The intent of this chapter is to implement the policies and programs of the State of California and the Housing Element of the Yountville General Plan to encourage and facilitate the provision of affordable housing.
(Ord. 21-501 § 9)
A.
Applicability. The following developments are subject to the inclusionary housing requirements as provided in subsection B of this section:
B.
Inclusionary Requirements.
1.
Affordable Units Required.
a.
At least 15% of all new dwelling units in a residential development or subdivision subject to the provisions of this chapter shall be deed-restricted to be affordable to very low-, low-and moderate-income households ("inclusionary units") as provided below:
i.
For ownership units, the inclusionary units shall be approximately evenly divided among the three affordable income categories.
ii.
For rental units, the inclusionary units shall be evenly divided for very low-and low-income households.
iii.
Where the number of required affordable units is an odd number, the number of affordable units constructed for very low-income households may be one less than the number of affordable units constructed for low-income households.
2.
Bedroom Mix. The inclusionary units shall include a range of the number of bedrooms. No more than 25% of the inclusionary units shall be studios, and at least 20% of the required inclusionary units shall have more than one bedroom.
3.
Design of Inclusionary Units. Inclusionary units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same residential project. The applicant may reduce the size or interior amenities of the inclusionary units, such as fireplaces, garbage disposals, dishwashers, cabinet and storage space, bathrooms in excess of one, etc., as long as there are no significant differences between inclusionary and market rate units visible from the exterior of the dwelling units and the size and design of the dwelling units are reasonably consistent with the market rate units in the project, provided that all dwelling units conform to the requirements of the applicable building and housing codes.
4.
Location of Inclusionary Units. Affordable units shall be reasonably dispersed throughout the residential project, or may be clustered within the residential project when this furthers affordable housing opportunities.
5.
Construction of Inclusionary Units. All affordable housing units shall be constructed concurrently or prior to construction of market rate dwelling units of the development, unless the Town determines that extenuating circumstances exist.
6.
Type of Inclusionary Unit. In a development of for-sale dwelling units, a developer or owner shall have the option to construct rental dwelling units in a number sufficient to satisfy all or a portion of the affordable housing requirement of this chapter.
7.
Continued Affordability. Inclusionary units shall remain restricted and affordable to the targeted household(s) a minimum of 55 years for rental units and a minimum of 45 years for ownership units.
C.
Application Procedures. In addition to the information required for any associated permits or approvals, an applicant proposing to include inclusionary units in a project shall provide the following information:
1.
The number of proposed inclusionary units and their target households;
2.
Proposed sales prices or rents for the inclusionary units;
3.
The proposed location(s) of the inclusionary units;
4.
The unit size(s) in square feet, and number of bedrooms of the inclusionary units;
5.
A description of any proposed differences between the inclusionary units and other project units in terms of amenities;
6.
A schedule for the completion and occupancy of inclusionary units;
7.
A description of any requested assistance from the Town;
8.
An offer to reserve the inclusionary units for target households for the period required by subsection (B)(7) of this section.
D.
Annual Monitoring and Transfer Fees.
E.
Discretionary Permit Requirements.
1.
Every discretionary permit for a residential development project subject to the provisions of this chapter shall contain a condition detailing the method of compliance with this chapter.
2.
Every final and parcel map subject to the provisions of this chapter shall bear a note indicating how compliance with the requirements of this chapter will be met prior to issuance of a building permit for each lot created by such map.
F.
Incentives. The Town may approve a floor area ratio (FAR) bonus for the single-family homes in a project if more than the minimum number of inclusionary units is provided in accordance with the provisions of Section 17.100.040(A) of this title.
G.
Alternative Equivalent Actions. It is the intent that the inclusionary units required by this chapter be located within each residential development project in order to integrate such units throughout the community. However, under exceptional circumstances, a developer may propose to meet the requirements of subsection A of this section by an alternative equivalent action, subject to the review and approval by the Town Council.
1.
An alternative equivalent action may include, but is not limited to, the following:
a.
Land donation to a nonprofit housing developer. The dedicated land must be located within Town limits, appropriately zoned, buildable, and free of toxic substances and contaminated soils. It must be large enough to accommodate the number of required inclusionary units as indicated by a conceptual development plan. The Town Council may require that the donated land has been improved with infrastructure, utilities, and grading, and that any required development impact fees have been paid;
b.
Construction of inclusionary units on another site;
c.
In-lieu housing payment, consisting of a cash contribution to the Housing Opportunity Fund. Such payments may only be considered where an off-site affordable housing project has been approved and where the fees would be sufficient to assure construction of an equivalent number of affordable units (in addition to those required for the receiver site). Unless otherwise preempted by law, the in-lieu housing payment shall be paid prior to occupancy of the first unit in the project.
2.
A request for the approval of an alternative equivalent action shall be submitted at the time of application for a discretionary approval or building permit, whichever comes first, along with a report identifying:
a.
All overriding conditions that prevent the developer from meeting the requirement to construct the inclusionary units on-site;
b.
Sufficient independent data, including appropriate financial information, that supports the developer's claim that it is not feasible to construct the required inclusionary units on-site;
c.
A detailed analysis of why the concessions and incentives identified in subsection F of this section will not mitigate the identified overriding conditions that are preventing the construction of the inclusionary units on-site; and
d.
How the alternative will further affordable housing opportunities in theTown to an equal or greater extent than compliance with the express requirements of this chapter.
3.
Requests for approval of payment of alternative equivalent action in-lieu housing fees shall be considered on a case-by-case basis by the Town Council and may be approved at the Town Council's sole discretion if the Council determines that there are overriding conditions that prevent the developer of a residential development project from meeting the requirement to construct inclusionary units on-site and that the alternative equivalent action will further affordable housing opportunities to an equal or greater extent than compliance with the express requirements of this chapter.
H.
Housing Agreements. Developers of projects that include inclusionary units shall draft and agree to enter into a housing agreement with the Town. The terms of the draft agreement shall be reviewed and revised as appropriate by the Planning Officer and Town Attorney, who shall formulate a recommendation to the decision-making body for final approval.
1.
The housing agreement shall include at least the following:
a.
The number of inclusionary units and their target households;
b.
The standards for determining the affordable rent or affordable sales price for the inclusionary units;
c.
The location, unit size in square feet, and number of bedrooms of the inclusionary units;
d.
The tenure of use restrictions for the inclusionary units;
e.
A schedule for completion and occupancy of the inclusionary units;
f.
A description of any assistance being provided by the Town;
g.
A description of remedies for breach of the agreement by either party (the Town may identify tenants or qualified purchasers as third-party beneficiaries under the agreement);
h.
For ownership units, the first right of refusal to purchase by the Town at the maximum sales price that can be charged to an eligible household.
2.
The initial and subsequent purchasers of a for-sale inclusionary unit shall execute an instrument or agreement approved by the Town restricting the sale of the inclusionary unit in accordance with this subsection during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the inclusionary unit and shall contain such provisions as the Town may require to ensure continued compliance with this subsection, including, but not limited to, the following:
a.
The inclusionary unit shall be sold to eligible households at an affordable sales price;
b.
The inclusionary unit shall be owner-occupied with the exception of extenuating circumstances or hardship;
c.
The maximum sales price permitted on resale of an affordable unit intended for owneroccupancy shall not exceed the seller's purchase price, adjusted for the percentage increase in median income since the seller's purchase, plus the value of substantial structural or permanent fixed improvements to the property;
d.
The resale restrictions shall provide that in the event of the sale of an affordable unit intended for owner-occupancy, the Town shall have the first right to purchase or assign its right to purchase such affordable unit at the maximum price that could be charged to an eligible household. The resale restrictions may provide for additional options to purchase or to assign its right to purchase upon the occurrence of certain events, as required by the Town. The owner of an inclusionary unit who wishes to sell or vacate the unit shall provide the first right of refusal to purchase the unit to the Town and thereafter sell the unit in the manner and on terms and conditions set forth in the resale restrictions, as required by the Town;
e.
Upon notification of the availability of ownership units by the developer, the Town or its designee may seek, screen, and select qualified purchasers through a process involving applications and interviews. Where necessary, the Town may hold a lottery to select purchasers. The Town or its designee may review the assets and income of prospective purchasers on a household-by-household or family-by-family basis. The Town may select purchasers in accordance with a policy adopted by resolution that gives preference to households that live and/or work in the Town;
f.
In the event that the Town provides financial assistance for the inclusionary units in a development or assistance to its purchasers, it may impose resale conditions in which there is sharing of gains in equity. If Federal or State funds are a part of the financial assistance for a development, the Federal or State requirements and provisions shall prevail and not be amended by the Town Council.
3.
In the case of rental inclusionary units, the housing agreement shall provide for the following conditions governing the inclusionary units during the use restriction period:
a.
The rules and procedures for qualifying tenants, establishing affordable rent and filling vacancies;
b.
Provisions requiring verification of tenant incomes on an annual basis and maintenance of books and records to demonstrate compliance with this chapter;
c.
Provisions requiring the submittal of an annual report to the Town which includes the name, address, and income of each person occupying the inclusionary units, and the bedroom size and monthly rent of each inclusionary unit;
d.
Provisions allowing the Town or its designee to become involved with the screening and selection of prospective tenant units. The Town may select tenants in accordance with a policy adopted by resolution that gives preference to households that live and/or work in the Town. If inclusionary units are built or sponsored by an employer with no government financial assistance, including the waiver of fees, the Town Council will consider on a case-by-case basis allowing the employer to set aside some or all the inclusionary units for the exclusive occupancy of employees of the employer meeting all the income and family composition qualifying criteria for tenancy.
4.
Following execution of the agreement by all parties, the completed housing agreement, or memorandum thereof, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of inclusionary units. The approval and recordation shall take place prior to final map approval, or where a map is not being processed, prior to issuance of building permits for such units. The housing agreement shall be binding on all future owners and successors in interest.
(Ord. 21-501 § 9)
B.
Application Requirements and Review.
1.
An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the Town and shall include at least the following information:
a.
A dimensioned site plan drawn to scale showing total number of lots and units and their areas; number and location of target units and type; number, size and location of parking spaces; number of two-story units and their height; floor area ratio calculations; site circulation; and the number and location of proposed density bonus units and type;
b.
Spreadsheet calculations describing the density bonus requested and the affordable units provided;
c.
Level of affordability of target units; calculations of affordability; and proposals for ensuring affordability;
d.
Description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. For all incentives and concessions except mixed use development, the application shall include evidence (e.g., economic analyses) that the requested incentives and concessions provide identifiable, financially sufficient, and actual cost reductions. For waivers or modifications of development standards, the application shall show and provide evidence (e.g., economic analyses) that the waiver or modification is necessary to make the housing units economically feasible and that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of State law at the densities or with the concessions or incentives permitted by this section;
2.
An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be considered by and acted upon by the Town Council. In accordance with State law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a General Plan amendment, zoning change, variance, or other discretionary approval.
3.
Before approving an application for a density bonus, incentive, concession, waiver, or modification, the approval body shall make the following findings:
a.
If the density bonus is based all or in part on donation of land, the findings shall include the findings in California Government Code 65915(g);
b.
If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care facility, the findings shall include the findings in California Government Code 65915(h);
c.
If a waiver or modification is requested, the developer has shown that the waiver or modification is necessary to make the housing units economically feasible;
d.
If concessions or incentives are requested, the findings shall include that the concessions or incentives granted result in identifiable, financially sufficient, and actual cost reductions.
4.
If a request for a concession or incentive is otherwise consistent with this section, the approval body may deny a concession or incentive if it makes a written finding, based upon substantial evidence, of either of the following:
a.
The concession or incentive is not required to provide for affordable rents or affordable ownership costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c); or
b.
The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower-and moderate-income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective and identified written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.
5.
If a request for a waiver or modification is otherwise consistent with this section, the approval body may deny a waiver or modification only if it makes a written finding, based upon substantial evidence, of either of the following:
a.
The waiver or modification would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective and identified written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete;
b.
The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
6.
If a density bonus or concession is based on the provision of child care facilities, the approval body may deny the bonus or concession if it finds, based on substantial evidence, that the Town already has adequate child care facilities.
7.
The Town retains full discretion to approve or deny the project for reasons unrelated to the density bonus, incentives, or concessions.
C.
Density Bonus Housing Agreement.
1.
Developers requesting a density bonus shall agree to enter into a density bonus housing agreement with the Town. A density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this section and shall be recorded as a restriction on any parcels on which the target units or density bonus units will be constructed.
2.
The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind on all future owners and successors in interest.
3.
The density bonus housing agreement shall include, but not be limited to, the following:
a.
The total number of units approved for the housing development, the number, location, and level of affordability of target units, and the number of density bonus units;
b.
Standards for determining affordable rent or affordable ownership cost for the target units;
c.
The location, unit size in square feet, and number of bedrooms of target units;
d.
Provisions to ensure affordability;
e.
A schedule for completion and occupancy of target units in relation to construction of nonrestricted units;
f.
A description of any incentives, concessions, waivers, or reductions being provided by the Town;
g.
A description of remedies for breach of the agreement by either party. The Town may identify tenants or qualified purchasers as third party beneficiaries under the agreement;
h.
Procedures for qualifying tenants and prospective purchasers of target units;
i.
Other provisions to ensure implementation and compliance with this section.
4.
In the case of for-sale housing developments, the density bonus housing agreement shall include the following conditions governing the sale and use of target units during the applicable use restriction period:
a.
Target units shall be owner-occupied by eligible very low-, low-, or moderate-income households, or by qualified residents in the case of senior citizen housing developments;
b.
The purchaser of each target unit shall execute an instrument approved by the Town and to be recorded against the parcel, including such provisions as the Town may require to ensure continued compliance with this section.
5.
In the case of rental housing developments, the density bonus housing agreement shall provide for the following:
6.
Density bonus housing agreements for child care facilities and land donation shall ensure continued compliance with all conditions included in their respective subsections.
(Ord. 21-501 § 9)
A.
Purpose. The purpose of this section is to encourage the provision of housing affordable to lower-income households by allowing substantial increases in density.
(Ord. 21-501 § 9)
A.
Nonresidential development projects shall be required to pay a "fair-share" fee to assume responsibility for a share of the workforce housing needs generated by such development. The amount of the fair-share fee shall be established by resolution of the Town Council.
B.
Notwithstanding the foregoing, the requirement for the payment of fair-share fees for nonresidential development projects shall not apply to projects that fall within one or more of the following categories:
1.
That portion of any nonresidential development project located on property owned by the State of California, the United States of America, or any of their agencies, with the exception of such property not used exclusively for governmental or educational purposes; or
2.
Any nonresidential development project to the extent it has received a vested right to proceed pursuant to State law; or
3.
Uses operated by nonprofit organizations that provide food storage, meal service and/or temporary shelter to the homeless.
C.
As an alternative to the payment of the fair-share fee set forth in subsection A above, an applicant for a nonresidential development project subject to the requirements of this section may submit a request for compliance through the construction of residential units or the dedication of land or other resources. Such requests shall be considered on a case-by-case basis by the Town Council and shall be approved at the Town Council's sole discretion if the Town Council determines that such alternative compliance will further affordable housing opportunities in the Town to an equal or greater extent than payment of the housing fair-share fee.
D.
No temporary or permanent certificate of occupancy for a nonresidential development project subject to these requirements shall be issued until the permittee has paid the fair-share fee prescribed in subsection A or otherwise satisfactorily complied with the requirements of this section. Release of utilities shall not be authorized for any nonresidential development project until notification is received from the Planning Officer that all requirements of this section have been met.
E.
All fair-share fees collected under this section shall be deposited into the Town's Housing Opportunity Fund.
(Ord. 21-501 § 9)
Where new construction would remove existing affordable housing units from the housing stock, these units shall either be:
A.
Reconstructed on-site;
B.
Relocated to another site; or
C.
Replaced with affordable units on-or off-site, provided that the required number of new affordable units is provided in addition to those existing.
(Ord. 21-501 § 9)