Chapter 17.92
AFFORDABLE HOUSING OVERLAY COMBINING DISTRICT
Sections:
17.92.010 Purpose.
17.92.020 Establishment.
17.92.030 Definitions.
17.92.040 Requirements for inclusion of below market rate dwelling units.
17.92.010 Purpose.
The purpose of the affordable housing overlay (“AHO”) combining district established by this chapter is to:
A. Encourage the development of below market rate rental dwelling units for extremely low, very low and low income households on sites that are designated apartment residential in the general plan; and
B. Provide an alternative to the percentage of below market rate dwelling units required by Chapter 17.90 that targets the extremely low, very low and low income units and at the same time reduces the overall percentage of below market rate dwelling units required; and
C. Enhance the public welfare by establishing policies and encouraging the development and availability of housing opportunities to a broad range of households with varying income levels within the city as mandated by state law, California Government Code Section 65580 and following; and
D. Promote the city’s goals as stated in the housing element of the general plan to increase the supply of below market rate housing to meet the city’s regional share of extremely low, very low, and low income housing needs and the needs of special groups, including the elderly, disabled, small and large families, and local workers by imposing an inclusionary requirement for residential development projects; and
E. Reduce vehicle miles traveled (VMT) and greenhouse gas (GHG) emissions by providing people at all income levels more opportunities to live near where they work;
F. Support the local economy by making it easier for employers to attract and retain workers by providing people at all income levels more opportunities to live near where they work; and
G. Affirmatively further the policies and purposes of the Fair Housing Act, also known as “Affirmatively Further Fair Housing,” by reducing segregation and concentration of poverty; and
H. Implement the city’s policies contained in the housing element of the general plan to create an affordable housing overlay district to encourage the production of additional housing units, including affordable housing units at existing, older apartments, in a manner appropriate to their neighborhood and surrounding development. (Ord. 645 § 3, 2022)
17.92.020 Establishment.
The AHO combining district may be established or removed from the zoning map upon the application of a property owner or owners, or upon the initiative of the city council or planning commission, in accordance with the procedures set forth in Chapter 17.74. Only properties designated apartment residential on the land use plan map of the general plan shall be eligible for the AHO combining district. (Ord. 645 § 3, 2022)
17.92.030 Definitions.
For purposes of this chapter, the definitions set forth in Section 17.90.020 shall be, and hereby are, incorporated herein by this reference as if set forth in full. (Ord. 645 § 3, 2022)
17.92.040 Requirements for inclusion of below market rate dwelling units.
A. Substitution for Number of Dwelling Units Required by Chapter 17.90. In lieu of the percentage of below market rate dwelling units required by Chapter 17.90, developers of rental residential development projects of ten or more dwelling units shall provide the percentage of below market rate dwelling units specified in subsection B of this section. All other provisions of Chapter 17.90 shall apply, except those provisions pertaining only to for-sale residential development projects and below market rate dwelling units available as for-sale units.
B. Number of Below Market Rate Dwelling Units and Level of Affordability. For the purposes of this section, “total dwelling units” does not include (1) dwelling units awarded above the otherwise-allowable maximum density as part of a density bonus in Chapter 17.86 (Density Bonuses), or (2) in a residential development project that will require the demolition of dwelling units, the number of dwelling units demolished, provided the residential development project will create at least as many dwelling units as will be demolished and otherwise complies with the requirements of California Government Code Section 66300(d), as applicable to the demolished units.
1. Rental Projects. Seven percent of the proposed total dwelling units shall be below market rate dwelling units occupied by or available for occupancy by low income households at or below market rate rents; four percent of the proposed total dwelling units shall be below market rate dwelling units occupied by or available for occupancy by very low income households at or below market rate rents; and four percent of the proposed total dwelling units shall be below market rate dwelling units occupied by or available for occupancy by extremely low income households at or below market rate rents. Alternative percentages and levels of affordability may be considered as part of the below market rate housing plan and below market rate housing agreement (Section 17.90.070) and the reviewing authority may approve or conditionally approve such an alternative if it determines, based on substantial evidence, that such alternative percentages and levels of affordability will provide as many or more below market rate dwelling units at the same or lower income levels or will otherwise provide greater public benefit than the requirement set forth herein.
2. Fractional Units. In calculating the number of below market rate dwelling units required pursuant to subsection (B)(1) of this section, any fraction of less than 0.50 shall be satisfied by payment of an amount equal to the below market rate housing in-lieu fee established pursuant to Section 17.90.050 times the applicable fraction, and any fraction of 0.50 or more shall be satisfied by developing one below market rate dwelling unit available for rental to and occupancy by eligible households at the applicable household income level and at below market rate rent. (Ord. 645 § 3, 2022)