Developers' Alternative Compliance Options.
Long Beach Municipal Code § 21.67.080
in effect21.67.080 - Developers' Alternative Compliance Options.
A. In-Lieu Fee. All: (i) ownership residential developments, (ii) rental residential developments proposing twenty (20) or less dwelling units, and (iii) residential developments specifically authorized by an action of the City Council after a finding of hardship has been made, may satisfy the inclusionary housing requirement in Section 21.67.050.A by the payment of a fee to the City in-lieu of constructing the inclusionary units within the residential development. In-lieu fees may be established from time-to-time by resolution of the City Council. No building permit shall be issued by the City for any market-rate unit in the residential development until all in-lieu fees for the residential development have been paid to the City. The developer shall provide specific written notice to any purchaser of any dwelling unit prior to the acceptance of any offer to purchase, and shall obtain executed acknowledgment of the receipt of such notice, that purchaser shall not have any right to occupy the dwelling unit until such time as all in-lieu fees owing for the residential development are paid to the City. All in-lieu fees shall be deposited in the inclusionary housing fund as described in Section 21.67.110.
B. Land Dedication. An applicant may dedicate land to the City or a local nonprofit housing developer, at no cost to the City or such housing developer, in place of actual construction of inclusionary units upon approval of the City Council. The applicant must comply with the following provisions and provide evidence of such compliance when the proposed land dedication is submitted to the City:
1. The applicant must exclusively control the land to be dedicated.
2. The land to be dedicated must be free of any liens, easements or other encumbrances adversely impacting value, and must be fully served by necessary utility infrastructure.
3. The land to be dedicated cannot contain any hazardous materials, and the applicant must disclose any previous hazardous materials located thereon and provide evidence that remediation was performed in compliance with applicable law.
4. The land to be dedicated cannot have been improved with residential structures for a period of at least five (5) years prior to application submission.
5. All property taxes and other assessments must be fully paid at the time of application submission and at the time of actual dedication and/or conveyance.
6. The land to be dedicated must be located within one (1) mile of the residential development that is subject to the requirements of this Chapter, unless the land to be dedicated is in a High Resource Area.
7. The existing General Plan and zoning standards applicable to the land to be dedicated must allow for the requisite number of inclusionary units to be developed, and such land must otherwise be suitable in terms of size, configuration and physical characteristics to allow for such inclusionary unit development.
8. The development of the requisite number of inclusionary units must be feasible without the need for City, Housing Authority, or Long Beach Community Investment Company assistance funds.
9. Any other requirements of the inclusionary housing guidelines. For developments within the coastal zone, those requirements must be consistent with the policies of the LCP, including this Chapter. In any case of conflict between the Inclusionary Housing Guidelines and the policies of the LCP, the policies of the LCP shall take precedence over the guidelines.
C. Other alternative compliance methods. A developer may propose an alternative compliance method to provide inclusionary units through other means consistent with any adopted inclusionary housing guidelines and Housing Element policies and goals to affirmatively further fair housing in the City. For developments within the coastal zone, those alternative compliance methods must be consistent with the policies of the LCP, including this Chapter. In any case of conflict between the Inclusionary Housing Guidelines and the policies of the LCP, the policies of the LCP shall take precedence over the guidelines. City staff shall evaluate a developer's proposal and issue recommendations to the City Council regarding the proposal's compliance with the City's Housing Element policies, fair housing goals, and Regional Housing Needs Assessment. The City Council will consider such recommendations and may approve or conditionally approve such an alternative only if the City Council determines, based on substantial evidence, that such alternative compliance will provide as many or more inclusionary units at the same or lower income levels or will otherwise provide greater public benefit than would provision of the inclusionary units on-site.
The compliance options in Paragraphs A and B of this Section do not qualify the residential development for a density bonus or other regulatory incentives unless the dedication of land conforms to the provisions of Government Code Section 65915(g).
(ORD-26-0014 §§ 5, 6, 2026; ORD-25-0004 § 6, 2025; ORD-22-0004 § 1, 2022; ORD-21-0006 § 1, 2021)
Source: City of Long Beach, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ca/long_beach/codes/municipal_code?nodeId=TIT21ZO_CH21.67INHO_21.67.080DEALCOOPFetched: 10/28/2026