1. Discretionary approval in compliance with this title before the effective date of this chapter; and

2. A building permit in compliance with the discretionary approval within 12 months of the effective date of this chapter; and

3. A certificate of occupancy in compliance with the same discretionary approval.

1. A minimum of five percent of the units shall be rented to very low-income households; and

2. A minimum of five percent of the units shall be rented to very low-income or low-income households; and

3. The remaining five percent of the units shall be rented to very low-income, low-income, or moderate-income households.

1. The developer shall identify an alternate site suitable for residential housing, which the developer either owns or has site control over (i.e., purchase agreement, option to purchase, lease) subject to city review to ensure that the proposed development is consistent with the city’s housing objectives and projects.

2. The off-site units shall be located within a one-quarter mile radius of the market-rate units.

3. The off-site units shall satisfy the requirements of CMC 20.30.040(C), (D) and (E) (Inclusionary unit requirements – Project Completeness, Units for Sale, and Rental Units).

4. The off-site units shall not count towards satisfaction of any affordable or inclusionary housing obligation, that development of the alternative site with market-rate units would otherwise be subject to, pursuant to this chapter.

1. The dedicated site is transferred to the city prior to commencement of construction of the residential or mixed-use project or is subject to an agreement between the developer and the city that sets forth a date certain for transfer of the dedicated site and such agreement is in the best interests of the city; and

2. The value of the dedicated site at the date of dedication or the date such agreement to dedicate is executed, as applicable, is greater than the in-lieu fee in effect at the date of dedication or the date such agreement to dedicate is executed, as applicable, multiplied by the number of otherwise required affordable units within the residential or mixed-use project; and

3. The dedicated site could accommodate at least the number of otherwise required affordable units within the residential or mixed-use project. Notwithstanding the above, the city shall not be required to construct restricted affordable units on the dedicated site, but may sell, transfer, lease or otherwise dispose of the dedicated site as necessary in furtherance of its inclusionary affordable housing goals.

1. Reasonably dispersed throughout the residential or mixed-use project; and

2. Located in an area or areas of the city, as approved by the city manager, or designee; and

3. Proportional in the number of bedrooms and location to the market rate units included in the developer’s residential or mixed-use project; and

4. Comparable to the market rate units included in the residential or mixed-use project in terms of design, materials, finished quality, and appearance.

1. Rehabilitating a dwelling unit that has substantial building and/or other code violations; and

2. Has been vacant for at least 90 days; and

3. The unit is returned to the city’s housing supply as decent, safe, and sanitary housing; and

4. The cost of the rehabilitation work exceeds 25 percent of the market value of the unit after rehabilitation.

1. Amount of Fee. The amount of the fee shall be as required by the city council’s fee resolution.

2. Timing of Payment. One-half of the in-lieu fee shall be paid (or a letter of credit posted) before issuance of a building permit for any part of the residential or mixed-use project. The remainder of the fee shall be paid before a certificate of occupancy is issued for any unit in the project.

3. Housing Trust Fund. Fees collected in compliance with this section shall be deposited in the affordable housing trust fund. (Ord. 720 § 9 (Att. 2), 2022).

1. Reasonably dispersed throughout the residential or residential portion of a mixed-use project; and

2. Proportional, in number, bedroom size, and location, to the market rate units; and

3. Equal to the market rate units in terms of the appearance, base design, materials, and finished quality; and

4. Permitted the same access to project amenities and recreational facilities, as are the market rate units.

1. Time Limit for Inclusionary Restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of 45 years.

2. Certification of Purchaser. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser.

3. Resale Price Control. In order to maintain the availability of inclusionary units required by this chapter, the resale price of an owner-occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three comparable properties or the restricted resale price.

For these purposes, the restricted resale price shall be the greater of either the applicable affordable housing cost or an amount equal to the sum of:

4. Inheritance of Inclusionary Units. The following requirements apply in the event of death that may occur prior to the expiration of the required affordability period:

5. Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section, the buyer and the seller shall be jointly and severally liable to the city for the entire purchase price of the unit. Recovered funds shall be deposited into the affordable housing trust fund. Notwithstanding the foregoing, it shall be within the discretion of the city manager, or designee, to allow the buyer and seller 180 days to cure any violation of the resale price controls.

6. Price of Affordable Ownership Units. The affordable ownership units will be affordable to households with incomes 80 percent or less of the area median income. The price of all affordable ownership housing units will be calculated based on payments to be made by the buyer that make up no more than 35 percent of the gross monthly target income level designated for a specific unit and shall include mortgage principal and interest, taxes, insurance, assessments, and homeowner fees, as applicable and adjusted for household size. Percentages allowed for the qualifying of the mortgage loan shall be determined by the lender or lenders involved with the income-qualified household.

1. Time Limit. A rental unit shall remain restricted to the target income level group at the applicable affordable housing cost for 55 years.

2. Certification of Renters. The owner of any rental inclusionary unit(s) shall certify to the city manager, or designee, on a form provided by the city, the income of the tenant at the time of the initial rental and annually thereafter.

3. Forfeiture. Any lessor who leases an inclusionary unit in violation of this chapter shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the affordable housing trust fund.

4. Rent for Affordable Rental Units. The affordable rental units will be leased at an affordable rent to very low, low, and moderate-income households in accordance with CMC 20.30.040(E) (Inclusionary unit requirements – Rental Units). Affordable rents shall be determined annually on a city-wide basis by city staff based upon the area median income and utility allowances for Los Angeles County, as determined by the Federal Department of Housing and Urban Development, and the State Department of Housing and Community Development. If these agencies do not provide the information, the city of Cudahy will determine monthly rent amounts based on 30 percent of the targeted household’s gross monthly income.

5. Publication of Availability of Units. Whenever an inclusionary unit becomes available, the owner shall publish notices of the availability of the inclusionary unit in newspapers circulated widely in the city, including newspapers that reach minority communities. The notice should briefly explain what inclusionary housing is, state the applicable income requirements, indicate where applications are available, state when the application period opens and closes, and provide a telephone number for questions. Applications may require the name, address, and telephone number of the applicant; the number of persons to occupy the household; and any other information relevant to determine whether the applicant is eligible to occupy an inclusionary unit. The owner shall submit proof of publication to the director. All communication and correspondence shall be provided in both English and Spanish, including but not limited to publications, notices, and applications.

6. Notification to City. Whenever an inclusionary unit becomes available, the owner shall provide written notification within three business days of such availability to the director.

7. Subsequent Rental to Income-Eligible Tenant. The owner of rental inclusionary units shall apply the same rental terms and conditions to tenants of inclusionary units as are applied to all other tenants, except as otherwise required to comply with this chapter (i.e., rent levels, occupancy restrictions, and income requirements) and/or government subsidy programs. Discrimination based on subsidies received by the prospective tenant is prohibited.

8. Changes in Tenant Income. If after moving into an inclusionary unit the tenant’s income eventually exceeds the income limit for that unit, the tenant may remain in the unit (the “original unit”) as long as his/her income does not exceed 140 percent of the income limit for the original unit. Once the tenant’s income exceeds 140 percent of the income limit for the original unit, the following shall apply:

1. No person shall sell or rent an inclusionary unit at a price or rent in excess of the applicable affordable housing cost placed on the unit in accordance with this chapter.

2. No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this chapter.

3. No person shall 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 that person is not eligible.

1. The owner or lessee of an inclusionary unit shall reside in the unit, and the unit shall be the owner or lessees’ principal personal residence, and shall be occupied by the owner or lessee, unless actively serving in the United States military.

2. Notwithstanding the above requirement, an owner or lessee may live elsewhere for a period of up to six months every five years on account of hardships; including, but not limited to, medical reasons, the need to assist family member(s) in crisis or medical need, and relocation for employment reasons.

3. No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the city manager, or designee.

4. Any person who purchases a designated ownership affordable unit pursuant to this chapter shall occupy that unit as his or her principal personal residence for as long as he or she owns the affordable unit. Such occupancy shall commence within six months following completion of the purchase, and be in accordance with other provisions of this section.

1. In a form specified by the city manager or designee; and

2. Detailing how the provisions of this chapter will be implemented for the proposed residential or mixed-use project; and

3. The location, structure (attached, semi-attached, or detached), whether for sale or rental, size of the proposed market rate and inclusionary units, and the basis for calculating the number of inclusionary units; and

4. A floor or site plan showing the location of the inclusionary units; and

5. The income levels to which each inclusionary unit will be made affordable; and

6. For phased development, a phasing plan that provides for the timely development of the number of inclusionary units proportionate to each proposed phase of development as required by CMC 20.30.060(B) (Standards – Timing of Construction); and

7. If the inclusionary housing plan includes alternatives to on-site units, then the inclusionary housing plan shall be subject to the review and approval of the city council; and

8. All other inclusionary housing plans shall be subject to the approval of the city manager or designee; and

9. City manager’s or designee’s decision shall be subject to appeal to the city council. Any such appeal shall be filed within 15 days of the city manager’s or designee’s decision.

1. Shall be a legally binding agreement between the developer and the city; and

2. In a form and substance satisfactory to the city manager or designee, and the city attorney; and

3. Contain those provisions necessary to ensure that the requirements of this chapter are satisfied, whether through the provision of inclusionary units or through an approved alternative method.

4. Each inclusionary housing agreement shall include, at minimum, the following:

5. Recording of Agreement. Each inclusionary housing agreement shall be recorded against owner-occupied inclusionary units and residential projects containing rental inclusionary units, as applicable. Additional rental or resale restrictions, deeds of trust, rights of first refusal, and/or other documents acceptable to the city shall also be recorded against owner-occupied inclusionary units. In cases where the requirements of this chapter are satisfied through the development of off-site units, the inclusionary housing agreement shall simultaneously be recorded against the property where the off-site units are to be developed.

1. Discretionary Approvals. No discretionary approval shall be issued for a residential or mixed-use project subject to this chapter until the developer has submitted an inclusionary housing plan.

2. Issuance of a Building Permit. No building permit shall be issued for a residential or mixed-use project unless the city manager, or designee, or city council per the provisions of this section, has approved the inclusionary housing plan, and any required inclusionary housing agreement has been recorded.

3. Issuance of Certificate of Occupancy. A certificate of occupancy shall not be issued for a residential or mixed-use project subject to this chapter unless the approved inclusionary housing plan has been fully implemented.

1. Identify which units are inclusionary units; and

2. Identify the monthly rent (or total housing cost if an ownership unit); and provide vacancy information for each inclusionary unit for the prior year; verification of income of the household occupying each inclusionary unit throughout the prior year; and

3. Identify increases in rent, including the amount, frequency, specific units that received rent increases, and identify how rent increases complied with applicable state laws including the Ellis Act; and

4. Identify the number of eviction notices, evictions taken to court including outcome, evictions that were completed and the tenant was forced to leave the unit, specific units occupied by tenants that received an eviction notice, and provide documentation regarding compliance with the Ellis Act provisions; and

5. All maintenance, and any applicable remodel costs of the prior year; and

6. Other information as may be required by the city manager or designee. (Ord. 720 § 9 (Att. 2), 2022).

1. To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and

2. For injunctive relief or damages.

1. Application of Requirements. Application of the inclusionary housing requirements to the residential or mixed-use project; and

2. Application of Density Bonus and Incentives. Application and utilization of all density bonuses and incentives available under state and local law; and

3. Product Type. Utilization of the most cost-efficient product type for the inclusionary units that would meet the standards of this chapter; and

4. External Funding. The reasonable availability of external funding.

1. The project is consistent with the applicable general plan designation and all applicable general plan policies; and

2. The project will implement all applicable general plan environmental impact report mitigation measures; and

3. The project is consistent with all applicable zoning designations and regulations; and

4. The project is consistent with this chapter’s regulations; and

5. The proposed development occurs within the city of Cudahy city limits, on a project site of no more than five acres substantially surrounded by urban uses; and

6. The project site has no value as habitat for endangered, rare, or threatened species; and

7. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and

8. The project site can be adequately served by all required utilities and public services; and

9. The city reserves the right to require special studies including but not limited to hazardous wastes, soils analysis, traffic impacts, and any other analysis/studies as deemed necessary to adequately identify potential environmental impacts and resulting mitigation measures. (Ord. 720 § 9 (Att. 2), 2022).