Chapter 17.39 — Housing Element Sites Inventory Overlay

• (Ord. # 23 1471 §26, adopted 11/14/2023, effective 08/05/2024)

The purpose of the Housing Element Sites Inventory Overlay is to identify sites designated by the City’s Housing Element for satisfying the City’s Regional Housing Needs Assessment (RHNA). This Overlay implements the City’s Housing Element. Overlay sites shall be identified on the City’s Zoning Map with a symbol of “—HE” appended to the underlying zoning name (example: C2-HE).

• (Ord. # 23 1471 §26, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024

1. A.

Uses permitted by the underlying zoning district.

2. B.

Uses permitted only for sites designated as a Housing Element Sites Inventory Overlay.

• (Ord. # 23 1471 §26, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024

1. A.

Sites designated as –HE used to satisfy lower income housing must be developed to a minimum density anticipated in the City’s Housing Element, or twenty (20) dwelling units per acre, whichever is more.

2. B.

If a site designated as –HE is developed at a density that is below the minimum residential density anticipated in the City’s Housing Element, the City must either:

Make a finding that the remaining sites identified in the Housing Element are adequate to meet the City’s remaining RHNA for the Housing Element planning period by income category. This finding should include a quantification of the remaining unmet need for the City’s RHNA at each income level and the remaining capacity of sites identified in the Housing Element, to accommodate that need by income level; or

Make available sufficient sites to accommodate the remaining unmet RHNA for the income category within 180 days or other time frame as established by law, whichever is later.

• • (Ord. # 23 1471 §26, adopted 11/14/2023, effective 08/05/2024; Ord. # 24 1481 §1, adopted 07/23/2024, effective 08/22/2024)

Effective on: 8/22/2024

1. A.

If an application for development includes demolition of any of the following types of units existing within the past five (5) years, the application must include provisions for replacement:

Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low-income; or

Subject to some form of rent or price control through a public entity's valid exercise of its police power; or 3. 3.

Occupied by lower or very low-income households.

2. B.

Replacement units must be in accordance with Government Code Section 65915(c)(3), including equivalency provisions for income level, size, and number.

• (Ord. # 23 1471 §26, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024

1. A.

Sites designated as (--HE) that have underlying non-residential zones are subject to the City’s Land Value Recapture Program for Affordable Housing, as follows:

Proposed projects that are entirely non-residential are exempt.

Projects on sites with a Sites Inventory capacity are subject to the Land Value Recapture Program fee, as follows:

1. a.

For sites on the Sites Inventory with a capacity of 5 or more units:

1. i.

2. Projects proposing a minimum of 15% very-low income units, 15% low-income units, or 25% moderate income units, or combination thereof, (calculated from base density) shall be exempt from the fee;

3. ii.

4. Projects proposing a portion of the above affordability requirements shall be subject to the corresponding proportional amount of the fee.

5. iii.

6. Projects not proposing any affordable units shall be subject to the Tier 2 fee.

7. b.

• For sites on the Sites Inventory with a capacity of 1 to 4 dwelling units: 1. i.

  1. Projects constructing to minimum density and proposing at least 1 affordable unit (very low, low, or moderate) are exempt from the fee.

  2. ii.

2. Projects not proposing any affordable units shall be subject to the Tier 1 fee.

2. B.

The fee amounts for the Land Value Recapture Program for Affordable Housing shall be set by City Council resolution.

• (Ord. # 24 1474 §1, adopted 01/23/2024, effective 08/05/2024)

Effective on: 8/5/2024

For any unit constructed on a (--HE) site after [date of Housing Element certification], it shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. All developments must be accompanied by a restrictive covenant prohibiting short-term vacation rentals.

• (Ord. # 23 1471 §26, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024