The City finds that there is a recurring problem that public
discussion of proposed multi-family rental housing development projects
with deed-restricted affordable units results in failed communication
because the commonly understood meaning of "affordable" and the legal
meaning of "affordable to persons of moderate, low, very-low, extremely
low, or acutely low income" are not the same. The City adopts the
ordinance codified in this chapter to regulate certain aspects of
written commercial speech by developers to require precision, clarity,
and transparency, thereby helping to ensure that written communications
by developers about a proposed deed-restricted affordable multi-family
rental housing project include accurate information about the anticipated
maximum rent levels, stated in publicly understandable "dollars per
month" figures.
(§ 2, Ord. 944, eff. December 28, 2023)
For purposes of this chapter the following terms are defined
as follows.
means any of the following persons or entities: the applicant
of record for any proposed rental housing development project; the
property owner or owners of any proposed rental housing development
project, if not the same as the applicant of record; and any person
or entity acting on their behalf.
means any proposed multi-family housing development project
in the City of Ojai with at least one deed-restricted affordable unit.
(§ 2, Ord. 944, eff. December 28, 2023)
A developer of any proposed rental housing development project
must include in every written communication to the public regarding
the project, and in the developer's first written communication to
the City regarding the project, and in subsequent written communications
to the City if the project description changes, the following information,
in at least 12 point font:
(a)
The
anticipated maximum household income limits in dollars per year and
the anticipated maximum rents for each proposed deed-restricted affordable
unit stated in dollars owed for rent each month, calculated using
the current affordable housing State income limits as published by
the State Department of Housing and Community Development effective
at the time of the communication for the applicable affordable unit
type [moderate, low, very low, extremely low, or acutely low income],
bedroom count, and maximum occupancy limit of each type of deed-restricted
affordable unit for sample households of one person, two people, and
four people, as applicable given each unit's type and bedroom count
and anticipated financing requirements;
(b)
A statement
that the anticipated maximum deed-restricted affordable unit rents,
stated in dollars per month, may change as income limits change under
State law, and that the applicable income limits for each type of
affordable unit are maximum combined household income limits and that
the anticipated maximum rents may vary by each unit's bedroom count
and other factors as required by applicable law;
(c)
The
number, bedroom count, and type [moderate, low, very low, extremely
low, or acutely low income] of deed-restricted affordable units proposed
within the project, including "zero" for any unit type not included
in the project;
(d)
The
number of years of each deed-restricted affordable unit's deed-restriction;
(e)
The
number and proposed size, in square feet and bedroom count, of each
proposed market rate, unrestricted unit proposed within the project;
(f)
A statement
that the market rate, unrestricted units would have no restrictions
on rents, unless otherwise provided by law; and
(g)
Whether, and how, the project complies with the requirements to replace any housing units protected by applicable law from demolition without replacement, including under the Housing Crisis Act of 2019, Government Code Section 66300, et seq., Ojai Municipal Code Section 10-2.904, and any other applicable law protecting housing units from demolition without replacement.
(§ 2, Ord. 944, eff. December 28, 2023)
(a)
Code
enforcement officers, and any other person designated by the City
Manager shall enforce this chapter and may publish written regulations
in the manner required by law for the publication of ordinances and
may take any and all other actions rational and necessary to enforce
this chapter.
(b)
In addition to any other remedies available by law and under this Code, a violation of this chapter is subject to the administrative enforcement provisions of Section 1-2.03 of this Code.
(c)
The
remedies specified in this chapter shall be cumulative and the City
may resort to any other remedy available at law or in equity and resort
to any one remedy shall not cause an election precluding the use of
any other remedy with respect to a violation.
(d)
The
City Attorney may seek injunctive, legal, or other equitable relief
to enforce this chapter.
(e)
Violations
of this chapter shall not affect the validity or invalidity of any
land use entitlement or development permit approved by the City of
Ojai. Revocation of any land use entitlement or development permit
must proceed separately under other applicable provisions of this
Code and State law.
(§ 2, Ord. 944, eff. December 28, 2023)
