"Affordable"
means rented at an affordable rent or sold at an affordable
housing price.
"Affordable housing plan"
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.
"Affordable housing price"
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.
"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.
"Buy-down"
means the subsidy needed to pay the difference in price between
a very low income affordable unit and an extremely low income affordable
unit.
"County"
means the County of Sacramento.
"Credits for affordable housing units"
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.
"Developer"
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."
"Development project"
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.
"Extremely low income" or "ELI"
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.
"Large development project"
means a development project that includes at least 100 acres
designated for residential units and includes at least 750 residential
units.
"Market rate"
means not restricted to an affordable housing price or affordable
rent.
"Mobilehome park"
has the same meaning as set forth in Zoning Code Section
130-126 or any successor section.
"Multifamily"
means residential units planned, approved, or built on land
planned or zoned for other than single-family residential.
"Newly constructed"
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.
"Regulatory agreement"
means a written agreement incorporating affordable housing
prices or affordable rent and occupancy restrictions, recorded as
a lien on the affordable housing units.
"SHRA"
means Sacramento Housing and Redevelopment Agency, a joint
powers agency.
"Very low income"
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)
The following development projects are exempt from this chapter
and generate no affordable housing obligation:
A. Conversion
of nonresidential buildings to residential use;
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. 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)
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)