HomeMy WebLinkAbout1993-04-20; City Council; NS-233; CMC 21.86 add - Residential density bonus/in-lieu incentives...? &
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ORDINANCE NO. NS-233
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITYOFCARLSBAD,CALIFORNIA,AMENDINGTITLE
21 OF THE CARLSBAD MUNICIPAL CODE BY THE
ADDITION OF CHAPTER 21.86 TO ESTABLISH
REQUIREMENTS FOR THE RESERVATION AND
AFFORDABILITY OF HOUSING UNITS FOR LOWER-
INCOME AND MODERATE-INCOME HOUSEHOLDS
AND SENIOR CITIZENS IN RESIDENTIAL PROJECTS
UNDER A CITY WIDE DENSITY BONUS PROGRAM.
APPLICANT: CITY OF CARLSBAD
CASE NO: ZCA 91-05
WHEREAS, the California Government Code Section 65915 permit!
10 developer of a residential project of five (5) or more units on a specific site to request t:
11 the project be granted either a minimum 25% density bonus and at least one additio
12 incentive or concession, or incentives of equivalent financial value for the purpose
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providing affordable housing for very low-income or low-income households or
qualifymg (senior) residents; and
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WHEREAS, the California Government Code Section 65915.5 permit:
developer proposing to convert apartments to condominiums, to request that the projc 17
18 be granted a minimum 25% density bonus or other incentives of equivalent financial Val1
19 in exchange for reserving a specific percentage of the converted condominium units :
2o lower or moderate-income households; and
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25 WHEREAS, it is a program of the Housing Element of the City's Gene:
26 Plan to prepare an Ordinance which implements State Government Code Sections 659
27 and 65915.5.
WHEREAS, the California Government Code Sections 65915 and 6591
require that local jurisdictions adopt an ordinance which establishes the procedure i
implementing the density bonus/incentive program;
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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 21.86 to read as follows:
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RESIDENTIAL DENSITY BONUS OR IN-LIEU INCENTIVES 5
"Chapter 21.86
6 Sections:
21.86.010 Purpose and Intent
21.86.030 Regulations for New Residential Construction
8 21.86.040 Regulations for Condominium Conversions
21.86.050 Combined Density Bonus Housing Projects
7 21.86.020 Definitions
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21.86.100 Inclusion of Density Bonus Housing Agreement as a Condition 12
21.86.080 Expiration of Affordability Tenure 11
21.86.060 Density Bonus, Equivalent In-lieu Incentives, and Additional
10 Incentives
21.86.070 Density Bonus Housing Standards
21.86.090 Density Bonus or In-lieu Incentive Application and Review Procl
13 21.86.110 Density Bonus Resale Agreement
14 21.86.120 Eligibility Requirements
21.86.130 Management and Monitoring
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16 21.86.150 Separability of Provisions
21.86.140 Administrative Fee for Target Dwelling Units
17 21.86.010. Purpose and Intent.
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The public good is served when there exists in a city, housing which is appropri:
for the needs of and affordable to all members of the public who reside within that cj
Among other needs, there is in Carlsbad a need for housing affordable to lower-incol
19 households and senior citizens. Therefore, it is in the public interest for the City
promote the construction of such additional housing through the exercise of its powers a 2o the utilization of its resources.
21 (a) It is the purpose of this Chapter to provide incentives to developers for 1
production of housing affordable to lower-income households, moderate-inco:
22 households and senior citizens.
(b) It is the purpose of this Chapter to implement the goals, objectives, a
23 policies of the Housing Element of the City's General Plan.
(c) It is the purpose of this Chapter to implement Sections 65915 - 65917, of t 24 California Government Code.
25 (d) Nothing in this chapter is intended to create a mandatory duty on behalf of 1
City or its employees under the Government Tort Claims Act and no cause of actj
26 against the City or its employees is created by this chapter that would not ar
independently of the provisions of this chapter. 27
Development
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21.86.020. Definitions.
Whenever the following terms are used in this Chapter, they shall have the meani
established by this section:
(1) "Additional incentive(s)" means any incentive(s) that is offered
addition to the twenty-five percent (25%) density bonus.
(2) "Affordable housing (Density Bonus)" means housing for which I
allowable housing expenses paid by a qualifylng household shall not exceed a specifj
fraction of the gross monthly income, adjusted for household size, for the following clas!
of housing:
A. Very low-income, rental and for-sale units: 30 percent of I
gross monthly income, adjusted for household size, at 50 percent of the County med:
income.
B. Low-income, rental units: 30 percent of the gross mont
income, adjusted for household size, at 60 percent of the County median income.
C. Low-income, for-sale units: 30 percent of the gross mont
income, adjusted for household size, at 70 percent of the County median income.
D. Moderate-income, for-sale units: 35 percent of the grl
monthly income, adjusted for household size, at 110 percent of the County median incor
(3) "Allowable Housing Expense" means the total monthly or ann
recurring expenses required of a household to obtain shelter. For a for-sale unit, allowd
housing expenses include loan principal, loan interest, property and mortgage insuran
property taxes, home owners association dues and a reasonable allowance for utilities. E
a rental unit, allowable housing expenses include rent, and a reasonable allowance
utilities.
(4) "Combined density bonus housing project" means separate residen
development sites which are linked by a contractual relationship such that some or all
the target dwelling units and/or density bonus dwelling units which are associated m
one development site are produced and operated at an alternative development site
sites.
(5) "Conversion" means the change of occupancy of a dwelling unit frl
owner-occupied to rental or vice versa.
(6) "Density bonus (condominium conversions)" means a minimum incre;
of at least twenty-five percent (25%) over the number of apartments within the exist
structure or structures proposed for conversion.
(7) "Density Bonus (new residential construction)" means a minimum den!
increase of at least twenty-five percent (25%) over either the Growth Managem
Control Point of the applicable General Plan designation, as defined in Section 21.90.i
of this Title, or the otherwise maximum allowable residential density as specified by
applicable master plan or specific plan, at the time of application.
(8) "Density bonus dwelling units" means those residential units gran
pursuant to the provisions of this Chapter which are above the maximum allowa
residential yield of the project site.
(9) "Density Bonus Housing Agreement" means a legally binding agreem
between a developer and the City to ensure that the density bonus requirements of '
Chapter are satisfied. The agreement establishes the number of target dwelling units i
density bonus dwelling units, the unit sizes, location, affordability tenure, terms i
conditions of affordability and unit production schedule.
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v (10) "Growth Management Control Point" shall have the same meaning 1 Chapter 21.90, Section 21.90.045 of this Title.
in-lieu of the twenty-five percent (25%) density bonus and additional incentive. 4
equivalent financial value based upon the land cost per dwelling unit(s), that are offel
(12) "In-lieu Incentives" means incentives offered by the City, which are 3
conversion of existing residential building(s) of five (5) or more residential dwelling un 2 (11) "Housing Development" means a new residential development
(13) "Incentives" means such regulatory concessions as stipulated in St; 5 Government Code Section 65915(h), to include, but not be limited to the reduction of z
development standards or zone code requirements, approval of mixed use zoning 6 conjunction with the housing project, or any other regulatory incentive which would res
7 in identifiable cost reductions to enable the provision of housing for lower-inco
households and qualifymg residents.
accordance with the criteria and procedures used by the City of Carlsbad Housing 2 9
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Redevelopment Department for the acceptance of applications and recertifications for I
Section 8 Rental Assistance Program, or its successor.
of residential units permitted on the project site, which number of units is calculated 16
(18) "Maximum allowable residential yield" means the maximum numl
local, state, or federal affordable housing programs. 15
price is not restricted either by this Chapter or by requirements imposed through otl
(17) "Market-rate Unit" means a dwelling unit where the rental rate or sa 14
households, whose gross income does not to exceed 80 percent of the area median incor l3 (16) "Lower-income Household" means low-income and very low-inco Development. 12
Diego County as determined annually by the U.S. Department of Housing and Url
is more than 50 percent but does not exceed 80 percent of the median income for 5 11
(15) "Low-income Household" means those households whose gross inco
a (14) "Income" means any monetary benefits that is determined as income
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multiplying the net developable acreage of the project site times the growth manageml
control point(s) for the project site's applicable residential General Plan designation(
(19) "Moderate-income Household" means those households whose gr
income is more than 80 percent but does not exceed 120 percent of the median inco
for San Diego County as determined annually by the U.S. Department of Housing :
Urban Development.
(20) "Partial Density Bonus" means a density bonus less than twenty4
percent (25%).
(21) "Qualifymg Resident" means a resident as defined in Section 51.2
the California Civil Code.
(22) "Target Dwelling Unit" means a dwelling unit that will be offered
rent or sale exclusively to and which shall be affordable to the designated income grt
or qualified (senior) resident, as required by this Chapter.
(23) "Target Income Level" means the income standards for very low, :
and moderate-income levels within San Diego County as determined annually by the I
Department of Housing and Urban Development, and adjusted for family size.
(24) "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
determined annually by the U.S. Department of Housing and Urban Development.
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21.86.030. Regulations for New Residential Construction.
(a) The City shall grant either: a density bonus and at least one additio
incentive, as set forth in Section 21.86.060(c), or in-lieu incentives of equivalent financ
value, as set forth in Section 21.86.060(c) to an applicant or developer of a hous
development of at least five (5) units, who agrees to construct the following:
(1) A minimum of twenty percent (20%) of the total units of the hous
development as restricted and affordable to low-income households, or
(2) A minimum of ten percent (10%) of the total units of the hous
development as restricted and affordable to very low income households; or
(3) A minimum of fifty percent (50%) of the total units of the hous
development as restricted to qualified (senior) residents.
(b) In determining the number of density bonus dwelling units to be gran
pursuant to the standards of this Section, the maximum allowable residential yield for
site, shall be multiplied by 0.25. Any resulting decimal fraction shall be rounded to
next larger integer.
(c) In determining the number of target dwelling units to be reserved pursuanl
the standards of this Section, the maximum allowable residential yield shall be multipl
by either 0.10, 0.20 or 0.50, for very low-income households, low-income households
qualified residents, respectively. The density bonus shall not be included when determin
the number of housing units which is equal to ten percent (lo%), twenty percent (20'
or fifty percent (50%) of the total units of the housing development. Any result
decimal fraction shall be rounded to the next larger integer.
(d) In cases where a density increase of less than twenty-five percent (25%'
requested, no reduction will be allowed in the number of target dwelling units requirt
(e) In cases where a density increase of more than twenty-five percent (25%
requested, the requested density increase is an additional density bonus and shall
considered an additional incentive, in accordance to Section 21.86.060(c) of this Chap1
The final decision making authority of the City may at its discretion grant an additio
density bonus if a written finding is made by the final decision making authority of the (
that the additional density bonus is required in order for allowable housing expenses to
set as affordable. The City in granting an additional density bonus may require so
portion of the additional density bonus to be designated as target dwelling units.
(f) In cases where the developer agrees to construct both twenty percent (20
of the total units for low-income households and ten percent (10%) of the total units
very low-income households, the developer is entitled to only one density bonus anc
least one additional incentive.
(g) A Density Bonus Housing Agreement shall be made a condition of
discretionary permits (i.e.; tentative maps, parcel maps, planned unit developme
condominium permits, site development plans and redevelopment permits) for all hous
developments that request a density bonus and additional incentives or in-lieu incentil
The relevant terms and conditions of the Density Bonus Housing Agreement shall be fj
and recorded as a deed restriction on those individual lots or units of a pro:
development which are designated for the location of target dwelling units. The Den
Bonus Housing Agreement shall be consistent with Section 21.86.100 of this Chapte
21.86.040. Regulations for Condominium Conversions.
(a) The City shall grant either: a density bonus, or in-lieu incentives of equival
financial value, as set forth in Section 21.86.060(c), to an applicant or developer propo!:
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to convert apartments to condominiums, and who agrees to provide the following:
housing development as restricted and affordable to low-income or moderate-incc
(2) A minimum of fifteen percent (15%) of the total units of the hou!
1 (1) A minimum of thirty-three percent (33%) of the total units of
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households; or
development as restricted and affordable to lower-income households.
be ineligible for a density bonus or in-lieu incentives under this Section if the apartme 5
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proposed for conversion constitute a housing development for which a density bonus
in-lieu incentives were previously provided under this Chapter.
pursuant to the standards of this Section, the number of existing apartment units wit 7
(c) In determining the number of density bonus dwelling units to be gran
or moderate-income households or lower-income households, respectively. The den! lo or structures proposed for conversion shall be multiplied by either 0.33 or 0.15, for
the standards of this Section, the number of existing apartment units within the struct 9 (d) In determining the number of target dwelling units to be reserved pursuan
resulting decimal fraction shall be rounded to the next larger integer. 8
the structure or structures proposed for conversion shall be multiplied by 0.25. 1
11 bonus shall not be included when determining the number of housing units which is eq
to thirty-three percent (33%) or fifteen percent (15%) of the total units of the hous
12 development. Any resulting decimal fraction shall be rounded to the next larger integ
(e) In cases where a density increase of less than twenty-five percent (25%' I.3 requested, no reduction will be allowed in the number of target dwelling units requir
14 (f) A Density Bonus Housing Agreement shall be made a condition of
discretionary permits (tentative maps, parcel maps, planned unit developments 2
15 condominium permits) for all condominium conversion proposals that request a den;
bonus or in-lieu incentives. The relevant terms and conditions of the Density Bo; 16 Housing Agreement shall be filed and recorded as a deed restriction on those individ
lots or units of a project development which are designated for the location of tar( I"7 dwelling units. The Density Bonus Housing Agreement shall be consistent with Sect]
18 21.86.100 of this Chapter.
4 (b) An applicant/developer proposing to convert apartments to condominiums SI
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21.86.050. Combined Densitv Bonus Housing; Projects.
Circumstances may arise from time to time in which the public interest would
served by allowing some or all of the density bonus and/or target dwelling units associal
with one residential project site to be produced and operated at an alternative site
sites. Where the parties in interest to the sites and the City form an agreement to SI
an effect, the resulting linked project sites shall be considered to be a single combir
density bonus housing project.
It is the exclusive prerogative of the final decision making authority of
City to determine whether or not it is in the public interest to authorize the resident
sites to form a combined density bonus housing project.
All agreements between parties to form a combined density bonus housj
project shall be made a part of the Density Bonus Housing Agreement (Section 21.86.1
of this Code) required for the sites.
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21.86.060. Density Bonus, Equivalent In-lieu Incentives. and Additional Incenti
decision-making authority of the City shall grant either: a density bonus and at least 2
income or senior housing developments. 3
additional incentive or in-lieu incentives of equivalent financial value to qualified lo\
(b) Upon application by a developer, pursuant to Section 21.86.040, the f
4 decision-making authority of the City shall grant either: a density bonus or in-.
incentives of equivalent financial value to qualified lower-income and/or moderate-incc 5 housing developments.
(c) Additional incentives or in-lieu incentives, as defined in Sections 21.86.02( ' and (12) respectively, may include, but are not limited to, the following:
1 (a) Upon application by a developer, pursuant to Section 21.86.030, the f
7 (1) A reduction in site development standards or a modification of ZOI
code requirements or architectural design requirements which exceed the minin
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including, but not limited to, a reduction in setback and square footage requirements : 9 Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Cc
building standards approved by the State Building Standards Commission as providec
in the ratio of vehicle parking spaces that would otherwise be required;
(2) Approval of mixed use zoning in conjunction with the hous 10
11 development if land uses are compatible with the housing development and mixed
zoning will reduce the cost of developing the housing; or
13 or the City which result in identifiable cost reductions;
(4) Partial or additional density bonus;
14 (5) Subsidized or reduced planning, plan check or permit fees; and
(6) Direct financial aid including, but not limited to redevelopment set-as,
15 funding, Community Development Block Grant funding, or subsidizing infrastructure, la
cost or construction costs or other incentives of equivalent financial value based upon 1 16 land costs per dwelling unit.
(d) The value of each incentive will vary from project to project, therefc ''I additional incentives or in-lieu incentives shall be determined on a case-by-case basis,
18 (e) The City shall provide at least one additional incentive, for qualified hous
developments as set forth in Section 21.86.30, upon a written request by the develo]
19 unless the City makes a written finding that the additional incentive is not required
order for allowable housing expenses to be set as affordable. The applicant/owner sh
12 (3) Other regulatory incentives or concessions proposed by the develo
20 i be required to show that the additional incentive is economically necessary to make I
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units affordable as required by this Chapter. The process for requesting an additiol
incentive and the criteria for evaluating such request is contained in Section 21.86.090
this Chapter.
(f) It is the exclusive prerogative of the City to offer in-lieu incentives of equivalc
financial value, based upon the land cost per dwelling unit, instead of a density bonus a
at least one additional incentive.
(g) Where a density bonus would cause a housing development targeted for low
income households, moderate-income households or qualified seniors to exceed the up^
end of the General Plan density range for the project site, then this request shall
evaluated relative to the proposal's compatibility with adjacent land uses and its proxim
to employment opportunities, urban services or major roads.
(h) All qualified housing developments as set forth in Sections 21.86.30 a
~ 21.86.40 shall be given priority in processing. I I1 -7- I/
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21.86.070. Density Bonus Housinp Standards.
(a) Notwithstanding a developer’s request to process a residential project pursui
to this Chapter, all residential projects are subject to and must satisfy the requireme
(i.e. number of required lower and/or moderate-income units, tenure of affordability, a
target income groups) of Chapter 21.85 (Inclusionary Housing) of this Code.
(b) Some of the provisions of this Chapter may satisfy the developer’s inclusion;
housing obligations (i.e.: 15 percent of the base units reserved as affordable to low
income households for a minimum 30 year tenure) consistent with Chapter 21.85 of t
Code, and other provisions of this Chapter will not.
(c) Required target dwelling units should be constructed concurrent with marl
rate dwelling units unless both the final decision making authority of the City and I
developer/applicant agree within the Density Bonus Housing Agreement to an alternat
schedule for development.
(d) Target dwelling units shall remain restricted and affordable to the designal
group for a period of at least thirty (30) years, or a longer period of time if required
the construction or mortgage financing assistance program, mortgage insurance progra
or rental subsidy program, under the following circumstances:
(1) Both a density bonus and at least one additional incentive are gram
by the City;
(2) In-lieu incentives in the form of direct financial contributions are granl
by the City; or
(3) Any target unit which is provided through the conversion of apartme
to air space condominiums.
(e) Target dwelling units shall remain restricted and affordable to the designal
group for a period of at least ten (10) years under the following circumstances:
(1) Only a density bonus is granted and no additional incentives are granl
by the City; or
(2) In-lieu incentives other than direct financial contributions are granl
by the City.
(f) Target dwelling units and density bonus dwelling units should be built on-s
and, whenever reasonably possible, be distributed throughout the project site.
(g) In certain cases where a combined density bonus housing project is proposl
the target dwelling units and density bonus dwelling units may be provided on a 5
separate from the site of the market-rate units. Construction of the target dwelling UI
and density bonus dwelling units is limited to sites within the same City quadrant
which the market-rate units are located. However, in the event that two properties a1
a road, which forms a quadrant boundary, and the two properties are contiguous, excc
for the presence of the roads, then the target dwelling units and/or density bonus units n
be provided on the other property. Where the target dwelling units are located withi
master or specific plan area, the first priority for location of the alternative site is wit
the same master or specific plan, followed in order by the same Local Facilil
Management Zone. In the event that a Local Facilities Management Zone crosses (
quadrants, the target dwelling units and density bonus dwelling units shall be located wit
the same City quadrant in which the market-rate units are located.
(h) Target dwelling units should be located on sites that are in proximity to or 1
provide access to employment opportunities, urban services, or major roads or ot:
transportation and commuter rail facilities (i.e. freeways, bus lines) and that
compatible with adjacent land uses.
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(i) Density bonus projects shall include a mix of target dwelling units (by numl
of bedrooms) in response to affordable housing demand priorities of the City, whene
feasible.
(j) Density bonus projects shall comply with all applicable development standa1
except those which may be modified as an additional incentive as provided herein u
regard to additional incentives. In addition, all units must conform to the requireme
of the applicable building and housing codes. The design of the target dwelling UI
shall be reasonably consistent or compatible with the design of the total proj
development in terms of appearance, materials and finished quality.
(k) No building permit shall be issued, nor any development approval granted,
a development which does not meet the requirements of this chapter. No target dwell
unit shall be rented or sold except in accordance with this chapter.
21.86.080. Emiration of Affordabilitv Tenure.
(a) At the end of the minimum tenure for rental units in projects containing tar
units or for-sale target dwelling units a notice of availability of the rental project or for-s
target dwelling unit(s) shall be prepared by the property owner and submitted to
Housing and Redevelopment Director. Within 90 days of the notification of availabi
of the rental project or for sale target dwelling unit(s), the City, or its designee has the f
right of refusal to buy the rental project or for-sale target dwelling unit(s) for the purpo
of providing affordable housing. Under this option, the City or its designee will mak
good faith effort to close escrow within 90 days. The sales price of the rental project
for-sale unit(s) shall be the fair-market appraised value at the time of sale, assum
continued affordability restrictions. The fair-market valuation of the rental project or f
sale target dwelling unit(s) shall be determined by an appraisal made by an agent mutu:
agreed upon by the City and the property owner. Costs associated with the appraisal SI
be borne by the property owner.
(b) If the City or its designee fails to exercise its option of first right of refusa:
purchase the rental project or for-sale target dwelling unit(s) within 90 days of notificat
of availability of the rental project or for-sale units, then the target units may be conver
to market-rate units under the following circumstances:
(1) The management of the complex intending to convert target rental UI
to market-rate units shall give notice of such intent, via registered mail, to each affec
tenant household and to the City Clerk. Said notice shall be given at least one hund
eighty (180) days prior to the date proposed for conversion to market-rate rents; anc
(2) Each affected tenant household shall be eligible to receive re1
relocation assistance in an amount equal to four (4) months rent, said assistance to
provided by the ownedmanagement company and paid to the tenant at least sixty (
days prior to conversion to market-rate rents.
21.86.090. Densitv Bonus or In-lieu Incentive Application and Review Proces
(a) All residential projects requesting a density bonus, additional incentive(s:
in-lieu incentives pursuant to this Chapter, shall be required to comply with the follou
application requirements:
(1) Application for on-site target dwelling units: Target dwelling u
proposed to be developed within the same project site requiring such units shall
designated on the project plans and shall be processed under a Site Development E
application in addition to the otherwise required project development application(s) (
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tentative maps, parcel maps, planned unit developments, conditional use permits 2
redevelopment permits). The Site Development Plan shall be processed pursuant
Section 21.53.120 of this Code. No additional hearings or approvals shall be requir
except as provided herein with regard to the provision of financial incentives. If
application involves a request to the City for direct financial incentives, then any action
the Planning Commission on the application shall be advisory only, and the City COUI
shall have the authority to make the final decision on the Site Development P
application and any related discretionary permits.
(2) Application for Combined Density Bonus Housing Projects: Separ
development application(s) (including the submittal of a Site Development Plan) shall
processed concurrently for both sites unless the alternative site has previously receil
its discretionary permits. No additional applications, hearings or approvals shall
required, except as provided herein with regard to the provision of financial incentil
If the application involves a request to the City for direct financial incentives, then ;
action by the Planning Commission on the application shall be advisory only, and the (
Council shall have the authority to make the final decision on all of the requi
development permits.
(b) Preliminary application: An applicant/developer proposing a density bo:
housing project, shall submit a preliminary application prior to the submittal of any fon
requests for approvals of such housing development. The preliminary application SI
include the following information:
(1) A brief description of the proposal including the number of tar
dwelling units and density bonus units proposed;
(2) The Zoning, General Plan designations and assessors parcel numbel
of the project site;
(3) A site plan, drawn to scale, which includes: building footprints, drive\
and parking layout, building elevations, existing contours and proposed grading; and
(4) A letter identifylng what specific incentives (i.e.; standards modificatic
density bonus, or fee subsidies) are being requested of the City. Within thirty days
receipt of the preliminary application by the Planning Director for projects not request
direct financial assistance from the City, or ninety days for projects requesting diI
financial assistance from the City, the department shall provide to an applicant/develoI
a letter which identifies project issues of concern, the financial assistance that the Plann
Director can support when making a recommendation to the final decision mak
authority and the procedures for compliance with this Chapter. The applicant shall 2
be provided with a copy of this Chapter and related policies, the pertinent sections of
California Codes to which reference is made in this Chapter and all required applicat
forms.
(c) Submittal: The completed application(s) shall include the follou
information:
(1) A legal description of the total site proposed for development of
target dwelling units including a statement of present ownership and present and propo
zoning;
(2) A letter signed by the present owner stating what incentives, if any,
being requested from the City;
(3) A detailed vicinity map showing the project location and such detail
the location of the nearest commercial retail, transit stop, potential employment locatic
park or recreation facilities or other social or community service facilities.
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(4) Site plans, designating the total number of units proposed on the s
including the number of target dwelling units and density bonus dwelling units, 2
supporting plans per the application submittal requirements.
(5) In the case of a request for any incentive(s), a pro-forma for .
proposed project to justify the request.
(6) In the case of a condominium conversion request, a report document
the following information for each unit proposed to be converted: the monthly income
tenants of each unit throughout the prior year, the monthly rent for each unit throughc
the prior year, and vacancy information for each unit throughout the prior year.
(d) Review: The Community Development Director and/or his/her designated SI
shall evaluate the request based upon the following criteria:
(1) The density bonus housing project helps achieve the City’s housing gc
for lower-income, moderate-income or qualified senior households, as set forth in
Housing Element of the General Plan;
(2) The requested incentive(s) (including, but not limited to, additio
density bonuses, requests for a mixed use project, reduction in development standards,
direct or indirect financial contributions) must be necessary to make the proj
economically feasible;
(3) The housing project shall not result in an overall development patti
that is incompatible with other land uses in the immediate vicinity; and
(4) The density bonus housing project complies with the General PI
zoning and development policies of the City of Carlsbad.
(5) That the conversion of apartment units to condominiums shall not re!
in a reduction in the affordable housing stock for lower income groups, as of the m
recent inventory.
(6) In cases where an applicant/developer agrees to construct a hous
development with ten percent (10%) or twenty percent (20%) or fifty percent (50%:
the units restricted and affordable to very low-income, low-income, or qualified househr
respectively, and an additional incentive is requested, the Planning Director and/or his s
cannot disallow the incentive(s) listed in Section 21.86.060(c) on the basis that i
materially detrimental to public health and safety.
21.86.100. Inclusion of Density Bonus Housing Agreement as a Condition
DeveloDment.
(a) Applicants/developers, requesting a density bonus, additional incentives or
lieu incentives pursuant to this Chapter, shall demonstrate compliance with this Chal
by the preparation and approval of a Density Bonus Housing Agreement. A Den
Bonus Housing Agreement shall be submitted by the applicant to the City. The term:
the draft agreement shall be reviewed by the Planning Director and Director of Houz
and Redevelopment, who shall formulate a recommendation and refer the matter to
Community Development Director or hisher designee for final approval. Following
approval and the signing by all parties, the completed Density Bonus Housing Agreem
shall be recorded and the relevant terms and conditions therefrom filed and recordec
a deed restriction on those individual lots or units of a property which are designated
the location of target dwelling units. The approval and recordation shall take place p:
to final map approval, or, where a map is not being processed, prior to issuance
building permits for such lots or units. The Density Bonus Housing Agreement shall
binding to all future owners and successors in interest.
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(b) A Density Bonus Housing Agreement for new residential construct
processed pursuant to this Chapter shall include the following:
(1) The number of density bonus dwelling units granted;
(2) The number of lower-income and senior dwelling units proposed;
(3) The unit size(s) (square footage) of target dwelling units and
(4) The proposed location of the lower-income and senior target dwel:
(5) Tenure of restrictions for target dwelling units (of at least 10 or
(6) Schedule for production of target dwelling units;
(7) Incentives and/or financial assistance provided by the City;
(8) Where applicable, tenure and conditions governing the initial sale of
sale target units; and
(9) Where applicable, tenure and conditions establishing rules 2
procedures for qualifymg tenants, setting rental rates, filling vacancies, and operating :
maintaining units for rental target dwelling units.
(c) A Density Bonus Housing Agreement for condominium conversions proces
pursuant to this Chapter shall be required to include the following:
number of bedrooms per target dwelling unit;
units;
years);
(1) The number of density bonus dwelling units granted;
(2) The number of lower and moderate-income dwelling units propost
(3) The unit size(s) (square footage) of target dwelling units and
l3 /I number of bedrooms per target dwelling unit;
14 (4) The proposed location of the lower and moderate-income tar
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(8) Terms and conditions of for-sale target dwelling units.
(7) In-lieu incentives provided by the City; and 16
(6) Schedule for production of target dwelling units;
(5) Tenure of affordability for target dwelling units (30 year minimum:
dwelling units;
17 (d) Where an Inclusionary Housing Agreement is required pursuant to Sect
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21.85.160, both the Density Bonus and Inclusionary Housing Agreements shall
combined into a single Housing Agreement.
21.86.1 10. Density Bonus Resale Agreement. 20 (a) All buyers of for-sale target dwelling units shall enter into a Density BO
Resale Agreement with the City’s Housing Authority prior to purchasing the unit 21
(b) Where an Inclusionary Resale Agreement is required pursuant to Sect:
may not be transferred without prior approval of the City’s Housing Authority. 22
property. The Resale Agreement shall specify that the title to the subject property or I
23 21.85.170, both the Resale Agreements for inclusionary for-sale units and target for-s
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25 21.86.120. Elirribilitv Reauirements.
Only households meeting the standards for lower-income households, modera
26 income households, and qualified (senior) residents as defined in Section 21.86.020 SI
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units shall be combined into a single Resale Agreement.
be eligible to occupy target dwelling units.
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21.86.130. Management and Monitoring, -
1 Rental target dwelling units shall be managed/operated by the developer or hi:
her agent. Each developer of rental target dwelling units shall submit an annual reF 2
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to the City identifymg which units are target dwelling units, the monthly rent, vaca
information for each target rental dwelling unit for the prior year, monthly income
as required by the City, while ensuring the privacy of the tenant. 4
tenants of each target rental dwelling unit throughout the prior year, and other informal
5 21.86.140. Administrative Fee for Target Dwelling Units.
Over the minimum tenure of projects containing target dwelling units, the City '
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either directly or, via one or more third parties, provide a number of recurring servj
associated with the administration and monitoring of such units. Although the provia
of some of these services will be within the normal purview of existing City activit
8 others will involve new costs to the City for which there are no existing funding sour(
Unless and until alternative funding sources are identified, it is necessary to require 9 builders/owners of residential projects to share in these administrative costs. Therefc
the City Council hereby establishes an administrative fee for target dwelling units, lo amount to be established by City Council resolution and paid prior to the issuance
11 building permit(s).
12 21.86.150. Separabilitv of Provisions.
If any provision of this chapter or the application thereof to any person 13 circumstances is held invalid, the remainder of the chapter and the application of
14 provision to other persons not similarly situated or to other circumstances shall not
affected thereby.
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EFFECTW DATE: This ordinance shall be effective thirty days aj
adoption, and the City Clerk shall certify to the adoption of this ordinance and caul
be published at least once in the Carlsbad Sun within fifteen days after its adopti
INTRODUCED AND FIRST READ at a regular meeting of the Carlsb:
Council on the 23rd day of MARCH , 19 93 ? and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of tl
of Carlsbad on the 20th day of APRIL ,19 93 9 by the following vote, to
AYES: Council Members Lewis, Stanton, Kulchin
NOES: None
ABSENT: Council Members Nygaard, Finnila
APPROVED AS TO FORM AND LEGALITY
fT
\* RONALD R. BALL, City Attorney
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ATTEST:
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