The purpose and intent of this chapter is as follows:
A.
It
is an objective of the city, as established by the housing element
of the city's general plan, to ensure that all residential development,
including all master planned and specific planned communities and
all residential subdivisions provide a range of housing opportunities
for all identifiable economic segments of the population, including
households of lower and moderate income. It is also the policy of
the city to:
1.
Require that a minimum of fifteen percent of all approved residential development as set forth in Section 21.85.030(A) be restricted to and affordable to lower-income households; subject to adjustment based on the granting of an inclusionary credit;
2.
Require
that for those developments which provide ten or more units affordable
to lower-income households, at least ten percent of the lower-income
units shall have three or more bedrooms;
3.
Under
certain conditions, allow alternatives to on-site construction as
a means of providing affordable units; and
4.
In
specific cases, allow inclusionary requirements to be satisfied through
the payment of an in-lieu fee as an alternative to requiring inclusionary
units to be constructed.
B.
It is the purpose of this chapter to ensure the implementation of the city objective and policy stated in subsection A.
C.
Nothing
in this chapter is intended to create a mandatory duty on the part
of the city or its employees under the Government Tort Claims Act
and no cause of action against the city or its employees is created
by this chapter that would not arise independently of the provisions
of this chapter.
(Ord. NS-535 § 1, 2000; Ord. NS-794 § 2, 2006; Ord. CS-109 § II, 2010; Ord. CS-368 § 3, 2020)
Whenever the following terms are used in this chapter, they
shall have the meaning established by this section:
means housing for which the allowable housing expenses paid
by a qualifying household shall not exceed a specified fraction of
the county median income, adjusted for household size, as follows:
Extremely low-income, rental or ownership units: the product
of thirty percent times thirty percent of the county median income,
adjusted for household size;
Very low-income, rental and ownership units: the product of
thirty percent times fifty percent of the county median income, adjusted
for household size;
Low-income, ownership units: the product of thirty percent times
eighty percent of the county median income, adjusted for household
size; and
Low-income, rental units: the product of thirty percent times
seventy percent of the county median income, adjusted for household
size.
means a legally binding agreement between a developer and
the city to ensure that the inclusionary requirements of this chapter
are satisfied. The agreement establishes, among other things, the
number of required inclusionary units, the unit sizes, location, affordability
tenure, terms and conditions of affordability and unit production
schedule.
means the total monthly or annual recurring expenses required
of a household to obtain shelter. For an ownership unit, allowable
housing expenses include loan principal and interest at the time of
initial purchase by the homebuyer, allowances for property and mortgage
insurance, property taxes, homeowners' association dues and a reasonable
allowance for utilities as defined by the Code of Federal Regulations
(24 CFR 982). For a rental unit, allowable housing expenses include
rent and a utility allowance as established and adopted by the City
of Carlsbad housing authority, as well as all monthly payments made
by the tenant to the lessor in connection with use and occupancy of
a housing unit and land and facilities associated therewith, including
any separately charged fees, utility charges, or service charges assessed
by the lessor and payable by the tenant.
shall consist of the Community and Economic Development Director,
City Planner, Housing and Neighborhood Services Director, Administrative
Services Director/Finance Director and a representative of the City
Attorney's office.
means separate residential development sites which are linked
by a contractual relationship such that some or all of the inclusionary
units which are associated with one development site are produced
and operated at a separate development site or sites.
means the change of status of a dwelling unit from an ownership
unit to a rental unit or vice versa and/or a market-rate unit to a
unit affordable to lower-income households.
means revisions to development permits, entitlements, and/or
related maps.
shall have the same meaning as defined in Section 21.86.020(A)(7)
of this title.
means those households whose gross income is equal to or
less than thirty percent of the median income for San Diego County
as determined by the U.S. Department of Housing and Urban Development.
means assistance to include, but not be limited to, the subsidization
of fees, infrastructure, land costs, or construction costs, the use
of redevelopment set-aside funds, community development block grant
(CDBG) funds, or the provision of other direct financial aid in the
form of cash transfer payments or other monetary compensation, by
the City of Carlsbad.
shall have the same meaning as defined in Section 21.86.020(A)(12)
of this title.
means a reduction in the inclusionary housing requirement
granted in return for the provision of certain desired types of affordable
housing or related amenities as determined by the City Council.
means a new residential development or conversion of existing
residential buildings which has at least fifteen percent of the total
units reserved and made affordable to lower-income households as required
by this chapter.
means a dwelling unit that will be offered for rent or sale
exclusively to and which shall be affordable to lower-income households,
as required by this chapter.
means any monetary benefits that qualify as income in accordance
with the criteria and procedures used by the City of Carlsbad housing
and redevelopment department for the acceptance of applications and
recertifications for the tenant based rental assistance program, or
its successor.
means those households whose gross income is more than fifty
percent but does not exceed eighty percent of the median income for
San Diego County as determined annually by the U.S. Department of
Housing and Urban Development.
means low-income, very low-income and extremely low-income
households, whose gross income does not exceed eighty percent of the
median income for San Diego County as determined annually by the U.S.
Department of Housing and Urban Development.
means a dwelling unit where the rental rate or sales price
is not restricted either by this chapter or by requirements imposed
through other local, state, or federal affordable housing programs.
means concessions or assistance to include, but not be limited
to, direct financial assistance, density increases, standards modifications
or any other financial, land use, or regulatory concession which would
result in an identifiable cost reduction enabling the provision of
affordable housing.
means a residential unit with a condominium or other subdivision
map allowing units to be sold individually.
means a residential unit with no condominium or other subdivision
map allowing units to be sold individually.
means any new residential construction of ownership or rental
units; or development revisions, including those with and without
a master plan or specific plan, planned unit developments, site development
plans, mobile home developments and conversions of apartments to condominiums,
as well as dwelling units for which the cost of shelter is included
in a recurring payment for expenses, whether or not an initial lump
sum fee is also required.
means the income standards for extremely low, very low and
low-income levels within San Diego County as determined annually by
the U.S. Department of Housing and Urban Development, and adjusted
for family size.
means the total units approved by the final decision-making
authority. Total residential units are composed of both market-rate
units and inclusionary units.
means a household earning a gross income equal to fifty percent
or less of the median income for San Diego County as determined annually
by the U.S. Department of Housing and Urban Development.
(Ord. NS-535 § 1, 2000; Ord. NS-794 § 3, 2006; Ord. CS-109 § III, 2010; Ord. CS-164 §§ 10, 12,
14, 2011)
The inclusionary housing requirements of this chapter shall
apply as follows:
A.
This
chapter shall apply to all housing development projects that result
in the construction of new residential units, including mixed use
projects that include residential units and the conversion of apartments
to condominiums.
B.
For any residential development or development revision of seven or more units as set forth in subsection A, not less than fifteen percent of the total units approved shall be constructed and restricted both as to occupancy and affordability to lower-income households.
C.
For
those developments which are required to provide ten or more units
affordable to lower-income households, at least ten percent of the
lower-income units shall have three or more bedrooms.
D.
This
chapter shall not apply to the following:
1.
Existing
residences which are altered, improved, restored, repaired, expanded
or extended, provided that the number of units is not increased, except
that this chapter shall pertain to the subdivision of land for the
conversion of apartments to condominiums;
3.
The
construction of a new residential structure which replaces a residential
structure that was destroyed or demolished within two years prior
to the application for a building permit for the new residential structure,
provided that the number of residential units is not increased from
the number of residential units of the previously destroyed or demolished
residential structure;
5.
Accessory dwelling units not constructed to fulfill inclusionary housing requirements and developed in accordance with Section 21.10.030 of this code;
(Ord. NS-535 § 1, 2000; Ord. CS-109 §§ IV—VI,
2010; Ord. CS-324 § 2,
2017; Ord. CS-368 § 4,
2020)
New master plans and specific plans shall submit an inclusionary
housing plan as follows:
A.
All
master plans and specific plans approved on or after the effective
date of the ordinance codified in this chapter are required by this
chapter to provide an inclusionary housing plan within the master
plan or specific plan document. This inclusionary housing plan will
include appropriate text, maps, tables, or figures to establish the
basic framework for implementing the requirements of this chapter.
It shall establish, as a minimum, but not be limited to, the following:
1.
The
number of market-rate units in the master plan or specific plan;
2.
The
number of required inclusionary units for lower-income households
over the entire master plan or specific plan;
3.
The
designated sites for the location of the inclusionary units, including,
but not limited to, any sites for locating off-site inclusionary housing
projects or combined inclusionary housing projects;
4.
A general provision stipulating that an affordable housing agreement shall be made a condition of all future discretionary permits for development within the master or specific plan area such as tentative maps, parcel maps, planned unit developments and site development plans. The provision shall establish that all relevant terms and conditions of any affordable housing agreement shall be filed and recorded as a restriction on the project as a whole and those individual lots, units or projects which are designated as inclusionary units. The affordable housing agreement shall be consistent with Section 21.85.140 of this chapter.
(Ord. NS-535 § 1, 2000)
The affordable housing standards are as follows:
A.
All qualifying residential developments pursuant to Section 21.85.030(A) are subject to and must satisfy the inclusionary housing requirements of this chapter, notwithstanding a developer's request to process a residential development under other program requirements, laws or regulations, including, but not limited to, Chapter 21.86 (Residential Density Bonus) of this code. If an applicant seeks to construct affordable housing to qualify for a density bonus in accordance with the provisions of Chapter 21.86 (Residential Density Bonus), those affordable dwelling units that qualify a residential development for a density bonus shall also be counted toward satisfying the inclusionary housing requirements of this chapter.
B.
Whenever
reasonably possible, inclusionary units should be built on the residential
development project site.
C.
The
required inclusionary units shall be constructed concurrently with
market-rate units unless both the final decision-making authority
of the city and developer agree within the affordable housing agreement
to an alternative schedule for development.
D.
Inclusionary
rental units shall remain restricted and affordable to the designated
income group for fifty-five years. In addition to the income of a
targeted group, limitations on assets may also be used as a factor
in determining eligibility for rental or ownership units. Notwithstanding
anything to the contrary in this chapter, no inclusionary unit shall
be rented for an amount which exceeds ninety percent of the actual
rent charged for a comparable market unit in the same development,
if any.
E.
After
the initial sale of the inclusionary ownership units at a price affordable
to the target income level group, inclusionary ownership units shall
remain affordable to subsequent income eligible buyers pursuant to
a resale restriction with a term of thirty years or ownership units
may be sold at a market price to other than targeted households provided
that the sale shall result in the recapture by the city or its designee
of a financial interest in the units equal to the amount of subsidy
necessary to make the unit affordable to the designated income group
and a proportionate share of any appreciation. Funds recaptured by
the city shall be used in assisting other eligible households with
home purchases at affordable prices. To the extent possible, projects
using ownership units to satisfy inclusionary requirements shall be
designed to be compatible with conventional mortgage financing programs
including secondary market requirements.
F.
Inclusionary
units should be located on sites that are in proximity to or will
provide access to employment opportunities, urban services, or major
roads or other transportation and commuter rail facilities and that
are compatible with adjacent land uses.
G.
The
design of the inclusionary units shall be reasonably consistent or
compatible with the design of the total project development in terms
of appearance, materials and finished quality.
H.
Inclusionary
projects shall provide a mix of number of bedrooms in the affordable
dwelling units in response to affordable housing demand priorities
of the city.
I.
No
building permit shall be issued, nor any development approval granted
for a development which does not meet the requirements of this chapter.
No inclusionary unit shall be rented or sold except in accordance
with this chapter.
(Ord. NS-535 § 1, 2000; Ord. NS-794 § 4, 2006; Ord. CS-109 §§ VII—IX,
2010; Ord. CS-368 § 5,
2020)
Subject to adjustments for an inclusionary credit, the required
number of lower-income inclusionary units shall be fifteen percent
of the total residential units approved by the final decision-making
authority, including density bonus units. If the inclusionary units
are to be provided within an off-site combined or other project, the
required number of lower-income inclusionary units shall be fifteen
percent of the total residential units to be provided both on-site
and/or off-site. Subject to the maximum density allowed per the growth
management control point or per specific authorization granted by
the Planning Commission or City Council, fractional units for both
market rate and inclusionary units of 0.5 will be rounded up to a
whole unit. If the rounding calculation results in a total residential
unit count which exceeds the maximum allowed, neither the market rate
nor the inclusionary unit count will be increased to the next whole
number.
Example 1: Total residential units = fifteen percent inclusionary
units plus eighty-five percent market-rate units. If the final decision-making
authority approves one hundred total residential units, then the inclusionary
requirement equals fifteen percent of the "total" or fifteen units
(100 × 0.15 = 15). The allowable market-rate units would be
eighty-five percent of the "total" or eighty-five units.
Example 2: If the inclusionary units are to be provided off-site,
the total number of inclusionary units shall be calculated according
to the total number of market-rate units approved by the final decision-making
authority. If one hundred market-rate units are approved, then this
total is divided by 0.85 which provides a total residential unit count
(100 ÷ 0.85 = 117). The fifteen percent requirement is applied
to this "total" (one hundred seventeen units) which equals the inclusionary
unit requirement (117 × 0.15 = 17.6 units).
(Ord. NS-535 § 1, 2000; Ord. NS-794 § 5, 2006; Ord. CS-368 § 6, 2020)
Certain types of affordable housing are relatively more desirable
in satisfying the city's state-mandated affordable housing requirement
as well as the city's housing element goals, objectives and policies,
and these may change over time.
To assist the city in providing this housing, developers may
receive additional (more than one unit) credit for each of such units
provided, thereby reducing the total inclusionary housing requirement
to less than fifteen percent of all residential units approved. A
schedule of inclusionary housing credit specifying how credit may
be earned shall be adopted by the City Council and made available
to developers subject to this chapter.
(Ord. NS-535 § 1, 2000; Ord. NS-794 § 6, 2006)
Notwithstanding any contrary provisions of this chapter, at
the sole discretion of the City Council, the city may determine that
an alternative to the construction of new inclusionary units is acceptable.
A.
The
City Council may approve alternatives to the construction of new inclusionary
units where the proposed alternative supports specific housing element
policies and goals and assists the city in meeting its state housing
requirements. Such determination shall be based on findings that new
construction would be infeasible or present unreasonable hardship
in light of such factors as project size, site constraints, market
competition, price and product type disparity, developer capability,
and financial subsidies available. Alternatives may include, but not
be limited to, acquisition and rehabilitation of affordable units,
conversion of existing market-rate units to affordable units, construction
of special needs housing projects or programs (shelters, transitional
housing, etc.), and the construction of accessory dwelling units.
B.
Accessory
dwelling units constructed to satisfy an inclusionary housing requirement
shall be rent restricted to affordable rental rates, and renters shall
be income-qualified, as specified in the applicable affordable housing
agreement. In no event shall a developer be allowed to construct more
than a total of fifteen accessory dwelling units in any given development,
master plan, or specific plan, to satisfy an inclusionary requirement.
(Ord. NS-535 § 1, 2000; Ord. CS-109 § X, 2010; Ord. CS-324 § 2, 2017)
An affordable housing requirement may be satisfied with off-site
construction as follows:
A.
When
it can be demonstrated by a developer that the goals of this chapter
and the city's housing element would be better served by allowing
some or all of the inclusionary units associated with one residential
project site to be produced and operated at an alternative site or
sites, the resulting linked inclusionary project site(s) is a combined
inclusionary housing project.
B.
It
is at the sole discretion of the City Council to authorize the residential
site(s) which form a combined inclusionary housing project. Such decision
shall be based on findings that the combined project represents a
more effective and feasible means of implementing this chapter and
the goals of the city's housing element. Factors to be weighed in
this determination include: the feasibility of the on-site option
considering project size, site constraints, competition from other
projects, difficulty in integrating due to significant price and product
type disparity, and lack of capacity of the on-site development entity
to deliver affordable housing. Also to be considered are whether the
off-site option offers greater feasibility and cost effectiveness,
particularly regarding potential local public assistance and the city's
affordable housing financial assistance policy, location advantages
such as proximity to jobs, schools, transportation, and services,
diminished impact on other existing developments, capacity of the
development entity to deliver the project, and satisfaction of multiple
developer obligations that would be difficult to satisfy with multiple
projects.
C.
All
agreements between parties to form a combined inclusionary housing
project shall be made a part of the affordable housing agreement required
for the site(s), which affordable housing agreement(s) shall be approved
by council.
D.
Location
of the combined inclusionary housing project is limited to sites within
the same city quadrant in which the market-rate units are located,
or sites which are contiguous to the quadrant in which the market-rate
units are proposed.
(Ord. NS-535 § 1, 2000)
Inclusionary units created which exceed the final requirement for a project may, subject to City Council approval in the affordable housing agreement, be utilized by the developer to satisfy other inclusionary requirements for which it is obligated or market the units to other developers as a combined project subject to the requirements of Section 21.85.080.
(Ord. NS-535 § 1, 2000)
A.
The
city shall consider making offsets available to developers when necessary
to enable residential projects to provide a preferable product type
or affordability in excess of the requirements of this chapter.
B.
Offsets
will be offered by the city to the extent that resources and programs
for this purpose are available to the city and approved for such use
by the City Council, and to the extent that the residential development,
with the use of offsets, assists in achieving the city's housing goals.
To the degree that the city makes available programs to provide offsets,
developers may make application for such programs.
C.
Evaluation
of requests for offsets shall be based on the effectiveness of the
offsets in achieving a preferable product type and/or affordability
objectives as set forth within the housing element; the capability
of the development team; the reasonableness of development costs and
justification of subsidy needs; and the extent to which other resources
are used to leverage the requested offsets.
D.
Nothing
in this chapter establishes, directly or through implication, a right
to receive any offsets from the city or any other party or agency
to enable the developer to meet the obligations established by this
chapter.
E.
Any offsets approved by the City Council and the housing affordability to be achieved by use of those offsets shall be set out within the affordable housing agreement pursuant to Section 21.85.140 or, at the city's discretion in a subsequent document.
G.
For
development located in the coastal zone, any offset provided pursuant
to this section shall be consistent with the applicable provisions
of the certified Carlsbad Local Coastal Program Land Use Plan(s),
with the exception of density.
(Ord. NS-535 § 1, 2000; Ord. NS-794 § 7, 2006; Ord. NS-889 § 1, 2008)
Payment of a fee in lieu of construction of affordable units
may be appropriate in the following circumstances:
A.
For any qualifying residential development or development revision pursuant to Section 21.85.030(A) of less than seven units, the inclusionary requirements may be satisfied through the payment to the city of an in-lieu fee.
B.
The
in-lieu fee to be paid for each market-rate dwelling unit shall be
fifteen percent of the subsidy needed to make affordable to a lower-income
household one newly constructed, typical attached-housing unit. This
subsidy shall be based upon the City Council's determination of the
average subsidy that would be required to make affordable typical,
new two-bedroom/one-bath and three-bedroom/two-bath ownership units
and rental units, each with an assumed affordability tenure of at
least fifty-five years.
C.
The
dollar amount and method of payment of the in-lieu fees shall be fixed
by a schedule adopted, from time to time, by resolution of the City
Council. Said fee shall be assessed against the market-rate lots/units
of a development.
D.
All
in-lieu fees collected hereunder shall be deposited in a housing trust
fund. Said fund shall be administered by the city and shall be used
only for the purpose of providing funding assistance for the provision
of affordable housing and reasonable costs of administration consistent
with the policies and programs contained in the housing element of
the general plan.
E.
At
the discretion of the City Council, where a developer is authorized
to pay a fee in lieu of development, an irrevocable dedication of
land or other non-monetary contribution of a value not less than the
sum of the otherwise required in-lieu fee may be accepted as an alternative
to paying the in-lieu fee if it is determined that the non-monetary
contribution will be effectual in furthering the goals and policies
of the housing element and this chapter. The valuation of any land
offered in-lieu shall be determined by an appraisal made by an agent
mutually agreed upon by the city and the developer. Costs associated
with the appraisal shall be borne by the developer.
F.
Where
a developer is authorized to pay a fee in lieu of development of affordable
housing units, any approvals shall be conditioned upon a requirement
to pay the in-lieu fee in an amount established by resolution of the
City Council in effect at the time of payment.
G.
As an alternative to paying an in-lieu fee(s), inclusionary housing requirements may be satisfied either through a combined inclusionary housing project, pursuant to Section 21.85.080 of this chapter or new construction of inclusionary units subject to approval of the final decision-making authority.
(Ord. NS-535 § 1, 2000; Ord. CS-109 §§ XI, XII,
2010)
All fees collected under this chapter shall be deposited into
a housing trust fund and shall be expended only for the affordable
housing needs of lower-income households, and reasonable costs of
administration consistent with the purpose of this chapter.
(Ord. NS-535 § 1, 2000)
The preliminary project application/review process shall be
as follows:
A.
A developer
of a residential development not subject to a master plan or specific
plan, proposing an inclusionary housing project shall have an approved
site development plan prior to execution of an affordable housing
agreement for the project. The developer may submit a preliminary
application to the Housing and Neighborhood Services Director prior
to the submittal of any formal applications for such housing development.
The preliminary application shall include the following information
if applicable:
1.
A
brief description of the proposal including the number of inclusionary
units proposed;
2.
The
zoning, general plan designations and assessors parcel number(s) of
the project site;
3.
A
site plan, drawn to scale, which includes: building footprints, driveway
and parking layout, building elevations, existing contours and proposed
grading; and
4.
A
letter identifying what specific offsets and/or adjustments are being
requested of the city. Justification for each request should also
be included.
B.
Within
thirty days of receipt of the preliminary application for projects
not requesting offsets or inclusionary credit adjustments, or ninety
days for projects requesting offsets or inclusionary credit adjustments,
the department shall provide to an applicant, a letter which identifies
project issues of concern, the offsets and inclusionary credit adjustments
that the Community and Economic Development Director can support when
making a recommendation to the final decision-making authority, and
the procedures for compliance with this chapter. The applicant shall
also be provided with a copy of this chapter and related policies,
the pertinent sections of the California codes to which reference
is made in this chapter and all required application forms.
(Ord. NS-535 § 1, 2000; Ord. NS-794 § 8, 2006; Ord. CS-164 §§ 12, 14,
2011)
This chapter requires the following:
A.
Developers
subject to this chapter shall demonstrate compliance with this chapter
by executing an affordable housing agreement prepared by the city
Housing and Neighborhood Services Director and submitted to the developer
for execution. Agreements which conform to the requirements of this
section and which do not involve requests for offsets and/or an inclusionary
credit, other than those permitted by right, if any, shall be reviewed
by the affordable housing policy team and approved by the Community
and Economic Development Director or designee. Agreements which involve
requests for offsets and/or an inclusionary credit, other than those
permitted by right, shall require the recommendation of the Housing
Commission and action by the City Council as the final decision-maker.
Following the approval and execution by all parties, the affordable
housing agreement with approved site development plan shall be recorded
against the entire development, including market-rate lots/units and
the relevant terms and conditions therefrom filed and subsequently
recorded as a separate deed restriction or regulatory agreement on
the affordable project individual lots or units of property which
are designated for the location of affordable units. The approval
and execution of the affordable housing agreement shall take place
prior to final map approval and shall be recorded upon final map recordation
or, where a map is not being processed, prior to the issuance of building
permits for such lots/units. The affordable housing agreement may
require that more specific project and/or unit restrictions be recorded
at a future time. The affordable housing agreement shall bind all
future owners and successors in interest for the term of years specified
therein.
B.
An
affordable housing agreement, for which the inclusionary housing requirement
will be satisfied through new construction of inclusionary units,
either on-site or off-site, shall establish, but not be limited to,
the following:
1.
The
number of inclusionary dwelling units proposed, with specific calculations
detailing the application of any inclusionary credit adjustment;
2.
The
unit square footage, and number of bedrooms;
3.
The
proposed location of the inclusionary units;
4.
Amenities
and services provided, such as daycare, after school programs, transportation,
job training/employment services and recreation;
5.
Level
and tenure of affordability for inclusionary units;
6.
Schedule
for production of dwelling units;
7.
Approved
offsets provided by the city;
8.
Where
applicable, requirements for other documents to be approved by the
city, such as marketing, leasing and management plans; financial assistance/loan
documents; resale agreements; and monitoring and compliance plans;
9.
Where
applicable, identification of the affordable housing developer and
agreements specifying their role and relationship to the project.
C.
An
affordable housing agreement, for which the inclusionary housing requirement
will be satisfied through payment to the city of any in-lieu contributions
other than fee monies, such as land dedication, shall include the
method of determination, schedule and value of total in-lieu contributions.
D.
An
affordable housing agreement will not be required for projects which
will be satisfying their inclusionary housing requirement through
payment to the city of an in-lieu fee.
(Ord. NS-535 § 1, 2000; Ord. NS-794 §§ 9, 10, 2006; Ord. CS-164 §§ 12, 14,
2011)
The City Council may establish by resolution, fees to be paid
by the developer at the time of preliminary project application to
defray the city's cost of preparing and/or reviewing all inclusionary
housing agreements.
(Ord. NS-535 § 1, 2000)
Any amendment to an affordable housing agreement shall be processed in the same manner as an original application for approval, except as authorized in Section 21.85.035(B). Amendments to affordable housing agreements initially approved prior to the effective date of the ordinance codified in this chapter shall be entitled to consideration under the ordinance provisions superseded by the ordinance codified in this chapter.
(Ord. NS-535 § 1, 2000)
The city or its designee shall have a one-time first right of
refusal to purchase any project containing affordable units offered
for sale at the end of the minimum tenure of affordability for rental
projects. The first right of refusal to purchase the rental project
shall be submitted in writing to the Housing and Neighborhood Services
Director. Within ninety days of its receipt, the city shall indicate
its intent to exercise the first right of refusal for the purpose
of providing affordable housing.
(Ord. NS-535 § 1, 2000; Ord. CS-164 § 12, 2011)
Any residential developments for which a site development plan
for the affordable housing component of the development was approved
prior to the effective date of the ordinance codified in this chapter
shall be subject to the ordinance in effect at the time of the approval.
(Ord. NS-535 § 1, 2000)
Enforcement provisions are as follows:
A.
The provisions of this chapter shall apply to all developers and their agents, successors and assigns proposing a qualifying residential development governed by this chapter pursuant to Section 21.85.030(A). No building permit or occupancy permit shall be issued, nor any entitlement granted, for a project which is not exempt and does not meet the requirements of this chapter. All inclusionary units shall be rented or owned in accordance with this chapter.
B.
The
city may institute any appropriate legal actions or proceedings necessary
to ensure compliance with this chapter, including, but not limited
to, actions to revoke, deny or suspend any permit or development approval.
C.
Any
individual who sells or rents a restricted unit in violation of the
provisions of this chapter shall be required to forfeit all monetary
amounts so obtained. Such amounts shall be added to the city's housing
trust fund.
(Ord. NS-535 § 1, 2000; Ord. CS-109 § XIII, 2010)
All code provisions, ordinances, and parts of ordinances in
conflict with the provisions of this chapter are repealed. The provisions
of this chapter, insofar as they are substantially the same as existing
code provisions relating to the same subject matter shall be construed
as restatements and continuations thereof and not as new enactments.
With respect, however, to violations, rights accrued, liabilities
accrued, or appeals taken, prior to the effective date of the ordinance
codified in this chapter, under any chapter, ordinance, or part of
an ordinance shall be deemed to remain in full force for the purpose
of sustaining any proper suit, action, or other proceedings, with
respect to any such violation, right, liability or appeal.
(Ord. NS-535 § 1, 2000)
If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, the remainder of the
chapter and the application of the provision to other persons not
similarly situated or to other circumstances shall not be affected
thereby.
(Ord. NS-535 § 1, 2000; Ord. CS-109 § XIV, 2010)
Notwithstanding anything in this chapter to the contrary, all
housing in-lieu and housing impact fees for any residential development
that consists of five or more dwelling units shall only be paid prior
to building permit issuance, or, at the request of the applicant,
deferred until all work required for final inspection has been completed
and all department approvals required for final inspection have been
obtained by the applicant.
The amount of the fees shall be based on the fees in effect
at the time of the request for the final inspection, not the time
of building permit issuance.
In the event that the city, for any reason, fails to collect
any or all fees prior to final inspection, such fees shall remain
the obligation of the developer and/or the property owner.
(Ord. CS-200 § V, 2013; Ord. CS-271 § V, 2015)
