HomeMy WebLinkAboutOrd 2013-3250ORDINANCE NO. 3250
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE BY
THE ADDITION OF CHAPTER 19.90 TO ESTABLISH
REQUIREMENTS FOR THE RESERVATION AND
AFFORDABILITY OF HOUSING UNITS FOR VERY LOW,
LOWER AND MODERATE INCOME HOUSEHOLDS AND
SENIOR CITIZENS IN RESIDENTIAL PROJECTS UNDER A
CITY WIDE AFFORDABLE HOUSING INCENTIVE
PROGRAM
WHEREAS, California Government Code Section 65915 permits a Developer of a
residential project of five (5) or more units on a specific site to request that the project be granted
a density increase over the otherwise maximum residential density, unless a lesser percentage is
elected by the Developer, and provide at least one additional regulatory concession or incentive
(unless the City finds the additional incentive unnecessary) or other incentives of equal financial
value based upon land cost per dwelling for the purpose of providing affordable housing for
Very Low Income or Lower Income households or for qualifying (Senior) residents; and
WHEREAS, California Government Code Section 65915.5 permits a Developer
proposing to convert apartments to condominiums, to request that the project be granted a
density/Floor Area Ratio (FAR) bonus or other incentives of equal financial value based upon
land cost per dwelling, in exchange for reserving a specific percentage of the converted
condominium units for Lower or Moderate Income households; and
WHEREAS, California Government Code Sections 65915 and 65915.5 require that local
jurisdictions adopt an ordinance, which establishes the procedure for implementing the
density/FAR bonus/incentive program; and
WHEREAS, it is a policy of the Housing Element of the City's General Plan to prepaze
an ordinance which implements State Government Code Sections 65915 and 65915.5; and
WHEREAS, on November 14, 2012, a duly noticed public heazing on the Affordable
Housing Incentive Ordinance was held before the City Planning Commission, which forwarded
its recommendations to the City Council; and
WHEREAS, the City Council has received and considered the agenda statement
accompanying the Affordable Housing Incentive Ordinance, the Planning Commission
recommendations aswell as public testimony.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find,
determine and approve the proposed amendments to the City of Chula Vista Municipal Code to
implement the Affordable Housing Incentive Ordinance and does ordain as follows:
Ordinance No. 3250
Page No. 2
SECTION I: Title 19 of the Chula Vista Municipal Code is amended by the addition of Chapter
19.90 to read as follows:
Chapter 19.90
AFFORDABLE HOUSING INCENTIVES
Sections:
19.90.0] 0 Purpose and Intent.
19.90.020 Definitions.
19.90.030 General Applicability.
19.90.040 Standard Incentives for New Residential Construction.
19.90.050 Alternative or Additional Incentives and Concessions for Housing
Developments.
19.90.060 Condominium Conversions.
19.90.070 Housing with Child Day Care Centers.
19.90.080 Affordable and Senior Housing Standards.
19.90.090 Affordability Tenure.
19.90.100 Application Requirements and Review.
19.90.110 Affordable Housing Agreement.
19.90.120 Agreement Processing and Administrative Fee.
19.90.130 Noticing and Procedural Requirements for Expiring Rental Restrictions.
19.90.140 First Right of Refusal to Purchase Rental Housing.
19.90.150 Savings Clause.
19.90.010 Purpose and Intent.
The purpose of this Chapter is to provide incentives for the production of affordable housing for
Very Low Income, Lower Income or senior households in accordance with Sections 65915 and
65917 of the California Government Code and any subsequent amendments or revisions thereto.
This Chapter is intended to materially assist the housing industry in providing adequate and
affordable shelter for all economic segments of the community and to provide a balance of
housing opportunities for Very Low Income, Lower Income, and senior households throughout
the city. It is intended that this Chapter facilitate the development of affordable housing
development projects and implement the goals, objectives and policies of the City of Chula Vista
General Plan Housing Element.
Nothing in this Chapter shall be construed to supersede or in any way alter or lessen the effect or
application of the California Coastal Act.
19.90.020 Definitions.
Terms used in this Chapter shall have their meaning defined in this Section:
A. "Affordable Housing" as currently defined in section 50053 (b) and 50052.5 (b) of the Health
and Safety Code and any subsequent amendments or revisions.
Ordinance No. 3250
Page No. 3
B. "Affordable Housing Agreement" means a legally binding agreement between the Developer
and the City to ensure that the requirements of this Chapter are satisfied. The agreement
shall establish at a minimum, the number of tazget units, their size, location, terms and
conditions of affordability and production schedule as further described in Section 19.90.110
of this Chapter.
C. "Allowable housing expense" as currently defined in 25 California Code of Regulations
Sections 6920 and 6918 and any subsequent amendments or revisions.
D. "Child day care center" shall have the same meaning as a day nursery as defined in Section
19.04.064 of this title.
E. "Common interest development" as currently defined in section 1351 of the Civil Code and
any subsequent amendments or revisions.
F. "Conversion" means the change of occupancy of a dwelling unit from owner-occupied to
rental or vice versa.
G. "Density/FAR bonus" means an increase over the otherwise maximum allowable residential
density or permitted floor area ratio (FAR) on the site under the applicable zoning ordinance
and Land Use Element of the General Plan as of the date of the application.
H. "Density/FAR bonus units" means those residential units granted pursuant to the provisions
of this Chapter which exceed the otherwise Maximum Residential Density or permitted Floor
Area Ratio (FAR) for the development site.
I. "Developer" means any individual, firm, limited liability company, association, partnership,
political subdivision, government agency, municipality, industry, public or private
corporation, or any other entity whatsoever who applies to the City for the applicable permits
to undertake any construction, demolition, or renovation project within the City of Chula
Vista.
J. "Development standard" means site or constmction conditions/requirements that apply to a
housing development pursuant to any ordinance, General Plan Element, Master or Specific
Plan, or other City requirement, law, policy, resolution or regulation.
K. "FAR" means the Floor to Area Ratio, which is a calculation of the total building squaze
footage divided by the lot square footage. FAR calculation methods aze described more fully
in CVMC, Section 19.04.097.
L. "Housing development" means one or more groups of projects for residential units that aze
the subject of one development application, consisting of the following:
1. The construction of five or more residential units;
Ordinance No. 3250
Page No. 4
2. A subdivision or common interest development (commonly known as condominiums)
consisting of five or more residential units or unimproved lots; or
3. A project to either substantially rehabilitate and convert an existing commercial building
to residential use, or substantially rehabilitate an existing two-family or multiple-family
dwelling structure(s), where the result of rehabilitation would be a net increase in
available residential units.
M. "In-lieu incentive" means incentives offered by the City, which are of equivalent financial
value based upon the land cost per dwelling unit(s), that aze offered in-lieu of the
density/FAR bonus.
N. "Incentives or concessions" means such regulatory incentives and concessions as stipulated
in Government Code Section 65915(k), to include, but not be limited to the reduction of site
development standazds or zone code requirements, approval of mixed use zoning in
conjunction with the housing project, or any other regulatory incentive which would result in
identifiable cost reductions to enable the provision of housing for the designated income
group or Qualifying (Senior) Residents.
O. "Low Income household" as currently defined in section 50079.5 of the Health and Safety
Code and any subsequent amendments or revisions.
P. "Maximum residential density" means the maximum number of residential units permitted
on the project site as defined in the zoning ordinance, or the applicable Specific Plan or
Sectional Planning Area (SPA) Plan.
Q. "Moderate Income household" as currently defined in section 50093 of the Health and Safety
Code and any subsequent amendments or revisions.
R. "Non-restricted unit" means all units within the housing development that aze not target
units.
S. "Qualifying resident" as currently defined by Section 51.2 of the Civil Code and any
subsequent amendments or revisions.
T. "Senior citizen housing" as currently defined by Sections 51.3 and 51.12 of the Civil Code
and any subsequent amendments or revisions.
U. "Target unit" means a residential unit within a housing development that will be offered for
rent or sale exclusively to and which shall be affordable to the designated income group or
qualified (senior) resident, as required by this Chapter.
V. "Total units" means the number of dwelling units in a housing development, excluding the
dwelling units added by the density/FAR bonus.
Ordinance No. 3250
Page No. 5
W. "Very Low Income household" as currently defined in section 50105 of the Health and
Safety Code and any subsequent amendments or revisions.
19.90.030 General Applicability.
The provisions of this Chapter shall apply to a housing development of at least five units and
where the developer seeks and agrees to construct housing units to be restricted for occupancy by
very low, lower or moderate income households or senior citizens as set forth in Section
19.90.040.
19.90.040 Standard Incentives for New Residential Construction.
The decision-making body shall grant one density/FAR bonus, as specified in subsection B
of this Section, and/or incentives or concessions, as set forth in Section 19.90.050 of this
Chapter, when a developer of a housing development of at least five units seeks and agrees to
construct at least any one of the following. The density/FAR bonus units shall not be
included when determining the total number of tazget units in the housing development.
Affordable housing units provided under the City's General Plan Housing Element Balanced
Communities Affordable Housing Policy may be counted towazd the requirements of this
chapter.
1. Low Income Households. A minimum of ten percent (10%) of the total units of the
housing development as restricted and affordable to Low Income households;
2. Very Low Income Households. A minimum of five percent (5%) of the total units of the
housing development as restricted and affordable to very Low Income households;
3. Senior Citizens. A senior citizen housing development or mobile home park that limits
residency based on age requirements for housing for older persons pursuant to Section
798.76 or 799.5 of the California Civil Code. There is no requirement for the
affordability of the units for very low, low or moderate income households; or
4. Moderate Income Households. A minimum of ten percent (10%) of the total units in a
common interest development restricted and affordable to Moderate Income households,
provided that all units in the development are offered to the public for purchase.
L. Density/FAR Bonus. When a developer seeks and agrees to construct a housing
development meeting the criteria specified in subsection A of this Section, the decision-
making body shall grant adensity/FAR bonus subject to the following:
1. The amount of density/FAR bonus to which a housing development is entitled shall vary.
The density/FAR bonus may be increased according to the percentage of affordable
housing units provided above the minimum percentages established in subsection A of
this Section, but shall not exceed thirty-five percent (35%), except in accordance with
subsection D of this Section:
Ordinance No. 3250
Page No. 6
a. Low Income Households. For housing developments meeting the criteria of
subsection (A)(1) of this Section, the density/FAR bonus shall be calculated as
follows:
Table A
Density/FAR Bonus for Housing Developments with Units
Affordable to Low Income Households
Percentage (%) of Low
Income Units
(Minimum 10% required) Percentage (%) of Density/FAR
Bonus to be Granted
(Additional 1.5% bonus for each 1
increase above the 10% minimum)
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
b. Verv Low Income Households. For housing developments meeting the criteria of
subsection (A)(2) of this Section, the density/FAR bonus shall be calculated as
follows:
Table B
Density/FAR Bonus for Housing Developments with Units
Affordable to Very Low Income Households
Percentage (%) of Percentage (%) of Density/FAR
Very Low Income Units Bonus to be Granted
(Minimum 5% required) °
(Additiona12.5/o bonus for each 1 /o
increase above the 5% minimum
5 20
6 22.5
7 25
8 27.5
9 30
Ordinance No. 3250
Page No. 7
Table B
Density/FAR Bonus for Housing Developments with Units
Affordable to Very Low Income Households
Percentage (%) of Percentage (%) of Density/FAR
Very Low Income Units Bouus t°o be Granted °
(Additiona12.5/o bonus for each 1 /o
(Minimum 5% required) increase above the 5% minimum)
10 32.5
11 35
c. Senior Citizens. For housing developments meeting the criteria of subsection
(A)(3) of this Section, the density/FAR bonus shall be twenty percent (20%).
d. Moderate Income Households in a Common Interest Development. For housing
developments meeting the criteria of subsection (A)(4) of this Section, the
density/FAR bonus shall be calculated as follows:
Table C
Density/FAR Bonus for Common Interest Developments with
Units Affordable to Moderate Income Households
Percentage (%) of
Moderate Income Units
(Minimum 10% required) Percentage (%) of Density/FAR
Bonus
to be Granted
(Additional 1 % bonus for each 1
increase above the 10% minimum
10 5
11 6
12 7
13 8
14 9
15 10
17 12
18 13
19 14
20 IS
21 16
22 17
23 18
24 ]9
25 20
26 21
Ordinance No. 3250
Page No. 8
Table C
Density/FAR Bonus for Common Interest Developments with
Units Affordable to Moderate Income Households
Percentage (%) of
Moderate Income Units
(Minimum 10% required) Percentage (%) of Density/FAR
Bonus
to be Granted
(Additional 1 % bonus for each 1
increase above the 10% minimum)
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
M. Density/FAR Bonus in Excess of 35%. In cases where a developer requests adensity/FAR
bonus in excess of that which is specified in this Section, the City Council may grant, at its
discretion, the requested density/FAR bonus, subject to the following:
1. The project meets the requirements of this Chapter.
2. The requested density/FAR increase, if granted, is an additional density/FAR bonus and
shall be considered an incentive, in accordance with Section 19.090.050 of this Chapter.
The City Council may require some portion of the additional density/FAR bonus units to
be designated as target units, at its discretion.
N. Fractional Units. When calculating the density/FAR bonus, or the required number of tazget
units, any calculations resulting in fractional units shall be rounded up to the next whole
number.
O. Granting a Lower Density/FAR Bonus. A qualified developer for a density bonus and/or
additional incentives and concessions pursuant to Section 19.076.040(A) of this Chapter may
Ordinance No. 3250
Page No. 9
request and accept a lesser density/FAR bonus, including no increase in density and shall still
be entitled to those additional concessions or incentives as specified in Section 19.090.050.
No reduction will be allowed in the number of target units required.
P. Land Donation. When a developer for a tentative subdivision map, parcel map, or other
housing development approval donates land to the City to provide a minimum often percent
(10%) of the total units for a future housing development, as provided for in this subsection,
the developer shall be entitled to a density/FAR bonus for the entire development, as follows:
Table D
Density/FAR Bonus for Land Donation
Percentage (%) of
Very Low Income Units
(Minimum 10% required) Percentage (%) of Density/FAR
Bonus
to be Granted
(Additional ] % bonus for each 1
increase above the 10% minimum)
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
Ordinance No. 3250
Page No. 10
1. Additional Density/FAR Bonus. The density/FAR bonus stated in Table D above shall
be in addition to any increase mandated by subsection A of this Section. The maximum
combined density/FAR bonus of the mandated and the additional increase shall not
exceed thirty-five percent (35%). A developer shall be eligible for the density/FAR
bonus described in this subsection F only if all of the following conditions aze met:
a. Date of Donations/Transfer. The land is donated and transferred to the City no
later than the date of approval of the final subdivision map, parcel map or housing
development application.
b. Feasibility of Development. The developable acreage, development standards,
zoning classification and General Plan land use designation of the land being
donated aze sufficient to permit construction of the units affordable to Very Low
Income households in an amount not less than ten percent of the number of
residential units of the proposed development.
c. Size of Land. The transfenred land is at least one acre in size or of sufficient size
to permit development of at least forty units, has the appropriate zoning
classification and General Plan land use designation, and is or will be served by
adequate public facilities and infrastructure.
d. Discretionary Approvals. No later than the date of approval of the final
subdivision map, parcel map, or housing development, the transferred land shall
have all of the permits and approvals, other than building permits, necessary for
the development of the Very Low Income housing units on the transferred land,
except that the City may subject the proposed development to subsequent design
review to the extent authorized by subdivision (i) of Section 65583.2 of the
California Government Code if the design is not reviewed by the City prior to the
time of transfer.
e. Continued Affordability. The transferred land and the affordable units shall be
subject to a deed restriction ensuring continued affordability of the units
consistent with Section 19.90.090 of this Chapter, which shall be recorded on the
property at the time of dedication.
f. Transfer to Housing Developer. The land is transferred to the City or to a housing
developer approved by the City. The City may require the developer to identify
and transfer the land to the developer.
g. Location of Land. The transferred land shall be within the boundary of the
proposed development or, if the City agrees, within one-quarter mile of the
boundary of the proposed development.
h. Financine. A proposed source of funding for the Very Low Income units shall be
identified not later than the date of approval of the final subdivision map, pazcel
map, or residential development permit.
Ordinance No. 3250
Page No. 11
2. Condition of Development. Nothing in Section 19.90.040 (F) shall be construed to
enlarge or diminish the authority of the City to require a developer to donate land as a
condition of development.
19.90.050 Alternative or Additional Incentives and Concessions for Housing
Developments.
A. When a developer requests adensity/FAR bonus and/or incentives or concessions pursuant to
Section 19.90.040(A) of this Chapter, the decision-making body shall grant incentives or
concessions, subject to the following:
1. Number of Incentives/Concessions.
a. The developer shall receive the following number of incentives or concession
based upon the minimum percentage of total units to be restricted as target units:
Table E
Number of Incentives/Concessions
Number of Incentives/ Percentage (%) of
Concessions Target Units
(Minimum required)
1 Incentive/Concession 5% for Very Low Income households
10% for Lower Income households
10% for Moderate Income persons or
families in a common interest
development
2 Incentives/Concessions 10% for Very Low Income households
20% for Lower Income households
20% for Moderate Income persons or
families in a common interest
development
3 Incentives/Concessions 15% for Very Low Income households
30% for Lower Income households
30% for Moderate Income persons or
families in a common interest
development
4 or more At the discretion of the decision-making
Incentives/Concessions authority.
Ordinance No. 3250
Page No. 12
2. Incentives/Concessions. An incentive or concession may include any of the following:
a. Development, Design, and Zoning Code Requirements. A reduction or waiver of
site development standards, modification of zoning code, or azchitectural design
requirements that exceed the minimum building standazds approved by the
California Building Standazds, including, but not limited to, a reduction in
minimum lot size, setback requirements, and/or in the ratio of vehiculaz pazking
spaces that would otherwise be required. Any waiver or reduction from the
applicable development standazds that is necessary to implement the density and
incentives/concessions to which the developer is entitled under this subsection (A)
shall not serve to reduce or increase the number of incentives/concessions.
b. Mixed Use Development. Approval of mixed use residential development in
azeas not permitted if: 1) commercial, office, industrial or other land uses will
reduce the cost of the housing development; and ii) the commercial, office,
industrial or other land uses aze compatible with the housing development and the
existing or planned future development in the area where the project will be
located.
c. Excess Density/FAR Bonus. A density/FAR Bonus in excess of more than that
which is specified in Section 19.90.040(B)(1) and in compliance with Section
19.90.040(C).
d. Other. Other regulatory incentives or concessions proposed by the developer that
result in identifiable, financially sufficient and actual cost reductions that
contributes to the economic feasibility of the project.
e. Financial Incentives. The City Council may, but is not required to, provide direct
financial incentives, including direct financial aid in the form of a loan or grant,
the provision of publicly owned land, or the waiver of fees or dedication
requirements.
3. Coastal Zone. Any housing development located within the coastal zone and processed
pursuant to this Chapter shall be consistent with all certified Local Coastal Program
provisions, with the exception of density as approved by this Chapter.
19.90.060 Condominium Conversions.
A. Income Requirements. The decision-making body shall grant either: a density/FAR bonus
or in-lieu incentives of equivalent financial value, as set forth in Section 19.90.050, to a
developer proposing to convert apartments to condominiums in compliance with Chapter
15.56 of this Title, and who agrees to provide the following:
1. Low or Moderate Income. A minimum of thirty-three percent (33%) of the total units of
the proposed condominium project as restricted and affordable to Low or Moderate
Income persons or families; or
Ordinance No. 3250
Page No. 13
2. Low Income A minimum of fifteen percent (15%) of the total units of the proposed
condominium project as restricted and affordable to Low Income households.
B. Density/FAR Bonus. For housing development projects meeting the criteria of subsection
(A) of this Section, the density/FAR bonus shall be twenty-five percent (25%) over the
number of apartments, to be provided within the existing structure or structures proposed for
conversion.
C. Calculating the Tareet Units. In determining the number of target units to be provided
pursuant to the standards of this Section, the number of apartment units within the existing
structure or structures proposed for conversion shall be multiplied by the percentage of units
to be offered exclusively to the designated income group, as required by this Section
19.90.060(A). The density/FAR bonus units shall not be included when determining the total
number of target units required to qualify for a density bonus.
D. Fractional Units. When calculating the density/FAR bonus, or the required number of target
units, any calculations resulting in fractional units shall be rounded up to the next whole
number.
E. Granting a Lower Density/FAR Bonus. In cases where adensity/FAR increase of less than
twenty-five percent (25%) is requested, no reduction will be allowed in the number of target
units required.
F. Other Incentives. For purposes of this Section, "other incentives of equivalent financial
value" shall not be construed to require the City to provide monetary compensation, but may
include the waiver or reduction of requirements that might otherwise apply to the proposed
condominium conversion project at the sole discretion of the decision-making body.
G. Ineli ig bility. A developer proposing to convert apartments to condominiums shall be
ineligible for adensity/FAR bonus or in-lieu incentives under this Section if the apartments
proposed for conversion constitute a housing development for which adensity/FAR bonus or
in-lieu incentives were previously provided under this Chapter.
H. Affordable Housing_Aereement as a Condition of Development. An Affordable Housing
Agreement for all condominium conversion proposals that request adensity/FAR bonus or
in-lieu incentives shall be processed concurrently with any other required project
development application (i.e., tentative maps, parcel maps, design review, conditional use
permits, etc.), and shall be made a condition of the discretionary permits, and execution of
such agreement shall be required prior to the issuance by the City of a building permit for the
development. The Affordable Housing Agreement shall be consistent with Section
19.90.110 of this Chapter.
I. No Requirement to Approve Conversion. Nothing in this Section shall be construed to
require that the City approve a proposal to convert apartments to condominiums.
Ordinance No. 3250
Page No. 14
19.90.070 Housing with Child Day Care Centers.
A. When a developer proposes to construct a housing development that conforms to the
requirements of Section 19.90.040(A) of this Chapter, and includes a child day caze center
that will be located on the premises of, as part of, or adjacent to, the project, the following
provisions shall apply:
1. Bonus or Incentive/Concession. The decision-making body shall grant either of the
following:
a. Density/FAR Bonus. An additional density/FAR bonus that is an amount of
square feet of residential space that is equal to or greater than the amount of
square feet in the child day care center; or
b. Incentive/Concession. An additional incentive or concession that contributes
significantly to the economic feasibility of the construction of the child day care
center.
2. Conditions of Approval. The decision-making body shall require, as a condition of
approval of the housing development, that the following occur:
a. Period of Operation for Child Caze Center. The child day care center shall remain
in operation for a period of time that is as long as or longer than the period of time
during which the tazget units are required to remain affordable, pursuant to
Section 19.90.090 of this Chapter; and
b. Income Requirements. The percentage of children who are of Very Low, Lower,
or Moderate Income households shall be equal to or greater than the percentage of
dwelling units that aze required for Very Low, Lower, or Moderate Income
households pursuant to Section 19.90.040(A) of this Chapter.
3. Findings to Deny Bonus or Incentive/Concession. Notwithstanding any requirement of
this Section, the decision-making body shall not be required to provide an additional
density/FAR bonus, incentive or concession for a child day care center if it finds, based
on substantial evidence, that the community has an adequate number of child day care
centers.
19.90.080 Affordable and Senior Housing Standards.
A. Balanced Communities Affordable Housing Policy. Notwithstanding a developer's request
to process a development project pursuant to this Chapter, such project may be subject to the
City's General Plan Housing Element Balanced Communities Affordable Housing Policy and
any such implementing document that may be established and amended from time to time.
To the extent that the provisions of this Chapter and the Balanced Communities Affordable
Housing Policy and any implementing documents aze in conflict, the provisions of this
Chapter shall prevail.
Ordinance No. 3250
Page No. 15
B. Concurrent Development. Target units shall be constructed concurrently with non-restricted
units unless both the City and the developer agree within the Affordable Housing Agreement
to an alternative schedule for development.
C. Location & Dispersal of Units. Target units and density/FAR bonus units should be built on
site (within the boundary of the proposed development) and when practical, be dispersed
within the housing development.
D. Off-Site Alternative. Circumstances may arise in which the public interest would be served
by allowing some or all of the designated tazget units to be produced and operated at a
development site different than the site of the associated housing development, also known as
an off-site alternative. Where the City and the applicant form such an agreement, both the
associated tazget and non-restricted units of the housing development shall be considered a
single housing development for the purposes of this Chapter, and the applicant shall be
subject to the same requirements of this Chapter pertinent to the tazget units to be provided at
an off-site alternative.
E. Bedroom Unit Mix. The housing development shall include a mix of target units (by number
of bedrooms) in response to the affordable housing demand priorities of the City as may be
identified within the City's Housing Element or consistent with the unit mix ofnon-restricted
units.
F. Compliance with Development Standards and Codes. Housing development projects shall
comply with all applicable development standazds, except those which may be modified as
an incentive or concession or will have the effect of physically precluding the construction of
a development providing the target units at the densities or with the concessions or incentives
permitted by Section 19.90.050, or as otherwise provided for in this Chapter.
G. Design Consistency. The design and appearance of the target units shall be consistent or
compatible with the design of the total housing development in terms of appearance,
materials, and finished quality.
H. Parkin Upon the request of the developer, the parking ratio (inclusive of handicap and
guest parking) for a housing development that conforms to the requirements of Section
19.90.040(A) of this Chapter shall not exceed the ratios specified in Table F, below. Such
request and application of this parking ratio shall not be considered anincentive/concession
per Section 19.90.050(A). If the developer does not request the parking ratios specified in
Table I or the project does not conform to the requirements of Section 19.90.040(A) of this
Chapter, the parking standazds of the applicable zone as specified in Section 19.62 of the
Municipal Code shall apply.
1. Fractional Pazking Spaces. If the total number of parking spaces required for a
development is other than a whole number, the number shall be rounded up to the next
whole number.
Ordinance No. 3250
Page No. 16
2. Tandem and Uncovered Pazkine. For purposes of this Section, a housing development
may provide "on-site" pazking through tandem parking or uncovered pazking, but not
through on-street parking.
3. Additional Pakking Incentives/Concessions. The developer may request additional
parking incentives or concessions beyond those provided in this Section, as specified in
Section 19.90.050(A) of this Chapter.
Table F
Parking Ratio for Housing Development
projects
On-Site Parking Ratio
(Inclusive of
Dwelling Unit Size Handicapped & Guest
Parkin
0-1 bedrooms 1 s ace er unit
2-3 bedrooms 2 s aces er unit
4 or more bedrooms 2.5 s aces er unit
I. Waiver/Reduction of Develonment Standazds. Any waiver or reduction from the applicable
development standazds shall be limited to those necessary to implement the density and
incentives/concessions to which the developer is entitled under Section 19.90.050.
Adverse Impact. Nothing in this Section shall be construed to require that the City waive
or reduce development standards that would have an adverse impact upon the health,
safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. Adverse impact is defined in
paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code
and any subsequent amendments and revisions.
Historical Resources & Conflict with Law. Nothing in this Section shall be construed to
require that the City waive or reduce development standards that would have an adverse
impact on any real property that is listed in the California Register of Historical
Resources or to grant any waiver or reduction that would be contrary to state or federal
law.
19.90.090 Affordability Tenure.
A. Lower and Very Low Income Housing. All tazget units for Lower and Very Low Income
households shall remain restricted and affordable to the designated group for a period not less
than 30 yeazs, or a longer period of time if required by the construction or mortgage
financing assistance program, mortgage insurance program, or rental financing subsidy
program.
Ordinance No. 3250
Page No. 17
B. Moderate Income. All target units for Moderate Income persons or families shall be initially
occupied by the designated group and offered at an allowable housing expense. The target
unit(s) shall be subject to an equity shazing agreement, as set forth by Section 65915 of the
Government Code, unless in conflict with the requirements of another public funding source
or ]aw.
19.90.100 Application Requirements and Review.
A. Preliminary Application. A developer proposing a housing development pursuant to this
Chapter may submit a preliminary application prior to the submittal of any formal request for
approval. Developers are encouraged to schedule apre-application conference with
designated staff of the Development Services Department to discuss and identify potential
application issues, including prospective incentives or concessions pursuant to Section
19.90.050 of this Chapter.
B. Application. The developer shall submit an Affordable Housing Application, which will be
treated as part of any other required development application, requesting adensity/FAR
bonus and/or incentive(s) or concession(s), pursuant to this Chapter. The proposed housing
development may require other project development application(s) (e.g, tentative map, parcel
map, design review, and conditional use permits). Under such circumstances, the Affordable
Housing Application shall be processed concun•ently.
C. Approval of an Application. When a project involves a request for adensity/FAR bonus,
incentive(s) or concession(s) or in-lieu incentives, the decision-making body shall make a
written finding, as part of the approval of the development application(s) required for the
project or as part of the approval of the Affordable Housing Agreement, that the project is
consistent with the provisions of this Chapter. The granting of an incentive/concession shall
not, in and of itself, require a General Plan, Local Coastal Plan, or zoning amendment or any
other discretionary approval.
D. Denial of Application. In rejecting such development application(s), the decision-making
body shall make written findings in compliance with Government Code Section 655895(b)
and based upon substantial evidence in the record.
19.90.110 Affordable Housing Agreement.
A. Execution of Agreement. Developers, requesting adensity/FAR bonus, incentive(s) or
concession(s), or in-lieu incentives pursuant to this Chapter, shall demonstrate compliance
with this Chapter by executing an Affordable Housing Agreement with the City.
B. Recordation. Following execution of the Affordable Housing Agreement by all parties, the
completed Affordable Housing Agreement, with the approved site development plan, shall be
recorded against the entire development, including non-restricted lots/units; and the relevant
terms and conditions therefrom filed and recorded as a deed restriction or regulatory
agreement on those individual lots or units of a property which aze designated for the
location of tazget units. The approval shall take place prior to final map approval and
Ordinance No. 3250
Page No. 18
recordation shall occur concurrent with the final map recordation, or where a map is not
being processed, prior to issuance of building permits for such parcels or units. The
Affordable Housing Agreement shall be binding to all future owners and successors in
interest.
C. Provisions. The Affordable Housing Agreement shall set forth the conditions and guidelines
to be met in the implementation of this Chapter to include, but not be limited to, the
following:
1. Number of Units: The number of total residential units and the density bonus and tazget
units approved for the housing development.
2. Term of Affordability. The number of yeazs the occupancy and affordability restrictions
for target units remain in place.
3. Phasing Schedule. A schedule of production and occupancy of tazget units.
4. Incentives/Concessions. A description of the incentive(s), concessions, or in-lieu
incentives of equivalent financial value being provided by the City.
5. Operation and Maintenance. The rules and procedures for qualifying tenants,
establishing affordable rent, filling vacancies, operating and maintaining tazget units for
qualified tenants.
6. Ongoing Monitoring. Provisions requiring developers to demonstrate compliance with
this Chapter.
7. Initial Sale. Where applicable, tenure and conditions governing the initial sale of for-sale
tazget units.
8. Remedies. A description of remedies for breach of the Agreement by either party.
9. Other Provisions for Compliance. Other provisions as the City may require to ensure
implementation and continued compliance with this Chapter and the State Density Bonus
Law.
D. Balanced Communities Re ug latorv Agreement. Where a regulatory agreement is required to
demonstrate the developer's compliance with the City's Balanced Communities-Affordable
Housing Policy and/or as a condition of the City's direct financial assistance, the Affordable
Housing Agreement may be combined into one single Housing Regulatory Agreement.
19.90.120 Agreement Processing and Administrative Fee.
Over the minimum tenure of projects containing target units, the City will either directly or, via
one or more third parties, provide for the preparation and/or reviewing of all Affordable Housing
Agreements and recurring services associated with the administration and monitoring of such
Ordinance No. 3250
Page No. 19
units. The City Council may establish an administrative fee to fully recover the costs associated
with such administration and monitoring, the amount of which shall be established by ordinance
of the City Council.
19.90.130 Noticing and Procedural Requirements for Expiring Rental Restrictions.
A. Tenant Notices of Expiring Affordability. The developer shall give notices consistent with
California Government Code 65863.10 through 65863.13 in anticipation of the expiration of
affordable housing restrictions to each affected tenant household.
B. Notices to Prospective and New Tenants. All prospective and new tenants to the housing
development shall be provided at the time of their application for tenancy a copy of all
notices issued per this Section to existing tenants.
C. Notices to the City of Chula Vista and State. The developer shall provide a copy of all
notices consistent with California Government Code 65863.10 through 65863.13 in
anticipation of the expiration of affordable housing restrictions to the City of Chula Vista
Development Services Department and the State Department of Housing and Community
Development.
D. First Class Mailed Notices. All notices to affected tenants, the City of Chula Vista and the
State Department of Housing and Community Development shall be sent by first-class mail
postage prepaid.
19.90.140 First Right of Refusal to Purchase Rental Housing.
For rental housing development projects, the City or a designee shall have first right of refusal to
purchase rental housing development projects containing target units offered for sale at any time
within five yeazs of the end of the minimum tenure of affordability and upon expiration of the
rental restrictions, consistent with California Government Code 65863.10 through 65863.13.
A. Designees. The City shall consider as designees all qualified entities or individuals as listed
by the State Department of Housing and Community Development or who have contacted
the developer directly.
B. Notice to City and Designees. The developer shall give notice of the opportunity to purchase
the housing development to City and all designees consistent with California Government
Code 65863.10 through 65863.13
C. Exercising First Right of Refusal. Within one hundred eighty (180) days of its receipt of the
notice of an opportunity to purchase, the City or the designee shall indicate its intent to
exercise the first right of refusal for the purpose of providing affordable housing by
submitting a bona fide offer to purchase. During this one hundred eighty (180) day period,
the developer shall not accept an offer to purchase by any other entity.
Ordinance No. 3250
Page No. 20
D. Close of Escrow. Upon exercising its right of first refusal pursuant to Section 19.90.140 (C),
the City or its designee will make a good faith effort to close escrow within a reasonable
period, assumed to be approximately one-hundred twenty days.
E. Anpraisal. The fair market value, at the time of sale, assuming continued affordability
restrictions of the housing development shall be determined by an appraisal, as requested by
the City, the designee, or the developer. Costs associated with the appraisal shall be borne by
the requesting party. The appraisal shall be non-binding with respect to sales price of the
development offered in the bona fide offer to purchase, or the acceptance or rejection of the
offer.
F. Failure to Exercise Right. If the City or its designee fails to exercise its option of first right
of refusal to purchase the housing development within 180 days of notification of the
opportunity to purchase, then the tazget units may be converted to mazket rate units with no
income or rent restrictions as allowed by California Government Code 65863.10 through
65863.13.
19.90.150 Savings Clause.
A. If any provision of this Chapter or the application thereof to any person or circumstances is
held invalid by a court of competent jurisdiction, the remainder of the Chapter and the
application of the provision to other persons not similarly situated or to other circumstances
shall not be affected thereby.
B. Should any conflict exist between this Chapter and any other land use ordinance, regulation,
resolution, policy or prior decision of the City, this ordinance shall control all applicable land
use applications which do not have final approval on the effective date of the Chapter.
SECTION II. Environmental Determination. The City Council does hereby find and determine
that the adoption and implementation of proposed Chapter 19.90 of the Municipal Code by
establishing requirements for the reservation and affordability of housing units for Very Low,
Lower and Moderate Income households and senior citizens in residential projects under a city
wide Affordable Housing Incentive ordinance will not result in any physical development in and
of itself, and thus will not have an impact on the environment. The City Council does hereby
further find and determine that the subject Affordable Housing Incentive ordinance is exempt
from the California Environmental Quality Act (CEQA) based on CEQA Guidelines Section
15061 (b)(3), because it can be seen with certainty that there is no possibility that this activity
has the potential to have a significant effect on the environment, and therefore, is not subject to
CEQA.
SECTION III. Severability. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION IV. Effective Date. This ordinance shall become effective thirty (30) days after its
second reading and adoption.
Ordinance No. 3250
Page No. 21
SECTION V. The City Clerk is directed to publish this ordinance in accordance with the City
Charter and applicable state law.
Presented by
Approved as to form by
Gary hlalbert/P.E.,~AICP ~ en R. ogins~ / \
Assistant Ci Manager/Director of rty A ey ~~~~ JI
Development Services
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of January 2013, by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
~iu~2. ~ . ,/o,ti,t.yo
Donna R. Norris, MC, ity Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
Cheryl Cox, May r
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3250 had its first reading at a regular meeting held on the l lth day of December
2012 and its second reading and adoption at a regular meeting of said City Council held on the
8th day of January 2013; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dat ~/ Donna R. Norris, CMC, City Clerk