17.32.020 GENERAL REQUIREMENTS FOR AFFORDABLE HOUSING.
   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:
TABLE 17.32.020-1
PRICE LIMITS FOR AFFORDABLE HOUSING UNITS
 
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)