Chapter 18.185
AFFORDABLE HOUSING
Sections:
18.185.040 Inclusionary housing requirements.
18.185.050 Density bonus program.
18.185.060 Affordable housing incentive program.
18.185.070 Affordable housing agreements.
18.185.080 Application requirements and review.
18.185.090 Duration of affordability.
18.185.100 Compliance monitoring fees.
18.185.010 Purpose.
A. The purpose of this chapter is to facilitate and encourage the development of housing affordable to a broad range of households with varying income levels within the city. It is intended to implement the city’s general plan housing element policies and programs pertaining to providing housing to all economic segments, with specific focus on addressing the need for housing affordable to very low-, low-, and moderate-income households. In addition, this chapter is intended to ensure that at least a minimum percentage of units affordable to very low-, low-, and/or moderate-income households is included within new residential developments and that appropriate incentives are established to encourage the inclusion of affordable units beyond the stated minimum. This chapter is further intended to allow for density bonuses and related incentives consistent with state Density Bonus Law.
B. Terms referenced in this section are defined in CDC 18.20.030 under the subheading “Affordable Housing Definitions.” [Ord. 24-1 § 7 (Exh. B); Ord. 12-4. DC 2012 § 122-576].
18.185.020 Applicability.
A. The provisions of this chapter apply to residential development projects. More specific applicability provisions are noted below:
1. CDC 18.185.040 (Inclusionary housing requirements) requires the inclusion of a minimum percentage of affordable housing units in all projects with five or more units, with the exception of projects noted in CDC 18.185.040(B). Alternative measures for compliance with this section, including, but not limited to, the payment of in-lieu fees or providing off-site affordable units are provided in the event that development of inclusionary units as part of the project is not feasible.
2. CDC 18.185.050 (Density bonus program) allows increased housing densities with a corresponding increase in affordable housing units consistent with state of California density bonus requirements.
3. CDC 18.185.060 (Affordable housing incentive program) includes incentives for projects incorporating affordable units and permits density bonuses above those provided under CDC 18.185.050, in accordance with the Concord housing element. CDC 18.185.060 is only applicable in specified districts where high-density multifamily housing and residential mixed-use development is permitted. The provisions of CDC 18.185.060 are intended as an alternative to those in CDC 18.185.050 for qualifying projects, and are not cumulative. Projects using the density bonus provisions of CDC 18.185.060 are not eligible for additional bonuses under CDC 18.185.050.
B. Affordable housing units are units which are specifically designated for very low-, low-, or moderate-income households.
C. The standards in this chapter are supplemental to, and supersede when in conflict with, the standards in the applicable districts in Division II of this title (Zoning Districts – Uses and Standards) and in other divisions of the development code, except that the provisions of Chapter 18.530 CDC (Nonconforming Uses, Structures, and Parcels) and Chapter 18.535 (Nonconforming Physical Improvements/Property Upgrades) shall apply in all cases. [Ord. 24-1 § 7 (Exh. B); Ord. 12-4. DC 2012 § 122-577].
18.185.030 Review authority.
A. The community development department shall be the review authority for residential development projects containing affordable housing units. All applications for density bonuses, concessions, incentives, and waivers shall be reviewed by the community development director.
B. Design and site review, as described in Chapter 18.415 CDC, is required, unless exempted under CDC 18.415.030, for all new affordable housing developments in all districts. This includes projects in which only a portion of the units are designated as affordable as well as those that are 100 percent affordable.
C. Projects containing affordable housing units are subject to all permit requirements and permitting procedures established by Division VII of this title (Permits and Permit Procedures). All predevelopment and public notice provisions established by that division shall apply.
D. The review authority for density bonuses and for the modifications to development standards identified in CDC 18.185.060 shall be the community development department. The review authority may deny a density bonus by making those findings required by state Density Bonus Law. Such denials are appealable to the city council. As indicated by Division VII of this title (Permits and Permit Procedures), planning commission and/or city council approval shall only be required where a use permit or major subdivision approval is required, where a decision is being appealed, or where actions related to financial incentives or agreements are included. [Ord. 24-1 § 7 (Exh. B); Ord. 12-4. DC 2012 § 122-578].
18.185.040 Inclusionary housing requirements.
A. Applicability. The following requirements shall apply to all residential development projects of five or more units. No application for a general plan amendment, rezoning, tentative subdivision map, parcel map, use permit, design and site review, hillside development use permit, planned development use permit, or building permit for a new residential development project shall be approved, nor shall any such new residential development project be constructed or occupied, without compliance with this chapter, except as noted in subsection (B) of this section (Exemptions).
1. All residential ownership projects, including condominiums, and rental projects shall either include the minimum number of inclusionary units required under subsection (C) of this section (Required Number of Inclusionary Units), or provide an alternative means of compliance pursuant to subsection (D) of this section (Alternative Means of Compliance).
2. If inclusionary housing units are provided, an affordable housing agreement governing the number, size, and location of affordable units, and terms of their use, shall be required pursuant to CDC 18.185.070.
B. Exemptions. This chapter shall not apply to the following:
1. A residential project consisting solely of the construction of one to four single-family dwelling units; or
2. The reconstruction of any dwelling units that were destroyed by a fire, flood, earthquake, or other act of nature; or
3. A development project that is converting an existing office building that has been available for commercial uses for a minimum of five years to a residential use.
C. Required Number of Inclusionary Units.
1. Basic Requirement. The affordability and required number of inclusionary units to be provided shall vary depending upon the total number of dwelling units in the project in accordance with Table 18.185.040.
|
Project Size and Type |
Inclusionary Requirement |
|---|---|
|
Residential Ownership Projects |
15% of the total number of ownership units within a residential development project shall be inclusionary units (7.5% of all units in the project shall be low-income units and 7.5% of all units in the project shall be moderate-income units). The first inclusionary unit shall be a moderate-income unit, the second shall be a low-income unit, and this pattern shall then repeat for all subsequent inclusionary units. |
|
Residential Rental Projects |
6% of the total number of rental units in a residential development project shall be inclusionary units (1% of all units in the project shall be very low-, 1% of all units in the project shall be low-, and 4% of all units in the project shall be moderate-income units). The first inclusionary unit shall be a moderate-income unit, the second inclusionary unit shall be a low-income unit, the third unit shall be a moderate-income unit, the fourth unit shall be a very low-income unit, the fifth and six units shall be moderate-income units, and this pattern shall then repeat for all subsequent inclusionary units. |
2. Density Bonus Units. Affordable units under Density Bonus Law and meeting the levels of affordability in Table 18.185.040 shall count toward meeting the number of inclusionary units required under this section.
3. Fractional Units. When the application of the percentages set forth above (15 percent for residential ownership and six percent for residential rental) results in a number that includes a fractional unit, the fraction shall be rounded up to the next whole number if the fraction is one-half or more. If the result includes a fraction below one-half, the developer shall have the option of either rounding up to the next whole number and providing an additional inclusionary unit, or paying an in-lieu fee calculated by multiplying the fractional unit amount by the in-lieu fee set forth by that resolution per subsection (D)(1) of this section.
4. Projects of Five to Nine Units. The developer of a residential project containing from five to nine units, inclusive, shall have the option of either providing one inclusionary unit or selecting an alternative means of compliance. If a developer selects to pay an in-lieu fee, the amount shall be in conformance with subsection (C)(3) (Fractional Units) of this section.
D. Alternative Means of Compliance. As an alternative to providing the required number of inclusionary units on site, a developer may select an alternative below to achieve compliance with this section.
1. In-Lieu Fees.
a. Amount. For residential rental projects, a fee may be paid in lieu of providing inclusionary units on site. For residential ownership projects, payment of the in-lieu fee is only allowed for fractional units and for projects comprised of five to nine units. The fee shall be set by resolution of the city council and shall be an amount sufficient to pay the proportionate cost of providing inclusionary units elsewhere in the city. The fee may be periodically reviewed and updated by the city.
b. Use. All fee revenues shall be deposited in a restricted fund dedicated for the development of housing affordable to very low-, low-, and/or moderate-income households. Fees may also be used for administration of city affordable housing programs and to administer fair housing requirements for affordable units.
c. Timing of Payment. In-lieu fees shall be paid prior to issuance of a building permit or as otherwise provided in the conditions of approval.
d. Purpose of In-Lieu Fees. Any in-lieu fee adopted by the city council is an alternative to the provision of on-site inclusionary units as otherwise required by subsection (C) of this section to ensure a more balanced housing supply for the general welfare of the public. The in-lieu fee may only be combined with providing inclusionary units on site when it is in lieu of providing a fractional unit below one-half.
2. Off-Site Alternatives.
a. As an alternative to the provision of on-site inclusionary units pursuant to this chapter, a developer for a residential project may propose a plan for providing affordable housing units at an off-site location within the city of Concord, as follows:
i. Acquire existing unrestricted multifamily units located elsewhere within the city and substantially rehabilitate those dwelling units. At least two rehabilitated dwelling units shall be provided for each inclusionary unit required pursuant to this chapter.
ii. Construct new affordable residential dwelling units. At least two new dwelling units shall be provided for each inclusionary unit required pursuant to this chapter.
b. Any new or rehabilitated dwelling units shall be regulated pursuant to an affordable housing agreement, as applicable, between the developer and the city pursuant to CDC 18.185.070 (Affordable housing agreements).
c. All off-site inclusionary units must be rehabilitated or constructed and occupied prior to or concurrently with the market-rate units for the related residential project. For phased residential projects, the required number of inclusionary units at each affordability level per phase shall be constructed and occupied in proportion to the total number of dwelling units in each phase of the project.
3. The developer may partner with a nonprofit affordable housing provider to meet its inclusionary housing obligations through one of the alternatives set forth in this subsection.
4. Authority to act on off-site alternative proposals shall rest with the final review authority regarding the underlying application.
E. Design Standards. The following design standards shall apply to all inclusionary units constructed pursuant to this chapter:
1. Inclusionary units shall be dispersed throughout the residential project and shall have access to all on-site amenities that are available to market-rate units.
2. The construction quality and exterior design of inclusionary units shall be the same as the market-rate units by including the same exterior materials, roof forms and pitches, window treatments, and landscaping. However, inclusionary units may be smaller in unit and lot size by 15 percent of the average square footage of the market-rate units and lot and have alternative interior finishes.
3. The average number of bedrooms for all inclusionary units must be equivalent to the average number of bedrooms for market-rate units within the same residential project. When the average bedroom count results in a fraction, rounding shall occur pursuant to CDC 18.10.050(H).
F. Timing of Construction and Occupancy. All inclusionary units must be constructed and occupied prior to or concurrently with the market-rate units within the same residential development project. For phased residential development projects, the required number of inclusionary units at each affordability level per phase shall be constructed and occupied in proportion to the total number of dwelling units in each phase of the project.
G. Development Incentives.
1. The city may grant one or more of the following affordable housing development incentives in order to mitigate the financial impact of this chapter’s requirements on a particular residential project:
a. Provision of housing set-aside funds, tax exempt financing, or other financial assistance, as approved by the city council.
b. A density bonus, incentive, concession, and/or waiver authorized pursuant to Density Bonus Law.
c. Modification of zoning or development standards as described in CDC 18.185.060 (Affordable housing incentive program) for projects seeking a density bonus above and beyond the inclusionary housing requirements, as negotiated with and approved by the city. Authority to act on a request for these development incentives shall rest with the final review authority regarding the underlying application.
d. Expedited processing of a development application and/or deferral of development fees, as authorized by the city manager or designee. The terms and payment schedule for any deferred development fees shall be subject to the approval of the city manager or designee and shall be incorporated into an affordable housing agreement. Fees shall not be deferred any later than occupancy of the first dwelling unit in the residential project.
2. No development incentive shall be provided by the city pursuant to this section unless the developer enters into an affordable housing agreement consistent with CDC 18.185.070.
H. Waivers or Adjustments. The city council may approve a reduction or waiver of the requirements of this chapter for residential projects which: (1) are the subject of a disposition and development agreement, owner participation agreement, acquisition agreement, or other arrangement with the city of Concord; and (2) are receiving assistance from the city of Concord, such as relocation of occupants, acquisitions and disposition of land for site assemblage, use of eminent domain, write-down of land costs, fee waivers, or other forms of direct city assistance. The city may also adjust or waive the requirements of this chapter if the developer demonstrates that its strict application would effect a taking of private property without just compensation or otherwise constitute a violation of the United States Constitution, California Constitution or other applicable federal or state laws. Any developer requesting a reduction or waiver must submit a pro forma and such other financial analysis sufficient to support a determination that the reduction or waiver is necessary to ensure the economic feasibility of the project. Consistent with its responsibilities under the Public Records Act, the city shall take reasonable steps to protect the confidentiality of any proprietary financial information submitted by the developer.
I. Allocation Priority. In the event that there exists a greater number of qualified persons than the number of available inclusionary units for any residential project subject to this chapter, then first priority for allocating available inclusionary units shall be given to qualified purchasers or renters who live or work within the city of Concord. [Ord. 24-1 § 7 (Exh. B); Ord. 12-4. DC 2012 § 122-579].
18.185.050 Density bonus program.
A. Purpose. The purpose of this chapter is to provide incentives for the production of housing for lower income households (which, as set forth in California Health and Safety Code Section 50079.5(b), includes very low- and extremely low-income households) and senior citizen households in accordance with Density Bonus Law. Density Bonus Law directs the city to provide density bonuses and/or other concessions or incentives under certain circumstances, in order to encourage the construction of low-income housing. Other concessions or incentives, for example, could include the reduction or waiver of permit fees and/or utility fees and/or the provision of financial assistance in constructing public improvements. Density Bonus Law also directs the city to adopt an ordinance specifying how the city will comply with these provisions.
B. Applicability. The city may grant a density bonus for projects meeting the requirements of Density Bonus Law.
C. Review Procedure.
1. The developer shall submit to the community development department all materials as required by the checklist.
2. The review authority shall evaluate the application based on the following criteria:
a. The potential for the density bonus project to achieve the city’s affordable housing goals as set forth in the housing element of the general plan;
b. The extent to which requested incentives or concessions are necessary to make the project economically feasible;
c. The compatibility of the project’s development pattern with other land uses in the vicinity; and
d. The project’s compliance with the city’s general plan, zoning, and development policies.
3. The review authority shall grant the incentives and concessions unless written findings can be made, based on substantial evidence, as specified in Density Bonus Law.
4. An executed affordable housing agreement is required for all residential developments for which a density bonus and/or incentives, concessions, or waivers of development standards have been approved prior to the issuance of a building permit. The agreement shall be filed and recorded as a deed restriction on the property. The city shall provide periodic monitoring of compliance with the provisions of the deed restriction. [Ord. 24-1 § 7 (Exh. B); Ord. 12-4. DC 2012 § 122-580].
18.185.060 Affordable housing incentive program.
A. Purpose. The purpose of the affordable housing incentive program is to provide incentives above and beyond those offered by the density bonus program in CDC 18.185.050 (Density bonus program) in order to encourage the development of affordable and mixed income housing, consistent with the Concord housing element. The development standards listed in this section modify those established in other applicable divisions of the development code. The standards are intended to help Concord meet its fair share of the region’s affordable housing needs while improving and complementing the design of surrounding neighborhoods, protecting the use and enjoyment of neighboring properties, and promoting economic and environmental sustainability.
B. Applicability.
1. The provisions of this section shall apply to residential and mixed-use projects in the RM (residential medium density), RH (residential high density), community office (CO), NC (neighborhood commercial), CMX (commercial mixed-use), DMX (downtown mixed-use), and DP (downtown pedestrian) districts.
2. Where parcels within these districts are also covered by a transit station overlay designation and are proposed for qualifying affordable housing developments, the provisions in this section relating to additional density, additional floor area ratio, and reduced parking shall supersede those in Chapter 18.105 CDC (Transit Station Overlay District (TS)).
3. Where parcels within these zones are also covered by an airport overlay designation, all requirements of Chapter 18.100 CDC (Airport Overlay District (A)) shall apply.
4. Projects utilizing the density bonus provisions in this section are not eligible for additional density bonuses pursuant to CDC 18.185.050. The intent of the affordable housing incentive program is to provide an alternative to the density bonus program, and the bonuses are not additive.
C. Eligibility. The provisions of this section shall apply to all projects in eligible zoning districts meeting the following criteria:
1. For rental projects, at least 20 percent of the units in the project must be affordable to very low-income households. Another 20 percent must be either affordable to low- or very low-income households. The total percentage of affordable units in the project must be at least 40 percent.
2. For for-sale projects, at least 20 percent of the units must be affordable to low- or very low-income households. Another 20 percent must be affordable to households earning up to the area-wide median income (e.g., 100 percent AMI). The total percentage of affordable units in the project must be at least 40 percent.
3. Development projects exceeding the affordability thresholds identified in subsection (C)(1) and (2) of this section are eligible for the provisions of this section.
4. A minimum parcel area of at least 10,000 square feet (prior to any subdivision associated with the proposed project) is required for a project to be eligible for the provisions of this section.
D. Increased Density and Floor Area Ratio. Qualifying affordable and mixed income housing developments may utilize the density and FAR standards in Table 18.185.060(A), in lieu of the density and FAR standards in Division II of this title.
|
Zone |
Maximum Base Density (specified in Division II of this title) |
Modified Density for Qualifying Projects |
Maximum Base FAR (specified in Division II of this title) |
Modified FAR for Qualifying Projects(2) |
|---|---|---|---|---|
|
RM |
1 unit per 1,360 SF lot area (32 DU/AC) |
1 unit per 970 SF lot area (40 percent bonus) |
N/A |
N/A |
|
RH |
1 unit per 435 SF lot area (100 DU/AC) |
1 unit per 300 SF lot area (45 percent bonus) |
N/A |
N/A |
|
NC |
1 unit per 1,815 SF lot area (24 DU/AC) |
1 unit per 1,300 SF lot area (40 percent bonus) |
0.35 |
1.0 |
|
CO |
1 unit per 1,360 SF lot area (32 DU/AC) |
1 unit per 970 SF lot area (40 percent bonus) |
1.0 |
1.4 |
|
CMX |
1 unit per 1,090 SF lot area (40 DU/AC) |
1 unit per 750 SF lot area (45 percent bonus) |
1.0 |
1.5 |
|
DMX |
1 unit per 435 SF lot area (100 DU/AC) |
1 unit per 300 SF lot area (45 percent bonus) |
6.0 |
6.0 |
|
DP |
1 unit per 435 SF lot area (100 DU/AC) |
1 unit per 300 SF lot area (45 percent bonus) |
4.0 |
4.0 |
|
TS overlay |
Add 25 percent to base densities above |
Where 40 percent bonus is indicated above, replace with 50 percent. Where 45 percent bonus is indicated above, replace with 55 percent. |
Add 25 percent to base FAR above |
Add 20 percent to base FAR above |
(1) All densities are based on net developable area, excluding streets and unbuildable portions of the property.
(2) FAR applies to mixed-use projects only. Projects that are 100 percent residential are not subject to an FAR requirement.
E. Lot Area and Dimension. Qualifying affordable and mixed income housing developments may utilize the lot area and dimension standards in Table 18.185.060(B), in lieu of the lot area and dimension standards in Division II of this title.
|
Zone |
Base Minimum Lot Size (as specified in Division II of this title) |
Base Minimum Lot Width (as specified in Division II of this title) |
Base Minimum Lot Depth (as specified in Division II of this title) |
|||
|---|---|---|---|---|---|---|
|
RM |
1,920 (detached) 1,440 (attached) |
1,800 (detached) 1,200 (attached) |
24 feet (detached) 18 feet (attached) |
22 feet (detached) 16 feet (attached) |
80 feet (detached) 60 feet (attached) |
70 feet (detached) 50 feet (attached) |
|
RH |
5,000 |
4,000 |
50 feet |
40 feet |
100 |
80 feet |
|
NC |
10,000 |
10,000 |
100 feet |
100 feet |
100 feet |
100 feet |
|
CO |
10,000 |
5,000 |
100 feet |
50 feet |
100 feet |
80 feet |
|
CMX |
10,000 |
5,000 |
100 feet |
50 feet |
100 feet |
80 feet |
|
DMX |
10,000 |
5,000 |
100 feet interior 110 feet corner |
50 feet interior 60 feet corner |
100 feet |
80 feet |
|
DP |
5,000 |
4,000 |
50 feet interior 60 feet corner |
40 feet interior 50 feet corner |
100 feet |
80 feet |
|
TS overlay |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
(*) Lots smaller than the standards listed here may be created within a multifamily development that is subdivided into individual fee simple units.
F. Lot Coverage. Qualifying affordable and mixed income housing developments in the RM and RH districts may utilize the lot coverage standards in Table 18.185.060(C), in lieu of the lot coverage standards in Division II of this title.
|
Zone |
Base Maximum Lot Coverage (as specified in Division II of this title) |
Modified Maximum Lot Coverage for Qualifying Projects |
|---|---|---|
|
RM |
60 percent (detached) 80 percent (attached) |
70 percent (detached) 85 percent (attached) |
|
RH |
75 percent |
85 percent |
(*) For RM and RH zones only. Development in NC, CMX, DP, and DMX is not subject to lot coverage standards. Lot coverage for RH is for the entire project site. Where an RH site is subdivided into small fee simple parcels (e.g., condominiums), there is no lot coverage limit for the individual units.
G. Height. Qualifying affordable and mixed income housing developments may utilize the height standards in Table 18.185.060(D), in lieu of the height standards in Division II of this title.
|
Zone |
Base Maximum Height (as specified in Division II of this title) |
|
|---|---|---|
|
RM |
4 stories/40 feet |
45 feet |
|
RH |
6 stories/60 feet |
75 feet |
|
NC |
40 feet |
45 feet |
|
CO |
30 feet |
45 feet |
|
CMX |
30 feet |
45 feet |
|
DMX |
200 feet |
200 feet |
|
DP |
70 feet |
85 feet |
|
TS overlay |
N/A |
Add 20 percent to figures above |
H. Setbacks. Qualifying affordable and mixed income housing developments shall be eligible for a 20 percent reduction in the setback standards that are otherwise required for each zone under Division II of this title, except as noted in subsection (I) of this section (Transitional Requirements). In the DMX zone, a 50 percent reduction in the required front setback shall be permitted (five feet instead of 10 feet).
I. Transitional Requirements. Qualifying affordable and mixed income housing developments shall be subject to all transitional requirements established by CDC 18.150.180 (Transitional requirements), including height limits and setbacks on properties abutting lower density residential zones.
J. Open Space. Qualifying affordable and mixed income housing developments may utilize the open space standards in Table 18.185.060(E), in lieu of the open space standards in CDC 18.150.100.
|
Zone |
Base On-Site Open Space Sq. Ft./Unit (As Specified in Division II of This Title) |
Modified On-Site Open Space/Unit for Qualifying Projects |
Modified On-Site Open Space/Unit for Qualifying Projects if within 500 Feet of a Public Park One Acre or Larger |
|---|---|---|---|
|
RM |
200 SF/unit, 60 SF of which must be private (*) |
175 SF/unit, 60 SF of which must be private |
150 SF/unit, 60 SF of which must be private |
|
RH |
200 SF/unit, 60 SF of which must be private |
125 SF/unit, 50 SF of which must be private |
100 SF/unit, 40 SF of which must be private |
|
NC |
200 SF/unit, 60 SF of which must be private |
150 SF/unit (private and/or common) |
125 SF/unit (private and/or common) |
|
CO |
200 SF/unit, 60 SF of which must be private |
150 SF/unit (private and/or common) |
125 SF/unit (private and/or common) |
|
CMX |
200 SF/unit, 60 SF of which must be private |
150 SF/unit (private and/or common) |
125 SF/unit (private and/or common) |
|
DMX |
200 SF/unit, 60 SF of which must be private |
100 SF/unit (private and/or common) |
75 SF/unit (private and/or common) |
|
DP |
200 SF/unit, 60 SF of which must be private |
100 SF/unit (private and/or common) |
75 SF/unit (private and/or common) |
|
TS overlay |
No further reduction beyond what is specified above |
No further reduction beyond what is specified above |
No further reduction beyond what is specified above |
(*) Higher standards apply in small lot subdivisions. See Chapter 18.155 CDC.
K. Parking.
1. Qualifying affordable and mixed income housing developments may utilize the parking standards in Table 18.185.060(F), in lieu of the parking requirements in Division IV of this title.
|
Bedroom Count |
Base Parking Standards |
Modified Parking Standards for Qualifying Affordable Housing Developments |
Modified Parking Standards for Qualifying Affordable Housing Developments within 0.5 Mile of BART |
|---|---|---|---|
|
Studio |
1 |
0.67 |
0.5 |
|
1 bedroom |
1.5 |
1 |
0.75 |
|
2 bedroom |
2 |
1.5 |
1 |
|
3+ bedroom |
2.5 spaces, plus 0.5 space for each additional bedroom above 3 |
1.75 spaces plus 0.25 spaces for each additional bedroom above 3 |
1.25 spaces plus 0.25 spaces for each additional bedroom above 3 |
|
Guest spaces |
1 space for each four units |
None required |
None required |
|
TS overlay |
Can reduce above requirements by 25 percent |
Can reduce above requirements as noted in the last column of this table |
N/A |
2. As indicated in Chapter 18.160 CDC (Parking, Loading, and Access), the review authority may grant further reductions for senior and special needs housing based on quantified information provided by the applicant that documents the need for fewer spaces.
3. Other parking standards prescribed by Chapter 18.160 CDC (Parking, Loading, and Access) continue to apply, to the extent they do not conflict with the numeric requirements of this table.
4. Pursuant to California Government Code Section 65915(p)(2), an affordable or mixed income housing development may meet a portion of its on-site parking requirement through tandem and/or uncovered spaces.
5. Affordable housing developments in the DP and DMX zones which are within an established vehicle parking district may pay an in-lieu parking fee as prescribed by CDC 18.160.060(B) (In-Lieu Fees) rather than providing required parking on site or off site.
L. Use Permit Requirements. As indicated in Table 18.185.060(G), the following adjustments to allowed uses and permit requirements shall be permitted for qualified affordable and mixed income housing developments:
|
Zone |
Use Allowances and Permit Requirements for Multifamily Residential Use, as Specified in Division II of This Title |
Use Allowances and Permit Requirements for Qualifying Affordable Housing and Mixed Income Projects(1) |
|---|---|---|
|
RM |
Zoning Clearance Only |
Zoning Clearance Only |
|
RH |
Zoning Clearance Only |
Zoning Clearance Only |
|
NC |
Major Use Permit |
Major Use Permit |
|
CO |
Major Use Permit |
Minor Use Permit |
|
CMX |
Zoning Clearance Only |
Zoning Clearance Only |
|
DMX |
Major Use Permit |
Zoning Clearance Only |
|
DP |
Major Use Permit |
Minor Use Permit |
(1) Limitations on ground floor residential uses apply in the NC and DP zones, as noted in Division II of this title. Ground floor residential uses are not permitted in the NC zone and are not permitted on sites facing Todos Santos Plaza in the DP zone. At the discretion of the review authority, a project which meets the affordability criteria listed in this chapter located on a site of at least two acres in the NC zone may include ground floor residential uses, provided the ground floor street frontage is developed with commercial use and residential uses occupy less than 50 percent of the ground floor area.
M. Additional Incentives. Consistent with the density bonus provisions established by CDC 18.185.050, affordable and mixed income housing developments are eligible for additional incentives, including expedited permit processing, reduced or deferred fees, and direct financial aid through housing assistance programs.
N. Neighborhood Meeting. Consistent with Chapter 18.405 CDC (Permit Application Filing and Processing), a neighborhood meeting shall be required following submittal of an application to the planning division for any project requesting affordable housing incentives that is located within a residential zoning district or within 300 feet of a low density residential (RR, RS, RL) zoning district, as measured from the edge of the parcel. Public notification for this meeting shall comply with the city’s notification requirements and procedures, including mailed or delivered notices to all properties within 500 feet of the subject parcel.
O. Duration of Affordability. The term of affordability for units approved under this program shall comply with CDC 18.185.090 (Duration of affordability). [Ord. 24-1 § 7 (Exh. B); amended during 2014 recodification; Ord. 12-4. DC 2012 § 122-581].
18.185.070 Affordable housing agreements.
A. Any project subject to the inclusionary housing requirements of CDC 18.185.040 or utilizing the density bonus or development incentives of CDC 18.185.050 or 18.185.060 shall require the developer to enter into an affordable housing agreement. The form and contents of the agreement shall be consistent with the provisions of Sections 65864 to 65869 of the California Government Code and shall be subject to review by the city attorney in consultation with the community development department. Affordable housing agreements shall be recorded against the property prior to the issuance of building permits in order to ensure implementation of the requirements of this chapter.
B. The agreement shall include, but is not limited to, the following:
1. The total number of units approved for the development, including the number of affordable housing units;
2. The location, unit sizes (in square feet), lot size (in square feet, if applicable), and number of bedrooms of the affordable housing units;
3. A description of the household income groups to be accommodated by the project and a calculation of the affordable rent or sales price;
4. The party responsible for certifying sales prices or annual rental rates, and the process that will be used for certification;
5. A schedule for the completion and occupancy of the affordable housing units;
6. Duration of affordability for the affordable housing units, including provisions for resale and deed restrictions on affordable housing units that are binding on property upon sale or transfer;
7. Provisions covering the expiration of the agreement, including notice prior to conversion to market-rate units and a right of first refusal for the city and/or the distribution of accrued equity for for-sale units;
8. A description of the remedies for breach of the agreement by either party.
C. Additional Agreement Provisions for For-Sale Housing. In the case of for-sale housing, the affordable housing agreement shall provide the following conditions governing the initial resale and use of affordable units:
1. Affordable units shall, upon initial sale, be sold to eligible low- or moderate-income households at an affordable sales price and housing cost, or to qualified households as defined by the development code.
2. The initial purchaser of each affordable unit shall execute an instrument or agreement approved by the city restricting the sale of the unit in accordance with this chapter during the affordability term. Such instrument or agreement shall be recorded against the parcel and shall contain such provisions as the city may require in order to ensure continued compliance with this chapter.
3. Affordable units which are initially owner-occupied may not be rented by the owner, except in cases of substantial hardship including, but not limited to, active military duty and illness, and on specified terms as provided in the affordable housing agreement acceptable to the community development director.
4. The maximum sales price permitted on resale of an affordable unit shall be the lower of: (a) fair market value or (b) the seller’s lawful purchase price, increased by the rate of increase of area median income during the seller’s ownership. The sales price may also be modified to account for capital improvements made by the seller, deferred maintenance, and the seller’s necessary costs of sale. The city shall enter into an equity sharing agreement in accordance with Government Code Section 65915(c) to address disposition of proceeds upon resale.
5. The city may suspend resale restrictions on for-sale units in the event they create an economic hardship for the owner due to periods of significant real estate market decline, based on the criteria defined in the city of Concord’s inclusionary housing program guidelines.
6. The resale restrictions shall provide an option to the city to purchase any affordable owner-occupancy unit at the maximum price which could be charged to a purchaser household, at any time the owner proposes sale.
D. Additional Agreement Provisions for Rental Housing. In the case of rental housing development, the affordable housing agreement shall provide for the following conditions governing the use of affordable units during the use restriction period:
1. The rules and procedures for qualifying households, establishing affordable rent rates, filling vacancies, and maintaining affordable units for qualified households;
2. Provisions requiring owners to verify household incomes and maintain books and records to demonstrate compliance with this section;
3. Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying affordable units, and which identifies the bedroom size and monthly rent or cost of each affordable unit; and
4. A requirement to apply the same rental terms and conditions to the households of affordable units as are applied to other households, except as required to comply with this chapter (for example, rent levels) or with other applicable government subsidy programs. Discrimination against persons receiving housing assistance is prohibited. [Ord. 24-1 § 7 (Exh. B); Ord. 12-4. DC 2012 § 122-582].
18.185.080 Application requirements and review.
A. Submittal Requirements. An developer seeking a density bonus, development concession or incentive, and/or other affordable housing program incentive pursuant to CDC 18.185.050 or 18.185.060 shall submit an application which complies with the submittal requirements set by Division VII of this title (Permits and Permit Procedures). If not already included in that submittal, the following additional information shall be required:
1. The total number of units in the project;
2. The number and affordability level of proposed affordable housing units or other units to be produced through density bonus provisions;
3. The zoning and general plan designations and assessor parcel number(s) of the project site;
4. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway, and parking layout;
5. If a concession or incentive is requested, the application shall describe each specific development concession or incentive sought, and why it is necessary to provide the affordable units;
6. If requesting a density bonus based on land donation, information sufficient for the city to determine that the proposed donation conforms with the requirements of Density Bonus Law;
7. If requesting an additional density bonus or incentive based on the inclusion of a child care facility in accordance with Density Bonus Law as specifically set forth in Government Code Section 65915(h), the application must:
a. Provide the location of the proposed child day care facility and the proposed operator;
b. Agree to have contracted with a child day care facility operator for operation of the child day care facility before the first building permit is issued;
c. Agree that the child day care facility will be in operation when the first certificate of occupancy is issued; and
B. An application for a density bonus, development incentive or concession, or other affordable housing program incentive shall be processed concurrently with any other application(s) required for the development project. Final approval or disapproval of an application shall be made by the review authority unless direct financial assistance is requested. If direct financial assistance is requested, the city council shall have the sole authority to make the final decision on the application.
C. Following receipt of the application and in a manner consistent with the Permit Streamlining Act and Chapter 18.405 CDC (Permit Application Filing and Processing), the city shall provide to a developer a letter which identifies project issues of concern and the procedures for compliance with this chapter. The planning division shall inform the developer that the requested concession(s) or incentive(s) shall be recommended for consideration with the proposed housing development, or that alternative or modified concession(s) or incentive(s) shall be recommended.
D. The review authority provisions established by CDC 18.185.030 (Review authority) and Division VII (Permits and Permit Procedures) of this title shall apply to all applications for a density bonus or affordable housing incentive or concession. [Ord. 24-1 § 7 (Exh. B); Ord. 12-4. DC 2012 § 122-583].
18.185.090 Duration of affordability.
The duration of affordability for units created through the inclusionary housing, density bonus, or affordable housing incentive provisions of this chapter shall be as follows:
A. The affordable sales price for ownership units shall be restricted for a period of 45 years pursuant to an affordable housing agreement recorded against the property. Resale restrictions may be released on a case-by-case basis by the city manager or designee due to undue hardship or a severe downturn in the residential real estate market, as detailed in the affordable housing agreement.
B. The monthly rent for affordable rental units shall be restricted for a period of 55 years pursuant to an affordable housing agreement recorded against the property. [Ord. 24-1 § 7 (Exh. B); Ord. 12-4. DC 2012 § 122-584].
18.185.100 Compliance monitoring fees.
The city council by resolution may establish compliance monitoring fees to recover the city’s actual, reasonable costs incurred for ongoing implementation of this chapter. For affordable ownership units, the fee shall be payable by the developer or future seller of the property at the time of each sale or transfer during the term of the applicable affordable housing agreement. For affordable rental units, the property owner shall pay an annual fee each year during the term of the applicable affordable housing agreement. [Ord. 24-1 § 7 (Exh. B); Ord. 12-4. DC 2012 § 122-585].