The purpose of this chapter is to:
A.
Provide
a chapter implementing Program 9 of the 2021-2029 Housing Element
of the Loomis General Plan.
B.
Promote
the provision of housing for all economic segments of the community.
C.
Ensure
that affordable rental housing is managed, maintained, and operated
consistently with its status as an important community asset.
(Ord. 288 § 1, 2022)
The town council finds that:
A.
The
housing element of the town's general plan, which guides and directs
new growth and development, calls for an implementing this chapter
to further the affordable housing goals of the town and address state
housing requirements. The lack of affordable housing has a direct
impact upon the health, safety, and welfare of town residents.
B.
Federal
and state housing subsidy programs are insufficient to address the
housing needs of very low and lower income households.
C.
Affordable
rental housing developed under this chapter represents a unique and
valuable community asset. Unlike for-sale housing, the households
benefiting directly from affordable rental housing have only a limited
ability to control such issues as maintenance and repair of units,
leasing and operating practices, and on-site security. Ensuring that
this asset is well managed and maintained for the duration of the
affordability controls furthers important public goals by providing
a safe and healthy living environment for households most in need,
and by ensuring that rental housing developments do not deteriorate
and create or exacerbate urban blight within the town.
D.
Certain
for-sale housing developments contain significant areas and buildings
that are under common ownership and control, typically through a homeowner's
association, and thus present some of the same issues that arise in
the case of rental housing. For that reason, it is important to ensure
that such common areas and buildings are also well managed and maintained.
(Ord. 288 § 1, 2022)
shall have the meaning as set forth in Government Code Section
65852.2(j)(1), as that section may be amended from time to time.
means the agreement described in Section 11.16.100 of this chapter between the developer of a residential project and the town detailing how a residential project's inclusionary requirements will be met.
means, for residential projects with for-sale units, a monthly
payment which shall not exceed the product of thirty percent of seventy
percent of the area median income, adjusted for household size appropriate
for the unit and inclusive of mortgage principal and interest, property
taxes, insurance, and any applicable special taxes or homeowners'
association dues. As used in this section, "appropriate for the unit"
means a household of one person in the case of a studio unit, two
persons in the case of a one-bedroom unit, three persons in the case
of a two-bedroom unit, four persons in the case of a three-bedroom
unit, and five persons in the case of a four-bedroom unit.
means an affordable rent determined in accordance with any
state or federal funding program used to finance development or construction
of the units within a particular residential project. If no such state
or federal funding program is involved, or if the program does not
specify how affordable rent is to be determined, "affordable rent"
shall have the meaning as set forth in Health and Safety Code Section
50053, as that section may be amended from time to time.
means a dwelling unit which, pursuant to a recorded instrument,
may only be sold or rented to a household of a designated income or
for a restricted sale price or rent.
means area median income for Placer County as published by
the California Department of Housing and Community Development pursuant
to Health and Safety Code Section 50093, as that section may be amended
from time to time.
means the owner of any real property upon which a residential
project is to be constructed or the owner's duly authorized designee.
means the standards governing development of real property
within the town as set forth in the town's municipal code, uncodified
ordinances, and any applicable regulations adopted pursuant thereto.
means one or more rooms that include permanent provision
for living, sleeping, eating, cooking, and sanitation that are occupied
for residential purposes by one or more persons living as a single
housekeeping unit. For purposes of this chapter, the term "dwelling
unit" does not include "accessory dwelling units" or "junior accessory
dwelling units."
means that even after complying with the requirements of
this chapter, the residential project as a whole remains reasonably
capable of being financed, built and, marketed, given the economic
conditions prevailing at the time of approval of the affordable housing
agreement and taking into account the incentives and alternatives
that may be made available to the residential project and under this
chapter. In all cases, feasibility shall be determined by the town
in its sole discretion.
means a dwelling unit developed as part of a residential
project which the developer intends will be offered for individual
sale or which is customarily offered for individual sale, including,
but not limited to, single-family detached homes, duplex units, condominiums,
and cooperatives.
means the general plan of the town of Loomis, as it may be
amended from time to time.
means a dwelling unit developed in accordance with an affordable
housing agreement to satisfy the requirements of this chapter. Inclusionary
unit includes "for-sale inclusionary unit" which is a dwelling unit
made available for sale at an affordable housing cost and a "rental
inclusionary unit" which is a dwelling unit made available for rent
at an affordable rent.
means a fee established by the town council based on an analysis
of the local fees typically necessary to provide gap financing to
an affordable housing developer sufficient to allow the production
of affordable units. In-lieu fees will be deposited in a separate
town fund and used to assist in the development of affordable housing.
shall have the meaning as set forth in Government Code Section
65852.22(h)(1) as that section may be amended from time to time.
means the same as how that term is defined in Health and
Safety Code Section 50079.5 as amended from time to time.
means a dwelling unit developed as part of a residential
project which the developer intends to offer for lease or rent, or
which is customarily offered for lease or rent.
means all adjacent land within the town owned or controlled
by the same developer or owner, the property lines of which are contiguous
at any point, or the property lines of which are separated only by
a public or private street, road or other public or private right-of-way.
means this Inclusionary Housing Ordinance of the town of
Loomis.
includes the person, persons, corporation, or public or private
entity having sufficient legal interest in real property to commence
and maintain development of a residential project on the real property,
or the owner's agent, assignee, or successor in interest.
means a parcel of land that has been legally created with
the intention that it will be used for the development of one or more
dwelling units.
means any project involving the construction of five or more
dwelling units at one location and requiring the issuance of a building
permit, or the creation of five or more residential lots at one location,
including in the aggregate all dwelling units or residential lots
for which building permits or discretionary approvals have been applied
for from or granted by the town. Where all or a portion of the inclusionary
units for a residential project are built off-site, the term "residential
project" shall also include all residential units built at the off-site
location(s), including all inclusionary units and market-rate units
built as part of the same development.
means the town manager of the town or their designee.
means the same as how that term is defined in Health and
Safety Code Section 50105, as that section may be amended from time
to time.
means Title 13 of the municipal code of the town.
(Ord. 288 § 1, 2022)
All residential projects within the town shall comply with the
requirements set forth in this chapter, with the following exceptions:
A.
Residential
projects which have acquired a vested right under California law to
proceed with development without complying with this chapter.
(Ord. 288 § 1, 2022)
No building permit will be issued and no use permit, final parcel
or subdivision map or other agreement with the town will be approved
in connection with any residential project until the town manager
confirms in writing one of the following:
A.
For
residential projects proposing ten or more dwelling units or residential
lots, an affordable housing agreement has been executed by the developer
and the town and a memorandum of that agreement recorded with the
placer county recorder's office.
B.
For residential projects proposing less than ten dwelling units or residential lots, the developer has paid in-lieu fees or committed to construct an accessory dwelling unit consistent with Section 11.16.060(A)(3)(b).
C.
The
developer has requested, and the town council has determined that
it is not feasible to comply with the requirements of this chapter.
Full compliance shall be presumed feasible unless the town council
expressly determines otherwise. Any request by a developer for such
a determination shall be made no later than the time of application
for town approval that triggers the obligation to comply with this
chapter.
(Ord. 288 § 1, 2022)
A.
Calculation of Inclusionary Housing Requirements.
1.
Rental Units. Ten percent of all rental units in a residential
project shall be made available at affordable rents to very low and
low income households. Five percent shall be affordable to very low
income households and five percent shall be affordable to lower income
households.
2.
For-Sale Units. Ten percent of all for-sale units in a residential
project shall be made available at an affordable cost to lower income
households.
3.
Fractional Units.
a.
For residential projects proposing ten or more dwelling units or
residential lots, if the inclusionary housing requirement for a residential
project yields a fractional unit, the developer shall pay an in-lieu
fee for the fractional unit.
b.
For residential projects proposing five or more but less than ten
dwelling units or residential lots, the inclusionary housing requirement
for a residential project yields a fractional unit. In this case,
the developer shall pay an in-lieu fee for the fractional unit but
may substitute one ADU or JADU for payment of in-lieu fees on five
dwelling units or residential lots, or two ADUs or JADUs for payment
of all in-lieu fees.
4.
Substitution of Rental Units for For-Sale Units. The town
will permit a developer to substitute rental units to meet all or
a portion of the inclusionary obligation for for-sale units for the
residential project. For-sale units may not be substituted for rental
units.
B.
General Standards for Development. Except as may otherwise
be provided in the affordable housing agreement for a residential
project, a developer shall comply with all of the following requirements
in fulfilling the obligations under this chapter:
1.
Location of Inclusionary Units. Inclusionary units shall be built on site, within the residential project, unless the town council allows off-site construction pursuant to Section 11.16.070(B)(3)(b).
2.
Timing of Development. Inclusionary units shall be constructed
and offered for sale or rent in accordance with this chapter concurrently
with or prior to completion of market rate units within the residential
project or phase thereof. As used in this chapter, "concurrently"
means that a proportionate share of inclusionary units must be completed
by the time each twenty-five of the market rate units within a residential
project are completed.
3.
Exterior Appearance. Inclusionary units shall be visually
and architecturally consistent with and similar in quality of construction
materials to market-rate units within the residential project or phase
thereof.
4.
Size of Inclusionary Units; Bedroom Counts. Inclusionary units
may be smaller than the market rate units within the residential project,
provided that the inclusionary units contain not less than eight hundred
square feet of interior space. The number of bedrooms in multifamily
rental inclusionary units shall be generally consistent with the bedroom
mix of market rate units within the same residential project.
5.
Development Standards. Inclusionary units shall comply with
the same development standards applicable to market rate units within
the residential project.
(Ord. 288 § 1, 2022)
A.
Incentives.
1.
Requests
for regulatory or financial incentives will be considered on a project-by-project
basis. All requests for incentives under this chapter shall be accompanied
by such information as the town deems necessary in order to evaluate
the request. Incentives may include, but are not limited to:
2.
Incentives
must be approved by town council except to the extent the authority
to review and approve such incentives has been delegated to the town
manager.
B.
Alternatives.
1.
The
town council may allow the developer to satisfy all or part of the
inclusionary housing requirement through one of the alternative methods
described in this section if the town council determines, at its sole
discretion, that the alternative will achieve goals set forth in the
town's housing element.
2.
In
approving any alternative, the town council may impose such conditions
as it deems appropriate in order to further the purposes of this chapter.
3.
The town council, at its sole discretion, may allow the developer to satisfy all or part of the inclusionary housing requirement through an alternative method if the town council determines, at its sole discretion, that the proposed alternative meets the general standards for approval set forth in subsection (B)(4) below. Such alternatives may include, but are not limited to:
a.
Acquisition, Rehabilitation, and Conversion. The developer may propose to acquire, rehabilitate, and convert existing market rate units to inclusionary units. Duration of affordability restrictions shall meet standards in Section 11.16.100.
b.
Off-Site Construction. The developer may propose to
construct inclusionary units at an off-site location.
c.
Preservation of At-Risk Units. The developer may propose the acquisition and preservation of at-risk affordable rental units. In order for the proposed units to qualify as inclusionary units, the town manager must determine that the units are currently affordable units available at affordable rents but are at-risk of converting to market rate units within the next five years due to expiring affordability covenants. Duration of affordability restrictions shall comply with standards in subsection (B)(3) above.
4.
Standards for Approval of Alternatives. Any proposed alternative
by a developer must comply with the following general standards.
a.
Town Approval of Third-Party Developer. If the developer
is proposing to partner with another developer to carry out the alternative,
such as a developer specializing in affordable housing, the town council
must approve the third-party developer.
b.
Financing Plan for Inclusionary Units. The developer
must submit a financial analysis for the proposed alternative project
(pro forma) and such additional information as the town council deems
necessary to demonstrate that sufficient funding will be available
to complete, operate, and maintain the affordable units developed
through the proposed alternative.
c.
Suitability of Alternative Site. If the developer is
proposing to construct inclusionary units off-site, the proposed site
must be appropriately zoned to allow for the proposed development,
be physically and environmentally suitable to develop housing, and
be of sufficient acreage to develop the required number of inclusionary
units. The proposed off-site development must include full on- and
off-site infrastructure including paved street access, frontage improvements
(curb, gutter, sidewalk, streetlights, etc.), and utility service
connections (installed underground if otherwise required by the town
for the development of the site).
d.
Timing of Development. Inclusionary units developed
through the proposed alternative shall generally be constructed concurrently
with or prior to completion of market rate units within the residential
project. If the inclusionary units will not be available for occupancy
concurrently with market rate units within the residential project,
the town council may require that the developer provide performance
security in an amount determined to be sufficient to secure completion
of the inclusionary units.
5.
In
approving any alternative, the town council may impose such conditions
as it deems appropriate in order to further the purposes of this chapter.
(Ord. 288 § 1, 2022)
A.
The
town manager may promulgate guidelines for the implementation of this
chapter.
B.
The
town council may, by resolution, establish a reasonable fee for the
administration of this chapter, including, but not limited to, the
annual monitoring of inclusionary units.
C.
Except
as otherwise required by this chapter, the town manager is authorized
to approve affordable housing agreements. A decision by the town manager
approving or denying an affordable housing agreement, or denying any
incentive requested by the developer that the town manager is authorized
to approve, may be appealed to the town council. On appeal, the town
council will determine whether the town manager's decision conforms
to the requirements of this chapter. No appeal may be filed under
this chapter for the purpose of seeking town council review of the
underlying merits of the residential project.
(Ord. 288 § 1, 2022)
Inclusionary units will be monitored by the town to verify that
the dwelling units are and continue to be affordable.
(Ord. 288 § 1, 2022)
A.
For
residential projects proposing ten or more dwelling units or residential
lots, evidence of compliance with this chapter shall be in the form
of an affordable housing agreement between the developer and the town.
B.
Affordable
housing agreements shall require full compliance with this chapter
and shall specifically address all the following:
1.
Number,
location, household incomes targeted and affordability of inclusionary
units.
2.
Calculation
of affordable housing price for for-sale units and affordable rent
for rental units.
3.
Duration
of affordability of the inclusionary units according to the following
standards:
a.
Rental units shall remain affordable for no less than fifty-five
years.
b.
For-sale units shall be regulated with the goal of preserving affordability
for five years. Upon a showing that the owner of the inclusionary
unit has been unable to identify a qualified buyer for the unit after
a good faith affirmative marketing effort, the town manager may: (i)
permit the owner to sell the unit to a buyer who is not income qualified
but who will remain obligated to resell the unit at an affordable
price to an income qualified household for the remainder of the five
year period; or (ii) permit the early termination of the affordability
restrictions on the unit as part of a program that will ensure that
the town recaptures an amount that reflects the gap between the affordable
and market prices for the unit at the time of the unit's sale to the
current owner.
4.
In
the case of residential projects containing rental units or with significant
areas or buildings under common ownership or control (for example,
condominiums and apartments), provisions designed to ensure that the
residential project will be well managed and maintained throughout
the term of the affordability controls. Prior to initial occupancy,
the developer shall be required to provide, for town review and approval,
a management plan that addresses in detail issues such as maintenance
of common areas and buildings (including the provision of adequate
reserves), operations, and leasing practices. The management plan
shall provide for town enforcement of its terms.
5.
In the case of residential projects that satisfy all or a portion of the requirements of this chapter through an alternative, the affordable housing agreement shall specify how the proposed alternative is consistent with Section 11.16.070 of this chapter.
6.
Any
other provisions required by the town to document the obligations
imposed by this chapter.
C.
Master
Affordable Housing Agreement. A developer may propose a master affordable
housing agreement for any residential project which the developer
anticipates will be developed over an extended period of time. Developers
are encouraged to request master affordable housing agreements for
residential projects containing a mixture of for-sale and rental units,
or when the developer believes that the project can be enhanced and
the purposes of this chapter better served by modifying the standard
requirements of this chapter. The master affordable housing agreement
will contain the general rules that will govern the development of
the inclusionary units for the residential project. It is anticipated
that details such as, for example, the specific location of the inclusionary
units within the overall project will be addressed through map- or
project-specific affordable housing agreements that will incorporate
the terms set out in the master agreement.
(Ord. 288 § 1, 2022)
Nothing in this chapter shall in any way preclude or limit any
aggrieved party from seeking judicial review after such person has
exhausted the administrative remedies provided in this chapter. However,
it shall be conclusively presumed that a litigant has not exhausted
administrative remedies of any and all issues not raised in the administrative
proceedings authorized herein.
(Ord. 288 § 1, 2022)
