A.
It
is a public purpose of the County and a policy of the State to achieve
a diverse and balanced community with housing available for households
of all income levels. The County is committed to implementing policies
and regulatory actions that will increase the supply of housing affordable
to low, very low and extremely low income households. Because of a
variety of factors and economic circumstances, including, but not
limited to, increasing development costs, new residential development
does not always provide housing for these economic groups. Further,
the consumption of the remaining supply of suitable and available
land exacerbates the County's on-going efforts to encourage and facilitate
the production of housing that is affordable to persons of all income
levels, including low, very low and extremely low income households.
B.
Housing
Element Policy HE-5.2 (E3) provides that the County will review and
amend as appropriate its Affordable Housing Ordinance to consider
its effectiveness in producing affordable housing, its impact on the
production of market rate housing, the current and projected future
need for affordable housing in the County and the market's ability
to meet that need, and options to streamline and/or clarify the Ordinance.
C.
The
Legislature of the State of California has found that the lack of
affordable housing is a critical problem which threatens the economic,
environmental and social quality of life in California.
D.
To
implement Policy HE-5-2 (E3), to carry out the policies of the State
of California, to achieve the benefits of economic diversity for the
residents of the County and to assist in making affordable housing
available in the County for all income levels, it is essential that
new residential development contain housing opportunities to households
of low, very low and extremely low income, and that the County provide
a regulatory framework which provides opportunities for development
of a supply and mix of new housing to meet the future housing needs
of all income segments of the community.
E.
The
Board of Supervisors finds and determines that the Residential Nexus
Analysis prepared by Keyser Marston Associates, Inc. in August 2013
meets the requirements of Government Code for the implementation of
an impact fee in that newly constructed units represent new households
and new income in Sacramento County. These households will consume
goods and services, either through purchases of goods and services
or by "consuming" governmental services. New consumption translates
to new jobs; a portion of the jobs are at lower compensation levels.
Low compensation jobs translate to lower income households that cannot
afford market rate units in the County and therefore need affordable
housing. The affordability fee established herein is below the ceiling
identified in the Residential Nexus Analysis which ranges from $13.36
per square foot to $24.20 per square foot depending on the unit type
for eight prototype developments in the County for the impact fee
requirement placed on market rate development.
F.
The
Board of Supervisors finds and determines that, based upon the above
purposes and findings, there is a reasonable relationship between
the need for affordable housing and the type of development projects
that may meet their affordable obligation pursuant to this chapter
by payment of affordability fees.
(SCC 1549 § 2, 2014)
means the fee required by Section 22.35.050.
means rented at an affordable rent or sold at an affordable
housing price.
means the plan setting forth the elements of a development
project's affordable housing requirements and the manner in which
the affordable housing is to be implemented.
means a sales price at which low income or very low income
households can qualify for the purchase of for-sale affordable units.
Qualification shall be based on no more than thirty-five (35) percent
of income at 80%, and 50% of the median income applicable to Sacramento
County, respectively for low income and very low income households,
being applied to housing expenses, which shall include mortgage principal
and interest, taxes, insurance, assessments, and homeowner fees, as
applicable.
means an ownership or rental dwelling unit developed to be
occupied at an affordable housing price or an affordable rent.
means: (1) for a unit whose occupancy is restricted to low
income households, a monthly rent consisting of a maximum of one-twelfth
of 30% of 80% of the median income applicable to Sacramento County;
(2) for a unit whose occupancy is restricted to a very low income
household, a monthly rent consisting of a maximum of one-twelfth of
30% of 50% of the median income applicable to Sacramento County. In
all cases the median income applicable to Sacramento County is as
determined annually by the United States Department of Housing and
Urban Development. Maximum rent is adjusted for household size appropriate
to the unit, less a reasonable allowance for utilities, as published
by SHRA.
means the subsidy needed to pay the difference in price between
a very low income affordable unit and an extremely low income affordable
unit.
means to build or cause to be built.
means the County of Sacramento.
means unit credits, purchased by SHRA prior to the effective
date of the ordinance codified in this chapter, for the construction
of affordable housing units in excess of a previous affordable housing
obligation.
means any person, firm, partnership, association, joint venture,
corporation, or any entity or combination of entities that seeks the
County's approvals for all or part of a development project. "Developer"
includes "owner."
means an agreement entered into pursuant to Government Code
Section 65864 et seq.
means any real estate development project in the unincorporated
County that includes at least one dwelling unit. Projects at one location
developed by the same owner or developer undertaken in phases, stages
or otherwise developed in distinct sections shall be considered a
single development project for purposes of this section. "Development
project" includes units and acreage associated with the affordable
housing component.
means a residential unit within a development project.
means a household whose income does not exceed 30% of the
median income, adjusted for household size, applicable to the County,
as published and periodically updated by the United States Department
of Housing and Urban Development.
means a development project that includes at least 100 acres
designated for residential units and includes at least 750 residential
units.
means not restricted to an affordable housing price or affordable
rent.
has the same meaning as set forth in Zoning Code Section
130-126 or any successor section.
means residential units planned, approved, or built on land
planned or zoned for other than single-family residential.
means the habitable square footage of any primary residential
unit that has not been previously occupied for any purpose, as set
forth in Section 1107A, 14-N of the 2010 California Building Code,
California Code of Regulations Title 24 Part 2, Volume 1 of 2. For
the purposes of this chapter, exceptions from this definition include
accessory dwelling units, remodel or enlargement, or restoration of
a dwelling unit which has been damaged or partially destroyed due
to fire, flood, or earthquake.
means a written agreement incorporating affordable housing
prices or affordable rent and occupancy restrictions, recorded as
a lien on the affordable housing units.
means Sacramento Housing and Redevelopment Agency, a joint
powers agency.
means a household whose income does not exceed 50% of the
median income, adjusted for household size, applicable to the County,
as published and periodically updated by the United States Department
of Housing and Urban Development.
(SCC 1549 § 2, 2014)
A.
Development
projects shall:
1.
Pay an affordability fee on all newly constructed market rate units pursuant to Section 22.35.050(A); or
2.
Comply
with the development project's approved affordable housing plan, if
one exists; or
3.
Enter into a development agreement or other form of agreement with the County which provides for a fee credit for land dedication, construction of affordable dwelling units, or other mechanism which leads to the production of affordable housing, in an amount at least equivalent to the affordability fee established by Section 22.35.050(A).
B.
Development projects may purchase credits for affordable housing units banked with SHRA prior to the effective date of the ordinance codified in this chapter. Credits may be purchased in combination with payment of fees pursuant to subsection (A)(1) or land dedication, construction of units or other mechanism which leads to the production of affordable housing pursuant to subsection (A)(3).
C.
Development
projects with a tentative subdivision map which was approved prior
to the effective date of the ordinance codified in this chapter and
which contain density bonus units allowed pursuant to the repealed
version of this chapter may build according to that subdivision map.
D.
Development
projects may enter into an agreement with the County that allows construction
of new market rate housing without payment of an affordability fee
if the developer has constructed affordable unit in advance of construction
of market rate units pursuant to an affordable housing plan adopted
prior to the effective date of the ordinance codified in this chapter.
The number of market rate units not subject to the affordability fee
shall be calculated by dividing the number of affordable units by
nine percent.
(SCC 1549 § 2, 2014)
The following development projects are exempt from this chapter
and generate no affordable housing obligation:
A.
Conversion
of nonresidential buildings to residential use;
B.
Mobilehome
parks;
C.
Market
rate and affordable units in a mixed-income development on a newly
created multifamily site located on-site built at a density of 17
units per acre or more where at least 20% of the units are affordable
to low income renters or buyers. Affordable housing units shall have
a regulatory agreement recorded and monitored by SHRA;
D.
A new
single-family residential structure built by an owner-builder on his
or her property, provided that: (1) the new home is not intended for
sale within two years of completion of construction; (2) the owner
has not utilized the exemption set forth in this section within two
years of applying for a building permit for the new structure; and
(3) the owner personally performs the work, or the owner directly
contracts with a contractor to complete the project.
(SCC 1549 § 2, 2014)
A.
The
affordability fee is an amount equal to $2.50 per habitable square
foot of each market rate unit.
B.
The
affordability fee shall be paid concurrently with the payment of building
permit fees for the development project in accordance with the fee
schedule in effect at the time of building permit application.
C.
The
affordability fee, including the maximum amount of the fee, shall
be adjusted annually based on the Building Cost Index 20-City Average
published by Engineer News-Record/McGraw Hill. County shall publish
the fee schedule.
D.
At
least 10% of the affordability fees collected pursuant to this section
shall be used to buy down or produce ELI units.
(SCC 1549 § 2, 2014)
A.
There is hereby created by the Office of the County Auditor-Controller in the County Treasury a special interest-bearing fund entitled the Fund for Affordability Fees. All fees collected pursuant to Section 22.35.050 and interest shall be placed in said fund and shall be expended solely to purchase land for affordable housing, produce or substantially rehabilitate affordable units, or buy down ELI units.
B.
The affordability fees collected shall be transferred to SHRA and administered by the SHRA Executive Director who shall have the authority to govern the fund consistent with this chapter, established priorities pursuant to subsection C, and the guidelines prepared pursuant to Section 22.35.100. Transfer of affordability fees to SHRA shall occur no less than quarterly. A portion of the funds may be used to cover reasonable administrative expenses. SHRA and County administrative expenses shall be approved by the Board of Supervisors through the SHRA and County annual budget processes.
C.
The
Board of Supervisors shall establish priorities for the use of the
Fund. The SHRA Executive Director, in consultation with the Planning
Director, shall recommend priorities for the use of the funds for
Board of Supervisors' approval on a biennial basis.
D.
The
Executive Director of SHRA, in consultation with the Planning Director,
shall report biennially on the performance of the affordable housing
program, including the number of units produced, the amount of funds
collected and the amount of funds expended. The report shall also
include the levels of affordability in units constructed pursuant
to this chapter.
(SCC 1549 § 2, 2014; SCC
1606 § 75, 2017)
Affordable units constructed using affordability fees paid pursuant to this chapter, or constructed through a development agreement or other form of agreement pursuant to Section 22.35.030(A)(3) shall be visually compatible with the market rate units and accommodate diverse family sizes by including units with different numbers of bedrooms, as determined by the approval authority, upon recommendation of the SHRA Executive Director. External building materials and finishes, front yard landscaping and amenities shall be of the same type and quality for affordable units as for market rate units.
(SCC 1549 § 2, 2014)
A minimum of five percent of the dwelling units (but not less
than one unit) in a multifamily project constructed using affordability
fees paid pursuant to this chapter shall be made accessible for persons
with disabilities.
(SCC 1549 § 2, 2014)
A.
Any
person who rents or owns an affordable unit shall occupy that unit
as his or her principal residence.
B.
Rental
affordable units shall remain affordable for a period of no less than
55 years from recordation of the notice of completion for the rental
units.
C.
For-sale
affordable units shall remain affordable for a period of not less
than 30 years from the first sale of an individual property and from
the date of any resale to an income-eligible buyer made at a time
the affordable unit is subject to affordability restrictions under
this chapter.
(SCC 1549 § 2, 2014)
The Executive Director of SHRA, in consultation with the Planning
Director, shall prepare guidelines to ensure compliance with this
chapter. The guidelines shall be adopted by resolution of the Board
of Supervisors.
(SCC 1549 § 2, 2014; SCC
1606 § 76, 2017)
The Board of Supervisors of the County of Sacramento declares
that should any section, paragraph, sentence, or word of this chapter
be declared for any reason to be invalid, it is the intent of the
Board of Supervisors that it would have passed all other portions
of this chapter, independent of the provision declared invalid.
(SCC 1549 § 2, 2014)
