A.
The
purpose of this chapter is to facilitate the development and availability
of housing affordable to a range of households with varying income
levels within the city through creation and imposition of a fee on
new nonresidential development, which will partially fund the need
for affordable housing created by the workforce of new development.
B.
The
requirements of this chapter are based on a number of factors, including,
but not limited to, the city's long-standing commitment to increasing
opportunities for affordable housing; the immediate need for affordable
housing, as reflected in local, state, and federal housing regulations
and policies; the demand for affordable housing created by nonresidential
development; and the impact that the lack of affordable housing production
has on the health, safety, and welfare of the city's residents including
its impacts on traffic, transit and related air quality impacts, and
the demands placed on the regional transportation infrastructure.
Imposing a fee that is reasonably related to the burdens created by
new nonresidential development on the city's need for affordable housing
will enable the city to fund development of affordable housing units
that will contribute to addressing these impacts and fulfilling these
goals.
C.
It is
the intent of the city council that the fee required by this chapter
shall be supplementary to any conditions imposed upon a development
project pursuant to other provisions of this code, the Subdivision
Map Act, the California Environmental Quality Act, and other state
and local laws, which may authorize the imposition of project-specific
conditions on development.
(Ord. No. 991 § 2, 2022)
For the purpose of this chapter, the following words, terms,
and phrases shall be defined as set forth below:
means the fee paid by a developer of a nonresidential development
project to mitigate the impacts that such a project has on the demand
for affordable housing in the city.
means a fund or account designated by the city to maintain
and account for all monies received pursuant to this chapter.
means uses that include, but are not limited to, hospitals,
places of worship, museums, educational facilities (public K-12 schools,
community colleges, and colleges and universities), youth and recreational
facilities, retirement or rest homes, emergency shelters, and other
such institutional uses which serve the public, as determined by the
director.
means any person, firm, partnership, association, joint venture,
corporation, or any entity or combination of entities, which seeks
or applies for city approvals, permits or entitlements for all or
part of a non-residential development project.
means the engineering services director.
has the same meaning as set forth in section 17.126.020 ("Floor area, gross").
has the same meaning as that set forth in section 17.126.020 ("Development, mixed use").
means the construction or the addition of new nonresidential
gross floor area, or the conversion from a use exempt from the affordable
housing development impact fee to a use subject to the affordable
housing development impact fee. Nonresidential development includes
retail/commercial, office, industrial, warehouse, and research and
development uses.
(Ord. No. 991 § 2, 2022)
A.
Requirement.
An affordable housing development impact fee is hereby imposed on
all nonresidential development projects, except those exempt projects
identified below. No application for a building permit for a nonresidential
development project shall be approved, nor shall any such nonresidential
development project be constructed, without first complying with this
chapter. The fee imposed by this chapter shall be paid by each developer
no sooner than issuance of a building permit and no later than issuance
of a certificate of occupancy for the structure. No certificate of
occupancy shall be issued for a nonresidential development project
that has not paid the fee required under this chapter. The amount
of the fee shall be calculated at the time the fee is paid, based
upon the rate then in effect.
B.
Exemptions. Notwithstanding subsection A above, this chapter shall not apply to the following:
1.
Any
nonresidential development project with a gross floor area of 10,000
square feet or less;
2.
Community
land uses which serve the public, as defined by this chapter;
3.
Reconstruction
of any building that was destroyed by fire, flood, earthquake or other
act of nature, so long as the square footage does not exceed the square
footage before the loss;
4.
The
residential portion of a mixed-use development project;
5.
Utility,
transportation, public facility, and communication uses;
6.
Any
nonresidential development project developed by a public agency;
7.
The
nonresidential area of any mixed-use project that includes at least
five percent of the total number of residential units reserved for
extremely low-, very low-, or low-income households. The applicant
shall enter into a regulatory agreement with the city to preserve
the units at such income levels for at least 45 years. The agreement
shall be recorded as a deed restriction against the property.
(Ord. No. 991 § 2, 2022)
A.
The
requirements of this chapter may be adjusted or waived by the city
council if the developer demonstrates that an insufficient nexus exists
between the proposed use and the affordable housing development impact
fee. The developer shall submit documentation demonstrating this with
a request for an adjustment or waiver in writing to the director no
later than ten days prior to the public hearing on the development
permit application for the project or, if no development permit is
required, at the time of the filing of the request for a building
permit. The developer shall provide such additional information as
may be required by the director to process the request for consideration
by the city council.
B.
The
requirements of this chapter may be adjusted or waived by the city
council if the developer demonstrates that applying this chapter would
constitute a taking of property without just compensation in violation
of the United States and/or California Constitutions. The developer
shall submit a request for an adjustment or waiver in writing to the
director no later than ten days prior to the public hearing on the
development permit application for the project or, if no development
permit is required, at the time of the filing of the request for a
building permit than the date it files its initial development application
with the city. The developer shall provide such additional information
as may be required by the director to process the request for consideration
by the city council.
(Ord. No. 991 § 2, 2022)
If a development is exempt from the fee at initial construction, but later converts to a nonresidential development project subject to the fee, the converted square footage will be deemed new gross floor area and the affordable housing development impact fee shall be paid pursuant to section 3.76.030 of this chapter. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect.
(Ord. No. 991 § 2, 2022)
All funds derived from this chapter shall be placed in a separate
and distinct affordable housing development impact fund and used solely
to increase the supply of housing affordable to extremely low-, very
low-, low-, and moderate-income households, the demand for which is
created by the development of new nonresidential development in the
city.
(Ord. No. 991 § 2, 2022)
