HomeMy WebLinkAbout1993-04-20; City Council; 12185; Inclusionary Housing Program2 b g %
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CP’ OF CARLSBAD - AGENPl BILL /Id
AB#Am TimEm ~ADOPTION OF ORDINANCE NO. NS-232 -
MTG.&!m,LL INCLUSIONARY HOUSING PROGRAM
DEPT- ZCA 91-6
RECOMMENDED ACTION:
0 c!r
DEPT. HD.&-
CITY ATTY
CITY MGR.
Adopt Ordinance No. NS-232, amending Title 21 of the Carlsbad Municipal Code by the
addition of Chapter 21.85 to establish requirements for the reservation and affordability
of housing units for lower-income households in residential projects under a city wide inclusionary housing program and the payment of an in-lieu fee or inclusionary housing
impact fee in specified circumstances.
lTFaM EXPLANATION
Ordinance No. NS-232 was introduced at the regular City Council meeting of April 13,
1993. The second reading allows Council to adopt the ordinance which would then
become effective in thirty days. The City Clerk will have the ordinance published in the
“Carlsbad Sun” within fifteen days, if adopted.
FISCAL IMPACI’
See Agenda Bill No. 12,129 on file with the City Clerk.
1. Ordinance No. NS-232.
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ORDINANCENO. NS-232
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 21.85 TO ESTABLISH REQUIREMENTS FOR THE
RESERVATION AND AFFORDABILITY OF HOUSING UNITS
FOR LOWER-INCOME HOUSEHOLDS IN RESIDENTIAL
PROJECTS UNDER A CITY WIDE INCLUSIONARY HOUSING
PROGRAM AND THE PAYMENT OF AN IN-LIEU FEE OR
INCLUSIONARY HOUSING IMPACT FEE IN SPECIFIED
CIRCUMSTANCES.
APPLICANT: CITY OF CARLSBAD
CASE NO: ZCA 91-6
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WHEREAS, Government Code Section 65588(b) requires local jurisdictions to
revise their Housing Elements every five years; and
WHEREAS, the City of Carlsbad has revised its Housing Element for the period July
1991 through June 1996; and
WHEREAS, Government code Section 65584(a) requires localities to address the
Regional Share housing needs for persons of all income levels in their Housing Elements;
WHEREAS, the City’s Regional Share needs are 2,509 Lower-income units of a
projected 6,273 total dwelling units needed over a five year period; and
WHEREAS, based upon the needs analysis included within its revised Housing
Element, the City of Carlsbad finds that Carlsbad is experiencing a lack of housing
affordable to lower-income households; and
/ WHEREAS, the City of Carlsbad’s lower-income Fair Share Housing objective
(minimum good faith effort of guaranteed units) is 1125 low-income units; and I
~ WHEREAS, the City’s revised Housing Element includes objectives for the provision
~ of 1400 lower-income units (275 units in excess of the Fair Share requirement), and of
the 1400 lower-income units, the City has committed to producing 350 lower-income
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WHEREAS, the remaining 1050 lower-income units would have to be provided
hrough some other means; and
WHEREAS, due to economic and market conditions, the private market has not
broduced in the past, nor is likely to produce in the future, an adequate amount of
lousing units affordable to lower income households to meet the remaining balance of
he City’s lower-income Fair Share need (1050 units); and
WHEREAS, continued new residential development which does not include nor
:ontribute toward the lower cost of housing for lower income households will only serve
o further aggravate the current affordable housing shortage; and
WHEREAS, new residential development which does not include nor contribute
lousing for lower income households creates a need for affordable lower income housing
by: reducing the supply of residential land upon which affordable housing could have
been developed, and increasing population, which creates a demand for typical
:ommu.nity setices (stores, dry cleaners, gas stations), which are staffed by lower wage
employees, who create a demand for lower income housing; and
WHEREAS, over the next 5 years, there is an actual need (Regional Need) for 2509
ower income units out of a projected 6,273 total dwelling units needed; and
WHEREAS, new market rate residential development creates a sign&ant portion
d this need; and
WHEREAS, the 15% lower-income inclusionary requirement represents 1050 lower-
ncome units which is less than one-half of the actual (Regional Need) need over the next
i years and therefore bears a reasonable relationship to the need created by new
sesidential development; and
WHEREAS, the mandatory Inclusionary Housing Program was identified within the
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Sty’s revised Housing Element as the best program available to the City to achieve the
emaining balance of the City’s Fair Share objective for lower-income units; and
WHEREAS, the 15% lower-income inclusionary housing requirement will ensure
hat the remaining balance of the City’s Fair Share objectives (lower-income) can be
thieved; and
WHEREAS, based upon an assumed rate for projected residential development
letween 1991 and 1996, the imposition of 15% low-income inclusionary housing
equirement on future residential development is necessary to achieve the City’s Fair
lhare and Regional Share objectives; and
WHEREAS, the 15% lower-income inclusionary housing requirement is necessary
3 ensure conformance with the Housing Element of the Ci@s General Plan; and will
irotect the health safety and welfare of its citizens; and
WHEREAS, City staff, in association with an Ad Hoc Committee of master plan and
~-fill residential builders and non-profit builders, prepared an economic study .of the
.evelopment of affordable housing within the City of Carlsbad; and
WHEREAS, the economic study concludes that while the proposed inclusionary
lousing requirement, would create an additional economic burden on the private
.evelopment community, the development of housing affordable to low income
households is achievable through cooperative partnerships between the development
ommunity, non-profit organizations, and the City; and ’
Whereas, the City’s Housing Element identifies programs to provide technical,
inancial, and standards flexibility incentives to facilitate inclusionary housing
levelopment.
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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 the
ldition of Chapter 21.85 to read as follows:
“Chapter 21.85
INCLUSIONARY HOUSING
ections:
21.85.010 Purpose and Intent.
21.85.020 Definitions.
21.85.030 Applicability of Inclusionary Housing Requirement.
21.85.040 Construction of Required Inclusionary Units.
21.85.050 In-lieu Contributions.
21.85.060 Inclusionary Housing Impact Fee.
21.85.070 Regulations for New Master Plans or Specific Plans (Approved
After the Effective Date of This Ordinance).
21.85.080 Regulations for Existing Master Plans and Specific Plans (Approved On or Before the Effective Date of This
Ordinance).
21.85090 Regulations for Residential Subdivisions Not Subject to
Master Plan or Specific Plan.
21.85.100 Regulations for Mobile Home Parks.
21.85110 Combined Inclusionary Housing Projects.
21.85120 Affordable Housing Standards.
21.85130 Incentives to Offset the Cost of Affordable Housing
Development.
21.85.140 Preliminary Project Application and Review Process.
21.85150 Inclusion of Affordable Housing Agreement as a Condition of
Development.
21.85.160 Inclusionary Housing Resale Agreement.
21.85170 Eligibility Requirements.
21.85.180 Management and Monitoring.
21.85190 Collection of Fees.
21.85.200 Separability of Provisions
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(i) 1; E i objective of the City, as established by the Housing Element of the
itys General Plan, to ensure that all master planned and specific planned communities
nd all residential subdivisions provide a range of housing opportunities for all
lentifiable economic segments of the population, including households of lower and
toderate income. (i) It is also the policy of the City to:
(1) Require that a minimum of 15% of all approved residential units in any
laster plan, specific plan, or residential subdivision be restricted to and affordable by
>wer-income households;
(2) Require that for those developments which provide 10 or more units rdable to lower-income households, at least 10% of the lower-income units should
ave three or more bedrooms; and
(3) In specific cases, allow inclusionary requirements to be satisfied through e payment of an in-lieu fee as an alternative to requiring inclusionary units to be
constructed on the ground.
(4) Require existing, unbuilt residential subdivisions and subdivision
with completed applications as of the effective date of this ordinance to pay a
impact fee to satisfy the inclusionary housing requirement.
It is the purpose of this Chapter to ensure the implementation of the City
and policy stated in subsections (a).
Nothing in this Chapter is intended to create a mandatory duty on behalf
f the City or its employees under the Government Tort Claims Act and no cause of action
the City or its employees is created by this Chapter that would not arise
dently of the provisions of this Chapter.
21.85020. Definitions.
Whenever the following terms are used in this Chapter, they shall have the
caning established by this section:
(1) “Affordable housing” means housing for which the allowable housing
paid by a qualifying household shall not exceed a specified fraction of the
ss monthly income, adjusted for household size, for the following classes of housing:
A. Very low-income, unassisted and assisted (State and/or Federal)
tal and unassisted and assisted (State and/or Federal) for-sale units: 30 percent of the
ss monthly income, adjusted for household size, at 50 percent of the County median
B. Low-income, unassisted rental and unassisted for-sale units: 30
rcent of the gross monthly income, adjusted for household size, at 80 percent of the
ounty median income.
C. Low-income, assisted (State and/or Federal) rental units: 30
rcent of the gross monthly income, adjusted for household size, at 60 percent of the
ounty median income.
D. Low-income, assisted (State and/or Federal) for-sale units: 30
gross monthly income, adjusted for household size, at 70 percent of the
ounty median income.
(2) “Affordable housing agreement” means a legally binding agreement
etween a developer and the City to ensure that the inclusionary requirements of this
are satisfied. The agreement establishes the number of required inclusionary
sizes, location, affordability tenure, terms and conditions of affordability
production schedule.
“Allowabl h e ousing expense’ means the total monthly or annual
recurring expenses required of a household to obtain shelter. For a for-sale unit, allowable
housing expenses include loan principal, loan interest, property and mortgage insurance,
property taxes, home owners association dues and a reasonable allowance for utilities.
unit, allowable housing expenses include rent, a reasonable allowance for
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(4) “Assisted (State and/or Federal) unit” means a dwelling unit as defined n Section 50055 of the California Health and Safety Code.
(5) “Base residential units” means a number of units associated with each
naster plan, specific plan, plan phase, or individual development within a master or
pecific plan or residential subdivision from which are calculated the lower-income
nclusionary units to be provided in conjunction with that master plan, specific plan,
bhase or development or residential subdivision.
(6) “Combined inclusionary housing project” means separate residential
;evelopment sites which are linked by a contractual relationship such that some or all
If the inclusionary units which are associated with one development site are produced
nd operated at the alternative development site or sites.
(7) “Conversion” means the change of occupancy of a dwelling unit from
bwner-occupied to rental or vice versa.
(8) “Density bonus (new residential construction)” means a minimum
density increase of at least twenty-five percent (2S”/b) over either the Growth
danagement Control Point of the applicable General Plan designation, as defined in
iection 21.90.045 of this Title, or the otherwise maximum allowable residential density
IS specified by the applicable master plan or specific plan, at the time of application.
(9) ‘Existing Master Plan or Specific Plan” means any master plan or
pecific plan approved on or before the effective date of this ordinance.
(10) “Financial assistance” means such assistance to include but not be
imited to the subsidization of fees, infrastructure, land costs, or construction costs, the
Ise of redevelopment set-aside funds or Community Development Block Grant (CDBG)
unds, or the provision of other direct financial aid, such as cash transfer payments or
Ither monetary compensation, by the City of Carlsbad.
(11) “Growth Management Control Point” shall have the same meaning as
Chapter 21.90, Section 21.90.045 of this Title.
(12) “Incentives” means such regulatory concessions to include but not be
imited to a density increase, the modification of site development standards or zone code
equirements, approval of mixed use zoning in conjunction with the residential project,
br any other regulatory incentive which would result in an identifiable cost reduction to
nable the provision of affordable housing for lower-income households.
(13) “Inclusionary housing project” means a new residential development
br conversion of existing residential buildings which has at least fifteen percent (15%) or ive percent (5%) of the total units reserved and made affordable to lower-income
louseholds or moderate-income households, respectively, as required by this Chapter.
(14) “Inclusionary unit” means a dwelling unit that will be offered for rent
)r sale exclusively to and which shall be affordable to lower-income households, as
equired by this Chapter.
(15) “Income” means any monetary benefits that qualifies as income in
Lccordance with the criteria and procedures used by the City of Carlsbad Housing and
Leedevelopment Department for the acceptance of applications and recertiflcations for the
iection 8 Rental Assistance Program, or its successor.
(16) “Low-income household” means those households whose gross income
s more than 50 percent but does not exceed 80 percent of the median income for San
Xego County as determined annually by the U.S. Department of Housing and Urban
)evelopment.
(17) “Lower-income household” means low-income and very low-income
eholds, whose gross income does not exceed 80 percent of the median income for
determined annually by the U.S. Department of Housing and Urban
(18) “Market-rate unit” means a dwelling unit where the rental rate or sales rice is not restricted either by this Chapter or by requirements imposed through other
cal, state, or federal affordable housing programs. (19) “Net developable acreage (for base residential unit calculations)”
ans the total number of acres of a subject property minus those lands considered to
undevelopable, as listed in Section 21.53.230 of this Code.
(20) “New Master Plan or Specific Plan” means any master plan or specific
an approved after the effective date of this ordinance.
(21) ‘Target income level” means the income standards for very low, and
evels within San Diego County as determined annually by the U.S.
epartment of Housing and Urban Development, and adjusted for family size.
(22) “Unassisted unit” means a dwelling unit regarding which no form of
istance has been received from a public body in the production, occupancy and use of
(23) “Very low-income household” means a household earning a gross
me equal to 50 percent or less of the median income for San Diego County as
nnined annually by the U.S. Department of Housing and Urban Development.
21.85.030. Annlicabihtv of Inclusionarv Housinn Reauirement.
(a) This Chapter shall apply to all residential market rate dwelling units resulting
om new construction of rental and “for-sale” projects, as well as the conversion of
amnents to air-space condominiums within:
(1) New master plans or specific plans (approved after the effective date
Existing master plans or specific plans (approved on or before the
Ordinance) with or without development entitlements (i.e., tentative
ps, final maps, building permits);
(3) Residential subdivisions not located within any master plan or specific
(4) Mobile home developments; and 20 (5) Tentative maps for the conversion of apartments to air-space
21 condominiums. (b) Notwithstanding the foregoing, this Chapter shall not apply to the following:
22 (1) Those residential units of a project for which building permits have
been issued as of the effective date of this Ordinance;
23 (2) Existing residences which are altered, improved, restored, repaired,
expanded or extended, provided that the number of units is not increased, however, this
24 Chapter shall pertain to the subdivision of land for the conversion of apartments to air-
25 space condominiums;
(3) The construction of a new residential structure which replaces a
26 residential structure that was destroyed or demolished within two years prior to the
application for a building pe&t for the new residential structure, provided that the
27 number of residential units is not increased from the number of residential units of the
2a previously destroyed or demolished residential structure;
1 f this Code, the development of which is deemed by the City to be in the public interest;
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(4) Any residential unit which is accessory as defined in Section 21.04.020
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(5) Those residential units for which, consistent with this Chapter, an
ordable Housing Agreement has been approved by the City, and a deed restriction
ecorded restricting the units as affordable for households of lower-income or moderate-
come.
5. 21.85.040 Construction of Reauired Inclusionarv ’
(a) For the following classes of residential projez:: permits for which the
6 application is deemed complete on or after the effective date of this’Ord,inance, the
7 inclusionary housing requirements for lower-income households shall be satisfied through
&he construction of new units:
a (1) Any residential project (i.e.; tentative map, tentative map for the
conversion of apartments to air-space condominiums, site development plan, planned unit
9 development, redevelopment permit, residential mobile home park permit or conditional
Jse permit) of seven (7) or more dwelling units, for which the application for said project 10 w as deemed complete on or after the effective date of this ordinance. Projects of seven
11 (7) or more dwelling units, that have been approved prior to the effective date of this
xdinance and that require, as a condition of approval, the processing of subsequent site
12 development plans, shall be subject to the requirements of Chapter 21.85.060 and each
elling unit will meet the inclusionary requirements by payment of an hiclusionary
sing impact fee.
14 (2) Any residential tentative map revision, including a tentative map
revision for the conversion of apartments to air-space condominiums, of seven (7) or
15 more dwelling units, for which the application is deemed complete on or after the
effective date of this Ordinance. 16 (3) Any residential tentative map of seven (7) or more dwelling units, for
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which the tentative map application was deemed complete on or following the effective
date of this ordinance, and is subsequently approved for extension after the effective date
1a of this ordinance.
(4) Any residential planned unit development, site development plan,
19 conditional use permit, residential mobile home park permit or redevelopment permit for
even (7) or more dwelling units, for which the original project application was deemed
on or following the effective date of this ordinance, and is subsequently
pproved for amendment after the effective date of this Ordinance.
(b) Notwithstanding, any contrary provisions of Sections 21.85070, 21.85080,
1.85.090, and 21.85.100, at the sole discretion of the final decision making authority
City, the City may determine that an alternative to the construction of new
units is acceptable, which shall be required to be processed through an
Housing Agreement, consistent with Section 21.85150 of this Chapter.
(c) In determinin g the number of inclusionary units that are required to be built
ursuant to the standards of Section 21.85.070 (New Master/Specific Plans), Section
Master/Specific Plans), Section 21.85090 (Residential Subdivisions),
(Mobile Home Parks), fractional units that result from the
sections may be satisfied by the developer, at the discretion
the following alternatives:
(1) The fractional inclusionary unit shall be treated as a whole inclusionary
(i.e.: any resulting fraction shall be rounded up to the next larger integer) and the
usionary unit shall be built pursuant to the provisions of these sections, or
(2) The fractional inclusionary unit shall not be included in the number of
otherwise required to be built pursuant to the provisions of these sections, but the
oper shall pay to the City, within 90 calendar days of the hearing date granting roval of the requested discretionary permits, an amount of money equal to the fraction
s the average subsidy needed to make affordable to a lower-income household, as
priate, one newly-constructed typical attached housing unit, as set forth in Section
,050 (b) of this Chapter.
21.85050. In-lieu Contributions.
(a) For the following classes of residential projects or permits, for which the
lication was deemed complete on or after the effective date of this Ordinance, the
usionary housing requirement for lower-income households may be met by the
ent to the City of an in-lieu fee or other in-lieu contributions. (1) Any residential project (i.e.; tentative map, tentative map for the
rsion of apartments to air-space condominiums, parcel map, planned unit
opment, site development plan, conditional use permit, residential mobile home park
rmit or redevelopment permit) of six (6) dwelling units or less, for which the
emed complete on or after the effective date of this Ordinance.
(2) Any residential tentative map or parcel map revision, including a
ntative map revision for the conversion of apartments to air-space condominiums, of six
dwelling units or less, for which the application is deemed complete on or after the
ctive date of this Ordinance.
(3) Any residential tentative map or parcel map of six (6) dwelling units
r less, for which the map application was deemed complete on or after the effective date
Ordinance, and is subsequently approved for extension after the effective date of
(4) Any residential planned unit development, site development plan,
ermit, residential mobile home park permit or redevelopment permit for
units or less, for which the application is deemed complete on or after
of this Ordinance, and is subsequently approved for amendment after
effective date of this Ordinance.
(5) Development of 6 (six) or fewer new mobile home pads in a mobile
e park, for which the application is deemed complete on or after the effective date
(b) The in-lieu fee to be paid for each market-rate dwelling unit shall be 15
the subsidy needed to make affordable to a lower-income household one
tructed, typical attached-housing unit. This subsidy shall be based upon the
tion of the average subsidy that would be required to make affordable
-bedroom/one-bath and three-bedroom/two-bath for-sale units and two-
m/one-bath and three-bedroom/two-bath rental units, each with an assumed
bility tenure of at least 30 years.
.(c) The dollar amount and method of payment of the in-lieu fees shall be fixed
a schedule adopted, from time to time, by resolution of the City Council. Said fee
be assessed against the market rate units/pads of a development.
(d) All in-lieu fees collected hereunder shall be deposited in a Housing Trust Fund. 1 Said fund shall be administered by the City and shall be used only for the purpose of
providing funding assistance for the provision of affordable housing and reasonable costs
2 of administration consistent with the policies and programs contained in the Housing
3 Element of the General Plan.
(e) At the discretion of the City Council, an irrevocable dedication of land or 4 other non-monetary contribution of a value not less than the sum of the otherwise
required in-lieu fee may be accepted in-lieu of providing the required affordable housing
5 units or in-lieu fees. The valuation of any land offered in-lieu shall be determined by an
6 appraisal made by an agent mutually agreed upon by the City and the developer. Costs
associated with the appraisal shall be borne by the developer.
7 (f) Where an applicant/developer is authorized to pay a fee in-lieu of development
of affordable housing units, approval of qualifying parcel maps, tentative maps, site
8 development plans, planned unit developments, residential mobile home park permits,
redevelopment permits or conditional use permits listed in subsection 21.85.050(a) shall
9 be conditioned upon a requirement to pay the in-lieu fee in an amount established by
1o resolution of the City Council in effect at the time of payment.
(g) As an alternative to paying required in-lieu fee(s), inclusionary housing
11 requirements may be satisfied either through a combined inclusionary housing project,
pursuant to Section 21.85110 of this Chapter or new construction of required
12 inclusionary units, pursuant to Section 21.85.040 of this Chapter. . .
13 21.85.060. Inclusionarv Housing Imnact Fee.
14 (a) For the following classes of residential projects, for which the application is
deemed complete before the effective date of this Ordinance, the inclusionary housing
15 requirement for lower-income households may be met by the payment to the City of an
inclusionary housing impact fee.
16 (1) Residential projects, of any size, establishing individual lots or dwelling
17 units (i.e.: parcel maps, tentative maps, tentative maps for the conversion of apartments
to air-space condominiums, site development plans, planned unit developments,
1a conditional use permits, residential mobile home park permits, and redevelopment
permits), for which the application was accepted and deemed complete or approved prior
19 to the effective date of this Ordinance.
(2) Single family residential projects, (i.e.: parcel maps and tentative maps)
20 of any size, for which all discretionary approvals, except site development plans, were
21 granted on or before the effective date of this Ordinance and site development plans are
subsequently required as a condition of the prior approval and are approved after the
22 effective date of this Ordinance.
(3) Any residential tentative map or parcel map revision, including a
23 tentative map revision for the conversion of apartments to air-space condominiums, of any
size, for which the application was deemed complete prior to the effective date of this
24 ordinance and is approved on, before or after the effective date of this Ordinance.
25 (4) Any residential tentative map or parcel map for which the application
was deemed complete before the effective date of this Ordinance, which was approved
26 on, before or after the effective date of this Ordinance, and is subsequently approved for
extension on, before, or after the effective date of this Ordinance.
27
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(5) Any residential planned unit development, site development plan,
1 conditional use permit, residential mobile home park permit or redevelopment permit, for
2 which the application was deemed complete before the effective date of this ordinance,
which was approved on, before, or after the effective date of this Ordinance, and is
3 subsequently approved for amendment on, before, or after the effective date of this
Ordinance.
4 (b) Those residential projects which were approved on or before the effective date of this Ordinance, and for which a condition of approval was to pay inclusionary in-lieu
5 fees shall instead pay a housing impact fee, in accordance with this Section.
(c) The housing impact fee to be paid for each market-rate dwelling unit shall be 6 15 percent of the subsidy needed to make affordable to a lower-income household the
7 market-rate rent at a typical existing apartment for a period of 30 years. This subsidy
shall be based upon the Citys determination of the average subsidy that would be
8 required to make affordable rents for typical one-, two-, three-, and four-bedroom
apartments. The average subsidy shall be weighted for the actual demand for housing,
9 by number of bedrooms, as determined by the applications for lower-income affordable
1o housing qualified and approved by the City.
(d) The dollar amount of the inclusionary housing impact fee shall be fixed by a
11 schedule adopted, from time to time, by resolution of the City Council. Said fee shall be
assessed against the market rate units of a development.
12 (e) The inclusionaxy housing impact fee shall be paid, as an individual fee, on a
per market-rate dwelling unit basis at the time of building permit issuance, or prior to the
l3 recordation of final map and/or issuance of certificate of compliance for conversions of
14 existing apartments to airspace condominiums.
(f) All housing impact fees collected hereunder shall be deposited in a Housing
15 Trust Fund. Said fund shall be administered by the City and shall be used only for the
purpose of providing funding assistance for the provision of affordable housing and
16 reasonable costs of administration consistent with the policies and programs contained
17 in the Housing Element of the General Plan.
ia 21.85.070. Renulations for New Master Plans or Specific Plans. (Approved after
the effective date of this Ordinance.)
19 (a) This Chapter requires the following:
(1) Not less than fifteen percent (15%) of all base residential units in any
20 new master plan or specific plan shall be set aside for occupancy by and shall be
21 affordable to lower-income households.
(b) For those developments which are required to provide ten or more units
22 affordable to lower income households, at least ten percent of the lower income units
shall have three or more bedrooms.
23 (c) The inclusionary housing requirement for lower-income households in a new
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master plan or new specific plan may not be met by the payment to the City of an in-lieu
fee, other in-lieu contributions or inclusionary housing impact fee, with the exception that
25 any resulting fractional inclusionary unit may be satisfied through the payment of a fee,
as set forth in Section 21.85.040(c) of this Chapter.
26 (d) All new master plans and specific plans are required by this Chapter to provide
an Inclusionary Housing Plan within the master plan or specific plan document. This
27 Inclusionary Housing Plan will include appropriate text, maps, tables, or figures to
2a establish the basic framework for implementing the requirements of this Chapter. It shall
minimum, but not be limited to, the following: (1) The total number of base residential units of the master plan or specific
(2) The number of required inclusionary units for lower-income households ver the entire master plan or specifk plan; (3) The desi gnated sites for the location of the inclusionary units, including
not limited to any sites for locating off-site inclusionary housing projects or combined
usionary housing projects;
(4) A phasing schedule for production of inclusionary units; and (5) A general provision stipulating that an Affordable Housing Agreement be made a condition of all future discretionary permits for development within the
er or Specific Plan area (i.e. tentative maps, parcel maps, planned unit developments
e development plans). The provision shall establish that all relevant terms and
ns of any Affordable Housing Agreement shall be filed and recorded as a deed
striction on those individual lots or units of a project which are designated for the
cation of inclusionary units. The Affordable Housing Agreement shall be consistent with
ction 21.85.150 of this Chapter.
(6) The location and phasing of inclusionary dwelling units may be
odified as a minor amendment to the Master Plan pursuant to Section 21.38.120 of this
(e) For the purpose of determinin g the number of required lower-income
clusionary units in new master plans and specific plans, the following standards shall
(1) The number of required lower-income inclusionary units shall be
tained by the following formula:
Lower-Income Inclusionary units = ‘base” x 0.15.
(f) The base for a new master plan or specific plan is determined by multiplying
developable acreage of the project site times the growth management control
for the project site’s applicable general plan designation(s). If in the course of
viewing a new master plan or specific plan, the final decision making authority of the
s that the base residential yield of the new master plan or specific plan
cannot be achieved, then the base shall be equal to the maximum number of units
19 Jactually approved by the final decision making authority of the City. If a density bonus
1s or subsequently becomes awarded, the increased density is not included in the base
20 when determinin g the number of required inclusionary units relative to the base project
21 yield.
22 21.85.080. Regulations for Existing Master Plans and Snecific Plans. (Approved
on or before the effective date of this Ordinance.)
23 (a) This Chapter requires the following: (1) Not less than fifteen percent (15%) of all base residential units in any
24 existing master plan or specific plan shall be set aside for occupancy by and shall be
25 affordable to lower-income households.
(b) For those developments which are required to provide ten or more units
26 affordable to lower-income households, at least ten percent of the lower-income tits
shall have three or more bedrooms. 27
28
(c) All existing master plans or specific plans proposed for major amendment,
umt to Section 21.38.120 of this Code, shall incorporate into the amended master
or specific plan document an Inclusionary Housing Plan, consistent with Section
.85.070 (d) of this Chapter.
(d) Consistent with Sections 21.85.040 and 21.85050 of this Chapter, certain sses of projects or permits within an existing master plan or specific plan may satisfy
eir inclusionary housing requirement for lower-income households through the payment
the City of an in-lieu fee or other in-lieu contributions.
(e) Consistent with Section 21.85.060 of this Chapter, certain classes of projects permits within an existing master plan or specific plan may satisfy their inclusionary
using requirement through the payment of an inclusionary housing impact fee.
(f) For the purpose of determinin g the number of required lower-income clusionary units in an existing master plan or specific plan, the following standards shall
(1) The number of required lower-income inclusionary units shall be
ed by the following formula:
Lower-Income Inclusionary units = ‘base” x 0.15.
(g) The base for an existing master plan or existing specific plan shall be equal the sum of the maximum number of dwelling units permitted under that existing
ster plan or specific plan for all phases or individual developments within the existing
ster plan or specific plan. If a density bonus is or subsequently becomes awarded, the
reased density is not included in the base when determining the number of required
lusionary units relative to the base project yield. The base for existing master plan or
ecific plan phases and developments shall not be less than the maximum number of
elling units permitted for that phase or development in the existing master plan or
eciflc plan, except for the following specific development phases of an existing master
specific plan:
(1) Where building permits were issued, on or before the effective date
this Ordinance, for the construction of new dwelling units approved in a master plan
specific plan phase or individual development area, the number of dwelling units
proved via said permits shall be subtracted from the base as otherwise determined for
at phase or individual development.
(2) where a tentative map or final map (which establishes individual
residential lots or dwelling units) for any phase or individual development area of a
20 master plan or specific plan was either approved, on or before the effective date of this
Ordinance, or the application for said tentative map was received and deemed complete
21 by the Planning Department, before the effective date of this ordinance, and the number
22 of approved dwelling units is less than the maximum number of dwelling units permitted
in the master plan or specific plan, then the base shall be equal to the number of dwelling
23 units actually approved on the tentative map or final map for that phase or individual
development of the master plan or specific plan. 24 (3) For any phase or individual development area of a master plan or
specific plan for which a tentative map (which establishes individual residential lots or
25 dwelling units) has not been deemed complete or approved, before the effective date of
26 this ordinance, the base shall be equal to the maximum number of dwelling units
permitted under that master plan or specific plan for that phase or individual development
27 area. If in the course of reviewing a phase or individual development area of a master
or specific plan, the final decision making authority of the City determines that the 28
maximum number of dwelling units permitted for a phase or individual development area
1 of a master plan or specific plan cannot be achieved, then the base shall be equal to the
maximum number of units actually approved by the final decision making authority of the
2 City.
3h (h) An Affordable Housing Agreement shall be made a condition of all future ‘scretionary permits for development within the master or specific plan area (i.e.
4 tentative maps, parcel maps, planned unit developments and site development plans). The
relevant terms and conditions of the Affordable Housing Agreement shall be filed and
5 recorded as a deed restriction on those individual lots or units of a project which are
designated for the location of inclusionary units. The Affordable Housing Agreement shall
6 be consistent with Section 21.85150 of this Chapter.
21,85.090. Regulations for Residential Subdivisions Not Subiect to Master Plan
r Snecific Plan. (a) This Chapter requires the following: 9 (1) Not less than fifteen percent (15%) of all base residential units in any residential subdivision shall be set aside for occupancy by and shall be affordable to
lo lower-income households.
11 (b) Consistent with Sections 21.85.040 and 21.85050 of this Chapter, certain
sidential subdivisions may satisfy their inclusionary housing requirement for lower-
come households through the payment to the City of an in-lieu fee or other in-lieu
contributions. 13 (c) Consistent with Section 21.85060 of this Chapter, certain residential
14 subdivisions may satisfy their inclusionary housing requirement through the payment to
the City of an inclusionary housing impact fee.
15 (d) For the purpose of determinin g the number of required lower-income
inclusionary tits the following standards shall apply:
16 (1) The number of required lower-income inclusionary units shall be
17 obtained by the following formula:
Lower-Income Inclusionary units = ‘base” x 0.15.
la aff (e) For those developments which are required to provide ten or more units
ordable to lower-income households, at least ten percent of the lower-income units
19 shall have three or more bedrooms.
(f) The base for a residential subdivision is determined by multiplying the net
20 developable acreage of the project site times the growth management control point(s) for
the project site’s applicable general plan designation(s). If in the course of reviewing a 21 r esidential subdivision project, the final decision making authority of the City determines
22 that the base residential yield of the project site cannot be achieved, then the base shall
be equal to the maximum number of units actually approved by the final decision making
23 authority of the City. If a density bonus is or subsequently becomes awarded, the
increased density is not included in the base when determining the number of required
24 inclusionary units relative to the base project yield.
25
(g) Where a residential subdivision was either approved on or before the effective
date of this ordinance; or the application for said residential subdivision was received and
26 deemed complete by the Planning Department, before the effective date of this Ordinance,
and the number of approved dwelling units is less than the base number of dwelling units
27 achievable, than the base shall be equal to the number of dwelling units actually
28 approved on the residential subdivision.
(h) An Affordable Housing Agreement shall be made a condition of the
scretionary permits for development of the residential subdivision (i.e. tentative maps,
el maps, planned unit developments and site development plans). The relevant terms nditions of the Affordable Housing Agreement shah be filed and recorded as a deed
on on those individual lots or units of a project which are designated for the ocation of inclusionary units. The Affordable Housing Agreement shall be consistent
th Section 21.85.150 of this Chapter.
21.85100. Regulations for Mobile Home Parks.
(a) This Chapter requires the following: (1) Not less than fifteen percent (15Oh) of all base mobile home coaches
or pads in any mobile home park shall be set aside for occupancy by and shall be
dable to lower-income households.
(b) The development of (6) six or fewer new mobile home pads in a mobile home
may meet their inclusionary housing requirement for lower-income households by
payment. to the City of an in-lieu fee or other in-lieu contributions, consistent with
tions 21.85040 and 21.85.050 of this Chapter.
(c) For the purpose of determinin g the number of required lower-income
lusionary units the following standards shall apply:
(1) The number of required lower-income inclusionary units shall be
by the following fo?ula:
Lower-Income Inclusionary units = “base” x 0.15.
(d). For those developments which are required to provide ten or more units
dable to lower-income households, at least ten percent of the lower-income units
have three or more bedrooms.
(e) The base for a mobile home development is determined by multiplying the net
velopable acreage of the,project site times the growth management control point(s) for
eject site’s applicable general plan designation(s). tf in the course of reviewing a
e home project, the final decision making authority of the City determines that the
e residential yield of the project site cannot be achieved, then the base shall be equal
the maximum number of units actually approved by the final decision making authority
the City. If a density bonus is or subsequently becomes awarded, the increased density
not included in the base when determinin g the number of required inclusionary units
20 elative to the base project yield.
(f) An Affordable Housing Agreement shall be made a condition of the
25
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21.85.110. Combined Inclusionarv Housing Projects.
Circumstances may arise from time to time in which the public interest would be
26 served by allowing some or all of the inchtsionary units associated with one residential
project site to be produced and operated at an alternative site or sites. Where the parties
27 in interest to the sites and the City form an agreement to such an effect, the resulting
28 linked project sites shall be considered to be a single combined inclusionary housing
21 ’ cretionary permits for development of the mobile home park (i.e. tentative maps,
esidential mobile home park permits, or conditional use permits). The relevant terms and
22 conditions of the Affordable Housing Agreement shall be filed and recorded as a deed
estriction on those individual pads or units of a project which are designated for the
2 3 ocation of inclusionary units. The Affordable Housing Agreement shall be consistent with
24 Section 21.85.150 of this Chapter.
15
reject. It is the exclusive prerogative of the final decision making authority of the City
determine whether or not it is in the public interest to authorize the residential sites
form a combined inclusionary housing project.
All agreements between parties to form a combined inclusionary housing project
be made a part of the Housing Agreement (Section 21.85150 of this Code) required
21.85.120. Affordable Housing Standards.
(a) Notwithstandin g a developer9 request to process a residential project under
(Residential Density Bonus) of this Code, all residential projects are subject
and must satisfy the inclusionary housing requirements of this Chapter.
(b) The required inclusionary units shall be constructed concurrent with market
ts unless both the final decision making authority of the City and developer agree
the Affordable Housing Agreement to an alternative schedule for development.
ary rental units shall remain restricted and affordable to the
ome group for the useful life of the project or housing unit, assuming good
maintain the project or housing unit and rehabilitate it as necessary.
(d) After the initial sale of the inclusionary for-sale units to the designated income
p, inclusionary for-sale units shall remain affordable for their useful life; or if
sequently sold at a market price to other than targeted households, the sale shall
t in the recapture of the City? financial interest in the units, for use in assisting other
ligible households.
(e) Inclusionary units should be built on-site and whenever reasonably possible,
throughout the project site.
(f) In certain cases -where a combined inclusionary housing project is proposed,
inclusionary units may be provided on a site separate from the site of the market-rate
ts. Construction of the inclusionary units is, limited to sites within the same City
ch the market-rate units are located or sites which are contiguous to the
drant in which the market rate units are proposed. Where the required inclusionary
ts are located within a master or specific plan area, the first priority for location of the
within the same master or specific plan, followed by the same Local
In the event that a Local Facilities Management Zone
s, the required inclusionary units shall be located within the same
20 City quadrant in which the market-rate units are located.
(g) Inclusionary units restricted for lower-income households should be located
21 on sites that are in proximity to or will provide access to employment opportunities,
urban services, or major roads or other transportation and commuter rail facilities (i.e.
22 freeways, bus lines) and that are compatible with adjacent land uses.
(h) With the approval of the final decision making authority of the City, the
-23 developer/applicant may reduce both the size and amenities of the inclusionary units
provided that all units conform to the requirements of the applicable building and housing
24 codes. The design of the inclusionary units shall be reasonably consistent or compatible
25 with the design of the total project development in terms of appearance, materials and
finished quality.
26 (i) Inclusionary projects shall provide a mix of affordable dwelling units (by
number of bedrooms) in response to affordable housing demand priorities of the City,
27 whenever feasible.
28
(j) NO building permit shall be issued, nor any development approval granted for
evelopment which does not meet the requirements of this chapter. No inclusionary t shall be rented or sold except in accordance with this chapter.
21.85.130. Incentives to Offset the Cost of Affordable Housing Development.
The inclusionary housing regulations established by this Chapter are a portion of
requirements which must be met by parties wishing City approvals for the
nstruction of residential developments in the City of Carlsbad. The City shall in good
th consider making available to the development industry incentives or financial
sistance to enable residential projects to provide affordable housing to lower-income
useholds. Incentives or financial assistance will be offered by the City to the extent
at resources for this purpose are available to the City and approved for such use by the
Council, and to the extent that the residential projects, with the use of incentives or
cial assistance, assists in achieving the City’s housing goals. To the degree that the
makes available programs to provide incentives or financial assistance to the
velopment industry, developers may make application for such incentives or assistance.
ever, nothing in this Chapter establishes, directly or through implication, a right for
eveloper to receive any assistance or incentive from the City or any other party or
ency to enable him/her to meet the obligations established by this Chapter. Projects
entitled to density bonuses and/or other incentives in accordance with provisions of
e law, pursuant to the provisions of Chapter 21.86. of this code. Any incentives
by the final decision making authority of the City and the allowable housing established by the final decision making authority of the City shall be set out
Affordable Housing Agreement pursuant to Section 21.85.150. Furthermore,
are encouraged to utilize local, state or federal assistance, when available, to
rdability standards set forth in Section 21.85..020 (1).
21.85.140. Preliminarv Proiect ADDkatiOn and Review Process.
(a) An applicant/developer proposing an inclusionary housing project, shall submit
application to the Planning Director prior to the submittal of any formal
r such housing development. The preliminary application shall include the
(1) A brief description of the proposal including the number of
20 inclusionary units proposed;
(2) The Zoning, General Plan designations and assessors parcel
21 number(s) of the project site;
(3) A site plan, drawn to scale, which includes: building footprints,
22 driveway and parking layout, building elevations, existing contours and proposed grading;
and 23 (4) A letter identifying what specific incentives (i.e.; standards
modifications, density bonus or fee subsidies) are being requested of the City. Justification
z4 for each incentive request should also be included.
25 (b) Within thirty days of receipt of the preliminary application by the Planning
Director for projects not requesting incentives or financial assistance, or ninety days for
26 projects requesting incentives or financial incentives, the department shall provide to an
applicant/developer, a letter which identifies project issues of concern, the incentives
27 and/or financial assistance that the Planning Director can support when making a
28 recommendation to the final decision-making authority, and the procedures for
17
pliance with this Chapter. The applicant shall also be provided with a copy of this
apter and related policies, the pertinent sections of the California Codes to which
rence is made in this Chapter and all required application forms.
plicants/developers, subject to this Chapter, shall demonstrate compliance
apter by the preparation and approval of an Affordable Housing Agreement.
aft Affordable Housing Agreement shall be submitted by the applicant to the City.
e terms of the draft Agreement shall be reviewed by the Planning Director and Director
Housing and Redevelopment, who shall formulate a recommendation and refer the
r to the Community Development Director or his designee for final approval.
wing the approval and the signing by all parties the completed Affordable Housing
eement shall be recorded, and the relevant terms and conditions therefrom filed and
rded as a deed restriction on those individual lots or units of a property which are
the location of affordable unit. The approval and recordation shall take
final map approval or, where a map is not being processed, prior to the
building permits for such lots or units. The Affordable Housing Agreement
ding to all future owners and successors in interest.
(b) An Affordable Housing Agreement, for which the inclusionary housing
but not
IL3
it& off-site or through a combinedinclusionary housing project, shallestablish,
e limited to, the following:
14 (1) The number of inclusionary dwelling units proposed;
(2) The unit size(s) (square footage) of the inclusionary units and the
15 umber of bedrooms per inclusionary dwelling unit;
~
(3) The proposed location of the inclusionary units; 16 (4) Tenure of affordability for inclusionary units (30 year minimum);
17 (5) Schedule for production of dwelling units;
(6) Incentives and/or financial assistance provided by the City;
18 (7) Where a pp ca li bl e, terms and conditions establishing rules and
rocedures for qualifying tenants, setting rental rates, filling vacancies, and operating and
19 aintaining units for affordable inclusionary dwelling units;
(8) Where applicable, terms and conditions governing the initial sale of for-
20 ale inclusionary units; and
21 (9) Standards modifications granted by the City.
(c) An Affordable Housing Agreement, for which the inclusionary housing
22 requirement will be satisfied through payment to the City of any in-lieu contributions
other than fee monies (i.e. land dedication) shall be required to include the following:
23 (1) The method, schedule and value of total in-lieu contributions; and
(2) A det e&nation of otherwise required per market-rate dwelling tit
24 in-lieu fees as established by the schedule in effect at the time of payment.
25 (d) An Affordable Housing Agreement will not be required for projects which will
be satisfying their inclusionary housing requirement through payment to the City of an
26 in-lieu fee or inclusionary housing impact fee.
27 . . . .
28
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21.85.160. Inclusionarv Housing Resale Agreement.
All buyers of for-sale inclusionary units shall enter into an Inclusionary Housing
Resale Agreement with the City’s Housing Authority prior to purchasing the unit or
property. The Resale Agreement shall specify that the title to the subject unit or property
may not be transferred without prior approval of the City’s Housing Authority.
4 21.85.170. Elinibilitv Requirements.
5
Only households meeting the standards for designated lower income groups as
defined in Section 21.85.020 shall be eligible to occupy inclusionary units.
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21.85.180. Management and Monitoring,
(a) Inclusionary rental units shall be managed/operated by the owner of the units
or his or her agent. Each owner of inclusionary rental units shall submit an annual report
to the City, at the end of the previous calendar year, identifying which units are
inclusionary units, the monthly rent, vacancy information for each inclusionary rental unit
for the prior year, monthly income for tenants of each inclusionary rental unit throughout
the prior year, and other information as required by the City, while ensuring the privacy
of the tenant.
21.85.190. Collection of fees.
All fees collected under this Chapter shall be deposited into a Housing Trust Fund
and shall be expended only for the affordable housing needs of lower-income households,
and reasonable costs of administration consistent with the purpose of this Chapter.
14 II
15
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II 21.85.200. Senarabilitv of Provisions.
If any provision of this chapter or the application thereof to any person or
circumstances is held invalid, the remainder of the chapter and the application of the
provision’ to other persons not similarly situated or to other circumstances shall not be
17 affected thereby.
/I
18 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption,
19 and the City Clerk shall certify to the adoption of this ordinance and cause it to be
20 published at least once in the Carlsbad Sun within fifteen days after its adoption.
21
22 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
23 on the 13th day of April J 19s and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Zarlsbad on the 20th day of APRIL , 19 93 J by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin
NOES: None
ABSENT: Council Members Nyga .ard, Fin lnila
WPROWD AS TO FORM AND LEGALITY
XONALD R. BALL, City Attorney
v&a- 93.
‘I-l-TEST:
4LETI-M L. RAUTENKMNZ, City Clerk
20