The purpose of this chapter is to:
A.
Encourage
the development and availability of housing affordable to a broad
range of households with varying income levels within the city as
mandated by state law, California Government Code Section 65580 et
seq.
B.
Promote
Housing Element Goal 2 to accommodate regional housing needs through
a communitywide variety of residential uses by size, type, tenure,
affordability, and location; and Goal 3 to expand financing techniques
to achieve new affordable housing.
C.
Implement
the Housing Element by creating a mechanism to provide benefits to
the community from new development in the form of affordable housing,
thereby helping to meet the housing needs of all socioeconomic segments
of the community as provided in the Housing Element.
D.
Promote
Housing Element Goal 5 to ensure the continued availability of affordable
housing for very low, low, and moderate-income households, seniors,
and persons with disabilities, single-parent households, large families,
and other special needs groups.
E.
Implement
Housing Element Program 3-J to adopt permissible and reasonable affordable
housing impact fees for both residential and nonresidential development
based on impact fee nexus studies.
F.
Implement
Housing Element Program 5-A to support the Affordable Housing Ordinance
(BMR Program, adopted in 2008) and to modify the BMR program as appropriate
to maximize efforts to achieve affordable housing objectives in San
Bruno.
G.
Enhance
the public welfare by imposing affordable housing impact fees for
residential and nonresidential development projects whereby developers
of residential and nonresidential development projects will help mitigate
the impacts of their projects on the need for affordable housing by
contributing to the supply of housing for households with very low,
low, and moderate incomes.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021)
As used in this chapter, the following terms shall have the
following meanings:
means a written agreement between the city and the developer as provided in Section 12.230.070 of this chapter.
means a fund for the deposit of fees established under this chapter as provided in Section 12.230.120 of this chapter.
means the fee paid by developers of residential or nonresidential
development projects to help mitigate the impacts that such developments
have on the demand for affordable housing, to be deposited in the
affordable housing fund and used to support affordable housing development
and operation. Affordable housing impact fees include commercial linkage
fees.
means a fee or charge imposed on residential development
in-lieu of providing required affordable housing on site.
means a plan required for a residential or nonresidential development project that demonstrates how the project complies with Section 12.230.070 of this chapter.
means a dwelling unit that shall be offered at an affordable
rent or affordable ownership cost to very low-, low- or moderate-income
households.
means the maximum purchase price of a for-sale affordable
unit that will result in projected average monthly housing payments,
during the first calendar year of a household's occupancy, including
interest, principal, mortgage insurance, property taxes, homeowners
insurance, homeowners' association dues, if any, a reasonable allowance
for utilities, property maintenance, and repairs, and a reasonable
down payment, all as determined by the city, that will not exceed
the maximum monthly costs specified by Section 50052.5 of the California
Health and Safety Code and California Code of Regulations Title 25,
Sections 6910 through 6924.
means the total monthly housing expenses for a rental affordable
unit not exceeding the rents specified by Section 50053 of the California
Health and Safety Code and California Code of Regulations Title 25,
Sections 6910 through 6924. "Affordable rent" shall include the total
of monthly payments by the tenant for all of the following: (1) use
and occupancy of the affordable unit and land and all facilities associated
with the affordable unit, including, but not limited to, parking,
bicycle storage, storage lockers, and use of all common areas; (2)
any additional separately charged fees or service charges assessed
by the owner, other than security deposits; (3) an allowance for utilities
paid by the tenant as established by the San Mateo County housing
authority, including garbage collection, sewer, water, electricity,
gas, and other heating, cooking, and refrigeration fuel, but not telephone
service or cable TV; and (4) any other interest, taxes, fees or charges
for use of the land or affordable unit or associated facilities and
assessed by a public or private entity other than the owner, and paid
by the tenant.
includes full structural building permits as well as partial
permits such as foundation-only permits.
means a fee or charge imposed on nonresidential developers
to mitigate the development's impact on the need for affordable housing.
means property owned or controlled by the same person, persons,
or entity, or by separate entities in which any shareholder, partner,
member, or family member of an investor of the entity owns ten percent
or more of the interest in the property.
means the city staff person or body authorized to approve
or deny an application for a planning or building permit for a residential
or nonresidential development project.
means the person(s) or legal entity(ies), who also may be
the property owner seeking real property development permits or approvals
from the city or developing a particular project in the city.
means very low-income, low-income, and moderate-income households
whose incomes do not exceed the income limits specified for San Mateo
County, as published annually by the California Department of Housing
and Community Development (HCD) in California Code of Regulations
Title 25, Section 6932 (or successor provision).
means a residential dwelling unit that may be sold individually
in conformance with the Subdivision Map Act. For-sale units also include
units that are converted from rental units to for-sale units.
means one person living alone or two or more persons sharing
residency in one dwelling unit.
has the same meaning as affordable housing unit.
means households with incomes no greater than the maximum
income for low income households for San Mateo County, as published
annually by the California Department of Housing and Community Development
(HCD) in California Code of Regulations Title 25, Section 6932 (or
successor provision).
means a new dwelling unit in a residential development project
that is not an affordable unit.
means the median income applicable to San Mateo County, as
published annually by the California Department of Housing and Community
Development (HCD) in California Code of Regulations Title 25, Section
6932 (or successor provision).
means households with incomes no greater than the maximum
income for moderate income households for San Mateo County, as published
annually by the California Department of Housing and Community Development
(HCD) in California Code of Regulations Title 25, Section 6932 (or
successor provision).
means an application for a planning permit or building permit
that includes the new construction of gross square feet of nonresidential
space or the conversion of a residential use to a nonresidential use.
means any discretionary approval of a residential or nonresidential
development project, including, but not limited to, a general or specific
plan adoption or amendment, rezoning, tentative map, conditional use
permit, variances, or architectural review permit.
means a dwelling unit that is intended to be offered for
rent or lease and that cannot be sold individually in conformance
with the Subdivision Map Act.
means an application for a planning permit or building permit
at one location to create one or more additional dwelling units, convert
nonresidential uses to dwelling units, subdivide a parcel to create
one or more separately transferable parcels intended for residential
development, or implement a condominium conversion, including development
constructed at one time and in phases. "One location" includes all
adjacent parcels of land under common ownership or control, the property
lines of which are contiguous at any point, or the property lines
of which are separated only by a public or private street, road, or
other public or private right-of-way, or separated only by the lands
owned or controlled by the developer.
means households with incomes no greater than the maximum
income for very low-income households for San Mateo County, as published
annually by the California Department of Housing and Community Development
(HCD) income limits for San Mateo County in California Code of Regulations
Title 25, Section 6932 (or successor provision).
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
Residential Development Projects. All new residential development projects of five or more units shall include at least fifteen percent of the total units as affordable housing units restricted for occupancy by very low-, low-, and moderate-income households, as specified in this section, unless an alternative is proposed by the developer and approved by the decision-making body for the planning permit, as provided in Section 12.230.060(B). No application for a rezoning, tentative map, conditional use permit, design review, or building permit shall be approved, nor shall any such project be constructed or approved without compliance with this chapter.
1.
For-Sale Units. At least fifteen
percent of the total for-sale units in a residential development project
shall be affordable housing units, of which five percent shall be
affordable and restricted to occupancy by low-income households and
ten percent shall be affordable and restricted to occupancy by moderate-income
households.
2.
Rental Units. At least fifteen percent
of the total rental units in a residential development project shall
be affordable housing, of which five percent shall be affordable and
restricted to occupancy by very low-income households, five percent
shall be affordable and restricted to occupancy by low-income households,
and five percent shall be affordable to and restricted to occupancy
by moderate-income households.
3.
All residential development projects
shall also include all replacement affordable units required by State
Density Bonus Law (Government Code Section 65915), the Housing Crisis
Act of 2019 (Section 66300), or Housing Element Law (Section 65583.2).
Replacement affordable units may also be used to meet the city's requirements
for affordable housing units if they meet the requirements of this
chapter. Total units shall not include any units granted pursuant
to density bonuses provided under State Density Bonus Law.
4.
In determining the number of affordable
housing units required, any decimal fraction of one-half or more shall
be rounded up to the nearest whole number.
5.
For decimal fractions of less than one-half, the developer shall either construct one additional affordable unit or to pay the partial unit payment set forth in Section 12.230.040(C).
B.
Mixed-Use
Development Projects. Mixed use developments must comply with the
requirements for nonresidential developments in the nonresidential
portion of the development and must comply with the requirements for
residential developments for the residential portion of the development.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
Affordable
housing impact fees and in-lieu fees are hereby established for all
residential and nonresidential development projects, including affordable
housing in-lieu fees for residential development projects and commercial
linkage fees for nonresidential development projects. The amount of
the affordable housing impact fees and in-lieu fees shall be established
and adjusted from time to time by resolution of the city council.
The affordable housing impact fees shall not exceed the cost of mitigating
the impact of residential or nonresidential development projects on
the need for affordable housing in the city.
1.
Commercial Linkage Fees. As provided in Section 12.230.030, all nonresidential development projects shall pay a commercial linkage fee, unless an alternative is proposed by the developer and approved by the city council as described in Section 12.230.060.
2.
Affordable Housing In-Lieu Fees for Residential Development Projects. If approved by the decision-making body as provided in Section 12.230.060(B), residential development projects may pay an affordable housing in-lieu fees rather than provide on-site units.
B.
Payment
of the affordable housing impact fees and in-lieu fees shall be due
at the issuance of the building permit for the development. The fees
shall be calculated based on the fee schedule in effect at the time
the building permit is issued, unless state law specifies that the
city must use a fee schedule in effect at an earlier date.
C.
For
for-sale development projects that trigger an affordable unit requirement
with a decimal fraction of less than one-half, the developer shall
either build one additional affordable unit or pay an affordable housing
in-lieu fee equal to the decimal fraction multiplied by the affordable
housing in-lieu fee per affordable unit established for the for-sale
residential project.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
The requirements of this chapter do not apply to:
A.
Residential development projects of four or fewer new housing units or the creation of four or fewer parcels, provided that no more than four dwelling units are allowed, or accessory dwelling units and junior accessory dwelling units created under Chapter 12.90 of the San Bruno Municipal Code.
B.
Residential
development projects that include more units that are affordable to
very low-, low- and moderate-income households than required by this
chapter, provided that the developer enters into an affordable housing
agreement with the city for the period required by this chapter.
C.
Residential
or nonresidential development projects which fall within one or more
of the following categories:
1.
Nonresidential development projects located on property owned by
the state of California, the United States of America, or any of its
agencies and used exclusively for governmental or educational purposes.
2.
Any structure proposed to repair or replace a building that was damaged
or destroyed by fire or other calamity, so long as the square footage
and use of the building remains the same, and a building permit to
repair or replace the building is issued within one year of the damage's
occurrence.
3.
Development projects developed in accordance with the terms of a
development agreement adopted by ordinance pursuant to authority and
provisions of California Government Code Section 65864 et seq., and
that is executed prior to the effective date of the ordinance codified
in this chapter, provided that such developments shall comply with
any requirements included in the development agreement or any predecessor
ordinance in effect on the date the development agreement was executed.
4.
Development projects exempted by California Government Code Section
65589.5, 66474.2 or 66498.1 and other development projects for which
applications have been deemed complete prior to the effective date
of the ordinance codified in this chapter, provided that such developments
shall comply with any predecessor ordinance, resolution, or policy
in effect on the date that the application for the development was
deemed substantially complete under Government Code Section 65943
or successor provision.
5.
Developments exempted by California Government Code Section 65589.5(o)
or successor provision, provided that such residential developments
shall comply with any predecessor ordinance, resolution, or policy
in effect on the date that a preliminary application for the development
containing all of the information required by Government Code Section
65941.1 was submitted to the city.
6.
Other uses that may be specified by resolution of the city council.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021)
A.
Notwithstanding any contrary provisions of this chapter, the decision-making body for the planning permit may approve or conditionally approve an alternative to the requirements in Section 12.230.030 of this chapter as proposed by the developer in the affordable housing plan required by Section 12.230.070 of this chapter, provided that the decision-making body makes the findings required by subsections B and C, as appropriate.
B.
Residential Development Projects. As an
alternative to construction of affordable housing units on site, if
approved by the decision-making body for the planning permit, developers
of residential development projects may propose to provide affordable
housing units through alternative means, including:
1.
Payment of Affordable Housing In-Lieu Fees. The city may accept payment of an affordable housing in-lieu fee in place of construction of on-site units in accordance with Section 12.230.030 if all of the following findings can be made:
a.
The decision-making body for the planning permit determines that the affordable housing in-lieu fee will provide at least an equivalent number of affordable units at the same or lower income levels as would otherwise be required by Section 12.230.030 based on the city's economic analysis.
b.
The average unit size in the project
seeking to pay an affordable housing in-lieu fee is equal to or greater
than two thousand square feet or four bedrooms.
2.
Off-Site Affordable Units. The decision-making
body for the planning permit may approve or conditionally approve
an alternative to provide affordable units off-site if it makes the
following findings:
a.
Financing or a viable financing plan,
which may include public funding sources, is in place for the proposed
affordable housing units;
b.
The proposed location is suitable
for the proposed affordable housing, is consistent with the Housing
Element, General Plan, and Zoning Ordinance, and will not tend to
cause residential segregation or concentrations of poverty;
c.
The units shall be constructed within
the city of San Bruno and shall be constructed and occupied prior
to occupancy of the residential development project;
d.
Such alternative compliance will provide as many or more affordable units at the same or lower income levels as would compliance with Section 12.230.030 and will not increase residential segregation or concentrations of poverty, based on substantial evidence.
3.
Provision of Rental Units in Place of For-Sale Units. The affordable housing requirement for for-sale units in Section 12.230.030 may be satisfied by providing five percent of the for-sale units at affordable rent to very low-income households, five percent of the for-sale units at affordable rent to low-income households, and five percent of the for-sale units at affordable rent to moderate-income households. The affordable housing agreement shall include provisions to provide for the future sale of the affordable housing units at an affordable ownership cost and relocation benefits for tenants of the inclusionary units if the owner of the for-sale units later determines to offer any affordable housing units in the residential development project for sale. At sale, appropriate documents shall be recorded to ensure affordability of ten percent of the for-sale units to moderate income households and five percent of the for-sale units to low income households for a forty-five-year term.
4.
Alternative Percentages and Income Levels of Affordable Units. The decision-making body for the planning permit may choose to approve a different percentage of total units as affordable units allocated to alternative income groups than identified in Section 12.230.030 provided that it finds that the alternative percentages and income levels of affordable units provided by the project will better assist the city in reducing Regional Housing Needs Allocation (RHNA) deficits for very-low income, low-income or moderate-income households.
The community development director may require an economic analysis prepared by a qualified consultant selected by the city that demonstrates the project provides the same overall affordable housing subsidy as would be provided by meeting the standards in Section 12.230.030.
5.
Other Alternatives. The decision-making
body for the planning permit may review and approve an alternative
mitigation program, including, but not limited to, the dedication
of land to the city suitable for construction of affordable units,
the purchase of existing units for conversion to affordable units,
acquisition and rehabilitation of affordable units, or increase in
the total number of affordable housing bedrooms, provided that it
can find that, based on substantial evidence, that:
a.
Such alternative compliance will provide as many or more affordable units at the same or lower income levels as would compliance with Section 12.230.030 and will not increase residential segregation or concentrations of poverty; and
b.
The affordable units provided by
the project will assist the city in reducing Regional Housing Needs
Allocation (RHNA) deficits for very-low income, low-income or moderate-income
households.
C.
Nonresidential Development Projects. As an alternative to payment of the commercial linkage fees, developers of nonresidential development projects may propose to mitigate the affordable housing impacts of such development through the construction of affordable housing units on site or through an alternative mitigation program, as provided in subsection B of this section. In addition to the findings contained in subsection B, the decision-making body shall find that the proposed alternative mitigates the impact of the project on the need for affordable housing to the same extent as payment of the commercial linkage fee.
D.
Any affordable rental or for-sale housing units proposed as an alternative shall be subject to the requirements described in Sections 12.230.070 through 12.230.110 of this chapter, as applicable.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
General. Approval of an affordable housing plan and execution, recordation and implementation of an affordable housing agreement shall be conditions of any approval of a residential or nonresidential development project, which includes the provision of affordable housing units as provided in Section 12.230.030 or 12.230.060. No affordable housing plan is required if the developer proposes only to pay the commercial linkage fee.
B.
Affordable Housing Plan. No application for approval of a residential or nonresidential development project which includes the provision of affordable housing units or payment of affordable housing in-lieu fees may be deemed complete until an affordable housing plan containing all the elements identified below is submitted to the community development department, except that an affordable housing plan to pay affordable housing in-lieu fees need only contain the information required to make the findings contained in Section 12.230.060. The affordable housing plan shall include:
1.
The number, location, number of bedrooms
and size of the proposed market rate and affordable housing units
and the basis for calculating the number of affordable housing units;
2.
If the applicant is applying for a density bonus, the affordable housing plan must include an analysis of the density bonus request as required by Chapter 12.250;
3.
A site plan depicting the proposed
location of the affordable housing units;
4.
A floor plan depicting the proposed
location, number of bedrooms, and square footage of the affordable
housing units within a residential development;
5.
The income levels to which each affordable
housing unit will be made affordable;
6.
The mechanisms that will be used
to assure that the units remain affordable for the desired term, such
as resale and rental restrictions, deeds of trust, and city's option
to purchase and other documents;
7.
For a phased residential development proposing any change to the phasing requirements specified in Section 12.230.080(B), a phasing plan that provides for the timely development of affordable housing units in each proposed phase of development;
8.
The marketing plan for initial sales
or rental by developer of the affordable housing units;
9.
Any proposed alternative as provided in Section 12.230.060 along with information necessary to support the findings required in Section 12.230.060 for approval of such alternatives; and
10.
The community development director
may request additional information as reasonably needed to assist
with evaluation of the affordable housing plan under the standards
of this chapter.
C.
The affordable housing plan shall be processed
concurrently with all other permits required for the residential or
nonresidential development project. Before approving the affordable
housing plan, the decision-making body shall find that the affordable
housing plan conforms to this chapter. A condition shall be attached
to the first approval of any residential or nonresidential development
project to require recordation of an affordable housing agreement,
as described in this subsection, prior to the approval of any final
or parcel map or building permit for the residential or nonresidential
development project.
D.
Affordable Housing Agreement. To ensure
compliance with the approved affordable housing plan, an affordable
housing agreement acceptable to the city attorney or designee shall
be recorded against the residential or nonresidential development
project prior to approval of any final or parcel map, or issuance
of any building permit, whichever occurs first. The affordable housing
agreement shall specify the number, type, location, size, phasing,
and terms of affordability of all affordable housing units, provisions
for income certification and screening of potential purchasers or
renters of units, resale control mechanisms for for-sale units, the
financing of ongoing administrative and monitoring costs, and all
other provisions required to ensure compliance with the approved affordable
housing plan.
E.
The community development director may
adopt affordable housing guidelines consistent with this chapter and
the Housing Element for the purpose of carrying out the administration
of this chapter and may update those guidelines periodically as required.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
All affordable units provided pursuant to Sections 12.230.030 and 12.230.060 shall be comparable to the overall quality of construction to market-rate units in the same housing development as follows:
1.
The exterior appearance of the affordable
units shall be compatible with that of market-rate units, including
the use of the same architectural style, the same faAade and roof
materials, the same trim details, same windows, and compatible roof
design and slope.
2.
Interior finishes and amenities may
not differ from those provided in the base model market rate units.
3.
The average number of bedrooms in
the affordable housing units shall be the same as the average number
of bedrooms and average size in the market-rate units, and the affordable
housing units shall be dispersed within the residential development,
with unit locations comparable to those of the market-rate units,
subject to review and approval by the community development director.
4.
The affordable housing units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development, provided at an affordable rent as defined in Section 12.230.010 or at affordable ownership cost as defined in Section 12.230.010.
B.
Affordable housing units provided pursuant to Sections 12.230.030 and 12.230.060 shall be made available for occupancy concurrently with the market-rate units. For the purposes of this subsection, "concurrently" means that the city shall issue building permits for the market-rate units proportionally with building permits for the affordable housing units, and the city shall approve final inspections or certificates of occupancy for the market-rate units in proportion with final inspections or certificates of occupancy for the affordable housing units. However, the decision-making body for the planning permit may modify the timing requirements for construction and occupancy of market-rate units to accommodate phasing schedules, model variations, or other factors, if the decision-making body determines that modifying the timing requirements is necessary to ensure feasibility of the residential development project.
C.
All affordable housing units provided pursuant to Sections 12.230.030 and 12.230.060 shall be subject to a resale restriction, deed of trust, and/or regulatory agreement recorded against the property for execution by the city manager, in a form approved by the city attorney, to ensure the continued affordability of the affordable units.
1.
Affordable housing units produced
under this chapter shall be legally restricted to occupancy by households
of the income levels for which the units were designated for a period
of not less than fifty-five years for rental units and forty-five
years for for-sale units.
2.
To the extent permitted by state
and federal law, preferences will be given to those households where
at least one member in the household lives or works in San Bruno or
works for a school district serving the residents living in the city,
except for those deemed ineligible due to conflict of interest noted
below.
3.
Conflict of Interest. The following
individuals are ineligible to purchase or rent certain affordable
housing units: (a) elected or appointed city officials (including
their spouse and dependents) who participated in the approval process
for a project that included the affordable housing units; (b) the
project applicant and its officers and employees (and their spouse
and dependents); and (c) the project owner and its officers and employees
(and their spouse and dependents). However, employees of the project
applicant and project owner may purchase or rent affordable housing
units if the units were designed and intended to be occupied by employees
of the applicant or owner and approved by the decision-making body
as part of the affordable housing plan. Officials, employees, or consultants
of the city and members of city boards and commissions shall comply
with all applicable laws, regulations, and policies relating to conflicts
of interest as to their eligibility to develop, construct, sell, rent,
lease, occupy, or purchase an affordable unit.
4.
Any household that occupies an affordable
housing unit must occupy that unit as its principal residence, unless
otherwise approved in writing for rental to a third party for a limited
period of time due to household hardship, as determined by the city.
5.
No household may begin occupancy
of an affordable unit until the household has been determined to be
eligible to occupy that unit by the community development director
or designee. The city manager or designee may from time to time adopt
guidelines for determining household income and affordable housing
cost, determining buyer eligibility, monitoring, and relevant administrative
provisions.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
Sale
to Eligible Households. Owner-occupied units will be offered to eligible
households at an affordable ownership cost. Each prospective purchaser's
income shall be certified and approved by the city prior to close
of escrow.
B.
Initial
Sales Price. The city will determine the affordable ownership cost
upon request of the developer at the start of unit marketing.
C.
Deed
Restrictions. Deed restrictions provided by the city, recorded against
title to the affordable housing unit, and secured by a deed of trust
shall be required as condition of sale for all owner-occupied affordable
housing units and will include, but are not limited to, the city's
or its designee's option to purchase, resale restrictions, occupancy
requirements, payment of penalty for any default, and procedures and
policies regarding changes in title. Deed restrictions must be approved
by the city attorney prior to close of escrow.
D.
Administration.
The developer or subsequent seller shall pay all administrative costs
associated with the sale of the for sale affordable housing units,
including for buyer review and qualification, and the review and processing
of documents associated with the transaction.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021)
A.
Non-Discrimination.
When selecting tenants, the owners of affordable housing units shall
comply with all fair-housing laws, rules, regulations, and guidelines.
The owner shall apply the same rental terms and conditions to tenants
of affordable housing units as are applied to all other tenants, except
as required to comply with this chapter or with other applicable government
programs.
B.
Annual
Report. The owner shall submit an annual report summarizing the occupancy
of each affordable housing unit for the year and demonstrating the
income-eligibility of the tenant, as required by the affordable housing
agreement or rent regulatory agreement. The community development
director may require additional information to confirm household income
and rental price of the unit if the director deems necessary. The
city council may establish an annual fee by resolution to cover the
costs of this monitoring.
C.
Periodic
Audit. The city shall have the right to periodically audit the information
supplied to the city for the annual report if deemed necessary to
ensure compliance with this chapter. In addition, owners of affordable
housing units shall cooperate with any audits conducted by the city,
state agencies, federal agencies, or their designees.
D.
Change
in Income. If, after moving into an affordable rental housing unit,
a tenant's household income exceeds the limit for that unit, the tenant
household may remain in the unit as long as his or her household income
does not exceed one hundred twenty percent of the income limit, but
the tenant's rent shall be increased to thirty percent of monthly
income upon expiration of the tenant's lease. Once the tenant's income
exceeds one hundred twenty percent of the income limit, the tenant
shall be given one year's notice to vacate the unit, or the next available
market rate unit in the residential development shall be offered as
an affordable housing unit. The owners of the residential development
are responsible for notifying the city of such changes in income and
documenting the process by which the existing tenant will be removed
or the next available unit shall be offered as an affordable housing
unit.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
As
part of an application for the first approval of a residential or
nonresidential development project, a developer may request that the
requirements of this chapter be waived or modified by the decision-making
body, based upon a showing that applying the requirements of this
chapter would result in an unconstitutional taking of property or
would result in any other unconstitutional result. Concurrently:
1.
Any request for a waiver or modification
shall be submitted with the project application. The developer shall
set forth in detail the factual and legal basis for the claim, including
all supporting technical documentation.
2.
Any request for a waiver or modification
based on this section shall be reviewed and considered at the same
time as the project application. The city council may from time to
time establish by resolution a processing fee for review of any request
for a waiver or modification.
B.
The
waiver or modification may be approved only to the extent necessary
to avoid an unconstitutional result, based upon legal advice provided
by or at the behest of the city attorney, after adoption of written
findings, based on legal analysis and the evidence. If a waiver or
modification is granted, any change in the project shall invalidate
the waiver or modification, and a new application shall be required
for a waiver or modification pursuant to this section.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
There
is hereby established in the city of San Bruno a separate "affordable
housing fund," pursuant to Section 66006 of the California Government
Code. All affordable housing impact fees and in-lieu fees or other
funds collected under this chapter shall be deposited into the city's
affordable housing fund.
B.
The
moneys in the affordable housing fund and all earnings from investment
of the moneys in the fund shall be expended exclusively to provide
housing affordable to extremely low-income, very low-income, lower-income,
and moderate-income households in the city, consistent with the goals
and policies contained in the city's Housing Element and the purposes
for which the fees were collected, and for administration and compliance
monitoring of the affordable housing program.
C.
The
city council may, from time to time, adopt guidelines for expenditure
of moneys in the affordable housing fund.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021)
A.
Payment
of any affordable housing in-lieu fee or impact fee is the obligation
of the developer for a residential or nonresidential development project.
The city may institute any appropriate legal actions or proceedings
necessary to ensure compliance herewith, including, but not limited
to, actions to revoke, deny, or suspend any permit or development
approval.
B.
The
city attorney shall be authorized to enforce the provisions of this
chapter and all affordable housing agreements, regulatory agreements,
and all other covenants or restrictions placed on affordable units,
by civil action and any other proceeding or method permitted by law.
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 residential development 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 section 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. 1843 § 3, 2016; Ord. 1898 § 3, 2021)
