HomeMy WebLinkAbout1981-05-19; City Council; 6559-1; Time & Cost Reduction Affordable Housing ProjectsK
CITY OF CARLSBAD
AGENDA BILL NO. 6559, Supplement 1 Initial:
Dept.Hd.
DATE: May 19, 1981 C. Atty.
C. Mgr.
DEPARTMENT: City Attorney
Subject: PROPOSED TIME AND COST REDUCTION IN THE BUILDING
PERMIT AND INSPECTION PROCESS
Statement of the Matter
Exhibit
The City Council, at your adjourned meeting of April 14,
1981, directed the City Attorney to prepare the necessary
documents amending Title 18, Chapter 18.04 of the
Carlsbad Municipal Code to add Section 18.04.045 to
reduce fees for building permits and plan checking for
qualified projects providing housing affordable to low or
moderate income households. An ordinance has been
prepared and it is attached.
Ordinance No. 8091.
Recommendation
If the City Council concurs, your action is to introduce
Ordinance No. 8091.
5-19-81 Council introduced Ordinance No. 8091.
APPROVED
1, a
R7
§ 50092
HEALTH AND SAFETY
§ 50092. "Owner -occupied housing development"
"Owner -occupied housing development" means a housing developmen
containing not more than four residential units, one of which is occupied b,
the owner of the housing development. "Owner -occupied housing develop
ment" does not include a cooperative housing development, and does no
include a rental housing development other than as provided in this. section.
Amended Stall 1979 ch 96 § 4, effective June 6, 1979.
Amendments:
1979 Amendment: Added the second sentence.
§ 50093. "Persons and families of low or moderate income"
"Persons and families of low . or moderate income" means persons and
families whose income does not exceed 120 percent of area median income,
adjusted for family size by the department in accordance with adjustment
factors adopted and amended from time to time by the United States
Department of Housing and Urban Development pursuant to Section 8 of y
the United States Housing Act of 1937. Such income limits shall be
published as regulations by the department. However, the agency and the a
department jointly, or either acting with the concurrence of the Secretary of j
the Business and Transportation Agency, may permit the agency to use
higher income limitations in designated geographic areas of the state, upon*a
determination that 120 percent of the median income in the particular
geographic area is too low to qualify a substantial number of persons and
families of low or moderate income who can afford rental or home purchase
of housing financed pursuant to Part 3 (commencing with Section 50900)
without subsidy.
"Persons and families of low or moderate income" includes very low income
households, as defined in Section 50105 and lower income households as
defined in Section 50079.5, and includes persons of low income, persons and
families of moderate income, and middle -income families. As used in this
division:
(a) "Persons of low income" means persons or families who are eligible for
financial assistance specifically provided by a governmental agency for the
benefit of occupants of housing financed pursuant to this &,vision.
(b) "Persons and families of moderate income" or "middle -income -families" -
means persons and families of low or moderate income whose income
exceeds the income limit for lower income households.
As used in this section, "area median income" means the median family
income of a geographic area of the state, as annually estimated by. the
United States Department of Housing and Urban Development pursuant to
Section 8 of the United States Housing Act of 1937. In the event such
federal determinations of area median income are discontinued, the depart-
ment shall establish and publish as regulations income limits for persons and
families of low or moderate; income for all geographic areas of the state ai:
120 percent of area median income, adjusted for family size and revised
annually.
72 17 H A S Codel
HEALTH AND SAFETY COT
The department shall establi
including inclusions, exclusi
under the income limits of f
be used where no other fed(
definition need not be establi!
Nothing in this division sha
adopting separate family size
of income to qualify househ(
agency or department, as the
Amended Slats 1979 ch 96 § S, effective
Amendments:
1979 Amendment: (1) Amended the: fir
income" in the first sentence, (b) the
in the third sentence; (2) added "an(
first sentence of the second paragrapl
for 1180 percent of the area median i
by substituting (a) "family" for "h
United States Department of Housh
States Housing Act of 193T' for "ac
second sentence for the former secon
§ 50093.5. [Added by Slats
and renumbered § 50093.6 b.
Note —There is another section of this
§ 50093.6. "Property improy
"Property improvement loaf
note, to finance rehabilitati(
residence consistent with thi
ment loan may, but need r.
property improvement loan
shall be unsecured and shall
Added. -Stets 1979 ch 1207 § 15; effect
§ 176.
Review of Selected 1979 forma el
"Rehabilitation sta
"Rehabilitation standards"
housing standards adopted
(commencing with Section
pursuant thereto.
For the purposes of Chapt(
2, "rehabilitation standards
overcrowding of low-incom(
Amended Slats 1979 ch 1042 § 6, ch i
Amendments:
1979 Amendment: Added the second 1
t7 H BSCodel
K
HEALTH AND -SAFETY CODE
HEALTH AND SAFETY CODE § 50097
:nt" -
J
The department shall establish and publish a general definition of income,
leans a housing` development'
including inclusions, exclusions, and allowances, for qualifying persons
ts, one of which is occupied by
under the income limits of this section and Sections 50079.5 and 50105, to
7ner-6ccupied housing deve-lo
be` used—whefe mother federal or state definitions of income apply. Such
ng development, and does not
definition need not be established by regulation.
an as provided in this section.
Nothing in this division shall prevent the agency or the department from
adopting separate family size adjustment factors or programmatic definitions
of income to qualify households, persons, and families for program_ s of the
agency or department, as the case may be. "
I '
-Amended Stats 1979 ch 96 § 5, effective June 6, 1979.
_
,rate income'! . _
Amendments:
=M9.Ameadment: (1) Amended the first paragraph by adding (a) all that part following "area median
income'! .persons and- •
-
-:income";n the first sentence (b) tht.sec rul sentence; and (c) "the agency to use' after may C'
perms
:rcent of area median_111cojne,.
oleo,
,,tin m` ihrrd sentence; (2) added "and lower income households as defined in Section 50079.5" in the --
'
1 accordance with ad -In
j
-- Must sentence ofthe swond=pai ruph; (3) substituted •:the income limit for lower income households"
for " $0 percent of the area median income" at the end of subd (b); (4) amended the third paragraph
t time by the United - States •
lent pursuant to Section 8 of
`by substituting (a) "family" for "household" after "the median"; (b) "annually estimated by the
United States Department of Housing and Urban Development pursuant to Section 8 of the United
;uch income limits shall he
States Housing Act of 1937" for "adjusted for family size, as determined by the agency'; and (c) the
3owever, the agency and the
second sentence for the former second sentence; and (5) added the fourth and fifth paragraphs.
)ncurrence of the Secretary of
ty permit the agency to use
)hic areas of the state, upon
§ 50093.5. [Added by Stats 1979 ch 1207 § 15, effective October 2, 1979,
a
an income in the particular
and renumbered § 50093.6 by Stats 1980 ch 676 § 176.j
.ntial number of persons and
Note —There is another section of this number. See bound volume.
ford rental or home purchase
nencing with Section 50900)
§ 50093.6. "Property improvement loan"
ie" includes very low income
"Property improvement loan" means an advance of money, evidenced by a
note, to finance rehabilitation and general repairs an3 improvements to a
lower income households as
residence consistent with the purposes of this division. A property improve--
; of low income, persons and
�ment loan may, bat need not be, secured by a deed of trust. However, a
ne families. As used in this
property improvement loan made outside a neighborhood 'preservation area
shall be unsecured and shall not exceed fifteen thousand dollars ($15,000).
'families who are eligible for
Added Stats 1979 ch 1207 § 15; effective October 2, 1979, as § 50093.5; Renumbered Stats 1990 ch 676
;overnmental agency for the
%I� 176.
t to this division.
Review of Selected 1979 California Legislation. 11 Pacific 13 573.
or "middle -income families"
:
rate income whose income
§LL50097. "Rehabilitation standards"
holds.
'
••"Rehabilitation standards" means applicable state or local building or
means the median family
housing standards adopted pursuant to the State Housing Law, Part 1.5
annually estimated by. the
{commencing with Section 17910) of Division 13, or continued in effect
n Development pursuant to
.
Pursuant thereto.
,f 1937. In the -event such
For the purposes of Chapter 6.5 (commencing with Section 50660) of Part
-e discontinued, the depart-
2, "rehabilitation standards" includes room additions necessary to prevent
come limits for persons and
overcrowding of low-income or moderate -income households.
raphic areas of the state at
br family size and revised
Amended Skits 1979 ch 1042 § 6, ch 1043 § 6.
Ameodoenta:
1979 Ameadnentt Added the second paragraph.
17 H 6 S Code]
17 H l S Code] 73
I
0
1
2
e�
4
5
6
71
8
9•
10
11
12
co
13
ti
6
$0Zz 14
'0-J 15
m V �
U'� wU
WZ8Q 16
6
ZO'y 17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 8091
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALRSBAD; CALIFORNIA, AMENDING TITLE 18, CHAPTER
18.04 OF THE CARLSBAD MUNICIPAL CODE BY THE
ADDITION OF SECTION 18.04.045 RELATING TO BUILDING
PERMIT FEES FOR CERTAIN HOUSING PROJECTS FOR LOW
AND MODERATE INCOME PERSONS.
The City Council of the City of Carlsbad, California,
does ordain as,follows:
SECTIO,T 1: That Title 18, Chapter 18.04 is amended by
the addition of Section 18.04.045 to read as follows:
1118.04.045 Section 304(g) added. Reduced fees for
incentive housing.
(1) The fees for building permits and for
plan checking for qualified projects providing housing
affordable to low or moderate income households shall be 70
percent of the fees established by Sections 304(a) and 304(b).
(2) Qualified projects shall consist of ten
or more conventionally built units on a single site or part of a
single subdivision. A qualified project may have units of
different floor plans provided that there are no less than ten
units of each floor plan.
(3) For the purpose of this section "low or
moderate income households" means persons and fami�ies as defined
by Section 50073 of the State Health and Safety Code.
(4) The City Council shall determine whether
a project qualifies under this section, and may, as a condition
of the permit, require that the applicant ensure the continual
availability of the units for low or moderate income
households."
EFFECTIVE DATE: This ordinance shall be effective
I
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adoption.
1
2
3
4
5
6
7
8
9
10
:ft
0
12
a
N 8 13
.�
� U �
W a 14
O q. 0 7 Z
2uZi¢
15
O � Q LL
U.
w G
WZso 16
�_a
zO Cn 17
>a a
u U 18
19
20
21
22
23
24
25
26
27
28
INTRODUCED AND FIRST READ at a regular meeting of
the Carlsbad City.Council held on the 19th day of May ,
1981, and -thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 2nd day of June , 1981 by the
following vote, to wit:
AYES: Council Menbers Packard, Anear, Kulchin
NOES: None
ABSENT: CoUlcil Member Casler
ABSTATN: Council Member Lewar� •�� /��
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAU ENKRA Z, City Clerk
(SEAL)
"2--