16.036.030 INCLUSIONARY UNIT REQUIREMENT
A. Rental Units. A total of five percent (5%) of all newly constructed rental units shall be low income units, and a total of ten percent (10%) of all newly constructed rental units shall be moderate income units.
B. For-Sale Units. A total of five percent (5%) of all newly constructed for-sale units shall be Claremont low income units, and a total of ten percent (10%) of all newly constructed for-sale units shall be moderate income units.
C. In the event the calculation for the number of inclusionary units results in a fraction of an inclusionary unit, the developer shall have the option of either:
1. Providing a full inclusionary unit within the housing development project at the applicable affordability level; or
2. Making an in lieu payment to the inclusionary housing fund in an amount equal to the percentage represented by the fractional unit multiplied by the applicable in lieu fee.
D. For purposes of calculating the number of inclusionary units required by this chapter, any additional units authorized as a density bonus under Chapter 16.033 and California Government Code Section 65915 shall not be counted in determining the required number of inclusionary units.
E. Subject to the exceptions listed below, while the Housing Accountability Act (Section 65589.5 of the California Government Code) and Section 56941.1 of the California Government Code are in effect, and provided the housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, the number of inclusionary units required for a housing development project will be determined based on the requirements that are or were in effect as of the latter of: (1) the date the City’s Community Development Department received a complete preliminary application that fully complies with Section 56941.1 of the California Government Code and any checklist or application form developed by the City; (2) or the date the City received full payment of any applicable filing fee for review of the preliminary application. If a housing development project does not require any discretionary approvals, submittal of a complete application for a building permit shall serve as the preliminary application.
F. The required number of inclusionary units required for a housing development project shall be recalculated in the following circumstances:
1. Change in Number of Units. If a change in the housing development project results in a change in the total number of units, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision under Chapter 16.033 and California Government Code Section 65915, the number of inclusionary units required shall be recalculated based on the inclusionary housing requirements in effect as of the date of submittal of the revised housing development project.
2. Change in Square Footage. If a change in the housing development project results in the square footage of construction changing by twenty percent (20%) or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision under Chapter 16.033 and California Government Code Section 65915, the number of inclusionary units required shall be recalculated based on the inclusionary housing requirements in effect as of the date of submittal of the revised housing development project. For purposes of this subdivision, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).
3. Failure to Timely Submit a Complete Application. If the City’s Community Development Department does not receive an application for the housing development project within one hundred and eighty (180) days of receipt of the preliminary application, or if the City’s Community Development Department does not receive a complete application within ninety (90) days of notifying the applicant that the application is incomplete, then preliminary application shall expire and have no further force or effect, and the number of inclusionary units required shall be recalculated based on the inclusionary housing requirements in effect as of the date of submittal of a new preliminary application.
G. For housing development projects that do not comply with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, and for all housing development projects if the Housing Accountability Act (Section 65589.5 of the California Government Code) or Section 56941.1 of the California Government Code are repealed or expire, the number of inclusionary units required for a housing development project will be determined based on the requirements that are or were in effect as of the latter of: the date the City’s Community Development Department received a complete submittal of a proposed inclusionary housing plan; or the date the City received full payment of any applicable filing fee for review of the proposed inclusionary housing plan. (21-04; 18-10; 13-03; 08-05)