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3. Couple with incentives and concessions. <br />From both a legal and a practical standpoint, an inclusionary -housing policy <br />should include incentives and concessions for developers to help offset the <br />cost of providing the affordable units. Common concessions and incentives <br />include: <br />+ Density increases, including the option of greater density increases <br />in exchange for higher percentages of affordable units. <br />+ Waivers of development standards, such as height and setback <br />requirements. <br />+ Reduction in or a waiver of minimum parking requirements, <br />especially for projects located in transit areas. <br />+ Expedited permit processing or ministerial approval. <br />+ Waiver, reduction or deferral of development fees, either on <br />the inclusionary units or the entire project. <br />+ Direct financial subsidies. <br />California law requires that developers who comply with an on-site inclusion- <br />ary requirement that meets the affordable -housing requirements of the state <br />Density Bonus Law must receive all of the benefits to which they are entitled <br />under that law. These benefits include a density increase, concessions and <br />incentives, waivers of development standards and reduced parking require- <br />ments. For example, a project that includes 20% of units affordable to <br />low-income households is entitled to a 35% density bonus, two concessions <br />or incentives and various other benefits provided under the state law. <br />4. Establish clear development standards. <br />In addition to specifying the percentage of affordable units and at which <br />income levels, an ordinance should establish clear standards for the <br />inclusionary units. Among such best practices: <br />+ The affordable units must be indistinguishable from the market -rate <br />units in the development, at least outwardly. <br />+ The project includes a similar mix of unit types. For example, if <br />a multifamily rental development will have an equal number of <br />1-, 2- and 3 -bedroom units,the affordable units should also <br />incorporate an equal mix of 1-, 2- and 3 -bedroom units. Many <br />ordinances also require that inclusionary units be the same square <br />footage as the market -rate units, although in some cases jurisdictions <br />have built in flexibility to reduce square footage while including <br />the same number of bedrooms to reduce project costs. <br />+ Inclusionary units must be located throughout the development <br />rather than clustered in one area. <br />+ Residents of the affordable units must have access to all amenities — <br />such as a pool, a fitness center and parking — that market -rate <br />residents have. <br />The affordable units must be completed either prior to or concurrent <br />with the market -rate units, and prior to issuance of a certificate of <br />occupancy. <br />ACCESSORY DWELLING UNITS: For single-family for -sale developments, <br />some jurisdictions have allowed accessory dwelling units (ADUs) as a way <br />to fulfill an inclusionary requirement. This is not considered a best practice <br />and should be avoided. While cities and counties should encourage the <br />construction of ADUs, which can be a land- and cost-efficient way of <br />expanding a community's housing supply, they are problematic from <br />an inclusionary standpoint. <br />ADUs are readily distinguishable from the other units in a for -sale develop- <br />ment,and may raise equity and fair -housing concerns if used as the means <br />for achieving compliance with an inclusionary policy. <br />ADUs are also typically studios or 1 -bedrooms rather than a match of the <br />bedroom mix of the primary development, and are often designed as"micro" <br />or "efficiency" units without similar amenities as the primary development. <br />They are challenging to deed -restrict and monitor, and are unlikely to provide <br />the long-term affordability that an inclusionary ordinance should require. <br />MEETING CALIFORNIA'S HOUSING NEEDS: BEST PRACTICES FOR INCLUSIONARY HOUSING a <br />