California Coalition for Rural Housing

Working to ensure affordable housing opportunities for low income and rural households since 1976.

California Inclusionary Housing Policy Database

 

Benicia, Solano County

download the full policy: Benicia AH IH Muni Code.pdf (0.08 MB pdf)

Policy and Jurisdiction Information

Population: 26,865
Land Area (sq mi.): 12.9
Year Adopted: 2000
Compliance Type: mandatory
Policy Type: zoning
   

Developer Options

Construction Alternatives

  • (offered)conversion to affordable housing
  • (offered)credit transfer
  • (offered)in-lieu fee
  • (offered)land dedication
  • (not offered)off-site construction

In-Lieu Fee Structure: formula

General. The city council may allow a developer to meet the requirements of this section by paying an in-lieu housing fee. At the time of application for a discretionary or building permit, whichever comes first, a developer desiring to pay the in-lieu fee shall submit a request to pay the in-lieu fee along with a report identifying all overriding conditions impacting the project that prevent the developer from meeting the requirement to construct the inclusionary units; sufficient independent data, including appropriate financial information, that supports the developer’s claim that it is not feasible to construct the required inclusionary units; and a detailed analysis of why the various concessions and incentives identified in subsections (L), (M), (N), (O), (P), and (Q) of this section cannot mitigate the developer’s identified conditions that are preventing him/her from constructing the inclusionary units. The community development director shall review all such requests and prepare a recommendation for the city council. Such requests shall be considered on a case-by-case basis by the council and may be approved, at the council’s sole discretion, if the council determines that there are overriding conditions impacting the project that prevent the developer of a residential development from meeting the requirement to construct inclusionary units and that payment of the in-lieu fee will further affordable housing opportunities.

Incentives

  • (not offered)clustering of IH units
  • (not offered)delayed building of IH units
  • (offered)density bonus
  • (offered)fast-track processing
  • (offered)fee deferral
  • (offered)fee reduction
  • (offered)fee waiver
  • (offered)flexible design standards
  • (not offered)growth control extension
  • (offered)subsidies
  • (not offered)tax abatement
  • (not offered)(other)

Requirements

  Rental Units Ownership Units
IH Requirement Threshold 10 units 10 units
% Production Required fixed formula; 10% fixed formula; 10%
Targeted Groups
  • (not offered)extremely low income
  • (offered)very low income
  • (offered)low income
  • (not offered)moderate income
  • (not offered)above-moderate income
  • (not offered)senior
  • (not offered)extremely low income
  • (offered)very low income
  • (offered)low income
  • (not offered)moderate income
  • (not offered)above-moderate income
  • (not offered)senior
Length of Affordability 30 years 30 years

Production Data

Production data not available for this jurisdiction.


Residential building permit activity 5 years before and after adoption of ordinance:

Other Notes

Any residential development of 10 or more units shall include 10 percent of the total number of market rate dwelling units within the development as units affordable to, and occupied by, very-low- and low-income households, for a minimum of 30 years from the recordation of each resale control agreement or affordable rental restriction agreement, as the case may be, for the units. One-half of the total number of inclusionary units within the development shall be designated as units affordable to, and occupied by, very-low-income households and one half of the total number of inclusionary units within the development shall be designated as units affordable to, and occupied by, either very-low- or low-income households. When the number of inclusionary units to be provided is an odd number (i.e., 10 percent of 10 units is one), the odd-numbered unit shall be provided at a level affordable to a household with an income of not more than 60 percent of area median income. The city council may approve an alternative of equivalent value to satisfy all or part of the inclusionary requirement, including payment of in-lieu housing fees, dedication of developable land, or an alternative in-lieu contribution package.

last updated March 24, 2008