Sections:
17.32.010 Purpose.
17.32.020 General requirements for affordable housing.
17.32.030 Exemptions.
17.32.040 Incentives for on-site housing.
17.32.050 Affordable housing development requirements.
17.32.060 Alternative methods of compliance.
17.32.070 Affordable housing plan processing.
17.32.080 Eligibility.
17.32.090 Adjustments.
17.32.100 Severability.
This chapter establishes policies, incentives, design standards, and alternative methods of compliance for meeting the city's affordable housing needs. The purpose of this chapter is to promote achievement of the city's general plan housing element goals for affordable housing. The policies outlined in this chapter regulate the method of determining the minimum requirements. Further, this chapter identifies the administrative procedures related to affordable housing requests. (Ord. 2010-02 § 1 (part), 2010)
Consistent with the City of Pinole general plan housing element, the city requires the designation of land for affordable housing to meet the city's future housing needs. The requirements of this chapter shall be governed by the requirements of the Community Redevelopment Law (California Health & Safety Code Section 33000 et.seq.), as that statute is amended from time-to-time. Where conflict occurs between the requirements of this chapter and state law, state law shall govern. General requirements are listed below:
A. General Requirement. For all rental or ownership residential developments of four (4) or more dwelling units located in the City, at least fifteen percent (15%) of the total units must be constructed and offered for sale or rent as an affordable housing unit. Of those units, forty percent (40%) must be affordable to very low income households. For example, a proposed residential development for twenty (20) single-family homes must provide three (3) affordable housing units, two (2) of which are affordable to very low income households. Existing units that are to be retained shall be included in the number of units in the residential development for purpose of calculating the number of affordable housing units required by this chapter.
B. Residential Parcel Maps and Subdivisions. For all residential subdivisions within or outside of the city's redevelopment area where the lots to be approved would permit the eventual development of four (4) or more dwelling units, the applicant shall propose an alternative method of compliance to meet the affordable housing requirements, pursuant to the requirements as established in Section 17.32.060 (Alternative Methods of Compliance).
C. Density Bonus Units. Any additional units approved as a density bonus under Chapter 17.38 (Density Bonus) will not be counted in determining the required number of affordable housing units. For example, a proposed project with twenty (20) units that receives a twenty-five percent (25%) density bonus of five (5) units will calculate the affordable housing requirements based on twenty (20) units and must provide three (3) affordable housing units, two (2) of which are affordable to very low income households.
D. Rounding. In determining the number of affordable housing units required by this chapter, any decimal fraction shall be rounded up to the nearest whole number.
E. Price Limits for Affordable Housing Units. Affordable housing units must be restricted for sale at affordable prices as identified in Table 17.32.020-1 below:
15% of the units in any residential development must be affordable housing units and reserved for: | Affordable Housing Units (%) | Percentage of Area Median Income Used to Determine Housing Costs | Income Used to Determine Affordable Housing Costs (%) |
Rental Developments | |||
Very Low Income Occupants | 40% | below 50% | 30% |
Low Income Occupants | 60% | below 80% | 30% |
Ownership Developments | |||
Moderate Income Households | 100% | below 120% | 30% |
(Ord. 2010-02 § 1 (part), 2010)
The requirements of this chapter shall not apply to the following types of development projects:
A. Manufactured Homes.
B. Pending Complete Applications. A project which has submitted an application for approval, which application was deemed complete by the Community Development Director prior to the effective date of this title.
C. Casualty Reconstruction Projects. The reconstruction of any residential units or structures which have been destroyed by fire, flood, earthquake, or other act of nature, which are being reconstructed in a manner consistent with the requirements of Chapter 17.14 (Nonconforming Uses and Structures). (Ord. 2010-02 § 1 (part), 2010)
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