Avalon City Zoning Code
CHAPTER 9
11 Affordable Housing
§ 9-11.101 Purpose.
[§ 9-11.101, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
The purpose of this chapter is to:
(a)
Foster realization of the goals of the community vision elaborated in the Avalon 2030 Vision as adopted by resolution of the City Council on July 16, 2013, and the City Council Goals adopted March 17, 2015. The Avalon 2030 Vision was drafted by a working group of Avalon citizens after numerous community meetings, focus groups, and surveys and embodies the statement of policy pursuant to which the comprehensive, long-term plans for the development of Avalon shall be formulated and measured. With regard to housing, the Avalon 2030 Vision states as a goal that "residents have access to dignified, affordable housing."
(b)
Address City Council Goals, adopted following multiple study and brainstorming sessions of the City Council, with input from the community, on the specific achievements, accomplishments, and outcomes they would like to see for the City including updating the Municipal Code to address outdated codes and codes that are inconsistent with the vision of the City.
(c)
Encourage the availability of dignified, safe, and affordable workforce housing within the City of Avalon by promoting development of decent living environments and removing unnecessary barriers to such development in order to increase the opportunities for dignified, safe, and affordable housing for lower- and moderate-income households, as well as households with special needs, and to thereby implement the housing policies articulated in the Housing Element of the General Plan.
(d)
Assist in the development of affordable home ownership opportunities for lower- and moderate-income residents and ensure the long-term affordability of those opportunities for years to come.
(e)
Ensure that the private sector, in addition to public sector, participates in the provision of affordable housing for workers within the City of Avalon.
(f)
Adopting the affordable inclusionary requirement for each applicable residential development will ensure that affordable housing will be dispersed throughout the City and throughout each project and not be segregated from market-rate housing.
§ 9-11.102 Findings.
[§ 9-11.102, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
The City of Avalon finds that:
(a)
Both California and the City face a serious housing problem that threatens their economic security. Lack of access to workforce housing has a direct impact on the health, safety, and welfare of the residents of the City. The City will not be able to contribute to the attainment of state housing goals or to retain a healthy environment without additional affordable housing. The housing problem has an impact upon a broad range of income groups including many who are not impoverished by standards other than those found in California's and the City's housing markets, and no single housing program will be sufficient to meet the housing need.
(b)
Without assistance from government, there exists within the City a shortage of workforce housing that is affordable (either for rental or purchase) to persons of lower and moderate income.
(c)
The California Legislature has consistently recognized the continuing need for affordable housing in California, stating in Government Code § 65580 that "the availability of housing is of vital statewide importance, and the early attainment of decent housing . . . is a priority of the highest order" and, further, that "local . . . governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community."
(d)
Strong demand for second (vacation) homes has helped push the purchase price of a home in the City beyond the reach of much of the local workforce.
(e)
Home ownership helps foster a stable middle income population that strengthens and benefits the community economically and socially. Rapid rises in real property and development costs have eliminated affordable housing for the middle class in the City. Teachers, firefighters, managers, medical professionals, and others considered as middle class can no longer afford to purchase a modest home.
(f)
There is a need to develop housing removed from the speculative real estate market by imposing various restrictions designed to ensure that it is owned and lived in by local workers and remains in the affordable housing pool when sold.
(g)
Development of new commercial projects and market-rate housing encourages new residents to move to the City. These residents, together with other commercial projects, will place demands on services provided by both the public and private sectors. Some of the public and private sector employees needed to meet the needs of the new residents or commercial developments earn incomes only adequate to pay for affordable housing. Because affordable housing is in short supply within the City, these employees may be forced to live in less than adequate housing within the City or pay a disproportionate share of their incomes to live in adequate housing. These circumstances harm the City's ability to attain goals articulated in the City's General Plan and strain the City's ability to accept and service new market-rate housing development or commercial projects.
(h)
The State of California requires each city to develop a general plan establishing policies for future development. As described in Government Code § 65580, it is essential in achieving the state's housing goals of decent housing and a suitable living environment for every Californian to designate and maintain a supply of land sufficient to meet the locality's housing needs for all income levels, including adequate housing to meet the needs of low- and moderate-income households.
(i)
The City's Housing Element, as contained within the City's adopted 2030 General Plan/Local Coastal Plan, requires the City to assist in providing increased affordable housing opportunities for all residents. This includes specific policies that assist in the development of affordable ownership housing for lower and moderate income residents.
(j)
If new development is solely created for higher income, second-home ownership, it will exacerbate the work force housing shortage and reduce the limited supply of water and developable land that is available for affordable workforce housing within the City.
(k)
The requirement to provide affordable housing in new projects will serve an important public purpose and help mitigate the impacts of such development on the affordable housing shortage. Inclusionary housing policies contribute to a healthy job and housing balance.
(l)
The citizens of the City seek a well-planned, aesthetically pleasing and balanced community, with housing affordable to lower- and moderate-income households. Workforce housing should be available through the City, and not restricted to a few neighborhoods and areas. However, there may also be tradeoffs where constructing affordable units at a different site than the site of the principal projects may produce a greater number of affordable units without additional costs to the project applicant. Thus, the City finds that in certain limited circumstances, the purpose of this chapter may be better served by allowing the developer to comply with the inclusionary requirement through alternative means, such as the development of off-site housing, or dedication of land. For example, if a project applicant can produce a significantly greater number of affordable units off site, then it may (but not always) be in the best interest of the City to permit the development of affordable units as a different location than that of the principal project, as further set forth in this Chapter 9-11.
(m)
The City is aware that there may be times when the inclusionary housing requirements make market-rate housing more expensive. In weighing all the factors, including the significant need for affordable housing, the City has made the decision that the community's interests are best served by the adoption of this inclusionary housing ordinance.
(n)
The adoption of an inclusionary housing requirement in compliance with the City's General Plan will provide a mechanism for all residential development containing five or more units to provide their fair share of affordable housing consistent with the City's adopted Housing Element; and an inclusionary program will aid the City in achieving the goal of making affordable housing diverse, dispersed and inclusionary.
§ 9-11.103 Definitions.
[§ 9-11.103, Ord. 1092-10, eff. May 20, 2010 Ord. 1174-19, eff. March 21, 2019; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
Please note these definitions contain additional provisions and requirements of the Inclusionary Housing Program. Please read carefully.
Has the same meaning as set forth in California Health and Safety Code § 50052.5, and any successor statute or regulation.
Has the same meaning as set forth in California Health and Safety Code § 50053, and any successor statute or regulation.
A housing unit which either has a monthly contract rent which is equal to or less than the Fair Market Rent as established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 existing or new construction rental assistance programs and which is subject to a Section 8 agreement assuring that HUD will assist lower-income persons to rent such units; or
Units which rent at a monthly rate, including a utility allowance, not to exceed 30% of the low-income family's income; or
A unit made available and guaranteed by a federal or state agency to achieve the goal of providing affordable housing to those that earn 80% or less of the median income for the SMSA.
A housing unit which is made available for the use of moderate-income families and which either:
Rents at a monthly rate not to exceed 120% of the fair market rent (FMR) for existing units in the SMSA as promulgated by HUD; or
A unit made available and guaranteed by a federal or state agency to achieve the goal of providing affordable housing to moderate-income families in the SMSA; or
A unit which is sold and/or resold to a person or family which meets the income eligibility requirements as defined herein for "moderate income."
The area median income for Los Angeles County, California, adjusted for family size, as annually estimated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937 or as published in Section 6932 of Title 25 of the California Code of Regulations or any successor provision published pursuant to California Health and Safety Code Section 50093(c) and any successor statute or regulation.
Anything owned by an individual that has commercial or exchange value. Assets consist of specific property or claims against others, in contrast to obligations due to others. Assets do not include household personal goods used for day-to-day living or equipment used in the regular course of a person's business.
The City of Avalon City Manager or his or her designee.
A joint signatory of a promissory note who shall not occupy the unit unless qualified by the City.
For rental units, that prior to the development of any units in a project, a recordable contract will be signed between the developer and the City that is binding upon the developer and any successors, to provide and maintain the affordable units consistent with the provisions of this chapter for a period of 55 years; and
For sale units, that prior to the development of any units in a project, a deed restriction will be recorded limiting the developer and any successors, whenever the unit is sold, to sell such unit to persons meeting the income eligibility requirements for low- and moderate-income units as defined herein for a period of 45 years.
Affordable units created under this chapter shall only be sold to low- and moderate-income households that will reside in the unit on a year-round basis.
As a condition of the rental or sale of any unit created under this chapter, the City must verify that the conditions of this chapter, and any contract or deed restriction established pursuant to this chapter, are fulfilled.
The document that contains the details of the applicable deed restriction.
A contract entered into between the City and the owner or purchaser of real property identifying the conditions of occupancy and resale.
An increase in the number of units authorized for a particular parcel beyond normal densities authorized in the City's Land Use Element and Zoning Ordinance. These additional densities shall be used exclusively to provide market-rate year-round rental housing.
Any residential structure or portion of a structure designed or used as a separate habitation for one or more persons, that is complete with independent living facilities, including permanent provisions for living, sleeping, eating, cooking and sanitation, but shall not include motel or hotel units.
Households whose income and assets limits for various household sizes are either low income (80% area median income) or moderate income (120% area median income).
A business whose business address is located on Santa Catalina Island, including its waters and harbors, whose business employs qualified employees on Santa Catalina Island. If an employer is not physically based on Santa Catalina Island, a qualified employee must be able to verify that they work on Santa Catalina Island a minimum of 30 hours a week on average in a calendar year.
A household of one or more members.
A statement detailing all personal assets, liabilities and net worth (the difference between assets and liabilities) as of a specific date.
Anything which has tangible or intangible value, including property of all kinds, both real and personal, includes, among other things, patents and causes of action which belong to any persons, as well as any stock in a corporation and any interest in the estate of a decedent; also, the entire property of a person, association, corporation, or estate that is applicable or subject to the payment of debts. Gross assets shall include funds or property held in living trust or any similar entity of interest, where the person has management rights or the ability to apply the assets to the payment of debts. Gross assets shall not include household personal goods used for day-to-day living or equipment used in the regular course of a person's business.
The total income received, including but not limited to alimony, child support, income derived from a business, trust, employment, and from income-producing properties before deductions for expenses, depreciation, taxes, and similar allowances.
One person living alone or two or more persons sharing residency whose income is considered for housing payments.
The combined gross income of all individuals who will be occupying the unit. Adjustments to the gross for business expenses can be made for persons who are self-employed.
The combined net assets of all individuals who will be occupying the unit.
The number of all individuals regardless of age who will occupy the unit.
A new dwelling unit where the owner has entered into a contractual agreement with the City for consideration to offer the rental unit at an affordable rate or a dwelling unit that is available at an affordable housing cost to low- or moderate-income households.
The income that is part of a household's total gross income that is not attributed to payment for work performed, including but not limited to: investment dividends, trust funds, income from real property and allowances.
The ownership of real estate between two or more parties who have been named in one conveyance as joint tenants. Upon the death of one tenant, surviving joint tenants have the right of survivorship.
Persons and families whose income does not exceed 80% of the AMI adjusted for family size in accordance with the adjustment factors adopted by the United States Department of Housing and Urban Development in establishing income limits for lower-income families.
The construction of units for sale or rent as a residential housing development. Market-rate units do not guarantee affordability to low- or moderate-income households.
The median household income as published by the California Department of Housing and Community Development as most recently published at the time the affordable unit is offered for sale or rent.
Persons or households whose income exceeds 80% but not 120%, of the AMI adjusted for family size in accordance with the adjustment factors adopted by the United States Department of Housing and Urban Development in establishing income limits for lower-income households.
The gross assets minus liabilities. Retirement accounts will be reviewed on a case-by-case basis to determine whether or not they shall be included as a net asset, taking into account the tax consequences of withdrawal, whether the account is a defined benefit or defined contribution account and similar factors.
Any real property that both seeks to commence or expand commercial operations within the City of Avalon for which employees will be hired or transferred and: 1) a new structure will be built requiring City planning entitlements; 2) an existing structure will increase its footprint by 50% or more for purposes of continued or expanded commercial purposes; or 3) a residential structure or structures will be converted for commercial purposes.
Any tenancy or occupancy by the same individual or group for a period of not less than six months.
The time period between July 1 through Labor Day during each calendar year.
The City of Avalon Planning Director or his or her designee.
The sole and exclusive place of residence. The owner or renter shall be deemed to have ceased to use the unit as his/her sole and exclusive place of residence by accepting permanent employment outside of Santa Catalina Island, or residing in the unit fewer than nine months out of any twelve-month period.
A person who has been legally employed a minimum of 30 hours worked per week on average over a nine-month period for two continuous years on Santa Catalina Island and must reside on Santa Catalina Island a minimum of nine months out of a year. If self-employed, the worker must provide verification of the work done on Santa Catalina Island. If retiring after living in the inclusionary unit for five years as a qualified employee, the person will continue to be considered a qualified employee.
A living space available for affordable rent as defined in this chapter, offered to an employee of a new commercial development on a nontransient basis, and which meets the minimum standards of a single room occupancy as defined by § 9-17.103 of the Avalon Municipal Code.
Shall have the same definition as "dwelling unit" or "unit."
A project proposing the construction of residential dwelling units where an application for a tentative map, parcel map, or for projects not processing a map, a site plan is received on or after October 4, 2007.
A co-ownership in which individuals hold an undivided interest in real property as if they were a sole owner.
A person who is leasing or has leased a deed restricted unit which is subject to these guidelines, and any qualifying potential lessee of any such deed restricted unit, but only with respect to any issue arising under these guidelines.
§ 9-11.104 General Requirements.
[§ 9-11.104, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
(a)
Any new residential development of five or more purchasable units shall make available inclusionary housing units equivalent to 20% of the units constructed in any residential housing project for the exclusive year-round use of low- and moderate-income households pursuant to this chapter, with the possibility of assistance from the City as contemplated by § 9-11.111. The mix of income categories will be determined at the time the project is approved.
(b)
Any new residential development of five or more rental units must make available inclusionary housing units equivalent to 20% of the units constructed in any residential housing project for the exclusive year-round use of low- and moderate-income households pursuant to this chapter, with the possibility of assistance from the City as contemplated by § 9-11.111. The mix of income categories will be determined at the time the project is approved.
(1)
Where 20% of the market-rate units of five or more is equivalent to more than one-half of a unit, this shall be interpreted to require a full inclusionary housing unit.
No. of Units Proposed | 20% Inclusionary Unit Calculation | No. of I.U.'s Required* |
|---|---|---|
5 | 1 | 1 |
6 | 1.2 | 1 |
7 | 1.4 | 1 |
8 | 1.6 | 2 |
9 | 1.8 | 2 |
10 | 2 | 2 |
11 | 2.2 | 2 |
12 | 2.4 | 2 |
13 | 2.6 | 3 |
14 | 2.8 | 3 |
15 | 3 | 3 |
* | Rounding up from 0.5 |
(2)
Exceptions to this section shall be:
(i)
Residential developments of less than five rental or purchasable units.
(ii)
Approved low- and moderate-income rental housing projects where affordability is guaranteed for the minimum period of 55 years for rental units and 45 years for purchasable units. In addition, the requirements of this chapter do not apply to major or minor repairs of existing buildings, or the reconstruction of any structures that have been destroyed by fire, flood, earthquake or other act of nature, provided that the reconstruction or repair does not increase the number of residential units or increase the interior floor area of a nonresidential structure by more than 1,999 square feet.
(iii)
Developments that have been determined to require an environmental impact report and where the housing mitigation for the development would create more low- and moderate-income units than required by other sections of this chapter.
(3)
The number of inclusionary units required for a particular project will be determined only once, at the time of tentative or parcel map approval, or, for developments not processing a map, prior to issuance of a building permit. If a change in the subdivision design results in a change in the total number of units, the number of inclusionary units required will be recalculated to coincide with the final approved project.
(c)
The following options will satisfy the requirement to provide inclusionary housing:
(1)
Constructing the appropriate number of purchasable inclusionary units as required by § 9-11.104 and entering into a contractual agreement with the City, with the possibility of assistance from the City as contemplated by § 9-11.111, to rent those units at an affordable rate and for a certain duration as described in this chapter.
(2)
Constructing the appropriate number of rental inclusionary units as required by § 9-11.104 and entering into a contractual agreement with the City, with the possibility of assistance from the City as contemplated by § 9-11.111, to rent those units at an affordable rate and for a certain duration as described in this chapter.
(3)
Dedicate to the City developable land large enough to accommodate the required number of inclusionary units.
(4)
Purchase and rehabilitate a comparable number of units within the City as required by § 9-11.104 and entering into a contractual agreement with the City to rent those units at an affordable rate and for a certain duration as described in this chapter.
(5)
Purchase and rehabilitate a comparable number of transient rental units, excluding hotel and motel rooms, to be converted into inclusionary units and placed in the year-round market as required by this chapter and for a certain duration as described in this chapter.
(6)
Constructing the appropriate number of inclusionary units off site.
(d)
Any hotel/motel/resort or new commercial development, as defined, shall provide rental space for at least 50% of the number of peak season employees projected to be employed by the development, calculated at the time all required City entitlements have been granted. Any commercial development subject to the provisions of this Chapter is subject to audit by the City following the first peak season after commercial operations have commenced, and the City reserves the right to modify the new commercial development's rental space requirements in line with this chapter if the estimation was deficient. Rents for such accommodations may be established by the hotel/motel/resort/new commercial operator with City approval, consistent with the City's "Implementation Guidelines" policy. Whether the hotel/motel/resort/new commercial operator may use existing housing stock or instead build new rental spaces to fulfill the requirements of this section will also be determined in line with the City's "Implementation Guidelines" policy. All rentals must be for the period of not less than six months.
(e)
Employers in Avalon are encouraged to develop year-round housing for their employees. Any rental spaces in excess of the employees' needs shall be rentable to other members of the community for the period of not less than six months.
(f)
All units in an apartment development shall be made available to members of the community for period of not less than six months. No condo conversions would be allowed.
(g)
Developer of inclusionary units will enter into a recorded affordability covenant with the City which will include restrictions as set forth by this chapter and as contained within the City's "Implementation Guidelines" policy.
(h)
Inclusionary units or rental spaces constructed pursuant to this chapter must be legally restricted to; occupancy by eligible households for which the units were designated for the minimum period of 55 years for rental units and 45 years for purchasable units, recorded in an affordability covenant.
§ 9-11.105 Density Bonus.
[§ 9-11.105, Ord. 1092-10, eff. May 20, 2010; Ord. 1174-19, eff. March 21, 2019]
The City shall provide the minimum density bonuses and other incentives that are required by California Government Code §§ 65915 through 65918. The City's Planning Director shall propose standards and procedures to implement the statutory requirements. The Director's standards and procedures shall be submitted to the City Council for approval by resolution and may be changed from time to time by the same method.
§ 9-11.106 Density Bonus Unit Rental Administration.
[§ 9-11.106, Ord. 1092-10, eff. May 20, 2010]
(a)
Any person building a density bonus unit pursuant to §§ 9-11.105 (Density Bonus) shall be required to execute an agreement and covenant between the applicant and the City.
(b)
The agreement shall provide for the guarantee of tenancy for a period of 12 months in any subsequent rental or lease agreement between the landlord and his agent and any tenant of a dwelling unit created pursuant to §§ 9-11.105.
(c)
The term of the agreement shall be for 15 years and it will be noncancelable during that period. In case a unit authorized pursuant to § 9-11.105 is demolished, the property owner will not retain the right to build to density beyond those allowed in the City Land Use Element and the City Zoning Ordinance.
(d)
Upon approval of a density bonus unit, the agreement will be recorded in the public records of Los Angeles County and proof of such recordation shall be provided to the City before any building permit will be issued for any market rate unit or for any affordable unit conditioned, regulated, or authorized under the provisions of this chapter.
(e)
The agreement between the City and the owner of the density bonus unit shall require that a rental or lease agreement shall be signed between the owner or owner's agent and the tenant of any bonus unit. The term of this agreement shall be for one year except as otherwise required.
(f)
All agreements between the landlord or landlord's agent and the tenant for bonus units shall be furnished to the City 10 days prior to any tenant occupying the unit.
(g)
All units provided under this chapter shall be fully utilized.
§ 9-11.107 Prohibition of Short-Term Rentals.
[Ord. 1174-19, eff. March 21, 2019]
To combat the potential loss of permanent affordable housing in the City, no housing unit in any affordable-housing project may be rented for fewer than 30 days. "Affordable-housing project" here means any project that is given a density bonus under this chapter. This prohibition on short-term rentals applies to every housing unit in these projects, whether the unit is affordable or market-rate.
§ 9-11.108 Sales Unit Administration.
[§ 9-11.106, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
(a)
Through the vehicle of a deed restriction, the City shall require the developer and his successors to guarantee that any dwelling unit made available under this chapter will continually be capable of being purchased by a low- or moderate-income household. A dwelling unit is capable of being purchased by a low- or moderate-income household if the unit can be purchased for an affordable housing cost. For any successive sale of the unit, the right of the City shall be reserved in the deed restriction for the unit to review and verify that the price of the unit does not exceed an affordable housing cost and that the unit is sold to a low- or moderate-income household.
§ 9-11.109 Adjustments; Waivers.
[§ 9-11.109, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
(a)
General. The requirements of this chapter may be adjusted or waived by the Planning Director if the applicant demonstrates to the Planning Director that applying the requirement of this chapter would take property in violation of the United States or California constitutions.
(b)
Timing. For an adjustment or waiver to be considered, the applicant must apply for the same at the time of an application for the residential development.
(c)
Adjustment or Waivers. If the Planning Director, in consultation with the City Attorney, determines that applying the requirements of this chapter, considered together with any variances, or regulatory concessions or incentives that may be applied to the proposed residential project, would take property in violation of the United States or California constitutions, the requirements of this chapter shall be modified, adjusted or waived to reduce the obligations but only to the extent necessary to avoid an unconstitutional result. If the Planning Director, in consultation with the City Attorney, determines no violation of the United States or California Constitutions would occur through application of this chapter, the requirements of this chapter remain applicable.
(d)
Decision and Further Appeal. The Planning Director will determine the (adjustment or waiver) application and issue a written decision within 30 days. The Community Development Director's decision may be appealed to the City Council within 15 days thereafter.
§ 9-11.110 Compliance Procedures.
[§ 9-11.110, Ord. 1092-10, eff. May 20, 2010]
(a)
General. Approval of an Inclusionary Housing Plan and implementation of an approved Inclusionary Housing Agreement is a condition of any tentative map, parcel map or building permit for any development for which this chapter applies. The City Council may impose a fee per inclusionary unit to be set by resolution in order to offset the costs of administering this chapter.
(b)
Inclusionary Housing Plan. Every application for a tentative map, parcel map, or site plan shall include a statement by the applicant that this chapter is not applicable or shall include an Inclusionary Housing Plan. The Planning Director shall review the Inclusionary Housing Plan within 60 days of receipt to determine if the Inclusionary Housing Plan is complete. If the Inclusionary Housing Plan is incomplete, the Inclusionary Housing Plan will be returned to the developer along with a list of the deficiencies or the information required. No application for a tentative map, parcel map, or site plan to which this chapter applies may be deemed complete until an Inclusionary Housing Plan is submitted. At any time during the review process, the Planning Director may require from the developer additional information reasonably necessary to clarify and supplement the application or determine consistency of the proposed Inclusionary Housing Plan with the requirements of this chapter. The Inclusionary Housing Plan must include:
(1)
The location, structure (attached, semi-attached, or detached), proposed tenure (for sale or rental), and size of the proposed market-rate, commercial space and/or inclusionary units and the basis for calculating the number of inclusionary units. Location information should include whether the land is owned by the developer or leased. Leased land would require review of the lease by the City for compliance with the intent of the inclusionary requirements;
(2)
A floor or site plan depicting the location of the inclusionary units;
(3)
The income levels to which each inclusionary unit will be made affordable;
(4)
The mechanisms that will be used to assure that the units remain affordable for the desired term, such as resale and rental restrictions, deeds of trust, and rights of first refusal and other documents;
§ 9-11.111 Incentives.
[§ 9-11.111, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
Incentives for the building of inclusionary housing will be considered on a case-by-case basis by City officials, in line with the "Implementation Guidelines" policy adopted by the City. Incentives are subject to a written agreement between the City and developer and are subject to City Council approval.
§ 9-11.112 (Reserved) [1]
[1]
Editor's Note: Former § 9-11.112, Qualifications to Purchase Inclusionary Housing, adopted § 9-11.112, Ord. 1092-10, effective 5-20-2010, was repealed 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020.
§ 9-11.113 Initial Qualification Process to Purchase Inclusionary Units.
[§ 9-11.113, Ord. 1092-10, eff. May 20, 2010]
The City must have documentation on file to verify applicant's eligibility for purchasable inclusionary housing. Documentation will be requested to provide proof of applicant's residency, employment, income, and assets. Applicants will need to supply the requested documents that may include:
(a)
Income and Asset Verification.
(1)
Previous three years of Federal Income Tax returns.
(2)
All W-2 forms from the previous three years.
(3)
Wage stubs (if W-2 forms are not available).
(4)
Current income and financial statement (including identification of any property, real or otherwise, owned in part or whole by any household member).
(5)
A statement of the amount cash, or easily redeemed valuables, held with a value of over $1,000.
(b)
Legal Employment Verification.
(1)
All W-2 forms from current or previous years.
(2)
Wage stubs (if W-2 forms are not available).
(3)
Employer(s) name, address, telephone and dates of employment.
(4)
Landlord verification of residency starting dates.
(5)
Valid California driver's license.
(6)
Verification of land line or cell phone service billed on Santa Catalina Island.
(7)
Divorce decree or separation agreement, including alimony and child support. A copy must indicate that it has been entered in the record with all exhibits and supplements attached.
(8)
Documentation showing legal residency.
(d)
Certification of Accuracy. Applicants must sign a document that states all the information supplied is true and accurate. If it is determined not to be so, applicant may be disqualified from the process and face additional penalties as allowed by the law.
(e)
Minimum and Maximum Occupancy for Purchasable/Rental Units.
Bedrooms | Minimum | Maximum |
|---|---|---|
0 BR | 1 | 2 |
1 BR | 1 | 2 |
2 BR | 2 | 4 |
3 BR | 3 | 6 |
4 BR | 4 | 8 |
§ 9-11.114 (Reserved) [1]
[1]
Editor's Note: Former § 9-11.114, Procedures for the Sale of an Inclusionary Housing Unit, adopted § 9-11.114, Ord. No. 1092-10, effective 5-20-2010, was repealed 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020.
§ 9-11.115 Enforcement - Remaining Qualified to Own and Occupy Inclusionary Units.
[§ 9-11.115, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
In order to ensure that the continuing qualification requirements are met, the City may perform random audits, investigate complaints or reports of noncompliance, and/or require requalification forms to be completed and filed on a cyclical basis. Failure to cooperate shall subject an owner to the remedies set forth herein or in the regulatory agreements.
§ 9-11.116 Owner Leave of Absence.
[§ 9-11.116, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
If an owner wishes to vacate their unit for more than three months and retain ownership of their unit, applicant must apply to the City Manager for a leave of absence.
§ 9-11.117 Roommates or Tenants in Purchase Units.
[§ 9-11.117, Ord. 1092-10, eff. May 20,2010]
Roommates are allowed only under the following conditions:
(a)
The unit's deed and homeowners' association must specifically permit roommates.
(b)
The roommate must be a qualified employee.
(c)
The employee must meet the income guidelines for the specific unit, and all other aspects of being a qualified employee.
(d)
Owner must continue to reside in the unit.
(e)
A roommate or tenant must be given a lease or rental agreement approved by the City Manager. Copies of the completed leases or rental agreements must be filed with the City Manager.
(f)
The maximum rental rate is governed by these guidelines and will be determined by the size of the unit, how many rooms are rented, and actual homeowner costs to the owner.
(g)
The City Manager must be immediately notified in writing of any changes regarding roommate status.
(h)
No subletting is allowed.
§ 9-11.118 Rental Inclusionary Housing.
[§ 9-11.118, Ord. 1092-10, eff. May 20, 2010; amended 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020]
Rental units will be offered to eligible households at an affordable rent. The owner of rental inclusionary units shall certify each tenant household's income and other eligibility requirements to the City Manager at the time of initial rental and annually thereafter. The owner must obtain and review documents that demonstrate the prospective renter's total income, such as income tax returns or W-2s for the previous calendar year, and submit such information on a form approved by the City as required by this chapter and pursuant to the City's "Implementation Guidelines" policy.
§ 9-11.119 (Reserved) [1]
[1]
Editor's Note: Former § 9-11.119, Qualifications to Rent Inclusionary Housing, adopted § 9-11.119, Ord. 1092-10, effective 5-20-2010, was repealed 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020.
§ 9-11.120 (Reserved) [1]
[1]
Editor's Note: Former § 9-11.120, Initial Qualification Process for Rental of Inclusionary Units, adopted § 9-11.120, Ord. 1092-10, effective 5-20-2010, was repealed 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020
§ 9-11.121 (Reserved) [1]
[1]
Editor's Note: Former § 9-11.121, Procedures for Renting Inclusionary Housing, adopted § 9-11.121, Ord. 1092-10, effective 5-20-2010, was repealed 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020.
§ 9-11.122 (Reserved) [1]
[1]
Editor's Note: Former § 9-11.122, Enforcement of Qualifications to Remain in Rental Units, adopted § 9-11.122, Ord. 1092-10, effective 5-20-2010, was repealed 1-7-2020 by Ord. No. 1180-20, effective 2-6-2020.
§ 9-11.123 Enforcement - General - Rental or Purchase Units.
[§ 9-11.123, Ord. 1092-10, eff. May 20, 2010]
(a)
It shall be a misdemeanor to violate any provision of this chapter. Without limiting the generality of the foregoing, it shall also be a misdemeanor for any person to sell or rent to another person an affordable unit under this chapter at a price or rent exceeding the maximum allowed under this chapter or to sell or rent an affordable unit to a household not qualified under this chapter. It shall further be a misdemeanor for any person to provide false or materially incomplete information to the City or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which he or she is not eligible.
(b)
The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter, including:
(1)
Actions to revoke deny or suspend any permit, including a Building Permit, Certificate of Occupancy, or discretionary approval.
(2)
Actions to recover from any violator of this chapter, civil fines, restitution to prevent unjust enrichment from a violation of this chapter, and/or enforcement costs, including attorneys' fees.
(3)
Eviction or foreclosure, and
(4)
Any other appropriate action for injunctive relief or damages. Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any person, owner, household or other party from the requirements of this chapter.