§ 33-1417. Affordable and senior housing standards. — Escondido Zoning Code

(a) Concurrent development. Target units shall be constructed concurrently with nonrestricted units unless both the city and the developer agree within the affordable housing agreement to an alternative schedule for development. If the development proposes a phased building plan, a proportionate share of target units shall be constructed in each phase. Otherwise, the city shall not issue building permits for more than 50% of the nonrestricted units until the city has issued building permits for all of the target units, and the city shall not approve any final inspections or issue any certificates of occupancy for more than 50% of the market rate units until the city has issued certificates of occupancy for all of the affordable units.
(b) Location and dispersal of units. Target units and density bonus units shall be built on site (within the boundary of the proposed development) and when practical, be dispersed within the housing development.
(c) Off-site alternative. Circumstances may arise in which the public interest would be served by allowing some or all of the designated target units to be produced and operated at a development site different from the site of the associated housing development, also known as an off-site alternative. Where the city and the applicant form such an agreement, both the associated target and nonrestricted units of the housing development shall be considered a single housing development for the purposes of this article, and the applicant shall be subject to the same requirements of this article pertinent to the target units to be provided at an off-site alternative.
(d) Bedroom unit mix. The housing development shall include a mix of target units (by number

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City of Escondido, CA

ESCONDIDO CODE

§ 33-1417

of bedrooms) in response to the affordable housing demand priorities of the city as may be identified within the city's housing element or consistent with the unit mix of nonrestricted units. The number of bedrooms in the target units shall at least equal the minimum number of bedrooms of the nonrestricted units. For non-senior projects involving five to nine units (or three to nine units if the project is located within the South Centre City Specific Plan), exclusive of the target units, and that receive incentives in addition to the minimum required by State Density Bonus Law, all target units shall have at least two bedrooms. For non-senior projects involving 10 or more units, exclusive of the target units, and that receive incentives in addition to the minimum required by State Density Bonus Law, at least 33% of the target units shall have at least three bedrooms, or a ratio deemed acceptable by the city.

n addition to the minimum required by State Density Bonus Law, all target units shall have at least two bedrooms. For non-senior projects involving 10 or more units, exclusive of the target units, and that receive incentives in addition to the minimum required by State Density Bonus Law, at least 33% of the target units shall have at least three bedrooms, or a ratio deemed acceptable by the city.

(e) Compliance with development standards and codes. Housing development projects shall comply with all applicable development standards, except those that may be modified as an incentive or concession or will have the effect of physically precluding the construction of a development providing the target units at the densities or with the concessions or incentives permitted by section 33-1414, or as otherwise provided for in this article.
(f) Design consistency. The design and appearance of the target units shall be consistent or compatible with the design of the total housing development in terms of appearance, materials, and finished quality.
(g) Parking. Upon the request of the developer, the parking ratio (inclusive of handicap and guest parking) for a housing development that conforms to the requirements of section 33-1413(a) shall not exceed the ratios specified in Table F. Such request and application of this parking ratio shall not be considered an incentive/concession pursuant to section 33-1414. If the developer does not request the parking ratios specified in Table F or the project does not conform to the requirements of section 33-1413(a), the parking standards of the applicable zone shall apply.
- (1) Fractional parking spaces. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.
- (2) Tandem and uncovered parking. For purposes of this section, a housing development may provide "on-site" parking through tandem parking or uncovered parking, but not through on-street parking.
- (3) Additional parking incentives/concessions. The developer may request additional parking incentives or concessions beyond those provided in this section, as specified in section 33-1414.

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Table F
Parking Ratio for Housing Development Projects
On-Site Parking Ratio (Inclusive of Handicapped and
Dwelling Unit Size Guest Parking)
0–1 bedrooms 1 space per unit
2–3 bedrooms 2 spaces per unit
4 or more bedrooms 2.5 spaces per unit
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City of Escondido, CA § 33-1417

ZONING

§ 33-1417

(h) Waiver/reduction of development standards. Any waiver or reduction from the applicable development standards shall be limited to those necessary to implement the density and incentives/concessions to which the developer is entitled under section 33-1413.
(1) Adverse impact. Nothing in this section shall be construed to require that the city waive or reduce development standards that would have an adverse impact upon the health, safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Adverse impact is defined in section 65589.5(d)(2) of the California Government Code and any subsequent amendments and revisions thereto.
- (2) Historical resources and conflict with law. Nothing in this section shall be construed to require that the city waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources or to grant any waiver or reduction that would be contrary to state or federal law.
(i) Prequalification. All households for target units must be prequalified by the developer prior to such households moving into a target unit by a process mandated by the city. The prequalification process for target households shall certify the income level of the prospective tenant household, and advise the household of affordable housing costs, if applicable. These standards will be made available to the applicant by the city. The property owner shall not charge the applicant for the initial prequalification review. If, after performing the necessary verification, the prospective tenant qualifies as a very low, low, or moderate income household, the city shall issue a certificate to the applicant and the property owner verifying the income level and eligibility to rent or own the unit.
(j) Reporting. By May 31 of each calendar year, the developer shall provide the housing division an accounting of the previous calendar year, including the following:
- (1) Total units occupied for any part of the previous year by bedroom size;
- (2) Total units vacant for any part of the previous year by bedroom size;
- (3) Total units occupied by target households by bedroom size;
- (4) For each very low, low, or moderate income target unit, the total monthly housing costs advertised and/or paid; and
- (5) Any other pertinent information deemed appropriate by the city upon approval of the project.
(k) Enforcement. Default by the property owner is unlawful and is a misdemeanor. Each applicable unit shall be considered a separate violation. Such violation shall be punishable by a fine, not exceeding $1,000, or by imprisonment in the County Jail for a period not exceeding six months, or both. In addition, the city shall have the right to prohibit the property owner from leasing any non-restricted unit that becomes vacant until the owner remedies the default. Until the default is remedied, no such unit shall thereafter be rented until the property owner presents sufficient evidence to the housing division that the prospective tenant qualifies as a target household. Additionally, the average monthly default units shown on the audit report for the previous year shall be added to the units to be set aside during the next succeeding reporting period, if applicable.

default is remedied, no such unit shall thereafter be rented until the property owner presents sufficient evidence to the housing division that the prospective tenant qualifies as a target household. Additionally, the average monthly default units shown on the audit report for the previous year shall be added to the units to be set aside during the next succeeding reporting period, if applicable.

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City of Escondido, CA

ESCONDIDO CODE

§ 33-1417

§ 33-1420

(Ord. No. 2021-10, § 6, 10-27-21)