Inclusionary Housing Program

Inclusionary HOUSING Zoning Ordinance

Effective June 14, 2018
Frequently Asked Questions (FAQ) for Developers

This page is for information purposes only. Please read the ordinance for all legal requirements.
IZ Process
Where can I read more about the inclusionary housing requirements?
El Cerrito Municipal Code, Title 19 - ZONING – Chapter 19.30 – Inclusionary Zoning

What type of projects are required to provide inclusionary housing?
All new residential development that includes 9 or more rental dwelling units, 10 or more for-sale dwelling units or any combination of 9 or more for-sale and rental dwelling units are required to participate in the Inclusionary Housing Program.

How is the in-lieu fee calculated?
The in-lieu fee is calculated by multiplying the total livable square footage of all residential units in the entire project by the fee amount below.

How much is the in-lieu fee?
For rental projects that elect to pay the fee in-lieu of providing the on-site units, the fee shall be equal to $18.00 per square foot.

For for-sale projects, 12% of the total number of units shall be made available for purchase by moderate-income households. The City will collect an in-lieu fee only for the fractional unit owed if less than 0.5. The fee shall be equal to $21.00 per square foot.

What is a fractional unit?
When the on-site unit calculation - 12% for-sale or 10% rental – yields a fractional number equal to 0.5 or more, the developer must provide an additional unit. When the on-site unit calculation yields a fractional number less than 0.5, the developer has the option of: 1.) rounding up to the next whole number and providing an additional inclusionary unit or 2.) paying a fractional in-lieu fee.

When is the in-lieu fee due?
All in-lieu fees are due prior to issuance of the building permit.

Can inclusionary units also be used to qualify for the State Density Bonus Program?
Inclusionary units may be used to qualify for the State Density Bonus Program. However, the project is required to meet the inclusionary requirements specified in Chapter 19.30.040.

At what point should a rental project decide if inclusionary units will be provided on-site or through payment of the in-lieu fee?
Whether you elect to provide units on-site or pay the fee, all applicants must select their compliance option at the time of application submittal.

If a project was approved prior to the ordinance effective date, what are the inclusionary requirements?
Any project application deemed complete or entitled by the ordinance effective date is not subject to the Inclusionary Zoning Ordinance. However, if building permits are not issued within 2 years of entitlement, the project will then be subject to the requirements contained in Chapter 19.30 - Inclusionary Zoning. Please speak with your planner if you have further questions.

What documentation is required to comply with the Inclusionary Zoning Ordinance?
Please visit the Planning Division website to download all required documents. Please complete all required forms/checklists, including the Affordable Housing Plan Checklist, whether paying the in-lieu fee or providing units on-site when submitting an application for new development.

How does the City use in-lieu fees?
The fees will be deposited into the City’s Affordable Housing Trust Fund and used to construct, acquire and/or preserve affordable housing.

Questions or Comments?
Please contact Aissia Ashoori, Affordable Housing Analyst,