HomeMy WebLinkAbout2000-03-21; City Council; NS-535; CMC 21.85 repeal/reenact - Inclusionary housing Ord...1 I1 0 e
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ORDINANCE NO. NS- 535
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21
OF THE CARLSBAD MUNICIPAL CODE AND THE
LOCAL COASTAL PROGRAM BY THE REPEAL AND
REENACTMENT OF CHAPTER 21.85 REGARDING
AFFORDABLE HOUSING UNITS FOR LOWER-INCOME
HOUSEHOLDS AND IN-LIEU FEES.
CASE NAME: INCLUSIONARY HOUSING ORDINANCE
AMENDMENT
CASE NO: ZCA 99-081LCPA 99-06
WHEREAS, Government Code Section 65584(a) requires localitil
address the Regional Share housing needs for persons of all income levels ir
General Plan Housing Elements; and
WHEREAS, based upon its Housing Element, the City of Carlsbad find
Carlsbad is experiencing a lack of housing affordable to lower-income house1
and
WHEREAS, new residential development which does not includt
contribute toward housing for lower income households will only serve to aggl
the current affordable housing shortage and create additional need for affor
lower income housing by reducing the supply of residential land availab
affordable housing development and increasing the population and the dema
community services businesses staffed by lower wage employees; and
WHEREAS, in 1993, the mandatory lnclusionary Housing Program
implemented within the City’s Housing Element as a viable program available
City to assist it in achieving its Housing Element objectives for lower-income
and
WHEREAS, the City’s Housing Element and this chapter identify progra
to provide technical, financial, and standards flexibility, offsets and incentives
facilitate inclusionary housing development;
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WHEREAS, on August 12, 1999, the Housing Commission held a 1:
meeting to consider a recommendation to the Planning Commission anc
Council to amend Title 21 of the Carlsbad Municipal Code by the repea
reenactment of Chapter 21.85 regarding affordable housing units for I
income households and in-lieu fees; and
WHEREAS, at said public meeting, upon hearing and considering all
testimony, if any, of all persons desiring to be heard, said Commission considc
all factors relating to the repeal and reenactment of Chapter 21.85, and voted
~ recommend approval of said modifications; and
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WHEREAS, on January 19, 2000, the Planning Commission held a i-
meeting to consider a recommendation to the City Council to amend Title :
the Carlsbad Municipal Code by the repeal and reenactment of Chapter 2
regarding affordable housing units for lower-income households and in-lieu
and
WHEREAS, at said public meeting, upon hearing and considering all
testimony, if any, of all persons desiring to be heard, said Commission conside
all factors relating to the repeal and reenactment of Chapter 21.85.
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 I
repeal and reenactment of Chapter 21 -85 to read as follows:
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1
“Chapter 21.85
Sections:
21.85.010
21.85.020
21.85.030
21.85.035
21.85.040
21.85.050
21.85.060
21.85.070
21.85.080
21.85.090
21.85. I00
21.85.1 10
21.85.120
21.85,130
21.85.140
21.85.145
21.85.150
21.85.160
21.85.170
21.85.1 80
21.85.190
INCLUSIONARY HOUSING
Purpose and Intent.
Definitions.
lnclusionary Housing Requirement.
New Master Plans and Specific Plans.
Affordable Housing Standards.
Calculating the Required Number of lnclusionary Uni
Incentive Credit Adjustment to the lnclusi
Requirement.
Alternatives to Construction of lnclusionary Units.
Combined lnclusionary Housing Projects.
Creation of lnclusionary Units Not Required .
Offsets to the Cost of Affordable Housing Developmc
In-lieu Fees.
Collection of Fees.
Affordable Housing Agreement as a Conditio
Development.
Agreement Processing Fee.
AgreementlAmendments.
Pre-existing Approvals.
Enforcement.
Savings Clause.
Separability of Provisions.
Preliminary Project Application and Review Process,
21.85.01 0. Purpose and Intent.
The purpose and intent of this chapter is as follows:
A. It is an. objective of the City, as established by the Ho
Element of the City’s General Plan, to ensure that all residential develop
including all Master Planned and Specific Planned communities and all resid!
subdivisions provide a range of housing opportunities for all identifiable ecor
segments of the population, including households of lower and moderate income
is also the policy of the City to:
approved residential development be restricted to and affordable to lower-in(
households; subject to adjustment based on the granting of certain incentives;
1. Require that a minimum of fifteen (15%) percent
2. Require that for those developments which provide 1
more units affordable to lower-income households, at least ten (10%) percent (
lower-income units shall have three or more bedrooms;
3. Under certain conditions, allow alternatives to c
construction as a means of providing affordable units; and
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4. In specific cases, allow inclusionary requirements
satisfied through the payment of an in-lieu fee as an alternative to re(
inclusionary units to be constructed.
B. It is the purpose of this chapter to ensure the implementa
the City objective and policy stated in subsection A.
C. Nothing in this chapter is intended to create a mandatory duty on the I
the City or its employees under the Government Tort Claims Act and no ca
action against the City or its employees is created by this chapter that would no
independently of the provisions of this chapter.
21.85.020. Definitions.
meaning established by this section:
housing expenses paid by a qualifying household shall not exceed a spc
fraction of the gross monthly income, adjusted for household size, for the foll
classes of housing:
(30%) percent of the gross monthly income, adjusted for household size, ai
(30%) percent of the County median income;
2. Very low-income, rental and for-sale units: thirty
percent of the gross monthly income, adjusted for household size, at fifty
percent of the County median income;
3. Low-income, for-sale units: thirty (30%)' percent 1
gross monthly income, adjusted for household size, at eighty (80%) percent (
County median income; and
4. Low-income, rental units: thirty (30%) percent of the
monthly income, adjusted for household size, at seventy (70%) percent of the C
median income.
B. "Affordable housing agreement'' means a legally b
agreement between a Developer and the City to ensure that the inclusi
requirements of this chapter. are satisfied. The agreement establishes, among
things, the number of required inclusionary units, the unit sizes, location, afford
tenure, terms and conditions of affordability and unit production schedule.
C. "Allowable housing expense" means the total monthly or 2
recurring expenses required of a household to obtain shelter. For a for-salc
allowable housing expenses include loan principal and interest at the time of
purchase by the homebuyer, allowances for property and mortgage insul
property taxes, homeowners association dues and a reasonable allowance for u
as defined by the Federal Regulations for the Tenant Based Rental Assis
Program. For a rental unit, allowable housing expenses include rent and a
allowance as established and adopted by the City of Carlsbad Housing Authori
well as all monthly payments made by the tenant to the lessor in connection wit
and occupancy of a housing unit and land and facilities associated ther
by the lessor and payable by the tenant.
Whenever the following terms are used in this Chapter, they shall ha\
A, "Affordable housing" means housing for which the allo
1. Extremely low-income, rental or for-sale units:
including any separately charged fees, utility charges, or service charges ass1
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D. "Affordable housing policy team" shall consist of the Corn1
Development Director, Planning Director, Housing and Redevelopment Di
Administrative Services DirectodFinance Director, and a representative of th
Attorney's office.
residential development sites which are linked by a contractual relationship su(
some or all of the inclusionary units which are associated with one developme
are produced and operated at a separate development site or sites.
E. "Combined inclusionary housing project" means se
F. "Conversion" means the change of status of a dwelling uni a purchased unit to a rental unit or vice versa. G. "Density bonus (new residential construction)" mea
minimum density increase of at least twenty-five (25%) percent over eithc
Growth Management Control Point of the applicable General Plan designatic
defined in Section 21.90.045 of this Title, or the otherwise maximum alla
residential density as specified by the applicable Master Plan or Specific Plan,
time of application.
whose gross income is equal to or less than thirty-five (35%) percent of the IT
income for Sari Diego County as determined by the U.S. Department of Housir,
Urban Development.
I. "Financial assistance". means assistance to include, but r
limited to, the subsidization of fees, infrastructure, land costs, or construction
the use of redevelopment set-aside funds, Community Development Block
(CDBG) funds, or the provision of other direct financial aid in the form'of cash tr;
H. "Extremely low-income household" means those houst
payments or other monetary compensation, by the City of Carlsbad,
J. "Growth management control point" shall have the
K. "Incentives" means a reduction in the inclusionary hc
meaning as provided in Chapter 21.90, Section 21.90.045 of this Title.
requirement granted in return for the provision of certain desired types of affol
housing or related amenities as determined by the City Council.
development or conversion of existing residential buildings which has at least f
(15%) percent of the total units reserved and made affordable to lower-in
households as required by this Chapter.
M. "lnclusionary unit" means a dwelling unit that will be offerc
rent or sale exclusively to and which shall be affordable to lower-income house1
as required by this chapter.
accordance with the criteria and procedures used by the City of Carlsbad Hc
and Redevelopment Department for the acceptance of applications
recertifications for the Tenant Based Rental Assistance Program, or its successc
0. "Low-income household" means those households whose
income is more than fifty (50%) percent but does not exceed eighty (80%) percl
the median income for San Diego County as determined annually by the
Department of Housing and Urban Development.
and extremely low-income households, whose gross income does not exceed f
L. "lnclusionary housing project" means a new resid
N. "Income" means any monetary benefits that qualify as inco
P. "Lower-income household" means low-income, very low-in
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(80%) percent of the median income for San Diego County as determined ar
by the U.S. Department of Housing and Urban Development.
Q. "Market-rate unit" means a dwelling unit where the rental I
sales price is not restricted either by this chapter or by requirements imposed tk
other local, state, or federal affordable housing programs.
limited to, direct financial assistance, density increases, standards modificatil
any other financial, land use, or regulatory concession which would result
identifiable cost reduction enabling the provision of affordable housing.
construction of rental or for-sale units; or development revisions, including tho:
and without a Master Plan or Specific Plan, planned unit development:
Development Plans, mobilehome developments and conversions of apartme
condominiums, as well as dwelling units for which the cost of shelter is includc
recurring payment for expenses, whether or not an initial lump sum fee i
required.
low, very low and low-income levels within San Diego County as determined ar
by the U.S. Department of Housing and Urban Development, and adjusted for
size.
final decision making authority. Total residential units are composed of both I
rate units and inclusionary units.
V. "Very low-income household" means a household earl
gross income equal to fifty (50%) percent or less of the median income for San
County as determined annually by the U.S. Department of Housing and
Development.
21.85.030. lnclusionarv Housinq Requirement.
R. "Offsets" means concessions or assistance to include, but
S. "Residential development" means any new resic
T. "Target income level" means the income standards for extl
U. "Total residential units" means the total units approved
The inclusionary housing requirements of this chapter shall apply as folk
A. This chapter shall apply to all residential market-rate d\
units resulting from new construction of rental and "for-sale" projects, as well
conversion of apartments to condominiums:
B. For any residential development or development revis
seven or more units, not less than fifteen (15%) percent of the total units apl
shall be constructed and restricted both as to occupancy and affordability to
income households.
C. For those developments which are required to provide
more units affordable to lower income households, at least ten (10%) percent
lower income units shall have three or more bedrooms.
D. This chapter shall not apply to the following:
1. Existing residences which are altered, improved, re:
repaired, expanded or extended, provided that the number of units is not incn
except that this chapter shall pertain to the subdivision of land for the conver:
apartments to condominiums;
2. Conversion of a mobilehome park pursuant to I
21.37.1 20 of the Code;
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3. The construction of a new residential structure replaces a residential structure that was destroyed or demolished within two
prior to the application for a building permit for the new residential structure, prc
that the number of residential units is not increased from the number of resic
units of the previously destroyed or demolished residential structure;
4. Any residential unit which is accessory as defir
Section 21.04.020 of this Code; or
5. Second dwelling units not constructed to
inclusionary housing requirements and developed in accordance with S
21 .I 0.01 5 of this Code;
6. Any project or portion of a project which is a comrr
living unit as defined in Section 21.04.093 of this code; and
7. Those residential units which have obtained affor
housing approvals prior to the effective date of this ordinance, as set forth in SI
21.85.160 of this chapter.
21.85.035 New Master Plans or Specific Plans
New Master Plans and Specific Plans shall submit an inclusionary housing pl
follows:
A. All Master Plans and Specific Plans approved on or aft(
effective date of -this Ordinance are required by this Chapter to provic
inclusionary housing plan within the Master Plan or Specific Plan document.
inclusionary housing plan will include appropriate text, maps, tables, or figul
establish the basic framework for implementing the requirements of'this chapi
shall establish, as a minimum, but not be limited to, the following:
1. The number of market rate units in the Master PI
Specific Plan;
2. The number of required inclusionary units for I
income households over the entire Master Plan or Specific Plan;
3. The designated sites for the location of the inclusi
units, including but not limited to any sites for locating offsite inclusionary ho
projects or combined inclusionary housing projects;
agreement shall be made a condition of all future discretionary permii
development within the Master or Specific Plan area such as tentative maps, I
maps, planned unit developments and Site Development Plans. The provisior
establish that all relevant terms and conditions of any affordable housing agret
shall be filed and recorded as a restriction on the project as a whole and
individual lots, units or projects which are designated as inclusionary units.
affordable housing agreement shall be consistent with Section 21.85.140 o
chapter.
B. The location and phasing of inclusionary dwelling units mi
modified as a minor amendment to the Master Plan pursuant to Section 21.38.1
this Title if the City Council authorizes such modifications when approving the h
Plan.
amendment, pursuant to Section 21.38.120 of this Code, shall incorporate ini
4, A general provision stipulating that an affordable hc
C. All existing Master Plans or Specific Plans proposed for
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amended Master Plan or Specific Plan document an inclusionary housing
consistent with this section of this chapter.
21.85.040. Affordable Housing Standards.
The affordable housing standards are as follows:
A. All residential developments are subject to and must satis
inclusionary housing requirements of this chapter, notwithstanding a Devel
request to process a residential development under other program requirer
laws or regulations, including but not limited to Chapter 21.86 (Residential D
Bonus) of this Code.
B. Whenever reasonably possible, inclusionary units should b
on the residential development project site.
C. The required inclusionary units shall be constructed concu
with market-rate units unless both the final decision-making authority of the Cii
Developer agree within the affordable housing agreement to an alternative sck
for development.
D. lnclusionary rental units shall remain restricted and afford2
the designated income group for 55 years. In addition to the income of a tal
group, limitations on assets may also be used as a factor in determining eligibi
rental or for sale units. Notwithstanding anything to the contrary in this Chapt
inclusionary unit shall be rented for an amount which exceeds ninety (90%) p'
of the actual rent charged for a comparable market unit in the same developr
any.
E. After the initial sale of the inclusionary for-sale 'units at a
affordable to the target income level group, inclusionary for-sale units shall r
affordable to subsequent income eligible buyers pursuant to a resale restriction
term of thirty (30) years or for-sale units may be sold at a market price to othe
targeted households provided that the sale shall result in the recapture by the (
necessary to make the unit affordable to the designated income group i
proportionate share of any appreciation. Funds recaptured by the City shall be
in assisting other eligible households with home purchases at affordable price
the extent possible, projects using for-sale units to satisfy inclusionary require
shall be designed to be compatible with conventional mortgage financing pro
including secondary market requirements.
F. lnclusionary units should be located on sites that are in prc
to or will provide access to employment opportunities, urban services, or major
or other transportation and commuter rail facilities and that are compatiblc
adjacent land uses.
G. The design of the inclusionary units shall be reasonably con:
or compatible with the design of the total project development in terr
appearance, materials and finished quality.
H. lnclusionary projects shall provide a mix of number of bed
in the affordable dwelling units in response to affordable housing demand priori
the City.
approval granted for a development which does not meet the requirements
its designee of a financial interest in the units equal to the amount of SI
I. No building permit shall be issued, nor any develo
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chapter. No inclusionary unit shall be rented or sold except in accordance wii
chapter.
21.85.050. Calculating the Rewired Number of lnclusionary Units.
Subject to adjustments for incentives, the required number of lower-ir
inclusionary units shall be fifteen (I 5%) percent of the total residential units, app
by the final decision-making authority. If the inclusionary units are to be prc
within an offsite combined or other project, the required number of lower ir
inclusionary units shall be fifteen (15%) percent of the total residential units
provided both onsite andlor offsite. Subject to the maximum density allowed p
growth management control point or per specific authorization granted b
Planning Commission or City Council, fractional units for both market ratt
inclusionary units of .5 will be rounded up to a whole unit. If the rounding calci
results in a total residential unit count which exceeds the maximum allowed, n
the market rate nor the inclusionary unit count will be increased to the next
number.
Example 1:
Total residential units = 15% lnclusionary units plus 85% Market rate ur
the final decision making authority approves 100 total residential units, the
lnclusionary requirement equals 15% of the “Total” or 15 units (I 00 X .I5 = 151
allowable market rate units would be 85% of the “Total” or 85 units.
Example 2:
If the inclusionary units are to be provided offsite, the total numl
inclusionary units shall be calculated according to the total number of mark€
~ units approved by the final decision-making authority. If 100 market rate uni
approved, then this total is divided by .85 which provides a total residential unit
(I00 + .85 = 117). The 15% requirement is applied to this “Total” (1 17 units)
equals the inclusionary unit requirement (1 17 X .I5 = 17.6 units).
21.85. 060. Incentive Credit Ad-iustment to the lnclusionary Requirement.
Certain types of affordable housing are relatively more desirable in sat
the City’s state-mandated affordable housing requirement as well as the
Housing Element goals, objectives and policies, and these may change over tin
As an incentive to assist the City in providing this housing, Developer
receive additional (more than one unit) credit for each of such units provided, tt
reducing the total inclusionary housing requirement to less than fifteen (1 5%) p
of all residential units approved. A schedule of inclusionary housing incentive
specifying how credit may be earned shall be adopted by the City Council and
available to developers subject to this chapter.
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21.85.070. Alternatives to Construction of lnclusionarv Units.
Notwithstanding any contrary provisions of this chapter, at the sole disc
of the City Council, the City may determine that an alternative to the construcl
new inclusionary units is acceptable.
A. The City Council may approve alternatives to the construci
new inclusionary units where the proposed alternative supports specific Hc
Element policies and goals and assists the City in meeting its state hc
requirements. Such determination shall be based on findings that new constr
would be infeasible or present unreasonable hardship in light of such factc
project size, site constraints, market competition, price and product type dis
developer capability, and financial subsidies available. Alternatives may includj
not be limited to, acquisition and rehabilitation of affordable units, conversi
existing market units to affordable units, construction of special needs hc
projects or programs (shelters, transitional housing, etc.), and the constructi
second dwelling units.
B. Second dwelling units constructed to satisfy an inclusi
housing requirement shall be rent restricted to affordable rental rates, and rt
shall be income-qualified, as specified in the applicable affordable hc
agreement. In no event shall a developer be allowed to construct more than a tc
15 second dwelling units in any given development, Master Plan, or Specific PI
satisfy an inclusionary requirement.
C. Contribution to a special needs housing. project or progran
also be an acceptable alternative based upon such findings. The rec
contribution shall be calculated in the same manner as an in-lieu fee per SI
21.85.1 10.
21.85.080. Combined lnclusionarv Housinq Proiects.
An affordable housing requirement may be satisfied with offsite constructi
follows:
A. When it can be demonstrated by a developer that the go
this chapter and the City’s Housing Element would be better served by allowing
or all of the inclusionary units associated with one residential project site
produced and operated at an alternative site or sites, the resulting linked inclusi
project site(s) is a combined inclusionary housing project.
residential site(s) which form a combined inclusionary housing project. Such de
shall be based on findings that the combined project represents a more effectiv
feasible means of implementing this chapter and the goals of the City‘s Hc
Element. Factors to be weighed in this determination include: the feasibility (
onsite option considering project size, site constraints, competition from
projects, difficulty in integrating due to significant price and product type disparit)
lack of capacity of the onsite development entity to deliver affordable housing.
to be considered are whether the offsite option offers greater feasibility and
effectiveness, particularly regarding potential local public assistance and the
affordable housing financial assistance policy, location advantages such as pro:
to jobs, schools, transportation, and services, diminished impact on other ex
developments, capacity of the development entity to deliver the project,
8. It is at the sole discretion of the City Council to authoriz
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satisfaction of multiple developer obligations that would be difficult to satisi
multiple projects.
C. All agreements between parties to form a combined inclus
housing project shall be made a part of the affordable housing agreement requi
the site(s), which affordable housing agreement(s) shall be approved by Counc
D. Location of the combined inclusionary housing project is
to sites within the same City quadrant in which the market-rate units are loca
sites which are contiguous to the quadrant in which the market-rate uni
proposed.
21.85.090. Creation of lnclusionaw Units Not Required.
lnclusionary units created which exceed the final requirement for a I
may, subject to City Council approval in the affordable housing agreement, be 1
by the developer to satisfy other inclusionary requirements for which it is obligz
market the units to other developers as a combined project subject 1
requirements of Section 21.85.080.
21.85.1 00. Offsets to the Cost of Affordable Housinu DeveloDment.
The City shall consider making offsets available to developers when nect
to enable residential projects to provide a preferable product type or affordab
excess of the requirements of this chapter. Offsets will be offered by the City
extent that resources and programs for this purpose are available to the Cil
approved for such use by the City Council, and to the extent that the resic
development, with the use of offsets, assists in achieving the City's,housing
To the degree that the City makes available programs to provide offsets, deve
may make application for such programs. Evaluation of requests for offsets st
based on the effectiveness of the offsets in achieving a preferable produc
and/or affordability objectives as set forth within the Housing Element; the cap
of the development team; the reasonableness of development costs and justifi
of subsidy needs; and the extent to which other resources are used to levera!
a right to receive any offsets from the City or any other party or agency to enab
Developer to meet the obligations established by this chapter. Projects are entii
density bonuses and/or other incentives in accordance with provisions of stat1
~ pursuant to the provisions of Chapter 21.86. of this code. Any offsets approv
the City Council and the housing affordability to be achieved by use of those c
shall be set out within the affordable housing agreement pursuant to S
21.85.140 or, at the City's discretion in a subsequent document. Further
developers are encouraged to utilize local, state or federal assistance,
available, to meet the affordability standards set forth in Sections 21.85.03
21.85.040.
21.85.1 IO. In-lieu Fees.
Payment of a fee in-lieu of construction of affordable units may be appro
in the following circumstances:
A. For any residential development or development revision c than seven units, the inclusionary requirements may be satisfied through the pa!
to the City of an in-lieu fee.
requested offsets. Nothing in this chapter establishes, directly or through implic
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B. The in-lieu fee to be paid for each market-rate dwelling un
be fifteen (15%) percent of the subsidy needed to make affordable to a lower-il
household one newly-constructed, typical attached-housing unit. This subsid
be based upon the City Council's determination of the average subsidy that wc
required to make affordable typical, new two-bedroomlone bath and
bedroom/two-bath for-sale units and rental units, each with an assumed afforc
tenure of at least 55 years.
C. The dollar amount and method of payment of the in-lie
shall be fixed by a schedule adopted, from time to time, by resolution of tb
Council. Said fee shall be assessed against the market-rate lots/units
development.
D. All in-lieu fees collected hereunder shall be depositec
Housing Trust Fund. Said fund shall be administered by the City and shall bc
only for the purpose of providing funding assistance for the provision of affo
housing and reasonable costs of administration consistent with the policie
programs contained in the Housing Element of the General Plan.
E. At the discretion of the City Council, where a develo
authorized to pay a fee in-lieu of development, an irrevocable dedication of I;
other non-monetary contribution of a value not less than the sum of the 0th
required in-lieu fee may be accepted as an alternative to paying the in-lieu fee
determined that the non-monetary contribution will be effectual in furthering the
and policies of the Housing Element and this Chapter. The valuation of an
offered in-lieu shall be determined by an appraisal made by an agent mutually 2
upon by the City and the developer. Costs associated with the appraisal st
borne by the developer.
F. Where a developer is authorized to pay a fee in-li development of affordable housing units, any approvals shall be conditioned u
requirement to pay the in-lieu fee in an amount established by resolution of th
Council in effect at the time of payment.
G. As an alternative to paying an in-lieu fee(s), inclusionary hc
requirements may be satisfied either through a combined inclusionary hc
project, pursuant to Section 21.85.080 of this chapter or new construct
inclusionary units subject to approval of the final decision-making authority.
21.85.120. Collection of fees.
All fees collected under this chapter shall be deposited into a Housing
Fund and shall be expended only for the affordable housing needs of lower-ir
households, and reasonable costs of administration consistent with the purpl
this chapter.
21.85.1 30. Preliminarv Pro-iect Awlication and Review Process.
The preliminary project application/review process shall be as follows:
A. A developer of a residential development not subject to a R
Plan or Specific Plan, proposing an inclusionary housing project shall ha
approved Site Development Plan prior to execution of an affordable hc
agreement for the project. The developer may submit a preliminary application
Housing and Redevelopment Director prior to the submittal of any formal applic
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for such housing development. The preliminary application shall include the foll
information if applicable:
1. A brief description of the proposal including the num
inclusionary units proposed;
2. The Zoning, General Plan designations and ass€
parcel number(s) of the project site;
3. A site plan, drawn to scale, which includes: b[
footprints, driveway and parking layout, building elevations, existing contour
proposed grading; and
4. A letter identifying what specific offsets i
adjustments are being requested of the City. Justification for each request E
also be included.
9. Within thirty days of receipt of the preliminary application I
Planning Director for projects not requesting offsets or incentive adjustmer
ninety days for projects requesting offsets or incentive adjustments the depal
shall provide to an applicant, a letter which identifies project issues of concer
offsets and incentive adjustments that the Community Development Directc
support when making a recommendation to the final decision-making authorit:
the procedures for compliance with this chapter. The applicant shall also be prc
with a copy of this chapter and related policies, the pertinent sections of the Cal
codes to which reference is made in this chapter and all required application for1
21.85,140, Affordable Housinq - Aqreement as a Condition of Development.
This chapter requires the following:
A. Developers subject to this chapter shall demonstrate comp
with this chapter by executing an affordable housing agreement prepared by th
Housing and Redeveloper Director and submitted to the developer for exec
Agreements which conform to the requirements of this section and which c
involve requests for offsets and/or incentives, other than those permitted by r
any, shall be reviewed by the Affordable Housing Policy Team and approved
Community Development Director or his designee. Agreements which il
requests for offsets and/or -incentives, other than those permitted by right,
require the recommendation of the Housing Commission and action by th
Council as the final decision-maker. Following the approval and execution
parties, the affordable housing agreement with approved Site Development Plal
be recorded against the entire development, including market-rate lots/units a
relevant terms and conditions therefrom filed and subsequently recorded
separate deed restriction or regulatory agreement on the affordable project ind lots or units of property which are designated for the location of affordable unit:
approval and execution of the Affordable Housing Agreement shall take place 1
final map approval and shall be recorded upon final map recordation or, wI
map is not being processed, prior to the issuance of building permits fol
~ lots/units. The affordable housing agreement may require that more specific I
' and/or unit restrictions be recorded at a future time. The affordable hi
agreement shall bind all future owners and successors in interest for the tc
years specified therein.
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B. An affordable housing agreement, for which the inclus
housing requirement will be satisfied through new construction of inclusionary
either onsite or offsite, shall establish, but not be limited to, the following:
1, The number of inclusionary dwelling units proposec
specific calculations detailing the application of any incentive adjustment credit;
2. The unit square footage, and number of bedrooms;
3. The proposed location of the inclusionary units;
4. Amenities and services provided, such as daycare
school programs, transportation, job training/employment services and recreatic
5. Level and tenure of affordability for inclusionary unit
6. Schedule for production of dwelling units;
7. Approved Offsets provided by the City;
8. Where applicable, requirements for other documc
be approved by the City, such as marketing, leasing and management
financial assistance/loan documents; resale agreements; and monitorins
compliance plans;
9. Where applicable, identification of the affordable hc
developer and agreements specifying their role and relationship to the project; E
C. An affordable housing agreement, for which the inch
housing requirement will be satisfied through payment to the City of any
contributions other than fee monies, such as land dedication, shall incluc
method of determination, schedule and value of total in-lieu contributions.
D. An affordable housing agreement will not be required for PI
which will be satisfying their inclusionary housing requirement through payment
City of an in-lieu fee.
21.85.145. Aareement Processinq Fee.
The City Council may establish by resolution, fees to be paid by the dev
at the time of preliminary project application to defray the City's cost of pre
and/or reviewing all inclusionary housing agreements.
21.85.1 50. Aqreement Amendments.
Any amendment to an affordable housing agreement shall be processec
same manner as an original application for approval, except as authorized in I
to the effective date of this ordinance shall be entitled to consideration unc
ordinance provisions superseded by this ordinance.
21.85.1 55. Expiration of Affordability Tenure.
The City or its designee shall have a one-time first right of refusal to purc
any project containing affordable units offered for sale at the end of the minimul
tenure of affordability for rental projects. The first right of refusal to purchase th
rental project shall be submitted in writing to the Housing and Redevelopment
Director. Within ninety days of its receipt, the City shall indicate its intent to exe
the first right of refusal for the purpose of providing affordable housing.
21.85.1 60. Pre-existinq Approvals.
21.85.035(B), Amendments to affordable housing agreements initially approve
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Any residential developments for which a Site Development Plan f
affordable housing component of the development was approved prior to the ef
date of this ordinance shall be subject to the ordinance in effect at the time
approval.
21.85.170. Enforcement.
Enforcement provisions are as follows:
A. The provisions of this chapter shall apply to all develope
their agents, successors and assigns proposing a residential development go
by this chapter. No building permit or occupancy permit shall be issued, n
entitlement granted, for a project which is not exempt and does not me
requirements of this chapter. All inclusionary units shall be rented or OWI
accordance with this chapter.
B. The City may institute any appropriate legal actio
proceedings necessary to ensure compliance with this chapter, including b
limited to actions to revoke, deny or suspend any permit or development appro\
C. Any individual who sells or rents a restricted unit in viola
the provisions of this chapter shall be required to forfeit all monetary amou
obtained. Such amounts shall be added to the City's Housing Trust Fund.
21.85.1 80. Savinqs Clause.
All code provisions, ordinances, and parts of ordinances in conflict w
provisions of this chapter are repealed. The provisions of this chapter, insofar i
are substantially the same as existing code provisions relating to the same :
matter shall be construed as restatements and continuations thereof and not a
enactments. With respect, however, to violations, rights accrued, liabilities ac
or appeals taken, prior to the effective date of this ordinance, under any ck
ordinance, or part of an ordinance hereby otherwise repealed, all provisions o
chapter, ordinance, or part of an ordinance shall be deemed to remain in full fo
the purpose of sustaining any proper suit, action, or other proceedings, with r(
to any such violation, right, liability or appeal.
21.85.190. Separabilitv of Provisions.
If any provision of this chapter or the application thereof to any per:
circumstances is held invalid, the remainder of the chapter and the application
provision to other persons not similarly situated or to other circumstances shall
affected thereby.
EFFECTIVE DATE: This ordinance shall be effective thirty days at
adoption, and the City Clerk shall certify to the adoption of this ordinance and c;
to be published at least once in a publication of general circulation in the (
Carlsbad within fifteen days after its adoption. (Notwifhstanding fhe precedin
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ordinance shall nof be effective within the City's Coastal Zone until approved i
California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsba
Council on the 14th day of March ,
2000, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of th
of Carlsbad on the 21st day of March ,
20 00 , by the following vote, to wit:
AYES: Council Members Lewis ,Nygaard and Kulchin
NOES: Council Member Hall 1 12
Om ABSENT: Council Member Finnila
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CLAUDE A. LEWIS, MAYOR c o ""5n z -I o. 16
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ATTEST:
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ABSENT: Council Member Fingila
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