Ventura Municipal Code Ch. 24.445 Affordable Housing Regulations

Prior legislation: Ords. No. 2004-002, 2013-005 § 2, 2013-008 § 2.

This chapter implements the state density bonus law (California Government Code Section 65915 et seq., as may be amended from time to time) and specifies the regulatory framework for providing density bonuses, incentives, waivers, and reductions in development standards for qualifying residential housing developments that propose affordable housing. In addition, this chapter establishes an inclusionary housing program aimed at promoting the development of affordable housing units within the city.

The intent of this chapter is to encourage and facilitate the development of affordable housing consistent with the state density bonus law and to implement the goals, objectives, and policies of the San Buenaventura general plan, including the current housing element and local coastal program. This chapter is structured to ensure that any ambiguities found will be interpreted in a manner consistent with the state density bonus law and other applicable state laws.

The objectives of this chapter include:

A. Housing Availability. Ensure the development and availability of affordable housing to a broad range of households with varying income levels throughout the city.

B. Affordable Housing Stock. Promote the city’s goal to add affordable dwelling units to the housing stock through both density bonuses and inclusionary housing provisions.

C. Long-Term Affordability. Ensure the long-term affordability of dwelling units and their continued availability to eligible households.

D. Distribution of Affordable Housing. Guarantee that affordable housing is dispersed throughout the city and within each residential development, and not segregated from market-rate housing, by adopting inclusionary housing requirements applicable to each residential development.

E. Replacement of Affordable Units. Ensure that housing projects that demolish existing naturally occurring affordable housing units replace those units on site when redeveloping.

By integrating these objectives, this chapter aims to provide a comprehensive approach to affordable housing. Through the combined provisions of implementing density bonuses and inclusionary housing, the city seeks to enhance the availability of affordable housing units, ensure their long-term affordability, and promote the equitable distribution of such units throughout the city. All incentives, concessions, and requirements are structured to align with the minimum standards set forth by state law, ensuring that state guidelines are met or exceeded. Any conflicts or ambiguities within this chapter will be resolved in conformity with the state density bonus law and other applicable state laws. The state law is changing at a quicker pace than this chapter can be amended to reflect the changes. Where possible, this chapter will reference state law so that it remains current. (Ord. No. 2025-003, § 2, 6-24-25)

Terms and phrases used in this chapter are defined in Title 24, Zoning Regulations, California state law, including but not limited to state density bonus law, and as follows:

“Affordable housing agreement” means a legally binding agreement between an applicant and the city in a form and substance satisfactory to the director and city attorney and suitable for recording, setting forth those provisions necessary to ensure that the requirements of this chapter are, and will continue to be, satisfied.

“Affordable housing cost” means a sales price that results in a monthly housing cost (including mortgage, insurance, utilities, rubbish collection costs and home association costs, if any) that does not exceed the amounts specified in California Health and Safety Code Sections 50052.5(b)(2) through (b)(4), as amended, as applicable to the inclusionary unit.

“Affordable rent” has the same meaning as set forth in California Health and Safety Code Section 50053, as amended.

“Affordable unit” means a dwelling unit within a housing development which will be reserved for sale or rent to very low-, low- or moderate-income households at an affordable housing cost or affordable rent.

“Childcare facility” has the same meaning as set forth in state density bonus law.

“City” means city of San Buenaventura.

“Concession” may be used interchangeably with “incentive” as those terms are defined under state density bonus law.

“Density bonus” has the same meaning as set forth in state density bonus law.

“Density bonus units” means those units that are built due to a grant of a density bonus and which exceed the otherwise maximum allowable residential density for the development site.

“Department” means the city’s community department.

“Director ” means the city’s community development director or designee.

“Eligible household” means any of the following, as applicable:

1. “Eligible moderate-income household” means a household whose income does not exceed the qualifying limits set for “persons and families of low- or moderate-income” in California Health and Safety Code Section 50093, as amended.

2. “Eligible low-income household” means a household whose annual income does not exceed the qualifying limits set for “lower-income households” in California Health and Safety Code Section 50079.5, as amended.

3. “Eligible very low-income household” means a household whose income does not exceed the qualifying limits set for “very low-income households” in California Health and Safety Code Section 50105, as amended.

“Eligible organization” means:

1. A government entity; or

2. A nonprofit corporation or nonprofit organization, or charitable organization as defined by applicable state or federal law.

“Household” means one person living alone, or two or more persons sharing residency, whose income is considered for housing payments.

“Inclusionary unit” means a dwelling unit that is designated to meet the inclusionary housing requirement, and that must be made available at an affordable cost to eligible households. Inclusionary units may include for-sale or rental units.

“Lower income household” means households whose income does not exceed the lower income limits applicable to the county of Ventura, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50079.5, as amended.

“Market-rate unit” means a dwelling unit in a residential development that is not an inclusionary unit.

“Maximum allowable residential density” has the same meaning as set forth in state density bonus law. In no event shall the maximum allowable residential density provided by this definition be applied to a development project in a way to produce a lower density than the minimum which would be required by California Government Code Section 65915, as amended.

“Moderate-income household” means households whose income does not exceed the moderate-income limits applicable to the county of Ventura, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50093, as amended.

“Protected units” has the same meaning as set forth in California Government Code Section 66300.5, as amended.

“Specific adverse impact” has the same meaning as set forth in California Government Code Section 65589.5, as amended.

“State density bonus law” means California Government Code Sections 65915 et seq., as amended.

“Very low income household” means households whose income does not exceed the very low income limits applicable to the county, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50105, as amended. (Ord. No. 2025-003, § 2, 6-24-25)

A. General Eligibility. A proposed housing development, as defined by state density bonus law, shall be eligible for a density bonus and other regulatory incentives provided by state density bonus law, if the applicant:

1. Submits an application in accordance with Section 24.445.040; and

2. Agrees to construct a housing development that will contain at least the required percentage of affordable housing units enumerated in state density bonus law, California Government Code Section 65915(b)(1).

B. Ineligibility. An applicant is ineligible for a density bonus or other concessions or incentives if the proposed development is on property where affordable rental units were located or demolished within the previous five years and/or occupied by low-income households or are otherwise required to be replaced under state density bonus law, unless the project replaces these units pursuant to state density bonus law, California Government Code Section 65915(c)(3). (See also Section 24.445.190, Replacement housing requirement.)

C. Inclusionary Units. If affordable housing is required under the inclusionary housing program provisions of this chapter, the required number of units will count towards the number of units needed to qualify for a density bonus. (Ord. No. 2025-003, § 2, 6-24-25)

A. Application. A form requesting a density bonus, concession or incentive, waiver or reduction of development standards, adjusted parking ratios, or any combination thereof, shall be submitted to the city in writing, on a form approved by the director.

B. Other Entitlements and Fees. The form shall be submitted to the city concurrently with the filing of the application under Section 24.500.030 for other entitlements required for the proposed housing development as defined by state density bonus law and the required application fee(s) established by city council resolution to recover the city’s administrative costs of processing the application and performing the functions of this chapter.

C. Required Information. The form shall contain information sufficient to allow the city to fully evaluate the request under the requirements of this chapter and state density bonus law, including, without limitation, the following minimum information:

1. Requested Density Bonus.

a. Summary table showing the maximum number of dwelling units permitted by the zoning (excluding any density bonus units), number of proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

b. Indicate the subparagraph of California Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing development is eligible for a bonus under that subparagraph.

c. A tentative map or preliminary site plan (drawn to scale) showing the number and location of all proposed units and designating the location of proposed affordable units and density bonus units.

d. The zoning designations and assessor’s parcel number(s) of the housing development site.

e. A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period and whether they were rented as affordable units.

f. If dwelling units on the site are currently rented, identify the income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, identify the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.

g. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low-income or low-income households in the five-year period preceding the date of submittal of the application.

h. Where the application is seeking an additional bonus, indicate the subparagraph of California Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph.

i. The proposed phasing of the construction of the affordable housing units in relation to the nonrestricted units in the housing development.

j. Any other information the director reasonably determines necessary to process and evaluate the application consistent with state density bonus law.

2. Requested Concessions or Incentives. If concessions or incentives are requested pursuant to state density bonus law, the application shall include the applicable development standards of the base zone and overlay zones (base development standards) along with the requested concession or regulatory incentive for each development standard where requested and a narrative explanation of how the requested incentive or concession complies with California Government Code Section 65915(k)(1), (2) or (3).

3. Requested Waivers or Reductions of Development Standards. If waivers or reductions of development standards are requested pursuant to state density bonus law, the application shall include the applicable development standards of the base zone and overlay zones (base development standards) and the requested waiver or reduction of standards for each base development standard where requested, and a narrative explanation of how the requested waiver or reduction complies with California Government Code Section 65915(e).

4. Requested Adjusted Parking Ratios. If adjusted parking ratios are requested pursuant to state density bonus law, the application shall include a table showing parking proposed under state density bonus law in compliance with California Government Code Section 65915(p) and Section 24.445.090, and reasonable documentation that the project is eligible for the requested parking reduction.

5. Donation of Land. If a density bonus is requested for the donation of land to the city, the application shall include the location of the land to be dedicated, proof of site control, proof of any debt associated with the land, and reasonable documentation demonstrating that the requirements of California Government Code Section 65915(g) can be met.

6. Childcare Facility. If a density bonus or incentive is requested for a childcare facility in a housing development pursuant to California Government Code Section 65915(h), the application shall include reasonable documentation demonstrating that the requirements of Government Code Section 65915(h) can be met.

7. Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion, the application shall include reasonable documentation demonstrating that the requirements of California Government Code Section 65915.5 and San Buenaventura Municipal Code Chapter 24.425 (Residential Condominium Conversion Regulations) can be met.

8. Commercial Development Bonus. If a “development bonus,” as defined by state density bonus law, is requested for a commercial development project, the application shall include reasonable documentation demonstrating that the requirements of Government Code Section 65915.7 can be met, which includes (where applicable) an agreement between the developer and a partnered affordable housing organization that allows for a contribution of affordable housing through a joint project or two separate projects encompassing affordable housing.

9. Other Information. Such other information as may be reasonably required by the city to evaluate the application, including additional requirements that are needed to evaluate projects offering qualifying land dedications. (Ord. No. 2025-003, § 2, 6-24-25)

A. Applicability of Coastal Act. California Government Code Section 65915(m) provides that state density bonus law does not supersede, alter, or lessen the effect or application of the California Coastal Act of 1976 (“Coastal Act”).

B. Compliance with Coastal Zone Policies. Any requested density bonus, incentives or concessions, waivers or reduction in development standards in the coastal zone shall be consistent with the city’s certified local coastal program (LCP) policies for the protection of coastal resources.

C. Density Provisions for Low- and Moderate-Income Housing. For qualifying projects that consist of low- and moderate-income housing, as defined in California Government Code Section 65589.5(h)(3):

1. LCP provisions that reduce residential densities below those sought by an applicant shall not apply if the requested density falls within the range permitted by the underlying zone and the additional density permitted by California Government Code Section 65915 et seq.

2. An exception applies if there is a finding, based on substantial evidence, that the density sought by the applicant cannot be feasibly accommodated on the site in a manner that is in conformity with Chapter 3 (commencing with Section 30200) of the Coastal Act or the other provisions of the LCP applicable to the project. (Ord. No. 2025-003, § 2, 6-24-25)

A. Review Concurrent with Planning Application. All requests under state density bonus law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with the authority to approve the development, within the timelines prescribed by California Government Code Section 65950 et seq. or other applicable statute. Appeals of the density bonus components of a project shall be made concurrently with any allowable appeals for the underlying planning application in accordance with the requirements of Chapter 24.565 (Appeal Procedure).

B. State Law Compliance. To ensure that an application for housing development conforms with the provisions of state density bonus law and the Coastal Act, the report to the decision-making body shall state whether the application conforms to the following requirements, as applicable:

1. The housing development provides the housing required by state density bonus law to be eligible for the density bonus and any requested incentive or concession, waiver or reduction of development standards, adjusted parking ratios, or any combination thereof, including the replacement of units as required by California Government Code Section 65915(c)(3).

2. If applicable, the housing development provides the housing required by state density bonus law to be eligible for an additional density bonus under California Government Code Section 65915(v)(1).

3. If an incentive or concession is requested, that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in California Health and Safety Code Section 50052.5, or for affordable rents, as defined in California Health and Safety Code Section 50053; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of California Government Code Section 65915(k)(2).

4. If a waiver or reduction of development standards is requested, that the housing development project is eligible for a waiver, and the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted by state density bonus law.

5. If parking reductions are requested, that the housing development is eligible for any requested parking reductions under California Government Code Section 65915(p).

6. If the density bonus is based, all or in part, on donation of land, that all requirements in California Government Code Section 65915(g) have been met.

7. If the density bonus or incentive is based, all or in part, on the inclusion of a childcare facility, that all requirements in California Government Code Section 65915(h) have been met.

8. If the density bonus or incentive is based, all or in part, on the inclusion of a condominium conversion, that the requirements in California Government Code Section 65915.5 and Chapter 24.425 (Residential Condominium Conversion Regulations) have been met.

9. That the requested density bonus, and any requested incentive or concession, waiver or reduction of development standards, adjusted parking ratios, or any combination thereof, is consistent with all applicable requirements of the certified local coastal program.

C. Findings for Denial of Incentive/Concession. The decision-making body shall grant an incentive or concession requested by the applicant unless it makes a written finding to deny, based upon substantial evidence of any of the following:

1. The proposed incentive or concession does not result in identifiable and actual cost reductions consistent with state density bonus law to provide for affordable housing costs, as defined in California Health and Safety Code Section 50052.5, or for affordable rents, as defined in California Health and Safety Code Section 50053;

2. The proposed incentive or concession would have a specific, adverse impact upon public health or safety or on any real property listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households; or

3. The proposed incentive or concession would be contrary to state or federal law.

D. Findings for Denial of Waiver/Reduction. The decision-making body shall grant the waiver or reduction of development standards requested by the applicant unless it makes a written finding to deny, based upon substantial evidence of any of the following:

1. The proposed waiver or reduction would have a specific adverse impact upon health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

2. The proposed waiver or reduction of development standards would have an adverse impact on any real property listed in the California Register of Historic Resources;

3. The proposed waiver would be contrary to state or federal law; or

4. The development standards for which a waiver or reduction is requested do not physically prevent the construction of the housing development at the densities or with the concessions or incentives allowed under state density bonus law.

E. Findings for Denial of Childcare Facility. If a childcare facility complies with the requirements of California Government Code Section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of a childcare facility only if it makes a written finding, based on substantial evidence, that the city already has adequate childcare facilities. (Ord. No. 2025-003, § 2, 6-24-25)

A. Affordable Housing Agreement Requirement.

1. Agreement Execution. If a density bonus, incentive or concession, waiver or reduction of development standards, or adjusted parking ratio is approved pursuant to this chapter, the applicant shall enter into an affordable housing agreement with the city using a form approved by the city.

2. Agreement Recording. After execution by all parties, the agreement shall be recorded by the applicant as a deed restriction against the property where the project is located.

3. Binding Nature. The agreement shall run with the land and bind all future owners and successors in interest of the property.

4. Timing. Approval and recording of the agreement shall occur before final map approval, or if no map is processed, before the issuance of any building permit for the property.

5. The following requirements in subsections B and C of this section shall be in addition to (and applied consistently with) the provisions of state density bonus law (including without limitation California Government Code Section 65915(c)).

B. Requirements for Rental Projects.

1. Affordability Period. The affordability of all rental units qualifying for a density bonus, incentive or concession, waiver or reduction of development standards, or adjusted parking ratio must be maintained for a minimum of 55 years or longer if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

2. Agreement Details. The agreement shall identify the type, size and location of each affordable unit; specify the eligible occupants; and specify phasing of the affordable units relative to market-rate units.

3. Rent Setting. Rents for the affordable units shall be set at an affordable rent as defined by state density bonus law.

C. Requirements for For-Sale Projects.

1. Initial Purchase Requirement. For-sale units qualifying for a density bonus, incentive or concession, waiver or reduction of development standards, or adjusted parking ratio shall initially be sold to persons and households of very low, low, or moderate income. If not purchased by lower- or moderate-income households within 180 days after the final certificate of occupancy is issued, the units must be sold pursuant to a recorded contract that satisfies the requirements of California Revenue and Taxation Code Section 402.1(a)(10) to a qualified nonprofit housing corporation as defined by state density bonus law. The units must then be offered at an affordable housing cost, as defined in California Health and Safety Code Section 50052.5.

2. Equity Sharing Agreement. The city shall require and enforce an equity sharing agreement consistent with state density bonus law unless it is in conflict with the requirements of another public funding source or law.

3. Affordability Period. The affordability of all for-sale units qualifying for a density bonus, incentive or concession, waiver or reduction of development standards, or adjusted parking ratio must be maintained for a minimum of 45 years or the time period required by any applicable federal or state law or regulation, if different.

D. Requirements for Senior Housing Developments. Applicants must enter into a restrictive covenant with the city, running with the land, ensuring that the housing development operates as a senior citizen housing development or a mobile home park that limits residency based on age requirements for housing for older persons, as applicable, consistent with state density bonus law and state and federal fair housing laws.

E. Additional Terms. The affordable housing agreement shall include:

1. The number of units approved for the housing development, including the number and type of affordable and density bonus units;

2. The location, unit size(s) (square footage), and number of bedrooms of affordable units;

3. Schedule for production of affordable units;

4. Details on incentives, concessions or waivers, or reduction of development standards provided by the city;

5. Where applicable, limits on tenure and conditions for the initial sale of affordable units;

6. Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable rental dwelling units;

7. Compliance with state and federal laws;

8. Prohibition against discrimination;

9. Indemnification of city;

10. City’s right to inspect units and documents;

11. Remedies; and

12. Any additional information or documentation that may be required by the city. (Ord. No. 2025-003, § 2, 6-24-25)

A. Rounding of Density Calculations. In determining the total number of units to be granted, each component of any density calculation, including base density and density bonus, resulting in fractional units shall be separately rounded up to the next whole number. When calculating the number of affordable units needed for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

B. Entitlement and Selection of Density Bonus. Except where a housing development is eligible for an additional bonus pursuant to California Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested.

C. Exclusion of Density Bonus Units in Calculations. In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to state density bonus law, units added by a density bonus are not included in the calculations. Any on-site units that satisfy the city’s inclusionary housing requirements in this chapter and are required to be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet the requirements of state density bonus law.

D. Acceptance and Limitations of Density Bonus. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled, or no density bonus at all. No reduction will be permitted in the percentages of required affordable units contained in California Government Code Sections 65915(b), 65915(c), and 65915(f). Regardless of the number of affordable units provided, no housing development shall be entitled to a density bonus higher than what is authorized under state density bonus law.

E. No Obligations for Financial Incentives. Nothing in this chapter requires the provision of direct financial incentives from the city for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives. (Ord. No. 2025-003, § 2, 6-24-25)

A. Number of Incentives. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to state density bonus law.

B. On-Site Vehicular Parking Ratios. If a housing development is eligible for a density bonus pursuant to state density bonus law, the applicant may request an on-site vehicular parking ratio in accordance with California Government Code Section 65915(p). (Ord. No. 2025-003, § 2, 6-24-25)

A. Inclusionary Requirements. Development projects consisting of seven or more dwelling units shall provide and designate at least 10 percent of the total for-sale dwelling units as inclusionary units, and at least 15 percent of the total rental dwelling units as inclusionary units, or 20 percent of the total dwelling units as inclusionary units when the inclusionary units are provided via rehabilitation, acquisition, or preservation per Section 24.445.140.

B. Targeted Income Groups. The targeted income group for the for-sale inclusionary units is 10 percent for moderate-income households and the targeted income group for rental inclusionary units is 10 percent for low-income households and five percent for very low-income households. At the discretion of the applicant and with the approval of the city, the project may provide a deeper level of affordability.

C. Density Bonus Units. When calculating the number of required inclusionary units, any additional dwelling units granted as a density bonus under this chapter or state law will not be considered as part of the required number of inclusionary units.

D. Fractional Units. Any fractional number of inclusionary units required in a residential development shall be provided by payment of an in-lieu fee in the amount determined pursuant to Section 24.445.140 unless the applicant elects to round up to the nearest whole number of units and provide that unit.

E. Combination For-Sale and Rental Development. When a residential development includes a combination of for-sale and rental dwelling units, the number and income levels for inclusionary units required for the residential development is calculated for each category of dwelling units (i.e., for-sale and rental) individually and then combined to comprise the residential development’s total inclusionary housing requirement under this chapter.

F. Other Incentives. Depending on the number of inclusionary units provided, the applicant may be eligible for one or more other regulatory incentives set forth in this chapter. (Ord. No. 2025-003, § 2, 6-24-25)

The inclusionary housing requirements of this chapter shall not apply to:

A. Residential developments of six dwelling units or less.

B. Residential units constructed pursuant to the city’s accessory dwelling unit (ADU) provisions as set forth in Chapter 24.430.

C. The reconstruction of any structures that have been destroyed by fire, flood, earthquake or other act of nature; provided, that the reconstruction of the site does not increase the number of dwelling units by seven or more.

D. Residential building additions, repairs or remodels; provided, that such work does not increase the number of existing dwelling units by seven or more. (Ord. No. 2025-003, § 2, 6-24-25)

A. Timing of Construction. The location of the inclusionary units within a housing development must be designated before issuance of building permits for the development. Inclusionary units shall be constructed and occupied concurrently with or prior to the construction and occupancy of market-rate units. In phased developments, inclusionary units may be constructed and occupied in proportion to the number of dwelling units in each phase of the development.

B. Location. Inclusionary units shall be dispersed throughout a housing development and not clustered in a particular area of the development. Inclusionary units within developments that share a common entrance shall not have separate entrances for market-rate and inclusionary units.

C. Design. Inclusionary units shall be comparable in design to market-rate units, with comparable infrastructure (including sewer, water, and other utilities), construction quality, and exterior design. The number of bedrooms in inclusionary units shall be equivalent to the number of bedrooms in corresponding market-rate units, but the inclusionary units may be smaller in size than the market-rate units. Inclusionary units may have different interior finishes and features than market-rate units, so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing, such as those applied by the low-income housing tax credit program.

D. Access to Common Amenities. Residents of inclusionary units shall have the same rights and access to common amenities in the development, such as parking, open space, storage, and recreational space, as residents in market-rate units.

E. Professional Rental Management Company. The applicant must employ and utilize a professional rental management company approved by the director for the management of all rental inclusionary units. (Ord. No. 2025-003, § 2, 6-24-25)

A. Inclusionary Housing Plan.

1. The applicant for a housing development subject to the inclusionary housing program shall submit an inclusionary housing plan in conjunction with its application for any development permit required under this title (Zoning Regulations) or any specific plan or community plan adopted by the city council.

2. The inclusionary housing plan shall include an acknowledgment that a recordable affordable housing agreement shall be entered into by the applicant, the owner (if not the applicant), and any other necessary party, and that resale restrictions, deeds of trust, and related documents may be recorded against inclusionary units.

3. The inclusionary housing plan shall be submitted on a separate plan sheet and shall include all necessary information to evaluate the plan for compliance with the requirements of this chapter, including a phasing plan for phased developments.

4. If the inclusionary housing plan is deemed incomplete, it will be returned to the applicant, along with a list of the deficiencies or the information required for completion.

B. Community Development Director Decision.

1. In conjunction with the processing of any underlying project approvals, the director shall approve, conditionally approve, or reject the inclusionary housing plan within 30 days of the date that the inclusionary housing plan is deemed complete by the director.

2. If the director rejects an inclusionary housing plan, the applicant may resubmit a plan that addresses and corrects all of the director’s original reasons for rejection.

3. An application for a housing development subject to this chapter will not be deemed complete until a complete inclusionary housing plan is submitted to the city.

4. At any time during the review process, the director may require the applicant to submit additional information reasonably necessary to clarify and supplement the inclusionary housing plan or determine the consistency of the inclusionary housing plan with the requirements of this chapter.

C. Affordable Housing Agreement.

1. Form. The affordable housing agreement form and any related declarations, resale restrictions, deeds of trust, and other documents authorized by this section shall be in a general form as prescribed by the city. The affordable housing agreement shall be approved by the director, and approved as to form by the city attorney, prior to being executed with respect to any housing development subject to the inclusionary housing program.

2. Recording. Affordable housing agreements approved by the city shall be recorded against inclusionary units prior to the issuance of any building permit for the development. Resale restrictions, deeds of trust, and/or other documents comprising or related to the affordable housing agreements specified by the director shall also be recorded against for-sale inclusionary units.

D. Building Permits. The city shall not issue a building permit for a housing development subject to the inclusionary housing program without an affordable housing agreement executed by the owner, the applicant (if not the owner) and the city manager, and approved as to form by the city attorney, and recorded against the property.

E. Implementation and Compliance Monitoring Fees.

1. The city council may, by resolution, establish fees and deposits for the reasonable cost of preparing documents and processing applications as required for the inclusionary housing program.

2. The city council may, by resolution, additionally establish compliance monitoring fees to recover the city’s reasonable costs for ongoing implementation of the inclusionary housing program. The city council shall establish separate compliance monitoring fees for for-sale and rental inclusionary units. (Ord. No. 2025-003, § 2, 6-24-25)

A. In-Lieu Fees.

1. The payment of in-lieu fees may be used to satisfy the inclusionary housing requirement for the following residential developments:

a. Any fractional number of inclusionary units required in residential development.

b. For-sale developments.

c. Rental developments with 20 or fewer dwelling units.

d. Rental developments with more than 20 dwelling units; provided, that the decision-making authority for the housing development finds that constructing the required inclusionary units on site would be an extreme hardship, based on factors such as project size, site constraints, and/or excessively large affordability gaps. One way this can be achieved is for the applicant to demonstrate that the imposition of the affordable housing production requirement would violate the California and/or United States Constitution.

e. For the developments described in subsections (A)(1)(b) through (A)(1)(d) of this section, the applicant may alternatively satisfy the inclusionary housing requirement by providing a portion of the inclusionary units required pursuant to this chapter, and satisfying the remainder of the inclusionary housing requirement through payment of in-lieu fees.

2. In-lieu fees shall be paid according to a fee schedule adopted by the city council and adjusted annually based on the percentage change in new home prices and average apartment rent increases in Ventura County.

3. In-lieu fees shall be paid prior to the issuance of the first building permit for the housing development. For phased developments, the applicant may pay a pro rata share of the in-lieu fee concurrently with the issuance of building permits for each development phase.

4. Unless otherwise required by law, all in-lieu fees and any other funds collected under this chapter must be deposited into a separate account to be designated as the city of San Buenaventura inclusionary housing fund. The moneys in the inclusionary housing fund and all earnings from investment of the moneys in the inclusionary housing fund may only be expended to provide housing affordable to extremely low-income, very low-income, low-income, and moderate-income households in the city leveraging funds, and administration and compliance monitoring of the city’s inclusionary housing program set forth in this chapter.

B. Off-Site Construction. The inclusionary housing requirement may be satisfied by the construction of inclusionary units off site as follows:

1. Irrespective of whether the market-rate units are for-sale units or rental units, the inclusionary units constructed off site shall be rental units for eligible very low-income households.

2. Off-site construction of accessory dwelling units (ADUs) shall not qualify as off-site inclusionary units.

3. Location of Off-Site Inclusionary Units.

a. The off-site inclusionary units shall be located within one-half mile of the market-rate development that is subject to the inclusionary housing requirement, unless the units are located within a moderate or higher resource area as defined by the California Tax Credit Allocation Committee (TCAC) Opportunities Mapping.

b. The development shall not create an overconcentration of deed-restricted affordable dwelling units in any specific neighborhood unless the units are located within a moderate or higher resource area as defined by the California Tax Credit Allocation Committee (TCAC) Opportunities Mapping.

c. “Overconcentration” means more than 50 deed-restricted dwelling units for eligible very low- or low-income households within one-quarter mile of the land, or more than 200 deed-restricted dwelling units for eligible very low- or low-income households within one-half mile of the land.

4. Building design, quality, and maintenance standards shall be of good quality and consistent with contemporary standards for new housing, such as those applied by the low-income housing tax credit program.

5. The number of bedrooms in the off-site inclusionary units is not required to be equivalent to the number of bedrooms in the market-rate development. However, the off-site inclusionary units shall meet the following requirements:

a. No more than 15 percent of the off-site inclusionary units shall be studios.

b. At least 40 percent of the off-site inclusionary units shall include two or more bedrooms.

6. A market-rate developer may enter into an agreement with an affordable housing developer to construct, own, and operate the off-site inclusionary units required to fulfill the inclusionary housing requirement, provided:

a. The affordable housing developer is approved by the city.

b. The affordable housing developer has recent relevant experience as determined by the city.

c. The affordable housing developer does not request any financial assistance from the city.

d. The inclusionary units are constructed prior to or concurrently with the market-rate development that triggered the inclusionary housing requirement. For phased developments, the inclusionary units shall be completed during the first phase of the market-rate development.

e. The affordable housing developer may apply pursuant to state density bonus law and the provisions of this chapter for a density bonus and the statutorily established number of incentives or concessions to construct the units.

C. Land Dedication. At the discretion of the decision-making authority for the development, the inclusionary housing requirement may be satisfied by the dedication of land as follows:

1. The land shall be conveyed to the city at no cost.

2. Payment in full of all property taxes and special taxes shall be made when the proposal for land dedication is submitted, and again prior to conveyance of the land to the city.

3. The inclusionary housing units constructed on the land shall be rental units affordable to eligible very low-income households.

4. Location of land to be dedicated and units on that land.

a. The land to be dedicated shall be located within one mile of the market-rate development that is subject to the inclusionary housing requirement, unless the units are located within a moderate or higher resource area as defined by the California Tax Credit Allocation Committee/California Department of Housing and Community Development (TCAC/HCD) Opportunities Mapping.

b. The inclusionary units constructed on the land to be dedicated shall not create an overconcentration of deed-restricted affordable dwelling units in any specific neighborhood, unless the units are located within a moderate or higher resource area as defined by the TCAC/HCD Opportunities Mapping.

c. “Overconcentration” means more than 50 deed-restricted dwelling units for eligible very low- or low-income households within one-quarter mile of the land to be dedicated, or more than 200 deed-restricted dwelling units for eligible very low- or low-income households within one-half mile of the land to be dedicated.

5. Upon submittal of a proposal for land dedication, evidence shall be provided that:

a. The developer has control of the land to be dedicated.

b. The land to be dedicated is free of any liens.

c. The developer has disclosed any encumbrances or easements that adversely impact the land’s title, and these have been factored into the estimated value of the land dedication.

d. The land to be dedicated does not contain any hazardous materials, and:

i. The developer has disclosed whether any hazardous materials were previously contained on the site.

ii. If any hazardous materials were previously remediated on the site, the developer has provided evidence that cleanup was performed in accordance with applicable law.

e. The land has not been improved with any residential use for at least five years prior to the submission of the land dedication proposal.

f. The land’s existing general plan and zoning allows for residential use at a density sufficient to permit the development of the required number of inclusionary units. The land is suitable in terms of size, configuration, and physical characteristics to allow cost-efficient development of the required number of inclusionary units.

g. The land is fully served by the necessary infrastructure to support the required number of inclusionary units.

6. The developer shall submit all necessary information to evaluate the proposal for compliance with the requirements of this chapter.

7. City staff shall review land dedication proposals prior to consideration by the decision-making authority, to ensure they meet the requirements of this section.

D. Rehabilitation, Acquisition, and Preservation. At the discretion of the decision-making authority for the development, the inclusionary housing requirement may be fulfilled through:

1. The rehabilitation of existing residential units to ensure they meet current building and health codes. Rehabilitation means the process of repairing or improving existing residential dwelling units to meet current health, safety, and building code standards. This includes structural fixes, updates to electrical and plumbing systems, and any repairs necessary to ensure the dwelling is habitable and meets modern standards of safety and accessibility.

2. The acquisition of existing residential units to be designated as affordable housing units. Acquisition means the purchase of existing residential dwelling units by a developer to make them available as inclusionary units. The acquired units must then be designated as affordable housing units with long-term affordability covenants.

3. The preservation of existing affordable housing units. Preservation means the act of maintaining existing affordable residential dwelling units to ensure they remain available for very low-income households. Preservation includes extending or renewing affordability covenants, maintaining the physical and structural integrity of the units, and ensuring that the units comply with current building and health standards.

4. Affordability Covenants and Restrictions.

a. The inclusionary units shall have long-term affordability covenants and restrictions that require them to be available to, and occupied by, very low-income households for at least 55 years or the time period required by any applicable federal or state law or regulation.

b. The rents charged for the inclusionary units shall be equal to or less than the rents stipulated by California Health and Safety Code Section 50053 for very low-income households.

c. The developer shall commit an identified amount of financial assistance to the rehabilitation, acquisition, or preservation of the inclusionary units. This commitment must be documented and submitted to the decision-making authority for approval.

d. The developer shall demonstrate that the inclusionary units meet the requirements of California Government Code Section 65583.1(c), which specifies criteria for the provision of affordable housing.

e. If there are more dwelling units in the development than are required to fulfill the inclusionary housing requirement, those additional dwelling units may be rented at unrestricted market-rate rents. (Ord. No. 2025-003, § 2, 6-24-25)

A. Eligibility. The developer shall designate and offer for-sale inclusionary units to eligible households based on the inclusionary housing program.

B. Sale and Resale.

1. The initial sales price and resale price of for-sale inclusionary units shall be set to an affordable housing cost calculated by the city on the first day of each calendar quarter.

2. A resale restriction shall be entered into on each change of ownership to maintain the household income restriction on the for-sale inclusionary unit for at least 45 years or the time period required by any applicable federal or state law or regulation.

C. Transfer of Title. Upon the death of a joint owner of a for-sale inclusionary unit, title in the inclusionary unit may transfer to the surviving joint owner without respect to the income-eligibility of the household. Upon the death of a sole owner or all owners, and inheritance of the inclusionary unit by a non-income-eligible child or stepchild of one or more owners, there will be a one-year compassion period between the time when the estate is settled and the time when the inclusionary unit must be sold to an eligible household. Inheritance of an inclusionary unit by any other person whose household is not income-eligible shall require resale of the inclusionary unit to an eligible household as soon as is feasible but not more than 180 days from when the estate is settled.

D. Owner Occupancy. Owners of inclusionary units shall:

1. Use and occupy the inclusionary unit as the owner’s principal residence for at least 10 months out of any 12-month period, or as determined appropriate by the director.

2. Not lease or rent any part of the inclusionary unit unless the city has given its prior written consent to such lease or rental on the basis of a demonstrated hardship by the owner.

E. Annual Report. The city may require owners of inclusionary units to provide an annual written report with information to certify continuing occupancy, as well as additional information deemed reasonably necessary by the city. (Ord. No. 2025-003, § 2, 6-24-25)

A. Eligibility. The developer shall designate and offer rental inclusionary units to eligible low- and very low-income households based on the inclusionary housing program.

B. Maximum Rent. The maximum allowable rent of inclusionary units will be affordable rents established by the city on at least an annual basis.

C. Duration of Affordability Requirement. The household income restriction on rental inclusionary units shall be maintained for at least 55 years or the time period required by any applicable federal or state law or regulation.

D. Income Certification. The owner of rental inclusionary units shall certify each tenant household’s income to the director at the time of initial rental. The owner shall obtain and review documents that demonstrate the prospective renter’s total income, such as income tax returns, and submit such information on a form approved by the city.

E. Annual Report. The owner shall submit an annual report summarizing the occupancy of each rental inclusionary unit for the year and demonstrating the continued income-eligibility of the tenant. The city may require additional information if deemed necessary.

F. Changes in Tenant Income.

1. If the income of a tenant of eligible very low-income rental inclusionary unit changes to exceed the very low-income limit, but not the low-income limit:

a. The owner may allow the tenant to remain in the original unit at the affordable rent for low-income households; provided, that the next vacant rental unit shall be redesignated as an inclusionary rental unit for eligible very low-income households; or

b. The tenant shall be given one year’s notice to vacate the unit. If, during the year, an inclusionary unit affordable to low-income households becomes available, the owner shall allow the tenant to submit an application for that unit.

2. If the income of a tenant of eligible low-income rental inclusionary unit changes to exceed the income limits for that unit:

a. The owner may raise the tenant’s rent to market rate and allow the tenant to remain in the original unit; provided, that another unit in the development is redesignated as an inclusionary rental unit affordable to eligible very low- or low-income households within one year.

b. If the owner does not want to redesignate another unit as an inclusionary rental unit, the tenant shall be given one year’s notice to vacate the unit.

G. Condominium Conversions.

1. A developer or eligible organization may convert rental inclusionary units to for-sale inclusionary units as follows:

a. Rental developments that include a tentative map for future conversion to for-sale units may pay in-lieu fees for for-sale inclusionary units at the time of map approval.

b. Existing rental inclusionary units may be maintained with affordable rents, while market-rate rental units may be converted to for-sale units.

c. Relocation benefits may be provided to tenants in the rental inclusionary units, and converted units may be offered for sale at an affordable housing cost to eligible moderate-income households.

2. In the event a developer or eligible organization wishes to change the initial designation of a rental inclusionary unit to a for-sale inclusionary unit for the purposes of offering the inclusionary unit for sale, the city must be sent notice, and must have acknowledged said notice prior to the inclusionary unit being offered for sale. (Ord. No. 2025-003, § 2, 6-24-25)

Developer must use commercially reasonable efforts to market the inclusionary units to eligible residents of the city, including but not limited to the following:

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 (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 at the housing development advertising the availability of the inclusionary units and providing contact information throughout the marketing period; and

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 residents (a list of which will be provided by the city). (Ord. No. 2025-003, § 2, 6-24-25)

A. Application. The requirements of this chapter may be modified or waived by application submitted pursuant to this section if the applicant demonstrates to the director that applying these requirements, considered together with any variances, or regulatory concessions or incentives that may be applied to the proposed development, would take property in violation of the United States or California Constitution.

B. Constitutional Requirement. Any adjustments or waivers may only modify the inclusionary housing requirement to the extent necessary to avoid an unconstitutional result. If the director determines no violation of the United States or California Constitution would occur through application of this chapter, the requirements of this chapter shall remain applicable.

C. Decision.

1. The director shall review the application received pursuant to this section and issue a written decision.

2. In making a determination on the requested adjustment or waiver, the decision-maker shall consider each of the following:

a. Application of the inclusionary housing requirement to the residential development;

b. Application of any applicable inclusionary or density bonus concessions or incentives;

c. Utilization of the most cost-efficient product type for the inclusionary units; and

d. The potential for external funding, including, but not limited to, governmental grants, loans, or subsidies of any nature where reasonably likely to occur.

D. Appeals. Determinations and decisions made pursuant to this chapter may be appealed to the city council in the manner and within the time set forth in Chapter 24.565. (Ord. No. 2025-003, § 2, 6-24-25)

A. No Net Loss of Dwelling Units. Notwithstanding any other law and notwithstanding density limitations on a site, no permit shall be issued for a housing development project that will require demolition of one or more residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished. For purposes of this section, “housing development project” has the same meaning as defined in California Government Code Section 65905.5(b)(3), which is the same as the term is defined in California Government Code Section 65589.5(h)(2), as amended from time to time, except that it also includes projects that involve no discretionary approvals and projects that include a proposal to construct a single dwelling unit.

B. Affordable Replacement Housing Units. Notwithstanding any law, the city shall not approve any housing development project that will require the demolition of occupied or vacant protected units, or that is located on a site where protected units were demolished in the previous five years, unless all of the following requirements are satisfied:

1. Units occupied on the date of application shall be replaced according to the size and cost as those households in occupancy pursuant to California Government Code Section 65915(c)(3)(B)(i). Units that have been demolished or vacated on the date of application shall be replaced based upon the high point in occupancy during the previous five years pursuant to California Government Code Section 65915(c)(3)(B)(ii).

a. If the incomes of the individuals and households are not known, the rebuttable presumption in California Government Code Section 65915(c)(3)(B)(i) regarding lower-income households shall be inclusive of the percentage of extremely low-income, very low-income and low-income households in the same proportion as their share of all renter households within the city of San Buenaventura, as determined by the director utilizing the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. If a housing development project is utilizing an affordable housing incentive program that does not include an option to include one of these income levels, the income category will not be required.

b. Units subject to California Government Code Section 65915(c)(3)(C) deemed or presumed to be occupied by persons or families above the lower-income category shall be replaced with low-income units pursuant to Section 65915(c)(3)(C)(i), as determined by the department.

2. Any protected units replaced pursuant to this subsection shall be considered in determining whether the housing development project satisfies the requirements of California Government Code Section 65915 or any locally adopted requirement that requires, as a condition of the development of residential rental units, that the project provide a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower-income, very low-income, or extremely low-income households, as specified in Sections 50079.5, 50093, 50105, and 50106 of the California Health and Safety Code.

3. Notwithstanding the requirements above, the replacement requirements of this section shall not apply to the following:

a. The project is an industrial use.

b. The project site is entirely within a zone that does not allow residential uses.

c. The zoning applicable to the project site that does not allow residential uses was adopted prior to January 1, 2022.

d. The protected units that are or were on the project site are or were nonconforming uses.

4. Owners of a housing development project subject to the above requirements must complete an application for a replacement unit determination with the department. Information provided by the owner and existing tenant(s), as well as information gathered by the department, will be used to determine whether any protected units exist.

C. Existing Occupant Protections.

1. Right to Remain. Any existing occupants shall be allowed to occupy their units until six months before the start of construction activities with proper notice, subject to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the California Government Code. A housing developer shall provide written notice to existing occupants of the planned demolition, the date they must vacate, and their rights under this section. Notice shall be provided at least six months in advance of the date that existing occupants must vacate. Housing developers must agree to the right to remain requirement on a form provided by the department.

2. Right to Return if Demolition Does Not Proceed. Any existing occupants that are required to leave their units shall be allowed to return at their prior rental rate if the demolition does not proceed and the property is returned to the rental market. A housing developer shall agree to this requirement on a form provided by the department.

3. Right to Relocation. Any existing occupants of any protected units that are lower-income households shall be provided with relocation benefits equivalent to those required to be paid by public entities pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the California Government Code and any implementing regulations.

4. Right of First Refusal. Any existing occupants of any protected units that are lower income households shall be given a right of first refusal for a comparable unit available in the new housing development affordable to the household at an affordable rent or an affordable housing cost. A comparable unit contains the same number of bedrooms but is not required to have the same or similar square footage or the same number of total rooms. In cases when a single-family home with four or more bedrooms is being replaced, a comparable unit may have three bedrooms. This requirement shall not apply to any of the following:

a. A development project that consists of a single residential unit located on a site where a single protected unit is being demolished.

b. Units in a housing development in which 100 percent of the units, exclusive of a manager’s unit or units, are reserved for lower income households, except when protected units occupied by an occupant who qualifies for residence in the new development and for whom providing a comparable unit would not be precluded due to unit size limitations or other requirements of any funding source of the housing development, as determined by the department. (Ord. No. 2025-003, § 2, 6-24-25)

A. Administrative Regulations. The city manager and the director may prepare and promulgate administrative regulations to implement this chapter.

B. Density Bonus Units for Inclusionary Housing Program. Except to the extent otherwise required by applicable law, affordable units that qualify a development for a density bonus count toward satisfying any obligation under the city’s inclusionary housing program.

C. Automatic Incorporation of State Law Amendments. This chapter implements the state density bonus law. In the event that state density bonus law and any other applicable state laws are amended, those amended provisions shall be incorporated into this chapter. Should any inconsistencies exist between the state law as now written or as amended, and the provisions set forth in this chapter, state law shall prevail.

D. Enforcement. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter pursuant to the procedures of Title 1, including:

1. Actions to revoke, deny or suspend any development approval or permit, including a building permit, certificate of occupancy, or discretionary approval.

2. Actions to recover from any violator of this chapter, civil fines, restitution to prevent unjust enrichment from a violation of this chapter, and/or enforcement costs, including attorneys’ fees.

3. Actions to enforce the provisions of this chapter, including the terms of any density bonus and/or inclusionary housing agreement or documents prepared to administer the affordability and eligibility requirements.

4. Eviction or foreclosure.

5. Any other appropriate action for injunctive relief or damages.

E. No Waiver. Failure of any city official, employee, or agent to fulfill the requirements of this chapter shall not excuse any person, owner, household, or other party from the requirements of this chapter.

F. Remedies Are Cumulative. The remedies provided for herein are cumulative and not exclusive and do not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. No. 2025-003, § 2, 6-24-25)