A.
This
chapter provides requirements and incentives for the development of
affordable housing units in conjunction with other residential and
mixed use projects and commercial projects in partnership with affordable
housing providers as provided under state law. These provisions are
intended to implement General Plan policies encouraging the production
of affordable housing for all economic groups, and housing for disabled
and older residents, transitional foster youth, and disabled veterans,
and homeless persons as defined in Government Code Section 65915,
all of which is integrated, compatible with and complements adjacent
uses, and is located near public and commercial services.
B.
The
incentives offered in this chapter are used by the city as one means
of meeting its commitment to encourage housing affordable to all economic
groups, and to meet its regional fair share requirements for the construction
and rehabilitation of housing affordable to very low, low, moderate,
and above moderate income persons.
C.
This
chapter shall be interpreted in a manner supplementary to and consistent
with California Government Code Chapter 4.3 (State Density Bonus Law).
(Ord. 01-594 § 2, 2001; Ord. 07-763 § 7, 2007; Ord. 18-1044 § 8, 2018)
A.
This
chapter shall apply to the following:
1.
The
construction of all residential units;
2.
Common
interest developments created through the conversion of existing residential
units that were not subject to the city's affordable housing requirement
at the time of construction; and
3.
A
residential or mixed commercial/residential development including
a child care facility that will be located on the premises of, as
part of, or adjacent to, such a housing development, under California
Government Code Section 65915.
B.
Exemptions. The provisions of this chapter shall not be
applicable to the following:
1.
A
new single-family dwelling or the replacement of one single-family
dwelling with another single-family dwelling;
2.
Accessory
dwelling units and junior accessory dwelling units; and
3.
Commercial
development projects, except as may be applicable to obtain development
bonuses under California Government Code Section 65915.7, where the
developer of a commercial project has entered into an agreement for
partnered housing with an affordable housing developer and provides
affordable housing through a joint project or through two separate
projects encompassing affordable housing.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 19, 2003; Ord. 07-763 § 7, 2007; Ord. 18-1044 § 8, 2018)
A.
The application for a density bonus and/or concessions shall be processed concurrently with the underlying land use permit and entitlement application and in accordance with the procedures set forth in Section 19.40.040. In addition to any other applicable application requirements, the application shall be made on a form supplied by the Planning and Development Services Department and shall include:
1.
A
density bonus proposal that includes a description of the unit counts
that make the project eligible for the requested density bonus, including
any known income information for any tenants necessary to apply the
requirements of Section 19.22.050.B below;
2.
A
proposal for the specific concessions the applicant requests. For
"other regulatory concessions" under Section 19.22.050.E.2.f other
than an additional story, the applicant shall provide an explanation
of the regulatory concession and how it results in identifiable and
actual cost reductions for the project to offset the affordable housing
costs, or for rents for the targeted units as specified in Government
Code Section 65915. The intent of this requirement is to provide reasonable
documentation to establish eligibility for the concession or to demonstrate
the concession meets the definition set forth in Section 65915. The
explanation may be, but is not required to be, in narrative form;
3.
A
proposal for any requested waiver or reduction of the development
standard if compliance with a development standard would physically
preclude construction of the project as proposed. The proposal shall
include an explanation of how the development standard would physically
preclude construction of the project as proposed; and
4.
A
proposal for any requested reduction in parking ratios under Section
19.22.050.F and an explanation for how the project is eligible for
the requested reduction.
B.
Review Authority. A request for density bonus or concession shall be reviewed concurrently with and by the same review authority as the underlying application for land use permits and entitlements as set forth in Section 19.40.020.
C.
Application for Density Bonus Housing Agreement. Once the
land use permits, entitlements and any density bonus have been approved
as described above, the applicant shall file an application, including
the payment of any processing fees with the Housing Division for approval
and finalization of the Agreement Imposing Restrictions on Real Property
(Density Bonus Housing Agreement).
(Ord. 18-1044 § 8, 2018)
A.
Requirement. Projects subject to this chapter shall permanently set aside the following number of units as affordable to and reserved for very low-, low- and moderate-income households as determined by eligibility requirements and a rental and sales price schedule established annually by Council resolution. Unless otherwise noted, inclusionary units provided shall be of comparable size and finish quality to the non-inclusionary units. Units types shall be determined as outlined in subsection F. Projects subject to a unit replacement requirement under state law are still required to meet the local inclusionary requirement as detailed below by providing additional affordable units to satisfy this requirement:
1.
Projects
of 10 or Fewer Units. One unit.
2.
Projects of 11 to 20 Units. 20 percent of the base unit count (alternating as set forth in subsection F below). All affordable units shall be of comparable size and finish quality to the non-inclusionary units, or provided as units that are a minimum of one bedroom and minimum interior area of 650 square feet with finishes and appliances of "builder's quality" or better.
3.
Projects of 21 to 40 Units. 20 percent of the base unit count (alternating as set forth in subsection F below). All affordable units shall be of comparable size and finish quality to the non-inclusionary units, or 30 percent of the unit count of all non-inclusionary units provided with units that are a minimum of one bedroom and minimum interior area of 650 square feet with finishes and appliances of "builder's quality" or better.
4.
Projects of 41 Units or More. 20 percent of the base unit count (alternating as set forth in subsection F below). All affordable units shall be of comparable size and finish quality to the non-inclusionary units, or if it would result in additional inclusionary units and units that better serve the affordable housing needs of the city, project shall provide 20 percent of the gross residential floor area of all non-inclusionary units as affordable housing units. If the floor area calculation is used, units provided shall be comparable in size to non-inclusionary units, or provided as a minimum of one bedroom and a minimum interior area of 650 square feet with finishes and appliances of "builder's quality" or better.
5.
For
mixed-use projects in the mixed-use overlay zone, applicants are permitted
to choose their residential base unit count, provided it complies
with the applicable FAR limitations and any size limitations for habitable
units in the Building Code (and all other applicable standards that
could limit the size or number of units).
B.
Common Interest Development Conversions. If the existing
residential units to be converted to a common interest development
include rental inclusionary housing units, the inclusionary units
shall be sold as ownership affordable units, or upon approval from
the city can be retained as affordable rental units.
1.
If
the city authorizes the affordable rental units to be retained, the
owners shall record a covenant guaranteeing the affordability of the
rental units and waiving certain rights granted by state law (Government
Code Section 7060 et seq.) for the life of the project.
2.
If the units are to be sold to targeted income groups, the owners shall record a covenant restricting future sales prices to levels affordable to the targeted income group and subject to the requirements in Section 19.22.090.
a.
Before approval of a final map, the applicant shall post tenant relocation
fees for each inclusionary unit in an escrow account approved by the
Planning and Development Services Director and the Finance Director.
The amount deposited for each inclusionary unit shall be the maximum
amount of tenant relocation fees allowed under the Rent Stabilization
Ordinance. Tenant relocation fees shall be paid in compliance with
the Rent Stabilization Ordinance.
b.
Any difference between the amount of fees deposited by the applicant
and the amount payable to the displaced tenant shall be refunded to
the applicant. Any costs associated with the escrow accounts shall
be paid by the applicant.
C.
Unit Size, Type, and Location.
1.
Unless
otherwise permitted by other sections of the Zoning Ordinance, inclusionary
units shall be reasonably dispersed throughout the project, shall
contain on average the same number of bedrooms as the non-inclusionary
units in the project, and shall be comparable with the non-inclusionary
units in terms of appearance, finished quality, and materials as approved
by the review authority.
2.
The
Planning Commission, or City Manager as a minor modification of an
approved development agreement, may modify the requirements as to
unit size or type if it finds that a modification would better serve
the affordable housing needs of the city.
3.
While
the intent is for inclusionary units to be dispersed throughout the
project as much as possible, inclusionary units may be clustered within
a building if the review authority, or City Manager as a minor modification
of an approved development agreement, determines that such clustering
results in the creation of more affordable units than would otherwise
be provided, or provides a documented public benefit, or due to circumstances
unique to the project size, location or design otherwise better serves
the affordable housing needs of the city.
4.
The
Planning Commission, may modify the requirement that inclusionary
units be reasonably dispersed throughout a project and approve placement
of the units in a separate structure on the site if doing so would
better serve affordable housing needs and if all of the following
conditions are satisfied:
a.
The project contains a minimum of 30 inclusionary units and inclusionary
units constitute at least 25 percent of the number of units in the
market-rate portion of the project.
b.
The inclusionary units are of comparable quality and materials of
the market-rate units unless it can be demonstrated that this is infeasible.
c.
The inclusionary units will be available for rental and will be actively
marketed for rental at the same time as the market-rate units are
available for occupancy, and rented within a time frame determined
by the affordable housing agreement.
d.
The inclusionary units will be managed by an experienced non-profit
housing provider that is familiar with the West Hollywood area, population
and needs.
e.
Prior to issuance of any building permit for the project as a whole,
the developer will provide a signed operating agreement with the non-profit
housing provider acceptable to the City Council.
f.
Prior to issuance of any building permit for the project as a whole,
the developer will enter into and record an affordable housing agreement
with the City of West Hollywood further describing conditions and
covenants affecting the building including, but not limited to, income
and rent restrictions, reporting requirements, capital reserve requirements,
and programming.
g.
The inclusionary units shall not be liable for any homeowners, condominium,
or other fees or dues, and shall not be otherwise responsible for
the debts or maintenance of the market rate portion of the project.
h.
Covenants, conditions and restrictions of the market rate portion
of the project shall contain provisions that ensure access to facilities
as described in the affordable housing agreement, including, but not
limited to, parking, access, and amenities that will be shared; representation,
if any on the Condominium Board, and requirements for mediation of
disputes.
i.
The project will be owned by the developer or an affiliate of the
developer for a period of time as designated in the affordable housing
agreement, but in no event less than five years from issuance of a
certificate of occupancy. The agreement will provide for a waiver
of developer's and its successor's rights under Government Code Section
7060 et seq., to remove the inclusionary units from the rental market.
If, after the period of ownership prescribed in the agreement the
developer wishes to relinquish ownership, it may be sold subject to
city approval under terms that will enable the non-profit operator
to operate the project under the requirements of this section and
the affordable housing agreement.
j.
An on-site resident manager will be in place to serve the tenants
occupying the inclusionary units.
k.
The inclusionary units will receive the same quality of maintenance and capital improvements (excluding unit-specific upgrades) as the market-rate units. In addition, at a minimum, maintenance will be performed in accordance with Chapter 17.56 of this Code.
l.
The inclusionary units will be covered with comparable insurance
protection as provided to the market-rate development and common areas.
m.
The developer will provide special services to the inclusionary unit
tenants based on tenants' needs. These services shall be provided
by a qualified non-profit provider. These services shall include a
resident service coordinator and case management services. A full
description of the services to be provided shall be included in the
operating agreement.
n.
The provision of affordable housing under this section will qualify
the developer for bonus densities as provided in this Code and state
law.
D.
Builders Quality. "Builders quality" appliances and materials
shall mean those of durable, good and lasting quality, consistent
with any applicable City Code requirements, and to the satisfaction
of the Planning and Development Services Director.
E.
Inclusionary
units shall have the same number and type of appliances as non-inclusionary
units. The exterior of inclusionary units shall be of the same appearance,
finished quality and materials as the non-inclusionary units and shall
be indistinguishable from the non-inclusionary units.
F.
When
only one affordable dwelling unit is constructed, it may be allocated
for a very low, low or moderate income household. When two or more
affordable units are constructed, the units shall be allocated alternately
with the first unit allocated for a low or very low income household
and the second allocated for a moderate income household, alternating
between low or very low, and moderate income until all units are assigned
a level of affordability.
G.
Notwithstanding the affordable units required by this Section 19.22.030, the following provisions also apply. A housing development project shall not be approved if it requires demolition of one or more residential dwelling units unless the project will create at least as many units as will be demolished. A housing development project shall not be approved that will require the demolition of occupied or vacant protected units unless the project complies with the applicable replacement provisions of California Government Section 66300(d). The terms used herein are as defined in the state law, if not otherwise defined in the Zoning Ordinance.
1.
If
any dwelling units are subject to Title 17 of this Code and are occupied
on the date of application by persons and families of an above lower
income category, the project shall provide at least the same number
of units of equivalent size to be made available at affordable rent
or affordable housing cost to, and occupied by, persons and families
in a lower income category up to 35 percent of the total units in
the proposed project. Such units shall be provided in the same proportion
of lower-income renter households as required by state law. All remaining
units subject to replacement shall be subject to Title 17 of this
Code.
2.
The affordable replacement units shall be subject to a recorded affordability restriction and Section 19.22.090.
4.
All
replacement calculations resulting in fractional units shall be rounded
up to the next whole number as provided in state law and as set out
in Section 19.03.020.C.
H.
In
the event of any inconsistency between any applicable state law replacement
requirements and this chapter, Government Code Section 66300(d)(3)
controls.
(Ord. 01-594 § 2, 2001; Ord. 03-649 §§ 3, 4, 2003; Ord. 05-719 § 5, 2006; Ord. 07-763 § 7, 2007; Ord. 07-774 § 5, 2007; Ord. 08-801 § 5, 2008; Ord. 14-934 § 4, 2014; Ord. 18-1044 § 8, 2018; Ord. 19-1058 §§ 36 –
38, 2019; Ord. 21-1137 § 6,
2021; Ord. 23-23 §§ 4,
5, 2023)
A.
In-lieu Fee. Developers of residential projects with 10
or fewer units may choose to pay a fee, in-lieu of providing the required
affordable unit on site.
B.
Amount of Fee. The amount of the in-lieu fee shall be calculated
in compliance with the Council's Fee Schedule.
C.
Timing of Payment. The fee required by this section shall
be paid before issuance of a building permit for the approved project.
D.
Basis for Fee. Fees paid to fulfill the requirements of
this section shall be computed based on the number and size of the
units to be constructed. Unit size shall be gross livable floor area,
including private balconies, decks and patios.
E.
Affordable Housing Trust Fund. Fees paid to fulfill the
requirements of this chapter shall be placed in the city's Affordable
Housing Trust Fund. The funds shall be used exclusively for projects
which have a minimum of 60 percent of the dwelling units affordable
to low- and moderate-income households, with at least 20 percent of
the units available to low income households. Only tax exempt nonprofit
corporations seeking to create or preserve the housing in the city
shall be eligible to apply to the Council for funding. The funds may,
at the discretion of the Council, be used for predevelopment costs,
land or air rights acquisition, administrative costs, gap financing,
or to lower the interest rate of construction loans or permanent financing.
In a project that includes market-rate units, trust fund monies shall
only be provided to assist in the acquisition and construction of
those units affordable to lower- and moderate-income households.
(Ord. 01-594 § 2, 2001; Ord. 05-719 § 6, 2006; Ord. 07-763 § 7, 2007; Ord. 18-1044 § 8, 2018)
This section provides density bonuses for specified housing projects and commercial projects that are affiliated with on-site or off-site affordable housing projects as set forth in Section 19.22.020.B.3. The provided affordable units qualifying a project for a bonus shall be affordable to and reserved for households at the income levels qualifying the project for the bonus for the length of time established by City Council resolution and in compliance with state law. For standards and bonuses for congregate care and senior housing projects, see Section 19.36.110 (Congregate Care and Senior Residential Projects).
A.
Basis for Bonus. In order to encourage the construction
of housing affordable to very low, low, and moderate income persons,
transitional foster youth, disabled veterans, and homeless persons,
and the replacement of residential rental units lost through new construction,
density bonuses shall be allowed in compliance with this section.
B.
Limitation on Use of Bonus. A density bonus shall not be:
1.
Used
in conjunction with a project paying a fee in-lieu of providing inclusionary
units;
2.
Used with, or added to another density bonus provided for in the West Hollywood Municipal Code in the residential zoning district. This does not preclude a project that provides affordable housing from requesting any other incentives or concessions provided by Chapter 19.22;
3.
Used
to increase any commercial floor area of a mixed-use project; the
affordable housing density bonus shall only be applied to the residential
floor area of the project, unless the project applies for a commercial
density bonus under Government Code Section 65915.7 and referenced
above in Section 19.22.020.B.3.
4.
Used
in conjunction with a project unless it complies with applicable replacement
requirements in Government Code Section 65915(c)(3) and Section 19.22.030.G
above.
a.
"Replace" shall mean the following:
i.
If any dwelling units described in subsection B.4 above are occupied
on the date of application, the project shall provide at least the
same number of units of equivalent size to be made available at affordable
rent or affordable housing cost to, and occupied by, persons and families
in the same or lower income category as those households in occupancy.
ii.
For unoccupied dwelling units described in subsection B.4 above in
a development with occupied units, the project shall provide at least
the same number of units of equivalent size to be made available at
affordable rent or affordable housing cost to, and occupied by, persons
and families in the same or lower income category as the last household
in occupancy.
iii.
If any dwelling units described in subsection B.4 above have
been vacated or demolished within the 10-year period preceding the
application, the proposed project shall provide at least the same
number of units of equivalent size as existed at the highpoint of
those units in the 10-year period preceding the application to be
made available at affordable rent or affordable housing cost to, and
occupied by, persons and families in the same or lower income category
as those persons and families in occupancy at that time, if known.
iv.
If the income category of the last household in occupancy, or of
the persons or families in occupancy at the highpoint, is not known,
it shall be rebuttably presumed that lower income renter households
occupied these units in the same proportion of lower income renter
households to all renter households within the jurisdiction, as determined
by the most recently available data from the United States Department
of Housing and Urban Development's Comprehensive Housing Affordability
Strategy database. Rebuttably presumed means that it is presumed to
be true unless evidence is presented to prove otherwise, as determined
by the Director of Human Services and Rent Stabilization.
b.
Except as provided in subsection B.4.a.iv above, the replacement
units shall be made available at affordable rent or affordable housing
cost to, and occupied by, persons or families in the same or lower
income category as the occupancy that determines the replacement requirement
herein.
c.
The affordable replacement units shall be subject to a recorded affordability restriction and Section 19.22.090.
e.
All replacement calculations resulting in fractional units shall
be rounded up to the next whole number.
f.
"Equivalent size" means that the replacement units contain at least
the same total number of bedrooms as the units being replaced.
C.
Permanently Dedicated Affordable Housing Density Bonus in R3 and
R4 Zones.
1.
A
density bonus equal to the percentage of units permanently dedicated
to very low-, low-, and moderate-income persons may be permitted in
the R3 and R4 zones if:
2.
100
Percent Affordable Housing Projects. For projects where 100 percent
of all residential units, including total units and density bonus
units, except manager's unit or units, are 100 percent affordable,
where up to 20 percent of the units in the development may be for
moderate-income households and the remainder of units are for very
low- and low-income households, the following rents, bonuses, incentives,
and parking requirements apply:
a.
Density Bonus. There shall be no maximum number of units required.
b.
Rents.
i.
The rent for up to 20 percent of the units in the development shall
be set at moderate-income rent, as defined in Section 50053 of the
Health and Safety Code.
ii.
The rent for the remaining units in the development shall be low
or very low-income units, set at an amount consistent with the maximum
rent levels for a housing development that receives an allocation
of state or federal low-income housing tax credits from the California
Tax Credit Allocation Committee.
c.
Concessions. Up to four concessions (see subsection E below) shall be permitted. Additionally, the project may also request a height increase of up to three additional stories, or 33 feet.
d.
Parking. Parking shall not be required.
e.
A deed restriction shall be placed on the property to restrict the
units as affordable for a minimum of 55 years.
D.
Density Bonus. As provided by state law and unless restricted by subsection B or as authorized by subsection C, projects may apply for housing density bonuses up to a maximum of 50 percent. Density bonuses shall be subject to the following:
1.
Density
Bonuses Permitted. The amount of density bonus granted shall be based
on the following table:
|
Unit Type
|
Minimum % of Units
|
Density Bonus Granted
|
Additional Bonus for each 1% Increase in Units
|
|---|---|---|---|
|
Very Low-Income
|
5%
|
20%
|
2.5% bonus through 11% of units
3.75% from 11%—15% of units
|
|
Low-Income
|
10%
|
20%
|
1.5% bonus through 20% of units
3.75% from 20%—24% of units
|
|
Moderate-Income
|
10%
|
5%
|
1% bonus through 40% of units
3.75% from 41%—44%
|
|
Units for transitional foster youth, disabled veterans, or homeless
persons, as those terms are defined in Government Code Section 65915,
provided at the same affordability level as very low-income units
for 55 years
|
10%
|
20% (of the same type of unit giving rise to the density bonus)
|
N/A
|
2.
A
density bonus for a land donation for a childcare center or construction
of a childcare center shall be provided as set forth in Government
Code Section 65915.
3.
Density
Bonus Calculations.
a.
For the purposes of calculating the permitted housing bonus in residential
zones, "density" shall refer to the maximum allowable residential
density per square foot of site area permitted in the zone in which
the project is located. The density bonus may result in more market
rate units than would otherwise be permitted by the zone. When the
affordable housing density bonus is utilized on a project in a residential
zoning district, no other bonus for additional density provided for
in the West Hollywood Municipal Code (e.g., green building, senior
housing, etc.) shall be applied to that project. The base number of
units used to calculate the bonus does not include units added by
a density bonus awarded pursuant to this section.
b.
For the purposes of calculating the permitted housing bonus in commercial
zones, "density" shall refer to the maximum floor area ratio ("FAR")
permitted in the zone in which the project is located, inclusive of
applicable mixed-use bonuses. Because these projects are in the commercial
zone, the FAR is not translated into a unit count for purposes of
calculating the density bonus. In the commercial zones, the affordable
housing density bonus authorized under this section shall only be
used to increase the residential floor area of the project (unless
otherwise authorized by Government Code 65915.7 as set forth in Section
19.20.020.B.3), but may be used in addition to any other applicable
bonus available under the West Hollywood Municipal Code. In such event,
the base FAR may be combined with any available mixed-use bonus to
determine the density from which the affordable bonus will be calculated.
Any other applicable bonus (e.g., senior housing, etc.) shall be added
after the affordable housing density bonus calculation.
c.
Any density calculation, including base density and bonus density,
that results in a fractional number shall be separately rounded up
to the next whole number.
4.
All
affordable units shall be constructed on site.
E.
Concessions. In compliance with state law, projects that
request a density bonus to provide on-site affordable housing (and
commercial projects that partner with affordable housing developers
and provide at least 30 percent of the total units for low-income
households or at least 15 percent of the total units for very low-income
households authorized by Government Code 65915.7 as set forth in Section
19.20.020.B.3) are eligible for concessions as follows. The number
of available concessions may be combined from different categories
below for a maximum of three concessions per project, or four concessions
for 100 percent affordable projects.
1.
Number
of Concessions.
|
Percentage of Affordable Units
|
Number of Concessions Permitted
|
|---|---|
|
5% Very Low, 10% Low, or 10% Moderate
|
1
|
|
10% Very Low, 17% Low, or 17% Moderate
|
2
|
|
15% Very Low, 24% Low, or 24% Moderate
|
3
|
|
100% Very Low or Low, with up to 20% Moderate
|
4
|
2.
Available
Residential Concessions. The following concessions may be requested:
a.
10 percent reduction in the minimum rear yard setback; or
b.
10 percent reduction in the minimum front yard setback; or
c.
10 percent reduction in the minimum side yard setback on one side;
or
d.
10 percent reduction in total common open space required; or
e.
10 percent reduction in private open space for up to 50 percent of
the units.
f.
An additional story, not to exceed 10 feet of the total project height,
or other regulatory concessions that result in identifiable and actual
cost reductions to provide for affordable housing costs, or for rents
for the affordable units as specified in Government Code Section 65915.
3.
Concessions
may be denied by the review authority if one of the following findings
can be made, based on substantial evidence:
a.
The concession or incentive does not result in identifiable and actual
cost reductions to provide for affordable housing costs, or for rents
for the targeted units to be set as specified in Section 65915 of
the California Government Code;
b.
The concession would have a specific adverse impact, as defined in
Section 65915 of the California Government Code, upon public health
and safety or on any real property that is listed in the California
Register of Historical Resources and for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact
without rendering the development unaffordable to low- and moderate-income
households; or
c.
The concession would be contrary to state or federal law.
4.
Review
Authority.
F.
Parking Incentives. Density bonus housing development and
projects that meet the requirements below shall be granted the following
parking space requirements when requested by the developer, inclusive
of handicapped and guest parking, which shall be granted to all units
in the development. Guest parking shall not be required for projects
utilizing the affordable housing density bonus provided in this section.
|
Number of Bedrooms
|
Required Parking Spaces per Unit***
|
|---|---|
|
0 to 1 bedroom
|
1
|
|
2 to 3 bedrooms
|
1.5
|
|
4 or more bedrooms
|
2.5
|
|
Projects with at least 20% low-income units, or at least 11%
very low-income units***
|
0.5
|
|
100% affordable housing projects (see § 19.22.050.C)****
|
No requirement
|
|
Notes:
| |
|---|---|
|
*
|
If the total number of spaces required results in a fractional
number, it shall be rounded up to the next whole number. A development
project may provide on-site parking through a tandem and/or uncovered
parking configuration.
|
|
**
|
If a residential or mixed residential/commercial development
project includes the required (no-in-lieu payment) percentage of low-,
very low-income, or includes a minimum 10 percent transitional foster
youth, veteran, or homeless persons units, or provides for-rent housing
for individuals who are 62 years of age or older, or is a special
needs housing development and is located within one-half mile of a
major transit stop where there is unobstructed access to a major transit
stop from the development, then, upon the request of the developer,
a parking ratio not to exceed 0.5 spaces per bedroom shall apply to
the residential portion of the development.
|
|
***
|
Must be located within one-half mile of a major transit stop,
with unobstructed access to the major transit stop from the development.
|
|
****
|
Must be located within one-half mile of a major transit stop,
with unobstructed access to the major transit spot from the development
OR for individuals 62 years of age or older and has either paratransit
service or unobstructed access within one-half mile, to fixed bus
route service that operates at least eight times per day.
|
G.
Available Commercial Concessions. In addition to the other
bonus and residential concessions provided in this chapter, commercial
development projects that partner with affordable housing developers
and provide at least 30 percent of the total units for low-income
households or at least 15 percent of the total units for very low
income households in accordance with Government Code Section 65915.7
as set forth in Section 19.22.020.B.3 are eligible for the following
that is mutually agreed upon by the applicant and review authority:
1.
Up
to a 20 percent increase in maximum allowable intensity in the General
Plan.
2.
Up
to a 20 percent increase in maximum allowable floor area ratio.
3.
Up
to a 20 percent increase in maximum height requirements.
4.
Up
to a 20 percent reduction in minimum parking requirements.
5.
Use
of a limited-use/application elevator for upper floor accessibility.
6.
An
exception to a zoning ordinance or other land use regulation.
(Ord. 01-594 § 2, 2001; Ord. 02-643 §§ 20, 21,
2003; Ord. 03-649 § 5,
2003; Ord. 07-763 § 7,
2007; Ord. 10-861 § 3,
2010; Ord. 18-1020 §§ 7—9,
2018; Ord. 18-1044 § 8,
2018; Ord. 21-1137 §§ 7—10,
2021; Ord. 23-23 § 6,
2023)
Developers of residential projects containing 11 units or more may apply for an exception to Section 19.22.030 to provide required inclusionary housing off-site, at one or more approved sites. Application materials for the off-site project shall be filed concurrently with application materials for the main project. The Planning Commission may grant an exception allowing off-site inclusionary units only after first finding that:
A.
The
number of units to be provided off-site would be greater than the
number required on-site;
B.
All
off-site inclusionary units will contain on average the same number
of bedrooms as the non-inclusionary units in the project, and be comparable
with the non-inclusionary units in terms of appearance, finished quality,
materials, and location within the building; the Planning Commission
may modify the requirements as to unit size or type if it finds that
a modification would better serve the affordable housing needs of
the City;
C.
All
inclusionary off-site units would be constructed before or concurrently
with the main project and final approval of the project shall be contingent
upon completion and final approval of the inclusionary units;
D.
Off-site
inclusionary units shall be allowed only in those areas which are
designated in the General Plan for medium to high density residential
development (e.g., R3 and R4 zoning districts);
E.
Off-site
inclusionary units shall only be constructed and managed in conjunction
with a nonprofit housing development corporation; and
F.
Approval
of the off-site inclusionary units shall not result in an over concentration
of low income housing in any specific neighborhood within the city.
(Ord. 01-594 § 2, 2001; Ord. 07-763 § 7, 2007; Ord. 18-1044 § 8, 2018; Ord. 19-1058 § 39, 2019)
A.
Resolution of Approval. The resolution approving a development
permit for any project which provides inclusionary units shall specify
the following items:
1.
The
density bonus being provided;
2.
Whether
an in-lieu fee is required;
3.
The
number and square footage of inclusionary units to be provided;
4.
The
number and square footage of units at each applicable sales price
or rent level, and the number of parking spaces provided to each unit;
and
5.
A
list of any other concessions, reductions or waivers approved by the
city.
B.
Fee. If an in-lieu fee is required, the fee shall be determined in accordance with Section 19.22.040.
C.
Agreements. All projects that provide inclusionary units
and/or use a density bonus, concession or waiver under this chapter
shall execute and record the city's Agreement Imposing Restrictions
on Real Property before any building permit will be issued for the
project. The agreement shall explain the affordability restrictions
and requirements in clear and precise terms.
D.
Construction Schedule. All inclusionary affordable units
in a market-rate development shall be constructed concurrently with
or before the construction of the non-inclusionary units.
E.
Phasing. In the event a phased project is approved by the
city, required affordable units shall be provided proportionally within
each phase.
F.
Occupants. New inclusionary affordable units shall be occupied
in the following manner:
1.
If
residential rental units are being demolished and the existing tenants
earn very low, low, or moderate incomes and meet all qualifying requirements,
the tenants shall be given the right of first offer to occupy the
new affordable units;
2.
If
there are no qualified tenants, or if the qualified tenants choose
not to exercise the right of first offer, or if no demolition of residential
rental units occurs, then qualified tenants shall be selected from
the city's Inclusionary Housing Waiting List; or
3.
If
the new inclusionary unit is a sales unit and the existing tenants
decline the unit or are not qualified applicants, the city shall conduct
a lottery to select qualified prospective buyers.
(Ord. 01-594 § 2, 2001; Ord. 07-747 § 3, 2007; Ord. 07-763 § 7, 2007; Ord. 14-934 § 5, 2014; Ord. 18-1044 § 8, 2018; Ord. 19-1057 § 6, 2019)
Any affordable unit provided to fulfill a requirement of this
chapter shall be permanently reserved for and occupied by qualified
households meeting the affordable income requirement specified for
the unit in the Resolution of Approval, Agreement Imposing Restrictions
on Real Property, and all other eligibility requirements. Eligibility
requirements and a rental and sales price schedule for very low, low,
and moderate income households shall be established annually by Council
resolution. Newly constructed inclusionary units shall first be offered
to eligible households displaced by the demolition necessary to construct
the project.
A.
Rental of Units.
1.
If
units are offered for rent, the project owner or developer shall rent
the units directly to the required number of very low, low and moderate
income households at the rental rate established by Council resolution.
2.
The rental rate shall include charges for the unit, parking, pets, water and trash, and all building amenities, unless otherwise specified in the resolution of approval required by Section 19.22.080(A).
3.
A
security deposit equal to the greater of one month's rent or $500.00
can be required.
4.
A
pet deposit may be in addition to, but cannot exceed, 25 percent of
the security deposit.
B.
Limitations on Purchasers and Sales Prices.
1.
The
sale and resale of affordable units constructed for purposes of using
a state density bonus under Section 19.22.050.D shall be in accordance
with California Government Code Section 65915(c)(2).
2.
All
purchasers of inclusionary units shall meet the city's income guidelines
for the income range targeted for that unit. Proof of income eligibility
shall be submitted to the Planning and Development Services Director.
Resale of units shall require that the Planning and Development Services
Director first verify the purchaser as low or moderate income. This
requirement shall be included in the recorded covenant.
3.
Newly
constructed inclusionary units shall first be offered to eligible
very low, low and moderate income households displaced by the demolition
necessary to construct the project.
4.
Secondly,
the offer shall be made to other very low, low, or moderate displaced
households in the city.
5.
The
remaining units, and all other newly constructed units and any inclusionary
units in a building undergoing conversion to common interest development,
shall be offered to very low, low, and moderate income households.
6.
Lower
income inclusionary units shall be sold at a price that is no more
than two and one-half times 65 percent of the median income of the
city, and adjusted by the "bedroom factor." Qualifying income levels
shall be established annually by the Council.
7.
Moderate
income inclusionary units shall be sold at a price that is no more
than two and one-half times the median income of the city, and adjusted
by the "bedroom factor." Qualifying income levels shall be established
annually by the Council.
8.
The
sales price of the inclusionary unit is dependent on the unit size
and is therefore adjusted by the "bedroom factor" established annually
by the Council.
9.
Expected
homeowners' association fees shall be included in the calculation
of total unit costs.
C.
Right of First Refusal. After offering the units to eligible
households displaced by demolition, the developer of a project shall
be required to give right of first refusal to purchase any or all
inclusionary units to the city, or a city-designated agency or organization,
for at least 60 days from the date of construction completion.
D.
Lottery. If the city chooses not to exercise its right of
first refusal, it shall conduct a lottery to establish a list of eligible
purchasers within that same time period. If the list is not provided,
the developer may select the low- or moderate-income purchasers as
long as the city verifies income eligibility and the units are sold
at a price no more than two and one-half times the median income for
the city.
E.
Resale of Units. Upon resale, the affordable units shall
remain affordable to the targeted income group. The resale price shall
be set as follows:
1.
The
price resulting from the total costs, including homeowners association
fees, shall be:
a.
Moderate income units: a total cost of no more than two and one-half
times the median income for the city, for moderate income households.
b.
Lower income units: a total cost of no more than two and one-half
times 65 percent of the median income for the city for low income
households.
c.
The sales price of the inclusionary unit is dependent on the unit
size and is therefore adjusted by the "bedroom factor."
d.
Expected homeowners' association fees shall be included in the calculation
of total unit costs.
2.
If,
during the tenure of the most recent occupant, the homeowners' association
fees have risen at a rate faster than the median income for the city,
the resale price shall be the higher of:
3.
Resale of units shall be subject to an agreement in compliance with Section 19.22.080(C) (Agreements).
F.
Sales Price Schedule. Sales prices are adjusted annually
based on the median income of the city and are subject to City Council
approval.
(Ord. 01-594 § 2, 2001; Ord. 07-763 § 7, 2007; Ord. 14-934 § 6, 2014; Ord. 18-1044 § 8, 2018; Ord. 19-1058 § 40, 2019)
