HomeMy WebLinkAboutAGENDA REPORT 1994 1116 CC REG ITEM 11G1T CA �• •
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AGE NDA RE P ORT
C I TY OF MOORPARK
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Development
Deborah S. Traffenstedt, Senior Planner SST
DATE: October 25, 1994 (CC Meeting of 11 -2 -94)
SUBJECT: CONSIDER ECONOMIC DEVELOPMENT /AFFORDABLE HOUSING
COMMITTEE'S RECOMMENDATIONS PERTAINING TO AN INCLUSIONARY
HOUSING ORDINANCE
BACKGROUND
In October 1993, the City Council directed staff to work with the
Economic Development /Affordable Housing Committee and the City
Attorney to develop a draft inclusionary housing ordinance for new
residential projects in the City and for the Moorpark Redevelopment
Area. Since that time, Staff has contacted other jurisdictions
that have adopted inclusionary housing ordinances, and obtained
copies of such ordinances. Staff has also met with the Economic
Development /Affordable Housing Committee several times to obtain
recommendations regarding a draft ordinance. At the Committee's
September 27, 1994 meeting, staff was directed to provide the City
Council with the Committee's recommendations regarding the primary
components of an inclusionary housing ordinance, and then if the
Council concurs, the City Attorney would then be requested to
prepare a draft ordinance.
DISCUSSION
After receiving preliminary input from the Economic Development/
Affordable Housing Committee, staff reviewed draft ordinances
received from numerous jurisdictions in California, and determined
that the City of Carlsbad's Inclusionary Housing Program and
implementing ordinance appeared to be a close match in regard to
the inclusionary housing requirements for new residential
development. Staff provided the Economic Development /Affordable
Housing Committee with a copy of the Carlsbad Ordinance No. NS -232
(Attachment 1), and the Committee concurred with the use of that
ordinance as the basic framework for development of a City of
Moorpark ordinance. Requirements that the Committee wants to see
incorporated into an inclusionary housing ordinance include the
following:
dst- 10- 25- 94111:51amC: \WP51 \STFRPT \Cell -2.ORD
The Honorable City Council
October 25, 1994
Page 2
That a minimum of 15 percent of all approved residential units
in any master plan, specific plan, or residential subdivision
of seven (7) or more units be restricted to and affordable by
lower - income households (those earning 80 percent or less than
the County median income); and of those units, 40 percent must
be affordable to very low- income households (those earning 50
percent or less than the County median income).
That for residential subdivisions of less than seven units,
payment of an in -lieu fee be allowed as an alternative to
requiring the construction of inclusionary units.
That the in lieu fee would be based on a proportionate share
of one housing unit affordable to a lower - income household.
That the term of affordability for restricted units shall be
not less than ten years for owner- occupied housing and 15
years for rental housing, with the exact term to be specified
in an affordable housing or development agreement; or if an
owner- occupied unit is permitted to be re -sold at a market
price to other than a targeted household, the sale shall
result in the recapture of the City's financial interest in
the units, for use in assisting other eligible households.
Although the above requirements would only allow payment of an in-
lieu fee for residential subdivisions of less than seven units,
staff is suggesting that further consideration be given to
including language in the ordinance to give the City Council the
discretion to allow payment of an in -lieu fee for larger
residential projects, if the end result would be a net affordable
housing benefit.
The proposed inclusionary housing requirements would meet the
affordable housing production requirements of Section 33413(b)(2)
of the Health and Safety Code (i.e., Redevelopment Law) for units
developed in a project area by public or private entities other
than the Redevelopment Agency, and would assist in meeting the
City's current regional fair share affordable housing obligations.
The City's current fair share affordable housing obligations for
very low and lower income households, as stated in the Housing
Element, are that 16.2 percent of new residential units will be
affordable to very low income households, and 18.8 percent will be
affordable to lower income households.
dst- 10- 25- 99111 :52amC: \WP51 \STFRPT \CC1I -2.ORD
The Honorable City Council
October 25, 1994
Page 3
Staff has attached to this report a draft resolution (Attachment 2)
for City Council adoption to initiate the amendment of the Moorpark
Zoning Ordinance (No. 189) and to direct the Planning Commission to
set the matter for study, hearing, and recommendation. Staff's
intent is to have the Economic Development /Affordable Housing
Committee review the draft ordinance, that is to be drafted by the
City Attorney, prior to scheduling a public hearing before the
Planning Commission.
RECOMMENDATION
1. Direct staff to forward the recommendations of the Economic
Development /Affordable Housing Committee and a copy of the
City of Carlsbad Ordinance to the City Attorney for
development of a City of Moorpark Inclusionary Housing
Ordinance.
2. Adopt a resolution initiating the amendment of the Moorpark
Zoning Ordinance (No. 189), pertaining to inclusionary
affordable housing requirements and directing the Planning
Commission to set the matter for study, hearing and
recommendation.
Attachments:
1. City of Carlsbad Ordinance No. NS -232
2. Draft City Council Resolution
dat- 10- 15- 99/ 11 :52amC: \WP5I\STFRPT \CC11 -2.ORD
ATTACHMENT L
ORDINANCE NO. NS -232
1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
3 CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 21.85 TO ESTABLISH REQUIREMENTS FOR THE
4 RESERVATION AND AFFORDABILITY OF HOUSING UNITS
FOR LOWER- INCOME HOUSEHOLDS IN RESIDENTIAL
5 PROJECTS UNDER A CITY WIDE INCLUSIONARY HOUSING
PROGRAM AND THE PAYMENT OF AN IN -LIEU FEE OR
6 . INCLUSIONARY HOUSING IMPACT FEE IN SPECIFIED
7 CIRCUMSTANCES.
APPLICANT: CITY OF CARLSBAD
8 CASE NO: ZCA 91 -6
9 WHEREAS, Government Code Section 65588(b) requires local jurisdictions to
10 revise their Housing Elements every five years; and
11'!
WHEREAS, the City of Carlsbad has revised its Housing Element for the period July
12'
1991 through June 1996; and
13 'I
14 WHEREAS, Government code Section 65584(a) requires localities to address the
15 Regional Share housing needs for persons of all income levels in their Housing Elements;
16 and
17 WHEREAS, the City's Regional Share needs are 2,509 Lower - income units of a
18 projected 6,273 total dwelling units needed over a five year period; and
19
20 II
�i WHEREAS, based upon the needs analysis included within its revised Housing
21 Element, the City of Carlsbad finds that Carlsbad is experiencing a lack of housing
22;
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241
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261
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affordable to lower- income households; and
WHEREAS, the City of Carlsbad's lower- income Fair Share Housing objective
(minimum good faith effort of guaranteed units) is 1125 low- income units; and
WHEREAS, the City's revised Housing Element includes objectives for the provision
of 1400 lower - income units (275 units in excess of the Fair Share requirement), and of
the 1400 lower - income units, the City has committed to producing 350 lower - income
units through City initiated development; and
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WHEREAS, the remaining 1050 lower - income units would have to be provided
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.through some other means; and
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3.1 WHEREAS, due to economic and market conditions, the private market has not
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4 ,Produced in the .past, nor is likely to produce in the future, an adequate amount of
5 housing units affordable to lower income households to meet the remaining balance of
6 ;the City's lower - income Fair Share need (1050 units); and
71 WHEREAS, continued new residential development which does not include nor
8' !
9 ii ontribute toward the lower cost of housing for lower income households will only serve
Ap further aggravate the current affordable housing shortage; and
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i1;I WHEREAS, new residential development which does not include nor contribute
12 i�housing for lower income households creates a need for affordable lower income housing
131 y; reducing the supply of residential land upon which affordable housing could have
141
151 een developed, and increasing population, which creates a demand for typical
ommuni services (stores, cleaners, as stations), which are staffed b lower wage
tY �Y g Y g
16
171{employees, who create a demand for lower income housing; and
18 i� WHEREAS, over the next S years, there is an actual need (Regional Need) for 2509
19 11�lower income units out of a projected 6,273 total dwelling units needed; and
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20 I WHEREAS, new market rate residential development creates a significant portion
21 I f this need; and
221
WHEREAS, the 15%lower- income inclusionaryrequirement represents l OSO lower -
23
24 come units which is less than one -half of the actual (Regional Need) need over the next
25 5 years and therefore bears a reasonable relationship to the need created by new
26 residential development; and
27 WHEREAS, the mandatory Inclusionary Housing Program was identified within the
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;)City's revised Housing Element as the best program available to the City to achieve the
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remaining balance of the City's Fair Share objective for lower - income units; and
2
3 i WHEREAS, the 15% lower - income inclusionary housing requirement will ,ensure
4 ,that the remaining balance of the City's Fair Share objectives (lower - income) can be
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5 . achieved; and
WHEREAS, based upon an assumed rate for projected residential development
7I etween 1991 and 1996, the imposition of 15% low- income inclusionary housing
8
Fequirement on future residential development is necessary to achieve the City's Fair
9 i
Share and Regional Share objectives; and
1011
11 WHEREAS, the 15°x6 lower - income inclusionary housing requirement is necessary
12 to ensure conformance with the Housing Element of the City's General Plan; and will `
13 rotect the health, safety and welfare of its citizens; and
1411 WHEREAS, City staff, in association with an Ad Hoc Committee of master plan and
151 i
-fill residential builders and non -profit builders, prepared an economic study of the
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171'development of affordable housing within the City of Carlsbad; and
1811 WHEREAS, the economic study concludes that while the proposed inclusionary
19 ilhousing requirement, would create an additional economic burden on the private
201 evelopment community, the development of housing affordable to low income
211 ouseholds is achievable through cooperative partnerships between the development
22
non -profit organizations, and the City; and
23
24 Whereas, the City s Housing Element identifies programs to provide technical,
25 ,financial, and standards fleubility incentives to facilitate inclusionary housing
26
27 11...
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The City Council of the City of Carlsbad, California does ordain as follows;
2 SECTION 1: That Title 21 of the Carlsbad Municipal Code is amended by the
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3 addition of Chapter 21.85 to read as follows:
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4 ;1 "Chapter 21.85
6 ;�Sections:
7 21.85.010
f I 21.85.020
8:1 21.85.030
9 II
101
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1311
14I
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15 II
16;1
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19!1
20
21
221
21.85.040
21.85.050
21.85.060
21.85.070
21.85.080
21.85.090
21.85.100
21.85.110
21.85.120
21.85.130
21.85.140
21.85.150
21.85.160
21.85.170
21.85.180
21.85.190
21.85.200
INCLUSIONARY HOUSING
Purpose and Intent.
Definitions.
Applicability of Inclusionary Housing Requirement.
Construction of Required Inclusionary Units.
In -lieu Contributions.
Inclusionary Housing Impact Fee.
Regulations for New Master Plans or Specific Plans (Approved
After the Effective Date of This Ordinance).
Regulations for Existing Master Plans and Specific Plans
(Approved On or Before the Effective Date of This
Ordinance).
Regulations for Residential Subdivisions Not Subject to
Master Plan or Specific Plan.
Regulations for Mobile Home Parks.
Combined Inclusionary Housing Projects.
Affordable Housing Standards.
Incentives to Offset the Cost of Affordable Housing
Development.
Preliminary Project Application .and Review Process.
Inclusion of Affordable Housing Agreement as a Condition of
Development.
Inclusionary Housing Resale Agreement.
Eligibility Requirements.
Management and Monitoring.
Collection of Fees.
Separability of Provisions
231 (a) It is an objective of the City, as established by the Housing Element of the
Ici-ty's General Plan, to ensure that all master planned and specific planned communities
2 4 d all residential subdivisions provide a range of housing opportunities for all
25 dentifiable economic segments of the population, including households of lower and
moderate income. (i) It is also the policy of the City to:
26 (1) Require that a minimum of 15% of all approved residential units in any
aster plan, specific plan, or residential subdivision be restricted to and affordable by
27 ower- income households;
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;) (2) Require that for those developments which provide 10 or more units
1;!affordable to lower- income households, at least 10% of the lower - income units should
have three or more bedrooms; and
2 (3) In specific cases, allow inclusionary requirements to be satisfied through
3 the payment of an in -lieu fee as an alternative to requiring inclusionary units to be
constructed on the ground.
4� (4) Require existing, unbuilt residential subdivisions and subdivision
,proposals with completed applications as of the effective date of this ordinance to pay a
5 ' housing impact fee to satisfy the inclusionary housing requirement.
ij (b) It is the purpose of this Chapter to ensure the implementation of the City
6 ipbjective and policy stated in subsections (a).
7 ; {{ (c) Nothing in this Chapter is intended to create a mandatory duty on behalf
i`of the City or its employees under the Government Tort Claims Act and no cause of action
8 ;against the City or its employees is created by this Chapter that would not arise
,independently of the provisions of this Chapter.
21.85.020. Definitions.
10;1 Whenever the following terms are used in this Chapter, they shall have the
11 i meaning established by this.section:
(1) Affordable housing" means housing for which the allowable housing
12' expenses paid by a qualifying household shall not exceed a specified fraction of the
oss monthly income, adjusted for household size, for the following classes of housing:
13 .1 A. Very low- income, unassisted and assisted (State and/or Federal)
14 ntal and unassisted and assisted (State and/or Federal) for -sale units: 30 percent of the
I;oss monthly income, adjusted for household size, at 50 percent of the County median
15 �Pncome.
B. Low - income, unassisted rental and unassisted for -sale units: 30
16 ;!percent of the gross monthly income, adjusted for household size, at 80 percent of the
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f ty oun median income.
17 C. Low - income, assisted (State and/or Federal) rental units: 30
percent of the gross monthly income, adjusted for household size, at 60 percent of the
18 1,Corty median income.
19 !� D. Low - income, assisted (State and/or Federal) for -sale units: 30
20 Icent of the gross monthly income, adjusted for household size, at 70 percent of the
iou nty median income.
21 1 (2) "Affordable housing agreement" means a legally binding agreement
;between a developer and the City to ensure that the inclusionary requirements of this
22 pter are.-satisfied. The agreement establishes the number of required inclusionary
I'uruts, the unit sizes, location, affordability tenure, terms and conditions of affordability
23 and unit production schedule.
(3) "Allowable housing expense" means the total monthly or annual
24 recurring expenses required of a household to obtain shelter. For a for -sale unit, allowable
25 ,housing expenses include loan principal, loan interest, property and mortgage insurance,
property taxes, home owners association dues and a reasonable allowance for utilities.
26 For a rental unit, allowable housing expenses include rent, a reasonable allowance for
LOM
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(4) "Assisted (State andlor Federal) unit" means a dwelling unit as defined
16 Section S00SS of the California Health and Safety Code.
(5) "Base residential units" means a number of units associated with each
2 master plan, specific plan, plan phase, or individual development within a master or
3 specific plan or residential subdivision from which are calculated the lower- income
Jnclusionary units to be provided in conjunction with that master plan, specific plan,
4 phase or development or residential subdivision.
(6) "Combined inclusionary housing project" means separate residential
5 development sites which are linked by a contractual relationship such that some or all
'!of the inclusionary units which are associated with one development site are produced
6 ,and operated at the alternative development site or sites.
7.
(7) "Conversion" means the change of occupancy of a dwelling unit from
;owner- occupied to rental or vice versa.
8 il (8) "Density bonus (new residential construction)" means a minimum
:density increase of at least twenty-five percent (25°x6) over either the Growth
9 *anagement Control Point of the applicable General Plan designation, as defined in
10 !! Section 21.90.045 of this Title, or the otherwise maximum allowable residential density
as specified by the applicable master plan or specific plan, at the time of application.
11,1 (9) "Existing Master Plan or Specific Plan" means any master plan or
pecific plan approved on or before the effective date of this ordinance.
12I (10) "Financial assistance" means such assistance to include but not be
'ted to the subsidization of fees, infrastructure, land costs, or construction costs, the
13 se of redevelopment set -aside funds or Community Development Block Grant (CDBG)
funds, or the provision of other direct financial aid, such as cash transfer payments or
14 �� ther monetary compensation, by the City of Carlsbad.
15 � (11) "Growth Management Control Point" shall have the same meaning as
hapter 21.90, Section 21.90.045 of this Title.
16 ,J (12) "Incentives" means such regulatory concessions to include but not be
��ted to a density increase, the modification of site development standards or zone code
17 i equirements, approval of mixed use zoning in conjunction with the residential project,
18 !or any other regulatory incentive which would result in an identifiable cost reduction to
;enable the provision of affordable housing for lower- income households.
19!! (13) "Inclusionary housing project" means a new residential development
or conversion of existing residential buildings which has at least fifteen percent (IS%) or
20 *ve percent (5%) of the total units reserved and made affordable to lower - income
ouseholds or moderate- income households, respectively, as required by this Chapter.
21 I (14) "Inclusionary unit" means a dwelling unit that will be offered for rent
22 I r sale exclusively to and which shall be affordable to lower - income households, as
required by this Chapter. I
23 (15) "Income" means any monetary benefits that qualifies as income in
accordance with the criteria and procedures used by the City of Carlsbad Housing and
24 Redevelopment Department for the acceptance of applications and recertification for the i
25 Section 8 Rental Assistance Program, or its successor.
(16) "Low- income household" means those households whose gross income
26 ' more than 50 percent but does not exceed 80 percent of the median income for San
Diego County as determined annually by the U.S. Department of Housing and Urban
27 1r)PU,11nnrnAnt
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(17) "Lower- income household" means low- income and very low- income
1 'households, whose gross income does not exceed 80 percent of the median income for
'San Diego County as determined annually by the U.S. Department of Housing and Urban
2 Development.
3 (18) "Market -rate unit" means a dwelling unit where the rental rate or sales
price is not restricted either by this Chapter or by requirements imposed through other
4 ;local, state, or federal affordable housing programs.
(19) "Net developable acreage (for base residential unit calculations)"
5 ;means the total number of acres of a subject property minus those lands considered to
;be undevelopable, as listed in Section 21.53.230 of this Code.
6'. (20) "New Master Plan or Specific Plan" means any master plan or specific
7'plan approved after the effective date of this ordinance.
iI (2 1) 'Target income level means the income standards for very low, and
8 ;low- income levels within San Diego County as determined annually by the U.S.
;;Department of Housing and Urban Development, and adjusted for family size.
911 (22) "Unassisted unit" means a dwelling unit regarding which no form of
'iassistance has been received from a public body in the production, occupancy and use of
10 i aid dwelling unit.
11 I (23) 'Very low- income household" means a household earning a gross
, Iincome equal to 50 percent or less of the median income for San Diego County as
1211detennined annually by the U.S. Department of Housing and Urban Development.
131 21. 85.030. Applicability of Inclusionary Housing Requirement.
(a) This Chapter shall apply to all residential market rate dwelling units resulting
14 ;from new construction of rental and "for -sale" projects, as well as the conversion of
15 ijaPartments to air -space condominiums within:
(1) New master plans or specific plans (approved after the effective date
16 'of this Ordinance);
!' (2) Existing master plans or specific plans (approved on or before the
171
. .effective date of this Ordinance) with or without development entitlements (i.e., tentative
18 maps, final maps, building permits);
I� (3) Residential subdivisions not located within any master plan or specific
19 I 'Plan area; and
20 l (4) Mobile home developments; and
(5) Tentative maps for the conversion of apartments to air -space
21 condominiums.
(b) Notwithstanding the foregoing, this Chapter shall not apply to the following:
22 (1) Those residential units of a project for which building permits have
Len issued as of the effective date of this Ordinance;
23 (2) Existing residences which are altered, improved, restored, repaired,
expanded or extended, provided that the number of units is not increased, however, this
24 Chapter shall pertain to the subdivision of land for the conversion of apartments to air -
25 ,space condominiums;
(3) The construction of a new residential structure which replaces a
26 residential structure that was destroyed or demolished within two years prior to the
application for a building permit for the new residential structure, provided that the
27 Inumber of residential units is not increased from the number of residential units of the
':previously destroyed or demolished residential structure;
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;I (4) Any residential unit which is accessory as defined in Section 21.04.020
1:bf this Code, the development of which is deemed by the City to be in the public interest;
or
2 (5) Those residential units for which, consistent with this Chapter, an
3 Affordable Housing Agreement has been approved by the City, and a deed restriction
recorded restricting'the units as affordable for households of lower - income or moderate -
4.6come.
5 .I 21.85.040. Construction of Required Inclusionla Units.
•� (a) For the following classes of residential projects or permits, for which the
6 i. pplication is deemed complete on or after the effective date of this Ordinance, the
,7: clusionary housing requirements for lower - income households shall be satisfied through
e construction of new units:
8 (1) Any residential project (i.e.; tentative map, tentative map for the
;ponversion of apartments to airspace condominiums, site development plan, planned unit
9 ildevelopment, redevelopment permit, residential mobile home park permit or conditional
101 e permit) of seven (7) or more dwelling units, for which the application for said project
as deemed complete on or after the effective date of this ordinance. Projects of seven
11 17) or more dwelling units,. that have been approved prior to the effective date of this
rdinance and that require, as a condition of approval, the processing of subsequent site
12 i evelopment plans, shall be subject to the requirements of Chapter 21.85.060 and each
i welling unit will meet the inclusionary requirements by payment of an inclusionary
13 ; ousing impact fee.
14'+ (2) Any residendal tentative map revision, including a tentative map
evision for the conversion of apartments to air -space condominiums, of seven (7) or
15 ore dwelling units, for which the application is deemed complete on or after the
ffective date of this Ordinance.
16 I (3) Any residential tentative map of seven (7) or more dwelling units, for
Iiwhich the tentative map application was deemed complete on or following the effective
17 Date of this ordinance, and is subsequently approved for extension after the effective date
181pf this ordinance.
19 i1 (4) Any residential planned unit development, site development plan,
,conditional use permit, residential mobile home park permit or redevelopment permit for
20 CPeven (7) or more dwelling units, for which the original project application was deemed
mplete on or following the effective date of this ordinance, and is subsequently
211 ' japproved for amendment after the effective date of this Ordinance.
(b) Notwithstanding, any contrary provisions of Sections 21.85.070, 21.85.080,
22 ' 1.85.090, and 21.85.100, at the sole discretion of the final decision making authority
If the City, the City may determine that an alternative to the construction of new
23 inclusionary units is acceptable, which shall be required to be processed through an
Affordable Housing Agreement, consistent with Section 21.85.150 of this Chapter.
24 (c) in determining the number of inclusionary units that are required to be built
25 ursuant to the standards of Section 21.85.070 (New Master /Specific Plans), Section
1.85.080 (Existing Master /Specific Plans), Section 21.85.090 (Residential Subdivisions),
26 and Section 21.85.100 (Mobile Home Parks), fractional units that result from the
formulas contained in these sections may be satisfied by the developer, at the discretion
27 Of the developer, by either of the following alternatives:
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'II' (1) The fractional inclusionary unit shall be treated as a whole inclusionary
I t (i.e.: any resulting fraction shall be rounded up to the next larger integer) and the
2 7 clusionary unit shall be built pursuant to the provisions of these sections, or
(2) The fractional inclusionary unit shall not be included in the number of
3 units otherwise required to be built pursuant to the provisions of these sections, but the
;+developer shall pay to the City, within 90 calendar days of the hearing ,ate granting
4 !.,approval of the requested discretionary permits, an amount of money equal to the fraction
times the average subsidy needed to make affordable to a lower- income household, as
5.4appropriate, one newly- constructed typical attached housing unit, as set forth in Section
! r2 i .85.050 (b) of this Chapter.
7 21.85.050. In -lieu Contributions.
(a) For the following classes of residential projects or permits, for which the
8 : pplication was deemed complete on or after the effective date of this Ordinance, the
Jpclusionary housing requirement for lower - income households may be met by the
9 payment to the City of an in -lieu fee or other in -lieu contributions.
10 i (1) Any residential project (i.e.; tentative map, tentative map for the
onversion of apartments to. air -space condominiums, parcel map, planned unit
11' development, site development plan, conditional use permit, residential mobile home park
Oermit or redevelopment permit) of six (6) dwelling units or less, for which the
12 I�application is deemed complete on or after the effective date of this Ordinance.
II (2) Any residential tentative map or parcel map revision, including a
13 � tentative map revision for the conversion of apartments to air -space condominiums, of six
14 "(6) dwelling units or less, for which the application is deemed complete on or after the
date of this Ordinance.
15 (3) Any residential tentative map or parcel map of six (6) dwelling units
,�ffective p less, for which the map application was deemed complete on or after the effective date
16 f this Ordinance, and is subsequently approved for extension after the effective date of
Ordinance.
17 (4) Any residential planned unit development, site development plan,
18 i,'onditional use permit, residential mobile home park permit or redevelopment permit for
*x. (6) dwelling units or less, for which the application is deemed complete on or after
19 lithe effective date of this Ordinance, and is subsequently approved for amendment after
20 I he effective date of this Ordinance.
(5) Development of 6 (six) or fewer new mobile home pads in a mobile
211 ome park, for which the application is deemed complete on or after the effective date
pf this Ordinance.
22 (b) The in -lieu fee to be paid for each market -rate dwelling unit shall be 15
percent of the subsidy needed to make affordable to a lower- income household one
23 newly-constructed, typical attached - housing unit. This subsidy shall be based upon the
'ty's determination of the average subsidy that would be required to make affordable
24 Itypical, new two- bedroom / one -bath and three- bedroom/two -bath for -sale units and two -
25 [bedroom/one-bath and three- bedroom/two -bath rental units, each with an assumed
affordability tenure of at least 30 years.
26 (c) The dollar amount and method of payment of the in -lieu fees shall be fixed
by a schedule adopted, from time to time, by resolution of the City Council. Said fee
27 rshall be assessed against the market rate units /pads of a development.
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;i (d) All in -lieu fees collected hereunder shall be deposited in a Housing Trust Fund.
1 Said fund shall be administered by the City and shall be used only for the purpose of
`providing funding assistance for the provision of affordable housing and reasonable costs
2 of administration consistent with the policies and programs contained in the Housing
Element of the General Plan.
3 it (e) At the discretion of the City Council, an irrevocable dedication of land or
4 ;other non - monetary contribution of a value not less than the sum of the otherwise
`;required in -lieu fee may be accepted in -lieu of providing the required affordable housing
5 units or in -lieu fees. The valuation of any land offered in -lieu shall be determined by an
appraisal made by an agent mutually agreed upon by the City and the developer. Costs
6 lassociated with the appraisal shall be borne by the developer.
7 �i (f) Where an applicant/developer is authorized to pay a fee in -lieu of development
�1of affordable housing units, approval of qualifying parcel maps, tentative maps, site
8 development plans, planned unit developments, residential mobile home park permits,
.,redevelopment permits or conditional use permits listed in subsection 21.85.050(a) shall
9 ' be conditioned upon 1 requirement to pay the in -lieu fee in an amount established by
'resolution of the City Council in effect at the time of payment.
10!
;I (g) As an alternative to paying required in -lieu fee(s), inclusionary housing
11 ,!requirements may be satisfied either through a combined inclusionary housing project,
;pursuant to Section 21.85.110 of this Chapter or new construction of required
12 �tmclusionary units, pursuant to Section 21.85.040 of this Chapter.
1,311 11 21.85.060. InclustonM Housing Impact Fee.
14!: (a) For the following classes of residential projects, for which the application is
!`deemed complete before the effective date of this Ordinance, the inclusionary housing
15 1,Irequirement for lower- income households may be met by the payment to the City of an
',inclusionary housing impact fee.
16 it (1) Residential projects, of any size, establishing individual lots or dwelling
!`units (i.e.: parcel maps, tentative maps, tentative maps for the conversion of apartments
17 ��to air -space condominiums, site development plans, planned unit developments,
';conditional use permits, residential mobile home park permits, and redevelopment
181 'permits), for which the application was accepted and deemed complete or approved prior
19 ;;to the effective date of this Ordinance.
(2) Single family residential projects, (i.e.: parcel maps and tentative maps)
20 ',of any size, for which all discretionary approvals, except site development plans, were
granted on or before the effective date of this Ordinance and site development plans are
21 ` subsequently required as a condition of the prior approval and are approved after the
22 !-effective date of this Ordinance.
(3) Any residential tentative map or parcel map revision, including a
23 tentative map revision for the conversion of apartments to air -space condominiums, of any
size, for which the application was deemed complete prior to the effective date of this
24 ordinance and is approved on, before or after the effective date of this Ordinance.
25 (4) Any residential tentative map or parcel map for which the application
26 `was deemed complete before the effective date of this Ordinance, which was approved
on, before or after the effective date of this Ordinance, and is subsequently approved for
extension on, before, or after the effective date of this Ordinance.
2711
28
10
illy
II
it (S) Any residential planned unit development, site development plan,
1 ',.conditional use permit, residential mobile home park permit or redevelopment permit, for
which the application was deemed complete before the effective date of this ordinance,
2 ''which was approved on, before, or after the effective date of this Ordinance, and is
3 subsequently approved for amendment on, before, or after the effective date of this
:Ordinance.
4 ' i (b) Those residential projects which were approved on or before the effective date
'of this Ordinance, and for which a condition of approval was to pay inclusionary in -lieu
5. `fees shall instead pay a housing impact fee, in accordance with this Section.
II i (c) The housing impact fee to be paid for each market -rate dwelling unit shall be
6 �I15 percent of the subsidy needed to make affordable to a lower - income household the
7 market -rate rent at a typical existing apartment for a period of 30 years. This subsidy
, Shall be based upon the Cir/s determination of the average subsidy that would be
8 required to make affordable rents for typical one -, two -, three -, and four - bedroom
apartments. The average subsidy shall be weighted for the actual demand for housing,
9 by number of bedrooms, as determined by the applications for lower - income affordable
10 I °using qualified and approved by the City.
(d) The dollar amount of the inclusionary housing impact fee shall be fixed by a
11 (schedule adopted, from time to time, by resolution of the City Council. Said fee shall be
ssessed against the market rate units of a development.
12 (e) The inclusionary housing impact fee shall be paid, as an individual fee, on a
per market -rate dwelling unit basis at the time of building permit issuance, or prior to the
13 j ecordation of final map and/or issuance of certificate of compliance for conversions of
14 'existing apartments to airspace condominiums.
i (f) All housing impact fees collected hereunder shall be deposited in a Housing
151 rust Fund. Said fund shall be administered by the City and shall be used only for the
i urpose of providing funding assistance for the provision of affordable housing and
16 easonable costs of administrati on consistent with the policies and programs contained
17 l the Housing Element of the General Plan.
18 li 21.85.070. ReSulations for New Master Plans or Specific Plans. (Approved after
;the effective date of this Ordinance.)
19 (a) This Chapter requires the following:
(1) Not less than fifteen percent (15 %) of all base residential units in any
20
thew master plan or specific plan shall be set aside for occupancy by and shall be
21, affordable to lower- income households.
(b) For those developments which are required to provide ten or more units
82 l affordable to lower income households, at least ten percent of the lower income units
�ishall have three or more bedrooms.
23 , (c) The inclusionary housing requirement for lower - income households in a new
master plan or new specific plan may not be met by the payment to the City of an in -lieu
24 (fee, other in -lieu contributions or inclusionary housing impact fee, with the exception that
251, ny resulting fractional inclusionary unit may be satisfied through the payment of a fee,
las set forth in Section 21.85.040(c) of this Chapter.
26 (d) All new master plans and specific plans are required by this Chapter to provide
an Inclusionary Housing Plan within the master plan or specific plan document. This
27 Inclusionary Housing Plan will include appropriate text, maps, tables, or figures to
28 establish the basic framework for implementing the requirements of this Chapter. It shall
I
establish, as a minimum, but not be limited to, the following:
1 ' (1) The total number of base residential units of the master plan or specific
plan;
2 * (2) The number of required inclusionary units for lower - income households
3 over the entire master plan or specific plan;
(3) The designated sites for the location of the inclusionary units, including
4 but not limited to any sites for locating off -site inclusionary housing projects or combined
inclusionary housing projects;
5 (4) A phasing schedule for production of inclusionary units; and
(5) A general provision stipulating that an Affordable Housing Agreement
6 hall be made a condition of all future discretionary permits for development within the
7 hall
or Specific Plan area (i.e. tentative maps, parcel maps, planned unit developments
grand site development plans). The provision shall establish that all relevant terms and
8conditions of any Affordable Housing Agreement shall be filed and recorded as a deed
restriction on those individual lots or units of a project which are designated for the
9 location of inclusionary units. The Affordable Housing Agreement shall be consistent with
Section 21.85.150 of this Chapter.
1011 (6) The location and phasing of inclusionary dwelling units may be
11;1odified as a minor amendment to the Master Plan pursuant to Section 21.38.120 of this
;Title.
12 ;f (e) For the purpose of determining the number of required lower- income
1 nclusionary units in new master plans and specific plans, the following standards shall
13 apply:.
14': (1) The number of required lower- income inclusionary units shall be
i obtained by the ,following formula:
1511 Gower- tncome Inclusionary units = 'base" x 0.15.
::1 (f) The base for a new master plan or specific plan is determined by multiplying
16 ;`the net developable acreage of the project site times the growth management control
'�point(s) for the project site's applicable general plan desigriation(s). if in the course of
17'Teviewing a new master plan or specific plan, the final decision making authority of the
18 City determines that the base residential yield of the new master plan or specific plan
cannot be achieved, then the base shall be equal to the maximum number of units
19 :.actually approved by the final decision making authority of the City. if a density bonus
,xis or subsequently becomes awarded, the increased density is not included in the base
20 `when determining the number of required inclusionary units relative to the base project
yield.
21
22 ;� 21. 8-5.080. RegWations for Exdsting Master Plans and Specific Plans. (Approved
on or before the effective date of this Ordinance.)
23 (a) This Chapter requires the following:
(1) Not less than fifteen percent (15%) of all base residential units in any
24 existing master plan or specific plan shall be set aside for occupancy by and shall be
25 affordable to lower - income households.
(b) For those developments which are required to provide ten or more units
26 affordable to lower - income households, at least ten percent of the lower - income units
shall have three or more bedrooms.
27
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12
(c) All existing master plans or specific plans proposed for major amendment,
1 Pursuant to Section 21.38.120 of this Code, shall incorporate. into the amended master
.plan or specific plan document an Inclusionary Housing Plan, consistent with Section
2 .21.85.070 (d) of this Chapter.
i (d) Consistent with Sections 21.85.040 and 21.85.050 of this Chapter, certain
3 classes of projects or permits within an existing master plan or specific plan may satisfy
4 'their inclusionary housing requirement for lower- income households through the payment
Ito the City of an in -lieu fee or other in -lieu contributions.
5 ;; (e) Consistent with Section 21.85.060 of this Chapter, certain classes of projects
!ior permits within an existing master plan or specific plan may satisfy their inclusionary
6 ousing requirement through the payment of an inclusionary housing impact fee.
(f) For the purpose of determining the number of required lower - income
7 i ' clusionary units in an existing master plan or specific plan, the following standards shall
8'apply: !
(1) The number of required lower - income inclusionary units shall be
9 obtained by the following formula:
10!1 1 Lower - Income Inclusionary units = 'base" x 0.15.
ii (g) The base for an existing master plan or existing specific plan shall be equal i
11Ilto the sum of the maximum number of dwelling units permitted under that existing i
aster plan or specific plan for all phases or individual developments within the existing
12 ter plan or specific plan. If a density bonus is or subsequently becomes awarded, the
13 ,�creased density is not included in the base when determining the number of required
clusionary units relative to the base project yield. The base for existing master plan or
specific plan phases and developments shall not be less than the maximum number of
14
iidwelling units permitted for that phase or development in the existing master plan or
15 i�specific plan, except for the following specific development phases of an existing master
or specific plan:
16 i�lan
(1) Where building permits were issued, on or before the effective date
Pf this Ordinance, for the construction of new dwelling units approved in a master plan
17 , br specific plan phase or individual development area, the number of dwelling units
18''approved via said permits shall be subtracted from the base as otherwise determined for
`that phase or individual development.
19!i (2) Where a tentative map or final map (which establishes individual i
20 {mesidential lots or dwelling units) for any phase or individual development area of a i
aster plan or specific plan was either approved, on or before the effective date of this
;Ordinance, or the application for said tentative map was received and deemed complete
21 by.the Planning Department, before the effective date of this ordinance, and the number j
22 ! of approved dwelling units is less than the maximum number of dwelling units permitted
the master plan or specific plan, then the base shall be equal to the number of dwelling
23 its actually approved on the tentative map or final map for that phase or individual
development of the master plan or specific plan.
24 (3) For any phase or individual development area of a master plan or
,specific plan for which a tentative map (which establishes individual residential lots or
25 !dwelling units) has not been deemed complete or approved, before the effective date of
26 'this ordinance, the base shall be equal to the maximum number of dwelling units
permitted under that master plan or specific plan for that phase or individual development
27 Jarea. If in the course of reviewing a phase or individual development area of a master
28 or specific plan, the final decision making authority of the City determines that the
1i
I': 13
I
hiaximum number of dwelling units permitted for a phase or individual development area
1'6f a master plan or specific plan cannot be achieved, then the base shall be equal to the
maximum number of units actually approved by the final decision making authority of the
2 City.
(h) An Affordable Housing Agreement shall be made a condition of all future
3 discretionary permits for development within the master or specific plan area (i.e.
4 'kentative maps, parcel maps, planned unit developments and site development. plans). The
:relevant terms and. conditions of the Affordable Housing Agreement shall be filed and
5 ;!recorded as a deed restriction on those individual lots or units of a "project which are
i4esignated for the. location of inclusionary units. The Affordable Housing Agreement shall
6 �e consistent with Section 21.85.150 of this Chapter.
7i
21.85.090. Regulations for Residential Subdivisions Not Subject to Master Plan
g Ar Specific Plan.
(a) This Chapter requires the following:
9:I (1) Not less than fifteen percent (15°x6) of all base residential units in any
esidential subdivision shall be set aside for occupancy by and shall be affordable to
10! ower- income households.
11 I (b) Consistent with Sections 21.85.040 and 21.85.050 of this Chapter, certain
esidential subdivisions may satisfy their inclusionary housing requirement for lower -
12 lnncome households through the payment to the City of an in -lieu fee or other in -lieu
I ontributions.
131 (c) Consistent with Section 21.85.060 of this Chapter, certain residential
subdivisions may satisfy their inclusionary housing requirement through the payment to
14;1 e City of an inclusionary housing impact fee.
15 1E,
(d) For the purpose of determining the number of required lower - income
clusionary units the following standards shall apply:
16 1I (1) The number of required lower - income inclusionary units shall be
pbtained by the following formula:
17 1 I Lower - Income Inclusionary units = 'base" x 0.15.
; (e) For those developments which are required to provide ten or more units
18 ('affordable to lower- income households, at least ten percent of the lower - income units
19 shall have three or more bedrooms.
20 iI (f) The base for a residential subdivision is determined by multiplying the net
kievelopable acreage of the project site times the growth management control point(s) for
.the project site's applicable general plan designation(s). If in the course of reviewing a
21! residential subdivision project, the final decision making authority of the City determines
22 i , hat the base residential yield of the project site cannot be achieved, then the base shall
2 3 I`be equal to the maximum number of units actually approved by the final decision making
uthoriry of the City. if a density bonus is or subsequently becomes awarded, the
increased density is not included in the base when determining the number of required
24 inclusionary units relative to the base project yield.
251 (g) Where a residential subdivision was either approved on or before the effective
date of this ordinance, or the application for said residential subdivision was received and
26 deemed complete by the Planning Department, before the effective date of this ordinance,
and the number of approved dwelling units is less than the base number of dwelling units
27 achievable, than the base shall be equal to the number of dwelling units actually
28 (,approved on the residential subdivision.
14
j (h) An Affordable Housing Agreement shall be made a condition of the
1 idiscretionary permits for development of the residential subdivision (i.e. tentative maps,
parcel maps, planned unit developments and site development plans). The relevant terms
2 and conditions of the Affordable Housing Agreement shall be filed and recorded as a deed
3 ;restriction on those individual lots or units of a project which are designated for the
,location of inclusionary units. The Affordable Housing Agreement shall be consistent
4 'with Section 21.85.150 of this Chapter.
5,! 21.85.100. Regulations for Mobile Home Parks.
(a) This Chapter requires the following:
6 ,' (1) Not less than fifteen percent (15°x6) of all base mobile home coaches
7 and/or pads in any mobile home park shall be set aside for occupancy by and shall be
iWordable to lower - income households.
8 H (b) The development of (6) six or fewer new mobile home pads in a mobile home
park may meet their inclusionary housing requirement for lower - income households by
9 !;the payment to the City of an in -lieu fee or other in -lieu contributions, consistent with
10 I;Sections 21.85.040 and 21.85.050 of this Chapter.
I (c) For the purpose of determining the number of required lower - income
11 inclusionary units the following standards shall apply:
(1) The number of required lower - income inclusionary units shall be
12 obtained by the following formula:
Lower- Income Inclusionary units = "base" x 0.15.
13 (d) For those developments which are required to provide ten or more units
14 ' affordable to lower- income households, at least ten percent of the lower- income units
l '§hall have three or more bedrooms.
15 II _ (e) The base for a mobile home development is determined by multiplying the net
evelopable acreage of the project site times the growth management control point(s) for
16 ikhe project site's applicable general plan designation(s). If in the course of reviewing a
home project, the final decision making authority of the City determines that the
17 robile
se residential yield of the project site cannot be achieved, then the base shall be equal
18 i, o the maximum number of units actually approved by the final decision making authority
of the City. If a density bonus is or subsequently becomes awarded, the increased density
191s not included in the base when determining the number of required inclusionary units
20 Ixelative to the base project yield.
(f) An Affordable Housing Agreement shall be made a condition of the
;I
discretionary permits for development of the mobile home park (i.e. tentative maps,
21:1 residential mobile home park permits, or conditional use permits). The relevant terms and
22 conditions of the Affordable Housing Agreement shall be filed and recorded as a deed
estriction on those individual pads or units of a project which are designated for the
23 1 ocation of inclusionary units. The Affordable Housing Agreement shall be consistent with
24 11Section 21.85.150 of this Chapter.
25 21 85 110 Combined inclusion= Housing Projects,
Circumstances may arise from time to time in which the public interest would be
28 iserved by allowing some or all of the inclusionary units associated with one residential
,project site to be produced and operated at an alternative site or sites. Where the parties
27 !in interest to the sites and the City form an agreement to such an effect, the resulting
28 Illinked project sites shall be considered to be a single combined inclusionary housing
15
:�rcject. It is the exclusive prerogative of the final decision making authority of the City
1 ' o determine whether or not it is in the public interest to authorize the residential sites
'to form a combined inclusionary housing project.
2 J All agreements between parties to form a combined inclusionary housing project
3 :shall be made a part of the Housing Agreement (Section 21.85. 150 of this Code) required
lor the sites.
4'.1
il
21.85.120. Affordable Housing, Standards.
5;! (a) Notwithstanding a developer's request to process a residential project under
apter 21.86 (Residential Density Bonus) of this Code, all residential projects are subject
6 i`to and must satisfy the inclusionary housing requirements of this Chapter.
7 �, (b) The required inclusionary units shall be constructed concurrent with market
itrate units unless both the final decision making authority of the City and developer agree
8 ;within the Affordable Housing Agreement to an alternative schedule for development.
(c) Inclusionary rental units shall remain restricted and affordable to the
9 �O esignated income group for the useful life of the project or housing unit, assuming good
10 faith efforts to maintain the project or housing unit and rehabilitate it as necessary.
1 (d) After the initial sale of the inclusionary for -sale units to the designated income
11 group, inclusionary for -sale units shall remain affordable for their useful life; or if
ubsequently sold at a market price to other than targeted households, the sale shall
12 Iresult in the recapture of the City's financial interest in the units, for use in assisting other
rligible households.
13 (e) Inclusionary units should be built on -site and whenever reasonably possible,
14 ;be distributed throughout the project site.
(f) In certain cases where a combined inclusionary housing project is proposed,
15 the inclusionary units may be provided on a site separate from the site of the market -rate
!!units. Construction of the inclusionary units is, limited to sites within the same City
16 quadrant in which the market -rate units are located or sites which are contiguous to the
�1ua-drant in which the market rate units are proposed. Where the required inclusionary
17 units are located within a master or specific plan area, the fist priority for location of the
18 alternative site is within the same master or specific plan, followed by the same Local
J Facilities Management Zone. In the event that a Local Facilities Management Zone
19 !crosses City quadrants, the required inclusionary units shall be located within the same
20 f ity quadrant in which the market -rate units are located.
(g) Inclusionary units restricted for lower- income households should be located
21 . `on sites that are in proximity to or will provide access to employment opportunities,
Ilurban services, or major roads or other transportation and commuter rail facilities O.e.
22 freeways, bus lines) and that are compatible with adjacent land uses.
(h) With the approval of the final decision making authority of the City, the
23 developer /applicant may reduce both the size and amenities of the inclusionary units
provided that all units conform to the requirements of the applicable building and housing
2 4 codes. The design of the inclusionary units shall be reasonably consistent or compatible
25 with the design of the total project development in terms of appearance, materials and
finished quality.
26 (i) Inclusionary projects shall provide a mix of affordable dwelling units (by
number of bedrooms) in response to affordable housing demand priorities of the City,
27 whenever feasible.
28 1
16
I
5
;j
(j) No building permit shall be issued, nor any development approval granted for
1 'a development which does not meet the requirements of this chapter. No inclusionary
2 unit shall be rented or sold except in accordance with this chapter.
;
3 21.85.130. Incentives to Offset the Cost of Affordable Housing Development.
ii The inclusionary housing regulations established by this Chapter are a portion of
4 the requirements which must be met by parties wishing City approvals for the
'construction of residential developments in the City of Carlsbad. The City shall in good
51aith consider making available to the development industry incentives or financial
`assistance to enable residential projects to provide affordable housing to lower - income
6 jiouseholds. Incentives or financial assistance will be offered by the City to the extent
7 that resources for this purpose are available to the City and approved for such use by the
!City Council,. and to the extent that the residential projects, with the use of incentives or
8 ! Rnancial assistance, assists in achieving the City's housing goals. To the degree that the
;City makes available programs to provide incentives or financial assistance to the
9 !'.development industry, developers may make application for such incentives or assistance.
However, nothing in this Chapter establishes, directly or through implication, a right for
10 �la developer to receive any assistance or incentive from the City or any other party or
11 !iagency to enable him/her to meet the obligations established by this Chapter. Projects
are entitled to density bonuses and/or other incentives in accordance with provisions of
12; tate law, pursuant to the provisions of Chapter 21.86. of this code. Any incentives
13 l rovided by the final decision making authority of the City and the allowable housing
expenses established by the final decision making authority of the City shall be set out
14 ,within the Affordable Housing Agreement pursuant to Section 21.85.150. Furthermore,
�Idevelopers are encouraged to utilize local, state or federal assistance, when available, to
15 Mieet the affordability standards set forth in Section 21.85..020 (1).
16: 21.85.140. Preliminary Project Application and Review Process.
il (a) An applicant/developer proposing an inclusionary housing project, shall submit
17 111a preliminary application to the Planning Director prior to the submittal of any formal
18 applications for such housing development. The preliminary application shall include the
following information:
19 !; (1) A brief description of the proposal including the number of
201 inclusionary units proposed;
(2) The Zoning, General Plan designations and assessors parcel
21 numbers) of the project site;
q (3) A site plan, drawn to scale, which includes: building footprints,
22 lidriveway and parking layout, building elevations, existing contours and proposed grading;
23 I (4) A letter identifying what specific incentives (i.e.; standards
modifications, density bonus or fee subsidies) are being requested of the City. Justification
24 Ifor each incentive request should also be included.
(b) Within thirty days of receipt of the preliminary application by the Planning
25 Director for projects not requesting incentives or financial assistance, or ninety days for
26 projects requesting incentives or financial incentives, the department shall provide to an
applicant/developer, a letter which identifies project issues of concern, the incentives
27 land/or financial assistance that the Planning Director can support when making a
28, !recommendation to the final decision- making authority, and the procedures for
17
lcompliance with this Chapter. The applicant shall also be provided with a copy of this
1'�hapter and related policies, the pertinent sections of the California Codes to which
deference is made in this Chapter and all required application forms.
2 :;
3
21.85.150_. Inclusion of Affordable Housing Atreement as a Condition of
eve
r loQment.
4 i . (a) Applicants /developers, subject to this Chapter, shall demonstrate compliance
';with this Chapter by the preparation and approval of an Affordable Housing Agreement.
5 1A draft Affordable Housing Agreement shall be submitted by the applicant. to the City.
'The terms of the draft Agreement shall be reviewed by the Planning Director and Director
6
f Housing and Redevelopment, who shall formulate a recommendation and refer the
7 I aster to the Community Development Director or his designee for final approval.
ollowing the approval and the signing by all parties the completed Affordable Housing
8 IlAgreement shall be recorded, and the relevant terms and conditions therefrom filed and
!recorded as a deed restriction on those individual lots or units of a property which are
9 designated for the location of affordable unit. The approval and recordation shall take
10 i , lace prior to final map approval or, where a map is not being processed, prior to the
ssuance of building permits, for such lots or units. The Affordable Housing Agreement
11 shall be binding to all future owners and successors in interest.
(b) An Affordable Housing Agreement, for which the inclusionary housing
12 equirement will be satisfied through new construction of inclusionary units, either on-
13' site, off -site or through a combined inclusionary housing project, shall establish, but not
limited to, the following-
14 it (1) The number of inclusionary dwelling units proposed;
(2) The unit size(s) (square footage) of the inclusionary units and the
15 number of bedrooms per inclusionary dwelling unit;
(3) The proposed location of the inclusionary units;
161 (4) Tenure of affordability for inclusionary units (30 year minimum);
(5) Schedule for production of dwelling units;
17 Ii (6) Incentives* and/or financial assistance provided by the City;
1811 (7) Where applicable, terms and conditions establishing rules and
for qualifying tenants, setting rental rates, filling vacancies, and operating and
19 ,rocedures aintaining units for affordable inclusionary dwelling units;
(8) Where applicable, terms and conditions governing the initial sale of for -
20 I inclusionary units; and
211' (9) Standards modifications granted by the City.
(c) An Affordable Housing Agreement, for which the inclusionary housing
22 �� equirement will be satisfied through payment to the City of any in -lieu contributions
other than fee monies (i.e. land dedication) shall be required to include the following:
23 (1) The method, schedule and value of total in -lieu contributions; and
(2) A determination of otherwise required per market -rate dwelling unit
24 in -lieu fees as established by the schedule in effect at the time of payment.
(d) An Affordable Housing Agreement will not be required for projects which will
25 be satisfying their inclusionary housing requirement through payment to the City of an
26 I in -lieu fee or inclusionary housing impact fee.
2711...
28
18
�i 21.85.160. Inclusionary Housing Resale Agreement.
1 All buyers of for -sale inclusionary units shall enter into an Inclusionary Housing
2 ; Resale Agreement with the City's housing Authority prior to purchasing the unit or
property. The Resale Agreement shall specify that the title to the subject unit or property
3 may not be transferred without prior approval of the Citys Housing Authority.
4.1 21.85.170. Eligibility Requirements.
Only households meeting the standards for designated lower income groups as
5 defined in Section 21.85.020 shall be eligible to occupy inclusionary units.
6 ,� 21.85.180. Management and Monitoring.
7 (a) Inclusionary rental units shall be managed/operated by the owner of the units
!1 or his or.her agent. Each owner of inclusionary rental units shall submit an annual report
8 to the City, at the end of the previous calendar year, identifying which units are
inclusionary units, the monthly rent, vacancy information for each inclusionary rental unit
9 for the prior year, monthly income for tenants of each inclusionary rental unit throughout
10 it the prior year, and other information as required by the City, while ensuring the privacy
of the tenant.
11 II
21.85.190. Collection of fees.
12 I� All fees collected under this Chapter shall be deposited into a Housing Trust Fund
131 and shall be expended only for the affordable housing needs of lower- income households,
and reasonable costs of administration consistent with the purpose of this Chapter.
14 it
21.85.200. Separability of Provisions.
1511 If any provision of this chapter or the application thereof to any person or
circumstances is held invalid, the remainder of the chapter and the application of the
16 provision to other persons not similarly situated or to other circumstances shall not be
I p p y
17 �i affected thereby.
18 !; EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption,
19 �� and the City Clerk shall certify to the adoption of this ordinance and cause it to be
2011
1 published at least once in the Carlsbad Sun within fifteen days after its adoption.
21 i
22 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
I
231 on the 13th day of April , 1993, and thereafter.
241 ..
2511
2611
27 !i 19
2811
i
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 20th day of APRIL . 19 93 , by the following vote, to wit:
2!1
.1
3i
AYES: Council Members Lewis, Stanton, Kulchin'
I
4;1 NOES: None
5 ! ABSENT: Council Members Nygaard, Finnila
I'
6,APPROVED AS TO FORM AND LEGALITY
VA
U wl=� Mv ��
9 ONALD R. BALL, City Attorney
10 I .S%• Z2. 9 3 .
12 ATTEST:
14i THA L. RAUTENKRANZ, City Clerk
15,
1
161
17,
18
19
20
21
22
23
241
25
26
27
28
20
ATTACHMENT 2
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, INITIATING THE
AMENDMENT OF ORDINANCE NO 189, THE MOORPARK
ZONING ORDINANCE, PERTAINING TO INCLUSIONARY
AFFORDABLE HOUSING REQUIREMENTS, AND DIRECTING
THE PLANNING COMMISSION TO SET THE MATTER FOR
STUDY, HEARING AND RECOMMENDATION
WHEREAS, the City's recently updated General Plan Land Use
Element requires a study to be conducted of the feasibility of
adopting an inclusionary zoning ordinance to require that a
percentage of new, private residential development be made
affordable; and
WHEREAS, the City Council after review of a staff report and
supporting data has determined that inclusionary zoning
requirements for the provision of affordable housing would assist
the City in providing its fair share of regional housing need and
to meet the housing production requirements of the Health and
Safety Code for the Redevelopment Area;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby initiate
consideration of amendments to revise the Moorpark Zoning
Ordinance.
SECTION 2. The Planning Commission is hereby directed to
study, set a public hearing, and provide a recommendation to the
City Council pertaining to amendment of the Moorpark Zoning
Ordinance to incorporate inclusionary affordable housing
requirements for new residential development.
SECTION 3. The City Clerk shall certify to the passage and
adoption of this resolution, and shall forward a certified copy to
the Planning Commission.
PASSED, APPROVED, AND ADOPTED THIS DAY OF
1994.
Mayor of the City of Moorpark
ATTEST:
Lillian E. Hare
City Clerk