Ordinance 3012CITY OF ALAMEDA ORDINANCE No.3012
New Series
AMENDING THE MUNICIPAL CODE BY ADDING SECTION 30-17 (DENSITY
BONUS REGULATIONS) TO ARTICLE 1 (ZONING DISTRICTS AND REGULATIONS)
OF CHAPTER XXX (DEVELOPMENT REGULATIONS) TO ALLOW DENSITY
BONUS UNITS AND POTENTIAL WAIVERS TO DEVELOPERS THAT
VOLUNTARILY PROVIDE FOR AFFORDABLE HOUSING UNITS AS AN ELEMENT
OF THEIR RESIDENTIAL DEVELOPMENT PROJECT AND PROVIDING
INCENTIVES AND CONCESSIONS FOR RESIDENTIAL DEVELOPMENT
PROJECTS IN COMMERCIAL OR MIXED USE ZONES
WHEREAS, in 1979 the State of California adopted legislation that provided
incentives to encourage private developers to include "affordable units" in their market-
rate residential projects and this legislation has been amended numerous times since
its inception, most recently in 2008; and
WHEREAS, with certain exceptions, California Government Code Section
65915 requires that a City provide for a density bonus and other incentives or
concessions if a developer, among other things, agrees to construct specified numbers
of affordable housing units; and
WHEREAS, the Housing Element of the City of Alameda General Plan, adopted
in May 2003, includes an objective calling for the adoption of a density bonus
ordinance; and
WHEREAS, the Alameda Planning Board has held public hearings at which
public comment was received and considered and has recommended adoption of a
density bonus ordinance to the City Council; and
WHEREAS, the City wishes to maintain an economically balanced community
with housing available to households of all income levels and this Council seeks to
provide incentives for the creation of affordable housing units; and
WHEREAS, the City Council wishes to add density bonus regulations to Article
1, Chapter XXX, Development Regulations, of the Alameda Municipal Code, subject to
compliance with all standards requirements and appropriate review as provided for in
the density bonus regulations; and
WHEREAS, an Initial Study was prepared for this ordinance, which proposed
that a Negative Declaration be approved; and
WHEREAS, Public Notice of the proposed Negative Declaration was given as
required by Section 21092 of the Public Resources Code, the Negative Declaration
was circulated for public review and no comments were received in connection with
the Negative Declaration; and
WHEREAS, public hearings were conducted by the Planning Board on March
9th and March 23rd, 2009, and by the City Council on October 20, and November 17,
2009, to consider the Initial study and the Negative Declaration prepared for this
ordinance, and to accept public testimony regarding this proposed environmental
determination for the proposed ordinance; and
WHEREAS, based on the information contained in the Initial study and the
Negative Declaration prepared for this ordinance and testimony received as a result of
the public notice, the City Council finds no substantial evidence that there would be a
significant impact on the environment if the ordinance was approved.
NOW, BE IT RESOLVED, that based on the City's independent judgment, the
City Council of the City of Alameda does hereby approve a Negative Declaration for
this Ordinance in accordance with the California Environmental Quality Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES
ORDAIN AS FOLLOWS:
Section 1 ordinance Adoption. Article I of Chapter XXX of the Alameda
Municipal Code is hereby amended to add a new Section 30-17, Density Bonus
Regulations, to read as follows:
30 -17 DENSITY BONUS ORDINANCE
30 -17.1 Purpose
The purpose of this Density Bonus ordinance is to create incentives. for the
provision of affordable housing, senior housing and the dev elopment of child care
facilities in Alameda. The California. Legislature requires each local. government to
adopt an ordinance. that specifies how the jurisdiction will comply with section 65915
et seq. of the California Government Code. This ordinance is intended to satisfy the
requirements of that code.
30 -17.2 Findings
Rising land prices have been a key factor in preventing development of new
affordable housing. New housing construction that does not include affordable units
aggravates the existing shortage of affordable housing by absorbing the .s .upply of
available residential land. This reduces the supply of land for affordable housing and
increases the price of remaining residential land.
30 -17.3 Definitions
Unless the context plainly requires otherwise, the following words and phrases
used in section 30-17 shall have the following meanings. Capitalized terms not
defined here in 30 -17.3 and used in this section 30 -17 shall have the meanings
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attributed to them in Government code sections 65915-659 as it now exists or may
hereafter be amended.
a. Affordable Housing or Affordable Housing Unit shall mean a dwelling unit
required to be offered at Affordable Rent or available at Affordable Housing cost to
Very Low, Low, or Moderate Income Households pursuant to this section 30-17.
b. Affordable Housing Agreement means a written agreement between an
applicant for a development and the City of Alameda ensuring the continuing
affordability of housing pursuant to this section 30 -17.
C. Applicant is defined as any person who seeks residential property
development permits or approvals from the city of Alameda.
d. child care Facility is defined as a child day facility other than a family
day care home, including but. not limited to infant centers, preschools, extended day
care facilities and school -age child care centers, installed, operated and maintained for
the nonresidential care of children.
e. Development..means all development pursuant to a proposal to construct
or place one or more dwelling units on a lot or contiguous lots including, without
limitation, a planned unit development, site plan, subdivision, or conversion of a non-
residential building to dwelling units.
f. Marketing Plan means a plan that describes how the applicant will Inform
the public, and those within appropriate income groups, of the .availability of Affordable
Housing Units in a development for which a density bonus is granted under this
section 30 -17.
g. Maximum Allowable Residential Density means the density allowed
under the zoning ordinance and land use element of the.general plan, or if a range of
densities is permitted,. means the maximum .allowable density. Where the density
allowed under the zoning ordinance is inconsistent with .the density allowed under the
land use element of the general plan, the general plan density shall prevail.
h. Mixed -Use Development Project means a Development that includes
residential as well as commercial, office, or industrial uses.
i. Substantial rehabilitation means rehabilitation, the value of which
constitutes 25 percent of the after rehabilitation value of the dwelling, inclusive of the
land value.
30 -17.4 Density Bonus Application
a. In order to receive concessions and /or incentives or waivers under this
section 30 --17, an Applicant must submit to the city a Density Bonus Application which
will be treated as part of the Development Application. At any time during the review
process, the Planning and Building Director may require from the Applicant additional
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information reasonably necessary to clarify and supplement the Application or to
determine the Development's consistency with the requirements of this section.
b. The Density Bonus Application shall include the following:
1. A development plan illustrating that the "base" project meets all existing general
plan and zoning development standards.
2. A description of the Development, including the total number of proposed
Affordable Housing Units, senior housing units, or age restricted mobile home
park units; a description of any land the Applicant proposes to donate for low
income housing units; and any child care facilities the Applicant proposes to
construct as part of the qualifying housing development premises or on an
adjacent property;
3. The zoning and General Plan designations and assessor's parcel number(s) of
the project site;
4. A vicinity map showing the location of the proposed project.
5. A set of preliminary project plans that. include a site .plan showing all building
and structure footprints or locations, drive aisles and .parking layout; floor plans
of all structures and buildings; and architectural elevations of all buildings and
structures, all drawn to scale.
6. A request for a concession or incentive shall include evidence to justify why it is
necessary to provide for affordable housing costs.
7. A request for a waiver shall include evidence. to justify why it is necessary to
allow construction of the development on the site.
3. The Affordable dousing Unit Plan described in subsection 30-17.15 below.
9. Any other information reasonably requested by the Planning and Building
Director to aid in the implementation of this section 30 -17.
C. A project with a Density Bonus Application, Including a request for
concessions, incentives or waivers, shall be reviewed for approval. by the Planning
Board; provided, however, that if a Development involves another. permit or entitlement
requiring City council approval, then the Planning Board may deny the development
project or recommend its approval to the City Council.
d. A requested concession, incentive, or waiver shall be approved unless the
findings for denial listed in subsection 30.17.9 a., "Requests for Incentives or
concessions," or 30 -17.12 a., "Waivers of Development Standards the Physically
Preclude construction," are made in writing.
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e. Decisions of the Planning Board may be appealed to or reviewed by the city
Council as provided in Section 30 -25 of this code, =Appeals or calls for Review."
30-17.5 Density Bonus standards
a. Developments subject to this section Include projects undertaken in
phases, stages, or otherwise developed in distinct sections.
b. If the site of a Development proposal is located in two or more zones, the
number of dwelling units permitted in the Development is the sure of the dwelling units
permitted in each of the zones. The permitted number of dwelling units may be
distributed within the Development without regard to the zone boundaries.
C. Total units or total dwelling units does not include units added by a
Density Bonus awarded pursuant to this section.
d. The Applicant shall elect whether the Density Bonus shall be awarded on
the basis of the development category they select. The. granting of a Density Bonus
shall not be interpreted, .in and. of .itself, to .re.quire a General Plan amendment, zoning
change, or other discretionary approval.. All density calculations resulting in fractional
units shall be rounded up to the next whole number.
e. For projects subject to section 30 -10 of this .code, "Inclusionary Mousing
Requirements for Residential. Projects," the incldsionary units required by.that section
may be counted toward the affordable unit requirements of this section 30 -17. To the
extent that the provisions of this. section and.. section .30-16 conflict, the. more
demanding provisions in terms of affordable housing production of section 30-1.6. shall
prevail.
f. An applicant shall agree and the City shall..ensure continued affordability
of all low- and very -lour- income units that qualified an Applicant for. the award .of the
Density Bonus for 30 years or a longer period of .tine if required by the construction or
mortgage financing assistance program, mortgage insurance program, or rental
subsidy program.
.9. An Applicant shall agree and the City shall ensure that the initial
occupant of the moderate- income units..that .are directly related to the receipt of the
Density Bonus in a Common Interest Development are. persons and families of
moderate income and that units are offered at. an affordable sales price and housing
cost as defined by section 30 -.1 7 and Government Code section .65915 as it exists
when a complete application for a Development is submitted to the city.
30 -17.6 Development and Housing Unit Types
a. The provisions of this section 30 -17 apply to the following development
categories:
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1 New residential development projects of 5 or more dwelling units, regardless
of the type of dwelling units proposed. Applicant shall demonstrate that at
least 5 residential units can be developed on the project site in compliance
with all zoning and development regulations.
2. Where permitted or conditionally permitted by the underlying zoning
designation of a site, mixed -use developments that include at least 5
dwelling units.
3. substantial rehabilitation of one or more multiple- family residential structures
containing at least 5 units that results in a net increase in the available
residential units.
4. Development that will change the use of an existing building from
nonresidential to residential and .that will provide at least 5 residential units;
5. Development that includes the conversion of at least 5 residential rental
units to ownership housing.
b. Developments. projects that.. may be considered under. the above
categories include the following housing .unit types:
1. Developments where at least 5 :percent of the total units are for Very Low
Income Households, (seesubsecti 30- 17.7.1)
2. Developments where at least 10 percent of the total units are for Low
Income Households, (see subsection 30717.7.2)
3. Developments where at. least .10 pe of the.. total units .in .a common
interest development, as defined in Section 1 35'1 of the Civil code are for
Moderate Income households (see subsection 30- 17.7.3
4. A Senior Citizen Housing Development or Mobile Home Park that limit
residency based on age requirements (see subsection 30- 17.7.4)
5. Developments that include the donation of land. (see subsection 30- 17.7.5)
6. Developments that include Child Care. Facilities. (see subsection 30- 17.7.6)
7. condominium conversions. (see subsection 30-17.7.7)
c. These provisions shall not apply. to projects .on sites. where the density of
dwelling units already exceed the maximum permitted by the General Plan or
Municipal code. Projects on such sites .shall not be entitled to a density bonus,
concessions, incentives, waivers, or reductions in parking standards.
3017.7 Specified Dousing Unit Type, criteria, and Standards
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The city shall grant a Density Bonus, and incentives or concessions as
described in subsection 30- 17.10, when an Applicant seeks and agrees to construct a
Development that meets the standards and criteria of the following specified housing
unit types.
30- 17.7.1 Development that Include very Low Income Households
a. A very Low Income Household project shall include a minimum of 5
percent of the total dwelling units of a Development or Mixed Use Development for
Very Low Income Households as defined in section 50105 of the Health and safety
Code.
b. For residential developments that include 5 percent of the total dwelling
units of a Residential Development for Very Lour Income Households, the Density
Bonus shall be calculated as follows:
Percentage Very Low Income Units
5
0
7
8
9
10
11
Percentage Density Bonus
20
22.5
25
27'5
30
32.5
35
30- 17.7.2 Development that. Include Low Income Households
a. A Low Income Household project shall .include a mir imum .of .10. percent
of the total dwelling units of a Development or. Mixed Use.. Development for Law
Income Households as defined in .Section 50079.5 of the Health and Safety code
b. For residential.developments that include 10 percent of the. total dwelling
units for Low Income Households, the Density Bonus shall be calculated as follows:
Percentage Low Income Units
10
11
12
13
14
15
10
17
18
19
20
Percentage. Density Bonus
20
2'1.5
23
24.5
2.6
27.5
29
30.5
32
33.5
35
IN
30-17.7.3 Developments that Include moderate Income Common Interest
Developments
a. A Moderate Income common Interest project shall include a minimum of
10 percent of the total dwelling units in the development for Moderate Income
Households as defined in Section 1351 of the civil code (typically a condominium or
small -lot single family development) for persons and families of Moderate Income, as
defined in Section 50093 of the Health and Safety code, provided that all units in the
development are offered for purchase to income qualified members of the general
public.
b. For Residential Developments that include 10 percent of the total
dwelling units in a common interest development for persons and families of Moderate
Income, the Density Bonus shall be calculated as follows:
Percentage Moderate Income Units
Percentage Density Bonus
10
5
11
6
12
7
13
8
14
9
15
10
16
11
17
12
18
13
19
14
20
15
21
16
22
17
23
18
24
19
25
20
26
21
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
0
30- 17.7.4 A senior citizen Housing Development or Mobile Home Park that Limit
Residency Based on Age Requirements
A senior Citizen dousing Development or a 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 civil code shall be entitled to a Density Bonus of 20
percent of the number of senior housing units.
30-17.7.5 Developments that Include the Donation of Land
a. when an Applicant for a tentative subdivision map, parcel map, or other
residential development approval donates land to the city in accordance with this
subsection, the Applicant shall be entitled to a 15 percent increase above the
otherwise maximum allowable residential density for the entire Development as
follows:
Percentage very Low Income
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Percentage Density Bonus
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
b. The Density Bonus for land dedication shall be in addition to any Density
Bonus allowed by subsections 30- 17.7.1 through 30- 17.7.4, up to a maximum
combined increased of 35 percent if the Applicant seeks an increase under this
subsection 30- 17.7.5. Nothing in this subdivision shall be construed to enlarge or
diminish the City's authority to require a developer to donate land as a condition of
development.
C. An applicant shall be eligible for the increased Density Bonus described
in this subsection if all of the following conditions are met:
The Applicant donates and transfers the land to the city no later than the
date of approval by the city of the final subdivision map, parcel map, or
Application of the Development seeking the Density Bonus.
2. The developable acreage and zoning classification of the land being
transferred are sufficient to permit construction of units affordable to very
Low Income households in an amount not less than 10 percent of the
number of residential units of the proposed Development seeking the
Density Bonus.
3. The transferred land:
(t) is at least one acre in size or of sufficient size to permit
development of at least 40 units; and
(ti) has the appropriate General Plan designation and is appropriately
zoned with appropriate development standards for development at the
density described in paragraph 3 of subdivision .(c) of section. 65583.2 of
the Government Code, or as it may be amended from.time to time; and
(iii) is or will be served by adequate public facilities and infrastructures
for the development of very -low- income housing when transferred; and
(iv) has appropriate zoning and development standards to make the
development of the. Affordable Housing Units feasible; and
(v) No later than the date df approval.. of the .final subdivision map,
parcel snap, or of the Development application seeking the Density
Bonus, 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 section 65583.2(i), if the design is not reviewed
by the city prior to the transfer.
4. The transferred land and the Affordable Housing Units .shall be subject to a
deed restriction, which shall be recorded on the property upon dedication,
ensuring continued affordability of the units for at least 30 years.
5. The land is transferred to the city or to a housing developer approved by the
city.
6. The transferred land is within the proposed Development or, if the city
agrees, within one quarter mile of the boundary of the proposed
Development.
7. A proposed source of funding for the development of very low income units
shall be identified not later than the date of approval of the final subdivision
reap, parcel map, or residential development application.
30 17.7.6 Developments that Include a child Care Facility
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a. when an Applicant proposes to construct a Development that conforms
to the requirements of subsection 30.17.7 and includes a Child care Facility located
on the premises of, as part of, or adjacent to the Development, the city shall grant
either of the following:
1. An additional Density 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
care facility.
2. An additional concession or incentive designated by the City that contributes
significantly to the economic feasibility of the construction of the child care
Facility.
b. In order to qualify for a Density Bonus as provided in this subsection 30-
17.7.0, the Applicant shall submit for review and approval by the Planning and Building
Director financial report (pro forma) for the proposed child Care l= acilitythat includes
sources of operating revenue to ensure that the center remains open and provides the
promised services for the life of the project.
C. The city shall require, as a condition of approving the Development that:
1. The Child Care Facility shall remain in operation .as long as or longer than
time during which the Affordable Housing Units are required to remain
affordable pursuant to this section 30- 17.7.0; and
2. of the children who .attend the child Care Facility, the children of very Low-
Income Households, Low Income Households, Moderate- Income
Households shall equal a percentage that: is. equal to. or greater than the
percentage of Dwelling Units that are made affordable to Very Lew Income
Households, Low Income Households, or Moderate- Income Households.
d. Notwithstanding any requirement of this subsection 30-17.7.6, the city
need not provide a Density Bonus or concession for a child care Facility if it finds,
based upon substantial evidence, that Alameda .has adequate child care facilities.
30- 17.7.7 Condominium Conversion Developments
a. When a Development is the conversion of an existing apartment complex
to a condominium complex and the Applicant.agrees to make at least 33 percent of the
total units of the Development affordable .to Moderate .income .ho.usehoIds for 30 years,
or 15 percent of the total units of the proposed Development affordable to Lour- Income
households for 30 years, and agrees to pay for the administrative costs incurred by the
City to process the application and to monitor the continued affordability and
habitability of the Affordable Housing Units, the city shall either:
1. Grant a Density Bonus of 25 percent; or
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2. Provide other incentives of equivalent financial value as determined by the
city.
b. clothing in this section shall be construed to require the city to approve a
proposal to convert apartments to condominiums.
C. An Applicant shall be ineligible for a Density Bonus or other incentives
under this subsection 30 if the apartments proposed for conversion are in a
Development for which a Density Bonus or other incentives were previously provided
under this section 30-17 or section 30 -10 of this code.
30 -17.3 Design, Distribution and Tinning of Development of Affordable Housing
Units
a. Affordable Housing Units .must be constructed concurrently with market
rate units. Affordable Housing Units shall be integrated into the Development and.. be
comparable in infrastructure (including seater, water and other utilities), construction
quality and exterior design to the market rate units. The Affordable Housing Units
must also comply with the following criteria:
1. Rental Developments: Rental units shall be integrated within and reasonably
dispersed throughout the project. All Affordable. Housing Units shall reflect
the range and numbers of bedrooms provided in the :project as a whole, and
shall not be distinguished by design, consructi�an or materials.
2. Owner- occupied Developments: Owner-occupied units shall be integrated
within the project. Affordable Housing Units may be smaller.in size and have
different interior finishes and. features than market -rate units so. long as the
interior features are durable, of good quality and consistent with
contemporary standards for. now housing as determined by.the Planning and
Building Director. All Affordable. Housing Units shall reflect the ..range and
numbers of bedrooms provided in the project as a whole, except that
Affordable Housing Units need not provide more than four bedrooms.
b. No building permits will be issued for market -rate units until .permits for
all Affordable Housing Units have been obtained, unless.Affordable Housing Units are
to be constructed in phases pursuant to a plan approved by the .city.
C. Market -rate units will not be inspected for occupancy until all Affordable
Housing Units have been constructed, unless Affordable. Mousing Units are to be
constructed in phases pursuant to a plan approved by the City.
30 -17.9 Requests for Incentives or Concessions for sites with a Commercial or
Mixed Use Zoning Designation
a. when an Applicant proposes a Development Project for any specified
housing unit type on a site with a Commercial or Mixed Use Zoning Designation, other
than a senior citizen housing development or mobile home park pursuant to
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subsection 30-17.7.4, the city shall provide the Applicant with incentives or
concessions as defined by subsection 30-17.10. The Applicant must submit a Density
Bonus Application, as described in subsection 30-17., identifying the specific
incentives or concessions that the Applicant requests. The city shall grant the
concession or incentive requested by the Applicant unless the city makes any of the
following written findings, based upon substantial evidence:
1. The concession or incentive is not required to provide for Affordable
Housing costs as defined in Section 50052.5 of the Health and safety code
or for Affordable Rents for the targeted units,
2. The concession or incentive would have a specific adverse impact as
defined in paragraph (2) of subdivision (d) of section 55589.5, upon public
health and safety or the physical.environmert or on any. real property that is
listed in the California Register of Historical Resources or. designated a City
of Alameda Historical. Monument or included in the city of Alameda's
Historical Building study List and for which there is no feasible method to
satisfactorily miti ate or avoid the specific adverse impact without rendering
the development unaffordable to Love- and Moderate -i ncorne households;
3. The request is to modify the minimum building standards approved by the
California Building standards. Commission as provided. in Part .2.5
(commencing with Section 18901) of Division 13 of.the Health and Safety
Code.
4. The request is for direct. financial incentives for the Development, including
the provision of publicly owned land or the waiver of fees or dedication
requirements.
5. The concession or incentive would be contrary to state or federal law.
30 -17.10 Incentives or Concessions Defined
For the purposes of this section, concession or incentive means:
a. A reduction in site Development standards or a modification of zoning
code or architectural.d.esign requirements that exceed the minimum building standards
approved by the California Buil d.i ng Standards. commission as provided in Part 2.5
(commencing with. Section 19901) of. Division 13. of the Health and safety code,
resulting in identifiable, financially sufficient, and actual cost reductions. "concession
or incentive" may include but is not limited to any of the following:
1. Reduced minimum lot sizes and /or dimensions
2. Reduced minimum setbacks
3. Reduced on -site open -space requirements
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4. Increased maximum lot coverage
5. Increased floor area ratio
5. Reduced parking requirements
7. Modification of the zoning code to permit mixed use development in
conjunction with the Development if non residential uses will reduce the
development cost of the residential portion of the Development and if the
non residential uses are compatible with the Development and with
existing or planned development in the area as set forth in the Alameda
General Plan.
b. Nothing in this section shall be construed to require the provision of
direct financial incentives for a Development, including the provision of publicly owned
land by the city or other waiver of fees or dedication requirements. Moreover,
concessions or incentives shall not include any exceptions, waivers or departures from
health and safety standards of building and fire codes or from solid waste and
recycling standards established by the state of California and the City of Alameda.
30- 17.11 Number of Incentives or concessions
a. If the conditions of subsection 30 -17.7 are met, the following incentives
or concessions shall beF granted:
1. one incentive or concession for a Development that makes: at. least 10
percent of the total units affordable to Low- Income Households; or at least 5
percent of the total units affordable to Very Low Income Households; or at
least 10 percent of the total units affordable to persons and families of
Moderate- Income in a common interest development.
2. Two incentives or concessions for a Residential Development that makes:
at least 20 percent of the total units affordable to. Low- Income Households;
or at least 10 percent of the total units affordable to Very Low Income
Households; or at least 20 percent of the total units affordable to persons
and families of Moderate- Income in a common interest development.
3. Three incentives or concessions for a Residential Development that makes:
at least 30 percent of the total units for. Low Income Households; at least 15
percent for Very Low Income Households, or at least 30 percent for persons
and families of Moderate- Income in a common interest development.
30- 17.12 'waivers of Development Standards that Physically Preclude
Construction
a. An Applicant may submit a proposal for the waiver of development
standards that would have the effect of physically precluding the construction of a
Development meeting the criteria of subsection 30- -17.7, at the densities or with the
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concessions or incentives permitted. The city shall grant the waiver requested by the
Applicant unless the city makes any of the following written findings, based upon
substantial evidence:
1. The development standard does not physically preclude the construction of
the development at the densities or with the concessions or incentives
permitted.
2. The requested development standard waiver would have a specific, adverse
impact, as defined in paragraph (2) of subdivision (d) of Section 55589.5,
upon health safety, or physical environment, and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse
impact.
3. The requested development standard waiver would have an adverse impact
on any real property that is listed in the California Register of Historical
Resources or designated a .City of Alameda historical Monument or included
in the city of Alameda's Historical Building .study List. and. for which there is
no feasible method to satisfactorily mitigate or avoid the specific adverse
impact without rendering the development unaffordable to Low- and
Moderate- Income households.
4. The requested development standard waiver would be contrary to state or
federal lave.
b. Allowance for three or more dwelling units in a building, shall be
considered a waiver of the development standards found at Arti.cle xxvl of the
Alameda City charter and Alameda Municipal Code Sections 30- 50.through 30 -53.4 if
shown to be necessary to make construction of the project physically feasible.
C. A proposal for the waiver or reduction of development standards
pursuant to this subsection .shall neither reduce nor increase the number of incentives
or concessions to which the Applicant is entitled.
30- 17.13 Requests for Reduced Parking Ratio
a. Upon the request of the Applicant, a Development meeting the criteria of
subsection 30 -17.7, shall .be subject to the following on -site parking ratios (inclusive of
handicapped and guest parking
1. Zero to one bedroom: one onsite parking space.
2. Two to three bedrooms: two onsite parking spaces.
3. Four and more bedrooms: two and one -half parking spaces.
b. 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. For
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purposes of this subsection, a development may provide "onsite parking" through
tandem parking or uncovered parking, but not through on- street parking.
C. This subsection shall apply to a Development that meets the
requirements of subsection 30 -17.7 but only at the request of the Applicant. An
Applicant may request parking incentives or concessions beyond those provided in
this subsection.
30 -17.14 Compliance
a. The provisions of this section 30-17 shall apply to all agents, successors
and assignees of an Applicant proposing a Development governed by this section 30-
1 7. No tentative map, use permit, special development permit or occupancy permit
shall be issued for any Development that has been granted a Density Bonus under this
section unless that map or permit is exempt from or in compliance with the terms of
this section 30-17.
b. The city may institute any appropriate legal actions or proceedings
necessary to ensure compliance herewith, including but. not limited to actions to
revoke, deny or suspend any permit or development approval.
30-17.15 5 Affordlable housing Unit Plan
a. An Applicant shall submit an Affordable Housing Unit Plan as part of the
Development Application.
b. The Affordable Housing Unit Plan shall include the following:
1. The location, structure (attached, semi attached, or detached), proposed
tenure (sale or rental), and size of proposed market -rate, and Affordable
Housing Units and the proposed tenure and size of non residential uses
included in the Development;
2. A floor or site plan depicting the location of the Affordable. Housing Units and
a floor plan describing the size of the Affordable Housing Units in square
feet;
3. The income level to which each Affordable Housing Unit will be made
affordable;
4. Drafts of the documents to be used to ensure that the units remain
affordable for the required term, such as resale and rental restrictions,
deeds of trust, and rights of first refusal;
5. For phased Developments, a phasing plan that provides for the timely
development of Affordable Housing Units in proportion to other housing units
in each proposed phase of development as required by this section;
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5. A marketing plan that describes how the Applicant will inform the public, and
those within the appropriate income groups, of the availability of Affordable
Housing Units;
7. A financial report (pro forma) to evaluate: i) whether the concessions or
incentives sought would result in identifiable, financially sufficient, and actual
cost reductions; ii} whether the concessions or incentives sought are
necessary to reduce the cost of the housing project sufficiently to make
feasible the provision of the Affordable Housing Units; and iii} how any
additional concession or incentive would contribute significantly to the
economic feasibility of the construction of the Child care Facility if a Child
Care Facility is proposed; and
8. Any other information reasonably requested by the Planning and Building
Director to assist evaluation of the Affordable Housing Unit Plan.
30-17-16 6 Affordable Housing Unit Agreement
a. Each Development for ►which a .Density Bonus and .inco.ntive or Incentives
is granted pursuant to this section 30-17 shall be the. subject of an.Affordable Housing
Unit Agreement the provisions of which will vary depending on how a. Development
satisfies the provisions of this section 30-17. The Affordable Housing .Unit Agreement
shall be recorded as a restriction. on the parcel or parcels on which the Affordable
Housing units will be constructed. The Affordable dousing Unit Agreeme nt. shall. be
approved and recorded before final reap approval, or, where a snap is not .requested,
prior to issuance of building perm..its for market -rate units..T.he. Affordable Housing U nit
Agreement shall be binding fln all future owners and successors in interest. An
Affordable Housing Unit Agreement must include:
1. A description of the. Development, including the. total -n of units, and
the number and tenure (sale or.rental) of Affordable dousing Units.
2. The size, in square feet, and location of Affordable Housing Units;
3. A description of the income group to be accommodated by the Affordable
Housing Units, and the formula for determining the .Affordable Rent or sales
price and Affordable Housing cost for each Affordable dousing Unit;
4. The duration of affordability for the Affordable Housing Units;
5. A schedule for completion and occupancy of the Affordable Housing Units;
6. Provisions and/or documents for resale restrictions, deeds of trust, rights of
first refusal or rental restrictions or other appropriate means to maintain the
affordability of the Affordable Housing Units;
17
7. A Marketing Plan approved by the city for sale or rental of:' the Affordable
Housing Units, which shall use an equitable method to select renters or
purchasers of the Affordable Housing Units;
8. Provisions for subletting units consistently with affordability restrictions;
9. Procedures for qualifying tenants and prospective purchasers of Affordable
Housing Units.
10. Provisions for monitoring the ongoing affordability and habitability of
Affordable Housing Units; and
11.A description of the concessions) or incentive(s) provided by the City.
30- 17.17 Affordable Housing Limit Agreements for Ownership Units
a. In addition to the requirements of subsection 30- 17.10, an Affordable
Housing Unit Agreement for an ownership Develoment must provide the following
conditions governing the sale and use of Affordable Housing Units during the use
restriction period:
1. Affordable Housing Units shall be sold to very Low Income households, Love
Income households or Moderate Income households in a common interest
development, at an affordable sales price and Affordable Housing Cost as.defined by
this section 30 -17 and Government Code. section 0 .591 5 as it .exists when a complete
Application for the Development is submitted to the city.
2. The Affordable Housing Units shall be owner occupied by 'fiery Low or Low
Income households or by Moderate Income households within common interest
developments.
3. W ith the exception of Moderate. Income housing units, the resale price of any
affordable unit shall not exceed the purchase price paid by the owner of that unit with
the following exceptions:
(i) Customary closing costs and costs of sale,
(ii) cost of real estate commissions paid by the seller if a licensed
real estate salesperson is employed, and
seller.
(iii) Consideration for permanent capital improvements installed by the
4. Upon resale of Moderate Income housing units, the seller of the unit shall
retain the value of any improvements installed by the seller, his or her down payment,
and the seller's proportionate share of appreciation. The city shall recapture any initial
subsidy and its proportionate share of appreciation, which shall then be used within
five years for the purposes of increasing, improving, and preserving the City's supply
is
of Low and Moderate Income housing available at affordable housing cost. The city's
proportionate share of appreciation is the ratio of the initial subsidy to the fair market
value of the home at the time of initial sale. The initial subsidy is the fair market value
of the home at the time of initial sale minus the initial sale price to the moderate
income household, including any down payment assistance or mortgage assistance. If
upon resale, the market value is lower than the initial market .value, then the value at
the time of the resale shall be used as the initial market value thereafter.
5. The purchaser of each Affordable Housing Unit shall execute an instrument
or agreement approved by the city restricting the sale of the Affordable Housing Unit
in accordance with this subsection 30 -17.17 during the use. restriction period. Such
instrument or agreement shall be recorded against the parcel .containing the Affordable
Housing Unit and shall contain such provisions as. the.. City may require ensuring
continued compliance with this subsection 30- 17.17. and with Government code
section 55915. with respect to Moderate- Income Affordable Housing Units, the
instrument or agreement shall provide for equity sharing as set forth in Government
Code section 05015 and paragraph d. of this subsection 30- 17.17.
0. Any additional obligations relevant to the compliance with this subsection 30-
VAN
30-17.18 Affordable Housing Unit Agre.ements.for Rental.Units.
a. In addition to the requirements of subsection 30- 17.17, an Affordable
Housing Unit Agreement for a rental Deve.loprnent must. provide the following
conditions governing the use of Affordable Mousing Units during the use restriction
period
1. specific property management procedures far qualifying and..documenting
tenant income eligibility, establishing Affordable Rent and maintaining
Affordable Housing Units.for qualified tenants;
2. Provisions requiring property owners to. maintain books and records to
demonstrate compliance with this section .30 -17.
3. Provisions requiring the Property Owner to submit an annual report to the
City which includes the name(s), address, and income of .each household
occupying Affordable Housing Units, and which identifies. the bedroom ..size
and monthly rent o.r .cost of each Affordable Housing Unit. The .information
included in this report shall be maintained in confidence by the city and
used only to enforce the requirements.of this section 30 -17.
4. Provisions describing the amount and time for payment of Administrative
Fees to the city for the on -going monitoring of the Development's
compliance with this section 30 -17 as provided in subsection 30 -17.10
below,
5. Any additional obligations relevant to the compliance with this section 30 -17.
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30 -17.19 Administrative Fee
The City shall charge an Administrative Fee to Applicants to cover the City's
cost to review all materials submitted in accordance with this section 30-1 and for on-
going enforcement of this section. The amount of the Administrative Fee shall be
established from time to time by City Council resolution. Fees will be charged for inter
alia, staff time, consultant costs, legal fees, and materials associated with. review and
approval of applications for the Development; project marketing and lease -up; long-
g
terra compliance of the Applicant, and successors -in- interest to the Applicant, with
respect to the maintenance of the Affordable Housing knits as such.
30- 17.20 violation of Affordable Housing Cost
a. if the Planning and Building Director determines that rents in excess of
those allowed by this section 30 -17 have been charged to a tenant residing in a rental
Affordable Housing Unit, the City may take the appropriate legal action to recover a and
the rental unit owner shall be obligated to pay .to the tenant (or to the city in the event
the tenant cannot be located), any excess rent paid.
b. If the planning and Building Director determines that a sales price in
excess of that allowed by this section 30 -17 has been charged for an
ownership
Affordable Residential Unit, the City may take the appropriate legal action to recover,
and the Affordable residential unit seller shall be obligated to pay to the urchaser
p (or
to the City in the event the purchaser cannot be located), any excess .sales .costs.
Section 2 severability Clause. It is the .declared intent of the .City Council of
Alameda that if any section, subsection, sentence, clause, phrase, or p rovision of this
ordinance is held invalid or unconstitutional by .a court of competent 'urisdlction; such
invalidity or unconstitutionality shall not render. invalid or unconstitutional the. remainin
provision of this ordinance and to that end the provisions of this ordinance are he
declared to be severable.
Section 3 This ordinance and the rules, regulations, provisions,
requirements, orders, and matters established and adopted hereby shall take effect
and be in full force and effect from and of he expiration of thirty 30) s from the
da y
date of its final passage.
Presiding is V thf i ty Council
Attest:
LA
Lara Weisiger, city Cler
City of Alameda
20
I, the undersi hereb certif that the fore Ordinance was dul and
re adopted and passed b the Council of the Cit of Alameda in a re
meetin assembled on the 1st da of December, 2009 b the followin vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam,
and Ma Johnson 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the official seal of
said Cit this 2nd da of December, 2009.
Lara Weisi Cit ClQrr\l
Cit of Alameda