The purpose of this Chapter is:

   (a)   To establish procedures and requirements for providing affordable housing in the City and to ensure that affordable housing is included in future housing stock developed within the City.

   (b)   To establish a linkage fee program through which nonresidential developments are able to mitigate the additional demand for affordable housing in the City caused by new employment resulting from nonresidential developments.

   (c)   To implement goals and policies of the Housing Element of the City's General Plan that seek to increase the supply of affordable housing in the City.

   (d)   To comply with the provisions of California Government Code Section 65915, which requires cities to adopt an ordinance that specifies how it will provide density bonuses and other incentives to applicants who construct housing developments that include specified percentages of affordable housing.

(§ 1, Ord. 1506-NS, eff. October 9, 2008)

   If a word or term is defined in another chapter of this Title (e.g., Chapter 4) it shall have the same meaning in this chapter. Wherever the following words and terms are used in this chapter, they shall have the meanings set out in this section:

   (a)   “Adjusted for household size appropriate for the unit.” A household of one (1) person in the case of a studio unit, two (2) persons in the case of a one-bedroom (1-bedroom) unit, three (3) persons in the case of a two-bedroom (2-bedroom) unit, four (4) persons in the case of a three-bedroom (3-bedroom) unit, five (5) persons in the case of a four-bedroom (4-bedroom) unit, and six (6) persons in the case of a five-bedroom (5-bedroom) unit. This household size standard is used in the Affordable Housing Cost calculations. It is neither an occupancy minimum nor a maximum.

   (b)   “Affordable housing costs.” The total housing costs paid by a qualifying household, which shall not exceed a specified fraction of their gross income, adjusted for household size appropriate for the unit, as follows:

   (1)   “Affordable ownership cost.” A sales price that results in a monthly housing cost for moderate-income households as defined in California Health & Safety Code Section 50052.5.

   (2)   “Affordable rent.” A rent that results in a total monthly housing cost that is equal to thirty (30%) percent of eighty (80%) percent of the Ventura County median income.

   (c)   “Affordable Housing Trust Fund.” A fund created by the City in which all fees collected in compliance with Chapter 10, Article 2 shall be deposited.

   (d)   “Common interest development.” Shall have the same meaning as defined in Civil Code Section 1351(c).

   (e)   “Condominium/Townhouse Residential Project.” A residential development with attached dwelling units located on a single lot where the dwelling units are designated for separate ownership with proportional undivided ownership of common land and facilities, pursuant to Section 1351(f) of the California Civil Code.

   (f)   “Eligible Household.” A household that meets any of the following as applicable:

   (1)   “Low-income household.” A household whose income does not exceed the qualifying limits for Ventura County set by California Health and Safety Code Section 50093, as published and annually updated by HCD.

   (2)   “Moderate-income household.” A household whose income does not exceed the qualifying limits for Ventura County set by California Health and Safety Code Section 50079.5, as published and annually updated by HCD.

   (3)   “Very low-income household.” A household whose income does not exceed the qualifying limits for Ventura County set by California Health and Safety Code Section 50105, as published and annually updated by HCD.

   (g)   “HCD.” State of California Department of Housing and Community Development.

   (h)   “Household.” Means all the persons who will occupy the Inclusionary Unit.

   (i)   “Inclusionary housing agreement.” A recorded agreement between an applicant and the City specifying the affordable income level served and guaranteeing the affordability of dwelling units constructed pursuant to this chapter, in order to ensure that the requirements of this chapter are satisfied.

   (j)   “Density bonus unit.” Those dwelling units granted pursuant to the provisions of State Density Bonus Law which exceed the otherwise allowable maximum residential density for the site.

   (k)   “Inclusionary units.” Dwelling units within a residential development which are required to be sold or rented at an affordable housing cost, pursuant to Article 3 of this chapter.

   (l)   “Market-rate unit.” Any dwelling unit in a residential development that is not an inclusionary unit.

   (m)   “Nonresidential development.” Any development or use other than developments or uses solely involving the construction, alteration or condominium conversion of dwelling units. A “nonresidential development” also includes the conversion of a residential use to nonresidential use and the conversion of one nonresidential use to another nonresidential use.

   (n)   “Residential development.” Any development that includes either the construction of dwelling units or a condominium conversion.

   (o)   “Single-family detached residential project.” A development consisting of one-family dwellings each located on a single lot, where both the dwelling and land are owned together in fee.

   (p)   “Ventura County area median income.” Area median income for Ventura County as published by HCD pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision.

(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 1, 2, Ord. 1540-NS, eff. July 23, 2010, and § 1, Ord. 1543-NS, eff. October 8, 2010, and § 1, Ord. 1719-NS, eff. November 24, 2023)

   There is hereby created and established within the Treasury of the City of Thousand Oaks a fund to be known as the “Affordable Housing Trust Fund” (Fund) for the purposes of receiving and disbursing monies to address the housing needs of very low, lower, and moderate income households within the City of Thousand Oaks. This Special Revenue Fund shall be separate from all other monies held by the City.

(§ 1, Ord. 1506-NS, eff. October 9, 2008)

   Revenues intended for deposit in the Fund may come from the following sources:

   (a)   Monies that the City receives pursuant to any program identified in this chapter, including the repayment of loans from the Fund and interest thereon.

   (b)   Monies that the City receives by gift, grant or other award which are designated for affordable housing purposes.

   (c)   Any monies received by the City from any other sources for the purpose of providing affordable housing, excluding Redevelopment Agency affordable housing set-aside funding, that the City Council elects to deposit in the Fund.

   (d)   Any monies that the City has received, prior to the effective date of the ordinance adopting this chapter, from any source for the purpose of providing affordable housing the City Council elects to deposit in the Fund.

   (e)   From time to time, at its discretion and subject to, limitations of law, the City Council may designate additional revenue and appropriate monies from any source for deposit in the Fund.

(§ 1, Ord. 1506-NS, eff. October 9, 2008)

   (a)   Money in this fund shall be expended exclusively on activities related to the prioritization for the construction of affordable housing in the City of Thousand Oaks, for the benefit of extremely-low, very-low, lower and moderate-income households. Preservation, or rehabilitation of affordable housing shall be used in the event there is limited opportunity for the creation of new affordable housing using this fund. The City may enact Guidelines, consistent with this article, to more specifically implement the purposes of the Fund, which shall be adopted by City Council Resolution.

   (b)   Money disbursed from the Fund shall only be expended within the boundaries of the City of Thousand Oaks.

   (c)   Monies collected through the Nonresidential Linkage Fee program shall be deposited in a separate subaccount in the Fund.

   (d)   No expenditure may be made from the Fund without the prior approval of the City Council.

(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 2, Ord. 1543-NS, eff. October 8, 2010, and § 2, Ord. 1719-NS, eff. November 24, 2023)

   (a)   Any gifts, contributions or other money received for the stated purposes of the Fund shall be placed in the Fund. The Fund shall accrue interest at the same rate as the City's Investment Rate. All interest earnings accruing on money in the Fund shall become part of the Fund.

   (b)   Money in the Fund shall not revert to the General Fund of the City, nor shall it be transferred to any other Fund by means of loan or other mechanism except upon repeal of this article.

   (c)   Monies disbursed from the Fund which are required to be repaid to the Fund shall be placed in the Fund upon repayment, as shall any interest that accrues.

   (d)   All funds received pursuant to this article shall immediately be deposited into the Fund.

   (e)   Any units developed with monies from the Fund will be subject to an Affordable Housing Agreement pursuant to Article 6.

(§ 1, Ord. 1506-NS, eff. October 9, 2008)

   (a)   Purpose. The purpose of this article is to provide a mechanism and procedures for implementing inclusionary housing as part of new residential development.

   (b)   Intent.

   (1)   Ensure the development and availability of decent, affordable housing to a broad range of households with varying income levels throughout the City.

   (2)   Promote the City's goal to add affordable dwelling units to the City's housing stock.

   (3)   Ensure the long-term affordability of dwelling units and availability for eligible households in years to come.

   (4)   Ensure that the private sector, in addition to public sector, participates in the provision of affordable housing for workers within the City of Thousand Oaks.

   (5)   Ensure that affordable housing will be dispersed throughout the City and each residential development, and not segregated from market-rate housing, by adopting the inclusionary housing requirement for each applicable residential development.

(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 3, Ord. 1543-NS, eff. October 8, 2010, and § 3, Ord. 1719-NS, eff. November 24, 2023)

   Unless otherwise exempted pursuant to Section 9-10.303, all residential developments of ten (10) or more residential units shall be subject to the requirements of this article, and shall be subject to the following requirements:

   (a)   Construction of Rental Inclusionary Units. Apartment developments shall provide at least ten (10%) percent of the total dwelling units as low-income inclusionary units.

   (b)   Construction of Ownership Inclusionary Units. Condominium/Townhome developments shall provide at least ten (10%) percent of the total dwelling units as moderate-income inclusionary units. Detached single-family home developments shall provide at least five (5%) percent of the total dwelling units as moderate-income inclusionary units.

   (c)   For the purposes of calculating the number of inclusionary units required, any additional dwelling units authorized as a density bonus under the City Density Bonus Ordinance or State law will not be counted in determining the required number of inclusionary units.

   (d)   Any fractional number of inclusionary units required in a residential development, shall be provided by payment of an in-lieu fee in the amount determined pursuant to Section 9-10.306 of this Chapter.

(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 4, Ord. 1543-NS, eff. October 8, 2010, and § 4, Ord. 1719-NS, eff. November 24, 2023)

   The following residential developments are exempt from the provisions of this article:

   (a)   A residential development of nine (9) or fewer dwelling units.

   (b)   A vesting tentative tract map application that has been determined to be complete prior to the effective date of the ordinance adopting this article.

   (c)   A residential development that has received its discretionary approvals from the City prior to the effective date of the ordinance adopting this chapter.

   (d)   A residential development which is subject to the terms of a development agreement approved prior to the effective date of the ordinance adopting this article, but only to the extent that the development agreement precludes application of the provisions herein.

   (e)   The reconstruction of any dwelling units that has been destroyed by fire, flood, earthquake or other act of nature provided that the reconstruction of the project does not result in an increase in the number of existing units by ten (10) or more.

   (f)   The reconstruction of any dwelling units that has been destroyed by fire, flood, earthquake or other act of nature provided that the reconstruction of the project does not result in an increase in the number of existing units by six (6) or more.

(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 5, Ord. 1719-NS, eff. November 24, 2023)

   (a)   Preliminary Inclusionary Housing Plan. Any applicant proposing to satisfy the requirements of this article by any means other than payment of an in-lieu fee shall be required to submit a Preliminary Inclusionary Housing Plan. The Preliminary Inclusionary Housing Plan shall be submitted at the time application is made to the Community Development Department for discretionary approval of the residential development. The Preliminary Inclusionary Housing Plan shall include the following information, as well as any other information required by the Community Development Director to evaluate the proposal:

   (1)   A site plan and floor plan that depicts the location of all proposed market-rate and inclusionary units. For multi-story residential projects, each floor containing inclusionary units shall be depicted separately.

   (2)   The Preliminary Inclusionary Housing Plan shall include a unit count of all proposed units, market-rate and inclusionary, a mathematical calculation that demonstrates compliance with this article, the square footage and number of bedrooms and bathrooms for each inclusionary unit, and the income levels to which each inclusionary unit will be made affordable.

   (3)   A list of any requested incentives pursuant to Section 9-10.307.

   (4)   Upon submittal, the Community Development Director or designee shall determine if the Preliminary Inclusionary Housing Plan is complete and conforms to the provisions of this article. If an Inclusionary Housing Plan is required, no application for a residential development may be deemed complete unless a Preliminary Inclusionary Housing Plan has been determined to be complete.

   (b)   Final Inclusionary Housing Plan. No building permits for a residential development shall be issued until a Final Inclusionary Housing Plan demonstrating compliance with this article has been approved by the Community Development Department.

(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 6, Ord. 1719-NS, eff. November 24, 2023)

   Where inclusionary units are provided in a project, the City and applicant shall enter into an Affordable Housing Agreement to document and guarantee the provision of the required affordable housing units. The Affordable Housing Agreement shall incorporate the approved Inclusionary Housing Plan. Inclusionary units shall also be subject to the following minimum standards.

   (a)   Design. Inclusionary units shall be comparable in design to market-rate units, with comparable infrastructure (including sewer, water, and other utilities), construction quality, and exterior design. The bedroom and bathroom mix for inclusionary units shall be proportional to the bedroom and bathroom mix in corresponding market-rate units. Inclusionary units shall have same exterior finishes and features as the market-rate units. The Inclusionary units shall have the same type or quality of appliances, fixtures, and finishes as the market rate units in the development.

   (b)   Location. Inclusionary units shall be equally distributed throughout a residential development and not clustered in a particular area of the development. Inclusionary units within developments that share a common entrance shall not have separate entrances for market-rate and inclusionary units.

   (c)   Timing of construction. Inclusionary units shall be constructed and occupied concurrently with or prior to the construction and occupancy of market-rate units. In phased developments, inclusionary units may be constructed and occupied in proportion to the number of dwelling units in each phase of the development.

   (d)   Access to common amenities. Residents of inclusionary units shall have the same rights and access to common amenities in the development, such as parking, open space, storage, and recreational space, as residents in market-rate units.

(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 7, Ord. 1719-NS, eff. November 24, 2023)

   (a)   In-lieu fees. The requirements of this article may be satisfied by paying a fee, in-lieu of constructing inclusionary units. The fee set by City Council pursuant to Section 9-10.306 shall be charged per leasable or saleable square foot of all units in a project. Any money paid pursuant to this subsection shall be deposited in the Affordable Housing Trust Fund as provided in Article 2.

   (1)   The payment of in-lieu fees may be used to satisfy the inclusionary housing requirement for the following residential developments:

   (i)   Any fractional number of inclusionary units required in a residential development.

   (ii)   Ownership developments.

   (iii)   Rental developments with 20 or fewer dwelling units.

   (iv)   Rental developments with more than 20 dwelling units, provided the City Council finds that constructing the required inclusionary units on site would be an extreme hardship, based on factors such as project size, site constraints, and/or excessively large affordability gaps. One way this can be achieved is for the developer to demonstrate that the imposition of the affordable housing production requirement would violate the California and/or United States Constitutions.

   (2)   In-lieu fees shall be paid according to a fee schedule adopted by the City Council and will be adjusted annually based on the percentage change in new home prices and average apartment rent increases in Ventura County.

   (3)   In-lieu fees shall be paid prior to the issuance of the first building permit for the development. For phased developments, the developer may pay a pro rata share of the in-lieu fee concurrently with the issuance of building permits for each development phase.

   (b)   Production of Rental Inclusionary Units as part of an Ownership Housing development.

   (1)   Developers of ownership housing developments are allowed to fulfill the development's Inclusionary Housing obligations with rental Inclusionary Units on a site that meets one of the following criteria:

   (i)   A separate Inclusionary Housing parcel that is created within the development site for the market rate residential development; or

   (ii)   A site that is located within one mile of the development site for the market rate residential development.

   (2)   City Council shall be the approval authority for the following:

   (i)   Development location for the off-site inclusionary production option.

   (ii)   On-site parcel option for the size and location within the original development site for the market rate ownership residential development.

   (3)   Rental Inclusionary Unit requirements.

   (i)   Fifteen (15%) percent applied to the total number of ownership housing and apartment units being developed.

   (ii)   Low-income level, unless developer volunteers to fulfill the requirement with very low-income units.

   (iii)   Bedroom mix is not required to match the unit mix provided in the market rate ownership housing development.

   (iv)   Notwithstanding subdivision (3)(iii) above, the off-site inclusionary units shall meet the following requirements:

   1.   No more than fifteen (15%) percent of the off-site inclusionary units shall be studios.

   2.   At least forty (40%) percent of the off-site inclusionary units shall include two (2) or more bedrooms.

   (4)   A market-rate developer may enter into an agreement with an affordable housing developer to construct, own and operate the offsite inclusionary units required to fulfill the inclusionary housing requirement, provided:

   (i)   The affordable housing developer has relevant recent experience and is approved by the City.

   (ii)   The affordable housing developer does not request any financial assistance from the City.

   (iii)   The affordable housing developer may apply to use the California Government Code Sections 65915-65918 (Section 65915) density bonus and the statutorily established number of incentives or concessions.

   (c)   Land Dedication. At the discretion of the City Council, the inclusionary housing requirement may be satisfied by the dedication of land as follows:

   (1)   The land shall be conveyed to the City at no cost.

   (2)   Payment in full of all property taxes and special taxes shall be made when the proposal for land dedication is submitted, and again prior to conveyance of the land to the City.

   (3)   The inclusionary units constructed on the land shall be set at fifteen (15%) percent of the rental units and affordable to eligible very low-income households.

   (4)   Location of the units:

   (i)   The land to be dedicated shall be located within one (1) mile of the market-rate development that is subject to the inclusionary housing requirement, unless the units are located within a moderate or higher resource area as defined by the California Tax Credit Allocation Committee (CTCAC) Opportunities Mapping.

   (ii)   The inclusionary units constructed on the land to be dedicated shall not create an overconcentration of deed-restricted affordable dwelling units in any specific neighborhood, unless the units are located within a moderate or higher resource area as defined by the California Tax Credit Allocation Committee (TCAC) Opportunities Mapping.

   (iii)   Overconcentration is defined as more than fifty (50) deed-restricted dwelling units for eligible very low-or low-income within one-fourth (1/4) mile of the land, or more than two hundred (200) deed restricted dwelling units for eligible very low-or low-income households within one-half (1/2) mile of the land.

   (5)   Upon submittal of a proposal for land dedication, evidence shall be provided that:

   (i)   The developer has control of the land to be dedicated.

   (ii)   The land to be dedicated is free of any liens.

   (iii)   Any encumbrances or easements that adversely impact the property's title must be disclosed and factored into the estimated value of the interests proposed to be conveyed to the City.

   (iv)   The land cannot contain any hazardous materials at the time the land dedication proposal is submitted:

   1.   The developer has disclosed whether any hazardous materials were previously contained on the site.

   2.   If any hazardous materials were previously remediated on the site, the developer has provided evidence that cleanup was performed in accordance with applicable law.

   (v)   The land has not been improved with any residential use for at least five (5) years prior to the submission of the land dedication proposal.

   (vi)   The land's existing General Plan and Zoning allows for residential use at a density sufficient to permit the development of the required number of inclusionary units.

   (vii)   The land is suitable in terms of size, configuration, and physical characteristics to allow cost-efficient development of the required number of inclusionary units.

   (viii)   The land is fully served by the necessary infrastructure to support the required number of inclusionary units prior to the conveyance to the City.

   (6)   The developer shall submit all necessary information to evaluate compliance with the requirements of this Chapter, including:

   (i)   Conceptual site plan and narrative description of a project that could be developed on the property.

   (ii)   An identification of the income and affordability restrictions proposed to be imposed.

   (iii)   A pro forma analysis that qualifies any financial gap associated with the identified development scope and describes how this financial gap will be filled.

   (iv)   If a Section 65915 density bonus will be required, an identification of the terms of the requested density bonus; incentives and concessions; and development standards waivers.

   (7)   City staff shall review land dedication proposals prior to consideration by the decision-making authority, to ensure they meet the requirements of this Section.

   (8)   The City shall re-convey dedicated properties to developers with experience developing affordable apartment developments targeted to very low-income households.

(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 8, Ord. 1719-NS, eff. November 24, 2023)

   Applicants for residential developments who elect to satisfy the requirements of this article by constructing the requisite number of inclusionary units may request a regulatory incentive consistent with Government Code Section 65915(d)(2) regardless of whether the project includes a Density Bonus.

(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 9, Ord. 1719-NS, eff. November 24, 2023)

   In addition to the requirements of this article, inclusionary units shall be subject to the requirements of Article 6 of this chapter (Compliance Requirements).

   (a)   Term of Affordability. Inclusionary units which are individually sold shall remain affordable for a cumulative period of forty-five (45) years from the date of initial occupancy. Inclusionary units which are rented shall remain affordable for as long as the property is developed with a residential use, but not less than a fifty-five (55) year period from the date of initial occupancy.

(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 10, Ord. 1719-NS, eff. November 24, 2023)

   (a)   Purpose. The purpose of this article is to provide a mechanism for producing housing affordable to extremely-low, very-low, lower and moderate-income households by requiring applicable nonresidential development pay a fee to be used for the production, preservation, or rehabilitation of affordable housing units.

(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 5, Ord. 1543-NS, eff. October 8, 2010, and § 11, Ord. 1719-NS, eff. November 24, 2023)

   A linkage fee is hereby established for each Nonresidential Use Category contained in this article, and shall apply to the following types of nonresidential developments:

   (a)   New Construction and Additions. Any new nonresidential project(s) or addition(s) to an existing nonresidential project proposing to construct or add seven thousand five hundred (7,500) square feet or more of new gross floor area.

   (b)   Intensification of a Nonresidential Use. Any intensification of a nonresidential use changing seven thousand five hundred (7,500) square feet or more of gross floor area from one (1) Nonresidential Use Category to a more intensive Nonresidential Use Category where no fee has previously been paid. For purposes of this article, intensification of a Nonresidential Use means change from one (1) Nonresidential Use Category to another Nonresidential Use Category having a higher linkage fee amount.

   (c)   Conversion from Residential to Nonresidential Use. Any conversion of a residential project changing seven thousand five hundred (7,500) square feet or more of gross floor area to a nonresidential use.

   The Community Development Director or designee shall be responsible for determining the applicability of this article to individual projects.

(§ 1, Ord. 1506-NS, eff. October 9, 2008)

   The following nonresidential developments are exempt from the provisions of this article:

   (a)   A nonresidential development that has received its discretionary approvals from the City prior to the effective date of the ordinance adopting this chapter.

   (b)   Building projects undertaken by a public agency for public purposes.

   (c)   Exterior alterations and improvements to existing nonresidential projects.

   (d)   The reconstruction of any structures that have been destroyed by fire, flood, earthquake or other act of nature provided that the reconstruction of the project does not result in an increase in the total gross floor area by seven thousand five hundred (7,500) square feet or more.

   (e)   Nonresidential developments otherwise exempt by law.

   (f)   School - Private non-profit grammar and high schools and colleges.

(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 1, Ord. 1539-NS, eff. July 23, 2010)

   For the purposes of determining the linkage fee amount to be charged, every nonresidential development will be classified into one of the following nonresidential land use categories:

   (a)   Retail/Commercial – includes but is not limited to retail, service, and commercial uses, or similar uses in a center, stand alone, or mixed use format;

   (b)   Office – includes but is not limited to professional, administrative and medical offices;

   (c)   Lodging – includes but is not limited to hotels and motels and extended stay facilities;

   (d)   Industrial – includes but is not limited to warehouse, manufacturing, storage and similar facilities; or,

   (e)   Research and development or flex space – Includes but is not limited to research and development, laboratory or other similar facilities. Flex space is space that can be used in a combination of office, warehouse, industrial and or showroom usage.

(§ 1, Ord. 1506-NS, eff. October 9, 2008)

   (a)   Listed Uses.

   (1)   The City Council shall adopt by resolution a standardized list showing the assignment of specific uses to each Nonresidential Use Category.

   (2)   In the case of land uses not designated in said City Council resolution, the Community Development Director shall determine the appropriate Nonresidential Use Category from those set forth in Sec. 9-10.404 above, based on the characteristics of each use.

   (b)   Multiple Uses in a Project. When a nonresidential development includes uses that are classified in different categories (e.g., a project with some retail commercial space and some office space), then the total gross floor area of the project shall be allocated among each applicable Nonresidential Use Categories for purposes of determining the fee.

(§ 1, Ord. 1506-NS, eff. October 9, 2008)

   For each nonresidential development subject to the provisions of this article, linkage fees shall be calculated by multiplying the fee amount by for each applicable Nonresidential Use Category by the gross square footage of the new construction, addition, intensification or conversion. No application for a building permit or discretionary permit for a nonresidential development subject to this article shall be deemed complete for processing unless the application contains:

   (a)   A calculation of the gross floor area of the nonresidential development and the gross floor area of each intended nonresidential use in the nonresidential development.

   (b)   For nonresidential developments involving the conversion of residential use to nonresidential use, or the intensification of a nonresidential use to another nonresidential use, the gross floor area of each existing use and each intended use.

(§ 1, Ord. 1506-NS, eff. October 9, 2008)

   (a)   In calculating an applicable linkage fee, the Community Development Director or designee shall impose those fees in effect at the time of issuance of the building permit or, if no building permit is required, at the time of issuance of a certificate of occupancy.

   (b)   Where applicable, linkage fees shall be paid prior to the issuance of a building permit or, where no building permit is required, prior to the issuance of a certificate of occupancy, as applicable.

(§ 1, Ord. 1506-NS, eff. October 9, 2008)

   Linkage fee rates shall be set by City Council resolution and may be adjusted biennially in an amount equal to the percentage change, if any, in the construction cost index for Los Angeles for the corresponding period of time, as published by Engineering News Record/McGraw-Hill Construction Weekly or any substitute index that the City Council may adopt by resolution. In the future, the City Council may direct that further study and analysis be conducted to determine the continuing reasonableness of current fees and whether linkage fees should be applied to additional Nonresidential Use Categories.

(§ 1, Ord. 1506-NS, eff. October 9, 2008)

   All linkage fees shall be deposited into the Affordable Housing Trust Fund established by Article 2 of this chapter.

(§ 1, Ord. 1506-NS, eff. October 9, 2008)

   This article implements the requirements placed upon the City by California Government Code Section 65915 et seq., as may be amended from time to time (the “Density Bonus Law”), and furthers the provision of affordable housing pursuant to the Housing Element of the General Plan. Unless an exception or modification applies as set forth in this Article, any person seeking a density bonus, concession, or waiver under the Density Bonus Law shall comply with the California Government Code requirements.

(§ 1, Ord. 1506-NS, eff. October 9, 2008; as amended by § 7, Ord. 1733-NS, eff. January 3, 2025)

   (a)   Application. Any person that desires a density bonus, concession, or waiver under the Density Bonus Law must make an application on a form approved by the Director at the time of submitting an entitlement application for the housing development for which a density bonus, concession, or waiver is requested pursuant to the Density Bonus Law.

   (b)   City’s discretion in granting density bonus. Nothing in this chapter will be construed to prohibit the Planning Commission or City Council from granting a density bonus greater than what is described in this chapter or the Density Bonus Law for a development that meets the requirements of this chapter or the Density Bonus Law, or from granting a proportionately lower density bonus than what is required by this chapter or the Density Bonus Law for developments that do not meet the requirements of this chapter or the Density Bonus Law.

   (c)   City Financial Participation not Required. Nothing in this Section requires the City or other public agency to provide direct financial incentives for the residential development, such as but not limited to the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City at its sole discretion may choose to provide such direct financial incentives. Any such incentives may require payment of prevailing wages by the residential development if required by State law.

(§ 7, Ord. 1733-NS, eff. January 3, 2025)

   (a)   Density Bonus Plan Review. The density bonus plan, including any request for a density bonus or incentives, shall be processed, reviewed, and approved or denied as part of the discretionary application(s) required for the residential development. Prior to the decision-making body taking any action on a residential development involving a request for density bonus, the Community Development Director shall have determined that the density bonus application is complete and conforms to the provisions of by the Density Bonus Law.

   (b)   Findings for Denial of Incentives. The approval body shall approve the density bonus plan unless the decision-making body makes the requisite findings for denial allowed by the Density Bonus Law.

   (c)   A request for a minor change to an approved density bonus plan may be processed as a minor modification to the project's entitlement and be granted if the modification is substantially in compliance with the original density bonus plan and other conditions of approval of the project's entitlement(s). More substantial proposed changes to the density bonus plan shall be processed as a major modification to the project's entitlement. The Community Development Director shall select the type of modification process in the Director's sole discretion.

(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 7, Ord. 1540-NS, eff. July 23, 2010; § 7, Ord. 1733-NS, eff. January 3, 2025)

   Except as otherwise stated herein, affordable units qualifying a residential development for a density bonus shall be subject to the requirements of Section 9-10.305 (Standards for Inclusionary Units), and Section 9-10.308 (General requirements for inclusionary units).

(§ 1, Ord. 1506-NS, eff. October 9, 2008; as amended by § 7, Ord. 1733-NS, eff. January 3, 2025)

   A developer who proposes to construct affordable units on-site or off-site pursuant to this chapter, or whose project receives money from the Housing Trust Fund, shall execute an Affordable Housing Agreement with the City.

   (a)   Form of Agreement. The forms of the Affordable Housing Agreement and any related Declarations, Resale Restrictions, deeds of trust, and other documents authorized by this chapter shall be approved as to form by the City Attorney prior to being executed with respect to any residential development subject to this chapter. Any such agreements may be approved and executed by the City Manager.

   (b)   Recording of Agreement. The affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the residential development does not include a map, prior to issuance of a building permit for any structure on the site. Resale restrictions, deeds of trust, and/or other documents comprising or related to the affordable housing agreement shall also run with the land and bind all future owners and successors in interest.

(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 12, Ord. 1719-NS, eff. November 24, 2023)

   All affordable units offered for sale or rent in accordance with the requirements of this chapter shall be subject to certain restrictions as reflected in the Affordable Housing Agreement.

   (a)   Units offered for Sale.

   (1)   Initial Sales Price and Resale. During the term of affordability, the maximum sales price permitted for initial sale and resale of an inclusionary unit designated for owner-occupancy shall be at a price established by the City.

   (2)   Owner Occupancy Required. All affordable units sold that are subject to the requirements of this chapter shall be occupied and used as owner's principal place of residence.

   (3)   Permitted Changes in Ownership. An affordable unit designated for owner-occupancy may be transferred or inherited subject to requirements established by the City, but all new owners shall continue to be subject to the terms of all recorded restrictions.

   (4)   Continued Occupancy. Purchasers of an affordable unit may continue to occupy that unit if their incomes rise above allowable income limits provided they continue to meet the other requirements of this program.

   (b)   Units offered for Rent.

   (1)   Establishment of Rental Rates. Affordable units offered for rent to eligible lower, very-low, and extremely-low income households shall be rented at a maximum rate established by the City's Housing Division on an annual basis. Rental rates are calculated based on requirements stipulated in the State housing law.

   (2)   Continued Occupancy. Tenants of an affordable unit may continue to occupy that unit if their incomes rise above allowable income limits provided they continue to meet the other requirements of this program.

(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 6, Ord. 1543-NS, eff. October 8, 2010)

   (a)   The City Council may adopt guidelines, by resolution, to assist in the implementation of all aspects of this chapter.

   (b)   No household shall be permitted to begin occupancy of a dwelling unit which is required to be affordable under this chapter unless the City or its designee has determined a household's eligibility using methods as proscribed by the City.

   (c)   The City shall be authorized to enforce the provisions of this chapter and all Affordable Housing Agreements, regulatory agreements, covenants, resale restrictions, promissory notes, deed of trust, and other requirements placed on inclusionary units, and other affordable units, by civil action and any other proceeding or method permitted by law. The City may, at its discretion, take such enforcement action as is authorized under the Municipal Code and/or any other action authorized by law or equity or by any regulatory document, restriction, or agreement executed under this chapter.

   (d)   Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any applicant or owner from the requirements of this chapter. No permit, license, map, or other approval or entitlement for a residential or nonresidential development shall be issued, including without limitation a final inspection or certificate of occupancy, until all applicable requirements of this chapter have been satisfied.

   (e)   The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

   (f)   For inclusionary and affordable units occupied under the provisions of the chapter, the City may require written verification of owner occupancy, or household eligibility and rental rates.

   (g)   The City Council by resolution may establish fees for the on-going administration and monitoring of affordable units, which fees may be updated periodically, as required.

   (a)   A developer may request that the requirements of this chapter be adjusted or waived based on a showing that applying the requirements of this chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property. A developer may also request that the requirements of this chapter be satisfied by the developer in another manner which would result in reasonably comparable compliance with this chapter.

   (b)   Any request for a waiver, adjustment, or reduction under this section shall be submitted concurrently with the inclusionary housing plan required by Section 9-10.304, or density bonus plan required by Section 9-10.506, or with the application for a non-residential development. The applicant shall bear the burden of presenting substantial evidence to support the request and set forth in detail the factual and legal basis for the claim, including all supporting technical documentation.

   (c)   The request for a waiver, adjustment, or reduction shall be processed, reviewed, and approved or denied by the City Council, and may be processed concurrently with the discretionary applications, if required, for the development project. In making a determination on an application for waiver, adjustment, or reduction, the applicant shall bear the burden of presenting substantial evidence to support the claim.

   The waiver, adjustment, or reduction may be approved only to the extent necessary to avoid an unconstitutional result, or if it is determined that an adjustment would result in a reasonably comparable compliance with this chapter, after adoption of written findings, based on substantial evidence, supporting the determinations required by this section. If a waiver, adjustment, or reduction is granted, any change in the use within the project shall invalidate the waiver, adjustment, or reduction.

(§ 1, Ord. 1506-NS, eff. October 9, 2008)

   The purpose of this article is to encourage the production of affordable housing by providing incentives for developing small and underutilized parcels.

(§ 1, Ord. 1568-NS, eff. March 9, 2012)

   A housing development that meets all of the criteria (a) through (d) below is eligible for an incentive described in Sec. 9-10.703.

   (a)   The development will be built on a site that is:

   (1)   An existing parcel that is less than 1/2 acre in size, including an existing parcel of less than 1/2 acre that is developed in combination with one or more contiguous parcels; or

   (2)   A parcel listed in the inventory of underutilized sites with redevelopment potential in the Housing Element of the Thousand Oaks General Plan;

   (b)   All of the housing, with the exception of a managers unit (if any), shall be provided to extremely low-, very low- or low-income households at affordable rents or affordable housing costs;

   (c)   All of the housing shall be multiple- family housing developed at a minimum density of 20 dwellings per net acre;

   (d)   The development density shall comply with any law, including Government Code 65863, that restricts the City from allowing a parcel to be developed at a lower density than needed to accommodate the City’s share of the regional housing need;

   (e)   The project shall be subject to a recorded agreement between the City and a housing developer specifying the income level of the occupants and guaranteeing the affordability of the units.

(§ 1, Ord. 1568-NS, eff. March 9, 2012)

   (a)   The developer of a housing development that is eligible for an incentive may request any two of the incentives set forth in Sec. 9-10.503(b) under the density bonus program. Such incentives shall be in addition to any incentive that may be granted under the density bonus program.

   (b)   The City shall grant the requested incentives unless the decision-maker makes a written finding, based upon substantial evidence, of either of the following:

   (1)   The incentives would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to the targeted households.

   (2)   The incentives would be contrary to state or federal law.

(§ 1, Ord. 1568-NS, eff. March 9, 2012)

   The purpose of this article is to encourage the redevelopment of smaller sites through allowing incentives for qualifying housing projects that include the merging or consolidation of parcels.

(§ 3, Ord. 1734-NS, eff. January 10, 2025)

   (a)   Qualifying Projects: Housing developments that consist of lot consolidation pursuant to Section 9-3.1218 Voluntary Lot Mergers and meet either of the following location and affordability criteria:

      (1)   Housing Inventory Sites (HIS) that construct at a minimum, the number of residential units at the level of affordability identified in the Housing Element Appendix C: Sites Inventory.

      (2)   Mixed-Use (MU), Mixed-Use Overlay Zone (MUOZ) or Multiple-Family (R-3) zoned sites not identified in the Housing Element Sites Inventory associated with a rental development proposal consisting of twenty (20%) percent of the units affordable to lower income households and ownership development proposal consisting of twenty (20%) percent of the units affordable to moderate income households.

(§ 3, Ord. 1734-NS, eff. January 10, 2025)

   (a)   Fee Based: A pre-application will be processed with no fees imposed by the Planning Division.

   (b)   Locations: Housing Element Inventory Sites and other multifamily or mixed-use sites may be consolidated either separately or in combination when properties are adjoining and proposed to be merged.

   (c)   Development Standards:

      (1)   Qualifying projects located in the R-3 zone may use the Mixed-Use Zone Development Standards per Section 9-4.1052 and as allowed in this section (2) through (4).

      (2)   Waive the following Mixed-Use Zone Development Standards.

         (i)   Ground Floor Plate height: Minimum 14 feet.

         (ii)   Minimum average depth of retail of 60 feet.

         (iii)   Third Floor Setback – Minimum: 10 foot average from first floor street front building façade.

         (iv)   Public Exterior Space – Minimum three (3%) percent of area of building footprint.

      (3)   Change the following Mixed Use development standards to the following:

         (i)   Side yard setback:10 feet minimum from a residential zone.

         (ii)   Building Height maximum along a side property line within 40 feet of side yard abutting a residential zone:

            (1)   Twenty feet from property line - 25 feet maximum.

            (2)   Twenty feet to 40 feet from property line - 45 feet maximum.

            (3)   Over 40 feet from property line - 50 feet maximum.

         (iii)   Minimum Ground Floor Windows: thirty-five (35%) percent for ground floor residential.

      (4)   Reduce or waive Objective Design Standards for Courtyard, Stacked Dwelling and Mixed-use Block building types:

         (i)   Minimum Courtyard area reduction from fifteen (15%) percent to ten (10%) percent of lot area.

         (ii)   Minimum courtyard dimensions must be thirty feet (30') when the long axis of the courtyard is within forty-five (45) degrees of an east/west orientation and twenty feet (20') when the courtyard is within forty-five (45) degrees of a north/south orientation.

         (iii)   Courtyard dimensions must have no less than a one to two proportion between any horizontal dimension and adjacent building height.

         (iv)   A maximum of one hundred percent (100%) of the total units within a project can be in a stacked dwelling building type.

   (d)   Eligible for regulatory incentives consistent with California Government Code Section 65915(d)(2) regardless of whether the qualifying project includes a Density Bonus.

(§ 3, Ord. 1734-NS, eff. January 10, 2025)

   Rental units must be deed restricted as affordable housing units for no fewer than 55 years and ownership units must be deed restricted as affordable housing units for no fewer than 45 years, subject to Article 6. Compliance Procedures.

(§ 3, Ord. 1734-NS, eff. January 10, 2025)