Tustin Municipal Code Part 3 Development Standard Requirements

(a) Location. Targeted units shall be built on-site, and be integrated within the housing development except those units built in conjunction with the donation and transfer of land pursuant to Section 9121(b).

(b) Time of Construction. Targeted units shall be constructed concurrently with non-restricted units unless both the City and the applicant agree in the housing incentive agreement described in Section 9142 to an alternative schedule for development.

(c) Bedroom Count. Except for a senior citizen housing development, the number of bedrooms of the targeted units shall be generally equivalent to the bedroom mix of the non-restricted units of the housing development, as determined by the Director and embodied in a housing incentive agreement. Notwithstanding the foregoing, the applicant may include a higher proportion of targeted units with more bedrooms than the non-restricted units.

(d) Affordable Housing Restrictions—Rental Units. An applicant shall agree to, and the City shall ensure, continued affordability of all low- and very low-income rental units that qualified the applicant for the award of the density bonus for at least fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

(e) Rents Units. Except as otherwise provided in subsection 9131(e)(1), Rents for the lower income density bonus units shall be set at an affordable rent.

(1) For housing developments meeting the criteria of subsection 9121(a)(7), and except as my otherwise be required by the Surplus Land Act, rents for all units in the development, including both base density and density bonus units, shall be as follows:

(i) The rent for at least 20 percent of the units in the development shall be set at an affordable rent.

(ii) The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.

(f) Affordable Housing Restrictions - For Sale units. An applicant shall agree to ensure, and the City shall ensure, that a for-sale unit that qualified the applicant for the award of a density bonus meets either of the following conditions:

(1) The unit is initially occupied by a person or family of very low, low or moderate-income, as required, and is offered at an affordable housing cost and is subject to an equity sharing agreement.

(2) The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code and that includes all of the following:

(i) A repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser.

(ii) An equity sharing agreement.

(iii) Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income.

(g) Equity Sharing. The City shall enforce an equity-sharing agreement required pursuant to subsections 9131(f)(1) or 9131(f)(2), unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity-sharing agreement:

(1) Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation.

(2) Except as provided in subsection 9131(g)(5), the City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five (5) years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.

(3) For purposes of this subsection, the City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

(4) For purposes of this subsection, the City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the home at the time of initial sale.

(5) If the unit is purchased or developed by a qualified nonprofit housing corporation, the City may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use 100 percent of the proceeds to promote homeownership for lower income households within the jurisdiction of the City

(h) Design. The design and appearance of the targeted units shall be consistent with the design of the total housing development. Housing developments shall comply with all development standards applicable to housing in the City, except those which may be modified as provided by this Chapter.

(i) Housing Incentive Agreement. A housing incentive agreement shall be entered into between the applicant and City and/or the Housing Authority to memorialize among other things, the applicant's commitment to provide targeted units in accordance with this Chapter and other applicable provisions of State Law. The agreement shall be made a condition of the development permits (e.g., tract maps, parcel maps, site plans, planned development, conditional use permits, etc.) for all housing developments pursuant to this Chapter.

(Ord. No. 1528, Sec. 2, 10-4-22)

(a) Parking. Upon the request of the developer, the vehicular parking ratio, inclusive of parking for persons with a disability and guests, of a development meeting the criteria of Section 9121(a), shall not exceed the following ratios:

(1) Notwithstanding paragraph (a) above, if a development includes at least 20 percent low-income units pursuant to Section 9121(a)(1) or at least 11 percent very low-income units pursuant to Section 9121(a)(2), is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit. Notwithstanding paragraph (a) above, if a development includes at least 40 percent moderate-income units pursuant to Section 9121(a)(3), is located within one-half mile of a major transit stop, and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, the City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom. The following table provides the ratios described in this subsection, for a project meeting the eligibility criteria:

(b) One Hundred Percent Affordable and Near Transit or Senior Citizen Housing. Notwithstanding paragraph (a) above, if a development consists solely of rental units with an affordable housing cost to low-income families, exclusive of a manager's unit(s), then, upon the request of the developer, the City shall not impose a vehicular parking standards if the development meets either of the following criteria (1) located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development, or (2) is a for-rent Senior Citizen Housing Development as defined in Section 9112, and has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

(c) Special Needs Housing. Notwithstanding paragraph (a) above, if a development is a for-rent Special Needs Housing Development as defined in Section 9112, then, upon the request of the developer, the City shall not impose any minimum vehicular parking requirement. A development that is a Special Needs Housing Development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

[(d)

Reserved.]

(e) Parking Calculations. 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.

(f) Tandem Parking. For purposes of this section, a development may provide on-site parking through tandem parking or uncovered parking, but not on-street parking.

(g) Parking Incentives/Concessions. If the development meets the requirements of Section 9121, an applicant may request parking incentives or concessions beyond those provided in this Section pursuant to Section 9123(a). A request pursuant to this Section shall not increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 9123(b).

(h) General. The City may, in its discretion, reduce or eliminate a parking requirement for developments of any type in any location.

(i) City Study. The City may impose a higher parking ratio not to exceed the ratio described in Section 9132(a)(1) if, based on substantial evidence found in a parking study prepared by the City within seven (7) years preceding the proposed project and which includes an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low-income individuals, including seniors and special needs individuals. The City shall make findings, based on the parking study supporting the need for a higher parking ratio.

(Ord. No. 1528, Sec. 2, 10-4-22)