Pomona Municipal Code Div. 3 Alternative Means of Compliance

Footnotes:

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Editor's note— Ord. No. 4295, § 3, adopted Feb. 1, 2021, amended the Code by the addition of Div. 3, §§ 74-357, 74-358; however, said provisions have been redesignated as Div. 3, §§ 74-401, 74-402, at the editor's discretion, for purposes of allowing future expansion of the Code.

(a) As an alternative to constructing inclusionary units as required by this article, all or a portion of the inclusionary housing requirement may be fulfilled through the payment of in-lieu fees pursuant to an in-lieu fee schedule adopted by the city pursuant to this section.

(b) The developer of a residential development may pay an in-lieu fee instead of developing affordable housing as follows:

(1) In-lieu fees shall be paid for any fractional inclusionary unit required pursuant to the calculation of the required number of inclusionary units in accordance with this article, unless the developer voluntarily commits to round the fractional inclusionary unit up to the next whole unit.

(2) Developers of for-sale residential development may pay in-lieu fees in accordance with the schedule of fees adopted by council pursuant to this section, instead of providing inclusionary units pursuant to this article.

(3) Rental residential developments of 30 or fewer dwelling units may pay in-lieu fees instead of providing inclusionary units pursuant to this article.

(4) Rental residential developments of more than 30 units may be permitted to pay in-lieu fees instead of providing inclusionary units pursuant to this article if the city council determines, in its discretion, that the requirement to provide the inclusionary units would impose an extreme hardship on the developer.

(c) Prior to the effective date of this article, and from time to time thereafter, the city council shall adopt by resolution a schedule of in-lieu fees that shall be levied based on the square footage of the saleable area of for sale residential developments or leasable area of rental residential developments. The amount of in-lieu fees shall be established by resolution of the city council. The in-lieu fee schedule shall be updated periodically by the city council.

(d) The required in-lieu fees shall be paid at the time that the first building permit is obtained for the residential development, except that for phased projects, the developer may pay a pro rata share of the in-lieu fee, based on the number and size of phases in the development, concurrently with the issuance of the first building permit for each phase of the residential development.

(e) All in-lieu fees collected under this section shall be deposited in the Inclusionary housing fund established by the city pursuant to section 74-522 of this article.

(Ord. No. 4295, § 3, 2-1-2021)

As an alternative to constructing the required inclusionary units in accordance with this article, the city council may, in its discretion, allow an applicant to dedicate real property to the city for the purpose of developing affordable housing, provided that the real property dedicated to the city must satisfy all of the following requirements:

(a) The real property must be conveyed to the city at no cost.

(b) At the time the applicant submits a proposal to dedicate real property to the city pursuant to this section, the applicant must provide evidence satisfactory to the city that the property meets the following requirements:

(1) The applicant has control over the property through fee ownership, an option to purchase the property, or other property interest demonstrating site control satisfactory to the city, and the real property is free of any monetary liens. In the event that there are any encumbrances or easements that adversely impact title to the property, those encumbrances or easements must be disclosed and factored into the estimated value of the real property interest to be conveyed to the city.

(2) The applicant must provide evidence satisfactory to the city that the property does not contain any hazardous materials at the time of conveyance; must disclose whether any hazardous materials were previously found on the property; and if hazardous materials were previously remediated from the property, the applicant must provide evidence satisfactory to the city that such hazardous materials were remediated in accordable with all applicable law and regulations.

(3) The property cannot have been improved with any residential use for at least five years prior to the submission of the proposal for dedication of the property to the city pursuant to this section.

(4) The property must be located within one mile of the property upon with the applicant proposes to develop the market rate residential development that has triggered the requirements of this article.

(5) The construction of inclusionary units on the property must not create an over concentration of deed restricted affordable housing units in any specific neighborhood, as more specifically defined in section 74-387(c).

(6) The property must have a general plan designation that authorizes residential uses and is zoned for residential development at a density to accommodate at least a number of dwelling units equal to at least 15 percent of the number of dwelling units proposed in the applicant's residential development.

(7) The property must be suitable for development of inclusionary units equal to at least 15 percent of the number of dwelling units proposed in the applicant's residential development, in terms of configuration, physical characteristics, location, access, adjacent uses, and other relevant planning and development criteria including, but not limited to, factors such as the cost of construction or development arising from the nature, condition, or location of the property.

(8) Infrastructure to serve the property, including but not limited to streets and public utilities, must be available at the property line and have adequate capacity to serve the maximum allowable residential development pursuant to zoning regulations.

(c) In order to assist the city in evaluating a proposal by an applicant to dedicate property pursuant to this section, the applicant shall submit the following documents:

(1) A conceptual site plan and narrative description of a residential development that could be developed on the property.

(2) An identification of the income and affordability restrictions proposed to be imposed on the property.

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

(4) If the applicant believes a density bonus would be required pursuant to Government Code section 65915, the terms of the requested density bonus; and the incentives, concessions and development waivers that applicant anticipates will be requested for the development of the property.

(d) Prior to scheduling a proposal for dedication of property pursuant to this section for consideration by the city council, city staff will independently evaluate the applicant's proposal and provide the city council with an analysis of whether the proposal meets the required standards set forth in this section.

(Ord. No. 4295, § 3, 2-1-2021)