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DIVISION 7B. (RESERVED)
DIVISION 7C. AFFORDABLE HOUSING -AHP AND -AHD ADDITIVE ZONES
The affordable housing additive zones are zoning designations to provide opportunities for the development of affordable residential housing to help the city reach its regional housing needs allocation (RHNA) to implement the housing element's "affordable housing permitted" and "affordable housing discretionary" site-specific designations. The affordable housing additive zones are separate, and in addition to, the "State" density bonus authorized by Division 7A (commencing with section 16-410A).
(Ord. No. 2999)
(A) Additive zone - Additive zone designations act as a suffix to the underlying zone designation. The additive designations are "Affordable Housing Permitted" (-AHP), and "Affordable Housing Discretionary" (-AHD). The -AHP and -AHD designations do not change the allowable uses and/or density of the underlying zone but add the right to develop housing at a density of up to 30 dwelling units per acre, in a manner consistent with this Division 7C.
(B) Selection of affordable housing additive zone sites - The parcels and aggregations of parcels with the -AHP and -AHD additive zone designations are shown in the Housing Element (2030 General Plan, Chapter 8) Supplement 1. These sites are not required to be available for sale or require owner permission to be designated -AHP or -AHD, although both conditions are preferred.
(C) No net loss - If an affordable housing additive zone site is approved for nonresidential development or with a residential unit count less than realistic/net lower income units listed for the site in Supplement 1 of the Housing Element, the city shall designate a replacement additive zone site (or combination of sites) if needed and required to maintain a "rolling" potential unit inventory that meets the then-remaining RHNA allocation for extremely low, very low and low income housing for the current RHNA planning period, as calculated by the Director. The city shall be responsible for the designation of replacement site(s) within 12 months from the date of the approved entitlements, unless the rolling inventory for extremely low, very low, and low income housing meets the remaining RHNA need as determined in the annual report. The determination on if a replacement site is needed and required will be based on results of the city's annual report which will be submitted to the California Department of Housing and Community Development (HCD) on a yearly basis. Private parties may propose affordable housing additive zone sites through the rezoning process in combination with an housing development application process.
(D) Evaluation of sites for affordable housing additive zone - In determining additional parcels or groups of parcels that may be suitable for the -AHP or -AHD additive zoning, potential sites shall be evaluated for their potential compatibility with adjacent land uses, availability of public services and is not located on land in any of the categories listed in Section 16.420K(F) of this division, and the site is found to either be suitable or have the potential to be suitable with appropriate design that transitions to adjoining neighborhoods.
(E) The -AHP additive zone may only be applied to a non-vacant site that was included in a prior housing element planning period, or a vacant site that was included in two or more consecutive housing elements planning periods.
(Ord. No. 2999)
(A) Multifamily - Multifamily residential uses are allowed in -AHP and -AHP zones, subject to compliance with all applicable reguirements of this Division 7C.
(B) Mixed use permissible - Mixed use multifamily residential uses are allowed in -AHP and AHP zones, subject to compliance with all applicable requirements of this Division 7C, as follows:
(1) Mixed use multifamily residential uses within the -AHP or -AHP additive zone may include space for commercial or office uses that do not exceed 15% of the total floor area of the development, where commercial or office uses are allowed as a permitted use in the underlying zoning designation, as part of the -AHP or -AHP associated permit. Commercial or office uses, which require a special use permit in accordance with the underlying zoning designation, shall require approval of a special use permit, in both the -AHP or -AHP additive zone.
(2) Mixed use multifamily residential uses within the -AHP additive zone which contain commercial or office space of greater than 15% of the total floor area of the development may request that the mixed use multifamily residential use application be removed from the by-right site plan review permit process and submit an application for a development design review planning permit pursuant to Section 16-525 under which the mixed use multifamily residential use application is not considered ministerial. The commercial or office space of greater than 15% of the total floor area of the development are also permissible, if they are constructed in addition to other permitted or related uses that are permitted in accordance with the underlying zoning designation. The commercial or office space shall still require development design review permit or special use permit in accordance with the underlying zoning designation in the -AHP additive zone.
(3) Mixed use multifamily residential uses within the -AHP additive zone which contain commercial or office space of greater than 15% of the total floor area of the development are also permissible, if they are constructed in addition to other permitted or related uses that are permitted in accordance with the underlying zoning designation. The commercial or office space shall still require development design review permit or special use permit in accordance with the underlying zoning designation in the -AHP additive zone.
(C) Underlying zoning permissible - As the -AHP and -AHD additive zone designations do not replace the 2030 general plan land use or underlying zone designations, any proposed use or development other than housing, or in addition to housing, shall be governed by the 2030 General Plan and zone designations and applicable standards and guidelines.
(Ord. No. 2999)
(A) Application - Residential or mixed use developments proposed on -AHP or -AHD additive zone sites and permitted under this division shall be identified by the applicant at the time of permit application. The permit application fee and applicable supplemental development and environmental analysis and impact fees are required.
(1) Residential or mixed use development applications are to identify that the development will provide a minimum of 20% of all units as affordable to extremely-low income, very-low income, or low income households and comply with this entire division.
(2) The planned development designation on a site is only applicable to nonresidential development or development that does not fall under the -AHP or -AHD additive zone provisions.
(3) An application cannot utilize both the planned development additive zone provisions found in Chapter 16, Division 17 and the -AHP or -AHD additive zone provisions found in Section 16-420H(E).
(B) Site plan review permit - A ministerial site plan review (SPR) permit process (City Code section 16-523) is required for all multi-family residential development as defined under Section 16-420C(A) within the -AHP zone that meets the affordability requirements as defined in Section 16-420E(A), and complies with the applicable development and design standards of this chapter.
(C) Special use permit - A special use permit (SUP) permit process (City Code Sections 16-530 to 16-553) is required for all multi-family residential uses permitted under this division that are not eligible under Subsection (B) of this section and are located in the -AHD zone.
(D) Impact fees - applicants shall pay all applicable impact fees, provide appropriate design and engineering studies, and otherwise follow the applicable entitlement process for development of comparable size and use.
(Ord. No. 2999)
(A) All housing units built pursuant to this division shall provide a minimum of 20% of all units as affordable to extremely-low income, very-low income, or low income households as defined and periodically updated by the U.S. Department of Housing and Urban Development for Ventura County. Developers of housing under this division are not eligible to request to make in-lieu affordable housing payment instead of providing affordable housing units.
(B) All residential developments built pursuant to this Division 7C are subject to the City of Oxnard Inclusionary Housing Ordinance.
(C) The developer shall establish and at all times maintain a written list of Oxnard residents qualified to purchase or rent each of the affordable units. The developer shall offer the affordable units to qualified Oxnard resident buyers or renters on the waiting list first and give preference to them until there are no qualified Oxnard residents on the waiting list. At such time, the developer may make units available to all other prospective buyers or renters meeting the income limitations for such units.
(D) Affordability restrictions - Each affordable unit must be restricted for a minimum of 55 years for rental units and 45 years for owner-occupied units. The deed restriction or affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a building permit for any structure on the site. The Director is hereby authorized to enter into the agreements authorized by this section on behalf of the city upon approval of the agreements by city attorney for legal form and sufficiency.
(E) Manager's unit - For developments which are 100% affordable the following shall apply. For a development with between ten and 40 units, one manager's unit is exempt from the affordability requirement. For a development between 41 and 80 units, up to two manager's units are exempt from the affordability requirement. For development of 81 or more units, up to three manager's units are exempt from the affordability requirement. Developments that provide nine or less affordable units do not obtain an exemption for a manager unit.
(Ord. No. 2999)
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