Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 672, 742, 840, 1018 and 1061-07.
[§ 9-11.101, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
The purpose of this chapter is to:
(a)
Foster realization of the goals of the community vision elaborated
in the Avalon 2030 Vision as adopted by resolution of the City Council
on July 16, 2013, and the City Council Goals adopted March 17, 2015.
The Avalon 2030 Vision was drafted by a working group of Avalon citizens
after numerous community meetings, focus groups, and surveys and embodies
the statement of policy pursuant to which the comprehensive, long-term
plans for the development of Avalon shall be formulated and measured.
With regard to housing, the Avalon 2030 Vision states as a goal that
"residents have access to dignified, affordable housing."
(b)
Address City Council Goals, adopted following multiple study
and brainstorming sessions of the City Council, with input from the
community, on the specific achievements, accomplishments, and outcomes
they would like to see for the City including updating the Municipal
Code to address outdated codes and codes that are inconsistent with
the vision of the City.
(c)
Encourage the availability of dignified, safe, and affordable
workforce housing within the City of Avalon by promoting development
of decent living environments and removing unnecessary barriers to
such development in order to increase the opportunities for dignified,
safe, and affordable housing for lower- and moderate-income households,
as well as households with special needs, and to thereby implement
the housing policies articulated in the Housing Element of the General
Plan.
(d)
Assist in the development of affordable home ownership opportunities
for lower- and moderate-income residents and ensure the long-term
affordability of those opportunities for years to come.
(e)
Ensure that the private sector, in addition to public sector,
participates in the provision of affordable housing for workers within
the City of Avalon.
(f)
Adopting the affordable inclusionary requirement for each applicable
residential development will ensure that affordable housing will be
dispersed throughout the City and throughout each project and not
be segregated from market-rate housing.
[§ 9-11.102, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
The City of Avalon finds that:
(a)
Both California and the City face a serious housing problem
that threatens their economic security. Lack of access to workforce
housing has a direct impact on the health, safety, and welfare of
the residents of the City. The City will not be able to contribute
to the attainment of state housing goals or to retain a healthy environment
without additional affordable housing. The housing problem has an
impact upon a broad range of income groups including many who are
not impoverished by standards other than those found in California's
and the City's housing markets, and no single housing program
will be sufficient to meet the housing need.
(b)
Without assistance from government, there exists within the
City a shortage of workforce housing that is affordable (either for
rental or purchase) to persons of lower and moderate income.
(c)
The California Legislature has consistently recognized the continuing
need for affordable housing in California, stating in Government Code
§ 65580 that "the availability of housing is of vital statewide
importance, and the early attainment of decent housing . . . is a
priority of the highest order" and, further, that "local . . . governments
have a responsibility to use the powers vested in them to facilitate
the improvement and development of housing to make adequate provision
for the housing needs of all economic segments of the community."
(d)
Strong demand for second (vacation) homes has helped push the
purchase price of a home in the City beyond the reach of much of the
local workforce.
(e)
Home ownership helps foster a stable middle income population
that strengthens and benefits the community economically and socially.
Rapid rises in real property and development costs have eliminated
affordable housing for the middle class in the City. Teachers, firefighters,
managers, medical professionals, and others considered as middle class
can no longer afford to purchase a modest home.
(f)
There is a need to develop housing removed from the speculative
real estate market by imposing various restrictions designed to ensure
that it is owned and lived in by local workers and remains in the
affordable housing pool when sold.
(g)
Development of new commercial projects and market-rate housing
encourages new residents to move to the City. These residents, together
with other commercial projects, will place demands on services provided
by both the public and private sectors. Some of the public and private
sector employees needed to meet the needs of the new residents or
commercial developments earn incomes only adequate to pay for affordable
housing. Because affordable housing is in short supply within the
City, these employees may be forced to live in less than adequate
housing within the City or pay a disproportionate share of their incomes
to live in adequate housing. These circumstances harm the City's
ability to attain goals articulated in the City's General Plan
and strain the City's ability to accept and service new market-rate
housing development or commercial projects.
(h)
The State of California requires each city to develop a general
plan establishing policies for future development. As described in
Government Code § 65580, it is essential in achieving the
state's housing goals of decent housing and a suitable living
environment for every Californian to designate and maintain a supply
of land sufficient to meet the locality's housing needs for all
income levels, including adequate housing to meet the needs of low-
and moderate-income households.
(i)
The City's Housing Element, as contained within the City's
adopted 2030 General Plan/Local Coastal Plan, requires the City to
assist in providing increased affordable housing opportunities for
all residents. This includes specific policies that assist in the
development of affordable ownership housing for lower and moderate
income residents.
(j)
If new development is solely created for higher income, second-home
ownership, it will exacerbate the work force housing shortage and
reduce the limited supply of water and developable land that is available
for affordable workforce housing within the City.
(k)
The requirement to provide affordable housing in new projects
will serve an important public purpose and help mitigate the impacts
of such development on the affordable housing shortage. Inclusionary
housing policies contribute to a healthy job and housing balance.
(l)
The citizens of the City seek a well-planned, aesthetically pleasing and balanced community, with housing affordable to lower- and moderate-income households. Workforce housing should be available through the City, and not restricted to a few neighborhoods and areas. However, there may also be tradeoffs where constructing affordable units at a different site than the site of the principal projects may produce a greater number of affordable units without additional costs to the project applicant. Thus, the City finds that in certain limited circumstances, the purpose of this chapter may be better served by allowing the developer to comply with the inclusionary requirement through alternative means, such as the development of off-site housing, or dedication of land. For example, if a project applicant can produce a significantly greater number of affordable units off site, then it may (but not always) be in the best interest of the City to permit the development of affordable units as a different location than that of the principal project, as further set forth in this Chapter 9-11.
(m)
The City is aware that there may be times when the inclusionary
housing requirements make market-rate housing more expensive. In weighing
all the factors, including the significant need for affordable housing,
the City has made the decision that the community's interests
are best served by the adoption of this inclusionary housing ordinance.
(n)
The adoption of an inclusionary housing requirement in compliance
with the City's General Plan will provide a mechanism for all
residential development containing five or more units to provide their
fair share of affordable housing consistent with the City's adopted
Housing Element; and an inclusionary program will aid the City in
achieving the goal of making affordable housing diverse, dispersed
and inclusionary.
[§ 9-11.103, Ord. 1092-10, eff. May 20, 2010 Ord. 1174-19, eff. March 21, 2019; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
Please note these definitions contain additional provisions
and requirements of the Inclusionary Housing Program. Please read
carefully.
Has the same meaning as set forth in California Health and
Safety Code § 50052.5, and any successor statute or regulation.
Has the same meaning as set forth in California Health and
Safety Code § 50053, and any successor statute or regulation.
A housing unit which either has a monthly contract rent which
is equal to or less than the Fair Market Rent as established by the
U.S. Department of Housing and Urban Development (HUD) for the Section
8 existing or new construction rental assistance programs and which
is subject to a Section 8 agreement assuring that HUD will assist
lower-income persons to rent such units; or
Units which rent at a monthly rate, including a utility allowance,
not to exceed 30% of the low-income family's income; or
A unit made available and guaranteed by a federal or state agency
to achieve the goal of providing affordable housing to those that
earn 80% or less of the median income for the SMSA.
A housing unit which is made available for the use of moderate-income
families and which either:
Rents at a monthly rate not to exceed 120% of the fair market
rent (FMR) for existing units in the SMSA as promulgated by HUD; or
A unit made available and guaranteed by a federal or state agency
to achieve the goal of providing affordable housing to moderate-income
families in the SMSA; or
A unit which is sold and/or resold to a person or family which
meets the income eligibility requirements as defined herein for "moderate
income."
The area median income for Los Angeles County, California,
adjusted for family size, as annually estimated by the United States
Department of Housing and Urban Development pursuant to Section 8
of the United States Housing Act of 1937 or as published in Section
6932 of Title 25 of the California Code of Regulations or any successor
provision published pursuant to California Health and Safety Code
Section 50093(c) and any successor statute or regulation.
Anything owned by an individual that has commercial or exchange
value. Assets consist of specific property or claims against others,
in contrast to obligations due to others. Assets do not include household
personal goods used for day-to-day living or equipment used in the
regular course of a person's business.
The City of Avalon City Manager or his or her designee.
A joint signatory of a promissory note who shall not occupy
the unit unless qualified by the City.
For rental units, that prior to the development of any units
in a project, a recordable contract will be signed between the developer
and the City that is binding upon the developer and any successors,
to provide and maintain the affordable units consistent with the provisions
of this chapter for a period of 55 years; and
For sale units, that prior to the development of any units in
a project, a deed restriction will be recorded limiting the developer
and any successors, whenever the unit is sold, to sell such unit to
persons meeting the income eligibility requirements for low- and moderate-income
units as defined herein for a period of 45 years.
Affordable units created under this chapter shall only be sold
to low- and moderate-income households that will reside in the unit
on a year-round basis.
As a condition of the rental or sale of any unit created under
this chapter, the City must verify that the conditions of this chapter,
and any contract or deed restriction established pursuant to this
chapter, are fulfilled.
The document that contains the details of the applicable
deed restriction.
A contract entered into between the City and the owner or
purchaser of real property identifying the conditions of occupancy
and resale.
An increase in the number of units authorized for a particular
parcel beyond normal densities authorized in the City's Land
Use Element and Zoning Ordinance. These additional densities shall
be used exclusively to provide market-rate year-round rental housing.
Any residential structure or portion of a structure designed
or used as a separate habitation for one or more persons, that is
complete with independent living facilities, including permanent provisions
for living, sleeping, eating, cooking and sanitation, but shall not
include motel or hotel units.
Households whose income and assets limits for various household
sizes are either low income (80% area median income) or moderate income
(120% area median income).
A business whose business address is located on Santa Catalina
Island, including its waters and harbors, whose business employs qualified
employees on Santa Catalina Island. If an employer is not physically
based on Santa Catalina Island, a qualified employee must be able
to verify that they work on Santa Catalina Island a minimum of 30
hours a week on average in a calendar year.
A household of one or more members.
A statement detailing all personal assets, liabilities and
net worth (the difference between assets and liabilities) as of a
specific date.
Anything which has tangible or intangible value, including
property of all kinds, both real and personal, includes, among other
things, patents and causes of action which belong to any persons,
as well as any stock in a corporation and any interest in the estate
of a decedent; also, the entire property of a person, association,
corporation, or estate that is applicable or subject to the payment
of debts. Gross assets shall include funds or property held in living
trust or any similar entity of interest, where the person has management
rights or the ability to apply the assets to the payment of debts.
Gross assets shall not include household personal goods used for day-to-day
living or equipment used in the regular course of a person's
business.
The total income received, including but not limited to alimony,
child support, income derived from a business, trust, employment,
and from income-producing properties before deductions for expenses,
depreciation, taxes, and similar allowances.
One person living alone or two or more persons sharing residency
whose income is considered for housing payments.
The combined gross income of all individuals who will be
occupying the unit. Adjustments to the gross for business expenses
can be made for persons who are self-employed.
The combined net assets of all individuals who will be occupying
the unit.
The number of all individuals regardless of age who will
occupy the unit.
A new dwelling unit where the owner has entered into a contractual
agreement with the City for consideration to offer the rental unit
at an affordable rate or a dwelling unit that is available at an affordable
housing cost to low- or moderate-income households.
The income that is part of a household's total gross
income that is not attributed to payment for work performed, including
but not limited to: investment dividends, trust funds, income from
real property and allowances.
The ownership of real estate between two or more parties
who have been named in one conveyance as joint tenants. Upon the death
of one tenant, surviving joint tenants have the right of survivorship.
Persons and families whose income does not exceed 80% of
the AMI adjusted for family size in accordance with the adjustment
factors adopted by the United States Department of Housing and Urban
Development in establishing income limits for lower-income families.
The construction of units for sale or rent as a residential
housing development. Market-rate units do not guarantee affordability
to low- or moderate-income households.
The median household income as published by the California
Department of Housing and Community Development as most recently published
at the time the affordable unit is offered for sale or rent.
Persons or households whose income exceeds 80% but not 120%,
of the AMI adjusted for family size in accordance with the adjustment
factors adopted by the United States Department of Housing and Urban
Development in establishing income limits for lower-income households.
The gross assets minus liabilities. Retirement accounts will
be reviewed on a case-by-case basis to determine whether or not they
shall be included as a net asset, taking into account the tax consequences
of withdrawal, whether the account is a defined benefit or defined
contribution account and similar factors.
Any real property that both seeks to commence or expand commercial
operations within the City of Avalon for which employees will be hired
or transferred and: 1) a new structure will be built requiring City
planning entitlements; 2) an existing structure will increase its
footprint by 50% or more for purposes of continued or expanded commercial
purposes; or 3) a residential structure or structures will be converted
for commercial purposes.
Any tenancy or occupancy by the same individual or group
for a period of not less than six months.
The time period between July 1 through Labor Day during each
calendar year.
The City of Avalon Planning Director or his or her designee.
The sole and exclusive place of residence. The owner or renter
shall be deemed to have ceased to use the unit as his/her sole and
exclusive place of residence by accepting permanent employment outside
of Santa Catalina Island, or residing in the unit fewer than nine
months out of any twelve-month period.
A person who has been legally employed a minimum of 30 hours
worked per week on average over a nine-month period for two continuous
years on Santa Catalina Island and must reside on Santa Catalina Island
a minimum of nine months out of a year. If self-employed, the worker
must provide verification of the work done on Santa Catalina Island.
If retiring after living in the inclusionary unit for five years as
a qualified employee, the person will continue to be considered a
qualified employee.
A living space available for affordable rent as defined in this chapter, offered to an employee of a new commercial development on a nontransient basis, and which meets the minimum standards of a single room occupancy as defined by § 9-17.103 of the Avalon Municipal Code.
Shall have the same definition as "dwelling unit" or "unit."
A project proposing the construction of residential dwelling
units where an application for a tentative map, parcel map, or for
projects not processing a map, a site plan is received on or after
October 4, 2007.
A co-ownership in which individuals hold an undivided interest
in real property as if they were a sole owner.
A person who is leasing or has leased a deed restricted unit
which is subject to these guidelines, and any qualifying potential
lessee of any such deed restricted unit, but only with respect to
any issue arising under these guidelines.
[§ 9-11.104, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
(a)
Any new residential development of five or more purchasable
units shall make available inclusionary housing units equivalent to
20% of the units constructed in any residential housing project for
the exclusive year-round use of low- and moderate-income households
pursuant to this chapter, with the possibility of assistance from
the City as contemplated by § 9-11.111. The mix of income
categories will be determined at the time the project is approved.
(b)
Any new residential development of five or more rental units
must make available inclusionary housing units equivalent to 20% of
the units constructed in any residential housing project for the exclusive
year-round use of low- and moderate-income households pursuant to
this chapter, with the possibility of assistance from the City as
contemplated by § 9-11.111. The mix of income categories
will be determined at the time the project is approved.
(1)
Where 20% of the market-rate units of five or more
is equivalent to more than one-half of a unit, this shall be interpreted
to require a full inclusionary housing unit.
|
No. of Units Proposed
|
20% Inclusionary Unit Calculation
|
No. of I.U.'s Required*
|
|---|---|---|
|
5
|
1
|
1
|
|
6
|
1.2
|
1
|
|
7
|
1.4
|
1
|
|
8
|
1.6
|
2
|
|
9
|
1.8
|
2
|
|
10
|
2
|
2
|
|
11
|
2.2
|
2
|
|
12
|
2.4
|
2
|
|
13
|
2.6
|
3
|
|
14
|
2.8
|
3
|
|
15
|
3
|
3
|
|
*
|
Rounding up from 0.5
|
(2)
Exceptions to this section shall be:
(i)
Residential developments of less than five rental
or purchasable units.
(ii)
Approved low- and moderate-income rental housing
projects where affordability is guaranteed for the minimum period
of 55 years for rental units and 45 years for purchasable units. In
addition, the requirements of this chapter do not apply to major or
minor repairs of existing buildings, or the reconstruction of any
structures that have been destroyed by fire, flood, earthquake or
other act of nature, provided that the reconstruction or repair does
not increase the number of residential units or increase the interior
floor area of a nonresidential structure by more than 1,999 square
feet.
(iii)
Developments that have been determined to require
an environmental impact report and where the housing mitigation for
the development would create more low- and moderate-income units than
required by other sections of this chapter.
(3)
The number of inclusionary units required for a
particular project will be determined only once, at the time of tentative
or parcel map approval, or, for developments not processing a map,
prior to issuance of a building permit. If a change in the subdivision
design results in a change in the total number of units, the number
of inclusionary units required will be recalculated to coincide with
the final approved project.
(c)
The following options will satisfy the requirement to provide
inclusionary housing:
(1)
Constructing the appropriate number of purchasable
inclusionary units as required by § 9-11.104 and entering
into a contractual agreement with the City, with the possibility of
assistance from the City as contemplated by § 9-11.111,
to rent those units at an affordable rate and for a certain duration
as described in this chapter.
(2)
Constructing the appropriate number of rental inclusionary
units as required by § 9-11.104 and entering into a contractual
agreement with the City, with the possibility of assistance from the
City as contemplated by § 9-11.111, to rent those units
at an affordable rate and for a certain duration as described in this
chapter.
(3)
Dedicate to the City developable land large enough
to accommodate the required number of inclusionary units.
(4)
Purchase and rehabilitate a comparable number of
units within the City as required by § 9-11.104 and entering
into a contractual agreement with the City to rent those units at
an affordable rate and for a certain duration as described in this
chapter.
(5)
Purchase and rehabilitate a comparable number of
transient rental units, excluding hotel and motel rooms, to be converted
into inclusionary units and placed in the year-round market as required
by this chapter and for a certain duration as described in this chapter.
(6)
Constructing the appropriate number of inclusionary
units off site.
(d)
Any hotel/motel/resort or new commercial development, as defined,
shall provide rental space for at least 50% of the number of peak
season employees projected to be employed by the development, calculated
at the time all required City entitlements have been granted. Any
commercial development subject to the provisions of this Chapter is
subject to audit by the City following the first peak season after
commercial operations have commenced, and the City reserves the right
to modify the new commercial development's rental space requirements
in line with this chapter if the estimation was deficient. Rents for
such accommodations may be established by the hotel/motel/resort/new
commercial operator with City approval, consistent with the City's
"Implementation Guidelines" policy. Whether the hotel/motel/resort/new
commercial operator may use existing housing stock or instead build
new rental spaces to fulfill the requirements of this section will
also be determined in line with the City's "Implementation Guidelines"
policy. All rentals must be for the period of not less than six months.
(e)
Employers in Avalon are encouraged to develop year-round housing
for their employees. Any rental spaces in excess of the employees'
needs shall be rentable to other members of the community for the
period of not less than six months.
(f)
All units in an apartment development shall be made available
to members of the community for period of not less than six months.
No condo conversions would be allowed.
(g)
Developer of inclusionary units will enter into a recorded affordability
covenant with the City which will include restrictions as set forth
by this chapter and as contained within the City's "Implementation
Guidelines" policy.
(h)
Inclusionary units or rental spaces constructed pursuant to
this chapter must be legally restricted to; occupancy by eligible
households for which the units were designated for the minimum period
of 55 years for rental units and 45 years for purchasable units, recorded
in an affordability covenant.
[§ 9-11.105, Ord. 1092-10, eff. May 20, 2010; Ord. 1174-19, eff. March 21, 2019]
The City shall provide the minimum density bonuses and other
incentives that are required by California Government Code §§ 65915
through 65918. The City's Planning Director shall propose standards
and procedures to implement the statutory requirements. The Director's
standards and procedures shall be submitted to the City Council for
approval by resolution and may be changed from time to time by the
same method.
[§ 9-11.106, Ord. 1092-10, eff. May 20, 2010]
(a)
Any person building a density bonus unit pursuant to §§ 9-11.105
(Density Bonus) shall be required to execute an agreement and covenant
between the applicant and the City.
(b)
The agreement shall provide for the guarantee of tenancy for
a period of 12 months in any subsequent rental or lease agreement
between the landlord and his agent and any tenant of a dwelling unit
created pursuant to §§ 9-11.105.
(c)
The term of the agreement shall be for 15 years and it will
be noncancelable during that period. In case a unit authorized pursuant
to § 9-11.105 is demolished, the property owner will not
retain the right to build to density beyond those allowed in the City
Land Use Element and the City Zoning Ordinance.
(d)
Upon approval of a density bonus unit, the agreement will be
recorded in the public records of Los Angeles County and proof of
such recordation shall be provided to the City before any building
permit will be issued for any market rate unit or for any affordable
unit conditioned, regulated, or authorized under the provisions of
this chapter.
(e)
The agreement between the City and the owner of the density
bonus unit shall require that a rental or lease agreement shall be
signed between the owner or owner's agent and the tenant of any
bonus unit. The term of this agreement shall be for one year except
as otherwise required.
(f)
All agreements between the landlord or landlord's agent
and the tenant for bonus units shall be furnished to the City 10 days
prior to any tenant occupying the unit.
(g)
All units provided under this chapter shall be fully utilized.
[Ord. 1174-19, eff. March
21, 2019]
To combat the potential loss of permanent affordable housing
in the City, no housing unit in any affordable-housing project may
be rented for fewer than 30 days. "Affordable-housing project" here
means any project that is given a density bonus under this chapter.
This prohibition on short-term rentals applies to every housing unit
in these projects, whether the unit is affordable or market-rate.
[§ 9-11.106, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
(a)
Through the vehicle of a deed restriction, the City shall require
the developer and his successors to guarantee that any dwelling unit
made available under this chapter will continually be capable of being
purchased by a low- or moderate-income household. A dwelling unit
is capable of being purchased by a low- or moderate-income household
if the unit can be purchased for an affordable housing cost. For any
successive sale of the unit, the right of the City shall be reserved
in the deed restriction for the unit to review and verify that the
price of the unit does not exceed an affordable housing cost and that
the unit is sold to a low- or moderate-income household.
(b)
Units sold pursuant to this section shall only be for six-month
tenancy of residents used as a primary residence as defined in § 9-11.103
of this chapter.
[§ 9-11.109, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
(a)
General. The requirements of this chapter may be adjusted or
waived by the Planning Director if the applicant demonstrates to the
Planning Director that applying the requirement of this chapter would
take property in violation of the United States or California constitutions.
(b)
Timing. For an adjustment or waiver to be considered, the applicant
must apply for the same at the time of an application for the residential
development.
(c)
Adjustment or Waivers. If the Planning Director, in consultation
with the City Attorney, determines that applying the requirements
of this chapter, considered together with any variances, or regulatory
concessions or incentives that may be applied to the proposed residential
project, would take property in violation of the United States or
California constitutions, the requirements of this chapter shall be
modified, adjusted or waived to reduce the obligations but only to
the extent necessary to avoid an unconstitutional result. If the Planning
Director, in consultation with the City Attorney, determines no violation
of the United States or California Constitutions would occur through
application of this chapter, the requirements of this chapter remain
applicable.
(d)
Decision and Further Appeal. The Planning Director will determine
the (adjustment or waiver) application and issue a written decision
within 30 days. The Community Development Director's decision
may be appealed to the City Council within 15 days thereafter.
[§ 9-11.110, Ord. 1092-10, eff. May 20, 2010]
(a)
General. Approval of an Inclusionary Housing Plan and implementation
of an approved Inclusionary Housing Agreement is a condition of any
tentative map, parcel map or building permit for any development for
which this chapter applies. The City Council may impose a fee per
inclusionary unit to be set by resolution in order to offset the costs
of administering this chapter.
(b)
Inclusionary Housing Plan. Every application for a tentative
map, parcel map, or site plan shall include a statement by the applicant
that this chapter is not applicable or shall include an Inclusionary
Housing Plan. The Planning Director shall review the Inclusionary
Housing Plan within 60 days of receipt to determine if the Inclusionary
Housing Plan is complete. If the Inclusionary Housing Plan is incomplete,
the Inclusionary Housing Plan will be returned to the developer along
with a list of the deficiencies or the information required. No application
for a tentative map, parcel map, or site plan to which this chapter
applies may be deemed complete until an Inclusionary Housing Plan
is submitted. At any time during the review process, the Planning
Director may require from the developer additional information reasonably
necessary to clarify and supplement the application or determine consistency
of the proposed Inclusionary Housing Plan with the requirements of
this chapter. The Inclusionary Housing Plan must include:
(1)
The location, structure (attached, semi-attached,
or detached), proposed tenure (for sale or rental), and size of the
proposed market-rate, commercial space and/or inclusionary units and
the basis for calculating the number of inclusionary units. Location
information should include whether the land is owned by the developer
or leased. Leased land would require review of the lease by the City
for compliance with the intent of the inclusionary requirements;
(2)
A floor or site plan depicting the location of
the inclusionary units;
(3)
The income levels to which each inclusionary unit
will be made affordable;
(4)
The mechanisms that will be used to assure that
the units remain affordable for the desired term, such as resale and
rental restrictions, deeds of trust, and rights of first refusal and
other documents;
(5)
For phased development, a phasing plan that provides
for the timely development of the number of inclusionary units proportionate
to each proposed phase of development as required by § 9-11.104
of this chapter.
[§ 9-11.111, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
Incentives for the building of inclusionary housing will be
considered on a case-by-case basis by City officials, in line with
the "Implementation Guidelines" policy adopted by the City. Incentives
are subject to a written agreement between the City and developer
and are subject to City Council approval.
[1]
Editor's Note: Former § 9-11.112, Qualifications
to Purchase Inclusionary Housing, adopted § 9-11.112, Ord.
1092-10, effective 5-20-2010, was repealed 1-7-2020 by Ord. No. 1180-20,
effective 2-6-2020.
[§ 9-11.113, Ord. 1092-10, eff. May 20, 2010]
The City must have documentation on file to verify applicant's
eligibility for purchasable inclusionary housing. Documentation will
be requested to provide proof of applicant's residency, employment,
income, and assets. Applicants will need to supply the requested documents
that may include:
(a)
Income and Asset Verification.
(1)
Previous three years of Federal Income Tax returns.
(2)
All W-2 forms from the previous three years.
(3)
Wage stubs (if W-2 forms are not available).
(4)
Current income and financial statement (including
identification of any property, real or otherwise, owned in part or
whole by any household member).
(5)
A statement of the amount cash, or easily redeemed
valuables, held with a value of over $1,000.
(b)
Legal Employment Verification.
(1)
All W-2 forms from current or previous years.
(2)
Wage stubs (if W-2 forms are not available).
(3)
Employer(s) name, address, telephone and dates
of employment.
(4)
Landlord verification of residency starting dates.
(5)
Valid California driver's license.
(6)
Verification of land line or cell phone service
billed on Santa Catalina Island.
(7)
Divorce decree or separation agreement, including
alimony and child support. A copy must indicate that it has been entered
in the record with all exhibits and supplements attached.
(8)
Documentation showing legal residency.
(d)
Certification of Accuracy. Applicants must sign a document that
states all the information supplied is true and accurate. If it is
determined not to be so, applicant may be disqualified from the process
and face additional penalties as allowed by the law.
(e)
Minimum and Maximum Occupancy for Purchasable/Rental Units.
|
Bedrooms
|
Minimum
|
Maximum
|
|---|---|---|
|
0 BR
|
1
|
2
|
|
1 BR
|
1
|
2
|
|
2 BR
|
2
|
4
|
|
3 BR
|
3
|
6
|
|
4 BR
|
4
|
8
|
[1]
Editor's Note: Former § 9-11.114, Procedures for
the Sale of an Inclusionary Housing Unit, adopted § 9-11.114,
Ord. No. 1092-10, effective 5-20-2010, was repealed 1-7-2020 by Ord.
No. 1180-20, effective 2-6-2020.
[§ 9-11.115, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
In order to ensure that the continuing qualification requirements
are met, the City may perform random audits, investigate complaints
or reports of noncompliance, and/or require requalification forms
to be completed and filed on a cyclical basis. Failure to cooperate
shall subject an owner to the remedies set forth herein or in the
regulatory agreements.
[§ 9-11.116, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
If an owner wishes to vacate their unit for more than three
months and retain ownership of their unit, applicant must apply to
the City Manager for a leave of absence.
[§ 9-11.117, Ord. 1092-10, eff. May 20,2010]
Roommates are allowed only under the following conditions:
(a)
The unit's deed and homeowners' association must specifically
permit roommates.
(b)
The roommate must be a qualified employee.
(c)
The employee must meet the income guidelines for the specific
unit, and all other aspects of being a qualified employee.
(d)
Owner must continue to reside in the unit.
(e)
A roommate or tenant must be given a lease or rental agreement
approved by the City Manager. Copies of the completed leases or rental
agreements must be filed with the City Manager.
(f)
The maximum rental rate is governed by these guidelines and
will be determined by the size of the unit, how many rooms are rented,
and actual homeowner costs to the owner.
(g)
The City Manager must be immediately notified in writing of
any changes regarding roommate status.
(h)
No subletting is allowed.
[§ 9-11.118, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
Rental units will be offered to eligible households at an affordable
rent. The owner of rental inclusionary units shall certify each tenant
household's income and other eligibility requirements to the
City Manager at the time of initial rental and annually thereafter.
The owner must obtain and review documents that demonstrate the prospective
renter's total income, such as income tax returns or W-2s for
the previous calendar year, and submit such information on a form
approved by the City as required by this chapter and pursuant to the
City's "Implementation Guidelines" policy.
[1]
Editor's Note: Former § 9-11.119, Qualifications
to Rent Inclusionary Housing, adopted § 9-11.119, Ord. 1092-10,
effective 5-20-2010, was repealed 1-7-2020 by Ord. No. 1180-20, effective
2-6-2020.
[1]
Editor's Note: Former § 9-11.120, Initial Qualification
Process for Rental of Inclusionary Units, adopted § 9-11.120,
Ord. 1092-10, effective 5-20-2010, was repealed 1-7-2020 by Ord. No.
1180-20, effective 2-6-2020
[1]
Editor's Note: Former § 9-11.121, Procedures for
Renting Inclusionary Housing, adopted § 9-11.121, Ord. 1092-10,
effective 5-20-2010, was repealed 1-7-2020 by Ord. No. 1180-20, effective
2-6-2020.
[1]
Editor's Note: Former § 9-11.122, Enforcement of
Qualifications to Remain in Rental Units, adopted § 9-11.122,
Ord. 1092-10, effective 5-20-2010, was repealed 1-7-2020 by Ord. No.
1180-20, effective 2-6-2020.
[§ 9-11.123, Ord. 1092-10, eff. May 20, 2010]
(a)
It shall be a misdemeanor to violate any provision of this chapter.
Without limiting the generality of the foregoing, it shall also be
a misdemeanor for any person to sell or rent to another person an
affordable unit under this chapter at a price or rent exceeding the
maximum allowed under this chapter or to sell or rent an affordable
unit to a household not qualified under this chapter. It shall further
be a misdemeanor for any person to provide false or materially incomplete
information to the City or to a seller or lessor of an inclusionary
unit to obtain occupancy of housing for which he or she is not eligible.
(b)
The City may institute any appropriate legal actions or proceedings
necessary to ensure compliance with this chapter, including:
(1)
Actions to revoke deny or suspend any permit, including
a Building Permit, Certificate of Occupancy, or discretionary approval.
(2)
Actions to recover from any violator of this chapter,
civil fines, restitution to prevent unjust enrichment from a violation
of this chapter, and/or enforcement costs, including attorneys'
fees.
(3)
Eviction or foreclosure, and
(4)
Any other appropriate action for injunctive relief
or damages. Failure of any official or agency to fulfill the requirements
of this chapter shall not excuse any person, owner, household or other
party from the requirements of this chapter.
