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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)
A. In the Affordable Housing Plan that is prepared and approved in accordance with Section 17.32.070 (Affordable Housing Plan Processing), the applicant shall identify the incentives or modifications requested and describe the exceptional circumstances that necessitate assistance from the city, as well as provide documentation of how such incentives increase the feasibility of providing affordable housing. Incentives will be offered only to the extent resources for this purpose are available and approved for such use by the City Council, as defined below, and to the extent that the project, with the use of incentives, assists in achieving the city's housing goals. Nothing in this chapter establishes, directly or through implication, a right of an applicant to receive any incentive from the city.
B. The following incentives may be approved for applicants who construct affordable housing units on-site:
1. Density Bonus. Consistent with California Government Code Sections 65915 through 65918, qualifying projects can receive a density bonus by right. Density bonus requirements are outlined in Chapter 17.38 (Density Bonus) of this code.
2. Fee Subsidy or Deferral. The City Council, by resolution, may subsidize or defer payment of city development impact fees and/or building permit fees applicable to the affordable housing units or the project of which they are a part. The affordability control covenant shall include the terms of the fee subsidy or deferral.
3. Design Modifications. The granting of design modifications relative to affordable housing requirements shall require approval of the City Council and shall meet all applicable zoning requirements of the city. Modifications to typical development standards may include the following:
a. Reduced minimum setbacks;
b. Reduced minimum building separation requirements;
c. Reduced square footage requirements;
d. Reduced parking requirements;
e. Reduced minimum lot sizes and/or dimensions;
f. Reduced street standards (e.g., reduced minimum street widths);
g. Reduced on-site open space requirements;
h. Increased height limitations;
i. Increased maximum lot coverage;
j. Increased floor area ratio;
k. Allowance for live-work units within multi-family residential zoning districts;
l. In lieu of reduced setbacks, allowance for attached dwelling units, if shown to be necessary to make the project feasible; or
m. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions.
n. Priority Processing. After receiving the required discretionary approvals, the residential development that provides affordable housing units may be entitled to priority processing of building and engineering approvals, subject to the approval of the City Manager. (Ord. 2010-02 § 1 (part), 2010)
Affordable housing units constructed pursuant to this chapter must conform to the following requirements:
A. Design. Except as otherwise provided in this chapter, affordable housing units shall be integrated within and reasonably dispersed throughout the project and shall be comparable in infrastructure (including sewer, water, and other utilities), construction quality, exterior design, and materials to the market-rate units. Affordable housing units may have different interior finishes and features than market-rate units so long as the interior features are durable, of good quality, and consistent with contemporary standards for new housing as determined by the Community Development Director.
B. Size. All affordable housing units shall reflect the range and numbers of bedrooms provided in the project as a whole, except that affordable housing units need not provide more than four (4) bedrooms.
C. Availability. All affordable housing units shall be constructed concurrently with and be made available for qualified occupants at the same time as the market-rate units within the same project unless the city and developer agree in the Affordable Housing Agreement to an alternative schedule for development.
D. Affordable Housing Agreement. An Affordable Housing Agreement shall be made a condition of the discretionary planning entitlements for all qualifying projects granted a density bonus, fee subsidy, fee deferral, or design modifications. The Affordable Housing Agreement shall include an affordable housing plan and shall be reviewed and approved by the City Council.
E. Duration of Affordability Requirement. Affordable housing units produced under this chapter must be legally restricted to occupancy by households of the income levels for which the units were designated pursuant to and in conformance with the requirements of this title, any other applicable city regulation, and state law. (Ord. 2010-02 § 1 (part), 2010)
A. Applicant Proposals. If it is not practical to construct on-site affordable housing units, the city will consider alternatives of equal value. Accordingly, the applicant may propose an alternative means of compliance with this chapter by submitting to the city an affordable housing plan. One (1) alternative the applicant may consider is the construction of affordable housing units, subject to the requirements listed below:
1. Off-site construction. All or some of the required affordable housing units may be constructed off-site if the Planning Commission (or City Council on appeal) finds that the combination of location, unit size, unit type, pricing, and timing of availability of the proposed off-site affordable housing units would provide equivalent or greater benefit than would result from providing those affordable housing units on-site as might otherwise be required by this chapter. Prior to the recordation of the final subdivision map for the proposed residential development, the applicant shall post a bond, bank letter of credit, or other security acceptable to the Community Development Director, in the amount equivalent to the cost of land and improvements for the affordable housing units, as determined by the Community Development Director, to be used by the city to meet the goals of providing affordable housing in the city in the event that the off-site affordable housing units are not completed (as evidenced by the issuance of a certificate of occupancy for such units) according to the schedule stated in the affordable housing plan submitted by the applicant.
B. Discretion and Required Finding. The Planning Commission (or City Council on appeal) may approve, conditionally approve, or reject any alternative proposed by an applicant as part of an affordable housing plan. Any approval or conditional approval must be based on a finding that the purpose of this chapter would be better served by implementation of the proposed alternative, in which the Planning Commission or City Council should consider the extent to which other factors affect the feasibility of prompt construction of the affordable housing units, such as site design, zoning, infrastructure, clear title, grading, and environmental review.
(Ord. 2010-02 § 1 (part), 2010)
A. General. The submittal of an affordable housing plan and recordation of an approved city affordable control covenant shall be a precondition on the city approval of any Final Subdivision Map, and no building permit shall be issued for any development to which this chapter applies without full compliance with the requirement of this section. This section shall not apply to exempt projects.
B. Affordable Housing Plan. Every residential development to which this chapter applies shall include an affordable housing plan as part of the application submittal for either development plan approval or subdivision approval. No application for a tentative map, subdivision map, or building permit for a development to which this chapter applies may be deemed completed until an affordable housing plan is submitted to and approved by the Community Development Director as being complete. At any time during the formal development review process, the Community Development Director may require from the applicant additional information reasonably necessary to clarify and supplement the application or determine the consistency of the project's proposed affordable housing plan with the requirements of this chapter.
C. Required Plan Elements. An affordable housing plan must include the following elements or submittal requirements:
1. The number, location, structure (attached, semi-attached, or detached), and size (bedrooms, bathrooms, and square footage) of the proposed market-rate and affordable housing units and the basis for calculating the number of affordable housing units.
2. A floor or site plan depicting the location of the affordable housing units and the market-rate units.
3. The income levels to which each affordable housing unit will be made affordable.
4. The term of affordability for the affordable housing units.
5. The methods to be used to advertise the availability of the affordable housing units and the procedures for qualifying and selecting the eligible purchasers and/or tenants, including preference to be given, if any, to applicants who live or work in the city.
6. A schedule for completion and occupancy of the affordable housing units. For phased development, a phasing plan that provides for the timely development of the number of affordable housing units proportionate to each proposed phase of development.
7. A description of any incentives or modifications as listed in Section 17.32.040 (Incentives for On-Site Housing) including a description of exceptional circumstances that necessitate assistance from the city, as well as documentation of how such incentives increase the feasibility of providing affordable housing.
9. Any other information reasonably requested by the Community Development Director to assist with evaluation of the affordable housing plan under the requirements of this chapter.
D. Affordability Control Covenants. Prior to issuance of a grading permit or building permit, whichever is requested first, a standard City affordability control covenant must be approved and executed by the Community Development Director, executed by the applicant/owners, and recorded against the title of each affordable housing unit. If subdivision into individual property parcels has not been finalized at the time of issuance of a grading permit or building permit, an overall interim affordability control covenant shall be recorded against the residential development and shall be replaced by separate recorded affordability control covenants for each unit prior to issuance of a certificate of occupancy by the city for such units. The affordability control covenants must identify any incentives, modifications, or terms of any fee waiver, as permitted pursuant to Chapter 17.38 (Density Bonus), approved by the city. (Ord. 2010-02 § 1 (part), 2010)
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