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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY AMENDING CHAPTERS 21.25,
DIVISION V (SITE PLAN REVIEW) AND 21.68 (ENHANCED
DENSITY BONUS)
WHEREAS, on October 5, 2021, the City Council adopted Ordinance No.
ORD-21-0034 adding Chapter 21.68 to Title 21 of the Long Beach Municipal Code (“LBMC”) and amending Subsection 21.25.506.A.7 of the LBMC, related to establishing an ordinance for an Enhanced Density Bonus program (“EDB Ordinance”); and WHEREAS, on September 14, 2021, the City Council approved Resolution No. RES-21-0113 directing the Director of Development Services to submit a Local Coastal Program Amendment (“LCPA”) for the EDB Ordinance to the California Coastal Commission (“CCC”) for a finding of conformance with the Certified Local Coastal Program (“LCP”); and
WHEREAS, the EDB Ordinance was submitted to the CCC on December 28, 2021; and
WHEREAS, on June 8, 2023, the CCC held a public hearing for the LCPA (LCP-5-LOB-21-0088-2) and recommended certification of the LCPA with three (3) requested modifications pertaining to references to non-certified provisions of the LBMC, clarification for required consistency with LCP and protection of coastal resources, and corrections to typographical errors; and
WHEREAS, the City Council desires to approve the CCC’s requested modifications by adopting them in accordance with the action taken by the CCC on June 8, 2023.
NOW, THEREFORE, the City Council of the City of Long Beach ordains as ORD-23-0036
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
follows:
Section 1. The Long Beach Municipal Code is amended by amending Section 21.68.020 to read as follows:
21.68.020 Definitions.
A. High Quality Transit Bus Corridor (HQTC): A high-quality transit bus corridor means a corridor with fixed route public bus service with service intervals no longer than fifteen (15) minutes during peak commute hours, as defined by California Public Resources Code 21155.
B. Inclusionary Unit or Inclusionary Housing Projects: a dwelling unit/project required to be affordable to very low or moderate-income households and subject to an inclusionary housing regulatory agreement in areas subject to Inclusionary Housing Requirements outside of the coastal zone.
C. Major Transit Stop: A site or location containing a rail station or the intersection of two (2) or more public bus routes with a service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods, as defined by California Public Resources Code 21064.3. The stations or bus routes may be existing, under construction, or included in the most recent Southern California Association of Governments (SCAG) Regional Transportation Plan (RTP).
D. Qualifying Project: A residential or mixed-use project that includes On-Site Restricted Affordable Units at a rate that meets or exceeds the minimum requirements to satisfy the Enhanced Density Bonus Incentives and as set forth in this Chapter. A qualifying project must be proposed on an eligible parcel, and meet or exceed the income thresholds as defined below.
1. Very Low-Income Households as defined in Section
50105 of the California Health and Safety Code.
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
2. Low Income Households as defined in Section 50093
of the California Health and Safety Code.
3. Moderate Income Households as defined in Section
50093 of the California Health and Safety Code.
Section 2. The Long Beach Municipal Code is amended by amending Subsection 21.68.040.A. to read as follows:
A. Applicants with qualifying projects and parcels may request use of the EDB Chapter provisions and procedures, or the State Density Bonus provisions and procedures (Government Code 65915), but may not utilize both programs in order to increase density or otherwise qualify for project incentives. Neither the EDB Chapter provisions nor State Density Bonus Law supersede or in any way alter or lessen the effect or application of the Coastal Act and the LCP. Any incentives, concessions, waivers, and/or density bonuses applied to proposed projects via application of State Density Bonus Law shall only be allowed if coastal resources are protected as required by the Coastal Act and the LCP.
Section 3. The Long Beach Municipal Code is amended by amending the Footnote to Table 21.68-1 in Subsection 21.68.050 to read as follows:
Footnote (*): Use of 3% and 4% affordability components only permissible when the total number of affordable units across multiple restricted income levels equals or exceeds 12% of all units. For example, an applicant may propose 3% Very Low Income (VLI) in the Base Area and be eligible for a 15% density bonus; however, the 3% can only be used in conjunction with one or more other affordable components that total a minimum of 12% affordable units in a project.
Section 4. The Long Beach Municipal Code is amended by amending 4 EWM:ag A23-02314
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Section 21.68.060 to read as follows:
21.68.060 Eligible concessions/incentives for EDB projects that are not inclusionary housing projects (“Non-Inclusionary Projects”).
The following Table shall determine how many incentives/concessions a “Non-Inclusionary Project” may be eligible for, based on the percent density bonus a project has qualified for. (See above, Density Bonus Eligibility and Percentages.) Table 21.68-4
Maximum Number of Concessions for Non-Inclusionary Projects Concession Eligible Density Bonus
1 20
2 30
3 40
4 50
5 60
6 70
7 80
8 90
9 100
Note: For EDB projects that are inclusionary housing projects, the following Table shall be used to calculate the number of incentives/concessions a project is eligible for. In the Downtown (PD-30) and Midtown (SP-1) areas, incentives/concessions shall be based on the total percent density bonus a project qualifies for (see above, Density Bonus Eligibility and Percentages).
Table 21.68-5
Maximum Number of Concessions for Inclusionary Housing Projects Total #
Concessions
Eligible
Density
Bonus
(2023 and
beyond)
Maximum
Concession
for Height
Eligible
Density
Bonus
(2022)
Maximum
Concession
for Height*
Eligible
Density
Bonus
(2021)
Maximum
Concession
for Height*
3 70 1 story 50 1 story 40 1 story
4 80 70 60
5 90 2 stories 90 2 stories 80 2 stories
6 100 3 stories 100 3 stories 100 3 stories
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
*Note: Any height increases on a lot sharing a lot line or across an alley from an R1 or R2 zoned property occupied by a single-family home or duplex, shall step- back any height increase over twelve (12) feet at least ten (10) feet from the exterior face of the ground floor of the building.
Section 5. The Long Beach Municipal Code is amended by amending Subsection 21.68.070.A to read as follows:
A. The following are the by-right “on-menu”
concessions/incentives that an EDB project may request based on the number of concessions/incentives a project is eligible for per the concessions/incentive Tables set forth above. In the coastal zone, concessions/incentives including but not limited to parking and open space concessions/incentives shall only be authorized or allowed by-right if there will be no significant adverse impacts to coastal resources, including but not limited to public access and environmentally sensitive habitat area, and if found consistent with the resource protection policies of the certified LCP.
1. A floor area ratio (FAR) increase of forty (40) percent per concession;
2. A fifteen (15) percent reduction in non-residential
parking per concession;
3. A thirty (30) percent reduction in open space per
concession;
4. An allowance for all shared/public (in lieu of private) open space;
5. An averaging of floor area ratio (FAR), density, parking, open space or access across zones (one (1) incentive per development standard averaged);
6. A fifteen (15) percent reduction in transitional height 6 EWM:ag A23-02314
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
requirements;
7. A thirty (30) percent reduction in an individual setback per concession (maximum one (1) incentive per side or front yard with a maximum of two (2) incentives on the rear yard);
8. A maximum of one (1) additional story in height in the Base and HQTC areas and a maximum of three (3) additional stories in height in the Major Transit Stop area.
Section 6. The Long Beach Municipal Code is amended by amending Section 21.68.090 to read as follows:
21.68.090 Parking requirements.
Parking. EDB projects are eligible for off-street parking reductions and may avail themselves of either the reductions offered by the State regulations or the parking reductions offered by Table 21.68-6. Projects may use either of the reductions, but not both. EDB projects outside of the coastal zone comprised of one hundred (100) percent affordable units shall not be required to provide on-site parking. In the coastal zone, EDB projects comprised of one hundred (100) percent affordable units shall be required to provide off-street parking in accordance with Table 21.68-7.
Table 21.68-6
EDB Parking Ratio Table
0—1 Bedrooms 1 space/unit
2—3 Bedrooms 1.25 spaces/unit
4+ Bedrooms 2 spaces/unit
Commercial Parking Outside the Coastal Zone: First 6,000 square feet exempt; certified zoning code
parking requirements apply beyond 6,000
square feet.
Within the Coastal Zone: Certified zoning
code parking requirements apply.
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Table 21.68-7
EDB Parking Ratio Table for Projects in the Coastal Zone Comprised of One Hundred (100) Percent Affordable Units
0—1 Bedrooms 0.25 space/unit
2—3 Bedrooms 0.25 spaces/unit
4+ Bedrooms 0.25 spaces/unit
Nonresidential Parking Certified zoning code parking
requirements apply
Section 7. The Long Beach Municipal Code is amended by amending Subsection 21.25.506.A.7
7. The project is in compliance with the housing
replacement requirements of the certified Local Coastal Program or Section
21.68.040.E of this Chapter, as applicable, and will result in the same or greater number of dwelling units; and in the case of existing affordable dwelling units, that the dwelling units will be replaced at the same or deeper affordability levels.
Section 8. The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.
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28 I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of October 3 2023, by the following vote:
Ayes: Councilmembers: Zendejas, Allen, Duggan, Supernaw, Kerr, Saro, Uranga.
Noes: Councilmembers: None.
Absent: Councilmembers: Austin.
Recusal(s): Councilmembers: Ricks-Oddie.
Approved:
(Date)
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AFFIDAVIT OF POSTING
STATE OF CALIFORNIA ) ss
COUNTY OF LOS ANGELES )
CITY OF LONG BEACH )
Alyssa Campos being duly sworn says: That I am employed in the Department of the City Clerk of the City of Long Beach; that on the 4th day of October 2023, I posted three true and correct copies of Ordinance No. ORD-23-0036 in three conspicuous places in the City of Long Beach, to wit: One of said copies in the lobby of City Hall in front of the Civic Chambers; one of said copies in the Billie Jean King Main Library; and one of said copies on the front counter of the City Clerk Department.
Subscribed and sworn to before me
This 4th day of October 2023.