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 commercial development, which will partially fund the need for
affordable housing created by the workforce of this new development.
B.
As detailed
in the findings supporting the ordinance codified in this chapter,
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 commercial 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 commercial 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.
The
city has commissioned the preparation of a jobs-housing nexus study.
It shows, and the city council finds that there is a reasonable relationship
between the purpose for which the fees established by this ordinance
are to be used and the type of development projects on which the fees
are imposed, and between the amount of the fees and the cost of the
affordable housing units or portion of the units attributable to the
development on which the fees are imposed.
D.
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 city's Charter,
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. 5929 § 2, 2019)
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 commercial development
project (as defined in this section) 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, based on California Vehicle Code Section 285, any
person or entity who is engaged wholly or in part in the business
of selling vehicles or buying or taking in trade, vehicles (as defined
by Section 415 of the California Vehicle Code) for the purpose of
resale, selling or offering for sale, or consigned to be sold, or
otherwise dealing in vehicles, whether or not such vehicles are owned
by such person.
includes full structural building permits as well as partial
permits such as foundation-only permits.
means the construction or the addition of new nonresidential
gross floor area (as defined in this section), or the conversion from
a use exempt from the affordable housing commercial development impact
fee (i.e., a use which does not have the nexus to the commercial development
impact fee such as residential) to a use subject to the affordable
housing commercial development impact fee (as set forth below).
means uses that include, but are not limited to, hospitals, churches (or other places of worship, as defined in Section 30.70.170), museums, educational facilities (public and private K-12, 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 commercial development project.
shall have the same meaning as that set forth in Section 30.70.050.
shall have the same meaning as that set forth in Section 30.70.070 ("Floor area (gross)").
means any structure or any portion of any structure which
is occupied, or intended or designed for occupancy by transients for
dwelling, lodging, or sleeping purposes, at a fixed location or other
similar structure or portion thereof.
shall have the same meaning as that set forth in Section 30.70.140.
(Ord. 5929 § 2, 2019)
A.
Requirement.
An affordable housing commercial development impact fee is hereby
imposed on all commercial development projects. No application for
a building permit for a commercial development project shall be approved,
nor shall any such commercial development project be constructed,
without compliance with this chapter. The fee imposed by this chapter
shall be collected at the time of the issuance of a building permit.
No certificate of occupancy shall be issued for a commercial development
project that has not paid the fee required under this chapter.
B.
Exemptions. Notwithstanding subsection A above, this chapter shall not apply to the following:
1.
Any
commercial development project with a gross floor area of 1,250 square
feet or less;
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.
(Ord. 5929 § 2, 2019)
A.
The requirements of this chapter may be adjusted or waived if the developer demonstrates that an insufficient nexus exists between the proposed use and the commercial 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 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 make a determination on the request. The determination of the director may be appealed to the city council as provided in Chapter 2.88 of this code.
B.
The requirements of this chapter may be adjusted or waived if the developer demonstrates that applying this chapter would take property 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 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 make a determination on the request. The determination of the director may be appealed to the city council as provided in Chapter 2.88 of this code.
(Ord. 5929 § 2, 2019)
If a development is exempt from the fee at initial construction, but later converts to a commercial development project subject to the fee, the converted square footage will be deemed new gross floor area and the affordable housing commercial development impact fee shall be paid pursuant to Section 4.11.030.
(Ord. 5929 § 2, 2019)
All funds derived from this chapter shall be placed in a separate
and distinct affordable housing commercial development impact fund
and used solely to increase the supply of affordable housing affordable
to extremely low, very low, low and moderate income households, the
demand for which is created by the development of new commercial uses
in the community.
(Ord. 5929 § 2, 2019)
A.
Payment
of the commercial development impact fee is the joint and several
obligation of the developer, and the agents, successors and assigns
of a developer who propose a commercial development project. The city
may institute any appropriate legal actions or proceedings necessary
to ensure compliance with this chapter including, but not limited
to:
1.
Actions
to revoke, deny or suspend any permit, including a building permit,
certificate of occupancy, or discretionary approval;
2.
Civil
actions for injunctive relief or damages;
3.
Actions
to recover from any violator of this chapter civil fines, restitution
to prevent unjust enrichment, and/or enforcement costs; and
4.
Any
other action, civil or criminal, authorized by law or by any regulatory
document, restriction, or agreement under this chapter.
B.
The city attorney shall be authorized to enforce the provisions of this chapter and any conditions on a commercial development project imposed by this chapter by any administrative code enforcement remedies authorized by Chapter 1.24 of the code, a criminal action, a civil action, and any other proceeding or method permitted by law. It shall be a misdemeanor punishable pursuant to Section 1.20.010 of the code to violate any provision of this chapter. In any action to enforce this chapter, the city shall be entitled to recover its reasonable attorney's fees and costs.
C.
Failure
of any official or agency to fulfill the requirements of this chapter
shall not excuse any developer or owner from the requirements of this
chapter. No permit, license, map, or other approval or entitlement
for a commercial development project shall be issued, including, without
limitation, a final inspection or certificate of occupancy, until
all applicable requirements of this chapter have been satisfied.
D.
The
remedies provided for in this chapter shall be cumulative and not
exclusive and shall not preclude the city from any other remedy or
relief to which it otherwise would be entitled under law or equity.
(Ord. 5929 § 2, 2019)
