HomeMy WebLinkAbout1993-04-20; City Council; NS-232; CMC 21.85 add - Inclusionary housing in-lieu/impact fee...)
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ORDINANCE NO. NS-232
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
PROJECTS UNDER A CITY WIDE INCLUSIONARY HOUSING
INCLUSIONARY HOUSING IMPACT FEE IN SPECIFIED
CIRCUMSTANCES.
APPLICANT: CITY OF CARLSBAD
FOR LOWER-INCOME HOUSEHOLDS IN RESIDENTIAL
PROGRAM AND THE PAYMENT OF AN IN-LIEU FEE OR
CASE NO: ZCA 91-6
9 WHEREAS, Government Code Section 65588(b) requires local jurisdiction
_e lo revise their Housing Elements every five years; and
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WHEREAS, the City of Carlsbad has revised its Housing Element for the period,
1991 through June 1996; and 13
14 WHEREAS, Government code Section 65584(a) requires localities to address
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and 16
Regional Share housing needs for persons of all income levels in their Housing Eleme
17 WHEREAS, the City's Regional Share needs are 2,509 Lower-income units (
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projected 6,273 total dwelling units needed over a five year period; and
/j WHEREAS, based upon the needs analysis included within its revised Hou: 20
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(minimum good faith effort of guaranteed units) is 1125 low-income units; and 2*
WHEREAS, the City of Carlsbad's lower-income Fair Share Housing objec 23
affordable to lower-income households; and
Element, the City of Carlsbad finds that Carlsbad is experiencing a lack of hou:
WHEREAS, the City's revised Housing Element includes objectives for the provi:
of 1400 lower-income units (275 units in excess of the Fair Share requirement), ani
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28 the 1400 lower-income units, the City has committed to producing 350 lower-incc
units through City initiated development; and
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1 WHEREAS, the remaining 1050 lower-income units would have to be provid
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2 I/ through some other means; and
3 WHEREAS, due to economic and market conditions, the private market has r
4 produced in the past, nor is likely to produce in the future, an adequate amount
5 housing units affordable to lower income households to meet the remaining balance
6 the City‘s lower-income Fair Share need (1050 units); and
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WHEREAS, continued new residential development which does not include r
contribute toward the lower cost of housing for lower income households will only sel
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to further aggravate the current affordable housing shortage; and
WHEREAS, new residential development which does not include nor contribl
12 housing for lower income households creates a need for aEordable lower income housi
l3 by: reducing the supply of residential land upon which affordable housing could lx
14 been developed, and increasing population, which creates a demand for typil
15 community services (stores, dry cleaners, gas stations), which are staffed by lower ws
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17 li. mployees, who create a demand for lower income housing; and
WHEREAS, over the next 5 years, there is an actual need (Regional Need) for 25
19 l8 I ower income units out of a projected 6,273 total dwelling units needed; and
20 WHEREAS, new market rate residential development creates a significant portj
21 of this need; and
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WHEREAS, the 15% lower-income inclusionary requirement represents 1050 low
24 Il income units which is less than one-half of the actual (Regional Need) need over the I-L
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residential development; and
WHEREAS, the mandatory Inclusionary Housing Program was identified within
5 years and therefore bears a reasonable relationship to the need created by n
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c City's revised Housing Element as the best program available to the City to achieve 1
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3 WHEREAS, the 15% lower-income inclusionary housing requirement will ens1
4 that the remaining balance of the City's Fair Share objectives (lower-income) can
5 achieved; and
6 WHEREAS, based upon an assumed rate for projected residential developmc
7 between 1991 and 1996, the imposition of 15% low-income inclusionary housi
remaining balance of the City's Fair Share objective for lower-income units; and
8l equirement on future residential development is necessary to achieve the City's F;
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11 WHEREAS, the 15% lower-income inclusionary housing requirement is necessz
12 to ensure conformance with the Housing Element of the City's General Plan; and v
13 protect the health, safety and welfare of its citizens; and
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Share and Regional Share objectives; and
WHEREAS, City staff, in association with an Ad Hoc Committee of master plan a;
l5 /L-fill residential builders and non-profit builders, prepared an economic study of t
evelopment of affordable housing within the City of Carlsbad; and
18 WHEREAS, the economic study concludes that while the proposed inclusiona
19 ::1 ousing requirement, would create an additional economic burden on the priv:
20 evelopment community, the development of housing affordable to low incor
21 ouseholds is achievable through cooperative partnerships between the developme
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community, non-profit organizations, and the City; and
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26 development.
Whereas, the City's Housing Element identifies programs to provide technic.
financial, and standards flexibility incentives to facilitate inclusionary housi
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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 1
3 addition of Chapter 21.85 to read as follows:
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INCLUSIONARY HOUSING 5
"Chapter 21.85
6 Sections:
7 21.85.010 Purpose and Intent.
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21.85.050 In-lieu Contributions. 9
21.85.030 Applicability of Enclusionary Housing Requirement.
21.85.020 Definitions.
21.85.040 Construction of Required Inclusionary Units.
21.85.060 Inclusionary Housing Impact Fee.
21.85.070 Regulations for New Master Plans or Specific Plans (Approv
21.85.080 Regulations for Existing Master Plans and Specific Pla
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(Approved On or Before the Effective Date of TI 12
After the Effective Date of This Ordinance).
Ordinance).
Master Plan or Specific Plan.
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21.85.090 Regulations for Residential Subdivisions Not Subject
21.85.120 Affordable Housing Standards.
21.85.110 Combined Inclusionary Housing Projects. 15
21.85.100 Regulations for Mobile Home Parks.
16 21.85.130 Incentives to Offset the Cost of Affordable Housi~
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Development.
21.85.140 Preliminary Project Application and Review Process.
21.85.150 Inclusion of Affordable Housing Agreement as a Condition
Development.
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21.85.180 Management and Monitoring. 20
21.85.160 Inclusionary Housing Resale Agreement.
21.85.170 Eligibility Requirements.
21.85.190 Collection of Fees.
21.85.200 Separability of Provisions
21.85.010. Purpose and Intent.
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23 (a) It is an objective of the City, as established by the Housing Element of tl
City's General Plan, to ensure that all master planned and specific planned communiti 24 and all residential subdivisions provide a range of housing opportunities for i
25 identifiable economic segments of the population, including households of lower ar
moderate income. (i) It is also the policy of the City to:
26 (1) Require that a minimm of 15% of all approved residential units in ar
master plan, specific plan, or residential subdivision be restricted to and affordable 1
27 lower-income households;
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(2) Require that for those developments which provide 10 or more un
1 affordable to lower-income households, at least 10% of the lower-income units shot have three or more bedrooms; and
the payment of an in-lieu fee as an alternative to requiring inclusionary units to
constructed on the ground.
proposals with completed applications as of the effective date of this ordinance to pa;
5 housing impact fee to satisfy the inclusionary housing requirement.
objective and policy stated in subsections (a). ' (b) It is the purpose of this Chapter to ensure the implementation of the C
7 (c) Nothing in this Chapter is intended to create a mandatory duty on beh
of the City or its employees under the Government Tort Claims Act and no cause of acti
8 against the City or its employees is created by this Chapter that would not ar
independently of the provisions of this Chapter. 9
10 21 -85.020. Definitions.
Whenever the following terms are used in this Chapter, they shall have t
11 meaning established by this section:
(1) "Affordable housing" means housing for which the allowable housi
12 expenses paid by a qualifying household shall not exceed a specified fraction of t
gross monthly income, adjusted for household size, for the following classes of housh 13 A. Very low-income, unassisted and assisted (State and/or Feder;
14 rental and unassisted and assisted (State and/or Federal) for-sale units: 30 percent oft gross monthly income, adjusted for household size, at 50 percent of the County medi
15 mcome.
16 percent of the gross monthly income, adjusted for household size, at 80 percent of t
17 C. Low-incomey assisted (State and/or Federal) rental units:
18 Percent of the gross monthly income, adjusted for household size, at 60 percent of t
2 (3) In specific cases, allow inclusionary requirements to be satisfied throu
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4 (4) Require existing, unbuilt residential subdivisions and subdivisi
B. Low-income, unassisted rental and unassisted for-sale units:
County median income.
County median income.
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County median income. 20 Lpercent of the gross monthly income, adjusted for household size, at 70 percent of 1
D. Low-income, assisted (State and/or Federal) for-sale units:
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recurring expenses required of a household to obtain shelter. For a for-sale unit, allowal 24 (3) "Allowable housing expense" means the total monthly or ann1
and unit production schedule. 23
units, the unit sizes, location, affordability tenure, terms and conditions of affordabil
Chapter are satisfied. The agreement establishes the number of required inclusionz 22
between a developer and the City to ensure that the inclusionary requirements of t: 21 (2) "Affordable housing agreement" means a legally binding agreemc
housing expenses include loan principal, loan interest, property and mortgage insuran
property taxes, home owners association dues and a reasonable allowance for utiliti
26 For a rental unit, allowable housing expenses include rent, a reasonable allowance
utilities. 27
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(4) "Assisted (State and/or Federal) unit" means a dwelling unit as defi
on 50055 of the California Health and Safety Code.
(5) "Base residential units" means a number of units associated with e;
plan, specific plan, plan phase, or individual development within a master
ecific plan or residential subdivision from which are calculated the lower-inco:
be provided in conjunction with that master plan, specific pl;
r development or residential subdivision.
(6) "Combined inclusionary housing project" means separate residenl
ment sites which are linked by a contractual relationship such that some or
ts which are associated with one development site are produc
rated at the alternative development site or sites.
(7) "Conversion" means the change of occupancy of a dwelling unit fix
(8) "Density bonus (new residential construction)" means a minim1
nsity increase of at least twenty-five percent (25%) over either the Grow
nt Control Point of the applicable General Plan designation, as defined
90.045 of this Title, or the otherwise maximum allowable residential dens
by the applicable master plan or specific plan, at the time of application.
(9) "Existing Master Plan or Specific Plan" means any master plan
(10) "Financial assistance" means such assistance to include but not
ted to the subsidization of fees, infrastructure, land costs, or construction costs, t
lopment set-aside funds or Community Development Block Grant (CDBI
ds, or the provision of other direct financial aid, such as cash transfer payments
(1 1) "Growth Management Control Point" shall have the same meaning
(12) "Incentives" means such regulatory concessions to include but not
increase, the modification of site development standards or zone co
ments, approval of mixed use zoning in conjunction with the residential proje,
incentive which would result in an identifiable cost reduction
affordable housing for lower-income households.
(13) "Inclusionary housing project" means a new residential developme
conversion of existing residential buildings which has at least fifteen percent (15%)
of the total units reserved and made affordable to lower-incoI
erate-income households, respectively, as required by this Chapter
(14) "Inclusionary unit" means a dwelling unit that will be offered for re
wner-occupied to rental or vice versa.
pecific plan approved on or before the effective date of this ordinance.
compensation, by the City of Carlsbad.
hapter 21.90, Section 21.90.045 of this Title.
sale exclusively to and which shall be affordable to lower-income households,
(15) "Income" means any monetary benefits that qualifies as income
teria and procedures used by the City of Carlsbad Housing a
artment for the acceptance of applications and recertifications for t
(16) "Low-income household" means those households whose gross incor
t does not exceed 80 percent of the median income for S;
ed annually by the U.S. Department of Housing and Urb;
quired by this Chapter.
ection 8 Rental Assistance Program, or its successor.
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(1 7) "Lower-income household" means low-income and very low-inco.
1 households, whose gross income does not exceed 80 percent of the median income
San Diego County as determined annually by the U.S. Department of Housing and Urk 2 Development.
3 (18) "Market-rate unit" means a dwelling unit where the rental rate or sa
price is not restricted either by this Chapter or by requirements imposed through otl
4 local, state, or federal affordable housing programs.
(19) "Net developable acreage (for base residential unit calculation
5 means the total number of acres of a subject property minus those lands considered
6 (20) "New Master Plan or Specific Plan" means any master plan or specj
7 plan approved after the effective date of this ordinance.
(21) "Target income level" means the income standards for very low, a
8 low-income levels within San Diego County as determined annually by the U
be undevelopable, as listed in Section 21.53.230 of this Code.
Department of Housing and Urban Development, and adjusted for family size.
assistance has been received from a public body in the production, occupancy and use
(23) Very low-income household'' means a household earning a gr(
income equal to 50 percent or less of the median income for San Diego County
9 (22) "Unassisted unit" means a dwelling unit regarding which no form
lo said dwelling unit.
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12 determined annually by the US. Department of Housing and Urban Development.
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21.85.030. Applicability of Inclusionarv Housinn Requirement.
(a) This Chapter shall apply to all residential market rate dwelling units resulti
from new construction of rental and "for-sale" projects, as well as the conversion
15 apartments to air-space condominiums within:
(1) New master plans or specific plans (approved after the effective ds
16 of this Ordinance);
(2) Existing master plans or specific plans (approved on or before t I'7' effective date of this Ordinance) with or without development entitlements (i.e., tentati
18 maps, final maps, building permits);
(3) Residential subdivisions not located within any master plan or speci
19 plan area; and (4) Mobile home developments; and 20
(1) Those residential units of a project for which building permits ha. 22
(5) Tentative maps for the conversion of apartments to air-spa
21 condominiums.
(b) Notwithstanding the foregoing, this Chapter shall not apply to the followin
been issued as of the effective date of this Ordinance;
23 (2) Existing residences which are altered, improved, restored, repaire
expanded or extended, provided that the number of units is not increased, however, tl. 24 Chapter shall pertain to the subdivision of land for the conversion of apartments to a
25 space condominiums;
(3) The construction of a new residential structure which replaces
26 residential structure that was destroyed or demolished within two years prior to d
application for a building permit for the new residential structure, provided that tl
27 number of residential units is not increased from the number of residential units of d
previously destroyed or demolished residential structure; 28
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(4) Any residential unit which is accessory as defined in Section 21.04.~
ode, the development of which is deemed by the City to be in the public intert
(5) Those residential units for which, consistent with this Chapter,
rdable Housing Agreement has been approved by the City, and a deed restrictj
restricting the units as affordable for households of lower-income or modera
21.85.040. Construction of Required Inclusionary Units.
g classes of residential projects or permits, for which 1
n is deemed complete on or after the effective date of this Ordinance, 1
housing requirements for lower-income households shall be satisfied throe
(1) Any residential project (i.e.; tentative map, tentative map for t
onversion of apartments to air-space condominiums, site development plan, planned u , redevelopment permit, residential mobile home park permit or conditio1
se permit) of seven (7) or more dwelling units, for which the application for said projc
complete on or after the effective date of this ordinance. Projects of sew
dwelling runits, that have been approved prior to the effective date of t
d that require, as a condition of approval, the processing of subsequent s
plans, shall be subject to the requirements of Chapter 21.85.060 and e2
elling unit will meet the inclusionary requirements by payment of an inclusion:
(2) Any residential tentative map revision, including a tentative m
e dwelling units, for which the application is deemed complete on or after t
ctive date of this Ordinance.
(3) Any residential tentative map of seven (7) or more dwelling units, i
ch the tentative map application was deemed complete on or following the effecti
d is subsequently approved for extension after the effective d:
(4) Any residential planned unit development, site development pk
sidential mobile home park permit or redevelopment permit 1
g units, for which the original project application was deem1
plete on or following the effective date of this ordinance, and is subsequenr
roved for amendment after the effective date of this Ordinance.
(b) Notwithstanding, any contrary provisions of Sections 21.85.070, 21.85.08
5.090, and 21.85.100, at the sole discretion of the final decision making author
e City, the City may determine that an alternative to the construction of nt
e construction of new units:
ion of apartments to air-space condominiums, of seven (7)
able, which shall be required to be processed through
ment, consistent with Section 21.85.150 of this Chapter.
the number of inclusionary units that are required to be bE
of Section 21.85.070 (New Master/Specific Plans), Secti,
.080 (Existing Master/Specific Plans), Section 21.85.090 (Residential Subdivision!
Section 21.85.100 (Mobile Home Parks), fractional units that result from t
las contained in these sections may be satisfied by the developer, at the discretic
developer, by either of the following alternatives:
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(1) The fractional inclusionary unit shall be treated as a whole inclusion;
(i.e.: any resulting fraction shall be rounded up to the next larger integer) and t
sionary unit shall be built pursuant to the provisions of these sections, or
(2) The fractional inclusionary unit shall not be included in the number
to be built pursuant to the provisions of these sections, but t:
he City, within 90 calendar days of the hearing date granti
discretionary permits, an amount of money equal to the fractil
needed to make affordable to a lower-income household,
te, one newly-constructed typical attached housing unit, as set forth in Sectil
1.85.050 (b) of this Chapter.
21.85.050. In-lieu Contributions.
(a) For the following classes of residential projects or permits, for which t
n was deemed complete on or after the effective date of this Ordinance, tl
usionary housing requirement for lower-income households may be met by t:
.e.; tentative map, tentative map for t:
ondominiums, parcel map, planned w
onal use permit, residential mobile home pa
permit) of six (6) dwelling units or less, for which t.
deemed complete on or after the effective date of this Ordinance.
(2) Any residential tentative map or parcel map revision, including
revision for the conversion of apartments to air-space condominiums, of!
for which the application is deemed complete on or after tl
of this Ordinance.
(3) Any residential tentative map or parcel map of six (6) dwelling uni
ch the map application was deemed complete on or after the effective da
e, and is subsequently approved for extension after the effective date
(4) Any residential planned unit development, site development pla
ermit, residential mobile home park permit or redevelopment permit fi
units or less, for which the application is deemed complete on or aft
of this Ordinance, and is subsequently approved for amendment aft.
(5) Development of 6 (six) or fewer new mobile home pads in a mobi
ch the application is deemed complete on or after the effective da
(b) The in-lieu fee to be paid for each market-rate dwelling unit shall be 1
eded to make affordable to a lower-income household 01
typical attached-housing unit. This subsidy shall be based upon tl
of the average subsidy that would be required to make affordab
oom/one-bath and three-bedroom/two-bath for-sale units and tw
oom/one-bath and three-bedroom/two-bath rental units, each with an assumt
d of payment of the in-lieu fees shall be fk , by resolution of the City Council. Said ft
ent to the City of an in-lieu fee or other in-lieu contributions.
effective date of this Ordinance.
be assessed against the market rate units/pads of a development.
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1 (d) All in-lieu fees collected hereunder shall be deposited in a Housing Trust Fu:
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of administration consistent with the policies and programs contained in the Housi 2 providing funding assistance for the provision of affordable housing and reasonable co
Said fund shall be administered by the City and shall be used only for the purpose
3 Element of the General Plan.
(e) At the discretion of the City Council, an irrevocable dedication of land
4 other non-monetary contribution of a value not less than the sum of the otherw
required in-lieu fee may be accepted in-lieu of providing the required affordable housi
5 units or in-lieu fees. The valuation of any land offered in-lieu shall be determined by
appraisal made by an agent mutually agreed upon by the City and the developer. Co 6 associated with the appraisal shall be borne by the developer.
7 (0 Where an applicant/developer is authorized to pay a fee in-lieu of developmc
of affordable housing units, approval of qualifying parcel maps, tentative maps, s
8 development plans, planned unit developments, residential mobile home park permi
redevelopment permits or conditional use permits listed in subsection 21.85.050(a) sh 9 be conditioned upon a requirement to pay the in-lieu fee in an amount established
10 resolution of the City Council in effect at the time of payment.
(g) As an alternative to paying required in-lieu fee(s), inclusionary housi
11 requirements may be satisfied either through a combined inclusionary housing proje.
pursuant to Section 21.85.110 of this Chapter or new construction of requir
12 inclusionary units, pursuant to Section 21.85.040 of this Chapter.
13 21.85.060. Inclusionarv Housing Impact Fee.
(a) For the following classes of residential projects, for which the application I* deemed complete before the effective date of this Ordinance, the inclusionary housi
15 requirement for lower-income households may be met by the payment to the City of
inclusionary housing impact fee.
16 (1) Residential projects, of any size, establishing individual lots or dwelli
units (i.e.: parcel maps, tentative maps, tentative maps for the conversion of apartmen l7 to air-space condominiums, site development plans, planned unit developmenl
18 conditional use permits, residential mobile home park permits, and redevelopme
permits), for which the application was accepted and deemed complete or approved pri
19 ,to the effective date of this Ordinance.
(2) Single family residential projects, (i.e.: parcel maps and tentative map 20 of any size, for which all discretionary approvals, except site development plans, we
granted on or before the effective date of this Ordinance and site development plans a 21 subsequently required as a condition of the prior approval and are approved after tl
22 effective date of this Ordinance.
(3) Any residential tentative map or parcel map revision, including
23 tentative map revision for the conversion of apartments to air-space condominiums, of a~
size, for which the application was deemed complete prior to the effective date of tk 24 ordinance and is approved on, before or after the effective date of this Ordinance.
(4) Any residential tentative map or parcel map for which the applicatic 25 was deemed complete before the effective date of this Ordinance, which was approvc
26 on, before or after the effective date of this Ordinance, and is subsequently approved fc
extension on, before, or after the effective date of this Ordinance.
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(5) Any residential planned unit development, site development pls
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which the application was deemed complete before the effective date of this ordinant
conditional use permit, residential mobile home park permit or redevelopment permit, i
2 which was approved on, before, or after the effective date of this Ordinance, and
3 subsequently approved for amendment on, before, or after the effective date of tl
Ordinance.
of this Ordinance, and for which a condition of approval was to pay inclusionary in4 5 fees shall instead pay a housing impact fee, in accordance with this Section.
(c) The housing impact fee to be paid for each market-rate dwelling unit shall 6 15 percent of the subsidy needed to make affordable to a lower-income household t
7 market-rate rent at a typical existing apartment for a period of 30 years. This subsj
shall be based upon the City's determination of the average subsidy that would
8 required to make affordable rents for typical one-, two-, three-, and four-bedroc
apartments. The average subsidy shall be weighted for the actual demand for housir 9 by number of bedrooms, as determined by the applications for lower-income affordaI
1o housing qualified and approved by the City.
(d) The dollar amount of the inclusionary housing impact fee shall be fixed b3
11 schedule adopted, from time to time, by resolution of the City Council. Said fee shall
4 (b) Those residential projects which were approved on or before the effective &
assessed against the market rate units of a development.
per market-rate dwelling unit basis at the time of building permit issuance, or prior to t I-3
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recordation of final map and/or issuance of certificate of compliance for conversions
existing apartments to airspace condominiums.
(f) All housing impact fees collected hereunder shall be deposited in a Housi
15 Trust Fund. Said fund shall be administered by the City and shall be used only for t
purpose of providing funding assistance for the provision of affordable housing a
16 reasonable costs of administration consistent with the policies and programs contain
17 in the Housing Element of the General Plan.
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12 (e) The inclusionary housing impact fee shall be paid, as an individual fee, or
21.85.070. Rewlations for New Master Plans or Specific Plans. (Approved af
the effective date of this Ordinance.)
19 (a) This Chapter requires the following:
(1) Not less than fifteen percent (15%) of all base residential units in a 20
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new master plan or specific plan shall be set aside for occupancy by and shall
shall have three or more bedrooms.
affordable to lower income households, at least ten percent of the lower income un 22
(b) For those developments which are required to provide ten or more un
23 (c) The inclusionary housing requirement for lower-income households in a nt
master plan or new specific plan may not be met by the payment to the City of an in-li 24 fee, other in-lieu contributions or inclusionary housing impact fee, with the exception t€
25 any resulting fractional inclusionary unit may be satisfied through the payment of a fi
as set forth in Section 21.85.040(c) of this Chapter.
26 (d) All new master plans and specific plans are required by this Chapter to provi
an Inclusionary Housing Plan within the master plan or specific plan document. TI 27 Inclusionary Housing Plan will include appropriate text, maps, tables, or figures
establish the basic framework for implementing the requirements of this Chapter. It sh 28
affordable to lower-income households.
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stablish, as a minimum, but not be limited to, the following:
(1) The total number of base residential units of the master plan or spec
(2) The number of required inclusionary units for lower-income househo
(3) The designated sites for the location of the inclusionary units, includ
t limited to any sites for locating off-site inclusionary housing projects or combir
ver the entire master plan or specific plan;
usionary housing projects;
(4) A phasing schedule for production of inclusionary units; and
(5) A general provision stipulating that an Affordable Housing Agreemc
e made a condition of all future discretionary permits for development within 1
ter or Specific Plan area (Le. tentative maps, parcel maps, planned unit developme:
e development plans). The provision shall establish that all relevant terms a
itions of any Affordable Housing Agreement shall be filed and recorded as a df
ion on those individual lots or units of a project which are designated for 1
of inclusionary units. The Affordable Housing Agreement shall be consistent w
(6) The location and phasing of inclusionary dwelling units may
ction 21.85.150 of this Chapter.
as a minor amendment to the Master Plan pursuant to Section 21.38.120 of tl
(e) For the purpose of determining the number of required lower-inco~
lusionary units in new master plans and specific plans, the following standards sh
(1) The number of required lower-income inclusionary units shall
by the following formula:
Lower-Income Inclusionq units = "base" x 0.15. (0 The base for a new master plan or specific plan is determined by multiplyi
evelopable acreage of the project site times the growth management cont
oject site's applicable general plan designation(s). If in the course
a new master plan or specific plan, the final decision making authority of t
nes that the base residential yield of the new master plan or specific pl,
chieved, then the base shall be equal to the maximum number of un
oved by the final decision making authority of the City. If a density bon
ently becomes awarded, the increased density is not included in the ba
ning the number of required inclusionary units relative to the base projc
21.85.080. Renulations for Existing Master Plans and Specific Plans. (Approv
or before the effective date of this Ordinance.)
(a) This Chapter requires the following:
(1) Not less than fifteen percent (15%) of all base residential units in a
r plan or specific plan shall be set aside for occupancy by and shall
er-income households.
(b) For those developments which are required to provide ten or more un
er-income households, at least ten percent of the lower-income un
all have three or more bedrooms.
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(c) All existing master plans or specific plans proposed for major amendme:
ant to Section 21.38.120 of this Code, shall incorporate into the amended mas
Inclusionary Housing Plan, consistent with Secti
21.85.040 and 21.85.050 of this Chapter, cert;
an existing master plan or specific plan may sati
clusionary housing requirement for lower-income households through the pap(
(e) Consistent with Section 21.85.060 of this Chapter, certain classes of proje
ts within an existing master plan or specific plan may satisfy their inclusion;
inclusionary housing impact fee.
the number of required lower-inco:
specific plan, the following standards sk
(1) The number of required lower-income inclusionary units shall
the City of an in-lieu fee or other in-lieu contributions.
by the following formula:
Lower-Income Inclusionary units = "base" x 0.1 5.
(9) The base for an existing master plan or existing specific plan shall be eq
the sum of the maximum number of dwelling units permitted under that exist
an or specific plan for all phases or individual developments within the exist
an or specific plan. If a density bonus is or subsequently becomes awarded, .
density is not included in the base when determining the number of requi
units relative to the base project yield. The base for existing master plan
phases and developments shall not be less than the maximum number
ts permitted for that phase or development in the existing master plan
except for the following specific development phases of an existing mas
(1) Where building permits were issued, on or before the effective d n of new dwelling units approved in a master p
e or individual development area, the number of dwelling uf
ts shall be subtracted from the base as otherwise determined
(2) Where a tentative map or final map (which establishes individ
g units) for any phase or individual development area o
was either approved, on or before the effective date of 1
n for said tentative map was received and deemed compl , before the effective date of this ordinance, and the num
less than the maximum number of dwelling units permit
the base shall be equal to the number of dwell
e tentative map or final map for that phase or individ
dual development area of a master plan
ive map (which establishes individual residential lot!
emed complete or approved, before the effective datc
be equal to the maximum number of dwelling u
rmitted under that master plan or specific plan for that phase or individual developrr
g a phase or individual development area of a ma:
specific plan, the final decision making authority of the City determines that
velopment of the master plan or specific plan.
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(h) An Affordable Housing Agreement shall be made a condition of all futl
Chapter requires the following:
(b) Consistent with Sections 21.85.040 and 21.85.050 of this Chapter, cert;
(c) Consistent with Section 21.85.060 of this Chapter, certain residenl
(1) The number of required lower-income inclusionary units shall
btained by the following formula:
Lower-Income Inclusionary units = "base" x 0.15.
(e) For those developments which are required to provide ten or more uf
dable to lower-income households, at least ten percent of the lower-income UT
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(h) An Affordable Housing Agreement shall be made a condition of 1
1
parcel maps, planned unit developments and site development plans). The relevant ter
discretionary permits for development of the residential subdivision (i.e. tentative ma
2 and conditions of the Affordable Housing Agreement shall be filed and recorded as a df
3 restriction on those individual lots or units of a project which are designated for 1
location of inclusionary units. The Affordable Housing Agreement shall be consistc
4 with Section 21.85.150 of this Chapter.
5 21.85.100. Redations for Mobile Home Parks.
6 (a) This Chapter requires the following:
(1) Not less than fifteen percent (15%) of all base mobile home coacl
7 and/or pads in any mobile home park shall be set aside for occupancy by and shall
affordable to lower-income households.
park may meet their inclusionary housing requirement for lower-income households 9
10
the payment to the City of an in-lieu fee or other in-lieu contributions, consistent w
Sections 21.85.040 and 21.85.050 of this Chapter.
13
obtained by the following formula: 12
(1) The number of required lower-income inclusionary units shall
inclusionary units the following standards shall apply: 11
(c) For the purpose of determining the number of required lower-inco:
shall have three or more bedrooms.
affordable to lower-income households, at least ten percent of the lower-income UI 14
(d) For those developments which are required to provide ten or more UI
Lower-Income Inclusionary units = "base" x 0.15.
15 (e) The base for a mobile home development is determined by multiplying the :
developable acreage of the project site times the growth management control point(s)
16 the project site's applicable general plan designation(s). If in the course of reviewin;
mobile home project, the final decision making authority of the City determines that i x' base residential yield of the project site cannot be achieved, then the base shall be eq
18 to the maximum number of units actually approved by the final decision making autho~
of the City. If a density bonus is or subsequently becomes awarded, the increased dem
19 is not included in the base when detefinining the number of required inclusionary UI
relative to the base project yield.
discretionary permits for development of the mobile home park (i.e. tentative ma 21 residential mobile home park permits, or conditional use permits). The relevant terms a
22 conditions of the Affordable Housing Agreement shall be filed and recorded as a df
restriction on those individual pads or units of a project which are designated for 1
23 location of inclusionary units. The Affordable Housing Agreement shall be consistent w
Section 21.85.150 of this Chapter. 24
25 21.85.1 10. Combined Inclusionarv Housinn Proiects.
Circumstances may arise from time to time in which the public interest would
26 served by allowing some or all of the inclusionary units associated with one residen
project site to be produced and operated at an alternative site or sites. Where the pari
27 in interest to the sites and the City form an agreement to such an effect, the result
28 linked project sites shall be considered to be a single combined inclusionary hous
8 (b) The development of (6) six or fewer new mobile home pads in a mobile ho,
20 (f) An Affordable Housing Agreement shall be made a condition of 1
II 1E ll IJ
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- project. It is the exclusive prerogative of the fmal decision making authority of the C
1
2
to determine whether or not it is in the public interest to authorize the residential si
to form a combined inclusionary housing project.
3
All agreements between parties to form a combined inclusionary housing proj
for the sites.
shall be made a part of the Housing Agreement (Section 21.85.150 of this Code) reqd
4 21.85.120. Affordable Housing Standards. 5 (a) Notwithstanding a developer's request to process a residential project unc
Chapter 21.86 (Residential Density Bonus) of this Code, all residential projects are subj '
7
to and must satisfy the inclusionary housing requirements of this Chapter.
(b) The required inclusionary units shall be constructed concurrent with mar
rate units unless both the final decision making authority of the City and developer ag.
8 within the Affordable Housing Agreement to an alternative schedule for developmen
(c) Inclusionary rental units shall remain restricted and affordable to 1 9 designated income group for the useful life of the project or housing unit, assuming gc
10 faith efforts to maintain the project or housing unit and rehabilitate it as necessary.
(d) After the initial sale of the inclusionary for-sale units to the designated inco:
11 group, inclusionary for-sale units shall remain affordable for their useful life; or
subsequently sold at a market price to other than targeted households, the sale SI
12 result in the recapture of the City's financial interest in the units, for use in assisting otl
eligible households. 13 (e) Inclusionary units should be built on-site and whenever reasonably possil:
14 be distributed throughout the project site.
(f) In certain cases where a combined inclusionary housing project is propos
15 the inclusionary units may be provided on a site separate from the site of the market-r
units. Construction of the inclusionary units is, limited to sites within the same C
16 quadrant in which the market-rate units are located or sites which are contiguous to
quadrant in which the market rate units are proposed. Where the required inclusion. l7 units are located within a master or specific plan area, the first priority for location of,
18 alternative site is within the same master or specific plan, followed by the same LC
Facilities Management Zone. In the event that a Local Facilities Management Z(
19 /crosses City quadrants, the required inclusionary units shall be located within the sa:
City quadrant in which the market-rate units are located.
on sites that are in proximity to or will provide access to employment opportunitj 21 urban services, or major roads or other transportation and commuter rail facilities C
22 freeways, bus lines) and that are compatible with adjacent land uses.
23 developer/applicant may reduce both the size and amenities of the inclusionary UI
provided that all units conform to the requirements of the applicable building and hous 24 codes. The design of the inclusionary units shall be reasonably consistent or compati
25 with the design of the total project development in terms of appearance, materials :
finished quality.
26 (i) Inclusionary projects shall provide a nix of affordable dwelling units
number of bedrooms) in response to affordable housing demand priorities of the C
27 whenever feasible.
20 (g) Inclusionary units restricted for lower-income households should be loca
(h) With the approval of the final decision making authority of the City,
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v1 . Ii 0 0 II - (j) No building permit shall be issued, nor any development approval granted
1 a development which does not meet the requirements of this chapter. No inclusion;
2
3 21.85.130. Incentives to Offset the Cost of Affordable Housing Development$
The inclusionary housing regulations established by this Chapter &e a portion
4 the requirements which must be met by parties wishing City approvals for
construction of residential developments in the City of Carlsbad. The City shall in g( 5 faith consider making available to the development industry incentives or financ
assistance to enable residential projects to provide affordable housing to lower-inco 6 households. Incentives or financial assistance will be offered by the City to the ext
7 that resources for this purpose are available to the City and approved for such use by
City Council, and to the extent that the residential projects, with the use of incentive:
8 financial assistance, assists in achieving the City's housing goals. To the degree that 1
City makes available programs to provide incentives or financial assistance to 1 9 development industry, developers may make application for such incentives or assistan
However, nothing in this Chapter establishes, directly or through implication, a right lo a developer to receive any assistance or incentive from the City or any other party
11 agency to enable him/her to meet the obligations established by this Chapter. Proje
are entitled to density bonuses and/or other incentives in accordance with provisions
12 state law, pursuant to the provisions of Chapter 21.86. of this code. Any incenti
rovided by the final decision making authority of the City and the allowable hous: 13 Expenses established by the final decision making authority of the City shall be set t
14 within the Affordable Housing Agreement pursuant to Section 21.85.150. Furthermc
developers are encouraged to utilize local, state or federal assistance, when available,
15 meet the affordability standards set forth in Section 21.85..020 (1).
16 21.85.140. Preliminaw Pro-iect Apdication and Review Process.
(a) An applicant/developer proposing an inclusionary housing project, shall sub: l7 a preliminary application to the Planning Director prior to the submittal of any fon
18 applications for such housing development. The preliminary application shall include
following information:
inclusionary units proposed;
number(s) of the project site;
unit shall be rented or sold except in accordance with this chapter.
19
(2) The Zoning, General Plan designations and assessors par 20
(1) A brief description of the proposal including the number
21 (3) A site plan, drawn to scale, which includes: building footprir
22 driveway and parking layout, building elevations, existing contours and proposed gradi
(4) A letter identifying what specific incentives (i.e.; standa 23
and
25
for each incentive request should also be included. Z4 modifications, density bonus or fee subsidies) are being requested of the City. Justificat
(b) Within thirty days of receipt of the preliminary application by the Plann
Director for projects not requesting incentives or financial assistance, or ninety days
26 projects requesting incentives or financial incentives, the department shall provide to
applicant/developer, a letter which identifies project issues of concern, the incenti
27 and/or financial assistance that the Planning Director can support when makin1
28 recommendation to the final decision-making authority, and the procedures
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a ed with a copy of t
rnia Codes to wh
21.85.150. Inclusion of Affordable Housing Agreement as a Condition
cants/developers, subject to this Chapter, shall demonstrate complia
by the preparation and approval of an Affordable Housing Agreeme
Development Director or his designee for final appro\
the signing by all parties the completed Affordable Housj , and the relevant terms and conditions therefrom filed a
f affordable unit. The approval and recordation shall t:
oval or, where a map is not being processed, prior to 1
r such lots or units. The Affordable Housing Agreemc
Agreement, for which the inclusionary housi
new construction of inclusionary units, either (
lusionary housing project, shall establish, but I
sionary dwelling units proposed;
ers and successors in interest.
(2) The unit size(s) (square footage) of the inclusionary units and t
(6) Incentives and/or financial assistance provided by the City;
(7) Where applicable, terms and conditions establishing rules a
for qualifying tenants, setting rental rates, fling vacancies, and operating a
g units for affordable inclusionary dwelling units;
(8) Where applicable, terms and conditions governing the initial sale off:
to include the followiq
(1) The method, schedule and value of total in-lieu contributions; and
d for projects which v
be satisfying their inclusionary housing requirement through payment to the City of
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s
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21.85.160. Inclusionary Housinv Resale Ameement. 1 All buyers of for-sale inclusionary units shall enter into an Inclusionary Hc
Resale Agreement with the City's Housing Authority prior to purchasing the u 2
may not be transferred without prior approval of the City's Housing Authority. 3
property. The Resale Agreement shall specify that the title to the subject unit or prc
4
6
defined in Section 21.85.020 shall be eligible to occupy inclusionary units. 5
21.85.170. Elinibilitv Reauirements.
Only households meeting the standards for designated lower income grot
21.85.180. Management and Monitoring.
7 (a) Inclusionary rental units shall be managed/operated by the owner of thf
or his or her agent. Each owner of inclusionary rental units shall submit an annual 8
inclusionary units, the monthly rent, vacancy information for each inclusionary rent:
to the City, at the end of the previous calendar year, identifying which unil
9 for the prior year, monthly income for tenants of each inclusionary rental unit throu
10 the prior year, and other information as required by the City, while ensuring the p:
11
of the tenant.
21.85.190. Collection of fees. 12 All fees collected under this Chapter shall be deposited into a Housing Trust
13
14
15 If any provision of this chapter or the application thereof to any pers
circumstances is held invalid, the remainder of the chapter and the application I l6 provision to other persons not similarly situated or to other circumstances shall x
17 affected thereby.
18 EFFECTIVE DATE: This ordinance shall be effective thirty days after its ado
l9 I and the City Clerk shall certify to the adoption of this ordinance and cause it
20 published at least once in the Carlsbad Sun within fifteen days after its adoption.
21
and shall be expended only for the affordable housing needs of lower-income house
and reasonable costs of administration consistent with the purpose of this Chapter,
21.85.200. Separability of Provisions.
22 ll INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City CI
23 /I on the 13th day of April , 19% and thereafter.
24 11 --.
25 I .*- 26
27 I1 19
28
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E e e
II PASSED AND ADOPTED at a regular meeting of the City Council of the City
1 I/ Carlsbad on the 20th day of APRIL , 19 93 , by the following vote, to wit: 2
AYES: Council Members Lewis, Stanton, Kulchin
NOES: None
ABSENT: Council Members Nygaard, Finnila
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