Orinda City Council
October 3, 2023

H.3.d
Packet Pg. 137 Attachment: Attachment D - Moraga Inclusionary Zoning In-Lieu Fee (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 273 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) Appendix Table 2
For-Sale Units - Calculation of Gross In-Lieu Fee Before Phase In In Lieu Fee Analysis
Town of Moraga, CA
Average Sales Price, Newer Units in Moraga $1,798,000
Average no. of Bedrooms, Newer Units in Moraga 3.96
Average net square footage, Newer Units in Moraga 3,040 sq ft Source: CoreLogic
B. Moderate Income Affordable Sales Price
3 Bedroom
Aff Price
4 Bedroom
Aff Price
Weighted
Average (1)
Appendix Table 4 Appendix Table 4
Affordable Price - Moderate Income $571,300 $613,400 $612,000 (1) Weighted to reflect the average of 3.96 bedrooms in the market rate unit sales data summarized in A.

Market Price $1,798,000
Less: Affordable Price ($612,000)
Affordability Gap $1,186,000
Affordability Gap
Inclusionary
Percentage
Average Unit
Square Feet
Gross InLieu Fee
Before
Phase-In
$1,186,000 x 10% ÷ 3,040 sq ft = $39.00 /SF
A. Average Price of Newer Units in Moraga Built Since 2010, Sold Last 4 Years (1/2019 - 11/2022) C. Affordability Gap
D. Calculation of For-Sale Gross In-Lieu Fee Before Phase-In Gross For-Sale In-Lieu Fee Before
Phase-In
_________________________________________________
Prepared by: Keyser Marston Associates, Inc.

Filename: \\SF-FS2\wp\16\16034\002\In-Lieu Fee Analysis Town of Moraga 12-21-22.xlsx; FS fee

H.3.d
Packet Pg. 138 Attachment: Attachment D - Moraga Inclusionary Zoning In-Lieu Fee (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 274 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) Appendix Table 3
Rental Units - Calculation of Gross In-Lieu Fee Before Phase In In Lieu Fee Analysis
Town of Moraga, CA
Avg
Number of
BRs
Avg Unit
SF
Avg Effective
Rent Per
Month
Averages for Rental Unit in Moraga (Primarily older stock built in 1960s and 70s) 1.83 1,028 $2,110 Estimated Rent Premium for New Construction w/ Modern Finishes and Amenities (1) 50% Estimated Market Rent for New Rental Units in Moraga 1.83 1,028 $3,165 Source: CoStar
B. Affordable Monthly Rent
1 BR/ 2-p HH
2 BR/ 3-p
HH
Weighted
Average (1)
Contra Costa County Low Income Limit, 2022 $87,700 $98,650 Affordable Hsg Cost/Mo at 30% of Income Limit $2,193 $2,466 $2,420 Less: Utilities (2) ($95) ($125) ($120)
Affordable Rent $2,098 $2,341 $2,300
(1) Weighted to reflect the average of 1.83 bedrooms in the market rate rental units. (2) Assumes gas heat, hot water and cooking, air conditioning, electricity and water.

Market Rent
Affordable
Rent
Rent
Difference
Per Month
Rent
Difference
Per Year
Net Difference: Market and Affordable Rents $3,165 $2,300 $865 $10,382 Rent
Difference
Per Year

Capitalizatio
n Rate (1)
Capitalized
Value of Rent
Difference
Affordability Gap $10,382 ÷ 4.00% = $260,000
(1) Costar Walnut Creek area submarket cap rate for 2022YTD.

Affordability
Gap
Inclusionary
Percentage
Average
Unit Square
Feet
Gross In-Lieu
Fee Before
Phase-In
$260,000 x 10% ÷ 1,028 sq ft = $25.00 /SF
A. Estimated Market Rate Rents for New Units in Moraga
(1) To calculate the affordability gap associated with inclusion of affordable units in a newly built rental project, it is necessary to use rents reflective of new construction. CoStar data indicate nearly all Moraga apartment units were built in the 1960s and 1970s. Therefore, KMA estimated rents for new units based on a percentage rent premium for new units over older units. The estimated 50% premium is based on comparing rents for new apartments with those built in the 1960s and 1970s in Walnut Creek, where such data was available.

C. Net Difference: Market vs. Affordable Rents
D. Affordability Gap (Capitalized value of rent difference) Gross Rental In-Lieu Fee Before
Phase-In
E. Calculation of Gross Rental In-Lieu Fee Before Phase-In _________________________________________________
Prepared by: Keyser Marston Associates, Inc.

Filename: \\SF-FS2\wp\16\16034\002\In-Lieu Fee Analysis Town of Moraga 12-21-22.xlsx; R fee

H.3.d
Packet Pg. 139 Attachment: Attachment D - Moraga Inclusionary Zoning In-Lieu Fee (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 275 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) Appendix Table 4
Affordable Sales Price Calculations
In Lieu Fee Analysis
Town of Moraga, CA
Unit Size (Bedroom) 3-Bedroom 4-Bedroom
Household Size 4-person HH 5-person HH
Contra Costa County 2022 Median Income $142,800 $154,200 Moderate Income Limit $171,350 $185,050
% for Housing Costs 35% 35%
Available for Housing Costs $59,973 $64,768
(Less) Property Taxes ($7,138) ($7,675)
(Less) Hazard Insurance ($634) ($680)
(Less) HOA ($3,900) ($4,200)
(Less) Utilities ($2,796) ($3,348)
(Less) Mortgage Insurance ($4,340) ($4,666)
Income Available for Mortgage $41,166 $44,198
Supported Mortgage $542,700 $582,700
Down Payment @5% $28,600 $30,700
Home Price @120% AMI $571,300 $613,400
Monthly Expense Assumptions
- HOA $325 $350
- Utilities (1) $233 $279
Common Assumptions
- Mortgage Interest Rate 6.50% Freddie Mac 30-year fixed rate, average rate, 12/1/2022. - Down Payment 5.00% KMA assumption.
- Property Taxes (% of sales price) 1.25% Estimated based on sampling of property tax bills. - Hazard Insurance (% of sales price) 0.11% Estimate based on sampling of estimates for Moraga homes. - Mortgage Insurance (2) 0.80% loans up to $625,500

1.00% loans over $625,500
(1) Utility allowances per Contra Costa County Housing Authority (2022). (2) Based on FHA mortgage insurance premium schedule.

Single Family Units
_________________________________________________________ Prepared by: Keyser Marston Associates
Filename: \\SF-FS2\wp\16\16034\002\In-Lieu Fee Analysis Town of Moraga 12-21-22.xlsx; Affordable prices

H.3.d
Packet Pg. 140 Attachment: Attachment D - Moraga Inclusionary Zoning In-Lieu Fee (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 276 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) B-18 Adopted Housing Element | January 2023

5.5 INCLUSIONARY HOUSING
Inclusionary zoning programs – of which the City’s local Below Market Rate or BMR program is one variant – are sometimes perceived as adding to the cost of housing by requiring the market-rate units to subsidize the affordable units. This is an area of much dispute, both in the Bay Area and nationally. There are as many positive aspects of inclusionary programs than there are negative aspects.

For example, a study conducted by the National Housing Conference’s (NHC) Center for Housing Policy (2000) highlighted several important contributions to inclusionary zoning to communities, not the least of which is the creation of income-integrated communities without sprawl.5 Over the last ten years, sSeveral studies have been published that specifically address the issue of who pays for inclusionary zoning. Some of these studies assert that the costs associated with inclusionary programs are passed on to the market priced homes, while other studies assert that in fact the cost is not borne by the end users at all. For example, the “Reason Foundation” study entitles “Housing Supply and Affordability: Do Affordable Housing Mandates Work?” (April 2004) argues that housing consumers and some landowners pay for inclusionary requirements, not developers. The author asserts that market-rate buyer (and some extent, renters) will be forced to pay higher amounts than they otherwise would for their units because of inclusionary zoning’s implicit tax on other units.

In an article published in the Hastings School of Law Review in 2002 which provided one of the first comprehensive reviews of inclusionary zoning and its cost implications for jurisdictions in California, Barbara Kautz, former Director of Community Development for the City of Dan Mateo and now a lawyer with Goldfarb and Lipman, noted that:

Most cities that have conducted economic analyses have concluded that, in the long run, most of the costs are borne by landowners [rather than market rate renters or buyers.] Initially, before land prices have had time to adjust, either the market-rate buyers or the developer pays, 5 Inclusionary Zoning: A Viable Solution to the Affordable Housing Crisis?” (Washington, DC: The Center for Housing Policy, National Housing Conference, October 2000).

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Packet Pg. 141 Attachment: Attachment E -Lafayette Inclusionary Program Summary - Excerpt from Housing Element Contraints Analysis (3098 : Inclusionary H.3.a
Packet Pg. 277 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) B-19 Adopted Housing Element | January 2023
depending on whether the market allows the developer to increase his prices. If the developer cannot raise the market price for the non-inclusionary units or lower his total costs, or some combination, his profits will decline…. To put this another way, builders will pay less for land because inclusionary zoning lowers their profits.6
Kautz asserts that developers will sell at the highest level they are able to sell at, meaning they will set prices according to what the market will bear. If a unit’s market value is $900,000, it will be sold for $900,000. Developers would not “add” more to the price to pay for the affordable units that are required; if they could sell it at $1,000,000, for example, they would have sold it for that price in the first place. Furthermore, if the market value of a unit is $900,000, a buyer would not pay $1,000,000. And, if all a buyer can afford is $900,000, then the buyer will not spend $1,00,000. Ultimately, the price for a unit is dependent on what the market will bear; it is not directly affected by the affordability requirement.

The requirement to add inclusionary units results in substantial costs to a project compared to being allowed to build all market rate units. These costs cannot be passed on to other purchasers because buyers will not pay more because the development costs more; buyers pay what the market will bear relative to the desirability of the unit, the location, and the community. Nor will the developer build for a lesser profit (unless the developer is unlucky enough to have purchased land and planned a project under one set of conditions and must sell units under a different set of conditions as a result of an unanticipated City policy.) The land price is the variable that adjusts, over time, to absorb the increased costs of development within the community.

If the cost of inclusionary zoning is not borne by the buyers or renters, but rather the developers (in terms of less profit) or the original landowners (also in terms of less profit), the question then becomes whether or not inclusionary zoning unfairly reduces the profit one can realize through the development of property. As the courts have repeatedly shown, zoning laws do not constitute a “taking” unless an owner is deprived of most, if not all, of the economic benefit of a property. Land is a limited community resource, and as such courts have given jurisdictions broad discretion in implementing a variety of land use mechanisms that tend to restrict both the value and the particular use of property in order to achieve objectives that meet the greatest public good.

In most instances – certainly within the State of California – local jurisdictions with inclusionary programs have analyzed them as potential constraints to development. This has been the directive of State HCD: while it pronounces “Housing Element law neutral relative to enactment of mandatory local inclusionary provisions,” the State also notes that there may be tradeoffs that must be discussed in the Housing Element’s constraints section. However, jurisdictions almost always have implemented a number of incentives and cost benefits to mitigate these impacts, so that whatever constraint has been identified there is an offset offered to mitigate it.

The City implemented its inclusionary zoning program in the Downtown only in 2016 (subsequent amendments have taken place in 2017 and 2018). The purpose of the program is to facilitate the development and availability of housing affordable to a broad range of households of various income levels and sizes in Lafayette, specifically to assist in the dispersal of affordable housing units throughout the downtown.
6Barbara Ehrlich Kautz, “In Defense of Inclusionary Zoning: Successfully Creating Affordable Housing,” University of San Francisco Law Review – Vol. 36, No 4 (Summer 2002).

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Packet Pg. 142 Attachment: Attachment E -Lafayette Inclusionary Program Summary - Excerpt from Housing Element Contraints Analysis (3098 : Inclusionary H.3.a
Packet Pg. 278 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) B-20 Adopted Housing Element | January 2023
Basic Requirements
The ordinance applies to developments of two or more units and essentially re-implements the inclusionary requirements of the former redevelopment agency, which was dissolved by the governor in 2012. For single family for-sale projects, 15 percent of the units must be inclusionary units sold or rented at an affordable price to moderate-income households. For projects creating multiple for-sale family dwellings, 15 percent of the total units must be inclusionary units, with nine percent sold at an affordable sales price to low or moderate-income households and six percent sold to an affordable sales price of very low-income households.

For projects in the downtown that are multi-family rental dwellings, 15 percent of the total units must be inclusionary units, with nine percent rented at an affordable price to low-income households and six percent rented at an affordable price to very low-income households.

Alternatives to development
In-Lieu Fees: A project with two to six for-sale units may elect to pay the applicable in-lieu fees and is not required to build inclusionary units. Further, a project with seven to 20 for-sale units may elect to make all of the inclusionary units affordable at moderate-income. Similarly, a project with seven to 20 rental units may elect to make all of the inclusionary units affordable at low-income.

Off-Site Development: In addition, instead of providing inclusionary units on-site to satisfy inclusionary requirements, a developer may propose providing all or a portion of the inclusionary units off-site, including for-sale housing or rental housing. In order to approve such a proposal, the city council must find that on-site production of such units is infeasible or that greater public benefit will result from the units being off-site. The city council may require the provision of a minimum of one and may require up to two off-site units for every unit not provided on-site.

Regardless of the number of off-site for-sale units that are required, 40 percent of the off-site units must be affordable to very low-income households and 60 percent must be affordable to low- or moderate-income households.

In addition, regardless of the number of off-site rental units that are required, 40 percent of the off-site units shall be affordable to very low-income households and 60 percent shall be affordable to low-income households.

Affordability Restrictions
Basic Restrictions: For-sale inclusionary units are restricted to the applicable income level for a period not less than 45 years, while rental inclusionary units are restricted to the applicable income level for a period not less than 55 years, including inclusionary units proposed as off-site rental units.

Special Options for Ownership Developments: An applicant for a residential ownership project may elect to provide all or a portion of the inclusionary units required for the residential project at affordable rent to lower income households rather than provide for-sale units. Fifteen percent of the total units must be affordable to lower incomes, with nine percent rented at an affordable rent to low income households and six percent rented at an affordable rent to very low income households. If the applicant proposes to provide rental units off-site, 40 percent of the off-site rental units must be affordable to very low-income households and 60 percent must be affordable to low-income households.

Sales of Affordable Rental Units. If the owner of the ownership project later determines to offer the affordable rental units in the project for sale at an affordable sales price, any subsequent H.3.e
Packet Pg. 143 Attachment: Attachment E -Lafayette Inclusionary Program Summary - Excerpt from Housing Element Contraints Analysis (3098 : Inclusionary H.3.a
Packet Pg. 279 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) B-21 Adopted Housing Element | January 2023
regulatory agreement shall include provisions for sale of the affordable units, as well as relocation benefits for tenants of the affordable rental units.

Development Allowances, Reductions, Adjustments and Waivers In approving an inclusionary housing agreement, the city may, at its sole discretion, include one or more of the following allowances:
• Unit Size Reduction. The size of the required inclusionary units may be smaller than the market rate units.
• Interior Finishes. Inclusionary units may have different interior finishes than market rate units so long as the interior features are durable, of good quality and consistent with current state building code standards for new housing.
• Accessory Dwelling Units. Projects consisting of single-family detached units may meet the inclusionary unit requirements by providing an accessory dwelling unit in accordance with the provisions of the city's accessory dwelling unit regulations on a one-for-one basis. Further:
• A developer of a project may petition the city council for a reduction, adjustment, or waiver of requirements based upon substantial evidence showing the absence of any reasonable relationship or nexus between the impact of the development and the inclusionary requirements. • A project that has received approval for a tentative subdivision or parcel map, use permit or other discretionary approval and submits a new or revised application for the same property may petition for a reduction, adjustment or waiver of the requirements with respect to the number of lots or square footage of construction previously.

Because developers can receive density bonuses when they provide affordable housing, the cost to develop the below market rate units is offset by the additional density – along with concessions and waivers – received. Table 4 above documents the achieved density of all recent multifamily projects developed since 2017. In addition to illustrating that average densities are being achieved well above zoned density, this table also notes that projects have proposed larger percentages of affordable units than required by the City’s inclusionary requirements, in part because of the additional densities achieved through a density bonus.

Although the ordinance calls for the setting of in-lieu fees, the City has not established in-lieu fees at this time. As a result, the Implementation Plan includes a program (6.1.c) to assessw the feasibility of a fee. The Implementation Plan also includes AFFH Action 2.2, which is an evaluation and adjustment the city's inclusionary and density bonus programs to allow a smaller unit contribution (<15%), larger density bonuses, and/or increased city support in exchange for affordable units that address the needs of under-represented residents with disproportionate housing needs (e.g., childfriendly developments with day care on site for single parents, and 3-4 bedroom units for larger families).

Based on the research and many years of implementation, the City’s inclusionary program is not a constraint to development. As noted above, Ddevelopers have a variety of options for complying with the provisions and will use the density bonus – which requires a certain level of affordability anyway – to obtain additional concessions and waivers. bonus to offset costs associated with providing affordable units.

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Packet Pg. 144 Attachment: Attachment E -Lafayette Inclusionary Program Summary - Excerpt from Housing Element Contraints Analysis (3098 : Inclusionary H.3.a
Packet Pg. 280 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (a)
(b)
(c)
Part 7. - Special Housing Regulations
Chapter 6-34 - REASONABLE ACCOMMODATION
Sections:
6-3401 - Purpose.

The city of Lafayette's policy is to comply with the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the California Fair Employment and Housing Act by providing reasonable accommodation in the application of its land use and zoning regulations and reasonable modification in a policy, practice, or procedure for housing designed for occupancy by qualified persons with disabilities seeking fair access to housing. The city also recognizes the importance of sustaining and enhancing residential neighborhoods.

This chapter is intended solely for residential use. In determining whether a requested modification is reasonable, the city will consider, among other relevant factors, the extent to which the modification might be in conflict with the legitimate purposes of its existing zoning regulations, including where relevant, those regulations aimed at sustaining residential neighborhoods and preserving a suitable environment for family life. The purpose of this chapter is to provide a process for making and acting upon requests for reasonable accommodation.
(Ord. 556 § 2 (Exh. A) (part), 2006)
6-3402 - Definitions.
"Housing designed for occupancy by, or with supportive services for persons with disabilities" includes a wide range of housing types, including, but not limited to, housing that is physically accessible to people with mobility impairments, residential care facilities for individuals with disabilities or for the elderly, group homes, housing for individuals with Alzheimer's disease, housing for persons with HIV/AIDS, housing with support services and transitional housing that serve homeless with disabilities.
"Person with disabilities" means an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual. "Reasonable accommodation and modification" means the act of making facilities used by residents readily accessible to and usable by individuals with disabilities, through the removal of constraints within the land use, zoning, permit and processing procedures. (Ord. 556 § 2 (Exh. A) (part), 2006)
6-3403 - Application required.

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Packet Pg. 145 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 281 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (a)
(b)
(c)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(a)
Any person who requests reasonable modification, based on the disability of residents, in the application of a land use or zoning law which may be acting as a barrier to fair housing opportunities, may do so on a form prescribed for that purpose by the city.

If the project for which the request is being made also requires some other planning permit or approval, then the applicant shall file the request together with the application for such permit or approval.

If the zoning administrator finds that the proposed development is minimal in nature and complies with the purpose and intent of this chapter and/or other related chapters of this title, the zoning administrator may waive the requirement for related discretionary permits, including, but not limited to, a hillside development permit.
(Ord. 556 § 2 (Exh. A) (part), 2006)
6-3404 - Submittal requirements.

The applicant shall provide the following information:

Applicant's name, address, and telephone numbers;
Project property address;
The current use of the property;
The zoning code provision, regulation, or policy from which the modification is being requested;
The basis for the claim that the person(s) and the housing for which modification is sought qualify under Sections 6-3402(a) and (b) of this chapter, and why the modification is reasonably necessary;
Other relevant information as requested by the zoning administrator or his or her designee; and
Upon request and when necessary to establish a substantial impairment or the need for a modification, a medical certification may be required (this will not be required where the impairment and need for modification are readily apparent). (Ord. 556 § 2 (Exh. A) (part), 2006)
6-3405 - Procedures for reasonable accommodation and modification.

The procedure for reasonable modification is as follows:

Application. An application shall be filed with the zoning administrator on a form approved by the city. The application shall include all submittal requirements as described in Section 6- 3404 of this chapter. If assistance is needed to complete the application, or an alternative H.3.f
Packet Pg. 146 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 282 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (b)
(1)
(2)
(3)
(4)
(5)
(c)
(d)
(a)
format for the application is necessary, the zoning administrator should be contacted for assistance.

Public Notice. Within ten days of deeming an application complete, a notice of pending application shall be sent to all property owners within 300 feet of the subject property. If the zoning administrator finds that the request for reasonable modification is de minimus in nature and complies with the purpose and intent of this chapter, the zoning administrator may waive the requirement for public notification. If a notice is appropriate, it shall include the following information:

Description of reasonable modification request;
Statement about the scope of application review permitted by this chapter; Date by which public comments regarding the application shall be submitted for consideration;
Date that the zoning administrator shall make a determination on the application; and Appeal rights as described in Section 6-3406 of this chapter.

Determination. Within 30 days of deeming an application complete, the zoning administrator shall approve, conditionally approve, or deny the application.

Expiration of Permit. The permit is valid for 12 months from the date of issuance unless a longer period is stated in the permit. If the applicant does not begin the work authorized by the permit by the expiration date, the permit shall expire. The applicant may request one 12- month extension from the zoning administrator.
(Ord. 556 § 2 (Exh. A) (part), 2006)
6-3406 - Appeals.

A person desiring to appeal the determination of the zoning administrator regarding the approval, conditional approval, or denial of a request for reasonable modification shall file a notice of appeal with the city clerk within 14 days after the date of determination. The city council will consider the appeal within 30 days after the notice is filed. The city council shall limit its consideration of the appeal to whether the reasonable modification meets the findings in Section 6-3407 of this chapter. There shall be no appeal fee for appealing a denial of a request for reasonable modification. (Ord. 556 § 2 (Exh. A) (part), 2006)
6-3407 - Specific findings required.

In making a determination regarding the reasonableness of a requested modification, the following factors shall be considered:

Special needs created by the disability;
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Packet Pg. 147 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 283 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(a)
(b)
Potential benefit that can be accomplished by the requested modification; Potential impact on surrounding uses;
Physical attributes of and any proposed changes to the subject property and structures; Alternatives which may provide an equivalent level of benefit; Whether the requested modification would impose an undue financial or administrative burden on the city;
Whether the requested modification would require a fundamental alteration in the nature or effect of the city's land use and zoning ordinances, programs or policies; Whether the modification would create a "direct threat," which is a significant risk to the health or safety of others, that cannot be eliminated or reduced to an acceptable level by further modification of the city's policies, practices, or procedures; and Whether the requested modification is consistent with the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the California Fair Employment and Housing Act. (Ord. 556 § 2 (Exh. A) (part), 2006)
6-3408 - Fees.

There is no application fee associated with requests for reasonable modification.

No application fee shall apply to the request for reasonable modification unless the request is made concurrently with an application for some other discretionary approval, in which case, the applicant shall pay only the required application fee for the discretionary approval. (Ord. 556 § 2 (Exh. A) (part), 2006)
6-3409 - Conditions of approval.

In granting a request for reasonable modification, the reviewing authority may impose any conditions deemed reasonable and necessary to ensure that the reasonable modification would comply with the findings required by Section 6-3407 of this chapter. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable modification be removed once those structures or physical design features are no longer necessary for housing designed for a person with a disability. Any approval or conditional approval of an application may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.
(Ord. 556 § 2 (Exh. A) (part), 2006)
Chapter 6-35 - EMERGENCY SHELTERS
Sections:

H.3.f
Packet Pg. 148 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 284 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (a)
(b)
6-3501 - Purpose.

The purpose of this Chapter is to provide temporary shelter for homeless persons or others in need in a manner that protects the health, safety, and general welfare of nearby residents and businesses, consistent with California Government Code § 65583, which requires all California cities to identify in their General Plan Housing Element at least one zone where emergency shelters are permitted by right without requiring discretionary permits or action, provided they comply with objective operating standards established by the City.
(Ord. No. 610, § 1(exh. A), 9-10-2012)
6-3502 - Definition of emergency shelter.

In this chapter, unless the context otherwise requires:
"Emergency shelter" means housing with minimal supportive services that is designed for and occupied by homeless persons for no more than six-months in a consecutive 12-month period. No individual or household may be denied emergency shelter because of an inability to pay. (Ord. No. 610, § 1(exh. A), 9-10-2012)
6-3503 - Permit required.

An emergency shelter that complies with the provisions of this Chapter shall be permitted within the General Commercial District 1 (C-1), pursuant to an emergency shelter permit. (Ord. No. 610, § 1(exh. A), 9-10-2012)
6-3504 - Emergency shelter permit; application and issuance.

An application for an emergency shelter permit shall be filed with the Zoning Administrator on a form approved by the City together with a fee fixed by resolution of the City Council. The Zoning Administrator shall approve an application that meets the development standards set forth in Section 6-3505 without discretionary review or a public hearing, as soon as practicable, and in no event more than 30 days after the application has been deemed complete.

Pursuant to Section 6-250 of the Lafayette Municipal Code, this approval shall expire one year from the approval date unless a building permit has been issued for the project. The Zoning Administrator may extend the period to exercise the permit for up to one additional year upon a showing of good cause, if such request is received in writing prior to the expiration date.

H.3.f
Packet Pg. 149 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 285 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (a)
(1)
(2)
(3)
(4)
(5)
(6)
(a)
(b)
(c)
(d)
(7)
(8)
(Ord. No. 610, § 1(exh. A), 9-10-2012)
6-3505 - Development and management standards.

Development standards. An emergency shelter shall conform to the development standards set forth below, as well as all development standards of the C-1 zoning district set forth in Title 6, Part 3, Chapter 6-9 of this Code, including the requirement for design review for any building constructed or altered to affect the exterior appearance. If there is a conflict between the C-1 development standards set forth in Title 6, Part 3, Chapter 6-9 of this Code and the standards set forth below, the standards set forth below shall be controlling:

Proximity to Other Shelters. No emergency shelter shall be closer than 300 feet to another emergency shelter.

Vehicle Parking. An emergency shelter shall provide one parking space for every four beds and one parking space for every employee.

Bicycle Parking. An emergency shelter shall provide at least one bicycle space for every five beds.

Shelter Capacity. No emergency shelter shall contain more than 30 beds. The city council may establish a maximum number of beds to be allowed in all emergency shelters in the city by resolution. The maximum number of beds in all emergency shelters in the city shall not be less than the number of unsheltered homeless persons in Lafayette as determined in the biannual homeless count conducted by the Contra Costa Homeless Program.

Length of Stay. The length of stay per individual in an emergency shelter shall not exceed six months in a consecutive 12-month period.

Screening of Outdoor Uses. An emergency shelter shall not allow or include any of the following to occur in front of an emergency shelter or in any other location incidental to the shelter that is visible from adjoining properties or the public right-of-way, unless the same is entirely screened from public view:

Designated outdoor smoking area;
Outdoor waiting and client intake area;
Outdoor public telephones; and
Outdoor refuse area.

Exterior Lighting. Lighting in or on an emergency shelter shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity that is consistent with existing lighting in the neighborhood in which the shelter is located.

Laundry Facilities. An emergency shelter shall provide laundry facilities to serve the number of residents.

H.3.f
Packet Pg. 150 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 286 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (9)
(b)
(1)
(2)
(a)
(b)
Personal Property Storage. An emergency shelter shall provide secure areas for temporary storage of personal property of the persons residing in the emergency shelter.

Management Standards. An emergency shelter shall conform to the management standards set forth below:

Emergency Shelter Management Plan. The operator of an emergency shelter shall prepare and submit a management plan to the Zoning Administrator that includes, as applicable, the following: established staff training program to meet the needs of emergency shelter residents; adequate security measures to protect emergency shelter residents and the neighboring land uses; a list of services provided to assist emergency shelter residents with obtaining permanent shelter and income; and a method of screening emergency shelter residents to ensure compatibility with services provided at or through the emergency shelter prior to admittance to the shelter.

On-Site Management and Security Plan. Security measures shall be sufficient to protect clients and neighboring land uses. On-site management and on-site security shall be provided during the hours when the emergency shelter is in operation and at all times that clients are present on-site. An on-site staff person shall be designated as a neighborhood liaison to respond to, and address, any questions or concerns from surrounding residents regarding facility operations. Clients shall be screened for compatibility with shelter resources and for compliance with applicable State and Federal laws prior to admittance to the emergency shelter.
(Ord. No. 610, § 1(exh. A), 9-10-2012)
6-3506 - Appeals.

An appeal of a decision made pursuant to this chapter shall be brought and governed as set forth in Section 6-232 of this code.
(Ord. No. 610, § 1(exh. A), 9-10-2012)
Chapter 6-36 - DENSITY BONUS
Sections:
6-3601 - Purpose.

The purpose of this chapter is to:

Facilitate the production of affordable housing by providing incentives; H.3.f
Packet Pg. 151 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 287 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (c)
(a)
(1)
(2)
(b)
(1)
(2)
(3)
(c)
(d)
(e)
(1)
(A)
(B)
(C)
Implement the goals, policies and programs of the Housing Element of the Lafayette General Plan; and Comply with Government Code Section 65915.
(Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3602 - Definitions.

As used in this chapter, the following terms have the following meanings:
"Affordable rent" means a rent, including a reasonable utility allowance as determined by the planning and building department director, for rental target units that does not exceed the following calculations pursuant to Health and Safety Code Section 50053:

Very low income: Fifty percent of the AMI, adjusted for household size, multiplied by 30 percent and divided by 12.

Low income: Sixty percent of the AMI, adjusted for household size, multiplied by 30 percent and divided by 12.
"Affordable sales price" means a sales price at which very low, low, or moderate income households can qualify for the purchase of target units, taking into account available financing, number of bedrooms and assumed household size, reasonable down payment, and affordable housing costs as defined in Health and Safety Code Section 50052.5. The affordable sales price shall not exceed a price affordable to households based on the following calculations:

Very low: household income at or below 50 percent of the AMI.

Low: household income at or below 70 percent of the AMI.

Moderate: household income at or below 110 percent of the AMI. "AMI" mean the area median income for Contra Costa County. "Child care facility" means a child care facility other than a family day care home, including not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers, pursuant to Government Code Section 65915(h)(4). "Concession or incentive" means any of the following, pursuant to Government Code Section 65915(k):

A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Health and Safety Code Sections 18901 et seq., including, but not limited to:

Reduced minimum lot sizes and/or dimensions.

Reduced minimum lot setbacks.

Increased maximum lot coverage.

H.3.f
Packet Pg. 152 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 288 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (D)
I.

II.

III.
(2)
(3)
(f)
(g)
(h)
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Reduced On-site Parking Standards. Upon the request of the developer, the City shall require a vehicular parking ratio, inclusive of handicapped and guest parking,:

In the following ratios:

Zero to one bedroom: One onsite parking space.

Two to three bedrooms: Two onsite parking spaces.

Four and more bedrooms: Two and one-half parking spaces.

If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "onsite parking" through covered parking or uncovered off-street parking, but not through on-street parking.

Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost and are compatible with the housing units and the existing or planned development in the area where the housing project will be located.

Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable and actual cost reductions.
"Condominium project" has the same meaning as set forth in Civil Code Section 1351(f) for moderate income households.
"Density bonus" is defined as a density increase of at least five percent, unless a lesser percentage is elected by the applicant, and no more than 35 percent over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city. "Density bonus housing agreement" means a legally binding agreement between an applicant and the city to ensure that the requirements of this chapter are satisfied and that establishes, among other things, the number, size, location, terms and conditions of affordability, and production schedule of target units.
"Density bonus units" means those residential units approved pursuant to the provisions of this chapter that exceed the otherwise maximum residential density for the proposed housing development site.
"Development standard" means any ordinance, general plan element, specific plan, or other city condition, law, policy, resolution or regulation, as set forth in Government Code Section 65915(o)(1).
"Housing cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, property taxes and assessments, fire and casualty insurance, and homeowner association H.3.f
Packet Pg. 153 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 289 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (l)
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fees.
"Low income household" means persons and families whose income does not exceed the low income limits applicable to Contra Costa County, adjusted for household size, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5. "Maximum residential development" means the maximum number of residential units permitted by the general plan and applicable zoning district at the time of application, except for the provisions of this chapter.
"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 California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5. "Non-restricted unit" means any unit within a housing development that is not a target unit. "Qualifying resident" means a senior citizen or other person eligible to reside in senior citizen housing as defined under Civil Code Section 51.3.
"Senior housing" means a housing development consistent with the State Fair Employment and Housing Act which has been designed to meet the physical and social needs of senior citizens and which otherwise qualifies as housing for older persons as defined in the federal Fair Housing Amendments Act of 1988.
"Target unit" means a dwelling unit within a housing development that is affordable to and will be reserved for sale or rent to very low, low, or moderate income households, or to qualifying residents.
"Very low income household" means persons and families 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 California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5. (Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3603 - Granting of density bonuses and incentives.

The city shall either grant a density bonus and at least one concession or incentive, or provide other concessions or incentives of equivalent financial value (based on the land cost per dwelling unit) when the applicant for a housing development agrees or proposes to construct at least any one of the following:

Ten percent of the total dwelling units for very low income households.

Twenty percent of the total dwelling units for low income households.

H.3.f
Packet Pg. 154 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 290 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (4)
(b)
(a)
Fifty percent of the total dwelling units for qualifying residents.

Twenty percent of the total dwelling units in a condominium project for moderate income households.

The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change or other discretionary approval by the city. (Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3604 - Number of density bonus units.

The city shall grant a density bonus, and incentives or concessions described in Section 6-3611, when an applicant for a residential development project seeks and agrees to construct at least any one of the following:

Ten percent of the total dwelling units of a residential development project for low income households; or
Density Bonus Calculation
Percentage Low-Income Units Percentage Density Bonus
10% 20%
11% 21.5%
12% 23%
13% 24.5%
14% 26%
15% 27.5%
16% 29%
17% 30.5%
18% 32%
19% 33.5%
H.3.f
Packet Pg. 155 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 291 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (b)
(c)
(d)
20% 35%
Five percent of the total dwelling units of a residential development project for very low income households; or
Density Bonus Calculation
Percentage Very Low-Income Units Percentage Density Bonus 5% 20%
6% 22.5%
7% 25%
8% 27.5%
9% 30%
10% 32.5%
11% 35%
A residential development project meeting the requirements of a senior citizen housing development or a mobile home park as defined under state law; or Density Bonus Calculation: Twenty percent
Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of the Civil Code, for persons and families of moderate income, provided that all units in the development are offered to the public for purchase.

Density Bonus Calculation
Percentage Moderate-Income Units Percentage Density Bonus H.3.f
Packet Pg. 156 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 292 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) 1 0%5%
11%6%
12%7%
13%8%
14%9%
15%10%
16%11%
17%12%
18%13%
19%14%
20%15%
21%16%
22%17%
23%18%
24%19%
25%20%
26%21%
27%22%
28%23%
H.3.f
Packet Pg. 157 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 293 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) 29% 24%
30% 25%
31% 26%
32% 27%
33% 28%
34% 29%
35% 30%
36% 31%
37% 32%
38% 33%
39% 34%
40% 35%
The applicant shall elect whether the density bonus shall be awarded on the basis of subsection (a), (b), (c), or (d) above. All density calculations resulting in fractional units shall be rounded up to the next whole number. The density bonus shall not be included when determining the number of dwelling units that is equal to five or ten percent of the total dwelling units. (Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3605 - Land donation.

When an applicant donates land to the city, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire residential development project as follows:

Density Bonus Calculation
H.3.f
Packet Pg. 158 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 294 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) P
ercentageVeryLow-IncomeUnitsPercentageDensityBonus
10%15%
11%16%
12%17%
13%18%
14%19%
15%20%
16%21%
17%22%
18%23%
19%24%
20%25%
21%26%
22%27%
23%28%
24%29%
25%30%
26%31%
27%32%
H.3.f
Packet Pg. 159 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 295 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (a)
(b)
(c)
(1)
(2)
(3)
(4)
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(d)
28% 33%
29% 34%
30% 35%
This increase shall be in addition to any density bonus mandated in Section 6-3604(a) through (d) above, up to a maximum combined increase of 35 percent if the applicant seeks both the increase required under this section and the increase under Sections 6-3604(a) through (d). All density bonuses resulting in fractional numbers of .5 or higher shall be rounded up to the next whole number. An applicant shall be eligible for the increased density bonus described in this section if all of the following conditions are met:

The applicant donates and transfers the land to the city no later than the date of approval by the city of the final subdivision map, parcel map, or residential development application of the residential development project seeking the density bonus.

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent of the number of residential units of the proposed residential development project seeking the density bonus.

The transferred land:

Is at least one acre in size or of sufficient size to permit development of at least 40 units; and
Has the appropriate general plan designation and is appropriately zoned for affordable housing based on a density of at least the minimum default density as established by the State Department of Housing and Community Development; and Is or will be served by adequate public facilities and infrastructure; and Has appropriate zoning and development standards to make the development of the affordable units feasible; and
Has all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land no later than the date of approval of the final subdivision map, parcel map, or of the residential development project seeking the density bonus, except that the city may subject the proposed residential development project to subsequent design review, if the design is not reviewed by the city prior to the time of transfer.

H.3.f
Packet Pg. 160 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 296 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (e)
(f)
(a)
(b)
(c)
(d)
The transferred land and the affordable units shall be subject to a deed restriction, which shall be recorded on the property at the time of dedication, ensuring continued affordability of the units for a term of at least 30 years.

The land is transferred to the city or to another housing developer approved by the city.

The transferred land shall be within the boundary of the proposed residential development project or, if the city agrees, within one-quarter mile of the boundary of the proposed residential development project.
(Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3606 - Child care facilities.

When an applicant proposes to construct a residential development project that conforms to the requirements of Sections 6-3604(a) through (d) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the residential development project, the city shall grant either of the following:

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or An additional concession or incentive designated by the city to contribute to the economic feasibility of the construction of the child care facility.

The city shall require, as a condition of approving the residential development project, that the following occur:

The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing units are required to remain affordable pursuant to this chapter; and
Of the children who attend the child care facility, the children of very low income households, low income households, and moderate income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are made affordable to very low income households, low income households, or families of moderate income households pursuant to Sections 6-3604(a) through (d).

Notwithstanding any requirement of this chapter, the city shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.
(Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3607 - Condominium conversions.

H.3.f
Packet Pg. 161 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 297 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (a)
(b)
When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to households earning between 80 percent and 120 percent of median income, or 15 percent of the total units of the proposed condominium project to households earning less than 80 percent of median income, and agrees to pay for the reasonably necessary administrative costs incurred by the city, the city shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value.

For purposes of this section, "density bonus" means an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion.

For purposes of this section, "other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval.

An applicant shall be ineligible for a condominium conversion density bonus or other incentives under this section if the apartments proposed for conversion constitute a residential development project for which a density bonus or other incentives were previously provided under this chapter. (Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3608 - Design, distribution and timing of affordable housing.

Affordable housing units must be constructed concurrently with market-rate units. The affordable units shall be integrated into the residential development project and be comparable in infrastructure (including sewer, water and other utilities), construction quality and exterior design to the market-rate units. The affordable units must also comply with the following criteria:

Rental Residential Development Projects: When affordable units are required in rental residential development projects, the units should be integrated with the project as a whole.

All affordable units shall reflect the range and numbers of bedrooms provided in the project as a whole, and shall not be distinguished by design, construction, or materials. All affordable units shall be reasonably dispersed throughout the project.

Owner-Occupied Residential Development Projects: When affordable units are required in owner-occupied residential development projects, the units should be integrated with the project as a whole. Affordable units may be smaller in aggregate size and 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.

H.3.f
Packet Pg. 162 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 298 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (a)
(b)
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(1)
(2)
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All affordable units shall reflect the range and numbers of bedrooms provided in the project as a whole, except that if the market-rate units provide more than four bedrooms, the affordable units need not provide more than four bedrooms.

No building permits will be issued for market-rate units until permits for all affordable units have been obtained, unless affordable units are to be constructed in phases pursuant to a plan approved by the city.

Market-rate units will not be inspected for occupancy until all affordable units have been constructed, unless affordable units are to be constructed in phases pursuant to a plan approved by the city. (Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3609 - Requests for incentives or concessions.

The applicant must submit a density bonus application, as described in Section 6-3614 below, for the specific incentives or concessions that the applicant requests. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following:

The concession or incentive is not required in order to provide for affordable housing costs; The concession or incentive would have a specific adverse impact upon public health and safety or the physical environment or on any real property that is listed in the Federal Register of Historic Resources, or the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households. (Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3610 - Granting of incentives or concessions.

If the conditions of Sections 6-3604(a), (b), (c) or (d) are met by applicant, the following incentives or concessions may be granted:

One incentive or concession for a residential development project that makes:

At least ten percent of the total units affordable to lower income households; or At least five percent of the total units affordable to very low income households; or At least ten percent of the total units affordable to persons and families of moderate income in a common interest development.

Two incentives or concessions for a residential development project that makes:

At least 20 percent of the total units affordable to lower income households; or At least ten percent of the total units affordable to very low income households; or H.3.f
Packet Pg. 163 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 299 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (c)
(1)
(2)
(3)
(a)
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(b)
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At least 20 percent of the total units affordable to persons and families of moderate income in a common interest development.

Three incentives or concessions for a residential development project that makes:

At least 30 percent of the total units to lower income households; or At least 15 percent of the total units to very low income households; or At least 30 percent of the total units affordable to persons and families of moderate income in a common interest development.
(Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3611 - Types of incentives or concessions.

Incentives (or concessions) are broken down into three tiers depending on their level of impact on residents of the project and/or the surrounding community. Concessions with an anticipated greater impact require a higher level of review and approval which encourages least impactful concessions/incentives through a simplified review process. The three tiers of approval are zoning administrator (administrative), planning commission, and city council as outlined below.

If a single project requests concessions from different tiers, all requested concessions would be subject to the highest tier's review and approval. For example, if a proposed project requested two Tier 1 concessions and one Tier 2 concession, all concessions, including those from Tier 1, would be subject to hearing body approval under Tier 2.

Tier 1: Zoning Administrator Action.

Waiving the public art requirement.

Reducing processing fees.

Deferring collection of impact fees to certificate of occupancy.

Tier 2: Planning Commission Action.

Reduction in building setbacks.

Reduction of lot area standards, including allowing private streets to be included in the lot calculation.

Reduction in open space/landscaping requirements.

Reducing impact fees.

Direct financial assistance through funding grants.

Tier 3: City Council Action.

Any additional reductions or variations not specifically covered in Tiers 1 and 2.

Deviation from any other development standards not addressed in Tiers 1 and 2.

Density bonuses in excess of what is provided for under state law.

H.3.f
Packet Pg. 164 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 300 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (a)
(b)
(c)
(d)
(e)
(Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3612 - Compliance.

The provisions of this chapter shall apply to all agents, successors and assignees of an applicant, developer, builder or property owner proposing a residential development project governed by this chapter.

No tentative map, use permit, special development permit or occupancy permit shall be issued for any residential development project unless exempt from or in compliance with the terms of this chapter.

The city may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including but not limited to actions to revoke, deny or suspend any permit or development approval.
(Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3613 - Density bonus application.

In order to receive the concessions and/or incentives described in Section 6-3611, the applicant must submit to the city a density bonus application which will be reviewed concurrent with the development application.

At any time during the review process, the planning and building department director may require from the applicant additional information reasonably necessary to clarify and supplement the application or to determine the consistency of the proposed density bonus application with the requirements of this chapter.

The density bonus application should include, but not be limited to, the following:

A description of the residential development project including the proposed total number of affordable housing units, senior housing units or mobile home park units; The zoning, general plan designations, and assessor's parcel number(s) of the project site; A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout.

A description of the concessions or incentives requested.

If an additional incentive(s) is requested, the application should describe why the additional incentive(s) is necessary to provide the affordable housing units. (Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3614 - Siting.

Any affordable units constructed under the provisions of this ordinance shall be built on-site, unless otherwise waived by the city council.

H.3.f
Packet Pg. 165 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 301 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (a)
(b)
(c)
(d)
(a)
(1)
(2)
(b)
(Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3615 - Appeal.

An appeal of a decision made pursuant to this chapter is governed by Sections 6-217 through 6-238 or Section 8-2110.
(Ord. No. 637, § 4(exh. A), 11-10-2014)
Chapter 6-37 - INCLUSIONARY HOUSING
Sections:
6-3701 - Purpose.

The purpose of this chapter is to facilitate the development and availability of housing affordable to a broad range of households of various income levels and sizes in Lafayette. This chapter is intended to:

Implement state policy that declares local governments have a responsibility to facilitate development to provide for the housing needs of all economic segments of the community; Implement the housing element of the general plan, which calls for the adoption of an inclusionary housing program;
Facilitate the development of affordable housing units within a project; and Assist in the dispersal of affordable housing units throughout the downtown. (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3702 - Definitions.

In this chapter, unless the context requires otherwise:
"Affordable rent" means a rental rate that results in monthly housing costs, including utilities, that collectively do not exceed the following:

For a very low-income household, one-twelfth of the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate for the unit.

For a low-income household, one-twelfth of the product of 30 percent times 80 percent of the area median income adjusted for family size appropriate for the unit. "Affordable sales price" means a sales price that results in monthly housing costs, including mortgage (principle and interest), property taxes, utilities, property insurance and homeowner association fees, that collectively do not exceed the following:

H.3.f
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For a very low-income household, one-twelfth of the product of 35 percent times 50 percent of the area median income adjusted for family size appropriate for the unit.

For a low-income household, one-twelfth of the product of 35 percent times 80 percent of the area median income adjusted for family size appropriate for the unit.

For a moderate-income household, one-twelfth of the product of 35 percent times 110 percent of the area median income adjusted for family size appropriate for the unit. "Area median income" means the combined salaries, wages or other sources of income of a single household, based upon household size, for Contra Costa County as published annually by the State of California Department of Housing and Community Development. "Downtown" means the area within the boundaries of the downtown specific plan map. "First time homebuyer" means a household that has had no ownership in a principal residence during the three-year period ending on the date of purchase of the affordable unit. "Inclusionary housing agreement" means a document that has been reviewed and approved by the planning and building director that delineates the exact requirements that a developer shall meet to fulfill the requirements under this chapter. "Inclusionary unit" means a dwelling unit that has an affordable sales or rental price for households for a household at the applicable income level under the requirements of this chapter.
"Large family" means a household with five or more members. "Low-income household" means a household whose annual income does not exceed 80 percent of area median income, adjusted for household size as published by the State of California Department of Housing and Community Development for Contra Costa County. "Moderate-income household" means a household whose annual income does not exceed 110 percent of area median income, adjusted for household size as published by the State of California Department of Housing and Community Development for Contra Costa County, and would apply to for-sale moderate income housing.
"Project" means a residential or mixed-use development creating a net increase of two or more for sale or rental dwelling units. This excludes a legal second unit unless that unit is built to satisfy the requirements of this chapter.
"Very low-income household" means a household whose annual income does not exceed 50 percent of area median income, adjusted for household size as published by the State of California Department of Housing and Community Development for Contra Costa County. (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3703 - Basic provisions.

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Geographic Area. The provisions of this chapter apply to the downtown.

Development Size Threshold. The provisions of this chapter apply to all projects creating a net increase of two or more residential units.

Income Calculations. The State of California calculates annual income limits for very low-, lowand moderate-income households that may vary from the definitions for such households contained in this chapter. In applying Sections 6-3702(a), (b), (g), (h) and (j) above to a proposed project, applicants may use the higher of the household income limits established in this chapter (50 percent of area median income for very low, 80 percent of area median income for low, and 110 percent of area median income for moderate), or the household income limits established by the State of California for the same income categories. (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3704 - Inclusionary percentage.

Single-Family. For projects in the downtown creating single-family dwellings, 15 percent of the units must be inclusionary units sold or rented at an affordable price to moderate-income households.

Multi-Family. For projects in the downtown creating multiple for sale family dwellings, 15 percent of the total units must be inclusionary units, with nine percent sold at an affordable sales price to low or moderate-income households and six percent sold to an affordable sales price of very lowincome households.

For projects in the downtown that are multi-family rental dwellings, 15 percent of the total units must be inclusionary units, with nine percent rented at an affordable price to low-income households and six percent rented at an affordable price to very low-income households. (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3705 - Calculation of inclusionary units.

To calculate the number of inclusionary units required, multiply 15 percent with the total number of units in the project.

When six percent and nine percent are multiplied with the total units to determine the number for each respective income category and the result is less than one unit for each income category, then the total combined percentage may be affordable to low or moderate-income households.

Notwithstanding subsections (a) and (b) above, a project with two to six units may elect to pay the H.3.f
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applicable in-lieu fees and is not required to build inclusionary units.

Notwithstanding subsections (a) and (b) above, a project with seven to 20 for-sale units may elect to make all of the inclusionary units affordable at moderate-income. Similarly, a project with seven to 20 rental units may elect to make all of the inclusionary units affordable at low-income. (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3706 - Fractional units.

If multiplying the required 15 percent with the total number of units results in other than a whole number, a result equal to or greater than one-half shall be rounded up to the next whole unit. An in-lieu fee shall be paid for a result less than one-half.
(Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3707 - In-lieu fee.

This chapter establishes provisions under which an in-lieu fee is collected for inclusionary units. The city council shall establish the amount based on an appropriate fee study and shall update the fee over time.

The in-lieu fee requirements of this chapter shall be effective only after the city council has adopted or updated the fee by resolution.
(Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3708 - Segmentation.

Segmentation of a project in order to avoid the requirements of this chapter is not permitted.

Construction of proximate dwelling units within any five-year period for which there is evidence of common ownership, control or interest, and whether or not covered by the same land use entitlements, shall be subject to the regulations of this chapter. However, nothing herein shall prohibit the phased development of a project, as approved by the city.
(Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3709 - Term of affordability.

For-sale inclusionary units shall be restricted to the applicable income level for a period not less than 45 years.

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Rental inclusionary units shall be restricted to the applicable income level for a period not less than 55 years, including inclusionary units proposed as rentals under Section 6-3712 of this chapter.

The term of for-sale units' affordability resets upon sale of the unit(s). (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3710 - Design.

Inclusionary units must be dispersed throughout the project and be comparable in terms of bedroom count and exterior design to the market rate units. The inclusionary units must have access to all amenities available to the market rate units.
(Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3711 - Timing.

Inclusionary units must be constructed prior to or concurrently with the construction of the market rate units. The developer shall complete construction of all inclusionary units prior to final inspection of the final market rate unit. In phased developments, inclusionary units may be constructed and occupied in proportion to the number of units in each phase.
(Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3712 - Alternatives.

Off-site Development. Instead of providing inclusionary units on-site to satisfy the requirements of this chapter, a developer may propose providing all or a portion of the inclusionary units offsite, including for-sale housing or rental housing (see subsection (b) for-rent alternative to fee or sale, below).

In order to approve such a proposal, the city council must find that on-site production of such units is infeasible or that greater public benefit will result from the units being off-site.

The city council shall require the provision of a minimum of one and may require up to two off-site units for every unit not provided on-site.

Regardless of the number of off-site for-sale units that are required, 40 percent of the off-site units shall be affordable to very low-income households and 60 percent shall be affordable to low- or moderate-income households.

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Regardless of the number of off-site rental units that are required, 40 percent of the off-site units shall be affordable to very low-income households and 60 percent shall be affordable to low-income households.

Nothing in this section shall obligate the council to allow any off-site units.

A developer proposing to provide the inclusionary units off-site must provide a relocation plan for any current tenants that may be displaced by the development of affordable units at the off-site location.

All other provisions of this chapter apply, whether the units are produced on-site or off-site.

For-Rent Alternative to Fees or Sale.

Ownership Projects. An applicant for a residential ownership project may elect to provide all or a portion of the inclusionary units required for the residential project at affordable rent to lower income households rather than provide for-sale units. Fifteen percent of the total units must be affordable to lower incomes, with nine percent rented at an affordable rent to low income households and six percent rented at an affordable rent to very low income households. If the applicant proposes to provide rental units off-site, 40 percent of the off-site rental units shall be affordable to very low-income households and 60 percent shall be affordable to low-income households.

Sales of Affordable Rental Units. If the owner of the ownership project later determines to offer the affordable rental units in the project for sale at an affordable sales price, any subsequent regulatory agreement shall include provisions for sale of the affordable units, as well as relocation benefits for tenants of the affordable rental units.

All other provisions of Section 6-3712(a) apply, except Section 6-3712(a)(3). (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3713 - Inclusionary housing agreement.

An inclusionary housing agreement between the developer and the city shall be required for any project subject to the provisions of this chapter in a form approved by the planning and building director. The agreement shall be executed prior to issuance of a building permit.

The inclusionary housing agreement shall contain the following information:

The location, tenure (rental or ownership) and size of the proposed market rate and inclusionary units;
The calculations used to determine the number of inclusionary units; A floor plan or site plan depicting the location of the inclusionary units; The affordability level for each inclusionary unit;
The term of affordability;
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A phasing plan for phased developments;
A description and details of any requested incentives, waivers or exemptions; For projects including a density bonus, documentation that the density bonus is requested for units provided that are inclusive of the city's inclusionary requirements; The process by which eligibility of qualified households will be reviewed and selected to rent or purchase affordable units;
An annual reporting schedule and requirements;
In for-sale housing, priority to first time home buyers and/or large families and in for-rent housing, priority to large families;
Additional information as requested by the planning and building director. (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3714 - Allowances.

In approving an inclusionary housing agreement, the city may, at its sole discretion, include one or more of the following allowances:

Unit Size Reduction. The size of the required inclusionary units may be smaller than the market rate units, consistent with all other provisions herein.

Interior Finishes. Inclusionary units may have different interior finishes than market rate units so long as the interior features are durable, of good quality and consistent with current state building code standards for new housing.

Accessory Dwelling Units. Projects consisting of single-family detached units may meet the inclusionary unit requirements by providing an accessory dwelling unit in accordance with the provisions of the city's accessory dwelling unit regulations on a one-for-one basis. All other requirements of this chapter, including income restrictions and term of affordability, shall be applied to second units.
(Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3715 - Reductions, adjustments, or waivers.

A developer of a project subject to the requirements in this chapter may petition the city council for a reduction, adjustment, or waiver of these requirements based upon substantial evidence showing the absence of any reasonable relationship or nexus between the impact of the development and the inclusionary requirements.

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A project subject to the requirements of this chapter and which has received approval for a tentative subdivision or parcel map, use permit or other discretionary approval and submits a new or revised application for the same property may petition for a reduction, adjustment or waiver of the requirements with respect to the number of lots or square footage of construction previously approved.

Any such petition shall be made in writing and filed with the planning and building department, along with the required fee established by city council resolution, not later than ten days before the first public hearing on any discretionary approval or permit for the development, or if no such discretionary approval or permit is required, or if the developer is protesting an action taken pursuant to this ordinance after the first public hearing on such permit or approval, then the petition shall be filed within ten days after the date of the action objected to by the developer.

The petition shall set forth in detail the factual and legal basis for the claim of waiver, reduction, or adjustment.

The city council shall consider the petition at the public hearing on the permit application or at a separate hearing within sixty days after the filing of the petition, the appellant shall bear the burden of presenting substantial evidence to support the petition including comparable technical information to support petitioner's position.

No waiver shall be granted by the city council for a new project where a prior project was approved within the last three years unless the city council finds that:

The new project is superior to the approved project both in its design and its mitigation of environmental impacts,
Adequate affordable housing already exists in that the aggregate of new or substantially rehabilitated dwelling units within the downtown makes available more than 15 percent of such units at affordable housing cost to, and occupied by, persons and families of low and moderate income, and of such 15 percent, not less than 40 percent thereof is available at affordable housing cost to, and occupied by, very low-income households, or Exceptions to the affordable housing requirements will result in a better project that better meets the city's housing goals.

The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any change in the project shall invalidate the waiver, adjustment, or inclusionary requirements unless such change is approved by the city in advance.
(Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
Chapter 6-38 - HOUSING DEVELOPMENTS AND URBAN LOT SPLITS Sections:

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The purpose of this chapter is to provide objective zoning standards for housing developments and urban lot splits within single-family residential zones, to implement the provisions of state law as reflected in Government Code sections 65852.21 and 66411.7, and to facilitate the development of new residential housing units in a manner compatible with existing single-family residential uses and ensure sound standards of public health and safety.
(Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3802 - Definitions.

As used in this chapter, the following terms have the following meanings:
"Adjacent parcel" means a parcel sharing any portion of its property line(s) with the parcel being subdivided using the provisions of an urban lot split.
"Person acting in concert" means a person that has common ownership of the adjacent parcel with the owner of the subject parcel, or a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided. "Hillside overlay district" means the area shown on the map entitled Hillside Overlay District dated July 8, 2002, adopted by Ordinance 528, a copy of which is on file at the city offices. "Housing development" means one or two residential units on a single parcel within a single-family residential zone.
"Building footprint" means the area within the exterior walls of a building. "Lafayette area ridge map" means the map entitled Lafayette Area Ridge Map, dated July 8, 2002 adopted by Ordinance 528, a copy of which is on file at the city offices. "Natural contours" mean those contours existing on January 1, 2022 created through natural processes or pursuant to a valid permit to alter the grades on the site. "Light reflectance value" (LRV) means the percentage of light a color reflects and is measured on a scale that ranges from zero (absolute black, absorbing all light) to 100 percent (pure white, reflecting all light). "Percent slope" means the slope ("S") calculated for an area using either of the following formulas:

S = 0.002296 i L / A or S = 100 i L / a
Where S = average percent slope
i= contour interval in feet
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L = summation of length of all contours in feet
A = area in acres of parcel being considered
a = area in square feet of parcel being considered
"Protected tree" means a tree that is defined as a protected tree in Chapter 6-17 of the Lafayette Municipal Code.
"Urban lot split" means a subdivision of an existing legal lot of record into no more that two separate parcels meeting the objective standards set forth in this chapter and the Subdivision Map Act. "Viewing evaluation map" means the map entitled Viewing Evaluation Map, dated March 1, 1993, as amended by Ordinance 558 on September 25, 2006, a copy of which is on file at the city offices. (Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3803 - Eligibility.

To be eligible for a housing development or urban lot split as specified under state law and this chapter, the proposed housing development or urban lot split shall meet all of the following criteria:

The parcel is located within a single-family residential district as provided for in Chapter 6-7 of the Lafayette Municipal Code.

The parcel is not located on either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

The parcel is not located on wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

The parcel is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

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The parcel is not located within a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

The parcel is not located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part

2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

The parcel is not located within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.

The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

The parcel is not located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined H.3.f
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approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.

The parcel is not located within lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

The parcel is not located on lands with habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

The parcel or any portion thereof is not under a conservation easement, which shall include conservation easements, scenic deed easements, and open-space easements.

The parcel is not included on the state historic resources inventory.

The urban lot split or housing development would not require demolition or alteration of:

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

Housing that is subject to any form of rent or price control though a public entity's valid exercise of its police power.

Housing that has been occupied by a tenant in the last three years.

The parcel is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

In addition, to be eligible for a housing development, the proposed housing development:

Creates one or two new dwelling units, and
Does not allow the demolition of more than 25 percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.

In addition, to be eligible for an urban lot split the proposed urban lot split shall meet all of the following criteria:

The new created parcels are no smaller than 1,200 square feet.

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The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

The parcel has not been established through prior exercise of an urban lot split as provided for in this chapter.

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split. (Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3804 - Application procedure.

All housing developments and urban lot splits as permitted under state law and this chapter shall be considered ministerially, without discretionary review or a hearing.

A proposal for a housing development or urban lot split under this chapter shall be initiated by an application on a form prescribed by the city together with the required fees as adopted by city council resolution.
(Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3805 - Permit expiration.

A permit approval automatically expires if the use or action authorized is not started or construction incident thereto is not begun on or before the time limit specified in the permit, and thereafter diligently pursued. If no time is specified, the permit expires 12 months after the date of approval. The manager may grant one 12-month extension of time upon written request if the city has not made applicable changes to the Lafayette Municipal Code and the development is not changed. (Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3806 - Application of this chapter.

The requirements of this chapter are in addition to other applicable provisions of the Lafayette Municipal Code. Where there is a conflict between this chapter and other sections of the Lafayette Municipal Code, this chapter shall prevail.
(Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3807 - Construction of up to two units of at least 800 square feet.

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(b)
(a)
The standards set forth in this chapter shall not physically preclude the construction of up to two units per parcel and shall not preclude each unit from being at least 800 square feet in floor area, unless otherwise precluded by law. If the housing project cannot be designed to meet the objective standards and the objective standards would preclude two 800-square foot units, the city will provide relief from one or more of the objective standards set forth in this chapter and as prioritized by the city council. The city shall determine the extent of relief necessary to allow two 800-square foot units. The purpose of this section is for the housing development and/or urban lot split to comply with the objective standards, general plan and Lafayette Municipal Code to the maximum extent.

The city council hereby lists the following objective standards from lowest-to-highest priority. Encroach into 1) side yard, 2) rear yard, 3) front yard, 4) creek setback, and 5) ridgeline setback in that order. (Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3808 - Number and type of units allowed.

No more than two total units on each parcel, including accessory dwelling units and junior accessory dwelling units, shall be allowed on parcels that have been created by an urban lot split pursuant to state law and this chapter.

No more than four dwelling units, including accessory dwelling units and junior accessory dwelling units, shall be allowed on a parcel that has utilized the housing development provisions pursuant to state law and this chapter.
(Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3809 - Owner occupancy.

For a housing development, one of the two units shall be the property owner(s)' principal residence.

An applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. This does not apply to a community land trust or a qualified nonprofit corporation.
(Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3810 - Deed restriction.

The property owner must record a deed restriction, acceptable to the city, that does each of the following:

Documents the parcel or housing development was created using the provisions of SB 9.

H.3.f
Packet Pg. 179 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 315 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (b)
(c)
(d)
(a)
(1)
(2)
(3)
(4)
(5)
(6)
Expressly prohibits any rental of any dwelling on the property for a term of 30 days or less.

Expressly prohibits any non-residential use of the lots.

Expressly requires the property owner(s) to occupy one of the dwelling units on the lot as the property owner(s)' principal residence. This provision does not apply to dwelling units on parcels created pursuant to an SB 9 urban lot split.
(Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3811 - Objective standards.

Housing development. The following objective standards shall be complied with.

The front setback, side yard setback, rear yard setback and secondary front setback shall be those established by the zoning district in which the property is located pursuant to Chapter 6-7 of the Lafayette Municipal Code. If one or more of those setbacks would preclude construction of two units of 800 square feet each, then the city will relax one or more setbacks to allow two units of 800 square feet each. At no time shall the side yard setback or rear yard setback be reduced to less than four feet for new construction.

Nonconforming setbacks shall be permitted to be maintained for an existing structure or structures constructed in the same location and to the same dimensions as an existing structure. Increased non-conforming setbacks are not permitted.

Building height shall not exceed 35 feet as defined in Section 6-313 and two and one-half stories. Building height for accessory dwelling units where permitted shall not exceed 17 feet.

One off-street parking space per unit shall be provided, unless the parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code or there is a car share vehicle located within one block of the parcel. The parking space shall have minimum dimensions of at least ten feet by 20 feet, either covered or open, and shall not be located within the required setback or side yard.

Import and off-haul shall be limited to a maximum of 200 cubic yards combined for grading outside the building footprint.

Retaining walls outside the building footprint shall not exceed four feet in height. Multiple four-feet walls are permissible if they are separated by a minimum of four feet. Walls shall be constructed of natural stone or concrete and/or masonry with a cultured stone or stucco finish with a light reflectance value not to exceed 50 percent. Cut and fills shall be balanced so that off-hauling is maintained under 200 cubic yards.

H.3.f
Packet Pg. 180 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 316 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
Grade changes outside a building footprint within the dripline of protected trees are prohibited. If required to comply with state law, building footprints within the dripline of protected trees shall be drilled pier construction.

Building footprints shall not encroach in creek setbacks as calculated using the formula in Section 6-1841 LMC.

No protected tree shall be removed. If a protected tree must be removed in order to comply with state law, the applicant shall replace the removed tree pursuant to the tree mitigation calculations in Chapter 6-17, Tree Protection.

Driveways shall be constructed with permeable pavers where slope is under five percent.

Impermeable paving is permissible where the driveway is over five percent slope.

Patios and walkways shall be constructed with permeable pavers, decomposed granite or other permeable materials and applicant shall provide a permeability certificate.

Impermeable surfaces adjacent to pools shall be limited to a ten-feet radius outboard.

A stormwater control plan on a form established by the Contra Costa Clean Water Program shall be completed for each project demonstrating compliance by the Municipal Regional Water Quality Permit 3.0 established by the CA Clean Water Act and the National Pollutant Discharge Elimination System (NPDES).

Detention basins for regulating stormwater shall not be constructed within ten feet of downhill adjoining properties.

Windows facing side property lines shall have a five-feet minimum sill height, except as otherwise required by fire code. This requirement does not apply to ground floor windows.

Compressors, pumps and HVAC equipment shall not be located between the front of residence and the front property line or secondary frontage and shall not be located within ten feet of a side or rear property line.

Applicant shall submit a water budget consistent with the Model Water Efficient Landscape Ordinance (MWELO) demonstrating water use of no more than 500 gallons per 10,000 square feet of lot area per day. The landscape area of single-family residence, or duplexes shall be designed with no more than 20 percent of the landscaped area planted in turf or plants that are not water-wise as defined as needing "low" or "very low" water per Water Use Classifications of Landscape Species (WUCOLS) established by the Water Use Efficiency Office of the California Department of Water Resources (DWR) or other sources as verified by a licensed landscape architect.

Each dwelling unit must demonstrate legal access meeting current fire district standards which shall be demonstrated by a sign off from the fire district prior to application submittal.

H.3.f
Packet Pg. 181 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 317 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (18)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(c)
(1)
(2)
(3)
Utilities shall be installed underground in accordance with applicable underground utility ordinances and with the rules and regulations of the state Public Utilities Commission (6-2053).

Electric, gas and water utilities shall be separately metered for energy conservation purposes except for ADUs under 800 square feet and shall be subject to grading requirements of this section unless superseded by state standards.

Hillside development. For properties located in the mapped Hillside Overlay District (HOD), the following standards shall apply in addition to those listed above in Section 6-3811(a)(1)—(17).

No portion of a structure may be erected within a mapped ridgeline setback as shown on the Lafayette Area Ridge Map (LARM).

Specifically, no development may take place within 400 feet (measured in plan view) of a Class 1 ridgeline; no development may take place within 250 feet (measured in plan view) of a Class II ridgeline and no portion of a structure may be erected within 250 feet of a class III ridge that is higher than a horizontal plane that intercepts the ridgeline. The horizontal plane shall be at the nearest point of the structure to the ridgeline and perpendicular to the ridgeline or have an arc of 90 degrees from the endpoint of the ridgeline.

Each structure in the hillside overlay district shall not be visible when viewed from lower elevations using the adopted viewing evaluation map showing the streets/locations from which views are considered. If a structure permitted under state law is visible, the applicant shall plant and maintain a minimum of one 15-gallon tree along each five linear feet of visible structure to screen the structure. The trees shall be of a species listed in Chapter 6-17, Tree Protection. Trees for this purpose shall be planted on the side of the residence that is visible and the exterior colors of the residence must have a light reflectance value below 50.

Buildings shall be designed to have their longest dimensions parallel the natural contours.

Beyond 30 feet from a house any new tree species planted shall be one of the species listed in Chapter 6-17, Tree Protection.

Grading located outside a building footprint shall be limited to an aggregate maximum of cut and fill of 200 cubic yards.

No portion of a lot which has a ground slope in excess of 35 percent may be altered by grading.

Urban Lot Split.

Size. Each new parcel shall be a minimum of 1,200 square feet in area.

Number. Each parcel shall not be split into more than two parcels.

Fire safety. Each new parcel must demonstrate legal access meeting current fire district standards which shall be demonstrated by a sign off from the fire district prior to application submittal.

H.3.f
Packet Pg. 182 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 318 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) (4)
(5)
(6)
(A)
(B)
Depth. Minimum lot depth requirements shall be that established by zoning district in which the parcel is located.

Width. Average lot width requirements shall be that established by zoning district in which the parcel is located.

Slope. Each lot in the hillside overlay district will have a naturally contoured (not manmade) building site of 30 percent slope or less. All construction on each building site shall take place within the designated 30 percent slope area with the exception of:

An access road or driveway (not parking area) that does not require grading; An ancillary structure, such as a deck supported by posts or cantilevered, and where the natural grade is undisturbed.
(Ord. No. 681 , § 3(exh. A), 12-13-2021)
H.3.f
Packet Pg. 183 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3098 : Inclusionary Housing Ordinance Options) H.3.a
Packet Pg. 319 Attachment: May 2, 2023 Staff Report with Attachments (3218 : Inclusionary Housing) Jurisdictions Links to Inclusionary
Ordinance
In Lieu Language Threshold Number of Units for
Inclusionary Requirement
% of Onsite Units
Required by Income
Category
Threshold that allows for InLieu Fees
Antioch n/a n/a n/a n/a n/a
Brentwood Brentwood
Inclusionary
Ordinance
Section 17.725.004
A. Approval of Payment of In-Lieu Fees. In-lieu fees may be paid for residential developments consisting of between five and nine dwelling units. The amount of the in-lieu fee shall be adopted by resolution of the city council, and may be amended from time to time.

1. In-lieu fees for custom home developments shall be paid at time of building permit issuance for each custom home. For each permit pulled, the developer shall pay either the divided in-lieu fee or in a lump sum with the total fee, as elected by the developer.

2. In-lieu fees for all other residential developments shall be paid at building permit issuance for each market-rate unit constructed within the development. For each permit pulled, the developer shall pay either the divided in-lieu fee or in a lump sum as with the total fee, as elected by the developer.

3. Except as may otherwise be required by law, the amount of the fee shall be as set forth in the in-lieu fee resolution in effect at the time of payment. In-lieu fees paid to the city shall be deposited into the affordable housing in-lieu fee fund in accordance with Section 17.725.007.

4. The in-lieu fee paid by the developer of an ownership development shall be calculated using a market rate median sales price based in-lieu fee.

This fee is based on the twelve-month median sales price for a three-bedroom, one thousand five hundred to one thousand seven hundred square foot, market-rate home in Brentwood, minus the current affordable housing cost as defined in the California Health and Safety Code for owner-occupied units for the applicable household income level. The amount of the in-lieu fee for each affordable unit shall be the difference between the market rate median sales price, calculated as above, and the affordable housing cost for a for-sale three-bedroom unit.

5. Developers of rental developments must construct affordable units on site or satisfy the affordable requirements through an alternative equivalent proposal other than payment of in-lieu fees.

Five or more lots or units Ownership and Rental–
3% Very Low Income
4% Low Income
6% Moderate Income
Projects of 5-9 units may
either construct one low
income affordable unit or pay
a fee equal to fifty percent of
the low-income in-lieu fee
Clayton Clayton Inclusionary
Ordinance

17.92.040 - Alternatives.

In lieu of including the Inclusionary Units in the Residential Development pursuant to Section 17.92.030, the requirements of this chapter may be satisfied through the following alternatives set forth in this section.

B.In Lieu Fee. For Residential Developments proposing ten (10) or more units, the Developer may request within the proposed Inclusionary Housing Plan to pay a fee in lieu of all or some of the Inclusionary Units otherwise required by the Ordinance in lieu of developing Inclusionary Units on-site.

Developer's request may be approved or denied by the Council in its sole discretion. The fee shall be charged for each unit or fraction of a unit as set forth in Section 17.92.030(c), and the fee shall be paid as follows:

1.The amount of the fee to be paid by Developer pursuant to this subsection shall be the fee schedule established by Resolution of the City Council, and as adjusted from time to time by Resolution of the City Council.

2.One-half (1/2) of the in-lieu fee required by this subsection shall be paid (or a letter of credit posted) prior to issuance of a building permit for all or any part of the Residential Development. The remainder of the fee shall be paid before a certificate of occupancy is issued for any unit in the Residential Development.

3.The fees collected shall be deposited in the Inclusionary Housing Fund.

4.No certificate of occupancy shall be issued for any corresponding Unrestricted Units in a Residential Development unless fees required under this section have been paid in full to the City.
10 or more units Ownership only–
10% of for-sale units
provided to very low, low
or moderate income
households.

If only Low Income Units
are provided in lieu of any
Moderate Income units, a
credit of one and one-half
(1.5) units to every one
unit shall be provided.

However, the credits may
only be applied to the
extent such credit equals
a whole number.

Projects with 10 or more units
Concord Concord Inclusionary
Ordnance

18.185.040 Inclusionary housing requirements.

D. In-Lieu Fees.

1. Amount. A fee may be paid in lieu of providing inclusionary units for a residential project as provided in subsections (C)(2) (Fractional Units) and (4) (Projects of Five to Nine Units) of this section and for a residential project which contains less than 20 acres in gross land area. The fee shall be set by resolution of the city council and shall be an amount sufficient to pay the proportionate cost of providing inclusionary units elsewhere in the city. The fee may be periodically reviewed and updated by the city.

2. Use. All fee revenues shall be deposited in a restricted fund earmarked for housing developments affordable to very low, low, and/or moderate income households. Fees may also be used for administration of city affordable housing programs and to administer fair housing requirements for affordable units.

3. Timing of Payment. In-lieu fees shall be paid prior to issuance of a certificate of occupancy or prior to building permit issuance, for projects for which a certificate of occupancy is not issued; or as otherwise provided in the conditions of approval.

4. Purpose of In-Lieu Fees. Nothing in this title shall deem or be used to deem the in-lieu fee authorized in this section as an ad hoc exaction, as a mandated fee required as a condition to developing property, or as a fee subject to the analysis in Building Industry Association of Central California v.

City of Patterson, 171 Cal.App.4th 886 (2009). Any in-lieu fee adopted by the city council is a menu option that may serve as an alternative to the provision of on-site inclusionary units as otherwise required by subsection (C) of this section.

5. The planning division or review authority may permit a developer to pay in-lieu fees rather than fulfilling the requirements of an executed inclusionary housing agreement requiring the construction of below market rate units if the reduced market price of the proposed units falls to within 15 percent of the “affordable price” for a moderate income four-person household.

Five or more units Ownership:
10% moderate income
or 6% low income
Rental:
10% low income
or 6% very low income
Projects with 5 to 9 units. Also
allowed for fractional units,
i.e. when the inclusionary
requirement results in a
fractional unit, the fraction
shall be rounded up to the
next whole number if the
fraction is one-half or more. If
the result includes a fraction
below one-half, the applicant
shall have the option of either
rounding up to the next whole
number and providing an
additional inclusionary unit, or
paying an in-lieu fee.

H.3.b
Packet Pg. 320 Attachment: C4 Summary of Contra Costa County Inclusionary Ordinances (3218 : Inclusionary Housing) Contra Costa
County
Contra Costa County
Inclusionary
Ordinance
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 twelve months. Fee amounts in the fee schedule for rental units will be calculated to be equivalent to the difference over a fifty-five-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.

Five or more units Ownership: 15% of forsale developments of which 20% of the total
inclusionary units shall be
for low income
households with
remaining units affordable
rate to moderate income
households.

Rental: 15% of rental
developments of which
20% of the total
inclusionary units shall be
for very low income
households with
remaining units rented at
affordable rate to lower
income households.
n/a
Danville Danville Inclusionary
Ordinance
32-73.8 In Lieu Participation Fees.

In lieu participation fees may be appropriate for particular projects not suitable for inclusionary affordable units due to factors including, but not limited to, location, availability of services, extreme topography, development density, and environmental constraints. In such cases the applicant, upon approval of the Town Council, may contribute fees in lieu of providing inclusionary affordable units. Such fees shall be known as "in lieu participation fees." Applicants may make payment of in lieu participation fees in residential developments except that in lieu participation fees may not be authorized for residential developments with densities of thirteen (13) units or more per acre. a. The in lieu fee shall be calculated based on the subsidy differential between what a moderate income household (earning one hundred ten percent (110%) of current area median income), adjusted for expected household size and appropriate unit size, can afford to pay for housing and the estimated total cost of a new, non-BMR unit of appropriate size, as determined to the satisfaction of the Town. The in lieu fee shall be calculated on a project-byproject basis with the per unit fee paid subject to review and approval by the Chief of Planning. b. The in lieu fee for the entire residential development shall be due prior to occupancy of the first unit. (Ord. #2014-08, § 2)
8 or more lots or dwelling units Ownership and Rental–
Up to 20 units per
acre– 10% for lower or
moderate income income
households
21+ units per acre – 15%
for lower or moderate
income households
Applicants may make
payment of in lieu
participation fees in
residential developments
except that in lieu
participation fees may not be
authorized for residential
developments with densities
of thirteen (13) units or more
per acre.

El Cerrito El Cerrito ORDINANCE NO. 2018-02
B. In lieu fee.

1. The inclusionary housing requirement in Section 19.30.040 for For-Sale Residential Development must be satisfied by the provision of the required inclusionary Units, except when the number of required lnclusionary Units includes a fraction less than one-half (0.5). In that case, an in-lieu fee may be paid for the fractional unit. The inclusionary housing requirement in Section 19.30.040 for Rental Residential Development may be satisfied by the payment of a fee to the City in lieu of constructing the lnclusionary Units within the Residential Development, including fractional units. In either case, any fee that the Developer chooses to pay must be received by the City upon issuance of a Building Permit for the Residential Development.

2. In lieu fees shall be as follows:
a. For-sale Residential Development: For-sale lnclusionary Unit shall be [a $ amount per square foot] multiplied by the Livable Square Footage of the entire project and divided by the number of required For-sale lnclusionary Units, including fractional units. b. Rental Residential Development: If the number of required Rental lnclusionary Units is one-half (0.5) or greater, the fraction shall be rounded to the next whole number, and the Developer may either provide the Rental lnclusionary Unit or pay a fee in lieu of the Rental lnclusionary Unit. The in-lieu fee for each Rental lnclusionary Unit shall be [a $ amount per square foot] multiplied by the Livable Square Footage

3. The amount of in lieu fees established in this Section shall be included in the City's Master Fee Schedule and may be adjusted annually for inflation each July 1 using an appropriate index, as determined by the City Council.

4. If a project amendment results in a change in the total number of Dwelling Units, the in-lieu fee will be recalculated to coincide with the final approved Residential Development.

5. No Building Permit shall be issued by the City for any Market Rate Dwelling Unit in the Residential Development prior to the payment in full of all in-lieu fees to the City. The Developer shall provide both notice by recorded document against the Residential Development and, additionally, for each For-sale Dwelling Unit therein, the Developer shall provide specific written notice to any 16purchaser of any Dwelling Unit prior to the acceptance of any offer to purchase, and shall obtain executed acknowledgment of the receipt of such notice, that purchaser shall not have any right to occupy the Dwelling Unit until such time as all in lieu fees owing for the Residential Development are paid to the City.

6. All in lieu fees collected under this section shall be deposited in the City of El Cerrito Affordable Housing Trust Fund and utilized for the development of new Affordable Housing units.

Ownership– 9 or more units
Rental– 10 or more units
All residential development and
contiguous property under common
ownership or control.

Ownership: 12% for
moderate income
households.

Rental: 5% for moderate
income households and
5% for lower income
households
Ownership: An in-lieu fee may
be paid only for fractional
units when the number of
required inclusionary units
includes a fraction less than
one-half
Rental: An in-lieu fee may be
paid for all or any portion of
inclusionary units, including
fractional units.

All new residential development
projects designed and intended for
permanent occupancy located outside a
redevelopment project area
10% of all units with the
following distribution by
income for the
inclusionary units:
-20%: Very low income
households
-20%: Low income
households
40%: Moderate income
households
20%: To meet regional
housing need
Hercules Sec. 10-19.105 Exceptions to Affordability Requirement. (a) Payment of Fees In Lieu of Creation of Affordable Units. Upon request of the applicant, the City Council shall permit the applicant to pay a fee in lieu of constructing up to forty percent (40%) of the affordable units that the developer would otherwise be required to construct pursuant to Section 10-

19.104(a) of this Chapter. The amount of the fee shall be as set forth in a resolution of the City Council, which may be amended from time to time to reflect inflation and changed conditions in the City and the region. In-lieu fees shall be paid at the time and in the amount set forth in the in-lieu fee resolution in effect at the time of issuance of the building permit.

Hercules Inclusionary n/a
Ordinance
(Suspended)
H.3.b
Packet Pg. 321 Attachment: C4 Summary of Contra Costa County Inclusionary Ordinances (3218 : Inclusionary Housing) -All new development projects designed
and intended for permanent occupancy
within a redevelopment project area
15% of all units with the
following distribution by
income for the
inclusionary units: 40%
very low income
households and 60%
lower or moderate income
households.

Lafayette Lafayette Inclusionary
Ordinance
6-3707 - In-lieu fee.

This chapter establishes provisions under which an in-lieu fee is collected for inclusionary units. The city council shall establish the amount based on an appropriate fee study and shall update the fee over time. The in-lieu fee requirements of this chapter shall be effective only after the city council has adopted or updated the fee by resolution.
2 or more units in the downtown Single-Family–
15% for moderate-income
households
Multifamily ownership–
15% for lower or
moderate income
households with 9% for
lower and moderateincome households and
6% for very low-income
households
Multifamily rental–
15% for lower or
moderate income
households with 9% for
lower income households
and 6% for very lowincome households
Downtown projects of 2 to 6
units
Martinez n/a n/a n/a n/a n/a
Moraga Moraga Inclusionary
Ordinance
D. In-Lieu Fees. The Town Council shall, by resolution or other action, establish an Affordable Housing In-Lieu Fee.

Fees may be based on a fee per Market-Rate unit, fee per square foot, or any other reasonable basis. The fees may be periodically adjusted based on the annual percentage increase or decrease int he construction cost index since the last update. (1) For-Sale Units. The fee amount should represent a reasonable portion of the gap between the Affordable Sales Price at the corresponding income level and the Market-Rate sales price of for-sale housing of a similar product type. (2) Rental Units, the fee amount should represent a reasonable portion of the gap between the Affordable Rent at the corresponding income level and the market-rate rent for a similar product type over the lifetime of the affordability term. (3) Affordable Housing Fund. All fees collected shall be deposited in an Affordable Housing Fund. The monies deposited in the Affordable Housing Fund must be used to increase or maintain the supply of housing affordable to very low-,low-, and moderate-income Households, including reasonable administrative or related expenses.
(4) Applicability to Fractional Units. The In-Lieu Fee shall be applied to Fractional Units that result when the inclusionary requirements are applied to Residential Development when the Applicant chooses not to build an additional Inclusionary Unit. (5)Timing of Payment. Payment of In-Lieu Fees is due as follows:
a. For custom lot subdivisions where lots will be sold and homes will be constructed a future date, the In-Lieu Fee shall be paid at time of Final Map approval.
b. For all other Dwelling Units, the fee shall be paid to prior to building permit issuance for the project 10 or more units Ownership: 10% for
moderate income
Rental: 10% for low
income
Projects with 6-9 units may
provide one full inclusionary
unit or pay the in-lieu fee
Oakley n/a n/a n/a n/a
Orinda n/a n/a n/a n/a n/a
Pinole n/a n/a n/a n/a n/a
Pittsburg Pittsburg Inclusionary
Ordinance

18.86.080 Alternatives to construction of affordable units on-site of owner projects or low-density owner projects.

C. Fee In Lieu of Construction. Subject to the discretion of the city council, a developer of a residential project is permitted to pay fees in lieu of constructing affordable units if the city council finds that the residential project site is not suitable for affordable housing. To determine suitability for affordable housing, the city will consider issues such as proximity to schools, shopping, public transportation, and recreational amenities. In lieu fees shall be paid upon issuance of the first building permit for a residential project. If building permits are issued for only part of a residential project, the fee amount shall be based only on the number of units then permitted. The in lieu fee shall be set by the city by fee resolution or other action of the city council so that the fee amounts are equal to the cost of developing a comparable market rate unit on-site. The city council may annually review the fee authorized by this subsection, and may, based on that review, adjust the fee amount by resolution. 5 or more units Rental
Option 1– 9% for lower
income and 6% for very
low-income or
Option 2– 10% for very
low-income or
Option 3– 6% for
extremely low-income
renter units.

Owner (Low Density)
Option 1– 9% for
moderate-income and 6%
for very low-income or
Option 2– 20% for
moderate-income owner
units.

Owner (All Other)
Option 1– 9% for lowerincome and 6% for very
low-income
Option 2– 20% for lowerincome
n/a
H.3.b
Packet Pg. 322 Attachment: C4 Summary of Contra Costa County Inclusionary Ordinances (3218 : Inclusionary Housing) Pleasant Hill Pleasant Hill
Inclusionary
Ordinance

18.20.060 Inclusionary housing.

G. In-lieu fees.

1. Approval criteria. In extraordinary circumstances, the approving body may authorize the payment of a fee in lieu of providing the inclusionary units required under subsection A of this section as follows: (a) for projects of nine units or less; (b) for any fractional unit in projects of 10 or more units; or (c) if the developer demonstrates, in connection with the first approval for the development (tentative subdivision map, or development plan if no subdivision is involved), that specific characteristics of the development site make the site unsuitable for households at the required income levels. Whenever the approving body authorizes the payment of an in-lieu fee, the in-lieu fee determination shall be automatically referred to the city council or redevelopment agency, as appropriate, for review and approval.

2. Calculation of fee. The in-lieu fee shall be established annually by resolution of the city council in an amount sufficient to represent a reasonable portion of the gap between the affordable sales price (at the low income level of affordability) and the market-rate sales price for single-family housing.

In order to determine the in-lieu fee, the following amounts shall be calculated: (a) a developer’s cost to construct a dwelling less the affordable sales price (the “developer’s difference”) and (b) the market-rate purchase price less the affordable sales price (the “market-rate difference”). The in-lieu fee shall be based upon the average of the developer difference and the market-rate difference for each of the following home sizes: a 1,200 square foot, twobedroom home; an 1,800 square foot, three-bedroom home; and a 2,200 square foot, four-bedroom home. The in-lieu fee can be expressed as follows:

Developer Difference + Market-Rate Difference then divide by 2 = In-lieu fee 5 or more units Rental or ownership–
Option 1.10% for lowincome households or
Option 2. 5% for very lowincome households or
Option 3. 25% for
qualifying senior residents
as defined in California
Civil Code sections 51.2
and 51.3 or
Option 4. 20% of
accessory dwelling units
for occupancy by lowincome households.

Projects of 9 units or less
Richmond Richmond Inclusionary
Ordinance
10 or more units Ownership
Option 1– 7% for lowincome households or
Option 2– 10% for
moderate-income
households.

Rental
Option 1– 9% for very lowincome households or
Option 2– 10% for lowincome households.
n/a
San Pablo n/a n/a n/a n/a n/a
San Ramon San Ramon
Inclusionary
Ordinance
Section C4 -177. Inclusionary Housing Requirements.

For -Sale Projects. The following basic requirements apply to all new for -sale projects unless an alternative is provided by this Chapter:

1. Fewer than Ten Dwelling Units. All for -sale single- family and multi - family residential development projects between two ( 2) and nine ( 9) dwelling units may pay an affordable housing fee in -lieu of construction of affordable units. The fee shall be equivalent to 25 percent of the development' s total new residential livable square footage ( excluding garages) multiplied by the City' s cost per square foot rate as set forth in the City' s Fee Resolution. The formula below shall be used in calculating the amount of the affordable housing in -lieu fee:
25 percent of the total livable residential square footage, excluding garage) multiplied by (per square foot fee) equals ( total affordable housing in -lieu fee). The City shall deposit these fees into an Affordable Housing Fund as set forth in Section C4 -180 to mitigate the impact of the project on the need for affordable housing units.

3. Single - Family Detached Residential Developments. All for - sale single - family detached residential development projects of ten ( 10) dwelling units or more shall develop and reserve 10 percent or more of all for - sale units as affordable units to be sold to moderate - income households.

Construction of accessory dwelling units would not satisfy the Inclusionary Requirement of the project. Alternatively, the single - family detached residential project can opt to pay an affordable housing fee equivalent to 10 percent of the development' s total new residential livable square footage ( excluding garages) multiplied by the City' s cost per square foot rate as set forth in the City' s Fee Resolution. The formula below shall be used in calculating the amount of the affordable housing in - lieu fee: 10 percent of the total livable residential square footage, excluding garage) multiplied by ( per square foot fee) equals ( total affordable housing in - lieu fee). The City shall deposit these fees into an Affordable Housing Fund as set forth in Section C4 - 180 to mitigate the impact of the project on the need for affordable housing units 2 or more units Ownership: 15% with
inclusionary units
allocated by income level
as follows
20% Very Low
30% Low Income
50% Moderate income
Rental: 15% with
inclusionary units
allocated by income level
as follows:
50% Very Low
50% Low Income
Projects between 2-9 units
Walnut Creek Walnut Creek
Inclusionary
Ordinance
Sec. 10-2.3.905. Affordable Housing In-Lieu Fees.

A. As provided in Section 10-2.3.904, a fee may be paid in lieu of providing (1) inclusionary units in an ownership project (other than condominium conversion), (2) inclusionary units in a rental project, (3) inclusionary units in a condominium conversion project of fewer than seven (7) units, and (4) fractional inclusionary units below seven-tenths (0.7) of a unit.

B. For residential development projects constructed in phases, in-lieu fees shall be paid prior to issuance of each building permit in the proportion that the phase bears to the overall residential development project.

C. Notwithstanding any other provision of this chapter, to the extent that an ownership project (other than condominium conversion) or a rental project involves the demolition of existing dwelling units at a ratio of one-half (0.5) or greater to the construction of new dwelling units, the affordable housing inlieu fee and the requirements to provide inclusionary units shall be based upon the number of net new dwelling units to be constructed.

D. The City Council shall, from time to time, adopt a resolution setting forth the amount of the inlieu fees.

E. Fractional in-lieu fees shall be calculated as follows: The per square foot in-lieu fee divided by the applicable inclusionary requirement times the average square feet of a unit in the development times the fractional unit.

F. All fees shall be paid by the developer prior to issuance of a building permit for any residential structure in the development project or as determined by the residential development project's adopted conditions of approval.

G. The in-lieu fees shall not exceed the average estimated cost of otherwise providing the required inclusionary units affordable to a very low income household, a low income household or a moderate income household, as applicable, including but not limited to: (1) estimated construction costs, (2) the cost of land, (3) financing costs, (4) consultant costs (including without limitation architecture, engineering, and other costs), and (5) any indirect costs. (§4, Ord. 2025, eff. 3/18/04; §5, Ord. 2077, eff. 5/8/09; §1, Ord. 2085, eff. 2/20/10; §1, Ord. 2095, eff. 1/15/11; §4, Ord. 2178, eff. 1/5/18) No specific threshold; depends upon
the total number of dwelling units in the
project and the type of inclusionary
units being included
Ownership:

Option 1– 10% for
moderate income or
Option 2– 7% for low
income
Option 3– 6% for very low
income
Rental:

Option 1– 10% for low
income rental units or
Option 2– 6% for very low
income
n/a
H.3.b
Packet Pg. 323 Attachment: C4 Summary of Contra Costa County Inclusionary Ordinances (3218 : Inclusionary Housing)