Pomona Municipal Code Div. 2 Inclusionary Housing Requirements

Footnotes:

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Editor's note— Ord. No. 4295, § 3, adopted Feb. 1, 2021, amended the Code by the addition of Div. 2, §§ 74-348—74-356; however, said provisions have been redesignated as Div. 2, §§ 74-381—74-389, at the editor's discretion, for purposes of allowing future expansion of the Code.

A residential development that includes three or more dwelling units shall provide for the construction of inclusionary units in accordance with this article, unless an alternative means of compliance is permitted in accordance with division 3 of this article.

(a) Inclusionary requirements for for-sale dwelling units. Residential developments that include for-sale dwelling units shall provide inclusionary units through one of the following means:

(1) Residential developments comprised of for sale single family detached dwelling units shall include for-sale moderate-income units equal to seven percent of the total number of dwelling units in the residential development.

(2) Residential developments comprised of for sale townhomes, condominiums or similar attached dwelling units shall include for-sale moderate-income units equal to 11 percent of the total number of dwelling units in the residential development. If a residential condominium development is developed with the intent to initially rent the dwelling units, the residential development shall comply with the inclusionary requirements for rental dwelling units set forth in subdivision (b) below, and any future sale of the inclusionary units shall be addressed in the affordable housing agreement for the inclusionary units.

(3) As an alternative to developing for sale inclusionary units within the residential development as set forth above, for sale residential developments of any type may satisfy the requirements of this article by developing one of the following:

a. Rental low-income units included within the residential development equal to 15 percent of the total number of for-sale and rental dwelling units included in the residential development. The developer may create a separate legal parcel within the residential development upon which the rental low-income units may be located. The developer may, at its discretion, provide very low-income units instead of low-income units.

b. Rental low-income units located outside the boundaries of the residential development equal to 15 percent of the total number of dwelling units in the residential development. The developer may, at its discretion, provide very low-income units instead of low-income units.

(b) Inclusionary requirements for rental dwelling units. Residential developments that are comprised of rental dwelling units shall provide inclusionary units through one of the following means:

(1) Rental moderate-income inclusionary units included within the residential development equal to 13 percent of the total number of dwelling units in the residential development.

(2) Rental low-income units located outside the boundaries of the residential development equal to 15 percent of the total number of dwelling units in the residential development. The developer may, at its discretion, provide rental very low-income units instead of low-income units.

(c) Density bonus units. For purposes of calculating the number of inclusionary units required, any additional units authorized as density bonus units will not be counted in determining the required number of inclusionary units.

(d) Fractional units. If in computing the total number of inclusionary units required in a residential development, there is a fractional unit required, the applicant shall pay an in-lieu fee in the amount determined pursuant to section 74-401 of this article, equal to the amount calculated for that fractional unit on a per dwelling unit basis.

(Ord. No. 4295, § 3, 2-1-2021)

When a residential development includes a combination of for-sale detached single family residential, townhome/condominium, or rental dwelling units, the number and income levels for inclusionary units required for the residential development shall be calculated for each category of dwelling units (i.e., for-sale detached single family residential, townhome/condominium and rental) individually, and combined to comprise the residential development's total inclusionary housing requirement pursuant to this article.

(Ord. No. 4295, § 3, 2-1-2021)

(a) For-sale inclusionary units produced pursuant to this article must be legally restricted to sale to and occupancy by households of the income levels for which the units were designated for a single cumulative term of 45 years. During that term, the for-sale inclusionary units may only be sold and resold to moderate or low-income households at an affordable sales price for moderate-income households.

(b) Rental units produced pursuant to this article must be legally restricted to rental to and occupancy by households in the income level for which the inclusionary units are developed for a term of not less than 55 years. At the end of the 55-year term, the restrictions on rental of the inclusionary units may only be removed in the event that the property upon which the rental inclusionary unit or units are located is rezoned and used for a non-residential use.

(c) To ensure compliance with the durational requirement, affordable housing agreements, and resale restriction agreements for for-sale inclusionary units, shall be recorded in the chain of title for every inclusionary unit as provided in section 74-445 of this article.

(Ord. No. 4295, § 3, 2-1-2021)

Unless otherwise specified by the city council, inclusionary units shall be developed and incorporated into the applicable residential development in a manner consistent with the following requirements:

(a) For-sale inclusionary units shall be reasonably dispersed throughout a residential development and not clustered in a specific portion of the development, and the location of the for-sale inclusionary units within a residential development shall be designated before issuance of building permits for the development.

(b) The for-sale inclusionary units shall be built concurrently with the market rate units in the residential development. The inclusionary units may be constructed in phases if the market rate units are constructed in phases, provided that the percentage of inclusionary units developed in each phase shall be equivalent to or greater than the total percentage of inclusionary units to be developed as part of the residential development until such time that all the inclusionary units have been built.

(c) For-sale inclusionary units shall be comparable in infrastructure (including sewer, water and other utilities), construction quality and exterior design to the market-rate units.

(d) The bedroom mix for the for-sale inclusionary units must be proportional to the bedroom mix of the market rate units, but the for-sale inclusionary units may be smaller in square footage than the market rate units.

(e) The interior finishes and features for the inclusionary units must be comparable to the base level interior finishes for the market-rate units, and the appliance packages in the for-sale inclusionary units must be the same as the appliance packages provided in the base level market rate units.

(Ord. No. 4295, § 3, 2-1-2021)

(a) In the event a developer opts to provide rental inclusionary units within a for-sale residential development, the developer may create a separate legal parcel upon which the rental inclusionary units may be located.

(b) The developer of the for-sale residential development may enter into an agreement with a separate affordable housing developer to construct, own and operate the rental inclusionary units, subject to the following requirements:

(1) The affordable housing developer must have relevant recent experience developing affordable housing, as determined by the city council in its discretion; and

(2) The affordable housing developer may not request any financial assistance from the city for the development of the rental inclusionary units.

(c) The bedroom mix for the rental inclusionary units shall not be required to be proportionate to the for-sale residential units, provided that the rental inclusionary units shall be consistent with the following requirements:

(1) No more than 15 percent of the rental inclusionary units may be studio units.

(2) At least 40 percent of the rental inclusionary units must include two or more bedrooms.

(3) The remaining units must be one or more bedrooms.

(Ord. No. 4295, § 3, 2-1-2021)

(a) The rental inclusionary units developed in a rental residential development shall be reasonably dispersed throughout a residential development and not clustered in a specific portion of the development, and the location of the rental inclusionary units within a rental residential development shall be designated before issuance of building permits for the development.

(b) The rental inclusionary units shall be built concurrently with the market rate units in the rental residential development.

(c) The bedroom mix for the rental inclusionary units in a rental residential development must be proportional to the bedroom mix of the market rate units, but the inclusionary units may be smaller in square footage than the market rate units.

(d) The interior improvements for the rental inclusionary units must be consistent with defined housing quality standards as established for inclusionary units by the city. If no such housing quality standards have been established by the city, the improvements shall comply with the standards established or approved by the California Tax Credit Allocation Committee for residential units developed pursuant to the federal low-income housing tax credit program.

(Ord. No. 4295, § 3, 2-1-2021)

Inclusionary units that are constructed to satisfy this article that are outside the boundaries of the market-rate residential development shall comply with the following requirements:

(a) The inclusionary units constructed must be rental dwelling units.

(b) The parcel upon with the rental inclusionary units are constructed must be constructed within one mile of the boundary of the market rate residential development that is subject to the requirements of this article.

(c) The inclusionary units shall not create an over concentration of deed restricted affordable housing units in any specific neighborhood. For purposes of this section, "over concentration" is defined as more than 50 deed restricted very low or low-income dwelling units within one-fourth mile of the site of the proposed inclusionary units, or more than 200 of such units within one-half mile of the site of the proposed inclusionary units.

(d) The developer of the for-sale residential development may enter into an agreement with a separate affordable housing developer to construct, own and operate the rental inclusionary units, subject to the following requirements:

(1) The affordable housing developer must have relevant recent experience developing affordable housing, as determined by the city council in its discretion; and

(2) The affordable housing developer may not request any financial assistance from the city for the development of the rental inclusionary units.

(3) The affordable housing developer may apply to use the density bonus, incentives and concessions available pursuant to Government Code section 65915 and section .520 of the City of Pomona Zoning Ordinance for the residential development based on the inclusionary units developed outside the boundaries of the residential development as provided in this section.

(e) Design, building quality and maintenance standards must be consistent with defined housing quality standards as established for inclusionary units by the city. If no such housing quality standards have been established by the city, the improvements shall comply with the standards established or approved by the California Tax Credit Allocation Committee for residential units developed pursuant to the federal low-income housing tax credit program.

(f) The bedroom mix for the rental inclusionary units shall not be required to be proportionate to the for-sale residential units, provided that the rental inclusionary units shall be consistent with the following requirements:

(1) No more than 15 percent of the rental inclusionary units may be studio units.

(2) At least 40 percent of the rental inclusionary units must include two or more bedrooms.

(3) The remaining units must be one or more bedrooms.

(g) The rental inclusionary units shall be built prior to or concurrently with the market rate units in the residential development that triggered the requirements for the inclusionary units. If the market rate units are constructed in phases, the rental inclusionary units must be constructed prior to or concurrently with the first phase of the market rate residential development. The developer shall not commence construction on the second phase of the residential development until the required rental inclusionary units are completed

(Ord. No. 4295, § 3, 2-1-2021)

Residents and tenants of inclusionary units located within the residential development shall be provided the same rights and access to common amenities in the development project as residents and tenants occupying market-rate units.

(Ord. No. 4295, § 3, 2-1-2021)

Developer shall use all commercially reasonable efforts to market the inclusionary units to eligible residents of the City of Pomona, including but not limited to:

(a) No later than 90 days after the issuance of building permits for the first of the inclusionary units, notifying local government and nonprofit agencies serving income qualified households in the City of Pomona (a list of such organizations provided by the city) of the availability of any low or very low-income units and requesting that these organizations assist in publicizing the availability of such units to their members and clients;

(b) Placing a sign on the property advertising the availability of the inclusionary units and providing contact information throughout the marketing period;

(c) Advertising the availability of the inclusionary units on social media outlets and local newspapers in multiple languages, consistent with the direction of the city, that cater to City of Pomona residents (a list of which will be provided by the city); and

(d) In accordance with selection procedures to be developed by the city.

(Ord. No. 4295, § 3, 2-1-2021)