HomeMy Public PortalAbout01. LDC 10.06.05010.06.030 Dedications, Reservations, and Exactions
10-80 Livermore Planning and Zoning Code
b. The subdivider has executed the standard City contract for real property
acquisition and deposited the estimated acquisition costs into a City trust
account, and the subdivider has formally requested and the Council has
approved a resolution of intent to use its powers of condemnation to acquire
the rights-of-way and/or easements.
5HVHUYDWLRQV
$ *HQHUDO :here a Àre station, library, parN, recreational facility, or other public use is
shown on the *eneral 3lan or applicable speciÀc plan, and the plan contains policies and
standards for those uses, the City may require a subdivider to reserve sites for those
uses as a condition of approval of a tentative map. (Section 66479)
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1. The reserved area shall be of a size and shape as to permit:
a. The balance of the property to develop in an orderly and efÀcient manner and
b. The reserved area to be efÀciently used or divided if it is not acquired by a
public agency.
2. The amount of land reserved may not render development of the remaining land
economically unfeasible.
& $FTXLVLWLRQ The public agency for whose beneÀt an area has been reserved shall at
the time of Ànal or parcel map approval enter into an agreement to acquire the area
within two years, or longer by mutual agreement (Sections 66480, 66481).
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The City may not approve a tentative or Ànal map if the proposed subdivision fronts upon
a public bay, lake, reservoir, river, shoreline, stream, or waterway, unless the subdivision
provides reasonable public areas from a public street to that portion of the bank or
shoreline bordering or lying within the subdivision (Sections 66478.4, 66478.11, 66478.12).
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$5HTXLUHPHQWă5HVLGHQWLDO6XEGLYLVLRQV As a condition of approval for each
tentative or vesting tentative map having residential parcels, the subdivider is required to
either provide a percentage of the units as affordable housing or satisfy this requirement
by an alternative means, all as speciÀed below. 8nder either option, the subdivider shall
comply with the applicable implementation measures speciÀed in subsections ' through
F of this section. The affordable housing costs for very-low-, low-, and moderate-income
households shall be determined annually by Council resolution. The housing costs shall
be adjusted for family size and not exceed 30 percent of the household’s gross income.
Subdivision applications for the development of rental units are exempt from the
requirements of this section, except rental units located in a Neighborhood Plan area
shall comply with the speciÀc requirements for rental units of this section.
(Revised 3/14)
10.06.050Dedications, Reservations, and Exactions
10-81Livermore Planning and Zoning Code
1. Provide Affordable Housing.
a. General Plan Area. In the General Plan area, provide that at least 15 percent
of the total dwelling units shall be affordable housing as follows (in this section,
“General Plan area” means everywhere in the City, except the Downtown
SpeciÀc Plan area):
(1) For-Sale 8nits. The affordable housing units for for-sale residential
subdivisions must be sold to low- and moderate-income households. Of
the total number of dwelling units (15 percent) set aside, at least seven
and one-half percent shall be reserved for sale to low-income households
with the balance set aside for moderate-income households. Whenever the
inclusionary requirement results in an odd number of units, the majority of
units shall be provided as low-income.
(2) Rental 8nits. The affordable housing units for rental residential subdivisions
must be dedicated to the City or an approved nonproÀt housing group,
which must then rent the units to very-low- and low-income households. Of
the total number of dwelling units (15 percent) set aside, at least seven and
one-half percent shall be reserved for rental to very-low-income households
with the balance set aside for low-income households. Whenever the
inclusionary requirement results in an odd number of units, the majority of
units shall be provided as very-low-income. In lieu of dedicating affordable
units on site, the affordable housing requirement may be satisÀed by one of
the alternative means of compliance speciÀed in subsection ( of this section
without prior City Council approval.
b. Downtown SpeciÀc Plan. In the Downtown SpeciÀc Plan area, provide that
at least 10 percent of the dwelling units in each project shall be affordable
housing that is either reserved for sale to low-income households or dedicated
to the City or an approved nonproÀt housing group for rental to low-income
households.
2. Alternatives. With City Council approval, satisfy this requirement by one of the
alternative means of compliance speciÀed in subsection ( of this section.
%5HTXLUHPHQWă&RPPHUFLDO6XEGLYLVLRQ As a condition of approval for each
tentative or vesting tentative map having commercial parcels, the subdivider is required
to pay the affordable housing fee established in compliance with Chapter 3.26 LMC.
&,PSOHPHQWDWLRQă6HFXULW\ The subdivider shall provide security to satisfy this
affordable housing requirement before approval of a Ànal map. The security shall be
one or a combination of the following and appropriate to the intended method of
compliance:
1. A deed restriction on speciÀc parcels totaling 15 percent (or 10 percent in the
Downtown SpeciÀc Plan area) of the residential parcels on the map, and a bond to
cover the cost of constructing homes on those parcels which are affordable;
2. A bond to cover the housing in-lieu fee;
3. A grant deed to the City dedicating land;
4. A written agreement, with Ànancial security, to provide secondary units or off-site
construction; or
5. Other appropriate security approved in writing by the City Attorney.
(Revised 3/14)
10.06.050 Dedications, Reservations, and Exactions
10-82 Livermore Planning and Zoning Code
',PSOHPHQWDWLRQă&RQVWUXFWLQJ$IIRUGDEOH8QLWV When the subdivider intends
to construct the affordable housing units within the proposed development project, the
subdivider shall comply with all of the following requirements:
1. Security. The subdivider shall provide security for the reserved units before a Ànal
map is approved, as speciÀed in subsection C of this section. The reserved units
shall be identiÀed on a tentative map or other development plan approved by the
City.
2. Reserved 8nits.
a. General Plan Areas.
(1) For-Sale 8nits. The subdivider shall reserve 15 percent or more of the
for-sale units as affordable units to be sold to low- and moderate-income
households at a price that does not exceed the maximum affordable
purchase price for a unit for those households. The maximum purchase price
for low- and moderate-income households shall be as adopted annually by
Council resolution.
(a) At least seven and one-half percent of the reserved units shall be
set aside for low-income households, with the balance set aside for
moderate-income households.
(b) Whenever the inclusionary requirement results in an odd number of
units, the majority of units shall be provided as low-income.
(c) The for-sale units shall be encumbered in a manner acceptable to the
City, so that if a buyer resells the reserved unit within the restricted
time period for a price in excess of the inÁation-adjusted purchase price,
then the excess proÀt will be returned to the City for use in affordable
housing programs.
(2) Rental 8nits. If the subdivider elects to construct reserved units on site,
the subdivider shall dedicate 15 percent or more of the rental units to the
City or an approved nonproÀt housing group as affordable units and at a
cost not to exceed the maximum affordable price for the units. The City
or the approved nonproÀt housing group must then rent the affordable
units to very-low- and low-income households at a cost that does not
exceed maximum monthly rental rates for those households. The maximum
affordable price for the units and the maximum monthly rental rates for
very-low- and low-income households shall be adopted annually by Council
resolution.
(a) At least seven and one-half percent of the reserved units shall be set
aside for very-low-income households, with the balance set aside for
low-income households.
(b) Whenever the inclusionary requirement results in an odd number of
units, the majority of units shall be provided as very-low-income.
(c) The rental units shall be managed by an experienced management
company acceptable to the City.
b. Downtown SpeciÀc Plan Area. The subdivider shall reserve 10 percent or more
of the for-sale units to be sold to low-income households at a price that does
not exceed the maximum affordable purchase price for the units. The subdivider
shall dedicate 10 percent or more of the rental units to the City or an approved
nonproÀt housing group as affordable housing and at a cost not to exceed the
maximum affordable price for the units. The City or the approved nonproÀt
(Revised 3/14)
10.06.050Dedications, Reservations, and Exactions
10-83Livermore Planning and Zoning Code
housing group must then rent the affordable units to low-income households at
a cost that does not exceed maximum monthly rental rates for the units. The
maximum purchase price for the for-sale units, the maximum affordable price
for the rental units, and the maximum monthly rental rates for low-income
households shall be adopted annually by Council resolution. For-sale units shall
be encumbered in a manner acceptable to the City, so that if a buyer resells
the reserved unit within the restricted time period for a price in excess of the
inÁation-adjusted purchase price, then the excess proÀt will be returned to the
City for use in affordable housing programs.
3. Fifty-Five-Year Restriction.
a. The subdivider shall ensure the affordability of the reserved units by a 55-year
or more deed restriction, for either rental or for-sale housing.
b. The City may negotiate a reduction in the reservation period speciÀed in
subsection D.3.a of this section, if some of the for-sale units are reserved for
very-low-income households.
4. Timing of Construction. The subdivider shall construct the reserved units
concurrently with other units, unless the conditions of approval provide otherwise,
or unless both the City and subdivider agree in writing to an alternative schedule for
development.
5. Comparability of 8nits.
a. The subdivider shall construct reserved units which are representative of the
project as a whole, with comparable types of units, bedroom mix, and exterior
appearance.
b. From the street, the reserved units shall not be distinguishable from other units
in the project.
c. The average number of bedrooms for all affordable units in a project shall equal
the average number of bedrooms for all other units in the project, up to a limit
of three bedrooms per unit.
d. The number of bathrooms per bedroom shall equal the proportion of
bathrooms in the market-priced units.
e. Affordable units shall have air-conditioning, enclosed garages, and laundry
facilities to the extent market-priced units have those amenities.
f. Notwithstanding these requirements for comparability of units, the affordable
units shall meet or exceed the gross Áoor areas speciÀed in Table 10.2 (Minimum
Gross Floor Area):
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Number of Bedrooms Units Reserved for Rent Units Reserved for Sale
Studio unit 600 square feet 600 square feet
One bedroom unit 750 square feet 750 square feet
Two bedroom unit 1,000 square feet 900 square feet
Three bedroom unit 1,250 square feet 1,000 square feet
Four bedroom unit 1,500 square feet 1,250 square feet
(Revised 3/14)
10.06.050 Dedications, Reservations, and Exactions
10-84 Livermore Planning and Zoning Code
6. Mix of Product Types. The mix of product types of reserved units shall reÁect the
overall mix of market-rate product types provided in the project (i.e., if the project
provides a mix of single-family detached homes, townhomes, and/or multifamily units,
the reserved units should reÁect a comparable mix).
7. Location. The subdivider shall construct reserved units in locations dispersed
throughout the project rather than concentrated in one portion or area of the
project.
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1. Satisfy Housing Requirement. The following alternatives may satisfy part or all of the
affordable housing requirement.
2. Council Approval Required. Alternatives to constructing affordable units on site
speciÀed in subsections (. 4. a through (.4.d of this section require prior Council
approval.
3. Before Application Submittal. A request to use one of these alternatives shall be
presented to the Council before a tentative subdivision map application is submitted
to the City.
4. Report Required. The request shall be accompanied by a report proposing the
particular alternative requested, how the alternative will further affordable housing
opportunities in the City, and demonstrating why it is not feasible for the applicant
to construct affordable units within the development project (through independent
data, including Ànancial information).
a. Secondary Dwelling 8nits.
(1) In a project of more than 50 dwelling units, up to 20 percent of the
requirement for reserved units may be satisÀed by including secondary
dwelling units accessory to the market-priced units.
(2) Each secondary dwelling unit provides a credit of 20 percent of a required
affordable unit, without regard to unit size or other minimum standards
speciÀed in subsection D.5 of this section (Comparability of 8nits).
(3) The secondary dwelling unit shall comply with the standards speciÀed in
Section 6.03.120 (Secondary Dwelling 8nits).
b. Off-Site Construction.
(1) A subdivider may satisfy the affordable housing requirement by constructing,
or making provisions to construct, reserved housing units on a site other
than the primary project site.
(2) The off-site units are subject to the standards speciÀed in subsections D.1
through D.5 of this section.
c. In-Lieu Fee.
(1) A subdivider may satisfy the affordable housing requirement by paying an in-
lieu fee for each market-priced unit.
(2) The method of calculating the in-lieu fee is speciÀed in LMC 3.26.050.
(3) Whenever the number of affordable units required to be constructed
includes a fraction of a unit, the payment of a proportional in-lieu fee shall
satisfy that partial unit requirement.
(Revised 3/14)
10.06.060Dedications, Reservations, and Exactions
10-85Livermore Planning and Zoning Code
(4) For residential subdivisions with 10 or fewer units, a subdivider may satisfy
the affordable housing requirement by paying an in-lieu fee for each market-
priced unit.
d. Dedication of Land.
(1) A subdivider may satisfy the affordable housing requirement by dedicating
to the City a parcel of land suitable for development of housing units equal
to or exceeding the number of affordable units required to be provided in
compliance with this section.
(2) The General Plan designation and zoning designation on the land proposed
for dedication shall be consistent with the intended use of the property, and
there shall be direct access to improved streets and utilities.
e. Residential Rental Projects. Instead of dedicating an affordable rental unit to
the City or an approved nonproÀt housing group, a subdivider may satisfy the
affordable housing requirement by:
(1) Entering into a written agreement with the City to assume the responsibility
to rent the units to very-low-, low-, or moderate-income households
(depending on the status of the reserved unit) consistent with this section;
or
(2) Implementing one of the alternative means of compliance in this subsection
E.
) (QIRUFHPHQW Enforcement provisions regarding this section are speciÀed in Chapter
9.20 (Enforcement) and Section 9.20.070 (Violations). (Ord. 1988 § 1 (Exh. A), 2014;
Ord. 1973 § 1, 2012; Ord. 1902 § 1 (Exh. A), 2010)
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$ %LF\FOHSDWKV If a subdivision contains 200 or more parcels, the subdivider may be
required to dedicate land to provide bicycle paths for the use and safety of the residents
of the subdivision (Section 66475.1).
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1. The City may require a subdivider to dedicate land within the subdivision for local
transit facilities (e.g., bus benches, shelters, turnouts, landing pads, and similar items)
that directly beneÀt the residents of the subdivision.
2. Only the payment of fees in lieu of the land dedication may be required in the
subdivision of airspace in existing structures converted into community apartment
projects, condominium projects, or stock cooperatives (Section 66475.2).
(Revised 3/14)