HomeMy WebLinkAbout2006-02-01; Planning Commission; Resolution 58791 PLANNING COMMISSION RESOLUTION NO. 5879
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO AMEND
4 THE DENSITY BONUS AND INCLUSIONARY HOUSING
REGULATIONS IN THE ZONING ORDINANCE TO ENSURE
THE DENSITY BONUS REGULATIONS ARE CONSISTENT
6 WITH STATE LAW, AND THAT THE DENSITY BONUS AND
INCLUSIONARY HOUSING REGULATIONS ARE
7 COMPATIBLE.
CASE NAME: DENSITY BONUS AMENDMENT
8 CASE NO.: ZCA04-1Q
9 WHEREAS, in accordance with Section 21.52.020 of the Carlsbad Municipal
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Code, the Planning Director has prepared an amendment to Title 21 of the Municipal Code
(Zoning Ordinance) relating to density bonus and inclusionary housing regulations; and
13 WHEREAS, the proposed amendment is set forth in the draft City Council
14 Ordinance, Exhibit "X," dated February 1, 2006, and attached hereto DENSITY BONUS
15 AMENDMENT - ZCA 04-10; and
WHEREAS, the Planning Commission did on the 1st day of February 2006, hold
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a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
2Q and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by
21 staff, and considering any written comments received, the Planning Commission considered all
22 factors relating to the Zone Code Amendment.
23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
24 Commission as follows:
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A) That the foregoing recitations are true and correct.26
27 B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of DENSITY BONUS
28 AMENDMENT - ZCA 04-10, based on the following findings:
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Findings:
1. The proposed Zone Code Amendment, ZCA 04-10, is consistent with the General Plan in
that the density bonus regulations assist in achieving the Housing Element goals and
objectives to implement State density bonus law, and to provide housing to "groups
with special needs, including low and moderate income households". The density
bonus regulations directly implement State density bonus law, and provide
incentives to developers to build housing for senior citizens, and housing affordable
to lower, very low, or moderate income households.
2. The proposed Zone Code Amendment, ZCA 04-10, reflects sound principles of good
planning in that it: a) ensures consistency with State law; b) implements the goals and
objectives of the General Plan; and c) ensures internal consistency between the
Density Bonus and Inclusionary Housing regulations within the Zoning Ordinance.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of February 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Baker, Cardosa, Segall,
and Whitton
ABSENT: Commissioner Dominguez and Heineman
ABSTAIN:
MARTECL B. MONTGOMERY, lOTirperson
CARLSBAD PLANNING COMMBSION
ATTEST:
DON NEU
Assistant Planning Director
PCRESONO. 5879 -2-
Exhibit "X"
February 1, 2006
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
3 MUNICIPAL CODE BY AMENDING THE DENSITY BONUS AND
INCLUSIONARY HOUSING REGULATIONS IN THE ZONING
4 ORDINANCE TO ENSURE THE DENSITY BONUS
REGULATIONS ARE CONSISTENT WITH CALIFORNIA
5 GOVERNMENT CODE SECTIONS 65915 THROUGH 65917,
AND THAT THE DENSITY BONUS AND INCLUSIONARY
6 HOUSING REGULATIONS DO NOT CONFLICT.
CASE NAME: DENSITY BONUS AMENDMENTS
7 CASE NO.: ZCA 04-10/LCPA 04-17
8 The City Council of the City of Carlsbad, California does ordain as follows:
9 SECTION 1: That the list of sections at the beginning of Chapter 21.85 is
10 amended to read as follows:
11 Sections:
21.85.010 Purpose and intent.
12 21.85.020 Definitions.
21.85.030 Inclusionary housing requirement.
21.85.035 New master plans or specific plans.
21.85.040 Affordable housing standards.
21.85.050 Calculating the required number of inclusionary units.
21.85.060 Inclusionary credit adjustment.
21.85.070 Alternatives to construction of inclusionary units.
21.85.080 Combined inclusionary housing projects.
21.85.090 Creation of inclusionary units not required.
21.85.100 Offsets to the cost of affordable housing development.
17 21.85.110 In-lieufees.
21.85.120 Collection of fees.
21.85.130 Preliminary project application and review process.
21.85.140 Affordable housing agreement as a condition of development.
21.85.145 Agreement processing fee.
«„ 21.85.150 Agreement amendments.
21.85.155 Expiration of affordability tenure.
21.85.160 Pre-existing approvals.
21.85.170 Enforcement.
22 21.85.180 Savings clause.
21.85.190 Separability of provisions.
23 SECTION 2: That Section 21.85.010.A.1 of the Carlsbad Municipal Code is amended to
24 read as follows:
25 1. Require that a minimum of fifteen (15%) percent of all approved residential
development be restricted to and affordable to lower-income households; subject to adjustment
based on the granting of an inclusionary credit;
27 SECTION 3: That Section 21.85.020 of the Carlsbad Municipal Code is amended
28 to read as follows:
1 21.85.020 Definitions.
Whenever the following terms are used in this chapter, they shall have the meaning
2 established by this section:
A. "Affordable housing" means housing for which the allowable housing expenses
3 paid by a qualifying household shall not exceed a specified fraction of the county median
income, adjusted for household size, as follows:
4 1. Extremely low-income, rental or for-sale units: the product of 30% times 30% of
the county median income, adjusted for household size;
5 2. Very low-income, rental and for-sale units: the product of 30% times 50% of the
county median income, adjusted for household size;
6 3. Low-income, for-sale units: the product of 30% times 70% of the county median
income, adjusted for household size; and
7 4. Low-income, rental units: the product of 30% times 60% of the county median
income, adjusted for household size.
8 B. "Affordable housing agreement" means a legally binding agreement between a
developer and the city to ensure that the inclusionary requirements of this chapter are satisfied.
9 The agreement establishes, among other things, the number of required inclusionary units, the
unit sizes, location, affordability tenure, terms and conditions of affordability and unit production
10 schedule.
C. "Allowable housing expense" means the total monthly or annual recurring
11 expenses required of a household to obtain shelter. For a for-sale unit, allowable housing
expenses include loan principal and interest at the time of initial purchase by the homebuyer,
12 allowances for property and mortgage insurance, property taxes, homeowners association dues
and a reasonable allowance for utilities as defined by the Code of Federal Regulations
(24CFR982). For a rental unit, allowable housing expenses include rent and a utility allowance
as established and adopted by the city of Carlsbad housing authority, as well as all monthly
payments made by the tenant to the lessor in connection with use and occupancy of a housing
unit and land and facilities associated therewith, including any separately charged fees, utility
charges, or service charges assessed by the lessor and payable by the tenant.
D. "Affordable housing policy team" shall consist of the community development
director, planning director, housing and redevelopment director, administrative services
director/finance director, and a representative of the city attorney's office.
17 E. "Combined inclusionary housing project" means separate residential
development sites which are linked by a contractual relationship such that some or all of the
inclusionary units which are associated with one development site are produced and operated
at a separate development site or sites.
F. "Conversion" means the change of status of a dwelling unit from a purchased
»~ unit to a rental unit or vice versa.
G. "Density bonus" shall have the same meaning as defined in Section
21 21.86.020.A.7 of this title.
H. "Extremely low-income household" means those households whose gross
22 income is equal to or less than thirty (30%) percent of the median income for San Diego County
as determined by the U.S. Department of Housing and Urban Development.
I. "Financial assistance" means assistance to include, but not be limited to, the
subsidization of fees, infrastructure, land costs, or construction costs, the use of redevelopment
set-aside funds, community development block grant (CDBG) funds, or the provision of other
direct financial aid in the form of cash transfer payments or other monetary compensation, by
the city of Carlsbad.
J. "Growth management control point" shall have the same meaning as provided in
26 Chapter 21.90, Section 21.90.045 of this title.
K. "Incentives or concessions" shall have the same meaning as defined in Section
21.86.020.A.7 of this title.27
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1 L. "Inclusionary credit" means a reduction in the inclusionary housing requirement
granted in return for the provision of certain desired types of affordable housing or related
2 amenities as determined by the city council.
M. "Inclusionary housing project" means a new residential development or
3 conversion of existing residential buildings which has at least fifteen (15%) percent of the total
units reserved and .made affordable to lower-income households as required by this chapter.
4 N. "Inclusionary unit" means a dwelling unit that will be offered for rent or sale
exclusively to and which shall be affordable to lower-income households, as required by this
5 chapter.
O. "Income" means any monetary benefits that qualify as income in accordance with
6 the criteria and procedures used by the city of Carlsbad housing and redevelopment department
for the acceptance of applications and recertifications for the Tenant Based Rental Assistance
7 Program, or its successor.
P. "Low-income household" means those households whose gross income is more
8 than fifty (50%) percent but does not exceed eighty (80%) percent of the median income for San
Diego County as determined annually by the U.S. Department of Housing and Urban
9 Development.
Q. "Lower-income household" means low-income, very low-income and extremely
10 low-income households, whose gross income does not exceed eighty (80%) percent of the
median income for San Diego County as determined annually by the U.S. Department of
11 Housing and Urban Development.
R. "Market-rate unit" means a dwelling unit where the rental rate or sales price is not
12 restricted either by this chapter or by requirements imposed through other local, state, or federal
affordable housing programs.
s. "Offsets" means concessions or assistance to include, but not be limited to, direct
financial assistance, density increases, standards modifications or any other financial, land use,
or regulatory concession which would result in an identifiable cost reduction enabling the
provision of affordable housing.
j. "Residential development" means any new residential construction of rental or
for-sale units; or development revisions, including those with and without a master plan or16 specific plan, planned unit developments, site development plans, mobilehome developments
and conversions of apartments to condominiums, as well as dwelling units for which the cost of
*' shelter is included in a recurring payment for expenses, whether or not an initial lump sum fee is
also required.
U. "Target income level" means the income standards for extremely low, very low
and low-income levels within San Diego County as determined annually by the U.S. Department
of Housing and Urban Development, and adjusted for family size.
-„ V. "Total residential units" means the total units approved by the final decision
making authority. Total residential units are composed of both market rate units and inclusionary
units.
W. 'Very low-income household" means a household earning a gross income equal
22 to fifty (50%) percent or less of the median income for San Diego County as determined
annually by the U.S. Department of Housing and Urban Development.
23 SECTION 4: That Section 21.85.040.A of the Carlsbad Municipal Code is
amended to read as follows:
25 A. All residential developments are subject to and must satisfy the inclusionary
housing requirements of this chapter, notwithstanding a developer's request to process a
residential development under other program requirements, laws or regulations, including but
27 not limited to Chapter 21.86 (Residential Density Bonus) of this code. If an applicant seeks to
construct affordable housing to qualify for a density bonus in accordance with the provisions of
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1 Chapter 21.86 (Residential Density Bonus), those affordable dwelling units that qualify a
residential development for a density bonus are in addition to, and do not count toward
2 satisfying, the inclusionary housing requirements of this chapter.
3 SECTION 5: That Section 21.85.050 of the Carlsbad Municipal Code is amended
4 to read as follows:
5 21.85.050 Calculating the required number of inclusionary units.
Subject to adjustments for an inclusionary credit, the required number of lower-income
6 inclusionary units shall be fifteen (15%) percent of the total residential units, approved by the
final decision-making authority. If the inclusionary units are to be provided within an offsite
7 combined or other project, the required number of lower income inclusionary units shall be
fifteen (15%) percent of the total residential units to be provided both onsite and/or offsite.
8 Subject to the maximum density allowed per the growth management control point or per
specific authorization granted by the planning commission or city council, fractional units for
9 both market rate and inclusionary units of .5 will be rounded up to a whole unit. If the rounding
calculation results in a total residential unit count which exceeds the maximum allowed, neither
10 the market rate nor the inclusionary unit count will be increased to the next whole number.
Example 1: Total residential units = 15% Inclusionary units plus 85% Market rate units. If
11 the final decision making authority approves 100 total residential units, then the Inclusionary
requirement equals 15% of the "Total" or 15 units (100 * .15 = 15). The allowable market rate
12 units would be 85% of the "Total" or 85 units.
Example 2: If the inclusionary units are to be provided offsite, the total number of
13 inclusionary units shall be calculated according to the total number of market rate units
approved by the final decision-making authority. If 100 market rate units are approved, then this
14 total is divided by .85 which provides a total residential unit count (100 * .85 = 117). The 15%
requirement is applied to this "Total" (117 units) which equals the inclusionary unit requirement
15 (117 x .15= 17.6 units).
16 SECTION 6: That Section 21.85.060 of the Carlsbad Municipal Code is amended
17 to read as follows:
18 21.85.060 Inclusionary credit adjustment.
jo Certain types of affordable housing are relatively more desirable in satisfying the city's
state-mandated affordable housing requirement as well as the city's housing element goals,
2Q objectives and policies, and these may change over time.
To assist the city in providing this housing, developers may receive additional (more than
21 one unit) credit for each of such units provided, thereby reducing the total inclusionary housing
requirement to less than fifteen (15%) percent of all residential units approved. A schedule of
22 inclusionary housing credit specifying how credit may be earned shall be adopted by the city
council and made available to developers subject to this chapter.
23 SECTION 7: That Section 21.85.100 of the Carlsbad Municipal Code is amended
24 to read as follows:
25 21.85.100 Offsets to the cost of affordable housing development.
26 The city shall consider making offsets available to developers when necessary to enable
residential projects to provide a preferable product type or affordability in excess of the
27 requirements of this chapter. Offsets will be offered by the city to the extent that resources and
programs for this purpose are available to the city and approved for such use by the city council,
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1 and to the extent that the residential development, with the use of offsets, assists in achieving
the city's housing goals. To the degree that the city makes available programs to provide
2 offsets, developers may make application for such programs. Evaluation of requests for offsets
shall be based on the effectiveness of the offsets in achieving a preferable product type and/or
3 affordability objectives as set forth within the housing element; the capability of the development
team; the reasonableness of development costs and justification of subsidy needs; and the
4 extent to which other resources are used to leverage the requested offsets. Nothing in this
chapter establishes, directly or through implication, a right to receive any offsets from the city or
5 any other party or agency to enable the developer to meet the obligations established by this
chapter. Any offsets approved by the city council and the housing affordability to be achieved
6 by use of those offsets shall be set out within the affordable housing agreement pursuant to
Section 21.85.140 or, at the city's discretion in a subsequent document. Furthermore,
7 developers are encouraged to utilize local, state or federal assistance, when available, to meet
the affordability standards set forth in Sections 21.85.030 and 21.85.040.
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SECTION 8: That Section 21.85.130.B of the Carlsbad Municipal Code is
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amended to read as follows:
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B. Within thirty days of receipt of the preliminary application by the planning director
for projects not requesting offsets or inclusionary credit adjustments, or ninety days for projects
requesting offsets or inclusionary credit adjustments the department shall provide to an
applicant, a letter which identifies project issues of concern, the offsets and inclusionary credit
adjustments that the community development director can support when making a
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 chapter and related
policies, the pertinent sections of the California codes to which reference is made in this chapter
and all required application forms.
SECTION 9: That Section 21.85.140.A of the Carlsbad Municipal Code is16
amended to read as follows:
A. Developers subject to this chapter shall demonstrate compliance with this
8 chapter by executing an affordable housing agreement prepared by the city housing and
redevelopment director and submitted to the developer for execution. Agreements which
conform to the requirements of this section and which do not involve requests for offsets and/or
an inclusionary credit, other than those permitted by right, if any, shall be reviewed by the
affordable housing policy team and approved by the community development director or his
~. designee. Agreements which involve requests for offsets and/or an inclusionary credit, other
than those permitted by right, shall require the recommendation of the housing commission and
22 action by the city council as the final decision-maker. Following the approval and execution by
all parties, the affordable housing agreement with approved site development plan shall be
recorded against the entire development, including market-rate lots/units and the relevant terms
and conditions therefrom filed and subsequently recorded as a separate deed restriction or
24 regulatory agreement on the affordable project individual lots or units of property which are
designated for the location of affordable units. The approval and execution of the affordable
25 housing agreement shall take place prior to final map approval and shall be recorded upon final
map recordation or, where a map is not being processed, prior to the issuance of building
permits for such lots/units. The affordable housing agreement may require that more specific
project and/or unit restrictions be recorded at a future time. The affordable housing agreement
27 shall bind all future owners and successors in interest for the term of years specified therein.
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1 SECTION 10: That Section 21.85.140.B.1 of the Carlsbad Municipal Code is
2 amended to read as follows:
3 1. The number of inclusionary dwelling units proposed, with specific calculations
detailing the application of any inclusionary credit adjustment;
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SECTION 11: That Chapter 21.86 of the Carlsbad Municipal Code is amended to
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read as follows:
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Chapter 21.86
7 RESIDENTIAL DENSITY BONUS AND INCENTIVES OR CONCESSIONS
8 Sections:
21.86.010 Purpose and intent.
9 21.86.020 Definitions.
21.86.030 Inclusionary housing.
21.86.040 Density bonus for housing developments.
21.86.050 Incentives and concessions for housing developments.
11 21.86.060 Waiver or reduction of development standards.
21.86.070 Density bonus and incentives for condominium conversions.
12 21.86.080 Housing developments with child day care centers.
21.86.090 Density bonus housing standards.
13 21.86.100 Affordability tenure.
21.86.110 Application process.
14 21.86.120 Findings for approval.
21.86.130 Density bonus housing agreement.
21.86.140 Agreement processing fee.
21.86.150 Separability of provisions.16
21.86.010 Purpose and intent.
A. The public good is served when there exists in a city, housing which is
appropriate for the needs of and affordable to all members of the public who reside within that
city. Among other needs, there is in Carlsbad a need for housing affordable to lower-income
households and senior citizens. Therefore, it is in the public interest for the city to promote the
construction of such additional housing through the exercise of its powers and the utilization of
its resources.
B. It is the purpose of this chapter to provide a means for granting density bonuses
-1 and incentives or concessions to developers for the production of housing affordable to lower-
and moderate-income households, and senior citizens.
22 C. It is the purpose of this chapter to implement the goals, objectives, and policies of
the housing element of the city's general plan.
D. It is the purpose of this chapter to implement Sections 65915 through 65917 of
the California Government Code.
24 E. 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 against the
25 city or its employees is created by this chapter that would not arise independently of the
provisions of this chapter.
F. Nothing in this chapter shall be construed to supersede or in any way alter or
lessen the effect or application of the California Coastal Act.
27 21.86.020 Definitions.
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1 A. Whenever the following terms are used in this chapter, they shall have the
meaning established by this section:
2 1. "Affordable housing" means housing for which the allowable housing expenses
paid by a qualifying household shall not exceed a specified fraction of the county median
3 income, adjusted for household size, as follows:
a. Extremely low-income, rental and for-sale units: the product of 30% times 30% of
4 the county median income, adjusted for household size.
b. Very low-income, rental and for-sale units: the product of 30% times 50% of the
5 county median income, adjusted for household size.
c. Low-income, rental units: the product of 30% times 60% of the county median
6 income, adjusted for household size.
d. Low-income, for-sale units: the product of 30% times 70% of the county median
7 income, adjusted for household size.
e. Moderate-income, for-sale units: allowable housing expenses shall not be less
8 than 28% of the gross income of the household, nor exceed the product of 35% times 110% of
the county median income, adjusted for household size.
9 2. "Allowable housing expense" means the total monthly or annual recurring
expenses required of a household to obtain shelter. For a for-sale unit, allowable housing
10 expenses include loan principal and interest at the time of initial purchase by the homebuyer,
allowances for property and mortgage insurance, property taxes, homeowners association dues
11 and a reasonable allowance for utilities as defined by the Code of Federal Regulations
(24CFR982). For a rental unit, allowable housing expenses include rent and a utility allowance
12 as established and adopted by the city of Carlsbad housing authority, as well as all monthly
payments made by the tenant to the lessor in connection with use and occupancy of a housing
unit and land and facilities associated therewith, including any separately charged fees, utility
charges, or service charges assessed by the lessor and payable by the tenant.
3. "Child day care center" shall have the same meaning as defined in Section
21.83.020.D of this title.
I5 4. "Common interest development" means any of the following (as defined in
Section 1351 of the California Civil Code):
a. A community apartment project.
b. A condominium project.
17 c. A planned development.
d. A stock cooperative.
5. "Conversion" means the change of occupancy of a dwelling unit from owner-
„ occupied to rental or vice versa.
6. "Density bonus" means an increase over the maximum allowable residential
density as specified by the land use element of the general plan in effect at the time of
application submittal.
7. "Density bonus dwelling units" means those residential units granted pursuant to
the provisions of this chapter, which are above the maximum allowable residential density of the
22 project site.
8. "Density bonus housing agreement" means a legally binding agreement between
23 a developer and the city to ensure that the density bonus requirements of this chapter are
satisfied. The agreement establishes, among other things, the number of target dwelling units
24 and density bonus dwelling units, the unit sizes, location, affordability tenure, terms and
conditions of affordability and unit production schedule.
9. "Development standard" means site or construction conditions/requirements that
apply to a housing development pursuant to any ordinance, general plan element, master or
25 specific plan, or other city requirement, law, policy, resolution or regulation.
10. "Extremely low-income household" means those households whose gross
27 income is equal to or less than 30% of the median income for San Diego County as determined
annually by the U.S. Department of Housing and Urban Development.
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1 11. "Housing development" means one or more groups of projects for residential
units, consisting of the following:
2 a. The construction of 5 or more residential units; or
b. A subdivision or common interest development consisting of 5 or more residential
3 units or unimproved lots; or
c. A project to either substantially rehabilitate and convert an existing commercial
4 building to residential use, or substantially rehabilitate an existing two-family or multiple-family
dwelling structure(s), where the result of rehabilitation would be a net increase in available
5 residential units.
12. "Incentives or concessions" means such regulatory incentives or concessions as
6 stipulated in State Government Code Section 65915(1), to include, but not be limited to, the
reduction of site development standards or zone code requirements, approval of mixed use
7 zoning in conjunction with the housing project, or any other regulatory incentive which would
result in identifiable, financially sufficient, and actual cost reductions to enable the provision of
8 housing affordable to the designated income group or qualified (senior) resident.
13. "Income" means any monetary benefits that qualify as income in accordance with
9 the criteria and procedures used by the city of Carlsbad housing and redevelopment department
for the acceptance of applications and recertifications for the Tenant Based Rental Assistance
10 Program, or its successor.
14. "Low-income household" means those households whose gross income is more
than 50% but does not exceed 80% of the median income for San Diego County as determined
annually by the U.S. Department of Housing and Urban Development.
15. "Lower-income household" means low-income, very low-income and extremely
low-income households, whose gross income does not exceed 80% of the median income for
13 San Diego County as determined annually by the U.S. Department of Housing and Urban
Development.14 16. "Market-rate unit" means a dwelling unit where the rental rate or sales price is not
restricted either by this chapter or by requirements imposed through other local, state, or federal
15 affordable housing programs.
17. "Maximum allowable residential density" means the maximum density of the
" density range allowed by the residential general plan designation(s) applicable to a project site.
18. "Moderate-income household" means those households whose gross income is
more than 80% but does not exceed 120% of the median income for San Diego County as
determined annually by the U.S. Department of Housing and Urban Development.
19. "Qualifying resident" means a resident as defined in Chapter 21.84 of this title
. „ and Section 51.2 of the California Civil Code.
20. "Target dwelling unit" means a dwelling unit that will be offered for rent or sale
exclusively to and which shall be affordable to the designated income group or qualified (senior)
resident, as required by this chapter.
21. "Total units" means the number of dwelling units in a housing development,
excluding the density bonus dwelling units.
22 22. "Very low-income household" means a household earning a gross income equal
to 50% or less of the median income for San Diego County as determined annually by the U.S.
Department of Housing and Urban Development.
24 21.86.030 Inclusionary housing.
A. All housing development projects are required to provide affordable housing units
25 in accordance with chapter 21.85 (Inclusionary Housing). If an applicant seeks to construct
affordable housing to qualify for a density bonus in accordance with the provisions of this
26 chapter, those affordable dwelling units that qualify a housing development for a density bonus
are in addition to, and do not count toward satisfying the Inclusionary Housing requirements of
27 chapter 21.85.
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21.86.040 Density bonus for housing developments.
A. The decision-making body shall grant one density bonus, as specified in Section
21.86.040.B, and incentives or concessions, as set forth in Section 21.86.050, when an
applicant of a housing development of at least 5 units seeks and agrees to construct at least
any one of the following:
1. A minimum of 10% of the total units of the housing development as restricted and
affordable to lower-income households; or
2. A minimum of 5% of the total units of the housing development as restricted and
affordable to very low-income households; or
3. A senior citizen housing development as defined in Section 21.84.030.A.7 of this
title and Section 51.3 of the California Civil Code, or mobilehome park that limits residency
based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of
the California Civil Code; or
4. A minimum of 10% of the total units in a common interest development restricted
and affordable to moderate-income households, provided that all units in the development are
offered to the public for purchase.
B. When an applicant seeks and agrees to construct a housing development
meeting the criteria specified in Section 21.86.040.A, the decision-making body shall grant a
density bonus subject to the following:
1. The amount of density bonus to which a housing development is entitled shall
vary according to the amount by which the percentage of affordable housing units exceeds the
percentages established in Section 21.86.040.A, as follows:
a. For housing developments meeting the criteria of Section 21.86.040.A.1, the
density bonus shall be calculated as follows:
TABLE A
DENSITY BONUS FOR HOUSING DEVELOPMENTS WITH UNITS AFFORDABLE TO LOW-
INCOME HOUSEHOLDS
Percentage of
(Minimum
Low-Income Units
10% required)
10
11
12
13
14
15
16
17
18
19
20
Percentage of Density Bonus to be Granted
(Additional 1 .5% density bonus for each 1%
increase above the 10% minimum)
20
21.5
23
24.5
26
27.5
29
30.5
32
33.5
35
b. For housing developments meeting the criteria of Section 21.86.040.A.2, the
density bonus shall be calculated as follows:
TABLE B
DENSITY BONUS FOR HOUSING DEVELOPMENTS WITH UNITS AFFORDABLE TO VERY
LOW-INCOME HOUSEHOLDS
Percentage of Very Low-Income Units
5
6
7
8
Percentage of Density Bonus to be Granted
20
22.5
25
27.5
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9
10
11
30
32.5
35
c. For housing developments meeting the criteria of Section 21.86.040.A.3, the
density bonus shall be 20%.
d. For housing developments meeting the criteria of Section 21.86.040.A.4, the
density bonus shall be calculated as follows:
TABLE C
DENSITY BONUS FOR COMMON INTEREST DEVELOPMENTS WITH UNITS AFFORDABLE
TO MODERATE-INCOME HOUSEHOLDS
Percentage of Moderate-Income Units
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Percentage of Density Bonus to be Granted
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
2. The amount of density bonus to which a housing development is entitled shall not
exceed 35%.
3. The applicant may elect to accept a lesser percentage of density bonus than
specified in Section 21.86.040.B.
4. If a housing development includes a combination of target dwelling unit types that
meet two or more of the criteria specified in Section 21.86.040.A, the applicant shall elect one
applicable density bonus.
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C. When an applicant for a tentative subdivision map, parcel map, or other housing
development approval donates land to the city, as provided for in this subsection, the applicant
shall be entitled to a density bonus for the entire development, as follows:
TABLE D
DENSITY BONUS FOR LAND DONATION
Percentage of Very Low-Income Units Percentage of Density Bonus to be Granted
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
1. A density bonus granted pursuant to this subsection shall not exceed 35%.
2. If an applicant seeks both the density bonus required pursuant to this subsection
and Section 21.86.040.A, both density bonuses shall be granted up to a maximum combined
density bonus of 35%.
3. An applicant shall be eligible for the density bonus described in this subsection
only if all of the following conditions are met:
a. The land is donated and transferred to the city no later than the date of approval
of the final subdivision map, parcel map, or housing development application.
b. The developable acreage, zoning classification and general plan land use
designation of the land being donated are sufficient to permit construction of the units affordable
to very low-income households in an amount not less than 10% of the number of residential
units of the proposed development.
c. The transferred land is at least one acre in size or of sufficient size to permit
development of at least 40 units, has the appropriate zoning classification and general plan land
use designation, and is or will be served by adequate public facilities and infrastructure.
d. The land shall have appropriate zoning and development standards to make the
development of the affordable units feasible.
e. No later than the date of approval of the final subdivision map, parcel map, or
housing development, the transferred land shall have all of the permits and approvals, other
than building permits, necessary for the development of the very low-income housing units on
the transferred land, except that the city may subject the proposed development to subsequent
design review to the extent authorized by subdivision (i) of Section 65583.2 of the California
Government Code if the design is not reviewed by the city prior to the time of transfer.
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1 f. The transferred land and the affordable units shall be subject to a deed restriction
ensuring continued affordability of the units consistent with Section 21.86.100, which shall be
2 recorded on the property at the time of dedication.
g. The land is transferred to the city or to a housing developer approved by the city.
3 The city may require the applicant to identify and transfer the land to the developer.
h. The transferred land shall be within the boundary of the proposed development
4 or, if the city agrees, within one-quarter mile of the boundary of the proposed development.
F. In cases where an applicant requests a density bonus of more than what is
5 specified in this section, the city council may grant the requested additional density bonus,
subject to the following:
6 1. The project meets the requirements of this chapter.
2. The additional density bonus shall be considered an incentive, in accordance
7 with Section 21.86.050 of this chapter.
3. The city council may require some portion of the additional density bonus units
8 to be designated as target dwelling units.
G. The city council may grant a proportionately lower density bonus than what is
9 specified by this section for developments that do not meet the requirements of this chapter.
H. The density bonus dwelling units granted pursuant to this chapter shall not be
10 included when determining the number of housing units required by this chapter to be reserved
for income restricted households.
I. When calculating the density bonus, or the required number of target dwelling
units, any calculations resulting in fractional units shall be rounded up to the next whole unit.
12 J. For the purposes of calculating a density bonus, the residential units in a housing
development do not have to be based upon individual subdivision maps or parcels.
K. The density bonus units shall be permitted in geographic areas of the housing
development other than the areas where the units for lower-income households are located.
L. A density bonus housing agreement shall be made a condition of the
discretionary permits (i.e., tentative maps, parcel maps, planned unit developments,
condominium permits, site development plans and redevelopment permits) for all housing
developments that request a density bonus and incentives or concessions. The relevant terms
and conditions of the density bonus housing agreement shall be filed and recorded as a deed
restriction on those individual lots or units of a project development which are designated for the
17 location of target dwelling units. The density bonus housing agreement shall be consistent with
Section 21.86.130 of this chapter.18
19 21.86.050 Incentives and concessions for housing developments.
A. When an applicant requests a density bonus pursuant to Section 21.86.040.A,
the decision-making body shall grant incentives or concessions, subject to the following:
1. An applicant shall submit a proposal for any specific incentives or concessions
~« requested pursuant to this section.
2. The decision-making body shall grant the incentive(s) or concession(s) requested
22 by the applicant unless, based upon substantial evidence, either of the following findings are
made in writing:
a. The incentive or concession is not required in order to provide for affordable
housing as defined in Section 21.86.020.A.1.
24 b. The incentive or concession would have a specific adverse impact upon public
health and safety or the physical environment, or on any real property that is listed in the
California Register of Historical Resources, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. As used in this paragraph, and as
defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government
Code, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable
27 impact, based on objective, identified written public health or safety standards, policies, or
conditions as they existed on the date the application was deemed complete.
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1 3. The applicant shall receive the following number of incentives or concessions:
a. One incentive or concession for projects that include at least 10% of the total
2 units for lower-income households, at least 5% for very low-income households, or at least 10%
for persons and families of moderate-income in a common interest development.
3 b. Two incentives or concessions for projects that include at least 20% of the total
units for lower-income households, at least 10% for very low-income households, or at least
4 20% for persons and families of moderate-income in a common interest development.
c. Three incentives or concessions for projects that include at least 30% of the total
5 units for lower-income households, at least 15% for very low-income households, or at least
30% for persons and families of moderate-income in a common interest development.
6 4. An incentive or concession may include any of the following:
a. A reduction in site development standards or a modification of zoning code or
7 architectural design requirements (excluding State Building Standards), that results in
identifiable, financially sufficient, and actual cost reductions. A reduction/modification to
8 standards or requirements may include, but is not limited to, a reduction in minimum lot size,
setback requirements, and/or in the ratio of vehicular parking spaces that would otherwise be
9 required.
b. Approval of mixed use zoning in conjunction with the housing development if i)
10 commercial, office, industrial, or other land uses will reduce the cost of the housing
development; and ii) the commercial, office, industrial, or other land uses are compatible with
the housing development and the existing or planned future development in the area where the
proposed project will be located.
12 c. Other regulatory incentives or concessions that result in identifiable, financially
sufficient, and actual cost reductions.
d. The city council may, but is not required to, provide direct financial incentives,
including the provision of publicly owned land, or the waiver of fees or dedication requirements.
5. The applicant shall show that the requested incentive(s) or concession(s) will
result in identifiable, financially sufficient, and actual cost reductions.
21.86.060 Waiver or reduction of development standards.16 A. In addition to the incentives or concessions permitted by Section 21.86.050, an
applicant may seek a waiver or reduction of development standards that will have the effect of
precluding the construction of a housing development meeting the criteria of Section
21.86.040.A at the densities or with the incentives or concessions permitted by this Chapter.
1. The applicant shall show that the requested waiver or reduction of development
standards is necessary to make the housing units economically feasible.
2. The applicant shall provide evidence that the development standard(s) requested
to be waived or reduced will have the effect of precluding the construction of a housing
development at the densities or with the incentives or concessions permitted by this Chapter;
21 and
B. The decision-making body shall grant the requested waiver or reduction of
22 development standards, unless, based upon substantial evidence, any of the following findings
are made in writing:
1. The waiver or reduction of development standards is not necessary to make the
housing units economically feasible.
24 2. The development standard(s) requested to be waived or reduced will not have
the effect of precluding the construction of a housing development at the densities or with the
incentives or concessions permitted by this Chapter.
3. The requested waiver or reduction of development standards would have a
specific adverse impact upon public health and safety or the physical environment, or on any
real property that is listed in the California Register of Historical Resources, and for which there
27 is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. As used in
this subsection, and as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the
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1 California Government Code, a "specific, adverse impact" means a significant, quantifiable,
direct, and unavoidable impact, based on objective, identified written public health or safety
2 standards, policies, or conditions as they existed on the date the application was deemed
complete.
3
21 .86.070 Density bonus and incentives for condominium conversions.
4 A. When an applicant proposes to convert apartments to condominiums, the
decision-making body shall grant either a density bonus or other incentives of equivalent
5 financial value, as set forth in Section 21.86.050A, if the applicant agrees to provide the
following:
6 1. A minimum of 33% of the total units of the proposed condominium conversion
project as restricted and affordable to low-income or moderate-income households; or
7 2. A minimum of 15% of the total units of the proposed condominium conversion
project as restricted and affordable to lower-income households.
8 B. For purposes of this section "density bonus" means an increase in units of 25%
over the number of apartments, to be provided within the existing structure or structures
9 proposed for conversion.
C. For purposes of this section, "other incentives of equivalent financial value" shall
10 not be construed to require the city to provide monetary compensation, but may include the
waiver or reduction of requirements that might otherwise apply to the proposed condominium
1 1 conversion project.
D. The density bonus dwelling units shall not be included when determining the
number of housing units required to be reserved for income restricted households.
E. When calculating the density bonus, or the required number of target dwelling
units, any calculations resulting in fractional units shall be rounded up to the next whole unit.
F. Nothing in this section shall be construed to require that the city approve a
14 proposal to convert apartments to condominiums.
G. An applicant/developer proposing to convert apartments to condominiums shall
be ineligible for a density bonus or other incentives under this section if the apartments
proposed for conversion constitute a housing development for which a density bonus or other
16 incentives were provided under Sections 21 .86.040 and 21 .86.050.
H. A density bonus housing agreement shall be made a condition of the
17 discretionary permits (tentative maps, parcel maps, planned unit developments and
condominium permits) for all condominium conversion proposals that request a density bonus or
other incentives. The relevant terms and conditions of the density bonus housing agreement
shall be filed and recorded as a deed restriction on those individual lots or units of a project
development which are designated for the location of target dwelling units. The density bonus
housing agreement shall be consistent with Section 21 .86.130 of this chapter.
21 .86.080 Housing developments with child day care centers.
A. When an applicant proposes to construct a housing development that conforms
22 to the requirements of Section 21.86.040.A, and includes a child day care center that will be
located on the premises of, as part of, or adjacent to, the project, the following provisions shall
73 1 . The decision-making body shall grant either of the following:
a. An additional density bonus that is an amount of square feet of residential space
that is equal to or greater than the amount of square feet in the child day care center; or
b. An additional incentive or concession that contributes significantly to the
economic feasibility of the construction of the child day care center.
2. The decision-making body shall require, as a condition of approval of the housing
development, that the following occur:
27
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1 a. The child day care center shall remain in operation for a period of time that is as
long as or longer than the period of time during which the target dwelling units are required to
2 remain affordable, pursuant to Section 21.86.100; and
b. Of the children who attend the child day care center, the children of very low-,
3 lower-, or moderate-income households shall equal a percentage that is equal to or greater than
the percentage of dwelling units that are required for very low-, lower-, or moderate-income
4 households pursuant to Section 21.86.040.A.
3. Notwithstanding any requirement of this section, the decision-making body shall
5 not be required to provide an additional density bonus, incentive or concession for a child day
care center if it finds, based on substantial evidence, that the community has an adequate
6 number of child day care centers.
7 21.86.090 Density bonus housing standards.
A. Required target dwelling units shall be constructed concurrent with market rate
8 dwelling units unless both the final decision-making authority of the city and the
developer/applicant agree within the density bonus housing agreement to an alternative
9 schedule for development.
B. Whenever feasible, target dwelling units and density bonus dwelling units should
10 be built on-site (within the boundary of the proposed development) and, whenever reasonably
possible, be distributed throughout the project site.
11 C. Whenever feasible, target dwelling units should be located on sites that are in
proximity to, or will provide access to, employment opportunities, urban services, or major roads
12 or other transportation and commuter rail facilities (i.e., freeways, bus lines) and that are
compatible with adjacent land uses.
D. Whenever feasible, target dwelling units should vary in size and number of
bedrooms, in response to affordable housing demand priorities of the city.
E. Density bonus projects shall comply with all applicable development standards,
except those which may be modified as an incentive or concession, or as otherwise provided for
in this chapter. In addition, all units must conform to the requirements of the applicable building
and housing codes. The design of the target dwelling units shall be reasonably consistent or
compatible with the design of the total project development in terms of appearance, materials
and finished quality.
F. No building permit shall be issued, nor any development approval granted, for a
development which does not meet the requirements of this chapter. No target dwelling unit
shall be rented or sold except in accordance with this chapter.
G. Upon the request of the applicant, the parking ratio (inclusive of handicap and
guest parking) for a housing development that conforms to the requirements of Section
21.86.040.A shall not exceed the ratios specified in Table E, below. If the applicant does not
request the parking ratios specified in Table E or the project does not conform to the
2* requirements of Section 21.86.040.A, the parking standards specified in Chapter 21.44 shall
apply.
22 1. If the total number of parking spaces required for a development is other than a
whole number, the number shall be rounded up to the next whole number.
2. For purposes of this section, a housing development may provide "on-site"
parking through tandem parking or uncovered parking, but not through on-street parking.
24 3. The applicant may request additional parking incentives or concessions beyond
those provided in this section, subject to the findings specified in Section 21.86.050.A.2.
25 TABLE E
26 PARKING RATIO FOR HOUSING DEVELOPMENTS
27
28
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Dwelling Unit Size
0-1 bedrooms
2-3 bedrooms
On-Site Parking Ratio
1 space per unit
2 spaces per unit
4 or more bedrooms | 2.5 spaces per unit
2 21.86.100 Affordability tenure.
A. All low- and very low-income dwelling units that qualified the housing project for a
3 density bonus shall remain restricted and affordable to the designated group for a period of at
least 30 years, or a longer period of time if required by the construction or mortgage financing
4 assistance program, mortgage insurance program, or rental subsidy program.
B. All moderate-income dwelling units directly related to the receipt of a density
5 bonus for a common interest development shall be subject to the following:
1. The initial occupant(s) of the target dwelling unit(s) shall be persons and families
6 of moderate-income, and the units shall be offered at an affordable housing cost that does not
exceed the allowable housing expenses for a moderate-income household.
7 2. Unless in conflict with the requirements of another public funding source or law,
the target dwelling unit(s) shall be subject to an equity sharing agreement that specifies:
8 a. Upon resale, the seller of the unit shall retain the value of any improvements, the
down payment, and the seller's proportionate share of appreciation.
9 b. Upon resale, the city shall recapture any initial subsidy and its proportionate
share of appreciation, which shall then be used within 3 years for any of the purposes described
10 jn subdivision (e) of Section 33334.2 of the Health and Safety Code that promote
homeownership.
11 i. For the purposes of this subsection, the city's initial subsidy shall be equal to the
fair market value of the home at the time of initial sale minus the initial sale price to the
12 moderate-income household, plus the amount of any down payment assistance or mortgage
assistance. If upon resale the market value is lower than the initial market value, then the value
at the time of the resale shall be used as the initial market value.
ii. For the purposes of this subsection, the city's proportionate share of appreciation
shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of
initial sale.
3. If the city provides a direct financial contribution to a common interest
development through participation in cost of infrastructure, write-down of land costs, or
16 subsidizing the cost of construction, the target dwelling unit(s) shall remain affordable to the
designated income group for at least 30 years.
C. For rental projects, the city or its designee shall have a one-time first right of
refusal to purchase any project containing affordable units offered for sale at the end of the
18 minimum tenure of affordability. The first right of refusal to purchase the rental project shall be
submitted in writing to the housing and redevelopment director. Within 90 days of its receipt,
1 the city shall indicate its intent to exercise the first right of refusal for the purpose of providing
affordable housing.
21.86.110 Application process.
A. The granting of a density bonus, incentive or concession, pursuant to this
22 chapter, shall not be interpreted, in and of itself, to require a general plan amendment, zone
code amendment, local coastal plan amendment, zone change, or other discretionary approval.
B. Preliminary Application. A preliminary application may be submitted prior to the
submittal of any formal development application for a housing project that includes a request for
24 a density bonus, incentive(s) or concession(s). The preliminary application should include the
following information:
1. A brief description of the proposal including the number of target dwelling units
and density bonus units proposed;
2. The zoning, general plan designations and assessors parcel number(s) of the
project site;
27 3. A site plan, drawn to scale, which includes: building footprints, driveway and
parking layout, existing contours and proposed grading; and
28
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1 4. A letter identifying what specific density bonus, incentives or concessions (e.g.,
standards modifications, additional density bonus, or fee waiver, etc.) are being requested of the
2 city.
5. The planning department shall provide to an applicant/developer, a letter that
3 identifies project issues of concern and the procedures for compliance with this chapter.
C. Formal application. A request for a density bonus, incentive(s) or concession(s),
4 pursuant to this chapter, does not require a discretionary approval. The request shall be
processed as part of the development applications for a housing development, as otherwise
5 required in other sections of this code (e.g., site development plan, tentative map, parcel map,
planned unit development, conditional use permit, redevelopment permit, etc.).
6 1. If the project involves a request for direct financial incentives from the city, then
any action by the planning commission on the application shall be advisory only, and the city
7 council shall have the authority to make the final decision on any discretionary permits related to
the project.
8 2. The following information shall be included with the development application(s)
required for the project:
9 a. A legal description of the total site proposed for development of the target
dwelling units including a statement of present ownership and present and proposed zoning;
10 b. A letter signed by the present owner stating what specific density bonus,
incentives, or concessions (e.g., standards modifications, additional density bonus, or fee
11 waiver, etc.) are being requested from the city;
c. A detailed vicinity map showing the project location and such details as the
location of the nearest commercial retail, transit stop, potential employment locations, park or
recreation facilities or other social or community service facilities;
d. Site plans, designating the total number of units proposed on the site, including
the number and location of target dwelling units and density bonus dwelling units, and
supporting plans per the application submittal requirements;
e. In the case of a request for any incentive(s) or concession(s), a pro forma for the15 proposed project to justify the request, in accordance with the provisions of section 21.86.050;
f. In the case of a request for a waiver or reduction of development standards,
pursuant to section 21.86.060, a pro forma for the proposed project showing that the waiver or
reduction is necessary to make the housing units economically feasible, and evidence that the
17 development standard being waived or reduced will have the effect of precluding the
construction of the development at the densities or with the concessions or incentives permitted
by this chapter.
g. In the case of a condominium conversion request, a report documenting the
following information for each unit proposed to be converted:
9 ~ i. the monthly income of tenants of each unit throughout the prior year, and
the monthly rent for each unit throughout the prior year, and
~, iii. vacancy information for each unit throughout the prior year.
22 21.86.120 Findings for approval.
A. When a project involves a request for a density bonus, incentive(s) or
23 concession(s), the following findings shall be made as part of the approval of the development
application(s) required for the project:
1. The project is consistent with the provisions of this chapter.
2. The requested incentive(s) or concession(s) will result in identifiable, financially
2? sufficient, and actual cost reductions;
3. In cases where an applicant requests a waiver or reduction of development
standards, pursuant to section 21.86.060, the requested waiver or reduction of development
standard(s) is necessary to make the housing units economically feasible.
27 4. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of
development standards, if any, will not result in an adverse impact, as defined in paragraph (2)
28 -17-
1 of subdivision (d) of Section 65589.5 of the California Government Code, to the public health
and safety, the environment, or on any real property that is listed in the California Register of
2 Historical Resources; or, if the request will result in an adverse impact, then the request may be
approved if the following finding is made:
3 a. There is no feasible method to satisfactorily mitigate or avoid the specific adverse
impact.
4 5. In cases where an applicant requests to convert apartment units to
condominiums, the condominium conversion project shall not result in a reduction in the
5 affordable housing stock for lower-income groups, as of most recent inventory.
6 21.86.130 Density bonus housing agreement.
A. Applicants/developers, requesting a density bonus, incentives or concessions
7 pursuant to this chapter, shall demonstrate compliance with this chapter by executing a density
bonus housing agreement prepared by the city housing and redevelopment director and
8 submitted to the developer for signature.
B. Density bonus housing agreements for projects involving a request for direct
9 financial incentives from the city shall be subject to city council approval; otherwise, the
agreement shall be subject to the approval of the community development director.
1° C. Following the approval and the signing by all parties, the completed density
bonus housing agreement, with approved site development plan, shall be recorded against the
11 entire development, including market-rate lots/units; and the relevant terms and conditions
therefrom filed and recorded as a deed restriction or regulatory agreement on those individual
lots or units of a property which are designated for the location of target dwelling units.
D. The approval and signing by all parties of the density bonus housing agreement
shall take place prior to final map approval, and the agreement shall be recorded concurrent
with the final map recordation or, where a map is not being processed, prior to issuance of
building permits for such lots or units.
E. The density bonus housing agreement shall be binding to all future owners and
successors in interest.
F. A density bonus housing agreement for a housing development or condominium
conversion project processed pursuant to this chapter shall include, but not be limited to, the
following:
17 1. The number of density bonus dwelling units granted;
2. The number and type (e.g., restricted to lower- or moderate-income households)
of target dwelling units proposed;
3. The unit size(s) (square footage) of target dwelling units and the number of
bedrooms per target dwelling unit;
4. The proposed location of the target dwelling units;
5. Schedule for production of target dwelling units;
«. 6. Incentives or concessions provided by the city;
7. Where applicable, tenure and conditions governing the initial sale of for-sale
22 target units; and
8. Where applicable, tenure and conditions establishing rules and procedures for
qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for
rental target dwelling units.
9. Where applicable, requirements for other documents to be approved by the city,
such as marketing, leasing and management plans; financial assistance/loan documents; resale
25 agreements; and monitoring and compliance plans.
21.86.140 Agreement processing fee.
A. The city council may establish by resolution, fees to be paid by the applicant to
27 defray the city's cost of preparing and/or reviewing all density bonus housing agreements.
28 -18-
1 21.86.150 Separability of provisions.
A. If any provision of this chapter or the application thereof to any person or
2 circumstances is held invalid, the remainder of the chapter and the application of the provision
to other persons not similarly situated or to other circumstances shall not be affected thereby.
3
SECTION 12: That the findings of the Planning Commission as set forth in
4
Planning Commission Resolution No. 5879 constitute the findings of the City Council.
5"
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1 EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after
2 its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
3 published at least once in a publication of general circulation in the City of Carlsbad within
4 fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not become
5 effective within the City's Coastal Zone until LCPA 04-17 is approved by the California Coastal
6 Commission.)
7 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
8 Council on the day of 2006, and thereafter.
9 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2006, by the following vote, to wit:
AYES:
12 NOES:
13 ABSENT:
14 ABSTAIN:
15
16 APPROVED AS TO FORM AND LEGALITY
17
18 RONALD R. BALL, City Attorney
19
20
24
21 CLAUDE A. LEWIS, Mayor
22LL ATTEST:
23
LORRAINE M. WOOD, City Clerk
25 (SEAL)
26 "
27
28 -20-