HomeMy WebLinkAboutMINUTES - 10242006 - C.33 TO: BOARD OF SUPERVISORSContra
.. Costa
FROM: Dennis M. Barry, AICP ' { County
Director of Corn munity.Development >:; p
DATE: October 24, 2006 �-
SUBJECT: INCLUSIONARY HOUSING ORDINANCE
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. ADOPT the Inclusionary Housing Ordinance, Ordinance No. 2006-43, to require new
residential developments to include a minimum percentage of dwelling units that are affordable
to very-low, lower, and moderate income households.
2. ADOPT the Negative Declaration of Environmental Significance for the project in compliance
with the California Environmental Quality Act (CEQA).
3. APPROVE the findings and the first recommended revision contained in County Planning
Commission Resolution No. 9-2006, which recommends adoption of the ordinance with
recommended revisions.
4. DIRECT the Community Development Director, or designee, to file a Notice of Determination
for this project with the County Clerk.
5. DIRECT the Community Development Director, or designee, to arrange for payment of the $25
handling fee to the County Clerk for filing such Notice of Determination
CONTINUED ON ATTACHMENT: X YES ❑ NO SIGNATURE: VD
RECOMMENDATION OF COUNTY ADMINISTRATOR MMEND O OF BOAR
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Uo APPROVED AS RECOMMENDED ok-- "R
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT _) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Kara Douglas, 335-7223 ATTESTED � �P'/L��
Orig: Community Development JOHN CULLEN, CLERK
cc: County Administrator OF THE BOARD OF SUPERVISORS
County Counsel AND OU ADMINISTRATOR
Auditor-Controller
BY . , DEPUTY
Inclusionary Housing Ordinance
October 24, 2006
Page 2
FISCAL IMPACT:
Some costs may be borne by the Community Development Department during the pre-application
phase. Staff anticipates some developers will opt to pay a fee in-lieu of developing the affordable,
housing units. A portion of this fee may be used to cover costs of implementing the Inclusionary
Housing Ordinance.
CEQA COMPLIANCE:
Staff completed an Initial Study and determined that adoption of the Ordinance will not have a
significant impact to the environment. Therefore a Negative Declaration has been prepared. Each
development project subject to the Ordinance will undergo a separate CEQA review.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
On September 26, October 3, October 10, and October 17, 2006 the Board held a public hearing on a
proposed Inclusionary Housing Ordinance, Ordinance No. 2006-43 (Ordinance). The Ordinance is a
proposal to add Chapter 822-4 to the County Ordinance Code to require new residential
developments to include a minimum percentage of dwelling units that are affordable to very-low,
lower, and moderate income households. In residential developments of five (5) or more units, fifteen
percent (15%) of the dwelling units must be affordable. Developments of four (4) or fewer units are
not subject to the requirements of the recommended Ordinance. The recommended Ordinance
provides some alternative compliance options, including the payment of fees in-lieu of developing
affordable units ("in-lieu fee"), allowing the affordable units to be developed on a separate site, and
allowing a developer to convey land suitable for affordable housing development to a qualified
affordable housing developer. In addition, the County may consider any other reasonable alternative
that a developer proposes. These proposals may include pooling of resources with other developers,
or receiving credit on a future project for additional affordable units in a current project. The
recommended Ordinance also establishes rental and sale restrictions on inclusionary units that are
enforced by a recorded agreement between the County and the developer.
On October 17, 2006, the Board considered the Ordinance, which reflected changes requested by the
Board at its October 10th meeting. The Board directed that the Ordinance be further revised with the
following changes:
1. Revise section 822-4.414 (b)(7) so that an inclusionary housing plan that proposes an alternative
compliance method provide sufficient information to allow the County to determine either that on-
site construction of inclusionary units is infeasible or that an alternative method of compliance
could provide equivalent or greater benefit than would result from providing those inclusionary
units on site.
2. Revise section 822-4.416 (b) to add a subsection (8) to read: "If an alternative compliance method
has been proposed, provisions for implementation and enforcement of the method, consistent with
section 822-4.406.
3. Revise section 822-4.416 (c) to clarify that an inclusionary housing agreement must be executed
before the approval of the 'final map or the issuance of the first building permit, whichever occurs
first.
Attachments:
1 . Revised Inclusionary Housing Ordinance
2. County Planning Commission Resolution No. 6-2006
3. Notice of Determination
ORDINANCE NO..2006-43
INCLUSIONARY HOUSING
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes
from the official text of the enacted or amended provisions of the County Ordinance Code):
SECTION I. SUMMARY. This ordinance requires new residential developments to include a
minimum percentage of dwelling units that are affordable to very low, lower, and moderate income
households. In residential developments of five through 125 dwelling units, 15.percent of the dwelling
units must be affordable, or a fee may be paid in lieu of providing some or all of the required units. In
residential developments of 126 or more dwelling.units, 15 percent of the dwelling units must be
affordable. This ordinance also.specifies alternatives for complying with the requirements of this
chapter. .This ordinance also establishes rental and sale restrictions on inclusionary units that are
enforced by a recorded agreement-between the County and the developer.
SECTION II. Chapter 822-4 is added to the County Ordinance Code,to read:
Chapter 822-4
INCLUSIONARY HOUSING
Article 822-4.2
General
822-4.202 Title. This chapter is known and may be cited as the Contra Costa County Inclusionary
Housing Ordinance. (Ord. 2006-43 § 2.)
822-4.204 Purpose and Intent. The purpose of this chapter is to facilitate the development and
availability of housing affordable to.a broad range of households with varying income levels within the
County. It is intended in part to.implement State policy declaring that local governments have a
responsibility to exercise their powers to facilitate the development of housing necessary to adequately
provide for the housing needs of all economic segments of the community. The goal of this chapter is to
ensure that affordable housing units are added to the County's housing stock in proportion to the
increase in new housing units in the County, in accordance with Goal 3 of the Housing Element of the
County General Plan. (Ord. 2006-43 § 2.)
822-4.206 Definitions. As used in this chapter, the following terms have the following meanings:
(a) "Affordable rent"means a rent, including a reasonable utility allowance as determined by the
community development director, for rental inclusionary units that does not exceed the following
calculations pursuant to Health and Safety Code section 50053:
ORDINANCE NO. 2006-43
1 '
(1) Very low income: 50 percent of the area median income for Contra Costa County,
adjusted for assumed household size, multiplied by 30 percent and divided by 12.
(2) Lower income: 60 percent of the area median income for Contra Costa County,
adjusted for assumed household size, multiplied by 30 percent and divided by 12.
(b) "Affordable sales price"means a sales price at which very low, lower, or moderate income
households can afford to purchase an inclusionary unit, calculated using the affordable housing
cost formula set forth in Health and Safety Code section 33334.22(b), and taking into account
reasonable down payment, assumed household size, and other ownership housing costs
described in California Code of Regulations, title 25, section 6920. Under Health and Safety
Code section 33334.22(b), the affordable housing cost is calculated using the following
standards: for very low income households, a standard of 40 percent of 50 percent of the area
median income; for lower income households, a standard of 40 percent of 70 percent of area-
median income; and for moderate income households, a standard of 40 percent of 110 percent
of area median income.
(c). "Area median income"means the median income, adjusted for household size, in the Oakland
Metropolitan Statistical Area(which includes Contra Costa County), established pursuant to
Health and Safety Code Section 50093(c).
(d) "Assumed household size"means a household of one person in a studio apartment,two
persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person
for each additional bedroom thereafter.
(e) "Developer"means any person as defined in Ordinance Code section 16-4.026, or
combination of persons, that seeks County approvals for all or part of a residential
development.
(f). "Extremely low income household"means a household whose income does not exceed the
extremely low income limits applicable to Contra Costa County, adjusted for household size, as
published and periodically updated by the State Department of Housing and Community .
Development pursuant to Health and Safety Code Section 50106.
(g) "For-sale unit'means a single-family detached dwelling unit or a dwelling unit in a multi-family
residential development that will be offered for sale, not for rent.
(h) "Inclusionary housing agreement'means a legally binding agreement between a developer and
the County setting forth the provisions necessary to ensure that the requirements of this chapter
are satisfied.
ORDINANCE NO. 2006-43
2
(i) "Inclusionary unit"means a rental unit that is required to be rented at an affordable rent or a
for-sale unit that is required to be sold at an affordable sales price to the households specified in
Section 822-4.402.
(j) "Lower income household"means a household whose income does not exceed the lower
income limits applicable to Contra Costa County, adjusted for household size, as published and
periodically updated by the State Department of Housing and Community Development
pursuant to.Health and Safety Code Section 50079.5.
(k) "Market rate unit'means a dwelling unit whose sales price or rent is not restricted under this
chapter.
(1) "Moderate income household"means persons and families whose income does not exceed the
moderate income limits applicable to Contra Costa County, adjusted for household size, as
published and periodically updated by the State Department of Housing and Community
Development pursuant to Health and Safety Code Section 50093. The income limit.for
moderate income households in Contra Costa County is 120 percent of the area median
income.
(m) "Rental unit'means a single-family detached dwelling unit or a dwelling unit in a multi-family
residential development that will be offered for rent,not for sale.
(n) "Residential development'means any development project that includes the construction of one
or more dwelling units, including exclusively residential and mixed-use projects. "Residential
development' also includes any condominium conversion pursuant to Division 926.of this code.
(o) "Very low income household"means a household whose income does not exceed the very low
income limits applicable to Contra Costa County adjusted for household size, as published and
periodically updated by the State Department of Housing and Community Development
pursuant to Health and Safety Code section 50105.. (Ord. 2006-43 § 2.)
822-4.208 Applicability. This chapter applies to all residential developments in the unincorporated
area of the County, except those that are exempt under Section 822-4.408. (Ord. 2006-43 § 2.)
Article 822-4.4
Requirements
822-4.402 Inclusionary Unit Requirement.
(a) In a residential development of five through 125 rental units, at least 15 percent of the rental
ORDINANCE NO. 2006-43
3
units shall be developed and rented as inclusionary units under the terms and conditions of
Section 822-4.410(a). At least 20 percent of the inclusionary units shall be rented at an
affordable rent to very low income households, and the remaining inclusionary units shall be
rented at an affordable rent to lower income households. As an alternative to providing some
or all of the inclusionary,units required by this subsection, an in-lieu fee may be paid pursuant to
Section 822-4.404..
(b) In a residential development of five through 125 for-sale'units, at least 15 percent of the for-sale
units shall be developed and sold as inclusionary units under the terms and conditions of Section
822-4.410(b). At least 20 percent of the inclusionary units shall be sold at an affordable sales
price to lower income households, and the remaining inclusionary units shall be sold at an
affordable sales price to moderate income households. As an alternative to providing some or
all of the inclusionary units required by this subsection, an in-lieu fee may be paid pursuant to
Section 822-4.404.
(c) In a residential development of 126 or more rental units, at least 15 percent of the rental units
shall be developed and rented as inclusionary units under the terms and conditions of Section
822-4.410(a). At least 20 percent of the inclusionary units shall be rented at an affordable rent
to very low income households, and the remaining inclusionary units shall be rented at an
affordable rent to lower income households.
(d) In a residential development of 126 or more for-sale units, at least 15 percent of the for-sale
units shall be developed and sold as inclusionary units under the terms and conditions of Section
822-4.410(b). At least 20 percent of the inclusionary units shall be sold at an affordable sales
price to lower income households, and the remaininginclusionary units shall be sold at an
affordable sales price to moderate income households.
(e) Affordable rents will be determined annually by the County. Affordable sales prices will be
estimated annually by the County. The County will provide a developer with the exact
affordable sales price at least 90 days before the developer markets the unit.
(f) . If the calculation of the required number of inclusionary units results in a fraction of a whole
number, a partial in-lieu fee shall be paid in accordance with Section.822-4.404 for the fraction
of the unit. The amount of the partial in-lieu.fee shall be a percentage of the in-lieu fee for a
single unit, with the percentage equal to the fraction of the whole number.
(g) The calculation of the number of inclusionary units required by this chapter shall be made
without including as part of the calculation any housing units authorized by a density bonus
granted pursuant to this chapter or Chapter 822-2. (Ord. 2006- 43 § 2.)
ORDINANCE NO. 2006-43
4
822-4.404 In-Lieu Fee.
(a) The amount of a fee that is paid in lieu of some or all inclusionary units will be established in the
community development department's fee schedule adopted by the board of supervisors.
(b) Fee amounts in the fee schedule for for-sale units will be calculated to be.equivalent to the
difference between the affordable sales price for a targeted household and the median price, as
determined by the County, of all single-family home sales in the County within the previous 12
months. Fee amounts in the fee schedule for rental units will be calculated to be equivalent to
the difference over a 55-year period between the average rent, as determined by the County;
of a two-bedroom, one-and-a-half-bathroom apartment in the County and the annual
affordable rent for a targeted household. Fee amounts will be calculated annually.
(c) All fee revenues will be deposited in a restricted fund earmarked to provide housing
opportunities for extremely low,very low, lower, and moderate income households..
(d) Funds will be appropriated for expenditures authorized by law that make housing units
affordable to extremely low, very low, lower, and moderate income households and for costs
associated with administering the restricted fund.
(e) In-lieu fees shall be paid before the first building permit is issued for any portion of the
residential development. (Ord. 2006-43 § 2.)
822-4.406 Alternative Methods of Compliance. A developer may submit a proposal for
complying with this chapter by proposing one or more of the following compliance alternatives:
(a) Off-Site Development. Some or all of the required inclusionary units may be constructed off-
site, or an existing off-site development may be acquired and rehabilitated to provide some or
all of the required inclusionary units, if the County determines that the combination of location,
unit size,unit type,pricing, and timing of availability of the proposed off-site inclusionary units
would provide equivalent or greater benefit than would.result from providing those inclusionary
units on-site, or if the County determines that on-site construction of those inclusionary units
would be infeasible_ Any off-site inclusionary units must be constructed or rehabilitated prior to
or concurrently with construction of the on-site residential development. The off-site
development location must be appropriately zoned and all required entitlements issued for the
off--site development alternative before building permits are issued for the on-site residential
development. The off-site development location should be within a reasonable geographic
distance of the on-site residential development, such as within the same school district or
identified community, unless otherwise directed by the board of supervisors.
ORDINANCE NO. 2006-43
5
(b) Land Conveyance. The developer may convey title to land in fee simple absolute to an
affordable housing developer if all of the following requirements have been met:
(1) The affordable housing developer has been approved by the County.
(2) The land is at a location in the County where the County permits residential use at a
density that will result in the same or greater number of inclusionary units than would be
produced by providing the units on site.
(3) The land is suitable for construction of inclusionary units in a manner that complies with
this ordinance._The land must be suitable from the perspective of size, configuration,
physical characteristics, physical and environmental constraints, access, location,
adjacent use, and other relevant planning criteria.
(4) The land is served with the infrastructure necessary for residential development at that
location, including sewer, utilities,water, streets and sidewalks..
(5) The developer must submit a Phase I environmental report before the land can be
considered for conveyance.
(c) The County may accept any combination of on-site construction, off-site construction, in-lieu
fees and land conveyance, or any other feasible alternative, that in the County's determination
would provide equivalent or greater benefit than that which would result from providing on-site
inclusionary units.
(d) Two or more developers of separate residential developments required to comply with this
chapter may propose to meet their combined then-existing obligations under this chapter by
doing any of the following:
(1) Providing the total number of inclusionary units required of all developers at one
residential development.
(2) Crediting inclusionary units in excess of the number required at one residential
development toward the number of inclusionary units required at another residential
development.
(3) Jointly providing a combination of feasible alternatives consistent with subsection(c) of
this section.
Two or more developers may proceed under this subsection (d) only if the County determines
ORDINANCE NO. 2006-43
6
the proposal would result in equivalent or greater benefit than the benefit resulting from
providing on-site inclusionary units at separate residential developments. When two or more
developers propose to proceed under this subsection (d), each developer must submit an
inclusionary housing plan pursuant to section 822-4.414 and enter into or amend an
inclusionary housing agreement pursuant to section 822-4.416. (Ord. 2006-43 § 2.)
822-4.408 Exemptions.
(a) The following residential developments are exempt from the requirements of this chapter:
(1) Residential developments of one through four dwelling units.
(2) The reconstruction of any dwelling units that were destroyed by a fire, flood,
earthquake, or other act of nature,provided the square footage, number of units, and
use of the units remain the same and the use is resumed within'six months of the
interruption.
(3) Residential developments that obtain one of the following before the effective date of
this ordinance:
(A) A discretionary approval.
(B) A building permit.
(4) Residential developments that are exempt from the requirements of this chapter
pursuant to state law, including but not limited to the following:
(A) Residential developments that obtain a vesting tentative map before the effective
date of this ordinance,provided the vesting tentative map has not expired
(B) Residential developments where the application for a tentative map has been
deemed complete by the County before the effective date of this ordinance.
(b) A residential development that is located in or proposed for a County redevelopment area is
exempt from the provisions of this chapter,provided the development is subject to a
Redevelopment Agency disposition and development agreement, owner participation
agreement, acquisition agreement or other written agreement that requires affordable housing to
be produced in the development, or is subject to a condition of approval requiring the provision
of affordable housing in the County redevelopment area. (Ord. 2006-43 § 2.)
ORDINANCE NO. 2006-43
7
822-4.410 Restrictions.
(a) Rental Inclusionary Unit Restriction. The monthly rent for a rental inclusionary.unit shall remain
reserved for the target income level group at the applicable affordable rent for a period of 55
years.
(b) For-Sale Inclusionary Unit Restrictions.
(1) The initial sale of a for-sale inclusionary unit shall occur only to a household that meets
the following criteria:
(A) The household has not owned a residence within the previous three years; and
(B) The household has no more than $250,000 in assets. This amount excludes
assets reserved for a down payment and closing costs, assets in retirement
savings accounts, and assets in medical savings accounts.
(2) The initial purchaser of a for-sale inclusionary unit must agree to occupy the dwelling
unit as the.principal residence for at least three years,unless an emergency requires the
earlier sale of the unit.
(3) A for-sale inclusionary unit may be sold after the initial sale to an above-moderate
income purchaser and at a market price,provided that the sale results in.a recapture by
the County of a financial interest in the unit equal to the sum of:
(A) The difference between the initial affordable sales price and the appraised
market value of the unit at the time of the initial sale; and
(B) The County's proportionate share of any appreciation since the time of the
initial sale. Appreciation is the difference between the resale price to the
above-moderate income purchaser and the appraised market value at the time
of the initial sale. The County's proportionate share of appreciation is equal to
the percentage by which the initial affordable sales price was less than the
appraised market value at the time of the initial sale.
The recaptured amount will be deposited in a restricted fund established pursuant to
Section 822-4.404. (Ord. 2006-43 § 2.)
ORDINANCE NO. 2006-43
8
822-4.412 Standards.
(a) Inclusionary units must be dispersed throughout the residential development and have access to
all on-site amenities that are available to market rate units.
(b) The construction quality and exterior design of inclusionary units must be comparable to.the
market rate units. However, inclusionary units may be smaller in size, developed on smaller
lots, and have alternative interior finishes.
(c) The average number of bedrooms for all inclusionary units must be equivalent to.the average
number of bedrooms for market rate units within the same residential development.
(d) All inclusionary units must be constructed and occupied prior to or concurrently with the market
rate units within the same residential development. For phased residential developments, the
inclusionary units may be constructed and occupied in proportion to the number of dwelling
units in each phase of the project. (Ord. 2006-43 § 2.)
822-4.414 Review.
(a) Concurrently with a developer's first application for a discretionary approval for a residential
development,the developer shall submit to,the community development director an inclusionary
housing plan for review.
(b) An inclusionary housing plan shall include the following information:
(1) A brief description of the residential development, including the number of market rate
units and inclusionary units proposed, and the basis for the calculation of the number of
units.
(2) The unit mix, location, structure type, and size (including number of bedrooms) of the
market rate and inclusionary units. A site plan depicting the location of the inclusionary
units shall be provided.
(3) The household income levels of the inclusionary units.
(4) For a phased project, a phasing plan that provides for the timely development of the
inclusionary units as the residential development is built out.
(5) A description of any incentives requested of the County.
ORDINANCE NO. 2006-43
9
(6) If the developer intends to satisfy the inclusionary unit requirement by payment of an in-
lieu fee, a statement to that effect, and a calculation of the total in-lieu fee payment
required.
(7) If an alternative compliance method is proposed, information sufficient to allow the
County to determine either that on-site construction of inclusionary units is infeasible or
that an alternative method of compliance could provide equivalent or greater benefit .
than would result from providing those inclusionary units on site.
(c) The community development director will preliminarily approve or reject the inclusionary
housing plan within 45 days of receiving the proposed inclusionary housing plan.
(d) An application for a discretionary approval of the residential development must include an
inclusionary housing plan. An application for a discretionary approval of the residential
development will not be deemed complete for processing until after the inclusionary housing
plan has been preliminarily approved. Preliminary approval of the inclusionary housing plan is
required prior to any discretionary approval of the residential development. (Ord. 2006-43 §
2.)
822-4.416 Inclusionary Housing Agreements.
(a) All developers whose projects are not exempt under Section 822-4.408 shall enter into an
inclusionary housing agreement with the County, except where the requirements of this chapter
are satisfied by payment of an in-lieu fee. The agreement shall be in a form provided by the
community development director.
(b) All inclusionary housing agreements will include, at a minimum, the following information:
(1) The number of for-sale units and rental units.
(2) The number, size, location, and square footage of inclusionary units.
(3) The market value and sales price or rental price of the inclusionary units.
(4) Incentives, if any.
(5) Provisions and documents for enforcing the restrictions established by Section 822-
4.410, including deed restrictions in a form acceptable to the County.
ORDINANCE NO. 2006-43
10
(6) Provisions for determining income eligibility and monitoring the ongoing affordability of
inclusionary units.
(7) Provisions for enforcing the construction and occupancy standards specified in
subsection(d) of section 822-4.412. These provisions may include withholding
approval of permits for any structure or property located within the residential
development.
(8) If an alternative compliance method has been proposed,provisions for implementation
and enforcement of that method, consistent with-section 822-4.406.
(c) The inclusionary housing agreement must be executed before the approval of the final map or
the issuance of the first building permit for any portion of the residential development, whichever
occurs first. Following execution,the agreement will be recorded as a covenant running with
the land against the real property of the residential development. (Ord. 2006-43 § 2.)
822-4.418 Incentives.
(a) A developer may request a density bonus of 15 percent for any project that complies with the
requirements of this chapter. .A developer may,request a density bonus under Chapter 822-2,
and incentives or concessions under Chapter 822-2, for a project that includes moderate
income, lower income, very low income, or senior housing units at levels beyond those required
by this chapter.
(b) The County may grant one or more of the following affordable housing development.incentives
in order to mitigate the financial impact of this chapter's requirements on a particular residential
development:
(1) Fee deferrals or waivers.
(2). Provision of housing set-aside funds, tax exempt financing, or other financial assistance.
(3) Modification of zoning or development standards. (Ord. 2006-43 § 2.)
822-4.420 Compliance Monitoring Fee.
(a) The County may establish a compliance monitoring fee to recover the County's reasonable
costs incurred for ongoing implementation of this chapter. The fee will be an amount
established by the board of supervisors in the community development department's fee
ORDINANCE NO. 2006-43
11
schedule.
(b) For for-sale inclusionary units,the fee shall be payable by the developer at the time of the first
sale.. For rental inclusionary units,the property owner shall pay an annual fee each year during
the term of the applicable inclusionary housing agreement. (Ord. 2006-43 § 2.)
822-4.422 Taking Determination. The County may adjust or waive the requirements of this chapter
if the applicant for approval of a residential development demonstrates the absence of any reasonable
relationship.or nexus between the impact of the development and either the amount of the fee charged
or the inclusionary requirement, thereby effecting a taking of private property without just compensation
or otherwise constituting a violation of the United States Constitution, California Constitution, or other
applicable Federal or State laws. Any person requesting a waiver or adjustment must submit a written
request not later than 15 days before the first public hearing on any discretionary approval for the
residential development, accompanied by economic information and other evidence necessary for the
County to make a determination regarding the request. If no discretionary approval is required or the
action complained of occurs after the first public hearing on such approval,then the request shall be
filed within 10 days after the challenged action. Authority to act on a request for a waiver or
adjustment rests with the board of supervisors. (Ord. 2006-43 § 2.)
SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and
within 15 days after passage shall be published once with the names of supervisors voting for or against
it in the Contra Costa Times, a newspaper published in this County.
PASSED on Z14 4t_eL by the following vote:
AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia
1 NOES: None
ABSENT: None
ABSTAIN: None -- - ®r"i
ATTEST: JOHN CULLEN,
Clerk of the Board of Supervisors o d Chair
and County Administrator
By: - [SEAL]
uty
TLG:
HA2006\Community DevelopmentUnclusionary Housing\ord-final5mpd
ORDINANCE NO. 200643
12
COUNTI'PLANTNING COMMISSION
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
RESOLUTION NO 9-2006
RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING
RECOMMENDATION ON THE PROPOSED INCLUSIONARY HOUSING
ORD1N`ANCE, CONTRA COSTA COUNTY ORDINANCE CODE. CHAPTER 8224,
CountyFile#ZT 06-0002
WHEREAS, the Housing Element of the.Contra Costa County General Plan sets forth goals and
policies to provide adequate housing for all income segments; and
WHEREAS, Goal 3 of the Housing Element is to increase the supply of housing with a priority
on the development of affordable housing; and
WHEREAS, the Inclusionary Housing Ordinance will require the indlusion of affordable housing
in all developments of five or more units: and
WHEREAS, the Inclusionary Housing Ordinance will apply to residential development in the
unincorporated area of Contra Costa County; and
WHEREAS, the County hosted four stakeholder meetings;which were open to the public. to get
comments from interested parties; and
WHEREAS, after notice was lawfully given, a public hearing was scheduled before the Counry
Planning Commission on Tuesday.April 25, 2006, where all persons interested might appear and
I e heard:
t>rHEPtiE.a.S. on Tuesda r.April 25. 2006. the Counn,Planning Commission full-%.reviewer.
considered, and evaluated all the materials provided by staff; and
WHEREAS, the public hearing was continued to Jun-.27, 2006, and
WHEREAS. the June 27. 2006 meeting was cancelled and the public hearing was continued to
July 11, 2006, and
NOW,. THEREFORE, BE IT RESOLVED that the County Planr.-ig Commission recommends to
the Board of Suuervisors of tne.Count`' of Contra Cosh. Stag oi that frit Board o.,-
Supervisors ADOPT the Negative Declaration prepared for the Inclusionary Housing Ordinance
in compliance with tilt California Environmental Quality-Act.
BE IT FURTHER RESOLVED that the Counnl Planning Commission recommends to the Board
of Supervisors of the Countv of Contra Costa. State of California. that the Board of Supervisors
ADOPT the proposed Inclusionary Housing Ordinance; Contra Costa Ordinance Code, Chapter
222-4 witn tiuee revisions.
BE IT FURTHER RESOLVED that the County Planning Commission's first revision is require
that fifteen percent of the units in a residential development of five or more units be affordable to
very-low, lower, or moderate income households.
BE IT FURTHER RESOLVED that the County Planning Commission's second revision is to
allow a fee to be paid in lieu of developing the affordable units on any project subject to the
ordinance.
BE IT FURTHER RESOLVED that the County Planning Commission's third revision is to base
the fee on the difference between the cost to develop a typical project in the County and the
amount a household ma specified income group can afford based on reasonable housing
payments.
BE IT FURTHER RESOLVED that the direction to prepare this resolution was given by the
County Planning Commission at its meeting of Jul), 11, 2006 by the following vote:
AYES: Commissioners—Battaglia, Snvder; Terrill;Wong
NOES: Commissioners—Clark,Murray
ABSENT: Commissioners—Gaddis
ABSTAD\': Commissioners—none
BE IT FURTHER RESOLVED that the Secretary of the County Planning Commission shall
respectively sign and attest the certified copy of this resolution and deliver same to the Board of
Supervisors all in accordance with the Planning Laws of the State of California.
Don Snyder, Chair
County Planning Commission
Country of Contra Costa
State of California
1, Dennis M.Bang, Secretary of the County Planning Commission certify that the forgoing was
duly called and approved on July 11. 2006.
Dennis M. Barry, AICP
Secretary of the. Count,Planning Commission
County of Contra Costa
State of California
CALIFORNIA ENVIRONMENTAL QUALITY ACT
NOTICE OF DETERMINATION
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 PINE STREET 4" FLOOR NORTH WING MARTINEZ, CALIFORNIA 94553-0095
Telephone: (925) 335-7230 Contact Person: Maureen Toms
Project Description, Common Name (if any) and Location: INCLUSIONARY HOUSING ORDINANCE
(Z1060002): The proposed project involves the adoption of a Inclusionary Housing Ordinance for the
unincorporated areas of Contra Costa County. The proposed Inclusionary Housing Ordinance implements
Goal 3 of the County's Housing Element to facilitate the development of affordable housing development.
The project was approved on September 26, 2006.
Pursuant to the provisions of the California Environmental Quality Act:
An Environmental Impact Report was prepared and certified (SCH # ).
The project was encompassed by an Environmental Impact Report previously prepared for
(SCH # ).
A Negative Declaration was issued indicating that preparation of an Environmental Impact
Report was not required.
Copies of the record of project approval and the Negative Declaration or the final EIR may be examined at the
office of the Contra Costa County Community Development Department.
L� The project will not have a significant environmental effect.
C� The project will have a significant environmental effect.
Mitigation measures were made a condition of approval of the project.
A statement of overriding considerations was adopted.
Findings were adopted pursuant to Section 1501,11 of the State CEQA Guidelines.
Date:
By:
Community Development Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by
California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date.
Sig nature Title
Department of Fish and Game Fees Due:
Applicant's Contra Costa County
Name: Community Development EIR-$850 Total Due: S
Address: 2530 Arnold Drive,Suite 190 Neg.Dec. - $1,250 Total Paid: S
Martinez,Ca 94553 DeMinimis Findings -$0
County Clerk- $25 Receipt€