HomeMy WebLinkAbout1992-11-18; Planning Commission; Resolution 3425ll 0 0
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PLANNING COMMISSION RESOLUTION NO. 3425
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT, AMENDING
TITLE 21, OF THE CARLSBAD MUNICIPAL CODE, BY THE
ADDITION OF CHAPTER 21.85 TO ESTABLISH
REQUIREMENTS FOR THE RESERVATION AND
AFFORDABILITY OF HOUSING UNITS FOR MODERATE AND
LOWERINCOME HOUSEHOLDS IN RESIDENTIAL PROJECTS
UNDER A CITYWIDE INCLUSIONARY HOUSING PROGRAM
SPECIFIED CIRCUMSTANCES.
AND THE PAYMENT OF AN IN-LIEU FEE OR IMPACT FEE IN
CASE NAME: CITY OF CARLSBAD - INCLUSIONARY
ORDINANCE
CASE NO: ZCA 91-06
WHEREAS, the Planning Commission did on the 19th day of August, 1992,
the 28th day of October, 1992, the 4th day of November, 1992, and on the 18th day of
November, 1992, hold duly noticed public hearings as prescribed by law to consider said
request; and
WHEREAS, at said public hearings, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of ZCA 91-06, according to revised Exhibit(s) %'';
dated November 18, 1992, attached hereto and made a part hereof, based on the
following findings:
Findinns:
1. This Zone Code Amendment, to add an Inclusionary Housing Chapter to thf
Carlsbad Municipal Code (Tide 21) is consistent with the various Elements of tht
General Plan.
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2. This Zone Code Amendment, implements Housing Element Program 3.6.a., 3.6.b.,
3.2, 3.6~~ and 3.10.c.
3. Implementation of Zone Code Amendment 91-06 is necessary for the City to be
able to achieve its Lower Income Fair Share and Moderate Income Regional Share
Housing Objectives.
4. There is a reasonable relationship between the need for affordable housing and the
imposition of a 15% lower income and 5% moderate income inclusionary housing
requirement on market rate residential development.
5. This amendment will not cause any significant environmental impacts. All future
development projects processed pursuant to this ZCA shall be subject to site
specific environmental review. A Negative Declaration has been issued by the
Planning Director on June 25, 1992.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of November, 1992,
by the following vote, to wit:
AYES: Chairperson Erwin, Commissioners: Schlehuber, Savary t3
Noble.
NOES: Commissioners: Hall, Welshons & Schramm.
ABSENT: None.
ABSTAIN: None.
%L* -
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 3425 -2-
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 21.85 TO ESTABLISH REQUIREMENTS FOR THE
RESERVATION AND AFFORDABILITY OF HOUSING UNITS
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: CITY OF CARLSBAD
FOR MODERATE AND LOWER-INCOME HOUSEHOLDS IN
CASE NO: ZCA 91-6
9 WHEREAS, Government Code Section 65588(b) requires local jurisdictions to
lo revise their Housing Elements every five years; and
'I. /I WHEREAS, the City of Carlsbad has revised its Housing Element for the period July
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14 WHEREAS, Government code Section 65584(a) requires localities to address the
15 Regional Share housing needs for persons of all income levels in their Housing Elements;
16 and
17 WHEREAS, the City's Regional Share needs are 2,509 Lower-income units and
18 1,317 moderate-income units of a projected 6,273 total dwelling units needed over a five
1991 through June 1996; and
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2o P ear period; and
21 WHEREAS, based upon the needs analysis included within its revised Housing
22 Element, the City of Carlsbad finds that Carlsbad is experiencing a lack of housing
23 affordable to lower-income households and first-time moderate income home buyers; and
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WHEREAS, the City of Carlsbad's lower-income Fair Share Housing objective
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(minimum good faith effort of guaranteed units) is 1125 low-income units; and
WHEREAS, the City's revised Housing Element includes objectives for the provision
28 II of 1400 lower-income units (275 units in excess of the Fair Share requirement) and 1300
I1 moderate-income units (17 units less than the Regional Share requirement), and of the
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I1 1400 lower-income and 1300 moderate-income units, the City has committed to
1 IP roducing 350 lower-income and 1100 moderate-income units through City initiated 2
3 development; and
4 WHEREAS, the remaining 1050 lower-income and 200 moderate-income units
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WHEREAS, due to economic and market conditions, the private market has not 6
would have to be provided through some other means; and
produced in the past, nor is likely to produce in the future, an adequate amount of
8 housing units affordable to lower and moderate-income households to meet the remaining 9
balance of the City's lower-income Fair Share need (1050 units) or moderate-income 10
11 Regional Share need (200 units); and
12 WHEREAS, continued new residential development which does not include nor
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1 only serve to further aggravate the current affordable housing shortage; and .. 14
contribute toward the lower cost of housing for lower and moderate-income households
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WHEREAS, new residential develonment which does not include nor contribute
17 /p for lower and moderate income households creates a need for affordable lower
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nd moderate income housing by: reducing the supply of residential land upon which
19 ffordable housing could have been developed, and increasing population, which creates
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taffed by lower wage employees, who create a demand for lower and moderate income 21
demand for typical community services (stores, dry cleaners, gas stations), which are
WHEREAS, over the next 5 years, there is an actual need (Regional Need) for 2509
ower income units and 1,317 moderate income units out of a projected 6,273 total 25 24!
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dwelling units needed; and
WHEREAS, new market rate residential development creates a significant portion
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1 f this need; and
1 2l WHEREAS, the 15% lower-income and 5% moderate-income inclusionary
equirement represents 1050 lower-income, and 200 moderate-income.units which is less 3
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ears a reasonable relationship to the need created by new residential development; and 5
han one-half of the actual (Regional Need) need over the next 5 years and therefore 1 WHEREAS, the mandatory Inclusionary Housing Program was identified within the 6
7 I/City's revised Housing Element as the best program available to the City to achieve the
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11 WHEREAS, the 15% lower-income and 5% moderate-income inclusionary housing
12 requirement will ensure that the remaining balance of the City's Fair Share objectives
13 (lower-income) and Regional Share objectives (moderate-income) can be achieved, and
remaining balance of the City's Fair Share objective for lower-income units and Regional
Share objective for moderate-income units, and
14 WEREAS, based upon an assumed rate for projected residential development
l5 Ibetween 1991 and 1996, the imposition of 15% low-income and 5% moderate-income :; 1
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nclusionary housing requirement on future residential development is necessary to
chieve the City's Fair Share and Regional Share objectives; and 18
19 I WHEREAS, the 15% lower-income and 5% moderate-income inclusionary housing
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equirements are necessary to ensure conformance with the Housing Element of the City's
eneral Plan; and will protect the health, safety and welfare of its citizens; and
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WHEREAS, City staff, in association with an Ad Hoc Committee of master plan and
IP 'n-fill residential builders and non-profit builders, prepared an economic study of the 24
bevelopment of affordable housing within the City of Carlsbad; and :: I WHEREAS, the economic study concludes that while the proposed inclusionary
27 ousing requirements, would create an additional economic burden on the private
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development community, the development of housing affordable to low and moderate
income households is achievable through cooperative partnerships between the
development community, non-profit organizations, and the City; and
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4 Whereas, the City's Housing Element identifies programs to provide technical,
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financial, and standards flexibility incentives to facilitate inclusionary housing
development.
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The City Council of the City of Carlsbad, California does ordain as follows:
SECTION 1: That Title 21 of the Carlsbad Municipal Code is amended by the
addition of Chapter 21.85 to read as follows:
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Sections:
21.85.010
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21.85.020
21.85.030
21.85.040
16 21.85.050
21.85.060 17 21.85.070
l8 // 21.85.080
19 I/ 4 21.85.090
21 1 21.85.100 I 22
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21.85.110
21.85.120
21.85.130
21.85.140
25 I1 21.85.150
21.85.160
26 11 21.85.170
27 II 21.85.180
28 I/ 21.85.190
"Chapter 21.85
INCLUSIONARY HOUSING
Purpose and Intent.
Definitions.
Applicability of Inclusionary Housing Requirement.
Construction of Required Inclusionary Units.
In-lieu Contributions.
Inclusionary Housing Impact Fee.
Regulations for New Master Plans or Specific Plans (Approved After the Effective Date of This Ordinance).
Regulations for Existing Master Plans and Specific Plans
(Approved On or Before the Effective Date of This
'Ordinance).
Regulations for Residential Subdivisions Not Subject to
Master Plan or Specific Plan.
Regulations for Mobile Home Parks.
Combined Inclusionary Housing Projects.
Affordable Housing Standards.
Expiration of Affordability Tenure.
Incentives to Offset the Cost of Affordable Housing
Development.
Preliminary Project Application and Review Process.
Inclusion of Affordable Housing Agreement as a Condition of
Development. Inclusionary Housing Resale Agreement.
Eligibility Requirements.
Management and Monitoring.
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21.85.200 Administrative Fee for Inclusionary Housing.
21.85.210 Collection of Fees.
21.85.220 Separability of Provisions
3 21.85.010. Pumose and Intent.
(a) It is an objective of the City, as established by the Housing Element of the
4 City's General plan, to ensure that all master planned and specific planned communities
and all residential subdivisions provide a range of housing opportunities for all
5 identifiable economic segments of the population, including households of lower and
moderate income. (i) It is also the policy of the City to: 6 (1) Require that a minimum of 15% of all approved residential units in any
7 master plan, specific plan, or residential subdivision be restricted to and affordable by
lower-income households;
master plan or specific planned community be restricted to and affordable by moderate-
(3) Require that for those developments which provide 10 or more units lo affordable to lower-income households, at least 10% of the lower-income units should
l1 have three or more bedrooms; and
(4) In specific cases, allow inclusionary requirements to be satisfied through
12 the payment of an in-lieu fee as an alternative to requiring inclusionary units to be
13 (5) Require existing, unbuilt residential subdivisions and subdivision
proposals with completed applications as of the effective date of this ordinance to pay a l4 housing impact fee to satisfy the inclusionary housing requirement.
15 objective and policies stated in subsections (a) and (b).
(c) It is the purpose of this Chapter to ensure the implementation of the City
16 (d) Nothing in this Chapter is intended to create a mandatory duty on behalf
of the City or its employees under the Government Tort Claims Act and no cause of action I?' against the City or its employees is created by this Chapter that would not arise
18 independently of the provisions of this Chapter.
8 (2) Require that a minimum of 5% of all approved residential units in any
9 income first-time home buyers;
constructed on the ground.
19 I 21.85.020. Definitions.
Whenever the following terms are used in this Chapter, they shall have the 20 meaning established by this section:
gross monthly income, adjusted for household size, for the following classes of housing: 22
expenses paid by a qualifying household shall not exceed a specified fraction of the 21 (1) "Affordable housing" means housing for which the allowable housing
A. Very low-income, unassisted and assisted (State and/or Federal)
23 rental and unassisted and assisted (State and/or Federal) for-sale units: 30 percent of the
gross monthly income, adjusted for household size, at 50 percent of the County median 24 income. B. Low-income, unassisted rental and unassisted for-sale units: 30 25 percent of the gross monthly income, adjusted for household size, at 80 percent of the
26 County median income.
C. Low-income, assisted (State and/or Federal) rental units: 30
27 percent of the gross monthly income, adjusted for household size, at 60 percent of the
28 County median income.
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D. Low-income, assisted (State and/or Federal) for-sale units: 30
1 percent of the gross monthly income, adjusted for household size, at 70 percent of the County median income.
gross monthly income, adjusted for household size, at 120 percent of the County median
income.
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6 (2) "Affordable housing agreement" means a legally binding agreement
the County median income. 5
35 percent of the gross monthly income, adjusted for household size, at 110 percent of
F. Moderate-income, assisted (State and/or Federal) for-sale units:
units, the unit sizes, location, affordability tenure, terms and conditions of affordability
Chapter are satisfied. The agreement establishes the number of required inclusionary 7
between a developer and the City to ensure that the inclusionary requirements of this
(3) "Allowable housing expense" means the total monthly or annual 9 recurring expenses required of a household to obtain shelter. For a for-sale unit, allowable
housing expenses include loan principal, loan interest, property and mortgage insurance, lo property taxes, home owners association dues and a reasonable allowance for utilities.
11 For a rental unit, allowable housing expenses include rent, a reasonable allowance for
2 E. Moderate-income, unassisted for-sale units: 35 percent of the
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8 and unit production schedule.
utilities.
in Section 50055 of the California Health and Safety Code. 13
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(5) "Base residential units" means a number of units associated with each
master plan, specific plan, plan phase, or individual development within a master or
specific plan or residential subdivision from which are calculated the lower and moderate-
15 income inclusionary units to be provided in conjunction with that master plan, specific
plan, phase or development or residential subdivision.
16 (6) "Combined inclusionary housing project" means separate residential development sites which are linked by a contractual relationship such that some or all l" of the inclusionary units which are associated with one development site are produced
18 and operated at the alternative development site or sites.
(7) "Conversion" means the change of occupancy of a dwelling unit from
19 /owner-occupied to rental or vice versa.
(8) "Density bonus (new residential construction)" means a minimum 20 density increase of at least twenty-five percent (25%) over either the Growth
Management Control Point of the applicable General Plan designation, as defined in 21 Section 21.90.045 of this Title, or the otherwise maximum allowable residential density
22 as specified by the applicable master plan or specific plan, at the time of application.
(9) "Existing Master Plan or Specific Plan" means any master plan or
23 specific plan approved on or before the effective date of this ordinance.
(10) "Financial assistance" means such assistance to include but not be 24 limited to the subsidization of fees, infrastructure, land costs, or construction costs, the
25 use of redevelopment set-aside finds or Community Development Block Grant (CDBG)
funds, or the provision of other direct financial aid, such as cash transfer payments or
(11) "Growth Management Control Point" shall have the same meaning as
12 (4) "Assisted (State and/or Federal) unit" means a dwelling unit as defined
26 other monetary compensation, by the City of Carlsbad.
27 Chapter 21.90, Section 21.90.045 of this Title.
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(12) "Incentives" means such regulatory concessions to include but not be
to a density increase, the modification of site development standards or zone code
ements, approval of mixed use zoning in conjunction with the residential project,
other regulatory incentive which would result in an identifiable cost reduction to
the provision of affordable housing for lower or moderate-income households.
(13) "Inclusionary housing project" means a new residential development
rsion of existing residential buildings which has at least fifteen percent (15%) or
total units reserved and made affordable to lower-income
ome households, respectively, as required by this Chapter.
(14) "Inclusionary unit" means a dwelling unit that will be offered for rent
clusively to and which shall be affordable to lower-income households or a
elling unit that will be offered for sale exclusively to and which will be affordable to
derate-income first-time home buyers, as required by this Chapter.
(15) "Income" means any monetary benefits that qualifies as income in
cordance with the criteria and procedures used by the City of Carlsbad Housing and
ment Department for the acceptance of applications and recertifications for the
Rental Assistance Program, or its successor.
(1 6) "Low-income household'' means those households whose gross income
an SO percent but does not exceed 80 percent of the median income for San
d annually by the U.S. Department of Housing and Urban
(17) "Lower-income household means low-income and very low-income ose gross income does not exceed 80 percent of the median income for
Diego County as determined annually by the U.S. Department of Housing and Urban
(18) "Market-rate unit" means a dwelling unit where the rental rate or sales
rice is not restricted either by this Chapter or by requirements imposed through other
derd affordable housing programs.
(19) "Moderate-income householdt means those households whose gross
han 80 percent but does not exceed 120 percent of the median income
termined annually by the U.S. Department of Housing and
(20) "Net developable acreage (for base residential unit calculations)"
er of acres of a subject property minus those lands considered to
sted in Section 21.53.230 of this Code.
ster Plan or Specific Plan" means any master plan or specific
(22) 'Target income level" means the income standards for very low, low
effective date of this ordinance.
moderate-income levels within San Diego County as determined annually by the US.
(23) "Unassisted unit" means a dwelling unit regarding which no form of
ived from a public body in the production, occupancy and use of
(24) Very low-income household'' means a household earning a gross
rcent or less of the median income for San Diego County as
the U.S. Department of Housing and Urban Development.
artment of Housing and Urban Development, and adjusted for family size.
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units resulting
e" projects, as well as the conversion of
plans (approved after the effective date
(2) Existing master plans or specific plans (approved on or before the
development entitlements (i.e., tentative
(3) Residential subdivisions not located within any master plan or specific
(4) Mobile home developments; and
(5) Tentative maps for the conversion of apartments to air-space
(b) Notwithstanding the foregoing, this Chapter shall not apply to the following:
(1) Those residential units of a project for which building permits have
(2) Existing residences which are altered, improved, restored, repaired,
ded or extended, provided that the number of units is not increased, however, this
for the conversion of apartments to air-
construction of a new residential structure which replaces a
at was destroyed or demolished within two years prior to the
g permit for the new residential structure, provided that the
ts is not increased from the number of residential units of the
emolished residential structure;
idential unit which is accessory as defined in Section 21.04.020
nt of which is deemed by the City to be in the public interest;
(5) Those residential units for which, consistent with this Chapter, an
d by the City, and a deed restriction
seholds of lower-income or moderate-
een issued as of the effective date of this Ordinance;
for which the
ance, the inclusionary
all be satisfied
ntative map for the
nt plan, planned unit
ermit or conditional
units, for which the application for said project ctive date of this ordinance. Projects of seven
approved prior to the effective date of this
approval, the processing of subsequent site
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development plans, shall be subject to the requirements of Chapter 21.85.060 and each
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housing impact fee.
dwelling unit will meet the inclusionary requirements by payment of an inclusionary
revision for the conversion of apartments to air-space condominiums, of seven (7) or
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which the application was deemed complete on or following the effective date of this
more dwelling units, approved after the effective date of this Ordinance,
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(4) Any residential planned unit development, site development plan,
ordinance. 6
ordinance, and is subsequently approved for extension after the effective date of this
conditional use permit, residential mobile home park permit or redevelopment permit for
seven (7) or more dwelling units, for which the application was deemed complete on or
8 following the effective date of this ordinance, and is subsequently approved for
amendment after the effective date of this Ordinance.
21.85.090, and 21.85.100, at the sole discretion of the final decision making authority lo of the City, the City may determine that an alternative to the construction of new
11 inclusionary units is acceptable, which shall be required to be processed through an
Affordable Housing Agreement, consistent with Section 21.85.160 of this Chapter.
pursuant to the standards of Section 21.85.070 (New Master/Specific Plans), Section 13 21.85.080 (Existing Master/Speciiic Plans), Section 21.85.090 (Residential Subdivisions),
and Section 21.85.100 (Mobile Home Parks), fractional units that result from the l4 formulas contained in these sections may be satisfied by the developer, at the discretion
15 of the developer, by either of the following alternatives:
(1) The fractional inclusionary unit shall be treated as a whole inclusionary
16 unit (Le.: any resulting fiaction shall be rounded up to the next larger integer) and the
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(2) Any residential tentative map revision, including a tentative map
(3) Any residential tentative map of seven (7) or more dwelling units, for 4
9 (b) Notwithstanding, any contrary provisions of Sections 21.85.070, 21.85.080,
12 (c) In determining the number of inclusionary units that are required to be built
inclusionary unit shall be built pursuant to the provisions of these sections, or
18 units otherwise required to be built pursuant to the provisions of these sections, but the
developer shall pay to the City, within 90 calendar days of the hearing date granting
19 !approval of the requested discretionary permits, an amount of money equal to the fraction
times the average subsidy needed to make affordable to a lower or moderate-income
20 household, as appropriate, one newly-constructed typical attached housing unit, as set
21 forth in Section 21.85.050 (b) of this Chapter.
17 (2) The fractional inclusionary unit shall not be included in the number of
22 21.85.050. In-lieu Contributions.
(a) For the following classes of residential projects or permits, for which the.
23 inclusionary housing requirement for lower-income households may be met by the
application was deemed complete on or after the effective date of this Ordinance, the
24 payment to the City of an in-lieu fee or other in-lieu contributions.
25 (1) Any residential project (i.e.; tentative map, tentative map for the
conversion of apartments to air-space condominiums, parcel map, planned unit
26 development, site development plan, conditional use permit, residential mobile home park
permit or redevelopment permit) of six (6) dwelling units or less, approved after the
27 effective date of this Ordinance.
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(2) hy residential tentative map or parcel map revision, including a
map revision for the conversion of apartments to air-space condominiums, of six
(3) Any residential tentative map or parcel map of six (6) dwelling u&s
r less, approved on or after the effective date of this Ordinance, and is subsequently
pproved for extension after the effective date of this Ordinance.
(4) Any residential planned unit development, site development plan,
idential mobile home park permit or redevelopment pennit for
ss, approved on or after the effective date of this Ordinance,
d is subsequently approved for amendment after the effective date of this Ordinance.
(5) Development of 6 (six) or fewer new mobile home pads in a mobile
approved on or after the effective date of this Ordinance.
(b) The in-lieu fee to be paid for each market-rate dwelling unit shall be 15
the subsidy needed to make affordable to a lower-income household one
cted, typical attached-housing unit. This subsidy shall be based upon the
termination of the average subsidy that would be required to make affordable
one-bath and three-bedroom/two-bath for-sale units and two-
bath and three-bedroodtwo-bath rental units, each with an assumed
nure of at least 30 years.
(c) The dollar amount and method of payment of the in-lieu fees shall be fixed
schedule adopted, from time to time, by resolution of the City Council. Said fee
be assessed against the market rate units/pads of a development.
(d) All in-lieu fees collected hereunder shall be deposited in a Housing Trust Fund.
be administered by the City and shall be used only for the purpose of
oviding funding assistance for the provision of affordable housing units consistent with
programs contained in the Housing Element of the General Plan.
(e) At the’discretion of the City Council, an irrevocable dedication of land or
tary contribution of a value not less than the sum of the otherwise
ired in-lieu fee may be accepted in-lieu of providing the required affordable housing
es. The valuation of any land offered in-lieu shall be determined by an
) dwelling.units or less, approved after the effective date of this Ordinance.
agreed upon by the City and the developer. Costs borne by the developer.
developer is authorized to pay a fee in-lieu of development
pproval of qualifying parcel, maps, tentative maps, site
lanned unit developments, residential mobile home park permits,
tional use permits listed in subsection 21.85.050(a) shall
a requirement to pay the in-lieu fee in an amount established by
Council in effect at the time of payment.
(g) As an alternative to paying required in-lieu fee(s), inclusionary housing
satisfied either through a combined inclusionary housing project,
suant to Section 21.85.110 of this Chapter or new construction of required
uant to Section 21.85.040 of this Chapter.
21.85.060. Inclusionarv Housing Impact Fee. asses of residential projects, for which .the application is ctive date of this Ordinance, the inclusionary housing come households may be met by the payment to the City of an
inclusionary housing impact fee. 28
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(1) Residential projects, of any size, establishing individual lots or dwelling
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conditional use permits, residential mobile home park permits, and redevelopment 2 to air-space condominiums, site development plans, planned unit developments,
units (i.e.; parcel maps, tentative maps, tentative maps for the conversion of apartments
3 permits), for which the application was accepted and deemed complete prior to the
effective date of this Ordinance.
4 of any size, for which all discretionary approvals, except site development plans, were (2) Single family residential projects, (i.e.: parcel maps and tentative maps)
5
effective date of this Ordinance. ' subsequently required as a condition of the prior approval and are approved after the
granted on or before the effective date of this Ordinance and site development plans are
7 (3) Any residential tentative map or parcel map revision, including a
tentative map revision for the conversion of apartments to air-space condominiums, of any
8 size, approved on, before or after the effective date of this Ordinance.
(4) Any residential tentative map or parcel map for which the application 9 was deemed complete before the effective date of this Ordinance, which was approved
on, before or after the effective date of this Ordinance, and is subsequently approved for lo extension on, before, or after the effective date of this Ordinance.
11 (5) Any residential planned unit development, site development plan,
conditional use permit, residential mobile home park permit or redevelopment permit, for
12 which the application was deemed complete before the effective date of this ordinance,
which was approved on, before, or after the effective date of this Ordinance, and is
Ordinance.
l3 subsequently approved for amendment on, before, or after the effective date of this
14 (b) Those residential projects which were approved on or before the effective date
15 fees shall instead pay a housing impact fee, in accordance with this Section.
of this Ordinance, and for which a condition of approval was to pay inclusionary in-lieu
16 (c) The housing impact fee to be paid for each market-rate dwelling unit shall be
15 percent of the subsidy needed to make affordable to a lower-income household the I? market-rate rent at a typical existing apartment for a period of 30 years. This subsidy
18 shall be based upon the City's determination of the average subsidy that would be
required to make affordable rents for typical one-, two-, three-, and four-bedroom
19 apartments. The average subsidy shall be weighted for the actual demand for housing,
by number of bedrooms, as determined by the applications for lower-income affordable 20 housing qualified and approved by the City.
(d) The dollar amount of the inclusionary housing impact fee shall be fixed by a 21 schedule adopted, from time to time, by resolution of the City Council. Said fee shall be
22 assessed against the market rate units of a development.
(e) The inclusionary housing impact fee shall be paid, as an individual fee, on a
23 per market-rate dwelling unit basis at the time of building permit issuance, or prior to the
recordation of final map and/or issuance of certificate of compliance for conversions of 24 existing apartments to airspace condominiums.
(f) All housing impact fees collected hereunder shall be deposited in a Housing 25 Trust Fund. Said fund shall be administered by the City and shall be used only for the
26 purpose of providing funding assistance for the provision of affordable housing units
consistent with the policies and programs contained in the Housing Element of the
27 General Plan.
28 I/ ll 11
0 *
21,85,070, Reg-dations for New Master Plans or Snecific Plans. (Approved after
1 the effective date of this Ordinance.)
(a) "is Chapter requires the following: 2 (1) Not less than fifteen percent (15%) of all base residential units in any
3
4
5
6
7
new master plan or specific plan shdl be set aside for occupancy by and shall be
affordable to lower-income households; and
(2) Not less than five percent (5%) of all base residential units in any new
master plan or specific plan community shall be set aside for sale to and shall be affordable to moderate-income first-time home buyers.
(b) For those developments which are required to provide ten or more units
affordable to lower income households, at least ten percent of the lower income units
shall have three or more bedrooms.
(c) The inclusionary housing requirement for lower-income and moderate-income "
8
with the exception that any resulting fractional inclusionary unit may be satisfied through 9 the City of an in-lieu fee, other in-lieu contributions or inclusionary housing impact fee,
households in a new master plan or new specific plan may not be met by the payment to
the payment of a fee, as set forth in Section 21.85.040(c) of this Chapter. 10 (d) All new master plans and specific plans are required by this Chapter to provide
11 an Inclusionary Housing Plan within the master plan or specific plan document. This
13 establish, as a minimum, but not be limited to, the following:
establish the basic framework for implementing the requirements of this Chapter. It shall 12
Inclusionary Housing Plan will include appropriate text, maps, tables, or figures to
(3) The designated sites for the location of the inclusionary units, including
income households over the entire master plan or specific plan; 15
(2) The number of required inclusionary units for lower and moderate-
(1) The total number of base residential units of the master plan or specific
16 but not limited to any sites for locating off-site inclusionary housing projects or combined
17 (4) A phasing schedule for production of inclusionary units; and
18 (5) A general provision stipulating that an Affordable Housing Agreement
shall be made a condition of all future discretionary permits for development within the
19 1 Master or Specific Plan area (i.e. tentative maps, parcel maps, planned unit developments ' and site development plans). The provision shall establish that all relevant terms and
20 conditions of any Affordable Housing Agreement shall be filed and recorded as a deed
restriction on those individual lots or units of a project which are designated for the 21 location of inclusionary units. The Affordable Housing Agreement shall be consistent with
22 Section 21.85.160 of this Chapter. (6) The location and phasing of inclusionary dwelling units may be
23 modified as a minor amendment to the Master Plan pursuant to Section 21.38.120 of this
Title. 24 (e) For the purpose of determining the number of required lower-income
25 inclusionary units and moderate-income inclusionary units in new master plans and
specific plans, the following standards shall apply:
26 (1) The number of required lower-income inclusionary units shall be
obtained by the following formula:
14 plan;
inclusionary housing projects;
27 Lower-Income Inclusionary udts = "base" x 0.15.
28 1 II 12. II
// e a
(2) The number of required moderate-income inclusionary dts shall be
1
2
obtained by the following formula:
3
(f) The base for a new master plan or specific plan is determined by multiplying
Moderate-Income Inclusionary units = "base" x 0.05.
the net developable acreage of the project site times the growth management control
point(s) for the project site's applicable general plan designation(s). If in the course of
4 reviewing a new master plan or specific plan, the final decision making authority of the
City determines that the base residential yield of the new master plan or specific plan
5, cannot be achieved because of environmental constraints or regulatory considerations (Le.
zoning standards or design guidelines of the City), the base shall be equal to the 6 maximum number of units actually achievable with the consideration of such
7 environmental constraints and regulatory considerations. If a density bonus is or
subsequently becomes awarded, the increased density is not included in the base when
8 determining the number of required inclusionary units relative to the base project yield.
9 21.85.080. Redations for Existing Master Plans and Specific Plans. (Approved
on or before the effective date of this Ordinance.) 10 (a) This Chapter requires the following:
11 (1) Not less than fifteen percent (15%) of all base residential units in any
existing master plan or specific plan shall be set aside for occupancy by and shall be
12 affordable to lower-income households; and
shall have three or more bedrooms.
affordable to lower-income households, at least ten percent of the lower-income units 35
(b> For those developments which are required to provide ten or more units 14
existing master plan or specific plan community shall be set aside for sale to and shall be 13 (2) Not less than five percent (5%) of all base residential units in any
16 (c) Ml existing master plans or specific plans proposed for major amendment,
pursuant to Section 21.38.120 of this Code, shall incorporate into the amended master I? plan or specific plan document an Inclusionary Housing Plan, consistent with Section
18 21.85.070 (d) of this Chapter.
(d) Consistent with Sections 21.85.040 and 21.85.050 of this Chapter, certain
19 classes of projects or permits within an existing master plan or specific plan may satisfy
their inclusionary housing requirement for lower-income and moderate-income households
20 through the payment to the City of an in-lieu fee or other in-lieu contributions.
(e) Consistent with Section 21.85.060 of this Chapter, certain classes of projects 21 or permits within an existing master plan or specific plan may satisfy their inclusionary
22 housing requirement through the payment of an inclusionary housing impact fee.
(f) For the purpose of determining the number of required lower-income
23 inclusionary units and moderate-income inclusionary units in an existing master plan or
24 (1) The number of required lower-income inclusionary units shall be
25 Lower-Income Inclusionary units = "base" x 0.15.
26 (2) The number of required moderate-inrome inclusionary units shall be
27 Moderate-Income Inclusionary units = "base" x 0.05.
affordable to moderate-income first-time home buyers.
specific plan, the following standards shall apply:
obtained by the following formula:
obtained by the following formula:
28
II
13
0 0
(9) The base for an existing master plan or existing specific plan shall be equal
1
master plan or specific plan. If a density bonus is or subsequently becomes awarded, the 2 master plan or specific plan for all phases or individual developments within the existing
to the sum of the maximum number of dwelling units permitted under that existing
3 increased density is not included in the base. when determining the number of required
4 specific plan phases and developments shall not be less than the maximum number of dwelling units permitted for that phase or development in the existing master plan or
5 specific plan, except for the following specific development phases of an existing master
plan or specific plan: 6 (1) Where building permits were issued, on or before the effective date
7 of this Ordinance, for the construction of new dwelling units approved in a master plan
or specific plan phase or individual development area, the number of dwelling units
8 approved via said permits shall be subtracted from the base as otherwise determined for
that phase or individual development.
residential lots or dwelling units) for any phase or individual development area of a lo master plan or specific plan was either approved, on or before the effective date of this
11 Ordinance, or the application for said tentative map was received and deemed complete
by the Planning Department, before the effective date of this ordinance, and the number
12 of approved dwelling units is less than the maximum number of dwelling units permitted in the master plan or specific plan, then the base shall be equal to the number of dwelling 13 units actually approved on the tentative map or final map for that phase or individual
14 development of the master plan or specific plan.
(3) For any phase or individual development area of a master plan or
15 specific plan for which a tentative map (which establishes individual residential lots or
dwelling units) has not been approved, on or before the effective date of this ordinance,
16 the base shall be equal to the maximum number of dwelling units permitted under that
master plan or specific plan for that phase or individual development area. If in the 17 course of reviewing a phase or individual development area of a master or specific plan,
18 the final decision making authority of the City determines that the maximum number of
dwelling units permitted for a phase or individual development area of a master plan or
19 /specific plan cannot be achieved because of environmental constraints or regulatory
considerations (i.e, zoning standards or design guidelines of the City), the base shall be 20 iequal to the maximum number of units actually achievable with the consideration of such
21 /environmental constraints and regulatory considerations.
(h) An Affordable Housing Agreement shall be made a condition of all future
22 discretionary permits for development within the master or specific plan. area (i.e.
tentative maps, parcel maps, planned unit developments and site development plans). The
23 relevant terms and conditions of the Affordable Housing Agreement shall be filed and
recorded as a deed restriction on those individual lots or units of a project which are 24 designated for the location of inclusionary units. The Affordable Housing Agreement shall
25 be consistent with Section 21.85.160 of this Chapter.
26 21.85.090. Regulations for Residential Subdivisions Not Subject to Master Plan
inclusionary units relative to the base project yield. The base for existing master plan or
9 (2) Where a tentative map or final map (which establishes individual
or Specific Plan.
27 (a) This Chapter requires the following:
28
14
e 0
11
(1) Not less than Meen percent (15%) of all base residential units in any
1 residential subdivision shall be set- aside for occupancy by and shall be affordable to
lower-income households.
residential subdivisions may satisfy their inclusionary housing requirement for lower- 3
4
income households through the payment to the City of an in-lieu fee or other in-lieu
(c) Consistent with Section 21.85.060 of this Chapter, certain residential
contributions.
5 subdivisions may satisfy their inclusionary housing requirement through the payment to
6 (d) For the purpose of determining the number of required lower-income
7 (1) The number of required lower-income inclusionary units shall be
8 obtained by the following formula:
2 (b) Consistent with Sections 21.85.040 and 21.85.050 of this Chapter, certain
the City of an inclusionary housing impact fee.
inclusionary units the following standards shall apply:
Lower-Income Inclusionary units = "base" x 0.15.
9 (e) For those developments which are required to provide ten or more units
affordable to lower-income households, at least ten percent of the lower-income units lo
11
shall have three or more bedrooms.
(f) The base for a residential subdivision is determined by multiplying the net
developable acreage of the project site times the growth management control point(s) for
12 the project site's applicable general plan designation(s). If in the course of reviewing a
residential subdivision project, the final decision making authority of the City determines 13 that the base residential yield of the project site cannot be achieved because of
14 environmental constraints or regulatory considerations (i.e. zoning standards or design
guidelines of the City), the base shall be equal to the maximum number of units actually
15 achievable with the consideration of such environmental constraints and regulatory
considerations. If a density bonus is or subsequently becomes awarded, the increased
16 density is not included in the base when determining the number of required inclusionary
units relative to the base project yield.
18 date of this ordinance, or the application for said residential subdivision was received and
deemed complete by the Planning Department, before the effective date of this ordinance,
19 and the number of approved dwelling units is less than the base number of dwelling units
achievable, than the base shall be equal to the number of dwelling units actually 20 approved on the residential subdivision.
(h) An Affordable Housing Agreement shall be made a condition of the 21 discretionary permits for development of the residential subdivision (i.e. tentative maps,
22 parcel maps, planned unit developments and site development plans). The relevant terms
and conditions of the Affordable Housing Agreement shall be filed and recorded as a deed
23 restriction on those individual lots or units of a project which are designated for the
location of inclusionary units. The Affordable Housing Agreement shall be consistent 24 with Section 21.85.160 of this Chapter.
25
17 (8) Where a residential subdivision was either approved on or before the effective
21.85.100. Redations for Mobile Home Parks.
26 (a) This Chapter requires the following:
and/or pads in any mobile home park shall be set aside for occupancy by and shall be ' 27 (1) Not less than fifteen percent (15%) of all base mobile home coaches
28 affordable to lower-income households.
li 15
!I e e
(b) The development of (6) six or fewer new mobile home pads in a mobile home
1 park may meet their inclusionary housing requirement for lower-income households by
the payment to the City of an in-lieu fee or other in-lieu contributions, consistent with 2 Sections 21.85.040 and 21.85.050 of this Chapter.
3 (c) ' For the purpose of determining the number of required lower-income
inclusionary units the following standards shall apply:
obtained by the following formula: 4
shall have three or more bedrooms. 7
affordable to lower-income households, at least ten percent of the lower-income units 6 (d) For those developments which are required to provide ten or more units
Lower-Income Inclusionary units = "base" x 0.15. 5
(1) The number of required lower-income inclusionary units shall be
(e) The base for a mobile home development is determined by multiplying the net
8 developable acreage of the project site times the growth management control point(s) for
the project site's appiicable general plan designation(s). If in the course of reviewing a 9 mobile home project, the final decision making authority of the City determines that the
base residential yield of the project site cannot be achieved because of environmental lo constraints or regulatory considerations (i.e. zoning standards or design guidelines of the
11 City), the base shall be equal to the maximum number of units actually achievable with
the consideration of such environmental constraints and regulatory considerations. If a
12 density bonus is or subsequently becomes awarded, the increased density is not included
in the base when determining the number of required inclusionary units relative to the l3 base project yield.
14 (f) An Affordable Housing Agreement shall be made a condition of the
discretionary permits for development of the mobile home park (i.e. tentative maps,
15 residential mobile home park permits, or conditional use permits). The relevant terms and
conditions of the Affordable Housing Agreement shall be filed and recorded as a deed
16 restriction on those individual pads or units of a project which are designated for the
location of inclusionary units. The Affordable Housing Agreement shall be consistent with l' Section 21.85.160 of this Chapter.
18 21.85.110. Combined Inclusionary Housing Proiects.
19 I Circumstances may arise from time to time in which the public interest would be
'served by allowing some or all of the inclusionary units associated with one residential 20 project site to be produced and operated at an alternative site or sites. Where the parties
linked project sites shall be considered to be a single combined inclusionary housing 21 in interest to the sites and the City form an agreement to such an effect, the resulting
shall be made a part of the Housing Agreement (Section 21.85.160 of this Code) required 24 Au agreements between parties to form a combked inclusionary housing project
to form a combined inclusionaxy housing project. 23
to determine whether or not it is in the public interest to authorize the residential sites
project. It is the exclusive prerogative of the final decision making authority of the City 22
25 /for the sites.
26 21.85.120. Affordable Housin~ Standards.
28
Chapter 2'1.86 (Residential Density Bonus) of this Code, all residential projects are subject 2'7 (a) Notwithstanding a developer's request to process a residential project under
to and must satisfy the inclusionary housing requirements of this Chapter.
/I 16
I1 0 0 I1
(b) The required inclusionary units shall be constructed concurrent with market
1 rate units unless both the final decision making authority of the City and developer agree within the Affordable Housing Agreement to an alternative schedule for development. 2 (c) Inclusionary units shall remain restricted and affordable to the designated
3 income group for a minimum period of thirty (30) years, (d) Inclusionary units should be built on-site and whenever reasonably possible,
4 be distributed throughout the project site.
(e) In certain cases where a combined inclusionary housing project is proposed, 5 the inclusionary units may be provided on a site separate from the site of the market-rate
units. Construction of the inclusionary units is, limited to sites within the same City 6 quadrant in which the market-rate units are located. However, in the event that two
7 properties abut a road, which forms a quadrant boundary, and the two properties are
contiguous, except for the presence of the road, then the inclusionary housing
8 requirements of either property may be provided on the other property. Where the
required inclusionary units are located within a master or specific plan area, the first
9 priority for location of the alternative site is within the same master or specific plan,
followed by the same Local Facilities Management Zone. In the event that a Local lo Facilities Management Zone crosses City'quadrants, the required inclusionary units shall
11 be located within the same City quadrant in which the market-rate units are located.
(f) Inclusionary units restricted for lower-income households should be located on
12 sites that are in proximity to or will provide access to employment opportunities, urban
services, or major roads or other transportation and commuter rail facilities (i.e. freeways, 13 bus lines) and that are compatible with adjacent land uses.
14 (g) With the approval of the final decision making authority of the City, the
developer/applicant may reduce both the size and amenities of the inclusionary units
15 provided that all units conform to the requirements of the applicable building and housing
codes. The design of the inclusionary units shall be reasonably consistent or compatible
16 with the design of the total project development in terms of appearance, materials and
finished quality.
number of bedrooms) in response to affordable housing demand priorities of the City,
whenever feasible.
a development which does not meet the requirements of this chapter. No inclusionary
17
I (i) No building permit shall be issued, nor any development approval granted for 19
(h) Inclusionary projects shall provide a mix of affordable dwelling units (by
18
20
21
unit shall be rented or sold except in accordance with this chapter.
21.85.130. ExDiration of Affordability Tenure.
22 (a) At the end of the minimum thirty year tenure for a rental inclusionary housing
project or for-sale inclusionary unit, a notice of expiration for the inclusionary rental
23 project or for-sale inclusionary unit shall be prepared by the property owner and
24 submitted to the Housing and Redevelopment Director. Within ninety (90) days of the
notification of expiration for the inclusionary rental project or for-sale inclusionary unit,
the City or its designee has the first right of refusal to buy the inclusionary rental project 25 or for-sale inclusionary unit for the purpose of providing affordable housing. Under this
26 option, the City or its designee will make a good faith effort to close escrow within 90
days. The sales price of the rental project of for-sale unit(s) shall be the fair-market
27 appraised value at the time of sale, assuming continued affordability restrictions. The fair
market valuation of the inclusionary rental project or for-sale inclusionary unit shall be 28
17'
If
ll 0 0
determined by an appraisal made by an agent mutually agreed upon by the Chy and the
1 property owner. Costs associated with the appraisal shall be borne by the property
3
owner.
purchase the inclusionary rental project or for-sale inclusionary unit within ninety (90)
days of notification of expiration for the inclusionary rental project or for-sale
4 inclusionary unit, then the units may be converted to market-rate units under the
5 following circumstances:
rental units to market-rate units shall give notice of such intent, via registered mail, to 6 each affected tenant household and to the City Clerk. Said notice shall be given at least
7 one hundred eighty (180) days prior to the date proposed for conversion to market-rate
2 (b) If the City or its designee fails to exercise its option of first right of refusal to
(1) The management of the complex intending to convert inclusionary
rents; and
8 relocation assistance in an amount equal to four (4) months rent, said assistance to be
(2) Each affected tenant household shall be eligible to receive rental
days prior to conversion to market-rate rents.
9 provided by the owner/management company and paid to the tenant at least,sixty (60)
10
11 21.85.140. Incentives to Offset the Cost of Affordable Housing DeveloDment.
The inclusionary housing regulations established by this Chapter are a portion of
12
l3 construction of residential developments in the City of Carlsbad. The City shall in good
the requirements which must be met by parties wishing City approvals for the
faith consider making available to the development industry incentives or financial
14 assistance to enable residential projects to provide affordable housing to lower and
moderate-income households. Incentives or financial assistance will be offered by the City
15 to the extent that resources for this purpose are available to the City and approved for
such use by the City Council, and to the extent that the residential projects, with the use
16 of incentives or financial assistance, assists in achieving the City's housing goals. To the
degree that the City makes available programs to provide incentives or financial assistance I.7' to the development industry, developers may make application for such incentives or
18 assistance. However, nothing in this Chapter establishes, directly or through imp&ation,
a right for a developer to receive any assistance or incentive from the City or any other
19 party or agency to enable himher to meet the obligations established by this Chapter.
Projects are entitled to density bonuses and/or other incentives in accordance with 20 provisions of state law, pursuant to the provisions of Chapter 21.86. of this code. Any
incentives provided by the final decision making authority of the City and the allowable 21 housing expenses established by the final decision making authority of the City shall be
22 set out within the Affordable Housing Agreement pursuant to Section 21.85.160.
Furthermore, developers are encouraged to utilize local, state or federal assistance, when
23 available, to meet the affordability standards set forth in Section 21.85..020 (1).
24 21.85.150. Preliminarv Proiect Amlication and Review Process.
25 (a) An applicant/developer proposing an inclusionary housing project, shall submit
a preliminary application to the Planning Director prior to the submittal of any formal
26 applications for such housing development. The preliminary application shall include the
following information: 27 ...
28 /I II 18
II 0 a
I/
(1) A brief description of the proposal 'including the number of
(2) The Zoning, General Plan designations and assessors parcel 2
3
number(s1 of the project site;
4
driveway and parking layout, building elevations, existing contours and proposed grading;
(3) A site plan, drawn to scale, which includes: building footprints,
(4) A letter identifying what specific incentives (i.e.; standards
and
5 modifications, density bonus or fee subsidies) are being requested of the City. Justification
6 (b) Within thirty days of receipt of the preliminary application by the Planning
7 Director for projects not requesting incentives or financial assistance, or ninety days for
projects requesting incentives or financial incentives, the department shall provide to an
8 applicant/developer, a letter which identifies project issues of concern, the incentives
and/or financial assistance that the Planning Director can support when making a 9 recommendation to the final decision-making authority, and the procedures for
compliance with this Chapter. The applicant shall also be provided with a copy of this lo Chapter and related policies, the pertinent sections of the California Codes to which
11 reference is made in this Chapter and all required application forms.
12 21.85.1 60. Inclusion of Affordable Housinn Aneement as a Condition of
1 inclusionary units proposed;
for each incentive request should also be included.
Development.
13 j( (a) Applicants/developers, subject to-this Chapter, shall demonstrate compliance
14 with this Chapter by the preparation and approval of an Affordable Housing Agreement. A draft Affordable Housing Agreement shall be submitted by the applicant to the City.
15 The terms of the draft Agreement shall be reviewed by the Planning Director and Director
of Housing and Redevelopment, who shall formulate a recommendation and refer the
16 matter to the Community Development Director or his designee for final approval.
Following the approval and the signing by all parties the completed Affordable Housing I.7 Agreement shall be recorded, and the relevant terms and conditions therefrom filed and
18 recorded as a deed restriction on those individual lots or units of a property which are
designated for the location of affordable unit. The approval and recordation shall take
19 place prior to final map approval or, where a map is not being processed, prior to the issuance of building permits for such lots or units. The Affordable Housing Agreement 20 shall be binding to all future owners and successors in interest.
(b) An Affordable Housing Agreement, for which the inclusionary housing 21 requirement will be satisfied through new construction of inclusionary units, either on-
22 site, off-site or through a combined inclusionary housing project, shall establish, but not
23 (1) The number of inclusionary dwelling units proposed;
24 number of bedrooms per inclusionary dwelling unit;
25
26 (5) Schedule for production of dwelling units;
27 ...
be limited to, the following:
(2) Tke unit size(s> (square footage) of the inclusionary units and the
(3) The proposed location of the inclusionary units;
(4) Tenure of affordability for inclusionary units (30 year minimum);
(6) Incentives and/or financial assistance provided by the City;
28 11 ll 19
e 0
1
2
3
4
(7) Where applicable, terms and conditions establishing rules and
procedures for qualifving tenants, setting rental rates, filling vacancies, and operating and
maintaining units for affordable inclusionary dwelling units; and
(8) Where applicable, terms and conditions governing the initial sale of for-
sale inclusionary units.
(c) An Affordable Housing Agreement, for which the inclusionary housing
requirement will be satisfied through payment to the City of any in-lieu contributions
other than fee monies (i.e. land dedication) shall be required to include the following:
5
(d) An Affordable Housing Agreement will not be required for projects which will 7
(1) The method, schedule and value of total in-lieu contributions; and-
(2) A determination of otherwise required per market-rate dwelling unit 6 in-lieu fees as established by the schedule in effect at the time of payment.
be satisfying their inclusionary housing requirement through payment to the City of an
8 in-lieu fee or inclusionary housing impact fee.
9 21.85.1 70. Inclusionarv Housinn Resale Ameement.
All buyers of for-sale inclusionary units shall enter into an Inclusionary Housing lo Resale Agreement with the City's Housing Authority prior to purchasing the unit or
11 property. The Resale Agreement shall specify that the title to the subject unit or property
12
13 Only households meeting the standards for designated lower and moderate income
14
15 21.85.190. . Mananement and Monitorinn.
(a) Inclusionary rental units shall be managed/operated by the owner of the units
16 or his or her agent. Each owner of inclusionary rental units shall submit an annual report
to the City identifying which units are inclusionary units, the monthly rent, vacancy I' information for each inclusionary rental unit for the prior year, monthly income for
18 tenants of each inclusionary rental unit throughout the prior year, and other information
as required by the City, while ensuring the privacy of the tenant.
19
may not be transferred without prior approval of the City's Housing Authority.
21 -85.180. Eliaibility Requirements.
groups as defined in Section 21.85.020 shall be eligible to occupy inclusionary units.
21.85.200. Administrative Fee for Inclusionarv Housinn. 20 Over the minimum thirty-year tenure of projects containing inclusionary housing
21 units the City will either directly or, via one or more third parties, provide a number of recurring services associated with the administration and monitoring of inclusionary units.
22 Although the provision of some of these services will be within the normal purview of
existing City activities, others will involve new costs to the City for which there are no
23
administrative costs. Therefore, the City Council hereby establishes an administrative fee 24 necessary to require the builders/owners of residential projects to share in these
existing funding sources. Unless and until alternative funding sources are identified it is
25 for inclusionary housing, the amount to be established by City Council resolution and paid
prior to the issuance of building permit(s).
26
27 ...
28
20
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21,85,210. Collection of fees.
1 All fees collected under this Chapter shall be deposited into a Housing Trust Fund
and shall be expended only for the affordable housing needs of lower and moderate- 2
3
income households, consistent with the purpose of this Chapter.
21.85.220. SeDarabilitv of Provisions.
4
circumstances is held invalid, the remainder of the chapter and the application of the
If any provision of this chapter or the application thereof to any person or
provision to other persons not similarly situated or to other circumstances shall not be 5
6 affected thereby.
7 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption,
8 and the City Clerk shall certify to the adoption of this ordinance and cause it to be
9 published at least ' once in the Carlsbad Journal within fifteen days after its adoption.
10
11
12
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
on the day of 3 19- and thereafter. I( PASSED AND ADOPTED at a regular meeting of the City Council of the City of 13
14
15
19
18
17
NOES: 16
AYES:
Carlsbad on the day of J '9- by the following vote, to wit:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
I
20
21
22
RONALD R BALL, City Attorney
23 li CLAUDE A. LEWIS, Mayor
24
25
ATTEST:
26
27
ALETHA L, RAUTENKRANZ, City Clerk
28
ll 21