Agenda

Return

C. 43

To:	Board of Supervisors
From:	John Kopchik, Director, Conservation & Development Department
Date:	December 13, 2022

Contra

Costa

County

Subject:

Approval and Authorization of Density Bonus and Inclusionary Housing Developer Agreement for Alves Lane Apartments in Bay Point

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/13/2022

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

ABSENT:

John Gioia, District I Supervisor

Contact:

925-655-3887

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 13, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a Density Bonus and Inclusionary Housing Developer Agreement, requiring the construction and rental of 13 affordable units for Alves Lane Apartments project, a 100-unit housing development located in the Bay Point area.

FISCAL IMPACT:

There is no fiscal impact to the County for entering into the Agreement. The applicant is responsible for the payment of all fees associated with this development, including annual monitoring and review costs.

BACKGROUND:

Alves Lane Apartments (“Development”), located on two parcels on Alves Lane and Canal Road east of Virginia Drive and west of Chadwick Lane in Bay Point, is a development of 100 residential rental units, including 18 one-bedroom units, 36 two-bedroom units, 36 three-bedroom units, and 10 four-bedroom units, all located in one building. The County Planning Commission approved the Development on January 26, 2022. The Development was subject to the County’s Inclusionary Housing Ordinance, and the approval included conditions requiring the construction and rental of 13 inclusionary units on site. The developer submitted, and the County has approved, the inclusionary housing plan and request for a density bonus received on March 31, 2022, and the revised location plan dated March 24, 2022.

A Density Bonus and Inclusionary Housing Developer Agreement (“Agreement”) is required by the County’s Density Bonus and Inclusionary Housing Ordinances and the project’s entitlement approvals to implement the project’s inclusionary housing obligations. Staff has prepared the attached Agreement between the County and Alves Lane, L.P., the current property owners. If the property is sold to another developer, the Agreement will run with the land, and the new developer will be subject to the Agreement’s obligation.

The Agreement requires the developer to construct and rent 13 affordable units. It covers the ongoing obligations of the developer and the County over the 55-year term, under which the 13 units will be provided as affordable housing units. Of the 13 units, three must be affordable to very low-income households, and 10 affordable to lower-income households in exchange for a twenty percent (20%) density bonus, parking ratios pursuant to Government Code 65915, and reductions in development standards. The affordable units must be constructed and occupied on

the same schedule as the market rate units and have the same exterior appearance, with the same average number of bedrooms as the market rate units. The attached Final Inclusionary Housing Plan identifies where the affordable units will be located throughout the development. County staff will monitor the rental of affordable units to ensure compliance with the affordability restrictions.

CONSEQUENCE OF NEGATIVE ACTION:

The Alves Lane Apartments project was approved with conditions for the developer to enter into a Density Bonus and Inclusionary Housing Developer Agreement pursuant to the County’s Density Bonus and Inclusionary Housing Ordinances. The consequences of negative action would delay the project’s development, as an executed agreement is required prior to the issuance of building permits.

CHILDREN'S IMPACT STATEMENT:

The recommendation supports the following children's outcomes:
(4) Families that are Safe, Stable, and Nurturing; and
(5) Communities that are Safe and Provide a High Quality of Life for Children and Families