HomeMy WebLinkAbout1993-07-29; Housing Commission; ; DISCUSSION OF HOUSING ELEMENT, COMPREHENSIVE HOUSING AFFORDIBILITY (CHAS), AND INCLUSIONARY HOUSING ORDINANCEJuly 29, 1993 ITEM # 5
TO: HOUSING COMMISSION
FROM: HOUSING AND REDEVELOPMENT DEPARTMENT6J!f)
DISCUSSION OF HOUSING ELEMENT, COMPREHENSIVE HOUSING
AFFORDABILITY STRATEGY (CHAS) AND INCLUSIONARYHOUSINGORDINANCE
Housing and Redevelopment Department will provide a brief overview of the City of Carlsbad's
approved Housing Element and CHAS for the period from 1991-1996. The overview will
include a discussion of the goals, objectives,. policies and programs related to providing
affordable housing in Carlsbad. Also, staff will provide a summary of the Inclusionary Housing
Ordinance. A copy of the approved Inclusionary Housing Ordinance is attached for review prior
to the meeting.
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ORDINANCE NO. NS-232
AN ORDlNANCE OF THE Cl1Y COUNCIL OF THE Cl1Y OF
CARLSBAD, CAUFORN[A. AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDmON OF
CHAPTER 21.85 TO ESTABUSH REQUIREMENTS FOR THE
RESERVATION AND AFFORDABIU1Y OF HOUSING UNITS
FOR LOWER-INCOME HOUSEHOIDS IN RESIDENTIAL
PROJECTS UNDER A Cl1Y WIDE INCLUSIONARY HOUSING
PROGRAM AND THE PAYMENT OF AN IN-UEU FEE OR
INCLUSIONARY HOUSING IMPACT FEE IN SPECIFIED
CIRCUMSTANCES.
APPUCANT: cm OF CARLSBAD
CASE NO: ZCA 91-6
WHEREAS, Government Code Section 65588(b) requires local jurisdictions to
lO revise their Housing Elements every five years; and
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WHEREAS, the City of Carlsbad has revised its Housing Element for the period July
1991 through June 1996; and 13
14 WHEREAS, Government code Section 65584(a) requires localities to address the
15 Regional Share housing needs for persons of all income levels in their Housing Elements;
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17 WHEREAS, the City's Regional Share needs are 2,509 Lower-income units of a
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projected 6,273 total dwelling units needed over a five year period; and
WHEREAS, based upon the needs analysis included within its revised Housing
21 Element, the City of Carlsbad finds that Carlsbad is experiencing a lack of housing
22 affordable to lower-income households; and
23 WHEREAS, the City of Carlsbad's lower-income Fair Share Housing objective
24 (minimum good faith effort of guaranteed units) is 1125 low-income units; and
25 WHEREAS, the City's revised Housing Element includes objectives for the provision
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of 1400 lower-income units (275 units in excess of the Fair Share requirement), and of
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the 1400 lower-income units, the City has committed to producing 350 lower-income 28
units through City initiated development; and
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WHEREAS, the remaining 1050 lower-income units would have to be provided
ugh some other means; and
WHEREAS, due to economic and market conditions, the private market has not
4 roduced in the past, nor is likely to produce in the future, an adequate amount of
5 ousing 'units affordable to lower income households to meet the remaining balance of
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e 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
10 o further aggravate the current affordable housing shortage; and
11 WHEREAS, ~ew residential development which does not include nor contn1>ute
12 ousing for lower income households creates a need for affordable lower income housing
13 y: reducing the supply of residential land upon which affordable housing could have
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en developed, and increasing population, which creates a demand for typical
ommunity services (stores, dry cleaners, gas stations), which are staffed by lower wage
ployees, who create a ·demand for lower income housing; ind
WHEREAS, over the next 5 years, there is an actual need (Regional Need) for 2509
19 ower income units out of a projected 6,273 total dwelling units needed; and
20 WHEREAS, new market rate residential development crea~es a significant portion
21 f this need; and
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WHEREAS, the 15% lower-income inclusionaryrequirement represents 1050 lower-
• come units which is less than one-half of the actual (Regional Need) need over the next
25 S years and therefore bears a reasonable relationship to the need created by new
26 esidential development; and
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WHEREAS, the mandatory lnclusionary Housing Program was identified within the
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·tys 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
t the remaining balance of the City's Fair Share objectives 0ower-income) can be
WHEREAS, based upon an assumed rate for projected residential development
tween 1991 and 1996, the imposition of 15% low-income inclusionary housing
quirement on future residential development is necessary to achieve the City's Fair
hare and Regional Share objectives; and
WHEREAS, the 15% lower-income inclusionary housing requirement is necessary
12 o ensure conformance with the Housing Element of the City's General Plan; and will
13 rotect the health, safety and welfare of its citizens; and
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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
19 ousing requirement, would create an additional economic burden on the private
20 evelopment community, the development of housing affordable to low income
21 ouseholdl is achievable through cooperative partnerships between the development
22 ommunity, non-profit organizations, and the City; and
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Whereas, the City's Housing Element identifies programs to provide technical,
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25 ·~---clal, and standards flexibility incentives. to facilitate inclusionary housing
26 development.
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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
3 ddition of Chapter 21.85 to read as follows:
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"Chapter 21.85
INCLUSIONARY HOUSING
6 ections:
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21.85.010
21.85.020
21.85.030
21.85.040
21.85.050
• 21.85.060
21.85.070
21.85.080
21.85.090
21.85.100
21.85.110
21.85.120
21.85.130
21.85.140
21.85.150
21.85.160
21.85.170
21.85.180
21.85.190
21.85.200
Purpose and Intent.
Definitions.
Applicability of Inclusionary Housing Requirement.
Construction of Required Inclusionary Units.
In-lieu Contributions.
Inclusionary Housing Impact Fee.
Regulations for New Master Plans or Specific Plans (Approved
After the Effective Date of This Ordinance).
Regulations for Existing Master Plans and Specific Plans
(Approved On or Before the Effective Date of This
Ordinance).
Regulations for Residential Subdivisions Not Subject to
Master Plan or Specific Plan.
Regulations for Mobile Home Parks.
Combined Inclusionary Housing Projects.
Affordable Housing Standards.
Incentives to Offset the Cost of Affordable Housing
Development.
Preliminary Project Application and Review Process.
Inclusion of Affordable Housing Agreement as a Condition of
Development.
lnclusionary Housing Resale Agreement.
-Eligibility Requiremt;nts.
Management and Monitoring.
Collection of Fees.
Separability of Provisions
21.85.010. PurJ)Ose and Intent.
23 (a) It is an objective of the City, as established by the Housing Element of the
"ty's General Plan, to ensure that all master planned and specific planned communities
24 d all residential subdivisions provide a range of housing opportunities for all
25 • dentifiable economic segments of the population, including households of lower and
oderate income. Ci) It is also the policy of the City to: ·
26 (1) Require that a minimum of 15% of all approved residential units in any
aster plan, specific plan, or residential subdivision be restricted to and affordable by
27 ower-income households; •
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(2) Require that for those developments which provide 10 or more units
1 ordable to lower-income households, at least 10% of the lower-income units should
ve three or more bedrooms; and
2 (3) In specific cases, allow inclusionary requirements to be satisfied through
3 e payment of an in-lieu fee as an alternative to requiring inclusionary units to be
onstructed on the ground.
4 (4) Require existing, unbuilt residential subdivisions and subdivision
roposals with completed applications as of the effective date of this ordinance to pay a
5 ousing impact fee to satisfy the inclusionary housing requirement.
6 (b) It is the purpose of this Chapter to ensure the implementation of the City
bjective and policy stated in subsections (a).
7 (c) 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
8 gainst the City or its employees is created by this Chapter that would • not arise
• dependently of the provisions of this Chapter.
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21.85.020. Definitions,
Whenever the following terms are used in this Chapter, they -shall have the
eaning established by this section:
(1) "Affordable housing" means housing for which the allowable housing
nses 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: 13 A. Very low-income, unassisted and assisted (State and/or Federal)
14 ental and unassisted and assisted (State and/or Federal) for-sale units: 30 percent of the
ss monthly income, adjusted for household size, at SO percent of the County median
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8. Low-income, unassisted rental and unassisted for-sale units: 30
ent of the gross monthly income, adjusted for household size, at 80 percent of the
unty median income.
C. Low-income, assisted (State and/or Federal) rental units: 30
18 ent of the gross monthly income, adjusted for household size, at 60 percent of the
ounty median income.
19 D. Low-income, assisted (State and/or Federal) for-sale units: 30 .
ent of the gross monthly income, adjusted for household size, at 70 percent of the
20 aunty median income. .
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(2) • Affordable housing agreement" means a legally binding agreement
tween a developer and the City to ensure that the inclusionary requirements of this
pter ae satisfied. The agreement establishes the number of required inclusiorwy
"ts, the unit sizes, location, affordability tenure, terms and conditions of affordability
d unit production schedule.
(3) "Allowable housing expense" means the total monthly or annual
24 recurring expenses required of a household to obtain shelter. For a for-sale unit, allowable
25 ousing expenses include loan principal, loan interest, property and mortgage insurance,
roperty taxes, home owners association dues and a reasonable allowance for utilities.
26 For a rental unit, allowable housing expenses include rent, a reasonable allowance for
utilities.
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(4) "Assisted (State and/or Federal) unit" means a dwelling unit as defined
1 Section 50055 of the California Health and Safety Code.
2 (5) "Base residential units" means a number of units associated with each
ter plan, specific plan, plan phase, or individual development within a master or
3 pecific plan or residential subdivision from which are calculated the lower-income
• clusionary units to be provided in conjunction with that master plan, specific plan,
4 hase or development or residential subdivision.
(6) "Combined inclusionary housing project'' means separate residential
5 evelopment sites which are linked by a contractual relationship such that some or all
6 f the inclusionary units which are associated with one development site are produced
d operated at the alternative development site or sites.
7 (7) "Conversion" means the change of occupancy of a dwelling unit from
wner-occupied to rental or vice versa.
8 (8) "Density bonus (new residential construction)" means a minimum
ensity increase of at least twenty-five percent (25%) over either the Growth
9 anagement Control Point of the applicable General Plan designation, as defined in
ection 21.90.045 of this Title, or the otherwise maximum allowable residential density
lO specified by the applicable master plan or specific plan, at the time of application.
11 (9) "Existing Master Plan or Specific Plan" means any master plan or
pecific plan approved on or before the effective date of this ordinance.
12 (10) "Financial assistance" means such assistance to include but not be
• "ted to the subsidization of fees, infrastructure, land costs, or construction costs, the
13 e of redevelopment set-aside funds or Community Development Block Grant (CDBG)
14 ds, or the provision of other direct financial aid, such as cash transfer payments or
ther monetary compensation, by the City of Carlsbad.
15 (11) "Growth Management Control Point" shall have the same meaning as
hapter 21.90, Section 21.90.045 of this Title.
(12) '1ncentives" means such regulatory concessions to include but not be
• "ted to a density increase, the modification of site development standards or zone code
17 equirements, approval of mixed use zoning in conjunction with the residential project,
18 r any other regulatory incentive which would result in an identifiable cost reduction to
nable the provision of affordable housing for lower-income households.
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19 I (13) "Inclusionary housing project" means a new residential development
r conversion of existing residential buildings which has at least fifteen percent (15%) or
20 ve percent (5%) of the total units reserved and made affordable to lower-income
21 ouseholds 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
quired by this Oapter.
(15) "Income" means any monetary benefits that qualifies as income in
ccordance with the criteria and procedures used by the City of Carlsbad Housing and
24 edevelopment Department for the acceptance of applications and recertifications for the
25. Section 8 Rental Assistance Program, or its successor. _ .
(16) "Low-income household" means those households whose gross mcome
26 • more than SO percent but does not exceed 80 percent of the median income for San
Diego County as detennined annually by the U.S. Department of Housing and Urban
27 Development.
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(17) "Lower-income household" means low-income and very low-income
l ouseholds, whose gross income does not exceed 80 percent of the median income for
San Diego County as determined annually by the. U.S. Department of Housing and Urban
2 Development.
3 (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
4 ocal, state, or federal affordable housing programs. •
(19) "Net developable acreage (for base residential unit calculations)"
5 eans 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
7 Ian approved after the effective date of this ordinance.
(21) ''Target income level" means the income standards for very low, and
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a ow-income levels within San Diego County as detennined annually by the U.S.
epartment of Housing and Urban Development, and adjusted for family size.
9 (22) "Unassisted unit" means a dwelling unit regarding which no form of
10 ssistance has been received from a public body in the production, occupancy and use of
aid dwelling unit.
11 (23) 'Very low-income household" means a household earning a gross
• come equal to 50 percent or less of the median income for San Diego County as
12 etermined annually by the U.S. Department of Housing and Urban Development.·
13 21.85.030. ARplicability of InclusioQ81Y Housing Requirement,
(a) This Chapter shall apply to all residential market rate dwelling units resulting
14 m new construction of rental and "for-sale" projects, as well as the conversion of
15 pa.rtments to air-space condominiums within:
(ll New master plans or specific plans· (approved after the effective date
16 f this Ordinance);
(2) Existing master plans or specific plans (approved . on or before the
17 ective date of this Ordinance) with or without development entitlements (i.e., tentative
ps, final maps, building pennits);
(3) Residential subdivisions not located within any master plan or specific
19 Ian area; and
(4) Mobile home developments; and
20 (5) Tentative maps for the conversion of apartments to air-space
ondominiums. 21 (b) Notwithstanding the foregoing, this Chapter shall not apply to the following:
(1) Those residential units of a project for which building permits have
een issued as of the effective date of this Ordinance;
(2) Existing residences which are altered, improved, restored, repaired,
anded 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-
space condominiums;
25 (3) The construction of a new residential structure which replaces a
26 residential structure that was destroyed or demolished within two yean prior to the
application for a building pennit for the new residential structure, provided that the
27 number of residential units is not increased from the number of residential units of the
28 previously destroyed or demolished residential structure;
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( 4) Any residential unit which is accessory as defined in Section 21.04.020
1 f this Code, the development of which is deemed by the City to be in the public interest;
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2 (S) Those residential units for which, consistent with this Chapter, an
ordable Housing Agreement has been approved by the City, and a deed restriction 3 ecorded restricting the units as affordable for households of lower-income or moderate-
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5 21.85.040. Construction of Required. Inclusionmy Units.
(a) For the following classes of residential projects or permits, for which the
6 pplication is deemed complete on or after the effective date of this Ordinance, the
clusionary housing requirements for lower-income households shall be satisfied through
e construction of new units: 7
8 (1) Any residential project (i.e.; tentative map, tentative map for the
onversion of apartments to air-space condominiums, site development plan, planned unit
9 evelopment, redevelopment permit, residential mobile home park permit or conditional
10 e permit) of seven (7) or more dwelling units, for which the application for said project
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
rdinance and that require, as a condition of approval, the processing of subsequent site
12 evelopment plans, shall be subject to the requirements of Chapter 21.85.060 and each
welling unit will meet the inclusionary requirements by payment of an inclusimwy
13 ousing impact fee.
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(2) Any residential tentative map revision, including a tentative map
vision for the conversion of apartments to air-space condominiums, of seven (7) or
ore dwelling units, for which the application is deemed complete on or after the
ective date of this Ordinance. •
16 (3) Any residential tentative map of seven (7) or more dwelling units, for
hich the tentative map application was deemed complete on or following the effective
17 ate of this ordinance, and is subsequently approved for extension after the effective date
f this ordinance.
18 (4) Any residential planned unit development. site development plan,
19 onditional use permit, residential mobile home park permit or redevelopment permit for
ven (7) or more dwelling units, for which the original project application was deemed
20 omplete on or following ~ effective date of this ordinance, and is subsequently
pproved for amendment after the effective date of this Ordinance.
21 (b) Notwithstanding, any contrary provisions of Sections 21.85.070, 21.85.080,
22 1.85.090, and 21.85.100, at the sole discretion of the final decision making authority
f the City, the City may determine that an alternative to the construction of new
clusionary units is acceptable, which shall be required to be processed through an
ordable Housing Agreement, consistent with Section 21.85.150 of this Chapter.
(c) In determining 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
25 1.85.080 (Existing Master/Specific Plans), Section 21.85.090 (Residential Subdivisions),
26 Section 21.85.100 (Mobile Home Parks), &actional units that result from the
ormulas contained in these sections may be satisfied by the developer, at the discretion
27 f the developer, by either of the following alternatives:
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(1) The fractional inclusionary unit shall be treated as a whole inclusionary
l. ·t (i.e.: any resulting fraction shall be rounded up to the next larger integer) and the
clusionary unit shall be built pursuant to the provisions of these sections, or .
2 (2) The fractional inclusionary unit shall not be included in the number of
3 'ts otherwise required to be built pursuant to the provisions of these sections, but the
eveloper shall pay to the City, within 90 calendar days of the hearing date granting
4 pproval of the requested discretionary permits, an amount of money equal to the fraction
• es the average subsidy needed to make affordable to a lower-income household, as
5 ppropriate, one newly-constructed typical attached housing unit, as set forth in Section
1.85.050 (b) of this Chapter.
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21.85.oso. In-lieu Contributions, 7 (a) For the following classes of residential projects or permits, for which the
a pplication was deemed complete on or after the effective date of this Ordinance, the
clusionary housing requirement for lower-income households may be met by the
9 ayinent 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
lO onversion of apartments to air-space condominiums, parcel map, planned unit
11 evelopment, site development plan, conditional use permit, residential mobile home park
11>eJnut0 or redevelopment pennit) of six (6) dwelling units or less, for which the
12 pplication is deemed complete on or after the effective date of this Ordinance.
(2) Any residential tentative map or parcel map revision, including a
13 entative map revision for the conversion of apartments to air-space condominiums, of six
6) dwelling units or less, for which the application is deemed complete on or after the
ective date of this ~-•
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(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
f this Ordinance, and is subsequently approved for extension after the effective date of
• Ordinance.
• ( 4) Any residential planned unit development, site development plan,
onditional use permit, residential mobile home park permit or redevelopment permit for
ix (6) dwelling units or less, for which the application is deemed complete on or after
e effective date of this Ordinance, and is subsequently approved for amendment after
e effective date of this Ordinance.
. (5) Development of 6 (six) or fewer new mobile home pads in a mobile
ome park. for which the application is deemed complete on or after the effective date
f this Ordinance.
(b) The in-lieu fee to be paid for each market-rate dwelling unit shall be 15
1in.a,.,..n,t of the subsidy needed to make affordable to a lower-income household one
ewly-constructed, typical attached-housing unit. This subsidy shall be based upon the
"ty's determination of the average subsidy that would be required to make affordable
ical, new two-bedroom/one-bath and three-bedroom/two-bath for-sale units and two-
edroom/one-bath and three-bedroom/two-bath rental units, each with an~
ordability tenure ofat least 30 years.
(c) The dollar amount and method of payment of the in-lieu fees shall be fixed
y a schedule adopted, Jrom time to time, by resolution of the City Council. Said fee
hall be assessed_ against the market rate units/pads of a development. •
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(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
Element of the General Plan. • 3 (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
appraisal made by an agent mutually agreed upon by the City and the developer. Costs
6 associated with the appraisal shall be borne by the developer. .
7 (f) Where an applicanVdeveloper is authorized to pay a fee in-lieu of development
f affordable housing units, approval of qualifying parcel maps, tentative maps, site a development plans, planned unit developments, residential mobile. home park permits,
redevelopment permits or conditional use pennits listed in subsection 21.85.0S0(a) shall
9 conditioned upon a requirement to pay the in-lieu fee in an amount established by
esolution of the City Council in effect at the time of payment.
lO (g) As an alternative to paying required in-lieu fee(s), inclusionary housing
11 quirements may be satisfied either through a combined inclusionary housing project,
ursuant to Section 21.85.110 of this Chapter or new consttuction of required
12 • clusionary units, pursuant to Section 21.85.040 of this Chapter.
13 21.85.060, Inclusionazy Housing Impact Fee.
14 (a) For the following classes of residential projects, for which the application is
eemed complete before the effective date of this Ordinance, the inclusionary housing
15 equirement for lower-income households may be met by the payment to the City of an
• clusionary housing impact fee.
16 (1) Residential projects, of any size, establishing individual lots or dwelling
·ts (i.e.: parcel maps, tentative maps, tentative maps for the conversion of apartments
17 o air-space condominiums,· site development plans, planned unit developments,
18 conditional use permits, residential mobile home park permits, and redevelopment
muts), 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 f 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
ubsequendy req~ as a condition of the prior approval and are approved after the
22 effective elate 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.
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(5) Any residential planned unit development, site development plan,
l conditional use permit, residential mobile home park permit or redevelopment permit, for •
hich the application was deemed complete before the effective date of this ordinance,
2 hich 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 ees 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 arket-rate rent at a typical existing apartment for a period of 30 years. This subsidy
hall be based upon the City's determination of the average subsidy that would be
8 equired to make affordable rents for typical one-, two-, three-, and four-bedroom
partments. The average subsidy shall be weighted for the actual demand for housing,
9 y number of bedrooms~ as determined by the applications for lower-income affordable
ousing qualified and approved by the City.
lO (d) The dollar amount of the inclusionary housing impact fee shall be fixed by a
11 hedule adopted, from time to time, by resolution of the City Council. Said fee shall be
11assessed against the market rate units of a development.
12 (e) The inclusionary housing impact fee shall be paid, as an individual fee, on a
er market-rate dwelling unit basis at the time of building pennit issuance, or prior to. the
13 ecordation of final map and/or issuance of certificate of c;ompliance for conversions of
xisting apartments to airspace condominiums.
14 (0 All housing impact fees collected hereunder shall be deposited in a Housing
15 rust Fund. Said fund shall be administered by the City and shall be used only for the
urpose of providing funding assistance for the provision of affordable housing and
16 asonable costs of administration consistent with the policies and programs contained
• the Housing Element of the General Plan. 17
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21.85.070. Regulations for New Master Plans or Specific Plans. (Approved after
e effective date of this Ordinance.)
(a) This Chapter requires the· following:
(1) Not less than fifteen percent (15%) of all base residential units in any
20 ew master plan or specific plan shall be set aside for occupancy by and shall be
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ordable to lower-income households.
(b) Por 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
hall have three or more bedrooms.
23 (c) The inclusionary housing requirement for lower-income households in a new
master plan or new specific plan may not be met by the payment to the City of an in-lieu
24 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 lnclusionary Housing Plan within the master plan or specific plan document. This
27 lnclusionary Housing Plan will include appropriate text, maps, tables, or figures to
establish the basic framework for implementing the requirements of this Chapter. It shall 28
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stablish, as a minimum, but not be limited to, the following:
1 (1) The total number of base residential units of the master plan or specific
2 (2) The number of required inclusionary units for lower-income households
:S ver the entire master plan or specific plan; .
(3) The designated sites for the location of the inclusionary units, including
4 ut not limited to any sites for locating off-site inclusionary housing projects or combined
• clusionary housing projects;
5 ( 4) A phasing schedule for production of inclusionary units; and
(S) A general provision stipulating that an Affordable Housing Agreement
6 hall be made a condition of all future discretionary permits for development within the
7 aster or Specific Plan area (i.e. tentative maps, parcel maps, planned unit developments
d site development plans). The provision shall establish that all relevant terms and
8 onditions of any Affordable Housing Agreement shall be filed and recorded as a deed
estriction on those individual lots or units of a project which are designated for the
9 ocation 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
ll • odified as a minor amendment to the Master Plan pursuant to Section 21.38.120 of this
ide.
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12 (e) For the purpose of determining the number of required lower-income
• clusionary units in new master plans and specific plans., the following standards shall
13 pply:
14 (1) The number of required lower-income inclusionary units shall be
btained by the following formula:
15 Lower-Income Inclusionary units= ''base" x 0.15.
(f) The base for a new master plan or specific plan is determined by multiplying
16 e net developable acreage of the project site times the growth management control
int(s) for the project site's applicable general plan designation(s). If in the course of
17 eviewing a new-master plan or specific plan, the final decision making authority of the
18 "ty determines that the base residential yield of the new master plan or specific plan
annot be achieved, then the base shall be equal to the maximum number of units
19 ctually approved by the final decision making authority of the City. If a density bonus
• or subsequently becomes awarded, the increased density is not included ·in the base
20 hen determining the number of required inclusionary units relative to the base project
"eld. 21
22 21,85,080, Rgulations for Existing Master Plans and Specific 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
affordable to lower-income households.
25 (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 units
shall have three or more bedrooms.
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(c) All existing master plans or specific plans proposed for major amendment,
l ursuant to Section 21.38.120 of this Code, shall incorporate into the amended master
lan or specific plan document an lnclusionary Housing Plan, consistent with Section
• 2 1.85.070 (d) of this Chapter.
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(d) Consistent with Sections 21.85.040 and 21.85.050 of this Chapter, certain
asses 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
o 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
r permits within an existing master plan or specific plan may satisfy their inclusionary
6 ousing requirement through the payment of an inclusionary housing impact fee.
7 (0 For the purpose of determining the number of required lower-income
clusionary units in an existing master plan or specific plan, the following standards shall
8 pply:
(1) The number of required lower-income inclusionary units shall be
9 btained by the following fonnula:
Lower-Income [nclusionary units = "base" x 0.15. _ 10 (g) The base for an existing master plan or existing specific plan shall be equal
11 o the sum of the maximum number of dwelling units permitted under that existing
ter plan or specific plan for all phases or individual developments within the existing
12 ter plan or specific plan. If a density bonus is or subsequently becomes awarded, the
• creased density is not included in the base when determining the number of required
13 clusionary units relative to the base project yield. The base for existing master plan or
pecific plan phases and developments shall not be less than the maximum number of
14 welling units pennitted for that phase or development in the existing master plan or
15 pecific plan, except for the following specific development phases of an existing master
lan or specific plan:
(1) Where building permits were issued, on or before the effective date
f this Ordinance, for the construction of new dwelling units approved in a master plan
17 r specific plan phase or individual development area, the number of dwelling units
18 pproved via said pennits shall be subtracted from the base as otherwise determined for
t phase or individual development.
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(2) Where a tentative map or final map (which establishes individual
esidential lots or dwelling units) for any phase or individual development area of a
ter plan or specific plan was either approved, on or before the _effective date of this
dinance, or the application for said tentative map was received and deemed complete
21 y the Planning Department, before the effective date of this ordinance, and the number
22 f apprmm dwelling units is less than the maximum number of dwelling uni~ permitted
. • the master plan or specific plan, then the base shall be equal to the number of dwelling
23 ·ts actually approved on the tentative map or final map for that phase or individual
evelopment 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 detennines that the
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aximum number of dwelling units permitted for a phase or individual development area
l. f a master plan or specific plan cannot. be achieved, then the base shall be equal to the
aximum number of units actually approved by the final decision making authority of the
2 ity.
(h) An Affordable Housing Agreement shall be made a condition of all future 3 • cretionary permits for development within the master or specific plan area (i.e.
4 entative maps, parcel maps, planned unit developments and site development plans). The
elevant terms and conditions of the Affordable Housing Agreement shall be filed and
5 ecorded as a deed restriction on those individual lots or units of a project which are
esignated for the location of inclusionary units. The Affordable Housing Agreement shall
6 consistent with Section 21.85.150 of this Chapter.
7 21.85.090. Regulations for Residential Subdivisions Not Subject to Master Plan a r S ecific Plan.
(a) This Chapter requires the following:
9 (1) Not less than fifteen percent (15%) of all base residential units in any
esidential subdivision shall be set aside for occupancy by and shall be affordable to
10 ower-income households.
11 (b) Consistent with Sections 21.85.040 and 21.85.050 of this Chapter, certain
id~tial subdivisions may satisfy their inclusionary housing requirement for lower-
12 come households through the payment to the City of an in-lieu fee or other in-lieu
ontributions. . •
13 (c) Consistent ·with Section 21.85.060 of this Chapter, certain residential
ubdivisions may satisfy their inclusionary housing requirement through the payment to
14 e City of an inclusionary housing impact fee.
15 (d) For the purpose of determining the number of required lowtt-income
clusionary units the following standards shall apply:
16 (1) The number of required lower-income inclusionary units shall be
btained by the following formula: •
17 Lower-Income lnclusionary units = "base" x 0.15.
(e) For those developments which are required to provide ten or more units
18 ordable • to lower-income households, at least ten percent of the lower-income units
19 • hall have three or more bedrooms.
~ (0 The base for a residential subdivision is determined by multiplying the net
20 evelopable acreage of the project site times the growth management control point(s) for
e project site's applicable general plan designation(s). [f in the course of reviewing a
2l idential subdivision project, the final decision making authority of the City determines
22 at the base residential yield of the project site cannot be achieved, then the base shall
equal to the maximum number of units actually approved by the final decision making
23 uthority of the City. If a density bonus is or subsequently becomes awarded, the
• creased.density is not included in the base when determining the number of required
24 inclusionary units relative to the base project yield.
(g) Where a residential subdivision was either approved on or before the effective
25 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 uni~ actually
approved on the residential subdivision.
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(h) An Affordable Housing Agreement shall be made a condition of the
l • cretionary permits for development of the residential subdivision (i.e. tentative maps,
arcel maps, planned unit developments and site development plans). The relevant tenns •
2 d conditions of the Affordable Housing Agreement shall be filed and recorded as a deed
3 estriction 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
4 "th Section 21.85.150 of this Chapter.
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21.85.100. Regulations for Mobile Home Parks.
(a) This Chapter requires the following:
(1) Not less than fifteen percent (15%) of all base mobile home coaches
7 d/or pads in any mobile home park shall be set aside for occupancy by and shall be
ordable to lower-income households.
8 (b) The development of (6) six or fewer new mobile home pads in a mobile home
ark may meet their inclusionary housing requirement for lower-income households by
9 e payment to the City of an in-lieu fee or other in-lieu contributions, consistent with
ections 21.85.040 and 21.85.050 of this Chapter.
lO (c) For the purpose of determining the number of required lower-income
11 • clusionary units the following standards shall apply:
(1) The number of required lower-income inclusionary units shall be
12 btained by the following formula:
Lower-tncome lnclusionary units = "base" x 0.15.
(d) For those developments which are required to provide ten or more units
14 ordable to lower-income households, at least ten percent of the lower-income units
hall have three or more bedrooms. • •
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15 (e) The base for a mobile home development is determined by multiplying the net
evelopable acreage of the project site times the growth management control point(s) for
16 e project site's applicable general plan designation(s). If in the course of reviewing a
obile home project, the final decision making authority of the City determines that the
17 ase residential yield of the project site cannot be achieved, then the base shall be equal
18 o the maximum number of units actually approved by the final decision making authority
f the City. If a density bonus is or subsequently becomes awarded, the increased density
19 • not included in the base when determining the number of required inclusionary units
elative to the base project yield-•
• (f) An Affordable Housing Agreement shall be made a condition of the
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 onditiom 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
23 ocation of inclusionary units. 11le Affordable Housing Agreement shall be consistent with
Section 21.85.150 of this Chapter.
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25 21.ss.110. Combined Inclusioruuy Housin1 Pmiects,
Circumstances may arise from time to time in which the public interest would be
26 served by allowing some or all of the inclusionary 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 consi~ered to be a single combined inclusionary housing
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roject. It is the exclusive prerogative of the final decision making authority of the City
1 o determine whether or not it is in the public interest to authorize the residential sites
o form a· combined inclusionary housing project.
2 All agreements between parties to form a combined inclusionary housing project
3 hall be made a part of the Housing Agreement (Section 21.85.150 of this Code) required
or the sites.
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21.85.120. Affordable Housing Standards,
5 (a) Notwithstanding a developets request to process a residential project under
6 pter 21.86 (Residential Density Bonus) of this Code, all residential projects are subject
o and must satisfy the inclusionary housing requirements of this Chapter.
7 (b) The required inclusionary units shall be constructed concurrent with market
te units unless both the final decision making authority of the City and developer agree
8 ·thin the Affordable Housing Agreement to an alternative schedule for development.
( c) lnclusionary rental units shall remain restricted and affordable to the
9 esignated income group for the useful life of the project or housing unit, assuming good
aith efforts to maintain the project or housing unit and rehabilitate it as necessary.
lO (d) After the initial sale of the inclusionary for-sale units to the designated income
11 up, inclusionary for-sale units shall remain affordable for their useful life; or if
ubsequently sold at a market price to other than targeted households, the sale shall
12 ult in the recapture of the City's financial interest in the units, for use in assisting other
ligible households. • .
13 (e) Inclusionary units should be built on-site and whenever reasonably possible,
distributed throughout the project site.
(f) In certain cases where a combined inclusionary housing project is proposed,
15 e 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
• 16 uadrant in which the market-rate units are located or sites which are contiguous to the
uadrant in which the market rate units are proposed. Where the required inclusionary
17 "ts are located within a master or specific plan area, the first priority for location of the
18 temative site is within the same master or specific plan, followed by the same Local
acilities Management Zone. In the event that a Local facilities Management Zone
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19 sses City quadrants, the required inclusionary units shall be located within the same
"ty quadrant in which the market-rate units are located.
20 (g) Inclusionary units restricted for lower•income households should be located
21 n sites that are in proximity to or will provide access to employment opportunities,
ban services. or major roads or other transportation and commuter rail facilities (i.e.
22 eeways, bus Jines) and that are compatible with adjacent land uses.
Ch) 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.
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G) No building permit shall be issued, nor any development approval granted for
development which does not meet the requirements of this chapter. No inclusionary
't shall be rented or sold except in accordance with this chapter.
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21.85.130. Incentives to Offset the Cost of Affordable Housing Development.
The inclusionary housing regulations established by this Chapter are a portion of
e requirements which must be met by parties wishing City approvals for the
onstruction of residential developments in the City of Carlsbad. The City shall in good
5 aith consider making available to the development industry incentives or financial
6 sistance to enable residential projects to provide affordable housing to lower-income
ouseholds. Incentives or financial assistance will be offered by the City to the extent
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7 hat resources for this purpose are available to the City and approved for such use by the
ity 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
ity makes available programs to provide incentives or financial assistance to the
9 evelopment industry, developers may make application for such incentives or assistance.
owever, nothing in this Chapter establishes, directly or through implication, a right for
developer to receive any assistance or incentive from the City or any other party or
11 gency to enable him/her to meet the obligations established by this Chapter. Projects
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e entitled to density bonuses and/or other incentives in accordance with provisions of
12 tate law, pursuant to the provisions of Chapter 21.86. of this code. Any incentives
rovided by the final decision making authority of the City and the allowable housing
13 11ex:oei1Ses established by the final decision making authority of the City shall be set out
14 'thin the Affordable Housing Agreement pursuant to Section 21.85.150. Furthermore,
evelopers are encouraged to utilize local, state or federal assistance, when available, to
15 eet the affordability standards set forth in Section 21.85 .. 020 (1).
16 21.85.140. Prelimiruuy Project Ap_plication and Review Process.
(a) An applicant/developer proposing an inclusionary housing project, shall submit
17 preliminary application to the Planning Director prior to the submittal of any formal
18 pplications for such housing development. The preliminary application shall include the
ollowing information:
19 (1) A brief description of the proposal including the number of
• clusionary units proposed;
20 (2) The Zoning, General Plan designations and assessors parcel
umber(s) of the project site;
21 (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
24 for each incentive request should also be included.
(b) Within thirty days of receipt of the preliminary application by the Planning 25 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
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ompliance with this Chapter. The applicant shall also be provided with a copy of this
l pter and related policies, the pertinent sections of the California Codes to which
eference is made in this Chapter and all required application forms. 2
3 21.85.150.
evelo me .
Inclusion of Affordable Housing Agreement as a Condition of
4 (a) Applicants/developers, subject to this Chapter, shall demonstrate compliance
'th this Chapter by.the preparation and approval of an Affordable Housing Agreement.
5 draft 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
6 f Housing and Redevelopment, who shall formulate a recommendation and refer the
7 atter to the Community Development Director or his designee for final approval.
ollowing the approval and the signing by all parties the completed Affordable Housing
8 greement shall be recorded, and the relevant terms and conditions therefrom filed and
ecorded as a deed restriction on those individual lots or units of a property which are
9 esignated for the location of affordable unit. The approval and recordation shall take
lace prior to final map approval or, where a map is not being processed, prior to the
lO suance of building permits for such lots or units. The Affordable Housing Agreement
11 hall be binding to all future owners and successors in interest ..
(b) An Affordable Housing Agreement, for which the inclusionary housing
12 equirement will be satisfied through new construction of inclusionary units, either on-
ite, off-site or through a combined inclusionary housing project, shall establish, but not
13 limited to, the following:
(1) The number of inclusionary dwelling units proposed;
(2) The unit size(s) (square footage) of the inclusionary units and the 14
15 umber of bedrooms per inclusionary dwelling unit;
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(3) The proposed location of the inclusionary units;
(4) Tenure of affordability for inclusionary units (30 year minimum);
(S) Schedule for production of dwelling units;
(6) Incentives and/or financial assistance provided by the City;
18 (7) Where applicable, terms and conditions establishing rules and
rocedures for qualifying tenants, setting rental rates, filling vacancies, and operarln:g and
• taining units for affordable inclusionary dwelling units; 19
(8) Where applicable, terms and conditions governing the initial sale of for-
20 ale inclusionary units; and
(9) Standards modifications granted by the City. 21 (c) An Affordable Housing Agreement, for which the inclusionary housing
22 equiremmt will be satisfied through payment to the City of any in-lieu contributions
ther than fee monies (Le. land dedication) shall be required to include the following:
23 (1) nte method, schedule and value of total in-lieu contnoutions; and
(2) A determination of otherwise required per market-rate dwelling unit
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 req~t through payment to the City of an
26 in-lieu fee or inclusionary housing impact fee.
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21.85.160. lnclusionary Housing Resale Agreement.
All buyers of for-sale inclusionary units shall enter into an lnclusionary Housing
2 Resale Agreement with the Citys Housing Authority prior to purchasing the unit or
1 property. The Resale Agreement shall specify that the title to the subject unit or propeny
3 may not be transferred without prior approval of the City's Housing Authority.
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21.85.170. Eligibility Requirements.
Only households meeting the standards for designated lower income groups as
defined in Section 21.85.020 shall be eligible to occupy inclusionary units.
21.85.180. Management and Monitoring.
(a) lnclusionary 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
8 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.
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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.
21.85.200. Separability 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
affected thereby.
EFFECTIVE DATE: This ordinance shall be effective 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 Sun within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
on the 13th day of ___ A....,p~ril-=· _, 19~ and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
arlsbad on the 20th day of ___ AP=R __ IL ___ _,. 19..21..._, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, KulGhin
NOES: None
ABSENT: Council Members Nygaard, Finnila
6 PROVED AS TO FORM AND LEGALITY
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9 ONAID R. BALL, City Attorney
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