The purpose and intent of this chapter is as follows:
A. On
April 8, 2015 the City Council of the City of South San Francisco
(“City”) adopted its 2015-2023 Housing Element to the
City General Plan. As established by the Housing Element, the objective
of the City is to ensure that all residential development, including
all master planned and specific planned communities, provide a range
of housing opportunities for all identifiable economic segments of
the population, including households of extremely low, very low, lower
and moderate income.
B. City
Housing Element Chapter 6.1, entitled “Promote New Housing Development,”
includes Goal I to “promote the provision of housing by both
the private and public sectors for all income groups in the community.”
C. Implementing
Policy I-3 of the Housing Element provides that “[a]s feasible,
the City will investigate new sources of funding for the City’s
affordable housing programs.”
D. There
is a reasonable relationship between the need for affordable housing
and the impacts of market rate residential development within the
City. Development of new market rate residential projects increases
the population of the City and generates additional resident demand
for goods and services, and some of the employees needed to provide
those goods and services earn incomes only adequate to pay for affordable
housing.
E. Because
affordable housing is in short supply within the City, these employees
might otherwise be forced to live in less-than-adequate housing within
the City, pay a disproportionate share of their incomes to live in
adequate housing within the City, or commute ever-increasing distances
to their jobs from housing located outside the City, thereby harming
the City’s ability to attain goals articulated in the City’s
General Plan.
F. The
City Council finds and determines that in order to provide sufficient
affordable housing to achieve the City’s goal of providing a
full range of affordable housing options to residents of the City,
in accordance with the standards established in the general plan,
housing element, and other applicable plans and regulations, residential
development projects identified in Section 20.380.030 shall provide
inclusionary housing units, or provide one of the alternative means
of compliance specified in this chapter, in order to mitigate the
impacts of these residential development projects on affordable housing
in the City.
G. It
is the policy of the City to:
1. Require that for rental residential development of five or more units
for which applications are received and deemed complete during a period
of one year from the effective date of the ordinance codified in this
chapter, a minimum of 10 percent of the dwelling units in all such
developments shall be inclusionary units; and
2. Require that for rental residential developments of five or more
units for which applications are received and deemed complete upon
and after the effective date of the ordinance codified in this chapter,
a minimum of 15 percent of the dwelling units in all such developments
shall be inclusionary units; and
3. Require that for for-sale residential developments of five or more
units for which applications are received and deemed complete upon
and after the effective date of the ordinance codified in this chapter,
a minimum of 15 percent of the dwelling units in all such developments
shall be inclusionary units; and
4. Allow inclusionary requirements, at the option of the applicant,
to be satisfied through the payment of an in-lieu fee as an alternative
to requiring inclusionary units to be constructed, and under certain
conditions with City Council approval, allow other alternatives to
constructing new inclusionary units on-site.
H. The
City Council finds and determines that this chapter will:
1. Encourage the development and availability of housing affordable
to a broad range of households with varying income levels within the
City as mandated by
Government Code Section 65580, et seq.
2. Offset the demand for affordable housing that is created by new residential
development and mitigate impacts that accompany new residential development
by protecting the economic diversity of the City’s housing stock;
reducing traffic, transit and related air quality impacts; promoting
jobs/housing balance; and reducing the demands placed on transportation
infrastructure in the region.
3. Promote the City’s policy to promote the provision of housing
by both the private and public sectors for all income groups in the
community, as identified by the Housing Element of the General Plan.
4. Support the Housing Element goal of encouraging high-quality residential
development, as well as ensure a full range of affordable housing
and the policies and actions that support this goal.
5. Support the Housing Element goal of providing suitable, decent, and
affordable housing for its residents.
6. Support the guiding principle of the Housing Element that housing
in South San Francisco supports increasing the range and diversity
of housing options that will be an integral aspect of the City’s
growth and development.
7. Support the guiding principle of the Housing Element that South San
Francisco values diversity and strives to ensure that all households
have equal access to the City’s housing resources.
8. Meet the housing needs identified by the Housing Element of the General
Plan.
9. Encourage the production of the very low, low, and moderate-income
units planned for by the Housing Element of the General Plan.
I. Nothing
in this chapter is intended to create a mandatory duty on the part
of the City or its employees under the Government Tort Claims Act
and no cause of action against the City or its employees is created
by this chapter that would not arise independently of the provisions
of this chapter.
(Ord. 1565 §2, 2018)
Whenever the following terms are used in this chapter, they
shall have the meaning established by this section:
“Affordable housing”
means, for the purposes of this chapter, housing that is
affordable to families with very low, low, or moderate incomes.
“Affordable initial sales price”
means a sales price for which allowable housing expenses
do not exceed the following:
1.
For an inclusionary unit sold to a moderate income household,
allowable housing expenses do not exceed 35% x 110% of AMI for a household
size appropriate to the unit.
2.
For an inclusionary unit sold to a lower income household, allowable
housing expenses do not exceed 30% x 70% of AMI for a household size
appropriate to the unit.
“Affordable rent”
means allowable housing expenses do not exceed the following:
1.
For an inclusionary unit rented to a very low income household,
allowable housing expenses do not exceed 30% x 50% of AMI for a household
size appropriate to the unit.
2.
For an inclusionary unit rented to a lower income household,
allowable housing expenses do not exceed 30% x 60% of AMI for a household
size appropriate to the unit.
“Allowable housing expense”
means the total monthly or annual recurring expenses required
of a household to obtain shelter.
1.
For a for-sale unit, allowable housing expenses include loan
principal and interest at the time of initial purchase by the homebuyer,
allowances for property and mortgage insurance, property taxes, homeowners
association dues and a reasonable allowance for utilities.
2.
For a rental unit, allowable housing expenses include rent and
a reasonable allowance for utilities, as well as all monthly payments
made by the tenant to the lessor in connection with use and occupancy
of a housing unit and land and facilities associated therewith, including
any separately charged fees, utility charges, or service charges assessed
by the lessor and payable by the tenant.
3.
Allowable housing expense may be further defined by regulation
prepared by the Economic and Community Development Department and
adopted by the City Council.
“Conversion”
means the change of status of a dwelling unit from a for-sale
unit to a rental unit or vice versa.
“Deemed complete”
means an applicant has submitted all items listed on the Planning Application Checklist used upon the date the application is received, including all required plans and full payment of all required fees, and the Planning Division has determined each item contains all requested and relevant information pursuant to the review procedures set forth in Chapter
20.450 “Common Procedures” of the South San Francisco Municipal Code.
“Density bonus unit”
means dwelling units approved in a residential development pursuant to
Government Code Section 65915, et seq., and Chapter
20.390 of the Municipal Code, that are in excess of the maximum residential density otherwise permitted by the City General Plan Or Zoning Ordinance.
“Dwelling unit”
shall have the definition given for dwellings in Section
20.630.002 of the Municipal Code.
“Financial assistance”
means assistance to include, but not be limited to, the subsidization
of fees, infrastructure, land costs, or construction costs, the use
of funds from the City housing trust fund, the use of low and moderate
income housing asset funds, community development block grant (CDBG)
funds, HOME funds, or the provision of other direct financial aid
in the form of cash transfer payments or other monetary compensation,
by the City of South San Francisco.
“For-sale unit”
means a dwelling unit, including an attached or detached
single family home, condominium, stock cooperative or community apartment,
which is offered for sale to individual buyers.
“Household size appropriate for the unit”
means one person for a zero bedroom dwelling unit, two persons
for a one bedroom dwelling unit, three persons for a two-bedroom dwelling
unit, four persons for a three-bedroom dwelling unit, and five persons
for a four-bedroom dwelling unit.
“Inclusionary housing project”
means a new residential development or conversion of existing
residential buildings which includes units reserved and made affordable
to very low, lower or moderate-income households as required by this
chapter.
“Inclusionary unit”
means a dwelling unit that will be offered for rent or sale
exclusively to and which shall be affordable to very low, lower or
moderate income households, as required by this chapter.
“Income”
shall have the meaning as defined in Section 6914 of Title
25 of the
California Code of Regulations, or its successor provision,
as may be further defined by regulations of the Economic and Community
Development Department.
“In lieu fee”
means a fee payable to the City instead of constructing inclusionary units as described in Section
20.380.011 of this chapter.
“Market-rate unit”
means a dwelling unit where the rental rate or sales price is not restricted either by this chapter, Chapter
20.390 of the Municipal Code, or by requirements imposed through other local, state, or federal affordable housing programs.
“Maximum resale price”
means the maximum amount a for-sale inclusionary unit may be sold, except for the initial sale of the inclusionary unit, as provided in Section
20.380.006(F) of this chapter.
“Offsets”
means concessions or assistance to include, but not be limited
to, direct financial assistance, density increases, modifications
of standards or any other financial, land use, or regulatory concession
which would result in an identifiable cost reduction enabling the
provision of affordable housing.
“Reasonable allowance for utilities”
means the utility allowance published by the Housing Authority
of the County of San Mateo from time to time. If the foregoing utility
allowance is no longer published, then a reasonable allowance for
utilities shall be calculated based upon comparable governmental published
figures as determined by regulation of the City.
“Residential development”
means any new residential construction of rental or for-sale
units; or development revisions, including those with and without
a master plan or specific plan, planned unit developments, site development
plans, mobilehome developments and conversions of apartments to condominiums,
as well as dwelling units for which the cost of shelter is included
in a recurring payment for expenses, whether or not an initial lump
sum fee is also required.
“Total dwelling units”
means the total units approved by the final decision making
authority. Total dwelling units are composed of both market rate units
and inclusionary units. For purposes hereof, total dwelling units
does not include density bonus units.
“Utilities”
means garbage collection, sewer, water, electricity, gas
and other heating, cooling, cooking and refrigeration fuels for a
dwelling unit. Utilities does not include telephone, cable or internet
service.
“Very low income household”
shall have the meaning as defined in California Health and
Safety Code Section 50105. For purposes hereof, very low income households
shall include extremely low income households, as defined in California
Health and Safety Code Section 50106.
(Ord. 1565 § 2, 2018)
A. The
requirements of this chapter shall apply as follows:
1. This chapter shall apply to all residential market-rate dwelling
units resulting from new construction of for-sale and rental residential
developments consisting of five or more dwelling units, as well as
the conversion of apartments to condominiums or condominiums to apartments.
2. An applicant shall not avoid the requirements of this chapter by
submitting piecemeal planning permit applications. For purposes of
this chapter a residential development shall include all contiguous
property under common ownership and control.
B. The
requirements of this chapter shall not apply to the following:
1. Existing residences which are altered, improved, restored, repaired,
expanded or extended, provided that the number of dwelling units is
not increased, except that this chapter shall pertain to the subdivision
of land for the conversion of apartments to condominiums or condominiums
to apartments;
2. The construction of a new residential structure which replaces a
residential structure that was destroyed or demolished within two
years prior to the approval of a Building Permit for the new residential
structure, provided that the number of dwelling units is not increased
from the number of dwelling units of the previously destroyed or demolished
residential structure;
3. Accessory dwelling units not constructed to fulfill inclusionary housing requirements and developed in accordance with Section
20.350.003 ("Accessory Dwelling Units");
4. Those dwelling units which have obtained approval of a vesting tentative map or a development agreement prior to the effective date of the ordinance codified in this chapter, as set forth in Section
20.380.017 ("Pre-Existing Approvals");
5. Applications for rental residential dwelling units that are deemed
complete prior to the effective date of the ordinance codified in
this chapter.
(Ord. 1565 § 2, 2018; Ord. 1656, 6/12/2024)
Applications for planned unit development permits, tentative
maps, vesting tentative maps, and other land use entitlements that
seek approval of a residential development project of five or more
dwelling units shall submit an inclusionary housing plan as follows:
A. All
applications approved or deemed complete on or after the effective
date of the ordinance codified in this chapter are required by this
chapter to provide an inclusionary housing plan with the application
for development. The inclusionary housing plan will include appropriate
text, maps, tables, or figures to establish the basic framework for
implementing the requirements of this chapter. It shall establish,
at a minimum, but shall not be limited to, the following:
1. The number of market rate units in the master plan or specific plan;
2. The number of required inclusionary units for very low, lower and
moderate income households in the project, including the specific
levels of affordability;
3. The location of the inclusionary units, including, but not limited
to, any sites for locating off-site inclusionary housing projects;
4. Acknowledgement that an affordable housing agreement shall be a condition of all future discretionary permits for the development area such as tentative maps, parcel maps, planned unit developments and site development plans. The affordable housing agreement shall be consistent with Section
20.380.014 (“Affordable Housing Agreement as a Condition of Development”).
B. The
location and phasing of inclusionary dwelling units may be modified
by the body granting final approval of the project as a condition
of approval for the project.
C. All existing planned unit development permits, Conditional Use Permits, master plans or specific plans proposed for major amendment, pursuant to Chapter
20.530 (“Specific Plans and Plan Amendments”), shall incorporate into the amended master plan or specific plan document an affordable housing agreement, consistent with this section.
D. In the event the residential development obtains a density bonus, the affordable housing agreement shall also contain the terms of the agreement required pursuant to
Government Code Section 65915, et seq., and Chapter
20.390 of the Municipal Code.
(Ord. 1565 § 2, 2018)
The affordable housing standards are as follows:
A. All residential developments subject to this chapter must satisfy the inclusionary housing requirements of this chapter, notwithstanding an applicant’s request to process a residential development under other program requirements, laws or regulations. Affordable units provided in order to obtain a density bonus under Chapter
20.390 (“Bonus Residential Density”), which otherwise meet the requirements of this chapter, shall qualify as inclusionary units for purposes of this chapter.
B. Unless an alternative method of compliance is allowed pursuant to Section
20.380.007 of this chapter, inclusionary units shall be built on the residential development project site.
C. The
required inclusionary units shall be constructed concurrently with
market-rate units unless both the final decision-making authority
of the City and applicant agree within the affordable housing agreement
to an alternative schedule for development. The schedule for construction
of inclusionary units shall be included in the affordable housing
agreement.
D. Inclusionary
units which are rental units shall be made available and rented to
the designated income group at an affordable rent for 55 years from
the date of a final certificate of occupancy for the project. Notwithstanding
anything to the contrary in this chapter, no inclusionary rental unit
shall be rented for an amount which exceeds 90 percent of the actual
rent charged for a comparable market-rate unit in the same residential
development, if any.
E. Inclusionary
units which are for-sale units shall remain affordable for a term
of 55 years from the date of a final certificate of occupancy for
the inclusionary unit, and a resale restriction containing such affordability
term shall be filed and recorded as a restriction on those individual
lots, units or projects which are designated as inclusionary for-sale
units.
F. The
initial sale of inclusionary for-sale units shall be at an affordable
initial sales price. The maximum resale price at which an owner of
an inclusionary for-sale unit may sell that inclusionary unit shall
be annually adjusted by the percentage increase or decrease in area
median income for a family of four in effect between the date of the
owner’s purchase and the date of the owner’s sale of the
inclusionary unit. The maximum resale price shall be increased by
the market value, if any, of any documented, permanent capital real
estate or fixed improvements to the inclusionary unit approved by
City. As a condition of obtaining such an adjustment, the owner shall
present to the City written documentation of all expenditures made
by owner for which an adjustment is requested. The maximum resale
price shall be decreased by the amount necessary to repair any damages
and to put the unit into a sellable condition, including items such
as paint, cleaning, construction repairs, and to bring said unit into
conformity with all applicable provisions of the City Municipal Code
and the affordable housing guidelines established by the City. The
amount of price adjustments shall be reasonably determined by the
City. The resulting price shall be the maximum resale price of the
inclusionary unit.
G. The
design of the inclusionary units shall be consistent with General
Plan standards; compatible with the design of the total project development
in terms of appearance, materials and finished quality and conform
to General Plan standards; and consistent with affordable housing
development standards prepared by the Department of Economic and Community
Development as adopted by the City Council. The distribution of the
size of inclusionary units, as measured by the number of bedrooms
in an inclusionary unit, shall be in the same proportion as the distribution
of the size of market rate units, as measured by the number of bedrooms
in the market rate units. Residents of inclusionary units shall be
entitled to use all of the same amenities and facilities of the residential
development as residents of market rate units within the residential
development.
H. No
building permit shall be issued, nor any development approval granted
for a residential development which does not meet the requirements
of this chapter. No inclusionary unit shall be rented or sold except
in accordance with this chapter.
(Ord. 1565 § 2, 2018)
Each applicant may, at the sole discretion of the applicant, elect to pay the in lieu fee as provided in Section
20.380.011 of this chapter instead of the construction of new inclusionary units within the residential development. In addition to the foregoing, and notwithstanding any contrary provisions of this chapter, the City may, at the sole discretion of the City Council, determine that one or more of the following alternatives in subsections A through E to the construction of new inclusionary units within the residential development is acceptable. Such determination shall be based on findings that new construction would be infeasible or present unreasonable hardship in light of such factors as project size, site constraints, market competition, price and product type disparity, applicant capability, and financial subsidies available. Evidence must be submitted to the City Manager or designee and included in the request for any approval of alternatives to the construction of new inclusionary units.
A. Off-Site Construction. The applicant may construct some or
all of the inclusionary units at a location within the City outside
of the residential development. Off-site inclusionary units should,
if feasible, be located on sites that are in proximity to or will
provide access to employment opportunities, urban services, or major
roads or other transportation and commuter rail facilities and that
are compatible with adjacent land uses.
B. Dedication of Land. The applicant may donate land to the City or to the designee of the City. The land shall meet all of the requirements of
Government Code Section 65915(g). The value of the land shall be not less than the sum of the in-lieu fee that would be due under Section
20.380.011 of this chapter. The valuation of any land offered in-lieu shall be determined by an appraisal made by an appraiser mutually agreed upon by the City and the applicant. Costs associated with the appraisal shall be borne by the applicant.
C. Construction of Accessory Dwelling Units. The applicant may
construct accessory dwelling units which shall be rented to very low
and lower income households at an affordable rent, in accordance with
an affordable housing agreement.
D. Funding of Affordable Housing Project. The applicant may make a contribution to a special needs housing project or program or other affordable housing project. The requisite contribution shall be calculated in the same manner as an in-lieu fee per Section
20.380.011 (“In-Lieu Fees”).
E. The
City Council may approve other alternatives to the construction of
new inclusionary units within the residential development where the
proposed alternative supports specific housing element policies and
goals of the City and assists the City in meeting its State housing
requirements. Alternatives may include, but are not limited to, acquisition
and rehabilitation of affordable units, conversion of existing market
units to affordable units, or construction of special needs housing
projects or programs (shelters, transitional housing, etc.).
(Ord. 1565 § 2, 2018)
Applicants may apply to the City for a waiver, adjustment or
reduction of the requirements of this chapter. In connection with
such a request, the applicant shall present evidence to the City in
support of the request. The City may approve or disapprove an application
for waiver, adjustment or reduction in its sole discretion, provided
that the City shall approve requests for waiver, adjustment or reduction
when the application of this chapter to a residential development
would result in a taking of property in violation of the United States
or California Constitutions or otherwise be contrary to applicable
law.
(Ord. 1565 § 2, 2018)
Inclusionary units created which exceed the final requirement
for a residential development may, subject to City Council approval
in the affordable housing agreement, be utilized by the applicant
to satisfy inclusionary requirements for other residential developments
of the applicant or other developers.
(Ord. 1565 § 2, 2018)
The City shall consider making offsets available to applicants
when necessary to enable residential developments to provide a preferable
product type or affordability in excess of the requirements of this
chapter.
A. Offsets
may be offered by the City to the extent that resources and programs
for this purpose are available to the City and approved for such use
by the City Council, and to the extent that the residential development,
with the use of offsets, assists in achieving the City’s housing
goals. If the City makes available programs to provide offsets, applicants
may make application for such programs.
B. The
City’s evaluation of requests for offsets shall be based on
the effectiveness of the offsets in achieving a preferable product
type and/or affordability objectives as set forth within the housing
element; the capability of the development team; the reasonableness
of development costs and justification of subsidy needs; and the extent
to which other resources are used to leverage the requested offsets.
C. Nothing
in this chapter establishes, directly or through implication, a right
of any applicant to receive any offsets from the City or any other
party or agency to enable the applicant to meet the obligations established
by this chapter.
D. Offsets may include incentives provided by the City to residential developments qualifying for a density bonus pursuant to the provisions of Chapter
20.390.
E. Any
offsets approved by the City Council shall be described in the affordable
housing agreement.
F. Applicants
are encouraged to utilize local, State or Federal assistance, when
available, to meet the affordability standards set forth in this chapter.
(Ord. 1565 § 2, 2018)
Payment of an in-lieu fee to the City instead of construction
of inclusionary units is permitted as follows:
A. For
any residential development or development revision consisting of
five or more dwelling units, the applicant may elect to satisfy the
inclusionary unit requirements through the payment to the City of
an in-lieu fee.
B. The
in-lieu fee to be paid for each inclusionary dwelling unit shall be
determined by resolution of the City as approved by the City Council
from time to time.
C. In
lieu-fees shall be paid at the time a building permit is issued for
the development.
D. Where
an applicant elects to pay an in lieu fee instead of the development
of inclusionary units, any approvals for the residential development
shall be conditioned upon a requirement to pay the in-lieu fee in
an amount established by the chapter in effect at the time of payment.
(Ord. 1565 § 2, 2018)
All in-lieu fees collected hereunder shall be deposited in a
housing trust fund. The housing trust fund shall be administered by
the City and shall be used only for the purpose of providing funding
assistance for the provision of affordable housing and reasonable
costs of administration consistent with the policies and programs
contained in the housing element of the General Plan.
(Ord. 1565 § 2, 2018)
The preliminary project application/review process shall be
as follows:
A. An
applicant of a residential development, proposing an inclusionary
housing project shall have an approved site development plan prior
to execution of an affordable housing agreement for the project. The
applicant may submit a preliminary application to the director of
the Department of Economic and Community Development prior to the
submittal of any formal applications for such housing development.
The preliminary application shall include the following information
if applicable:
1. A brief description of the proposal, including the number of inclusionary
units proposed;
2. The zoning, General Plan designations and assessor’s parcel
number(s) of the project site;
3. A site plan, drawn to scale, which includes: building footprints,
driveway and parking layout, building elevations, existing contours
and proposed grading; and
4. A letter identifying what specific offsets, incentives and/or adjustments
are being requested of the City. Justification for each request should
also be included.
B. Within
30 days of receipt of the preliminary application by the planning
director for projects not requesting offsets or incentive adjustments,
or 90 days for projects requesting offsets or incentive adjustments,
the Economic and Community Development Department shall provide to
an applicant a letter which identifies project issues of concern,
the offsets and incentive adjustments that the City Manager or designee
can support when making a recommendation to the final decision-making
authority, and the procedures for compliance with this chapter. The
applicant shall also be provided with a copy of this chapter and related
policies, the pertinent sections of the California codes to which
reference is made in this chapter and all required application forms.
(Ord. 1565 § 2, 2018)
This chapter requires the following:
A. Applicants
subject to this chapter shall demonstrate compliance with this chapter
by executing an affordable housing agreement prepared by the Department
of Economic and Community Development and submitted to the applicant
for execution. Agreements which conform to the requirements of this
section and which do not involve requests for offsets and/or incentives,
other than those permitted by right, if any, shall be reviewed by
the City Manager or designee and approved by the City Manager or designee.
B. Agreements
which involve requests for offsets and/or incentives, or for alternate
means of compliance with the inclusionary housing requirements, other
than those permitted by right, shall require the recommendation of
the Department of Economic and Community Development and action by
the City Council as the final decision-maker.
C. Following
the approval and execution by all parties, the affordable housing
agreement with approved site development plan shall be recorded against
the entire development, including market-rate lots and units and the
relevant terms and conditions therefrom filed and subsequently recorded
as a separate deed restriction or regulatory agreement on the affordable
project individual lots or units of property which are designated
for the location of inclusionary units.
D. The
approval and execution of the affordable housing agreement shall take
place prior to final map approval and shall be recorded upon final
map recordation or, where a map is not being processed, prior to the
issuance of building permits for such lots or units.
E. The
affordable housing agreement may require that more specific project
and/or unit restrictions be recorded at a future time.
F. The
affordable housing agreement shall provide that the project applicant
pay an administrative fee to reimburse the City for all administrative
and processing costs and fees incurred in processing the affordable
housing plan and implementing the requirements of this chapter on
a project specific basis. The City may waive the administrative fee
as an incentive or offset for the provision of inclusionary units.
G. The
affordable housing agreement shall bind all future owners and successors
in interest for the term of years specified therein.
H. An
affordable housing agreement, for which the inclusionary housing requirement
will be satisfied through new construction of inclusionary units,
either on-site or off-site, shall establish, but not be limited to,
the following:
1. The number of inclusionary dwelling units proposed, with specific
calculations detailing the application of any incentive adjustment
credit;
2. The unit square footage, and number of bedrooms;
3. The location of the inclusionary units;
4. Amenities and services provided, such as daycare, after school programs,
transportation, job training/employment services and recreation;
5. Level and tenure of affordability for inclusionary units;
6. Schedule for production of dwelling units;
7. Approved offsets provided by the City;
8. Where applicable, requirements for other documents to be approved
by the City, such as marketing, leasing and management plans; financial
assistance and loan documents; resale agreements; and monitoring and
compliance plans;
9. Where applicable, identification of the affordable housing developer
and agreements specifying their role and relationship to the project;
10. An affordable housing agreement, for which the inclusionary housing
requirement will be satisfied through payment to the City of any in-lieu
contributions other than fee monies, such as land dedication, shall
include the method of determination, schedule and value of total in-lieu
contributions;
11. An affordable housing agreement will not be required for projects
which will be satisfying their inclusionary housing requirement through
payment to the City of an in-lieu fee unless the applicant requests
payment options not provided by this chapter.
(Ord. 1565 § 2, 2018)
Any amendment to an affordable housing agreement shall be processed in the same manner as an original application for approval, except as authorized in Section
20.380.004(C).
(Ord. 1565 § 2, 2018)
The City or its designee shall have a first right of refusal
to purchase inclusionary for sale units offered for sale during the
tenure of affordability. The first right of refusal to purchase the
affordable unit shall be submitted in writing to the director of the
Department of Economic and Community Development. Within 90 days of
its receipt, the City shall indicate its intent to exercise the first
right of refusal for the purpose of providing affordable housing.
(Ord. 1565 § 2, 2018)
Any project for which an executed development agreement has
become effective prior to the effective date of the ordinance codified
in this chapter, or for which a complete application for a vesting
tentative map has been filed prior to the effective date of the ordinance
codified in this chapter, shall not be subject to the requirements
of this ordinance, but shall be subject to the requirements of the
City’s inclusionary housing ordinance, if any, in effect at
the time the development agreement became effective or the complete
vesting tentative map application was filed.
(Ord. 1565 § 2, 2018)
Enforcement provisions are as follows:
A. The
provisions of this chapter shall apply to all applicants and their
agents, successors and assigns proposing a residential development
governed by this chapter. No building permit or occupancy permit shall
be issued, nor any entitlement granted, for a project which is not
exempt and does not meet the requirements of this chapter. All inclusionary
units shall be rented or owned in accordance with this chapter.
B. The
applicant and its agents, successors and assigns shall annually certify
tenants as to the income eligibility for occupancy of inclusionary
rental units and the annual certification shall be submitted to the
Department of Economic and Community Development. If applicant and
its agents, successors and assigns fail to perform an annual certification,
applicant shall be fined $1,000.00 for each inclusionary unit whose
tenants were not subject to an annual certification. The City shall
continue to fine the applicant an additional $1,000 for every 30-day
period for each inclusionary unit whose tenants have not been subject
to an annual certification. City shall take steps to assess these
fines as a lien against either the property where the inclusionary
units are located or against the project property.
C. If
applicant at any time fails to make available or to provide below
inclusionary rental unit at the required affordable rent levels, applicant
is subject to a fine of $2,500.00 for each inclusionary unit not provided
pursuant to the affordable housing agreement. The City shall continue
to fine applicant an additional $2,500.00 for every 30-day period
after the initial fine for each inclusionary unit not provided pursuant
to the affordable housing agreement. City shall take steps to assess
these fines as a lien against either the property where the inclusionary
units are located or against the subject property.
D. If an owner sells a for-sale inclusionary unit during the 55 year affordability term at a price higher than the maximum resale price in violation of this chapter, the City will be entitled to receive from the seller the difference between the maximum resale price and the actual sales price of the inclusionary unit. If an owner rents a rental inclusionary unit during the 55 year affordability term at a rent higher than the affordable rent in violation of this chapter, the City will be entitled to receive from the owner the difference between the affordable rent and the actual rental amount of the inclusionary unit. Any funds recaptured by the City shall be placed in the housing trust fund as set forth in Section
20.380.012 of this chapter.
E. The
City may institute any appropriate legal actions or proceedings necessary
to ensure compliance with this chapter, including, but not limited
to, actions to revoke, deny or suspend any permit or development approval.
In the event the City must institute legal action to enforce the provisions
of this chapter, the City shall be entitled to recover its administrative
costs, including reasonable attorneys’ fees, in addition to
any other remedy provided by the court.
(Ord. 1565 § 2, 2018)
All code provisions, ordinances, and parts of ordinances in
conflict with the provisions of this chapter are repealed. The provisions
of this chapter, insofar as they are substantially the same as existing
code provisions relating to the same subject matter shall be construed
as restatements and continuations thereof and not as new enactments.
With respect, however, to violations, rights accrued, liabilities
accrued, or appeals taken, prior to the effective date of this ordinance,
under any chapter, ordinance, or part of an ordinance shall be deemed
to remain in full force for the purpose of sustaining any proper suit,
action, or other proceedings, with respect to any such violation,
right, liability or appeal.
(Ord. 1565 § 2, 2018)