (See Class 32 Infill Exemption Analysis, Exhibit 6).
Moreover, the incentives do not include or necessitate reductions in standards to any state or local Building and Safety Division, Fire department or Engineering Division requirements or any other objective, identifiable written requirements pertaining to health and safety. The existing residential buildings on the Project Site which are proposed to be demolished, are not historically or culturally significant. Therefore, demolition of the existing buildings would not be considered a significant impact. Moreover, the proposed project is exempt from further CEQA review because it meets the requirements to qualify for a Class 32 “In-fill Development Project” and thus, does not exceed thresholds for noise, traffic, air quality and water and will not result in significant cumulative impacts.
Furthermore, while some interior setbacks along the east and west side of the building are proposed to be reduced (requested as a waiver), the provided setbacks provide adequate light, air and ventilation for adjacent buildings, which consist of similar multi- family residential buildings to the north, east and west of the Project Site.
Furthermore, the incentives allow for additional buildable area on the Project Site, which will then accommodate additional dwelling units. The additional density will, in fact, promote the City’s health and safety in that there will be greater housing opportunities for low income and moderate income households. Moreover, the project will advance the goals and policies of the General Plan, Housing Element (2021-2029), including, but not limited to, Goal 1 (“A City with a Wide Range of Housing Types to Meet the Needs of Current and Future Residents), Goal 3 (“A City with Increased Opportunities for Affordable and Special Needs Housing Development) Housing Services that Address Groups with Special Housing Needs) and Policies 3.1 and 3.2 (“Encourage both the private and public sectors to produce or assist in the production of affordable housing for special needs groups such as: persons with disabilities, the elderly, large families, single- parent households, and formerly homeless) and (“Promote the development of extremely low, very low, low and moderate income housing by allowing developers density bonuses or other financial incentives for providing units for low and moderate income residents.
The unit mix and location of affordable housing units in density bonus projects must be approved by the City and included in an affordable housing agreement.”). Accordingly, this denial finding cannot be met.
3.The concessions (incentives) must be granted unless the Council finds, based on substantial evidence, that the concessions will be contrary to state or federal law.
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The requested incentives will not be contrary to state or federal law and do not require any other discretionary entitlement other than Design Review Board review and approval.
The Project is designed to comply with Building and Safety codes and the proposed 43- unit affordable housing residential project is consistent with the General Plan. The Project meets the goals and policies in the Housing Element to provide affordable housing. There is no evidence of state or federal laws being violated. Accordingly, this denial finding cannot be met.
Since there is no substantial evidence to support any of the three findings for denial, the Council must grant the requested incentives.
Waiver Findings Can Be Made:
Per State Density Bonus Law and GMC Sections 30.36.040 and 30.36.080(B), an applicant may request waivers or reductions in development standards in addition to the incentives requested. Under this provision, the applicant is requesting 5 waivers:
(1) Decrease the minimum unit size: Per GMC Section 30.11.050 A 1., a minimum 600 square feet is required for efficiency and 1 bedroom residential dwellings units.
The applicant is requesting to reduce the minimum of 600 square feet unit size to 500 square feet for serval studios and 1 bedroom units.
(2) Increase the maximum allowed lot coverage: Pursuant to GMC Section 30.11.030, Table 30.11-B, the maximum allowed lot coverage for multi-family projects in the R-1250 zone is 50 percent (maximum 8,550 square feet). The applicant is requesting to exceed the maximum allowable lot coverage. As proposed, the Project features a total lot coverage of 9,141 square feet (53.45 percent), exceeding the maximum allowable lot coverage by 3.45 percent (approx. 591 square feet).
(3) Decrease minimum and average interior setback on east side per GMC Section
30.11.030 Table 30.11-B:
a. Second residential floor: minimum 5’-6” and 9’-9” average (east side) where the required minimum is 8’-0” and 11’-0” average;
b. Third residential floor: minimum 5’-6” and 9’-9” average (east side) where the required minimum is 11’-0” and 14’-0” average;
c. Fourth residential floor: minimum 9’-9” (east side) where the required minimum is 11’-0”.
(4) Decrease minimum and average interior setback on the west side per GMC Section 30.11.030 Table 30.11 B:
a. Second residential floor: minimum 7’-9” (required minimum 8’-0”); 1110a
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b. Third residential floor: minimum 7’-9” (required minimum 11’-0”). (5) Reduce minimum permanently required landscaped open space: Pursuant to GMC Section 30.11.020, Table 30.11-B, the minimum required landscaped open space is 25 percent (4,275.2 square feet). The applicant is requesting to reduce the minimum required landscaped open space. As proposed, the Project features a total landscaped open space of 1,780 square feet (10.4 percent), reducing the minimum requirement by approximately 2,495 square feet.
The City Council shall grant the request for waivers or reductions in development standards pursuant to this section only if all of the following written findings are made:
1. The application of said development standard(s) will have the effect of physically precluding the construction of the housing development at the density and with the incentives or concessions granted pursuant to this chapter;
2. The waiver or reduction in development standards will not have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
3. The waiver or reduction in development standards will not have an adverse impact on any real property that is listed in the California Register of Historical Resources; and
4. The waiver or reduction in development standards will not be contrary to state or federal law.
Waiver Findings
All of the required findings can be made in support of the requested waivers, as described below.
1. The application of said development standard(s) will have the effect of physically precluding the construction of the housing development at the density and with the incentives or concessions granted pursuant to this chapter.
The application of the development standards without the granted waivers will have the effect of physically precluding the construction of the housing development at the density and with the incentives granted pursuant to GMC Chapter 30.36. The requested waivers are required to allow provision of a larger building footprint. 1210a
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Minimum Unit Size: Approval of a waiver, allowing a reduction in minimum unit size as regulated by GMC Section 30.11.050(A), would allow the Project to be physically feasible. The Project is designed to optimize density to provide 9 units affordable to very low income and moderate income households and provide for a balanced unit mix to serve a variety of income levels. The requested waiver to reduce the minimum 600 square feet unit size to 500 square feet for one-bedroom units is necessary to allow for the construction of the additional density and affordable units, as well as maximizing the unit mix that is physically possible to build. The waiver will allow relief to provide affordable units and a more balanced unit mix consisting of studios and one-bedroom units.
Increase in Lot Coverage: The applicant is requesting to increase the lot coverage to
53.45%, where 50% is the maximum lot coverage allowed in the R-1250 zone (GMC Section 30.11.030, Table 30.11-B). As proposed, the project features a total lot coverage of approximately 9,141 SF, exceeding the maximum allowable lot coverage of 8,550 SF by 3.45 percent (592 SF). The project is designed to optimize density to provide 9 units affordable to very low-income and moderate-income households and provide for a balanced unit mix to serve a variety of income levels. The requested waiver from the maximum 50% lot coverage is needed to allow for the construction of the additional density and affordable units. Also, the requested waiver will allow for the creation of more studios and one-bedroom dwelling units affordable to both very low income and moderate income households versus the creation of less and smaller studio and one bedroom units. According to the Project Plans (Exhibit 2), on sheet T-1.0 it shows the following unit mix: 19 studio units and 24 one-bedroom units (total 15,239.6 SF). Additionally, the project features approximately 11,524 SF of underground parking.
As designed, complying with the maximum 50% lot coverage would physically preclude the Project’s proposed design and garage and floor plan layout. The increase in lot coverage enables a greater capacity of the Project Site to be developed with the 43 multi-family dwelling units, including 9 affordable units. To comply with Code, the applicant would need to reduce the overall building footprint by approximately 592 SF which would physically preclude the construction of housing with the 9 affordable units and balanced unit mix at the density and with the incentives. Therefore, the requested waiver to exceed the maximum allowed lot coverage is needed to physically allow the density and unit mix to be built
Reduction in interior setback on East and West side: To ensure the Project is physically feasible, the applicant is requesting a waiver from the interior setback requirements outlined in GMC Section 30.11.030, Table 30.11-B. This waiver is necessary to avoid physical constraints that could hinder the successful implementation of the development. The Project is designed to optimize density to provide 9 units affordable to very low-income and moderate-income households and provide for a balanced unit 1310a
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mix to serve a variety of income levels. The requested waiver from the minimum and average interior setback requirements is needed to allow for the construction of the additional density and affordable units. The overall Project massing complies with the allowable zoning standards and massing, except for a few instances where the building mass extends slightly beyond the prescribed setback limits. These instances are minimal and are a result of design considerations aimed at enhancing the functional layout of the building and optimizing the use of available space.
The Project is designed to optimize density with a balanced unit mix consisting of studio and one-bedroom unit apartments within the proposed density of 43 units (with the density bonus). The requested waiver to reduce the required minimum interior and average setback along the east and west sides of the building is necessary to make this balanced unit mix physically possible to build with the proposed density. The requested waiver is to decrease the minimum and average interior setback on the east side to provide a minimum 5’-6” and 9’-9” average on the second floor where the minimum required is 8’-0” and 11’-0” average, a minimum 5’-6” and 9’-9” average on the third floor where the minimum required is 11’-0” and 14’-0” average, a minimum 9’-9” setback on the fourth floor where the minimum required is minimum 11’-0”, and to decrease the minimum and average interior setback on the west side to provide a minimum 7’-9” on the second floor where the minimum required is 8’-0” and a minimum 7’-9” on the third floor where the minimum required is 11’-0”. This waiver for interior setbacks is necessary to accommodate the proposed floor area. If the Project were to comply with the required interior setback requirements, it would result in smaller residential units with fewer total bedrooms. Without the requested waiver, the Project density would be reduced, the number of affordable units reduced, and the balanced unit mix would be affected, which would make it physically impossible to build the Project at the allowable density with the desired unit mix and number of affordable units and with incentives.
Reduction in required permanent landscaped open space: Providing the minimum required permanent landscaped open space of 25% (4,275 SF) of the total lot area will effectively preclude the construction of the housing development at the proposed density. By providing the required 25% landscaped open space for the project, the available land area for construction will be significantly diminished. As proposed, the Project features 1,780 SF (10.4%) total landscape for the entire Site. Without the requested waiver to reduce the minimum required landscaping, the Project density would be reduced, the number of affordable units reduced, and the balanced unit mix would be affected, which would make it physically impossible to build the Project at the allowable density with the desired unit mix and number of affordable units. This constraint could prevent the Project from achieving the planned number of housing units, as the development would not have sufficient space to accommodate the 43 1410a
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proposed residential units if they were to comply with the minimum 25% landscape requirement.
The requested deviations described above allow for all 43 units with 9 on-site affordable units, underground parking, amenities and open spaces shown on the proposed Project plans. Without the requested reduction in unit size, additional lot coverage, reduced interior setbacks on the building’s east and west sides, and reduction from the minimum required landscaped open space, the size of the units would be reduced further than what is currently requested through an incentive, and the proposed density would be reduced. Simply put, the waivers requested will provide the necessary building square footage and unit count to allow for the desired Project size, the desired Project unit-mix, and the desired Project amenities to bring this Project to fruition as envisioned with the density and requested incentives allowed under the State Density Bonus Law. To state the converse, denying the 5 requested waivers will physically preclude the Project from being built per the desired unit mix, number of bedrooms, net livable area and average unit size, and with the density permitted under the State Density Bonus Law.
2.The waiver or reduction in development standards will not have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
The granting of the waivers will not have a specific adverse impact upon public health or safety or on the physical environment. The project is exempt from further CEQA review as a Class 32- “In-fill Development Projects” exemption, pursuant to State CEQA Guidelines section 15332, because the Project meets all the conditions for an in-fill development project. These waivers do not rise to the level of a specific, adverse impact under the law, which requires a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. The proposed waivers requested do not include waivers for Building and Safety, Fire Department or other requirements pertaining to health or safety. The proposed lot coverage, interior setback (east/west side), and landscape open space will allow additional density to accommodate a growing population, improving the City’s public health and safety by establishing greater opportunities for residents to age within their community, as well as providing greater opportunities for both low- and moderate- income family households. Further, as the Project is exempt from further CEQA review as a Class 32 “In-Fill Development Project,” it does not exceed thresholds identified for 1510a
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environmental impacts including noise, traffic, and air quality and will not result in significant cumulative impacts.
The waivers or reductions in development standards will not have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The Project is exempt from further review under the California Environmental Quality Act and no significant environmental impacts have been identified. The Project is designed to comply with the various sections of the Glendale Municipal Code as administered by different City Departments (e.g. Fire, Glendale Water & Power, Public Works, Building & Safety, etc.). Aside from the 4 incentive and 5 waiver requests, the Project otherwise fully complies with the Zoning Code. Further, the provision of additional housing and affordable housing benefits the public health and safety and is consistent with the General Plan Housing Element goals of providing a wide range of housing types including affordable housing.
The Project’s impact in terms of reduced unit size, increased lot coverage, reduced interior setback (east/west side) and landscaped open space is mitigated by certain factors. For example, the building uses several design techniques that reduce the apparent massing and scale of the building, including a variation in building form and façade, and a variety of exterior finish materials that help break up the apparent building size.
3. The waiver or reduction in development standards will not have an adverse impact on any real property that is listed in the California Register of Historical Resources.
The waivers or reductions in development standards will not have an adverse impact on any real property that is listed in the California Register of Historical Resources. The existing 8 residential dwelling units spread across two lots and garage on the Site, which are proposed to be demolished, have not been identified as being historically or culturally significant and the Project does not impact any real property listed on the California or Glendale Register of Historical Resources.
4. The waiver or reduction in development standards will not be contrary to state or federal law.
The waivers or reductions in development standards will not be contrary to state or federal law and do not require any other discretionary entitlement other than design review approval. The project complies with State Density Bonus Law, the California Environmental Quality Act (CEQA), and the City’s Density Bonus Ordinance, and is 1610a
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designed to comply with the various sections of the Glendale Municipal Code as administered by City Departments (e.g. Fire, Glendale Water & Power, Public Works, Building & Safety, etc.). No other known federal or state laws would be in conflict with granting of the incentives/concessions.
Discretionary Density Bonus Findings Can Be Made:
The Project Site is located in the R-1250 (High Density Residential) zone where multiple residential dwelling units are a permitted use. In accordance with GMC Section
30.11.020, sites zoned R-1250 with more than 90 feet of frontage are permitted 1 unit per 1,000 square feet, which permits a maximum residential density of 43 units per acre. The project is approximately 17,101 in size, with a lot width of approximately 94 feet. By right, the applicant is entitled to a base density of 18 units (17,101/1,000 = 17.10 rounded up to 18 – CA Govt Code § 65915(q) requires all density bonus calculations to be rounded up).
The applicant is requesting a 138.9% density bonus in order to provide a total of 43 residential units (18 unit base density x 100% density bonus= 36 units; and an additional
38.9% density bonus allows an additional 7 units (36 +7 additional units=43 units)). The applicant is automatically entitled to 100% density bonus by providing a minimum of 15% very low and 15% moderate income units, and is requesting an additional 38.9% as a discretionary bonus. In exchange for the discretionary request, the applicant is restricting 33% of the base units to very low income renter households, which represents an additional 18% more units affordable to very low income households than required State law. This represents a positive correlation and proportionality between the requested density bonus and the number of very low income units to be provided, and State Density Bonus Law allows the City to grant a discretionary density bonus above the maximum allowed by State Density Bonus Law, (CA Govt Code § 65915(n)). Per GMC Section
30.36.060(D), the grant of a density bonus above the state required mandatory (which was at one point 35% but is now at 100% due to the recent state law amendment allowing a stacked bonus) is subject to City Council approval following a public hearing. The council may approve or deny such a request at its sole discretion, taking into consideration factors including, but not limited to: the number and type of affordable units proposed, the housing type, the underlying zone, and neighborhood conditions and compatibility. (GMC § 30.36.060(D)).
As set forth above, the applicant has provided a proportional amount of additional affordable units, commensurate with the amount of the discretionary density bonus, all to be restricted as rental units for very low income households. Staff believes the underlying zone and neighborhood conditions are such that the grant of the discretionary density would not be out of character and would be compatible with the existing surrounding multi- family residential uses in this R-1250 (High Density Residential) zone. The proposed 43- 1710a
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unit residential housing Project will help the City by providing and allocating additional residential housing (both market rate and affordable) and help to meet the City’s Regional Housing Needs Allocation (RHNA). Both parcels (441 W. Glenoaks (APN 5636-004-023) and 445 W. Glenoaks (APN 5636-004-022)) are listed in the Housing Element’s Site Inventory, each designated for a total of 4 above moderate-income units, resulting in a combined total of 8 above moderate-income units. The Project exceeds the affordability assumptions specified in the Housing Element for the site by 26 above moderate-income units, 6 very low-income units, and 3 moderate-income units. Accordingly, all of the factors required to be considered in awarding a discretionary density bonus weigh in favor of approval, and staff recommends that the City Council approve the discretionary density bonus request.
The Project Exceeds Parking Required Under the Mandatory Parking Concession:
Pursuant to California Government Code Section 65915(p)(2)(A) and GMC Section
30.36.090(A), the applicant has also requested an automatic (mandatory) parking concession. Upon the request of an applicant, the required vehicular parking ratio, inclusive of handicapped and guest parking, is not to exceed one-half (0.5) space per bedroom of a development providing at least 11% very low income units located within
0.5 mile of a major transit stop with unobstructed access (collectively, the “Parking Concession). Unobstructed access means a resident is able to access the major transit stop without encountering natural or constructed impediments (e.g., freeways, rivers, mountains, and bodies of water, etc., but does not include residential structures, shopping centers, parking lots, or rails used for transit). The Project is located within 0.5 mile of a major transit stop with unobstructed access. The Project’s unit mix is 19 studio units and 24 one-bedroom units. Based on the number of units provided, the Parking Concession would require a minimum of 22 residential parking spaces (43 units x 0.5 = 21.5 rounded up to 22). The Project exceeds the minimum requirement per and proposes to provide 29 parking spaces total. Accordingly, the Project meets and exceeds the parking requirements under CA Govt Code § 65915(p)(2)(A) and is eligible for the automatic Parking Concession.
The Project Satisfies the Replacement Obligation Under State Density Bonus Law:
Per State Density Bonus Law an applicant is ineligible for a density bonus or any other incentives or concessions if a project is proposed on a parcel or parcels with rental dwelling units that have been vacated or demolished within a 5-year period preceding the project’s development application or have been occupied by lower or very low income households, unless the proposed project replaces those units. If any dwelling units are occupied on the date of a project’s development application, the proposed project is required to provide the same number of units of equivalent size (i.e., the same total number of bedrooms as the units being replaced) as affordable to the same or lower 1810a
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income households in occupancy. If the incomes are unknown to the applicant, there is an established rebuttable presumption per HUD’s Comprehensive Housing Affordability Strategy database. Using the most recent data (2017-2021) for Extremely Low, Very Low, and Low Renter households on https://www.huduser.gov/portal/datasets/cp.html and dividing the total households from those three categories (30,270 households) by the total renters within the City of Glendale (48,575 households), this presumption amounts to
62.32% (30,270 / 48,575 = 62.32%) of renter households at or below 80% AMI. Per the Los Angeles County Assessor, there are currently 8 residential dwelling units at 9 bedrooms total on parcels 5636-004-022 & 5636-004-023. The Project is subject to the
62.32% presumption set forth by HUD. By applying the rebuttable presumption of 62.32% to the 8 residential dwelling units and 9 bedrooms, 5 replacement units (62.32% x 8 =
4.99 rounded up to 5) at 6 bedrooms total (62.32% x 9 = 5.61 rounded up to 6) are required to be designated as affordable under State Density Bonus Law. The Project is required to provide 5 affordable units (with a total of 6 bedrooms) to very low income households.
The applicant proposes the following 9 affordable units, which will be finalized by Housing Division staff shortly after Project entitlements are granted:
Unit 102: 1 bedroom, at 611.8 SF (very-low);
Unit 106: Studio, at 550.1 SF (very-low);
Unit 107 Studio, at 505.5 SF (very-low);
Unit 203: 1 bedroom, at 598.1 SF (moderate);
Unit 208: Studio, at 550.1 SF (very-low);
Unit 209: Studio 604.7 SF; (moderate)
Unit 301: 1 bedroom, at 608.1 SF (moderate);
Unit 306: Studio, at 550.1 SF (very-low); and
Unit 307: Studio, at 505.5 SF (very-low)
As such, the applicant has met the replacement obligation, and no additional units are required.
The Project Satisfies the IZO and Commercial DIF Is Not Applicable:
Per GMC Chapter 30.35, the Inclusionary Zoning Ordinance (the “IZO”), requires a housing development (a rental development project of 8 or more dwelling units proposed to be constructed in the City) to provide 15% of the base density units as affordable to low income households. The Project is subject to the IZO and is required to provide three low income restricted units (15 percent of 18 base density units=2.7, rounded up to 3). The Project will meet the IZO requirement because the applicant will provide 6 units restricted to very low income households; no additional affordable units are required under the IZO. 1910a
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Per GMC Chapter 4.11, the Affordable Housing Commercial Development Impact Fee is not applicable to the Project as it does not entail a permitted commercial component.
Recorded Density Bonus Housing Agreement Will Ensure Affordability for 55 Years:
The owner will be required to enter into a Density Bonus Housing Agreement (“DB Agreement”) in which the owner will covenant to restrict 6 units as rental units for very low income households and 3 units as rental units for moderate income households. The DB Agreement with the City will be a recorded restriction on the property on which the affordable units and density bonus are constructed. In addition, the DB Agreement will run with the land and bind all future owners and successors in interest for a period of 55 years.
STAKEHOLDERS/OUTREACH
Not applicable.
FISCAL IMPACT
There is no fiscal impact associated with the action recommended in this report, other than the additional property tax or other revenue that may be generated if the Project is approved and ultimately developed in the future.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The Director and Community Development Department staff have conducted environmental review for the Project pursuant to the California Environmental Quality Act (“CEQA”) and have determined that the Project is exempt from further environmental pursuant to section 15332 of the State CEQA Guidelines contained in Title 14 of the California Code of Regulations (Class 32 “In-fill Development Projects” exemption) because the Project meets all of the conditions for an in-fill development project as follows, as analyzed in detail with supporting evidence and technical studies, in the attached Exhibit 6:
a) The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations;
b) The proposed development occurs within city limits on a site of no more than five acres substantially surrounded by urban areas;
c) The Project site has no value as a habitat for endangered, rare or threatened species;
d) Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and
e) The Project site can be adequately served by all required utilities and public services.
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CAMPAIGN DISCLOSURE
The names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, Subcontractors and any person or entity with more than 10% interest in the company proposed for contract in this Agenda Item Report are set forth in the attached in Exhibit 7, in accordance with the City Campaign Finance Ordinance No. 5744.
ALTERNATIVES TO STAFF RECOMMENDATION
1. Deny the Density Bonus, Discretionary Bonus and Inclusionary Housing Plan, inclusive of the discretionary density bonus.
2. Any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Bradley Calvert, Director of Community Development
Prepared by:
Milca Toledo, Senior Planner
Reviewed by:
Michael J. Garcia, City Attorney
Yvette Neukian, Principal Assistant City Attorney
Erik Krause, Assistant Director of Community Development Vista Ezzati, Principal Planner
Aaron Brownell, Senior Housing Project Manager
Samuel Safaryan, Administrative Analyst
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: Location Map
Exhibit 2: Project Plans
Exhibit 3: Draft Density Bonus, Discretionary Bonus and Inclusionary Housing Plan Exhibit 4: Site and neighborhood Photos
Exhibit 5: Additional documentation provided by the Applicant Exhibit 6: Class 32 Infill Exemption Analysis
Exhibit 7: Campaign Disclosure Form