HomeMy WebLinkAbout1995-12-19; City Council; Resolution 95-361Y- o e
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1 RESOLUTION NO. 95-361
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
ALL SIX SEGMENTS OF THE CARLSBAD LOCAL COASTAL
PROGRAM TO ADD AFFORDABLE HOUSING POLICIES
DEALING WITH INCLUSIONARY HOUSING, DENSITY
BONUSES, SECOND DWELLING UNITS AND SENIOR HOUSING
AND ADOPT PREVIOUSLY APPROVED COMPANION
AFFORDABLE HOUSING ZONE CODE AMENDMENTS
IMPLEMENTING CARLSBAD'S LOCAL COASTAL PROGRAM.
CASE NAME: AFFORDABLE HOUSING I1 LOCAL COASTAL
PROGRAM AMENDMENT
CASE NO: LCPA 95-01
WHEREAS, California State Law requires that the Local Coastal Pr
General Plan, and Zoning designations for properties in the Coastal Zone
'I 2 conformance;
'I 3 WHEREAS, a verified application for an amendment to the Local (
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1995, attached to Planning Commission Resolution No. 3773 and incorporated by re: 'I5
Program, as shown on Exhibits "LCPA 95-01-1" and "LCPA 95-01-2", dated Oct,
'I6 11 on file with the City Clerk; and
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I 8 WHEREAS, said verified application constitutes a request for 2
1 9 Coastal Program Amendment, as provided in Public Resources Code Section 302
20 Article 15 of Chapter 8, Subchapter 2, Division 5.5, Title 14 of the California (
21 Regulations (California Coastal Commission Administrative Regulations); and
22 WHEREAS, the City Council did on the 19th day of DECEMBER
2' 11 hold a duly noticed public hearing as prescribed by law to consider the proposec
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Ij Coastal Program Amendment shown on Exhibits "LCPA 95-01-1" and "LCPA 9:
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:26 dated October 4, 1995, attached hereto; and,
:27 WHEREAS, at said public hearing, upon hearing and considel
:28 testimony and arguments, if any, of all persons desiring to be heard, the City ( I
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considered all factors relating to the Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines require a six week public
period for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council oft
of Carlsbad as follows:
A. That the foregoing recitations are true and correct.
B. At the end of the State mandated six week review period,
June 8, 1995, and ending on July 21, 1995, no public commen
been received.
C. That based on the evidence presented at the public heari:
Council APPROVES LCPA 95-01, as shown on Exhibits "LC
01-1" and "LCPA 95-01-2", dated October 4, 1995, attac
Planning Commission Resolutions No. 3773 and made a part
based on the following findings:
Findings:
1. The proposed Local Coastal Program Amendment is consistent with all apy
policies of the City of Carlsbad Local Coastal Program in that any affc
housing within the Coastal Zone processed pursuant to these new affc
housing-policies and amended regulations, shall be required to be consiste
all applicable LCP development standards, policies and provisions.
2, That the proposed amendment is required to maintain consistency betwt
City's General Plan, zoning code and Local Coastal Program.
3. The Planning Director has found that, the environmental effects of this proje
already been considered in conjunction with previously certified environ
documents (Negative Declarations) and, therefore, a Notice of Prior Com
has been issued on August 23, 1995.
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PASSED, APPROVED AND ADOPTED at a regular meeting of t
Council of the City of Carlsbad, California, on the 19th day of DECEMBER
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Hall
NOES: None
ABSENT: Council Member Nygaard
ABSTAIN: None
AWEST:
=YLgGp THA '. duT 2, City Clerk
KAREN R. KLTNGTZ, A stant City Clerk
(SZAL)
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i PLANNING COMMISSION RESOLUTION NO. 3773
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A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDINGAPPROVALOFANAMENDMENTTO
ALL SIX SEGMENTS OF THE CARLSBAD LOCAL
COASTALPROGRAMTOADDAFFORDABLEHOUSING
POLICIES DEALING WITH INCLUSIONARY HOUSING,
DENSITY BONUSES, SECOND DWELLING UNITS AND
SENIOR HOUSING AND ADOPT PREVIOUSLY
APPROVED COMPANION AFFORDABLE HOUSING
ZONE CODE AMENDMENTS IMPLEMENTING
CARLSBAD'S LOCAL COASTAL PROGRAM.
CASE NAME AFFORDABLE HOUSING I1 LOCAL
CASE NO: LCPA 95-01
WHEREAS, California State law requires that the Local Coast
General Plan, and Zoning designations for properties in the Coastal 1
conformance;
COASTAL PROGRAM AMENDMENT
WHEREAS, a verified application for an amendment to the b
Program, as shown on Exhibits "LCPA 95-01-1" and "LCPA 95-01-2", dated Octc
attached and incorporated herein, has been filed with the Planning Commissi,
WHEREAS, said verified application constitutes a request for a L
Program Amendment, as provided in Public Resources Code Section 30574 an
of Chapter 8, Subchapter 2, Division 5.5, Title 14 of the California Code of
(California Coastal Commission Administrative Regulations); and
WHEREAS, the Planning Commission did on the 4th day of O(
hold a duly noticed public hearing as prescribed by law to consider the pro
Coastal Program Amendment shown on Exhibits "LCPA 95-01-1" and "LCPA 95
October 4, 1995, attached hereto, and;
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WHEREAS, at said public hearing, upon hearing and considering l
and arguments, if any, of all persons desiring to be heard, said Commission cc
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factors relating to the Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines require a six week public re
for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by tl
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, startinl
1995, and ending on July 21, 1995, no public comments have bec
C) That based on the evidence presented at the public hearing, the (
recommends APPROVAL of LCPA 95-01, as shown on Exhibits “I
1” and “LCPA 95-01-2”, dated October 4, 1995, attached hereto
part hereof based on the following findings:
Findinm:
1. The proposed Local Coastal Program Amendment is consistent with a]
policies of the City of Carlsbad Local Coastal Program in that any afford:
within the Coastal Zone processed pursuant to these new affordable hou.
and amended regulations, shall be required to be consistent with all app.
development standards, policies and provisions.
2. That the proposed amendment is required to maintain consistency betwet
General Plan, zoning @e and Local Coastal Program.
3. The Planning Director has found that, the environmental effects of this 1
already been considered in conjunction with previously certified en1
documents (Negative Declarations) and, therefore, a Notice of Prior Con
been issued on August 23, 1995. ...
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~ PC RES0 NO. 3773 -2- I I
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I ’ I1 PASSED, APPROVED, AND ADOPTED at a regular meel
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Planning Commission of the City of Carlsbad, held on the 4th day of October, 1
following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Em
Noble and Savary.
NOES: None
ABSENT: Commissioner Monroy
ABSTAIN: None
CARLSBAD PLANNING CO1
ATTEST: .
MICHAEL J. H~LZMI~LER
Planning Director
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~ PC RES0 NO. 3773 -3-
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@ EXHIBIT "LCPA 95-0
OCTOBER 4,1
LCP POLICIES
This exhibit includes the proposed affordable housing policy text additions (in red
format) for each of the City's six Local Coastal Program segments.(i.e., Mello I, Mella
Agua Hedionda Land Use Plan, Village Redevelopment Area, East Batiquitos LagoonM:
Properties and West Batiquitos Lagoon/Sammis Properties).
MELLO I
2. STANDARD PACIFIC
Policy 1 - Maximum Density of Development
The Standard Pacific property shall be designated for a medium density residen
development with a maximum density of 7 dwelling units per gross acre (See Exhibit 2
The property shall be developed using the City's RD-M (Residential-Multiple Zone) or
(Planned Community) in effect at the date of certification. An overlay zone shall
established incorporating the Coastal Act requirements contained herein (See Exhibit
All permitted uses in the underlying zone shall be conditional uses in the overlay zo
Divisions of land and other developments as defined in the Coastal Act shall be in accc
with the requirements of the Policies contained herein. Poinsettia Lane shall be extenc
only as generally shown on the PRC Toups land use map (See Exhibit 2.1) to the east1
boundary of the a. The location of Poinsettia Lane is in no way determined by this LC
Coastal Program (LCP), however, this LCP is not intended to preclude access to agricultt
areas to the east.
EXHIBIT "LCPA 95-01@
OCTOBER 4, 1995
PAGE 2 .
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3. OCCIDENTAL LAND, INC.
d. If, by December 1, 1980, the landowners of the Occidental parcels record
irrevocable offer to dedicate an agricultural conservation easement or a sirr
instrument providing for certain protection of agricultural land, over the 57 acre
22 acre parcels north of Poinsettia Lane, development may be allowed on the
acres of Class I11 soils (See Exhibit 4.2) located immediately east of Paseo del Nc
and at the 28 acres of soil below Class IV in the same parcel of up to 7 units
acre. Said conservation easement or similar instrument shall be free of all prior 1
and encumbrances, shall be executed in favor of the People of the State of Califor
and shall bind the landowners and successors in interest. Said easement may incl
a term which states that the Commission may modify the easement at its L
discretion if the Commission determines that such modification would be essen
to implement the remainder of the Carlsbad LCP.
4. RANCHO LA COSTA
POLICY 1 " LAND USES
EXHIBIT “LcPA 95-ola
OCTOBER 4, 1995 e
EXHIBIT "LCPA 95-0 ie
OCTOBER 4, 1995
PAGE 4
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- 1.10 - The 45 acre parcel owned by SDG&E located on the south shore immediately
of the freeway shall be designated TS, Travel Services. Conversion of the propeq
commercial development shall be subject to a future specific plan and the applicable polic
relating to agricultural conversion. A future specific plan will be required by the city
development of the property.
EXHIBIT "LCPA 95-01- e
OCTOBER 4, 1995
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Lot Coverage
All buildings, including accessory buildings and structures, and all parking areas
driveways, should not cover more than eighty percent (80%) of the net lot area.
EXHIBIT "LCPA 95-01-1.
OCTOBER 4, 1995 a
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LCPA9"
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Exhibit "LCPA 954
October 4, 14
Exhibit "LCPA 9501-2" includes the affordable housing ordinances (i.e., Inclusio,
Housing, Density Bonus, Affordable Housing Site Development Plan Procedures) w
will function as the implementing zoning for all six segments of the City's Local Co:
Program.
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0 0 Exhbit “LcpA 95 October 4 3
ORDINANCE NO. NS-232
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 21.85 TO ESTABLISH REQUIREMENTS FOR THE
RESERVATION AND AFFORDABIUTY OF HOUSING UNITS
FOR LOWER-INCOME HOUSEHOLDS IN RESIDENTIAL
PROJECTS UNDER A CITY WIDE INCLUSIONARY HOUSING
PROGRAM AND THE PAYMENT OF AN IN-LIEU FEE OR
INCLUSIONARY HOUSING IMPACT FEE IN SPECIFIED
CIRCUMSTANCES.
APPLICANT: CrrY OF CARLSBAD
CASE NO: ZCA 91-6
WHEREAS, Government Code Section 65588(b) requires local jurisdic
revise their Housing Elements every five years; and
WHEREAS, the City of Carlsbad has revised its Housing Element for the pel
1991 through June 1996; and
WHEREAS, Government code Section 65584(a) requires localities to adc
Regional Share housing needs for persons of all income levels in their Housing E
and
WHEREAS, the Ciys Regional Share needs are 2,509 Lower-income UI
projected 6,273 total dwelling units needed over a five year period; and
WHEREAS, based upon the needs analysis included within its revised :
Element, the City of Carlsbad hds that Carkbad is experiencing a lack of
affordable to lower-income households; and
WHEREAS, the City of Carkbad‘s lower-income Fair Share Housing (
(minimum good faith effort of guaranteed units) is 1125 low-income units; ant
WHEREAS, the Civs revised Housing Element includes objectives for the p
of 1400 lower-income units (275 units in excess of the Fair Share requirement]
the 1400 lower-income units, the City has committed to producing 350 lowel
units through City initiated development; and
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WHEREAS, the remaining 1050 lower-income units would have to be prc 1
2 through some other means; and
31 WHEREAS, due to economic and market conditions, the private market h
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the City's lower-income Fair Share need (1050 units); and ' housing units affordable to lower income households to meet the remaining balz 5
produced in the past, nor is likely to produce in the future, an adequate am0
WHEREAS, continued new residential development which does not inclu
contribute toward the lower cost of housing for lower income households will onl
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to further aggravate the current affordable housing shortage; and
WHEREAS, new residential development which does not include nor con
12 housing for lower income households creates a need for affordable lower income 1
13 by: reducing the supply of residential land upon which affordable housing cod
I* ibeen developed, and increasing population, which creates a demand for
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l6 b, ' ommunity services (stores, dry cleaners, gas stations), which are staffed by lowe
17 ployees, who create a demand for lower income housing; and
l8 I WHEREAS, over the next 5 years, there is an actual need (Regional Need) fc
19 ower income units out of a projected 6,273 total dwelling units needed; and
2o 1 WHEREAS, new market rate residential development creates a significant
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WHEREAS, the 15%lower-income inclusionaryrequirement represents ICE(
' come units which is less than one-half of the actual (Regional Need) need over 1
5 years and therefore bears a reasonable relationship to the need created ' ;: jl 26 residential development; and
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28 I WHEREAS, the mandatory tnclusionary Housing Program was identified wi
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'ty's revised Housing Elemem as the best program available to the City to achic
1 emaining balance of the City's Fair Share objective for lower-income units; and
WHEREAS, the 15% lower-income inclusionary housing requirement will
t the remaining balance of the City's Fair Share objectives (lower-income)
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6 1 WEREAS, based upon an assumed rate for projected residential develc
7 eween 1991 and 1996, the imposition of 15% low-income inclusionary k
equirement on future residential development is necessary to achieve the citl 81
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10 iphaxe and Regional Share objectives; and
WHEREAS, the 15% lower-income inclusionary housing requirement is ne
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o ensure conformance with the Housing Element of the City's General Plan; a:
rotect the health, safety and welfare of its citizens; and
14 1 WHEREAS, city staff, in association with an ~d HX Committee of master PI I
l5 1F-fil.l residential builders and non-profit builders, prepared an economic study
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evelopment of affordable housing within the City of Carlsbad; and
18 I WHEREAS, the economic study concludes that while the proposed inclu
I' 19 $ousing requirement, would create an additional economic burden on the
20 ibevelopment community, the development of housing affordable to low :
21 (households is achievable through cooperative partnerships between the deveic
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ommunity, non-profit organizations, and the City; and
whereas, the Citfs Housing Element identifies pro- to provide tec
24 ifhncial, and standards flexibility incentives to facilitate .inclusionary 1)
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/I The City Council of the City of Carlsbad, California does ordain as follows: 1
2 ll ~ECI'ICNJ 1: That Title 21 of the CarLsbad Municipal Code is amended t
3 1 ;Addition of Chapter 21.85 to read as follows:
4 "Chapter 21.85
51 INCLUSIONARY HOUSING
6 ' ections: 75 21.85.010
21.85.020
21.85.030
21.85.040 9 21.85.050
21.85.060
21.85.070
8/ 4 '' 11 21.85.080
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l3 I( 21.85.090
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21.85.100
21.85.110
21.85.120
21.85.130
17 11 21.85.140
18 11 21.85.150
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19 1 21.85.160 21.85.170 20 1 - 21.85.180
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21.85.190
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 (APE
After the Effective Date of This Ordinance).
Regulations for Existing Master Plans and Specific
(Approved On or Before the Effective Date of
Ordinance).
Regulations for Residential Subdivisions Not Subj
Master Plan or Specific Plan.
Regulations for Mobile Home Parks.
Combined Inclusionary Housing Projects.
Affordable Housing Standards.
Incentives to Offset the Cost of Affordable Hc
Development.
Preliminary Project Application and Review Process.
Inclusion of Affordable Housing Agreement. as a Condil
Development.
Inclusionaxy Housing Resale Agreement.
Eligibility Requirements.
Management and Monitoring.
Collection of Fees.
Separability of Provisions
22 j I 85.010. purpoSe and Intent. 23 (a) It is an objective of the City, as established by the Housing Element
'ty's General Plan, to ensure that all master planned and specific planned cornml
d all residential subdivisions provide a range of housing opportunities f
'dentiflable economic segments of the population, including households of low(
i oderate income. (i) It is also the policy of the City to:
(1) Require that a minimum of 15% of all approved residential units
ter plan, specific plan, or residential subdivision be restricted to and afforda
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27 ' ower-income households; I
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(2) Require that for those developments which provide 10 or mor I 1 affordable to lower-income households, at least 10% of the lower-income units !have three or more bedrooms; and
(3) In specific cases, allow inclusionary requirements to be satisfied t !sthe payment of an in-lieu fee as an alternative to requiring inclusionary unit:
3 i/consrmcted on the ground.
4 1 roposals with completed applications as of the effective date of this ordinance t
(b) It is the purpose! of this Chapter to ensure the implementation of t!
(c) Nothing in this Chapter is intended to create a mandatory duty on
f the City or its employees under the Government Tort Claims Act and no cause 0:
8 gainst the City or its employees is created by this Chapter that would nc
dependently of the provisions of this Chapter.
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(4) Require existing, unbuilt residential subdivisions and sub
51 ousing impact fee to satisfy the inclusionary housing requirement. ' 1 bjective and policy stated in subsections (a). .&
9 'r 10 21.85.020. Definitions. whenever the following terms are used in this Chapter, they shall h
11 eaning established by this section:
(1) "Affordable housing" means housing for which the allowable k
12 1 xpenses paid by a qualifying household, shall not exceed a specified fraction
oss monthly income, adjusted for household size, for the following classes of h(
k Very low-income, unassisted and assisted (State and/or F
ental and unassisted and assisted (State and/or Federal) for-sale units: 30 percen
l4 !Loss monthly income, adjusted for household size, at 50 percent of the County '
B. Low-income, unassisted rental and unassisted for-sale un
16 ipercent of the gross monthly income, adjusted for household size, at 80 percenl
17 Ipmty median income.
C. Low-income, assisted (State and/or Federal) rental uni
18 /P l ercent of the gross monthly income, adjusted for household size, at 60 percen!
i&ounty median income.
1: ercent of the gross monthly income, adjusted for household size, at 70 percenr
(2) "Affordable housing agreement" means a legally binding am
21 'between a Moper and the City to ensure that the inclusionary requirements (I 22 ;:Chapter are satisfied. The agreement establishes the number of required inch
/!hits, the unit sizes, location, affordability tenure, terms' and conditions of affon
23 and unit production schedule.
(3) "Allowable housing expense" means the total monthly or 24 recurring expenses required of a household to obtain shelter. For a for-sale unit, all
housing expenses include loan principal, loan interest, property and mortgage inn
25 liproperty taxes, home owners association dues and a reasonable allowance for u
26 ikor a rental unit, allowable housing expenses include rent, a reasonable allow
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19 jl D. Low-income, assisted (State and/or Federal) for-sale uri
20 If ounty median income.
27 i utilities.
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(4) "Assisted (State and/or Federal) unit" means a dwelling unit as di
(5) "Base residential units" means a number of units associated wid
2 aster ph, spedfic plan, plan phase, or individual development within a mas
3 I!. 'bpecific plan or residential subdivision from which are calculated the lower-i
4 i hase or development or residential subdivision.
(6) "Combined inclusionary housing project" means separate resic
5 idevelopment sites which are linked by a contractual relationship such that some
f the inclusionary units which are associated with one development site are prc
6 I d operated at the alternative development site or sites.
(7) "Conversion" means the change of occupancy of a dwelling uni
1, ensity increase of at least twenty-five percent (25%) over either the G
9 I anagement Control Point of the applicable General Plan designation, as defi
1 ection 21.90.045 of this Title, or the otherwise maximum allowable residential c
s specified by the applicable master plan or specific plan, at the time of applical
11 (9) "Existing Master Plan or Specific Plan" means any master F
pecSc plan approved on or before the effective date of this ordinance.
12 (10) "Financial assistance" means such assistance to include but
'ted to the subsidization of fees, inh-astructure, land costs, or construction COI l3 se of redevelopment set-aside funds or Community Development Block Grant (1 ds, or the provision of other direct financial aid, such as cash transfer pap
(11) "Growth Management Control Point" shall have the same mea
16 // (1 2) "Incentives" means such regulatory concessions to include but
17 ip ted to a density increase, the modification of site development standards or zon
equirements, approval of mixed use zoning in conjunction with the residential F '' r any other regulatory incentiire which would result in an identifiable cost reduc
Section 50055 of the California Health and Safety Code.
'" clusionary units to be provided in conjunction with that master plan, specific
mer-occupied to rental or vice versa.
8 (8) "Density bonus (new residential construction)" means a xnh ;;i
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ther monetary compensation, by the City of Carlsbad.
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I hapter 21.90, Section 21.90.045 of this Title.
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19 !I (13) "Inclusionary housing project" means a new residential develc I enable the provision of affordable housing for lower-income households.
Ipr conversion of existing residential buildings which has at least fifteen percent (1
20 !,five percent (5%) of the total units reserved and made affordable to lower-i
ouseholds or moderate-income households, respectively, as required by this Ch
(14) "Inclusionary unit" means a dwelling unit that will be offered f
22 1 pr sale Qchlsiveiy to and which shall be affordable to lower-income househc
(15) 'kcome" means any monetary benefits that qualifies as incc
accordance with the criteria and procedures used by the City of Carlsbad Housi
24 ilRedevelopment Department for the acceptance of applications and recertifications
ISection 8 Rental Assistance Program, or its successor.
(1 6) "Low-income household" means those households whose gross
26 is more than 50 percent but does not exceed 80 percent of the median income :
IDiego County as determined annually by the U.S. Department of Housing and 27 IDevelopment.
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equired by this Chapter.
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(17) "Lower-income household means low-income and very low-
1 Ous~oldS, whose gross income does not exceed 80 percent of the median incc / San Diego COUnty as determined annually by the U.S. Department of Housing and
2 I ,Development.
3 'brice is not restricted either by this Chapter or by requirements imposed &oug
4 ocal, state, or federal affordable housing programs.
(19) "Net developable acreage (for base residential unit calcd,
5 eans the total number of acres of a subject property minus those lands comic
(20) "New Master Plan or Specific Plan" means any master plan or
7 Ian approved after the effective date of this ordinance.
(21) 'Target income level" means the income standaids for very 11
8 ow-income levels within San Diego County as determined annually by t: epartment of Housing and Urban Development, and adjusted for family size.
(22) "Unassisted unit" means a dwelling unit regarding which no ' sistance has been received from a public body in the production, occupancy an
(23) Vexy low-income household" means a household earning
' come equal to 50. percent or less of the median income for San Diego Cc
12 etennined annually by the U.S. Deparment of Housing and Urban Developme
13 21.85.030. ADDlicabilitv of lnciusionarv Housinn Rwyirement. (a) This Chapter shall apply to all residential market rate dwelling units I
I.4 Ifiom new construction of rental and "for-sale" projects, as well as the conve
15 , partments to air-space condominiums within.
(1) New master plans or specific plans (approved after the effect
16 ~ f this Ordinance);
(2) Existing master plans or specific plans (approved on or be
I'7 1, ffective date of this Ordinance) with or without development entitlements (i.e., t
(3) Residential subdivisions not located within any master plan 01
(4) Mobile home developments; and
(5) Tentative maps for the conversion of apartments to i
(b) Notwithstanding the foregoing, this Chapter shall not apply to the fc
(I) Those residential units of a project for which building pem
'I (18) "Market-rate unit" means a dwelling unit where the rental rate
e undevelopable, as listed in Section 21.53.230 of this Code.
gl lo ' aid dwelling unit. Ill
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:maps, finai maps, building pennits);
19 ;plan area; and
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I ondominiums.
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een issued as of the ef€ective date of this Ordinance;
23 11 (2) Existing residences which are altered, improved, restored,
expanded or extended, provided that the number of units is not increased, howc
:space condominiums; .24 I,ch apter shall pertain to the subdivision of land for the conversion of apartmen
25 (3) The construction of a new residential structure which IT
26 residential structure that was destroyed or demolished within two years pric
application for a building permit for the new residential structure, provided
27 jnumber of residential units is not increased from the number of residential un
;!previously destroyed or demolished residential structure;
28 I1 I1 7
0 0
I (4) Any residential unit which is accessory as defined in Section 21.(
1 f this code, the development of which is deemed by the City to be in the public in
21 r (5) Those residential units for which, consistent with this Chap:
' ordable Housing Agreement has been approved by the City, and a deed red
ecorded redcting the units as affordable for households of lower-income or ma 1 - - . ~:jj
come.
21.85.040. Construction of Reauired Inclusionarv Units.
(a) For the following classes of residential projects or permits, for wh
6 1 i pplication is deemed complete on or after the effective date of this Ordinan
7 clusionary housing requirements for lower-income households shall be satisfied t e construction of new units:
I
8 (1) Any residential project (Le.; tentative map, tentative map onversion of apartments to air-space condominiums, site development plan, planr:
9 evelopment, redevelopment pennit, residential mobile home park permit or conc
as deemed complete on or after the effective date of this ordinance. Projects o
e permit) of seven (7) or more dwelling units, for which the application for said
11 7) or more dwelling units, that have been approved prior to the effective date
rdinance and that require, as a condition of approval, the processing of subsequc
12 evelopment plans, shall be subject to the requirements of Chapter 21.85.060 ax
welling unit will meet the inclusionary requirements by payment of an inclu
ousing impact fee.
(2) Any residential tentative map revision, including a tentatil
evision for the conversion of apartments to air-space condominiums, of seven
ore dwelling units, for which the application is deemed complete on or af
,,lt
I.5 ' ffective date of this Ordinance.
16 I (3) Any residential tentative map of seven (7) or more dwelling u hich the tentative map application'was deemed complete on or following the e
ate of this ordinance, and is subsequently approved for extension after the effecti
f this ordinance. 17 1,
20 i& omplete on or following the effective date of this ordinance, and is subse
18 ip
19 lC0nditiona.l use permit, residential mobile home park permit or redevelopment pe:
1 even (7) or more dwelling units, for which the original project application was
I pproved for amendment after the effective date of this Ordinance.
I (4) Any residential planned unit development, site developma
(b) Notwithstanding, any contrary provisions of Sections 21.85.070,21.1
1.85.090, and 21.85.100, at the sole discretion of the final decision making a1 f the City, the City may determine that an alternative to the construction
23 I ' clusionary units is acceptable, which shall be required to be processed ha
(c) In determining the number of inclusionary units that are required to
ursuant to the standards of Section 21.85.070 (New Master/Specific Plans),
25 1i21.85.080 (Existing Master/Specific Plans), Section 21.8S.090 (Residential Subdh
26 .!and Section 21.85.100 (Mobile Home Parks), fractional units that result fi fomulas contained in these sections may be satisfied by the developer, at the di
27 /of the developer, by either of the following alternatives:
' I 24 /b ordable Housing Agreement, consistent with Section 21.85.150 of this Chapt
'I
28 Ii
8
i CI m I
(1) The fractional inclusionary unit shall be treated as a whole inclusi resulting fraction shall be rounded up to the next larger integer) a clusionary unit shall be built pursuant to the provisions of these sections, or
(2) The fractional inclusionary unit shall not be included in the num
'tS ~therwise required to be built pursuant to the provisions of these sections, t:
pay to the City, within 90 calendar days of the hearing date gr
requested discretionary permits, an amount of money qual to the fi
rage subsidy needed to make affordable to a lower-income househc
priate, one newly-constructed typical attached housing unit, as set forth in 5
.85.050 (b) of this Chapter.
21.85.050. In-lieu Contributions.
(a) For the following classes of residential projects or permits, for whj
ation was deemed complete on or after the effective date of this Ordinan
usionary housing requirement for lower-income households may be met
t to the City of an in-lieu fee or other in-lieu contributions.
(1) Any residential project (i.e.; tentative map, tentative map f
on of apartments to air-space condominiums, parcel map, plannec
ent, site development plan, conditional use permit, residential mobile hon
development pennit) of six (6) dwelling units or less, for whi
n is deemed complete on or after the effective date of this Ordinance.
(2) Any residential tentative map or parcel map revision, inch
p revision for the conversion of apartments to air-space condominium
units or less, for which the application is deemed complete on or af
(3) Any residential tentative map or parcel map of six (6) dwellin
r less, for which the map application was deemed complete on or after the effecti
16.' f this Ordinance, and is subsequently approved for extension after the effective
(4) Any residential planned unit development, site developmen
IFonditional use pennit, residential mobile home park pennit or redevelopment pel
l8 lbix (6) dwelling units or less, for which the application is deemed complete on t
19 ipe effective date of this Ordinance, and is subsequently approved for amendme:
he effective date of this Ordinance.
(5) Development of 6 (six) or fewer new mobile home pads in a
ome park, for which the application is deemed complete on or after the effectil
(b) Thc in-lieu fee to be paid for each market-rate dwelling unit shall
ercent of the subsidy needed to make affordable to a lower-income househc
23 ewly-constructed, typical attached-housing unit. This subsidy shall be based u]
'ty's determination of the average subsidy that would be required to make affi
ical, new two-bedroodone-bath and three-bedroodtwo-bath for-sale units a~
edroodone-bath and three-bedmodtwo-bath rental units, each with an a 25 , affordability tenure of at least 30 years.
26 (c) The dollar amount and method of payment of the in-lieu fees shall 1
by a schedule adopted, hm time to time, by resolution of the City Council. :
27 phall be assessed against the market rate units/pads of a development.
l4 I ffective date of this Ordinance.
l5 L
1711 ~~~e*
201L 22L
24 k
21 ' f this ordinance.
28 I1 // 9
/I e e
(dl All in-lieu fees collected hereunder shall be deposited in a Housing Tm 1
2 \/of administration consistent with the policies and programs contained in the )
::providing funding assistance for the provision of affordable housing and reason&:
Said fund shall be administered by the City and shall be used only for the pq
/!Element of the General Plan.
(e) At the discretion of the City Council, an irrevocable dedication of
4 other non-monetary contribution of a value not less than the sum of the otl
required in-lieu fee may be accepted in-lieu of providing the required affordable I
5 units or in-lieu fees. The valuation of any land offered in-lieu shall be determine
iiap pr aisal made by an agent mutually agreed upon by the City and the develope
f3 "associated with the appraisal shall be borne by the developer.
7 (0 Where an applicant/developer is authorized to pay a fee in-lieu of devel
of affordable housing units, approval of qualifying parcel maps, tentative ma
8 development plans, planned unit developments, residential mobile home park 1
iiredevelopment pennits or conditional use permits listed in subsection 21.85.050( 9 .be conditioned upon a requirement to pay the in-lieu fee in an amount establi.
10 iresolution of the city council in effect at the time' of payment.
(g) As an alternative to paying required in-lieu fee(s), inclusionary I
11 requirements may be satisfied either through a combined inclusionary housing
Lursuant to Section 21.85.110 of this Chapter or new construction of I
12 inclusionary units, pursuant to Section 21.85.040 of this Chapter.
13 . 21.85.060. Inclusionam Housinn Impact Fee.
3l
141(
(a) For the following classes of residential projects, for which the applic
deemed complete before the effective date of this Ordinance, the inclusionary
15 'requirement for lower-income households may be met by the payment to the Ci
knclusionary housing impact fee.
16 I/ (1) Residential projects, of any size, establishing individual lots or 1
/units (Le.: parcel maps, tentative maps, tentative maps for the conversion of apa
I.7 //ro air-space condominiums, site development plans, planned unit develo
Ijconditional use pennits, residential mobile home park permits, and redevd
l8 Ipermits), for which the application was accepted and deemed complete or approv
19 [(to the effective date of this Ordinance.
(2) Single family residential projects, (i.e.: parcel maps and tentatik
20 iiof any size, for which all diS~reti0~t-y approvals, except site development p1a.1
I granted on or before the effective date of this Ordinance and site development p
21 iisubsequently required as a condition of the prior approval and are approved a
22 :'effective date of this Ordinance.
(3) Any residential tentative map or pixel map revision, incl
23 ' tentative map revision for the conversion of apartments to air-space condominium:
'size, for which the application was deemed complete prior to the effective datc
24 ordinance and is approved on, before or after the effective date of this Ordinan
(4) Any residential tentative map or parcel map for which the apl
25 ;!was deemed complete before the effective date of this Ordinance, which was a
on, before or after the effective date of this Ordinance, and is subsequently appr
extension on, before, or after the effective date of this Ordinance.
I
I I
26 I
27 1
28 1) I 10
ll 0 0 L (5) Any residential planned unit development, site development
1 I conditional use permit, residential mobile home park permit or redevelopment pern ' hich the application was deemed complete before the effective date of this or&
ch W~S approved on, before, or after the effective date of this Ordinance,
'subsequently approved for amendment on, before, or after the effective date
1 of this Ordinance, and for which a condition of approval was to pay inclusionary 5 fees shall instead pay a housing impact fee, in accordance with this Section.
(c) The housing impact fee to be paid for each market-rate dwelling unit s 6 15 percent of the subsidy needed to make affordable to a lower-income househ,
7 market-rate rent at a typical existing apartment for a period of 30 years. This I shall be based upon the Ciws determination of the average subsidy that wc
8 required to make affordable rents for typical one-, two-, three-, and four-bc
apartments. The average subsidy shall be weighted for the actual demand for h 9 by number of bedrooms, as detennined by the applications for lower-income affc
(d) The dollar amount of the inclusionary housing impact fee shall be fix
11 :schedule adopted, from time to time, by resolution of the City Council. Said fee !
12 (e) The inclusionary housing impact fee shall be paid, as an individual ft
er market-rate dwelling unit basis at the time of building permit issuance, 'or pric
l3 l recordation of final map andlor issuance of certificate of compliance for conver
(0 All housing impact fees collected hereunder shall be deposited in a E
15 rust Fund. Said fund shall be administered by the City and shall be used only
I urpose of providing funding assistance for the provision of affordable housi
16 1 easonable costs of administration consistent with the policies and programs co I' the Housing Element of the General Plan.
I.7 ' 21.85.070. Regulations for New Master Plans or Specific Plans. (Approv
I.8 !Ithe effective date of this Ordinance.)
(1) Not less than fifteen percent (15%) of all base residential unit
20 lbew mastet plan or specific plan shall be set aside for occupancy by and
21 // (b) For those developments which are required to provide ten or mc
22 ,,affordable to lower income households, at leist ten percent of the lower inco~
(c) The inclusionary housing requirement for lower-income households j
23 I!master plan or new specific plan may not be met by the payment to the City of a
2 4 fee, other in-lieu contributions or inclusionary housing impact fee, with the excep
Iany resulting fractional inclusionary unit may be satisfied through the payment
25 !/as 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 t(
an Inclusionary Housing Plan within the master plan or specific plan doam 27 Inclusionary Housing Plan will include appropriate text, maps, tables, or fi
\,establish the basic framework for implementing the requirements of this Chapte:
2 11.
3 1 Ordinance.
4 (b) Those residential projects which were approved on or before the effectil
lo 11 ousing qualified and approved by the City.
'assessed against the market rate units of a development.
141
'existing apartments to airspace condominiums.
19 /I (a) This Chapter requires the following:
I .affordable to lower-income households.
lshd have three or more bedrooms.
28 // 11 I/
li 0 0 :I stablish, as a minimum, but not be limited to, the following:
la; (1) The total number of base residential units of the master plan or SI
(2) The number of required inclusionary units for lower-income housc
(3) The designated sites for the location of the inclusionary units, inc: ut not limited to any sites for locating off-site inclusionary housing projects or con 3l i ver the entire master plan or specific plan;
41. i clusionary housing projects;
(4) A phasing schedule for production of inclusionary units; and
(5) A general provision stipulating that an Affordable Housing Age 6 hall be made a condition of all future discretionary permits for development wid
aster or Specific Plan area (i.e. tentative maps, parcel maps, planned unit develol
d site development plans). The provision shall establish that all relevant tern
8 onditions of any Affordable Housing Agreement shall be fled and recorded as
, estriction on those individual lots or units of a project which are designated 1
9 1. ocation of inclusionary units. The Affordable Housing Agreement shall be consistel
ection 21.85.150 of this Chapter. (6) The location and phasing of inclusionary dwelling units I
odified as a minor amendment to the Master Plan pursuant to Section 21.38.12C
itle.
10
11
12
13 ~ apply:
(e) For the purpose of determining the number of required lower-
btained by the following formula: l4
’ clusionary units in new master plans and specific plans, the following standar
(1) The number of required lower-income inclusionary units s
15 f Lower-tncome hclusionary units = ‘%base” x 0.15. (f) The base for a new master plan or specific plan is determined by mul
16 e net developable acreage of the project site times the growth management
oint(s) for the project site’s applicable general plan designation(s). If in the c(
17 1 eviewing a new master plan or spetific plan, the final decision making authorit
j%ty determines that the base residential yield of the new master plan or specj
l8 (Icannot be achieved, then the base shall be equal to the maximum number (
19 !.actually approved by the fhl decision making authority of the City. If a densit
$s or subsequently becomes awarded, the increased density is not included in I
20 lbhen det ennining the number of required inclusionary units relative to the bast
‘$ I
21 /p. I’ 8
11
:!on or before the efktive date of this Ordinance.) 22 11 endations for Existinn Master Plans and SDecific Plans. (P
23 (a) This Chapter requires the following:
existing master plan or specific plan shall be set aside for occupancy by and 24 (1) Not less than fifteen percent (15%) of all base residential unj
affordable to lower-income households, at least ten percent of the lower-incc 26 1 (b) For those developments which are required to provide ten or mi 25 I
[affordable to lower-income households.
27 I ’ shall have three or more bedrooms.
28 11 /i 12
I1 0 0 1
1:. 7.
(c) All existing master plans or specific plans proposed for major amend I ' muant to Section 21.38.120 of this Code, shall incorporate into the amended n 1. lan or sptdfic plan document an Inclusionary Housing Plan, consistent with %
2 I 1.85.070 (dl of this Chapter.
(dl Consistent with Sections 21.85.040 and 21.85.050 of this Chapter, c
lasses of projects or permits within an existing master plan or specific plan may :
4 eir inclusionary ho.using requirement for lower-income households through the pq
(e) Consistent with Section 21.85.060 of this Chapter, certain classes of PI
r permits within an existing master plan or specific plan may satisfj. their inclus:
6 ousing requirement through the payment of an inclusionary housing impact fee.
(f) For the purpose of determining the number of required lower4
clusionary units in an existing master plan or specific plan, the following standard
(1) The number of required lower-income inclusionary units sk
31L
it0 the City of an in-lieu fee or other in-lieu contributions.
0 'PPP'Y: ;:I 9 I btained by the following formula: Lower-Income Inclusionary units = "base" x 0.15.
(8) The base for an existing master plan or existing specific plan shall bc
o the sum of the maximum number of dwelling units permitted under that f
ter plan or specific plan for all phases or individual developments within the t
12
13 1 clusionary units relative to the base project yield. The base for existing master
creased density is not included in the base when detexmining the number of II
aster plan. or specific plan. If a density bonus is or subsequently becomes award
'specific plan phases and developments shall not be less than the maximum nu
welling units permitted for that phase or development in the existing master
15 peciiic plan, except for the following specific development phases of an existing
lan or specific plan:
(1) Where building permits were issued, on or before the effecti pf this Ordinance, for the construction of new dwelling units approved in a mas1
17 /or specific plan phase or individual development area, the number of dwellin
&pproved via said permits shall be subtracted from the base as otherwise detemi
I.8 !$hat phase or individual development.
(2) Where a tentative map or final map (which establishes in(
esidential lots or dwelling units) for any phase or individual development a
20 ibaster plan or specific plan was either approved, on or before the effective datl
rdinance, or the application for said tentative map was received and deemed c
21 !I y the Planning Department, before the effective date of this ordinance, and the
!$f appmd dwelling units is less than the maximum number of dwelling units p
the master plan or specific plan, then the base shall be equal to the number of
'ts actually approved on the tentative map or finat map for that phase or ir
(3) For any phase or individual development area of a master 24
/specific plan for which a tentative map (which establishes individual residenti;
25 /dwelling units) has not been deemed complete or approved, before the effectiv
\'this ordinance, the base shall be equal to the maximum number of dwelli
26 !'permitted under that master plan or specific plan for that phase or individual devc
27 /iarea. If in the come of reviewing a phase or individual development area of
;or specific plan, the final decision making authority of the City determines
I*
16 ir 1
I
19 !/
It)
7b idevelopment of the master plan or specific plan.
28 I1 I/ 13
// 0 0
1,b-m urn number of dwelling units permitted for a phase or individual developmen 1 l f a master plan or smc plan canna be achieved, then the base shall be equal ipum number of-units actually approved by the final decision making authority
21 ity. il - (h) An Affordable Housing Agreement shall be made a condition of all
3 ihcretionary permits for development within the master or specific plan are entative maps, parcel maps, planned unit developments and site development plm 4 1:elevant term and conditions of the Affordable Housing Agreement shall be file
5 recorded as a deed restriction on those individual lots or units of a project whi 1 designated for the location of inclusionary units. The Affordable Housing Agreemen 6 j be consistent with Section 21.85.150 of this Chapter.
7 1 21.85.090. Regulations for Residential Subdivisions Not Subiect to Mastc
8 x Specific Plan.
(a) This Chapter requires the following:
9 (1) Not less than fifteen percent (15%) of all base residential units
I-esidential subdivision shall be set aside for occupancy by and shall be afford; lo ' lower-income households.
residential subdivisions may satisfy their inclusionaxy housing requirement for I' 1 (b) Consistent with Sections 21.85.040 and 21.85.050 of this Chapter,
(c) Consistent with Section 21.85.060 of this Chapter, certain resi 13 contributions.
mcome households through the payment to the City of an in-lieu fee or other 12
! ubdivisions may satisfy their inclusionary housing requirement through the pay
(d) For the purpose of determining the number of required lower
(1) The number of required lower-income inclusionary units : 5 e City of an inclusionary housing impact fee.
! clusionary units the following standards shall apply:
btained by the following formula: 17 Lower-Income tnclusionary units = "base" x 0.15.
(e) For those developments which are required to provide ten or mo
l8 1 ordable to lower-income households, at least ten percent of the lower-incor
19 ishall have three or more bedrooms.
(fl The base for a residential subdivision is determined by multiplying
20 lbevelopable acreage ofthe project site times the growth management control pi: ';the project site's applicable general plan designation(s). If in the course of revi
21 'fesidenal subdivision project, the final decision making authority of the City del
that the base residential yield of the project site cannot be achieved, then the b, ip equal to the maximum number of units actually approved by the final decisior
23 uthority of the City. If a density bonus is or subsequently becomes awar
&creased density is not included in the base when determining the number of 24 inclusionary units relative to the base project yield. (g) Where a residential subdivision was eithe~ approved on or before the
25 ,idate of this ordinance, or the application for said residential subdivision was rea
26 1 deemed complete by the Planning Department, before the effective date of this 01
and the number of approved dwelling units is less than the base number of dwell
27 jachievable, than the base shall be equal to the number of dwelling units
/:approved on the residential subdivision. 28 I/
I
22 i'
I
14
I/ e L
3 lk
(h) An Affordable Housing Agreement shall be made a condition 0
1
bacel map, planned unit developments and site development plans), The reievant cretionary permits for development of the residential subdivision (i.e. tentative I
2 I,md conditions of the Affordable Housing Agreement shall be filed and recorded as :
ocation of inclusionary units. The Affordable Housing Agreement shall be cow
esmction on those individual lots or units of a project which are designated fc
4 I' ! 'th Section 21.85.150 of this Chapter. i 21.85.100. Redations for Mobile Home Parks.
(a) This Chapter requires the following:
(1) Not less than fifteen percent (15%) .of all base mobile home c(
d/or pads in any mobile home park shall be set aside for occupancy by and SI
7 1 ordable to lower-income households.
(b) The development of (6) six or fewer new mobile home pads in a mobile
8 1' ark may meet their inclusionary housing requirement for lower-income househc
9 1 e payment to the City of an in-lieu fee or other in-lieu contributions, consisten IIs (c) For the purpose of determining the number of required lower-i
(1) The number of required lower-income inclusionary units SI
10 ections 21.85.040 and 21.85.050 of this Chapter.
11 I ' clusionary units the following standards shall apply:
12 btained by the following formula:
13 (d) For those developments which are required to provide ten or mor{
ordable to lower-income households, at least ten percent of the lower-incorn
(e) The base for a mobile home development is determined by multiplying
' +evelopable acreage of the project site times the growth management control poin
16 lithe project site's applicable general plan designation(s). If in the course of revie
ikbile home project, the final decision making authority of the City determines t
17 1 ase residential yield of the project site cannot be achieved, then the base shall b
(to the maximum number of units actually approved by the final decision making at
I.8 Ibf the City. If a density bonus is or subsequently becomes awarded, the increased
19 / js not included in the base when determining the number of required inclusionar
relative to the base project yield.
1&cretionary permits for development of the mobile home park (i.e. tentativt
21 ikesidential mobile home park ets, or conditional use pennits). The relevant ta
22 /pnditios of the Affordable Housing Agreement shall be fled and recorded as
1 estriction on those individual pads or units of a project which are designated
1 ocation of inclusionary units. The Affordable Housing Agreement shall be consist(
Section 21.85.150 of this Chapter.
I Lower-Income tnclusionary units = ''base'' x 0.15.
I'd" hall have three or more bedrooms.
15 !
20 (f) An Affordable Housing Agreement shall be made a condition
I1
23 I!
25 11 24 '1 21.8S.110. Combined Inclusionarv Housinn Pmiects,
Circumstances may arise from time to time in which the public interest M
26 served by allowing some or all of the inclusionary units dated with one re!
]project site to be produced and operated at an alternative site or sites. Where th~
27 :in interest to the sites and the City fonn an agreement to such an effect, the I ,I illinked project sites shall be considered to be a single combined inclusionw 28 /I
15
0 e
roject. It is the exclusive prerogative of the final decision making authority of tl
1 o determine whether or not it is in the public interest to authorize the residenti, o form a combined inclusionary housing project.
All aments between parties to form a combined inclusionary housing
hall be made a part of the Housing Agreement (Section 21.85.150 of this Code) rt
or the sites. 'i 4
IO1
21.85.120. Affordable Housinn Standards. 5 ' (a) Notwithstanding a developeis request to process a residential projec
hapter 21.86 (Residential Density Bonus) of this Code, all residential projects are 6 o and must satisfy the inclusionary housing requirements of this Chapter.
7 (b) The required inclusionary units shall be constructed concurrent with
te units unless both the final decision making authority of the City and developc
8 'thin the Affordable Housing Agreement to an alternative schedule for develol
esignated income group for the useful life of the project or housing unit, assd 9 (c) Inclusionary rental units shall remain restricted and affordable
aith efforts to maintain the project or housing unit and rehabilitate it as neces (d) After the initial sale of the inclusionary for-sale units to the designated
11 oup, inclusionary for-sale units shall remain affordable for their useful lif
ubsequently sold at a market price to other than targeted households, the si
12 esult in the recapture of the Citfs financial interest in the units, for use in assisti
ligible households. 13 (e) tnclusionaxy units should be built on-site and whenever reasonably I
(f) In certain cases where a combined inclusionary housing project is PI
15 e inclusionary units may be provided on a site separate from the site of the ma^
'ts. Construction of the inclusionary units is, limited to sites within the sa
uadrant in which the market-rate units are located or sites which are contiguol
uadrant in which the market rate units are proposed. Where the required incll
I.7 1 'ts are located within a master or specific plan area, the first priority for locatic
'hlternative site is within the same master or specific plan, followed by the sar
',Facilities Management Zone. In the event that a Local Facilities Manageme
19 !jcrosses City quadrants, the required inclusionary units shall be located within t
/'City quadrant in which the market-rate units are located.
20 /I (g) tnclusionary units restricted for lower-income households should b
'ion sites that are in proximity to or will provide access to employment 0pp01
21 hrban dces, or major roads or other transportation and commuter rail fa&
22 jfreeways, bus lines) and that are compatible with adjacent land uses.
(h) With the approval of the final decision making authority of the I
23 developer/applicant may reduce both the size and amenities of the inclusion;
provided that all units conform to the requirements of the applicable building and 24 codes. The design of the inclusionary units shall be reasonably consistent or co
,with the design of the total project development in terms of appearance, mate
25 :finirhed quality.
27 jwhenever feasible.
14h
Ibe distributed throughout the project site.
I.6 I
18 i/
26 11 (i) . tnclusionary projects shall provide a mix of affordable dwelling 1 1 number of bedrooms) in response to affordable housing demand priorities of
28 I1 Ii 16
1 0 a
21
(j) No building permit shall be issued, nor any development approval grant
1 development which does not meet the requirements of this chapter. No inclusi
't shall be rented or sold except in accordance with this chapter.
3; 21.85.130. Incentives to Offset the Cost of Affordable Housinn DeveloDm'
The inclusionary housing regulations established by this Chapter are a por;
4 I e requirements which must be met by parties wishing City approvals fi
onstruction of residential developments in the City of Carlsbad. The City shall i aith consider making available to the development industry incentives or fi~
5 i'ssistance to enable residential projects to provide affordable housing to lower-i
6 ~ ouseholds. Incentives or financial assistance will be offered by the City to the
7 hat resources for this purpose are available to the City and approved for such USE 1 ity Council, and to the extent that the residential projects, with the use of incen
ancial assistance, assists in achieving the City's housing goals. To the degree t
8 1 ity makes available programs to provide incentives or financial assistance
9 'bevelopment industry, developers may make application for such incentives or ass
owever, nothing in this Chapter establishes, directly or through implication, a r
lo ' developer to receive any assistance or incentive from the City or any other 1
11 gency to enable him/her to meet the obligations established by this Chapter. !
e entitled to density bonuses and/or other incentives in accordance with provi
12 tare law, punuant to the provisions of Chapter 21.86. of this code. Any in(
rovided by the final decision making authority of the City and the allowable l3 expenses established by the final decision making authority of the City shall be
,;within the Affordable Housing Agreement pursuant to Section 21.85.150. Furth
l4 //developers are encouraged to utilize local, state or federal assistance, when avai
15 1 eet the affordability standards .. set forth in Section 21.85.020 (1).
16 [ 21.85.140. Preliminarv Proiect Amlication and Review Process.
(a) An applicanVdeveloper proposing an inclusionary housing project, sha
l7 i,a preliminary application to the Planning Director prior to the submittal of an
18 11 ilapplications for such housing development. The preliminary application shall in(
'.following information:
~,inclusionary units proposed;
1
E.
1 IP
19 ii (1) A brief description of the proposal including the nl
2o I1 (2) The Zoning, General Plan designations and assesso
21 /j ::number(s) of the projms site; (3) A site plan, drawn to scale, which includes: building fc
22 $riveway and parking layout, bdding elevations, existing contours and proposed
[land
modifications, density bonus or fee subsidies) are being requested of the City. Ju! 1 (b) Within thirty days of receipt of the preliminary application by the
Director for projects not requesting incentives or finanaal assistance, or nineF
26 projects requesting incentives or financial incentives, the department shall pm
applicant/developer, a letter which identifies project issues of concern, the
27 land/or hanaal assistance that the Planning Director can support when
28 1 'recommendation to the final decision-making authority, and the proce
23 I/ (4) A letter identifying what spedfic incentives (i.e.; ~
24 for each incentive request should also be included.
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Chapter. The applicant shall also be provided with a copy l poliaes, the pertinent sections of the California Codes to this Chapter and all required application forms.
21.85.150. Inclusion of Affordable Housinn Ameement as a Condip
Chapter, shall demonstrate corn]
the preparation and approval of an Affordable Housing Agre Affordable Housing Agreement shall be submitted by the applicant to th
Agreement shall be reviewed by the Planning Director and C
lopment, who shall formulate a recommendation and re
esignee for final ap
es the completed Affordable F
and conditions therefrom fi
ts or units of a property wh
n of affordable unit. The approval and recordation sh. pproval or, where a map is not being processed, prio:
Affordable Housing fqg
owners and successors in interest.
(1) The number of inclusionary dwelling units proposed;
(2) The unit size(s) (square footage) of the inclusionary units
(3) The proposed location of the inclusionary units;
(4) Tenure of affordability for inclusionary units (30 year minim
(5) Schedule for production of dwelling units; (6) Incentives and/or financial assistance provided by the City;
(7) Where applicable, terms and conditions establishing N
er of bedrooms per inclusionary dwelling unit;
governing the initial sa
(9) Standards modifications granted by the City.
(c) An Affordable Housing Agreement, for which the inclusionary gh payment to the City of any in-lieu con!
dication) shall be required to indude the fa
-lieu contributior
per market-rate dwe
gh payment to the (
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1 All buyers of for-sale inclusionw units shall enter into an Wusionaq k
Resale Agreement with the City's Housing Authority prior to purchasing the 2
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may not be transferred without prior approval of the City's Housing Authority. 3 1 property. The Resale Agreement shall spec@ that the title to the subject unit or 1
defined in Section 21.85.020 shall be eligible to occupy inclusionary units. 5 I
21.85.170. Elinibilitv Reauirernents.
160. Inclusionan Housinz Resale Ameernent.
Only households meeting the standards for designated lower income gr
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21.85.180. Management and Monitoring.
(a) Inciusionary rental units shall be managed/operated by the owner of
or his or her agent. Each owner of inclusionary rental units shall submit an annu
to the City, at the end of the previous calendar year, identifying which I
inclusionary units, the monthly rent, vacancy information for each inclusionary re
for the prior year, monthly income for tenants of each inclusionary rental unit thl
the prior year, and other infomation as required by the City, while ensuring thl
of the tenant.
21.85.190. Collection of fees.
All fees collected under this Chapter shall be deposited into a Housing TI
and shall be expended only for the affordable housing needs of lower-income ho
and reasonable costs of administration consistent with the purpose of this ChaF
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affected thereby. 17 1
provision to other persons not similarly situated or to other circumstances sh X 1 circumstances is held invalid, the remainder of the chapter and the applicati
tf any provision of this chapter or the application thereof to any : 21.85.200. Separabilitv of Provisions.
l8 il EFFECITVE DATE: This ordinance shall be effective thirty days after its
l9 11 and the City Clerk shall certify to the adoption of this ordinance and caus
2o (I published at least once in the Carlsbad Sun within fifteen days after its adopti,
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. il INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad G
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23 (1 on the 13th day of April J 19s and thereafter.
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'I I1 PASSED AND ADOPTED at a regular meeting of the City Council of the ( ;:i arlsbad on the 20th day of APRIL , 19 93 J by the following vote, to wit:
3 AYES: Council Members Lewis, Stanton, Kulchin :l NOES: None
ABSENT: Council Members Nygaard, Finnila
6 PROVED AS TO FORM AND LEGALlTY
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RONALD R BALL, City Attorney 9 L.R L
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11 II LAUDE k&W& May4
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ORDINANCE NO. NS- 2 3 3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITYOFCARLSBAD, CALIFORNXA,AMENDINGTITLE
21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.86 TO ESTABLISH
REQUIREMENTS FOR THE RESERVATION AND
AFFORDABILITY OF HOUSING UNITS FOR LOWER-
INCOME AND MODERATE-INCOME HOUSEHOLDS
AND SENIOR CITIZENS IN RESIDENTIAL PROJECTS
UNDER A CITY WIDE DENSITY BONUS PROGRAM.
APPLICANT: CITY OF CARLSBAD
CASE NO: ZCA 91-05
1 WHEREAS, the California Government Code Section 65915 pel
IO I I/ developer of a residential project of five (5) or more units on a Specific Site to requl 4 the project be granted. either a minimum 25% density bonus and at least one adc
12
providing affordable housing for very low-income or low-income households l3
incentive or concession, or incentives of equivalent financial value €or the pur
l4 11 qualifying (senior) residents; and
l5 I/ WHEREAS, the California Government Code Section 65915.5 pe
16 11
17 I! developer proposing to convert apartments to condominiums, to request that the
18 '1 be granted a minimum 25% density bonus or other incentives of equivalent financi;
19
lower or moderate-income households; and 2*
I in exchange for reserving a specific percentage of the converted condominium I
21 I WHEREAS, the California Government Code Sections 65915 and
22 ii require that local jurisdictions adopt an ordinance which establishes the procel
23 II // implementing the density bonus/incentive program; 24
25 I WHEREAS, it is a program of the Housing Element of the City's
26
and 65915.5. 27
Plan to prepare an Ordinance which implements State Government Code Sectio
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The City Council of the City of Carlsbad, California does ordain as follows:
2 ll SECllON 1: That Title 21 of the Carlsbad Municipal Code is amended b
i 3 1 addition of Chapter 21.86 to read as follows:
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RESIDENTIAL DENSITY BONUS OR IN-LIEU INCENTIVES 5
"Chapter 21.86
Sections:
21.86.010 Purpose and Intent
21.86.030 Regulations for New Residential Construction
21 36.050 Combined Density Bonus Housing Projects
7
2 1.86.060 Density Bonus, Equivalent In-lieu Incentives, and Addition 9
21.86.040 Regulations for Condominium Conversions a
2 1.86.020 Definitions
10 Incentives
21.86.070 Density Bonus Housing Standards
21.86.090 Density Bonus or In-lieu Incentive Application and Review E II
21.86.100 Inclusion of Density Bonus Housing Agreement as a Condi 12
21.86.080 Expiration of Affordability Tenure
Development 13 21.86.110 Density Bonus Resale Agreement
14 21.86.120 Eligibility Requirements
21.86.130 Management and Monitoring
15 21.86.150 Separability of Provisions
2 1.86.140 Administrative Fee for Target Dwelling Units
17
I 16 1 . 21.86.010. Purpose and Intent.
The public good is served when there exists in a city, housing which is appI I' for the needs of and affordable to all members of the public who reside within tl
i Among other needs, there is in Carlsbad a need for housing affordable to lower.
19 // households and senior citizens. Therefore, it is in the public interest for the
promote the construction of such additional housing through the exercise of its POH
the utilization of its resources.
(a) It is the purpose of this Chapter to provide incentives to developers
" 1 production of housing affordable to lower-income households, moderate
22 'I households and senior citizens.
(b) It is the purpose of this Chapter to implement the goals, objectil
23 policies of the Housing Element of the City's General Plan.
(c) It is the purpose of this Chapter to implement Sections 65915 - 6591 24 California Government Code.
25 (d) Nothing in this chapter is intended to create a mandatory duty on beh
City or its employees under the Government Tort Claims Act and no cause '
26 against the City or its employees is created by this chapter that would I
independently of the provisions of this chapter. 27
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21.86.020. Definitions.
Whenever the following terms are used in this Chapter, they shall have the me,
established by this section:
(1) "Additional incentive(s)" means any incentive(s) that is offer
addition to the twenty-five percent (25%) density bonus.
(2) "Affordable housing (Density Bonus)" me.ans housing for whic
allowable housing expenses paid by a qualifylng household shall not exceed a spe
fraction of the gross monthly income, adjusted for household size, for the following c
A. Very low-income, rental and for-sale units: 30 percent
gross monthly income, adjusted for household size, at 50 percent of the. County IT
a€ housing:
7 income. B. Low-income, rental units: 30 percent of the gross m
8 income, adjusted for household size, at 60 percent of the County median income. C. Low-income, for-sale units: 30 percent of the gross m 9 income, adjusted for household size, at 70 percent of the County median income. D. Moderate-income, for-sale units: 35 percent of the lo monthly income, adjusted for household size, at 110 percent of the County median il
recurring expenses required of a household to obtain shelter. For a for-sale unit, all 12 housing expenses include loan principal, loan interest, property and mortgage ins:
property taxes, home owners association dues and a reasonable allowance for utilitil l3 a rental unit, allowable housing expenses include rent, and a reasonable allowa.
utilities.
(4) "Combined density bonus housing project" means separate res]
15 development sites which are linked by a contractual relationship such that some c 1 the target dwelling units and/or density bonus dwelling units which are associatc
16 I one development site are produced and operated at an alternative development
(5) "Conversion" means the change of occupancy of a dwelling ur
(6) "Density bonus (condominium conversions)" means a minimum i
19 '1 of at least twenty-five percent (25%) over the number of apartments within the
l7 ' rlir-occupied to rental or vice versa.
structure or structures proposed for conversion. (7) "Density Bonus (new residential constxuction)" means a minimum
increase of at least twenty-five percent (25%) over either the Growth Man;
Control Point of the applicable General Plan designation, is defined in Section 2
22 of this Title, or the otherwise maximum allowable residential density as specifie
applicable master plan or specific plan, at the time of application. 23 (8) "Density bonus dwelling units" means those residential units
pursuant to the provisions of this Chapter which are above the maximum a .24 residential yield of the project site.
25 (9) "Density Bonus Housing Agreement" means a legally binding ai
between a developer and the City to ensure that the density bonus requiremen
26 Chapter are satisfied. The agreement establishes the number of target dwelling '
density bonus dwelling units, the unit sizes, location, affordability tenure, te 27 conditions of affordability and unit production schedule.
28
11 (3) "Allowable Housing Expense" means the total monthly or
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(10) "Growth Management Control Point" shall have the same mean Chapter 21.90, Section 21.90.045 of this Title.
(11) "Housing Development" means a new residential developme conversion of existing residential building(s) of five (5) or more residential dwelling
(12) "In-lieu Incentives" means incentives offered by the City, which equivalent financial value based upon the land cost per dwelling unit(s), that are o
in-lieu of the twenw-five percent (25%) density bonus and additional incentive. ,/ (13) "'Incentives" means such regulatory concessions as stipulated in 5 Government Code Section 65915(h), to include, but not be limited to the reduction
conjunction with the housing project, or any other regulatory incentive which would 6 development standards or zone code requirements, approval of mixed use zon
in identifiable cost reductions to enable the provision of housing for lower-i 7 households and qualifymg residents.
accordance with the criteria and procedures used by the City of Carlsbad Housi 9
10
Redevelopment Department for the acceptance of applications and recertifications Section 8 Rental Assistance Program, or its successor.
is more than 50 percent but does not exceed 80 percent of the median income 1 11
(15) "Low-income Householdf means those households whose gross :
(16) "Lower-income Household" means low-income and very low- Development. 12 Diego County as determined annually by the U.S. Department of Housing and
25
(232 'Target Income Level" means the income standards for very 24
rent or sale exclusively to and which shall be affordable to the designated incoa 23
(22) 'Target Dwelling Unit" means a dwelling unit that will be off
the California Civil Code. 22
(21) "Qualifymg Resident" means a resident as defined in Sectior 1 percent (25%).
21
(20) "Partial Density Bonus" means a density bonus less than twc 1 Urban Development.
2o
I for San Diego County as determined annually by the U.S. Department of Hou: 19
1 income is more than 80 percent but does not exceed 120 percent of the median l8 (19) "Moderate-income Household" means those households who
control point(s) for the project site's applicable residential General Plan designa I" multiplying the net developable acreage of the project site times the growth man2
of residential units permitted on the project site, which number of units is calcul 16
local, state, or federal affordable housing programs. 15
price is not restricted either by this Chapter or by requirements imposed throug
(17) "Market-rate Unit'' means a dwelling unit where the rental rate I 14
households, whose gross income does not to exceed 80 percent of the area median i I.3
and moderate-income levels within San Diego County as determined annually by
Department of Housing and Urban Development, and adjusted for fa@ size.
26 (24) "Very Low-income Household" means a household earnin]
income equal to 50 percent or less of the median income for San Diego C 27 determined annually by the U.S. Department of Housing and Urban Developn
28
8 (14) "Income" means any monetary benefits that is determined as inc
(18) "Maximum allowable residential yield'' means the maximum
or qualified (senior) resident, as required by this Chapter.
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21.86.030. Rermlations for New Residential Construction.
(a) The city shall grant either: a density bonus and at least one adc 1 1
value, as set forth in Section 21.86.W(c) to an applicant or developer of a k 2 1 incentive, as set forthin Section 21.M.W(c), or in-lieu incentives of equivalent fi
(1) A minimum of twenty percent (20%) of the total units of the 1
development of at least five (5) units, who agrees to construct the following:
4 3i development as restricted and affordable to low-income households, or
5 development as restricted and affordable to very low income households; or
f3 development as restricted to qualified (senior) residents.
i (2) A minimum of ten percent (10%) of the total units of the ' I
(3) A minimum of fifty percent (50%) of the total units of the
7 (b) In determining the number of density bonus dwelling units to be
pursuant to the standards of this Section, the maximum allowable residential yielc
8 site, shall be multiplied by 0.25. Any resulting decimal fraction shall be roundel
next larger integer.
10
(c) In determining the number of target dwelling units to be reserved pur
the standards of this Section, the maximum allowable residential yield shall be m
by either 0.10, 0.20 or 0.50, for very low-income households, low-income house:
11 qualified residents, respectively. The density bonus shall not be included when detr
the number of housing units which is equal to ten percent (lo%), twenty percen
12 or fifty percent (50%) of the total units. of the housing development. Any
decimal fraction shall be rounded to the next larger integer. l3
' (d) In cases where a density increase of less than twenty-five percent 1
14 requested, no reduction will be allowed in the number of target dwelling units r
(e) In cases where a density increase of more than twenty-live percent
15 requested, the requested density increase is an additional density bonus and
considered an additional incentive, in accordance to Section 21.86.060(c) of this 1 16 I The final decision making authority of the City may at its discretion grant an a1
density bonus if a written finding is made by the final decision making authority 01
that the additional density bonus is required in order for allowable housing expen
set as affordable. The City in granting an additional density bonus may requ
portion of the additional density bonus to be designated as target dwelling unit!
of the total units for low-income households and ten percent (10%) of the total
very low-income households, the developer is entitled to only one density bonr
least one additional incentive.
(g) A Density Bonus Housing Agreement shall be made a conditic
22 1 discretionary permits (i.e.; tentative maps, parcel maps, planned unit devel
condominium permits, site development plans and redevelopment permits) for a 23 developments that request a density bonus and additional incentives or in-lieu i
The relevant terms and conditions of the Density Bonus Housing Agreement shs 24 and recorded as a deed restriction on those individual lots or units of
25 development which are designated for the location of target dwelling units. Thl
Bonus Housing Agreement shall be consistent with Section 21.86.100 of this (
26
27 (a) The City shall grant either: a density bonus, or in-lieu incentives of 1
28 1 financial value, as set forth in Section 21.86.060(c), to an applicant or developer
9)
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20 I1 19 (1 (9 In cases where the developer agrees to construct both twenty perce
21 1
21 36.040. Regulations - for Condominium Conversions.
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to convert apartments to condominiums, and who agrees to provide the following:
housing development as restricted and affordable to low-income or moderate-in
1 (1) A minimum of thirty-three percent (33%) of the total units c
2 I househola or
3 (2) A minimum of fifteen percent (15%) of the total units of the hc
development as restricted and affordable to lower-income households.
be ineligible for a density bonus or in-lieu incentives under this Section if the aparl 5
6.
proposed for conversion constitute a housing development for which a density bo
in-lieu incentives were previously provided under this Chapter.
the standards of this Section, the number of existing apartment units within the st1 9 (d) In determining the number of target dwelling units to be reserved pursl
resulting decimal fraction shall be rounded to the next larger integer. 8
the structure or structures proposed for conversion shall be multiplied by 0.25
pursuant to the standards of this Section, the number of existing apartment units 7
(c) In determining the number of density bonus dwelling units to be g
or moderate-income households or lower-income households, respectively. The lo or structures proposed for conversion shall be multiplied by either 0.33 or 0.15, 1
11 bonus shall not be included when determining the number of housing units which i
to thirty-three percent (33%) or fifteen percent (15%) of the total units of the 1
12 development. Any resulting decimal fraction shall be rounded to the next larger j
(e) In cases where a density increase of less than twenty-five percent (: l3 requested, no reduction will be allowed in the number of target dwelling units re
14 (f) A Density Bonus Housing Agreement shall be made a condition
discretionary permits (tentative maps, parcel maps, planned unit developme1
15 condominium permits) for all condominium conversion proposals that request a
bonus or in-lieu incentives. The relevant terms and conditions of the Densig 16 1 Housing Agreement shall be filed and recorded as a deed restriction on those in(
lots or units of a project development which are designated for the location o
dwelling units. The Density Bonus Housing Agreement shall be consistent with
21.86.100 of this Chapter.
4 (b) An applicant/developer proposing to convert apartments to condominium
17! I.8
11 21.86.050. Combined Densitv Bonus Housinn Proiects. 19 I
Circumstances may arise from time to time in which the public interest u
20 1
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served by allowing some or all of the density bonus and/or target dwelling units as
with one residential project site to be produced and operated at an alternativc
sites. Where the parties in interest to the sites and the City form an agreemenl
22 , an effect, the resulting linked project sites shall be considered to be a single C(
23
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density bonus housing project.
It is the exclusive prerogative of the final decision making authori
City to determine whether or not it is in the public interest to authorize the re
sites to form a combined density bonus housing project. All agreements between parties to form a combined density bonu
project shall be made a part of the Density Bonus Housing Agreement (Section :
of this Code) required for the sites. 1
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1 21.86.060. Density Bonus. Eauivalent In-lieu Incentives. and Additional Intel
(a) Upon application by a developer, pursuant to Section 21.86.030, the decision-making authority of the City shall grant either: a density bonus and at lea
additional incentive Or in-lieu incentives of equivalent financial value to qualified ' income or senior housing developments.
3 i (b) Upon application by a developer, pursuant to Section 21.86.040, thc
4 decision-making authority of the City shall grant either: a density bonus or
5 housing developments.
6 and (12) respectively, may include, but are not limited to, the following:
21
1 incentives of equivalent financial value to qualified lower-income and/or m0derate-i
(c) Additional incentives or in-lieu incentives, as defined in Sections 21.86.
7 (1) A reduction in site development standards or a modification of
code requirements or architectural design requirements which exceed the mi
8 building standards approved by the State Building Standards Commission as prov
including, but not limited to, a reduction in setback and square footage requiremet 9 Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safe9
10 in the ratio of vehicle parking spaces that would otherwise be required;
(2) Approval of mixed use zoning in conjunction with the :
11 development if land uses are compatible with the housing development and mi
zoning will reduce the cost of developing the housing; or
or the City which result in identifiable cost reductions; 13 (4) Partial or additional density bonus;
14 (5) Subsidized or reduced planning, plan check or permit fees; an
(6) Direct financial aid including, but not limited to redevelopment s
15 funding, Community Development Block Grant funding, or subsidizing infrastructu
cost or construction costs or other incentives of equivalent financial value based u
16 I land costs per dwelling unit.
(d) The value of each incentive will vary from project to project, tl
l7 /I additional incentives or in-lieu incentives shall be determined on a case-by-case (e) The City shall provide at least one additional incentive, for qualified
l8 // developments as set forth in Section 21.86.30, upon a written request by the de
19 !I unless the City makes a written finding that the additional incentive is not req
order for allowable housing expenses to be set as affordable. The applicant/ow
be required to show that the additional incentive is economically necessary to n
I' units affordable as requjed by this Chapter. The process for requesting an a
21 1 incentive and the criteria for evaluating such request is contained in Section 21.1
22 i this Chapter. (9 It is the exclusive prerogative of the City to offer in-lieu incentives of el
23 financial value, based upon the land cost per dwelling unit, instead of a density b
24 at least one additional incentive.
(g) Where a density bonus would cause a housing development targeted f
25 income households, moderate-income households or qualified seniors to exceed tl
end of the General PIan density range for the project site, then this request
26 evaluated relative to the proposal's compatibility with adjacent land uses and its
to employment opportunities, urban services or major roads.
27 1 (h) All qualified housing developments as set forth in Sections 21.1
21.86.40 shall be given priority in processing.
12 (3) Other regulatory incentives or concessions proposed by the de
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- 21.86.070. Density Bonus Housing Standards. 1 (a) Notwithstanding a developer’s request to process a residential project pun to this Chapter, all residential projects are subject to and must satisfy the requiren
2 I
target income groups) of Chapter 21.85 (Inclusionary Housing) of this Code. 3
@e. number Of required lower and/or moderate-income units, tenure of affordability
4 housing obligations (i.e.: 15 percent of the base units reserved as affordable to 1(
income households for a minimum 30 year tenure) consistent with Chapter 21.85 a 5 Code, and other provisions of this. Chapter will not.
(c) Required target dwelling units should be constructed concurrent with m ‘ rate dwelling units unless both the final decision making authority of the City an
7 developer/applicant agree within the Density Bonus Housing Agreement to an alten
(b) Some of the provisions of this Chapter may satisfy the developer’s inciusic
I
schedule for development.
group for a period of at least thirty (30) years, or a longer period of time if requir 9
10
the construction or mortgage financing assistance program, mortgage insurance prc or rental subsidy program, under the following circumstances:
14
to air space condominiums. l3 (3) Any target unit which is provided through the conversion of apar
by the City; or 12
(2) In-lieu incentives in the form of direct financial contributions are g
by the City; 11
(1) Both a density bonus and at least one additional incentive are g
(e) Target dwelling units shall remain restricted and affordable to the desi;
group for a period of at least ten (10) years under the following circumstances:
15 (1) Only a density bonus is granted and no additional incentives are g
by the City; or 16 (2) In-lieu incentives other than direct financial contributions are g
17 by the City.
(f) Target dwelling units and density bonus dwelling units should be built
and, whenever reasonably possible, be distniuted throughout the project site. I* 1 (g) In certain cases where a combined density bonus housing project is prc
19 /I the target dwelling units and density bonus dwelling units may be provided on
separate from the site of the market-rate units. Construction of the target dwellin
and density bonus dwelling units is limited to sites within the same City quadr
which the market-rate units are located. However, in the event that two properti
a road, which forms a quadrant boundary, and the two properties are contiguous,
22 1 for the presence of the roads, then the target dwelling units and/or density bonus UI
be provided on the other property. Where the target dwelling units are located 1
23 master or specific plan area, the first priority for location of the alternative site i
the same master or specific plan, followed in order by the same Local F 24 Management Zone. In the event that a Local Facilities Management Zone cros
25 quadrants, the target dwelling units and density bonus dwelling units shall be locate
the same City quadrant in which the market-rate units are located.
26 (h) Target dwelling units should be located on sites that are in proximity tl
provide access to employment opportunities, urban services, or major roads ( 27 transportation and commuter rail facilities (i.e. freeways, bus lines) and t
20 compatible with adjacent land uses.
8 (d) Target dwelling units shall remain restricted and affordable to the desig
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(i) Density bonus projects shall include a mix of target dwelling units (by nt
of bedroom) in response to affordable housing demand priorities of the City, whe feasible.
(j) Density bonus projects shall comply with all applicable development Stan
except those which may be modified as an additional incentive as provided herei!
regard to additional incentives. In addition, all units must conform to the require
of the applicable building and housing codes. The design of the target dwellin
shall be reasonably consistent or compatible with the design of the total 1
development in terms of appearance, materials and finished quality.
(k) No building permit shall be issued, nor any development approval grani
a development which does not meet the requirements of this chapter. No target d
unit shall be rented or sold except in accordance with this chapter.
8 21.86.080. Expiration of Affordability Tenure.
(a) At the end of the minimum tenure for rental units in projects containin{ 9
target dwelling unit(s) shall be prepared .by the property owner and submitted
units or for-sale target dwelling units a notice of availability of the rental project or 1
lo Housing and Redevelopment Director. Within 90 days of the notification of ava
11 of the rental project or for sale target dwelling unit(s), the City, or its designee has
right of refusal to buy the rental project or for-sale target dwelling unit(s) for the p
12 of providing affordable housing. Under this option, the City or its designee will
good faith effort to close escrow within 90 days. The sales price of the rental pr l3 €or-sale unit(s) shall be the fair-market appraised value at the time of sale, a
14 i continued affordability restrictions. The fair-market valuation of the rental projec
sale target dwelling unit(s) shall be determined by an appraisal made by an agent I
15 agreed upon by the City and the property owner. Costs associated with the appra;
be borne by the property owner.
16 (b) If the City or its designee fails to exercise its option of first right of rl
purchase the rental project or for-sale target dwelling unit(s) within 90 days of no1
of availability of the rental project or for-sale units, then the target units may be CI
to market-rate units under the following circumstances:
(1) The management of the complex intending to convert target re1
19 ,/ to market-rate units shall give notice of such intent, via registered mail, to each
tenant household and to the City Clerk. Said notice shall be given at least one
eighty (180) days prior to the date proposed for conversion to market-rate rent
21 ’ relocation assistance in an amount equal to four (4) months rent, said assistal
22 I provided by the ownerlmanagement company and paid to the tenant at least
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21.86.090. Densitv Bonus or In-lieu Incentive hdication and Review 1 24 (a) All residential projects requesting a density bonus, additional incen
25 in-lieu incentives pursuant to this Chapter, shall be required to comply with the
26 (1) Application for on-site target dwelling units: Target dwe’
proposed to be developed within the same project site requiring such unit 27 designated on the project plans and shall be processed under a Site Develop
application in addition to the otherwise required project development applicati 28
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I (2) Each affected tenant household shall be eligible to recei
days prior to conversion to market-rate rents.
1 application requirements:
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tentative maps, parcel maps, planned unit developments, conditional use permit 1
Section 2133.120 of this Code. No additional hearings or approvals shall be req redevelopment permits). The Site Development Plan shall be processed pursu;
2 ' except as provided herein with regard to the provision of financial incentives.
3 ' application involves a request to the City for direct financial incentives, then any act
the Planning Commission on the application shall be advisory only, and the City C
4 shall have the authority to make the final decision on the Site Developmen1
application and any related discretionary permits.
development application(s) (including the submittal of a Site Development Plan) si 6 processed concurrently for both sites unless the alternative site has previously re
7 its discretionary permits. No additional applications, hearings or approvals st required, except as provided herein with regard to the provision of financial ince
8 If the application involves a request to the City for direct financial incentives, th
action by the Planning Commission on the application shall be advisory only, and tl 9 Council shall have the authority to make the final decision on all of the re
10 development permits.
(b) Preliminary application: An applicant/developer proposing a densiq
11 housing project, shall submit a preliminary application prior to the submittal of any
requests for approvals of such housing development. The preliminary applicatic
12 include the following information:
(1) A brief description of the proposal including the number o I.3 dwelling units and density bonus units proposed;
14 (2) The Zoning, General Plan designations and assessors parcel nul
of the project site;
15 (3) A site plan, drawn to scale, which includes: building footprints, d
and parking layout, building elevations, existing contours and proposed grading;
16 (4) A letter identifymg what specific incentives (i.e.; standards modi5
density bonus, or fee subsidies) are being requested of the City. Within thirty '' receipt of the preliminary application by the Planning Director €or projects not rec
18 direct financial assistance from the City, or ninety days for projects requestin 1 financial assistance from the City, the department shall provide to an applicantlde
19 1 a letter which identifies project issues of concern, the financial assistance that the I
Director can support when making a recommendation to the final decision
authority and the procedures €or compliance with this Chapter. The applicant s
jl be provided with a copy of this Chapter and related policies, the pertinent sectio
21 j/ California codes to which reference is made in this Chapter and all required ap
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5 (2) Application for Combined Density Bonus Housing Projects: Se
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22' forms. /I (c) Submittal: The completed application($) shall include the
23 information:
target dwelling units including a statement of present ownership and present and 24 (1) A legal description of the total site proposed for developme
27 (3) A detailed vicinity map showing the project location and such
being requested from the City; 26
(2) A letter signed by the present owner stating what incentives, i 25
park or recreation facilities or other social or community service facilities. 28
the location of the nearest commercial retail, transit stop, potential employment
zoning;
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(4) Site plans, designating the total number of units proposed on th including the number of target dwelling units and density bonus dwelling unit!
Supporting plans per the application submittal requirements.
(5) In the case of a request for any incentive(s), a pro-forma f( proposed project to justlfy the request.
(6) In the case of a condominium conversion request, a report docum the following information for each unit proposed to be converted: the monthly incc
tenants of each unit throughout the prior year, the monthly rent for each unit throt
the prior year, and vacancy information for each unit throughout the prior year.
(d) Review: The Community Development Director and/or hisher designate shall evaluate the request based upon the following criteria:
(1) The density bonus housing project helps achieve the City's housin
for lower-income, moderate-income or qualified senior households, as set forth
Housing Element of the General Plan;
(2) The requested incentive(s) (including, but not limited to, adc
density bonuses, requests for a mixed use project, reduction in development stand;
direct or indirect financial contributions) must be necessary to make the
economically feasible;
(3) The housing project shall not result in an overall development
that is incompatible with other land uses in the immediate vicinity; and
(4) The density bonus housing project complies with the Gener;
zoning and development policies of the City of Carlsbad.
(5) That the conversion of apartment units to condominiums shall nc
in a reduction in the affordable housing stock for lower income groups, as of tl
recent inventory.
(6) In cases where an applicant/developer agrees to construct a
development with ten percent (10%) or twenty percent (20%) or fifty percent (.
the units restricted and affordable to very low-income, low-income, or qualified hol
respectively, and an additional incentive is requested, the Planning Director and/or
cannot disallow the incentive(s) listed in Section 21.86.060(c) on the basis tl
materially detrimental to publfc health and safety.
21.86.100. Inclusion of Densitv Bonus Housing Aareement as a Conc
DeveloDment.
(a) Applicants/developer, requesting a density bonus, additional incenth
lieu incentives pursuant to this Chapter, shall demonstrate compliance with this
by the preption and approval of a Density Bonus Housing Agreement. A
Bonus Housing Agreement shall be submitted by the applicant to the City. The
the draft agreement shall be reviewed by the Planning Director and Director of
and Redevelopment, who shall formulate a recommendation and refer the matt
Community Development Director or hisher designee for final approval. Folk
approval and the signing by all parties, the completed Density Bonus Housing A
shall be recorded and the relevant terms and conditions therefrom filed and rei
a deed restriction on those individual lots or units of a property which are desig
the location of target dwelling units. The approval and recordation shall take P'
to final map approval, or, where a map is not being processed, prior to is!
building permits for such lots or units. The Density Bonus Housing Agreemer
binding to all future owners and successors in interest.
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(b) A Density Bonus Housing Agreement for new residential constr 1 processed pursuant to this Chapter shall include the following:
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(1) The number of density bonus dwelling units granted;
(2) The number of lower-income and senior dwelling units propose I 3’ (3) The unit size(s) (square footage) of target dwelling units a1
number of bedrooms per target dwelling unit;
units;
years);
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(5) Tenure of restrictions for target dwelling units (of at least 1C 5
(4) The proposed location of the lower-income and senior target dl
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(6) Schedule for production of target dwelling units;
(7) Incentives and/or financial assistance provided by the City;
(8) Where applicable, tenure and conditions governing the initial salc
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sale target units; and
(9) Where applicable, tenure and conditions establishing rulc
procedures for qualifymg tenants, setting rental rates, filling vacancies, and operatj
maintaining units for rental target dwelling units.
(c) A Density Bonus Housing Agreement for condominium conversions prc pursuant to this Chapter shall be required to include the following:
!( 1) The number of density bonus dwelling units granted;
(2) The number of lower and moderate-income dwelling units pro
(3) The unit size(s) (square footage) of target dwelling units 2
(4) The proposed location of the lower and moderate-income
(5) Tenure of affordability for target dwelling units (30 year minin
(6) Schedule for production of target dwelling units;
(7) In-lieu incentives provided by the City; and
(8) Terms and conditions of for-sale target dwelling units.
(d) Where an Inclusionary Housing Agreement is required pursuant to
21.85.160, both the Density Bonus and inclusionary Housing Agreements s
combined into a single Housing Agreement.
number of bedrooms per target dwelling unit;
dwelling units;
2 1.86.110. Densitv Bonus Resale Anreement.
(a) All buyers of for-sale target dwelling units shall enter into a Demit
Resale Agreement with the City’s Housing Authority prior to purchasing the
property. The Resale Ageement shall specify that the title to the subject propert may not be transferred without prior approval of the City’s Housing Authority.
(b) Where an Inclusionary Resale Agreement is required pursuant to
21.85.170, both the Resale Agreements for inclusionary for-sale units and target
units shall be combined into a single Resale Agreement.
25 21.86.120. Eliniiilitv Reauirements.
Only households meeting the standards for lower-income households, rn
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income households, and qualified (senior) residents as defined in Section 21.86.
be eligible to occupy target dwelling units.
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21.86.130. Management - and Monitoring. -
Rental target dweiling units shall be managed/operated by the developer or
her agent. Each developer of rental target dwelling units shall submit an annual I
to the City identlfylng which units are target dwelling units, the monthly rent, vz
information for each target rental dwelling unit for the prior year, monthly incor:
as required by the City, while ensuring the privacy of the tenant.
21.86.140. Administrative Fee for Tarpet Dwellinn - Units.
Over the minimum tenure of projects containing target dwelling units, the C
either 'directly or, via one or more third parties, provide a number of recurring SI
associated with the administration 'and monitoring of such units. Although the prc
of some of these services will be within the normal purview of existing City acl
others will involve new costs to the City for which there are no existing funding sc
Unless and until alternative funding sources are identified, it is necessary to requ
builders/owners of residential projects to share in these administrative costs. The
the City Council hereby establishes an administrative fee for target dwelling un
amount to be established by City Council resolution and paid prior to the isu;
building permit(s).
tenants of each target rental dwelling unit throughout the prior year, and other infon
21.86.150. SeDarabilitv of Provisions.
If any provision of this chapter or the application thereof to any pe circumstances is held invalid, the remainder of the chapter and the applicatior
provision to other persons not similarly situated or to other circumstances shall
affected thereby.
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91 AYES: Council Members Lewis, Stanton, Kulchin
EFFECTCVE DATE: This ordinance shall be effective thirty day
adoption, and the City Clerk shall cedy to the adoption of this ordinance and (
be published at least once in the Carlsbad Sun within fifteen days after its ad(
INfRODUCED AND FiRST READ at a regular meeting of the Car
Council on the 23rd day of MARCH , 19 97 , and thereafter.
PASSED AND ADOPTED at a reg" meeting of the City Council
of Carlsbad on the 20th day of APRIL ,19 93 , by the following vott
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NOES: None
ABSENT: Council Members Nygaard, Finnila
APPROVED AS TO FORM AND LEGALIN
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e a
ORDINANCE NO. NS-207
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER
21.53 AND 21.04 OF THE CARLSBAD MUNICIPAL CODE TO ALLOW THE CONSIDERATION OF STANDARDS FOR AFFORDABLE HOUSING PROJECTS.
I SECTION 1 : i That Title 21, Chapter 21.04 of
I
Carlsbad Municipal Code is amended by. the addition of Se
21.04.021 to read as follows:
8 1'21.04.022. Affordable Housincr.
ItAffordable Housingtt means housing for which 9
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monthly income for target income levels, adjusted for hou: lo
allowable housing expenses for a for-sale or rental dwellint paid by a household would not exceed 30 percent of the
size. )I
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SECTION 2: That Title 21, Chapter 21.04 o
Carlsbad Municipal Code is amended by the addition of SC
21.04.186 to read as follows:
1t21.04.186. Household - Low-Income.
tlLow-Income Household" means those households
gross income is at least 50 percent but less than 80 percl the median income for San Diego County as determined annua the U.S. Department of Housing and Urban Development.1g
I SECTION 3: That Title 21, Chapter 21.04 o
19 ,I 1' Carlsbad Municipal Code is amended by the addition of S
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21.04.187 to read as follows:
"21 04 187. Household - derate Income.
tlModerate-Income Household" means those how whose gross income is at least 80 percent but less th percent of the median income for San Diego County as detc annually by the U.S. Department of Housing and
Development. 1I
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1 Carlsbad Municipal Code is amended by the addition of : 25
SECTION 4: That Title 21, Chapter 21.04 '
2611 21.04.188.
27 1131.04.188. Household - Verv Low-Income.
I'Very Low-Income Householdt1 means a household 1 28 a gross income equal to 50 percent or less of the median
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for San Diego County as determined annually by the
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Department of Housing and Urban Development.1'
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Carlsbad Municipal Code is amended by the addition of Se 3'
SECTION 5 : That Title 21, Chapter 21.04 of
21.04.189 to read as follows:.
5 l'21.04.189. Income Level - Taraet.
6 very low, low and moderate income levels within San Diego (
Urban Development and adjusted for family size." 7
as determined annually by the U.S. Department of Housin
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'I residential Proiects - site deVelODment Rlan reLired. (a) Notwithstanding anything to the contrary ii l2 code, no building permit or other entitlement shall be issu
any multi-family residential development having more thal l3 dwelling units or an affordable housing project of an1 unless a site development plan has been approved for the pr l4 The site development plan shall be processed pursuant to C
15 21.06 (Q-Overlay Zone) of this code. A site development plan for a multi-family resid
'I project (not affordable) shall not be required for any p l6 11 processed pursuant to Chapter 21-45 of this code, (b) Multi-family residential and affordable hou
17 1 petermination. The Planning Commission shall have the author l8I approve, conditionally approve or deny site development plz 1 a multi-family residential project or affordable housing pr I' with fifty dwelling units or less. The Planning Commie decision may be appealed to the City Council as provi' Chapter 21.06. For projects with more than fifty unit
Planning Commission shall hold a public hearing and make a 21 I' and recommendation to the City Council. The City Council, I1 public hearing noticed as provided in Section 21.54.060
this code, shall approve, conditionally approve or deny tl development plan.
"Target Income Level" means the income standard
SECTION 6 : That Title 21, Chapter 21.53 o
Carlsbad Municipal Code is amended by the amendment to Sc
21.53.120 to read as follows:
"21.53.120. Affordable housin multi-
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22 I 23 (c) PeveloDment Standards. The development (both for multi-family resident: 24 affordable housing) shall be subject to the development st;
applicable Specific or Master Plan except for affordable 1 z5 of the zone in which the development is located and/
conformity with the General Plan and adopted policies an( 1 28
underlying zone or elsewhere provided that the project 27 less restrictive development standards than specified
site development plan for Affordable Housing Projects ma: 26 projects as expressly modified by the site development pla
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- of the City, and it would have no detrimental effect on pu
1 health, safety and welfare. In addition, the Planning commis
impose special conditions or requirements which are 2
or the City Council in approving a site development plan
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the following: or elsewhere that include provisions for, but are not limited 3i
restrictive than the development standards in the underlying
(1) Density of use;
5 (2) Compatibility with surrounding properties and
6 (3) Parking standards:
(4) Setbacks, yards, active and passive open s
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required as part of the entitlement process, and on.
(5) Height and bulk of buildings:
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(6) Fences and walls:
(7) Signs:
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(8) Additional landscaping:
(9) Grading, slopes and drainage:
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(10) Time period within which the project or any p
(11) Points of ingress and egress:
ensure conformity with the General Plan and other ad l2 (12) Such other conditions as deemed necessaz
on or off the subject site as are needed to serve the pro l4 may require that the developer provide public improvements e
(d) In addition the Planning Commission or City Co policies, goals.or objectives of the City. 13
created by the project. l5 development or to mitigate public facilities needs or im
(e) No more than fifty percent of the portion of E
containing twenty-five to forty percent slopes may be uti for calculating allowable residential density. Reside l7 development on slopes with an inclination of twenty-five to
percent inclusive shall be designed to minimize the amou l8 grading necessary to accommodate the project. For prc within the coastal zone, the grading provisions of the Cai l9 11 Local Coastal Program shall apply. I(
uses :
recreational facilities:
of the project shall be completed:
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20 // SECTION 7: That Title 21, Chapter 21.04, Sc
21 1 21.04.210 of the 2arlsbad Municipal Code is amended to r(
22 1 follOW8:
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1 04 210 Lot. IrLotqi means a parcel of record legally creat
subdivision map, adjustmeit plat, certificate of complianl
a parcel legally in existence prior to incorporation of t
into the jurisdiction of the City. Any parcel created pr
May 1, 1956, shall be presumed to be lawfully created
parcel resulted from a division of land in which fewer tha
parcels were created. A lot shall have frontage that
usable access on a dedicated public street or a public ded
easement accepted by the City. This street or easement
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L. have a minimum width of thirty feet. Special lot and s'
1 configurations for Affordable Housing projects may be a1 subject to the provisions of Section 21.53.120 of this code
2 II SECTION 8: That Title 21, Chapter 21.06, Se
3 11 21.06.090 of the Carlsbad Municipal Code is amended to re
4 /I follows:
5 "21.06.090 DeveloDment standards.
Property in the Q zone shall be subject tc 6
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development standards required in the underlying zone an applicable specific plans, except for Affordable Housing Prc as expressly modified by the site development plan. The
development plan for Affordable Housing Projects may alloh 8 restrictive development standards than c3ecified in underlying zone or elsewhere provided that le project 9 conformity with the General Plan and adopted policies and of the City, and it would have no detrimental effect on, 1 lo health, safety and welfare. In addition, the Planning Comm: or the City Council in approving a site development pla I' impose special conditions or requirements which are restrictive than the development standards in the underlyint l2 or elsewhere that include provisions for, but are not limit1
13 the following: .
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(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10) (11)
Special setbacks, yards active or passive space; required as part of the entit. process :
Special height and bulk of building regulat Fences and walls; Regulation of signs:
Additional landscaping; Special grading restrictions Requiring street dedication and improvemen
posting of bonds) ;
Requiring public improvements either on or c
subject site that are needed to servic proposed development;
Time period within which the project or any of the project shall be completed;
Regulation of point of ingress and egress: Such other conditions as deemed necesse
insure conformity with the General Plan and
adopted policies, goals or objectives of the
However, it is not intended that the review of tk 2411 Development Plan shall include aesthetic aspects such as:
25 I1 (1) Color;
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(2) Texture ;
(3) Materials;
(4) Adornments. I)
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EFFECTIVE DATE: This ordinance shall be effec
thirty days after its adoption, and the City Clerk shall cer
to the adoption of this ordinance and cause it to be publish€
least once in the Carlsbad Journal within fifteen days after
adoption.
INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council on the 14th day of JULY
1992, and thereafter
PASSED AND ADOPTED at a regular meeting of -the
Council of the City of Carlsbad on the 21st day of JULY
1992, by the following vote, to wit:
AYES ; Council Members Lewis, Kulchin, Nygaard
NOES : None
ABSENT: Council Members Larson, Stanton
APPROVED AS TO FORM AND LEGALITY n m
RONALD R. BALL, Acting City Attc / 'rneF /i F. / /'
/' A - 7. azajr &&,9 ,[&
CLAUDE 'x. fZWIS., Mayor
21 ATTEST:
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ALETHA L. RAUTENKRANZ, City C1)rk
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