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, including California Government Code Section
65580 and related provisions.
B.
Offset
the demand for affordable housing that is created by new development
and mitigate environmental and other 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.
C.
Promote
the City's policy to provide an adequate number of affordable housing
units to the City's housing stock in proportion to the existing or
projected need in the community, as identified by the Housing Element.
D.
Support
the Housing Element goal of providing housing opportunities for those
who work in Burlingame.
E.
Support
the Housing Element goal of achieving increased affordability of housing.
F.
Support
the Housing Element policy of developing of a variety of housing types
that are affordable to very low-income and extremely low-income households.
G.
Support
the Housing Element goal of preserving residential character by encouraging
maintenance, improvement, and rehabilitation of the City's neighborhoods
and housing stock.
(Ord. 2000 § 2, (2021))
As used in this chapter, the following terms shall have the
following meanings:
means the Community Development Director of the City or other
person designated by the City Manager.
means a separate fund or account designated by the City to
maintain and account for all monies received pursuant to this chapter.
means the sales price of a for-sale affordable unit resulting 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, and a reasonable allowance for utilities, property maintenance, and repairs, not exceeding the sales prices specified by Section 50052.5 of the California Health and Safety Code and California Code of Regulations Title 25, Sections 6910-6924, as they may be amended from time to time.
means the total monthly housing expenses for an affordable rental unit not exceeding the rents specified by Section 50053 of the California Health and Safety Code and California Code of Regulations Title 25, Sections 6910-6924, as they may be amended from time to time. As used in this chapter, "affordable rent" shall include the total of monthly payments by the tenant for all of the following: (1) use and occupancy of the rental unit and land and all facilities associated with the rental 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 N; 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.
means a dwelling unit which a builder proposes as an alternative
to payment of the residential impact fee, as defined in this chapter
and which is required to be rented at a rate affordable to very low-,
low-, or moderate-income households, or sold at an affordable ownership
cost to very low-, low-, or moderate-income households.
means any person, firm, partnership, association, joint venture,
corporation, or any entity or combination of entities which seeks
City approvals for all or part of a residential development project.
includes full structural building permits as well as partial
permits such as foundation-only permits.
means the City staff person or body authorized to approve
or deny an application for a planning or building permit for a residential
development project.
means the first discretionary approval to occur with respect
to a residential development project or, for residential development
projects not requiring a discretionary approval, the issuance of a
building permit.
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 households with incomes no greater than the maximum
income for low-income households, as published annually by the County
of San Mateo for each household size, based on United States Department
of Housing and Urban Development (HUD) and the California Department
of Housing and Community Development (HCD) income limits for San Mateo
County, unless stated otherwise in this chapter.
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 County of San Mateo for each household size,
based on median income data for San Mateo County published by the
United States Department of Housing and Urban Development (HUD) and
the California Department of Housing and Community Development (HCD),
unless stated otherwise in this chapter.
means households with incomes no greater than the maximum
income for moderate-income households, as published annually by the
County of San Mateo for each household size, based on United States
Department of Housing and Urban Development (HUD) and the California
Department of Housing and Community Development (HCD) income limits
for San Mateo County, unless stated otherwise in this chapter.
means any discretionary approval of a development project,
including, but not limited to, a comprehensive or specific plan adoption
or amendment, rezoning, tentative map, parcel map, conditional use
permit, variance, or architectural review.
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 as well as 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 builder.
means all horizontal areas of the several floors of such
buildings measured from the exterior faces or exterior walls or from
the center line of party walls separating two buildings, minus the
horizontal areas of such buildings used exclusively for covered porches,
patios, or other outdoor space, amenities and common space, parking,
elevators, stairwells or stairs between floors, hallways, and between-unit
circulation.
means households with incomes no greater than the maximum
income for very low-income households, as published annually by the
County of San Mateo for each household size, based on United States
Department of Housing and Urban Development (HUD) and the California
Department of Housing and Community Development (HCD) income limits
for San Mateo County, unless stated otherwise in this chapter.
(Ord. 2000 § 2, (2021))
A.
Initial
fees shall be imposed on new residential development projects as follows:
|
Impact Fee – Per Square Foot
| ||
|---|---|---|
|
Base
|
With Prevailing/Area Wage
| |
|
Rental Multifamily – 11 units and above
| ||
|
Up to 50 dwelling units/acre
|
$17.00 / sq ft
|
$14.00 / sq ft
|
|
51 to 70 dwelling units/acre
|
$20.00 / sq ft
|
$17.00 / sq ft
|
|
71 dwelling units/acre and above
|
$30.00 / sq ft
|
$25.00 / sq ft
|
|
For Sale Multifamily (Condominiums) 7 units and above
| ||
|
|
$35.00 / sq ft
|
$30.00 / sq ft
|
B.
Fees
shall be based on the calculation of the residential floor area as
defined in this chapter and shall include a credit for existing uses.
The Council may amend these fees through the public hearing process
for the City's Master Fee Schedule. Residential impact fees shall
not exceed the cost of mitigating the impact of the residential development
projects on the need for affordable housing in the City.
C.
Rental
projects that convert to condominiums within 10 years of completion
of construction would be subject to the fee differential between rental
and for sale units as a condition of conversion. The fee differential
shall be based on the fee structure in place at the time of conversion
to condominiums, minus the fees originally submitted at the time of
construction.
(Ord. 2000 § 2, (2021))
Any residential impact fee shall be paid in full prior to the
issuance of the first building permit for the residential development
project subject to the fee or at a time otherwise specified by Council
resolution. The fee shall be calculated based on the fee schedule
in effect at the time the building permit is issued.
(Ord. 2000 § 2, (2021))
For residential development projects that are granted a density
bonus pursuant to California Government Code Section 65915 et seq.
(the "State Density Bonus Law"), the residential impact fee shall
apply to all market-rate units, including any additional market-rate
units provided under the State Density Bonus Law. The residential
impact fee shall not apply to affordable units provided under the
State Density Bonus Law. The required residential impact fee shall
be reduced to the extent that any affordable units mitigate the market
rate units' impact on the need for affordable housing in the City.
The Director may issue guidelines from time to time regarding the
calculation of any fee reduction.
(Ord. 2000 § 2, (2021))
A.
The
following residential development projects are exempt from the provisions
of this chapter:
1.
Rental
multifamily projects with a total of 10 units or fewer;
2.
For
sale multifamily (condominiums) with a total of six units or fewer;
3.
Projects
that have established a vested right not to be subject to this chapter;
4.
Applications
under review by the Planning Commission or Community Development Department
that had been deemed complete at the time of adoption of the residential
impact fees provided for in this chapter.
B.
The
Council may elect to waive payment of the residential impact fee if
it finds that: (1) the residential development project is dedicated
to a public use owned and operated by other public agencies or a nonprofit
public benefit corporation; and (2) the benefits to the community
provided by such public use exceed those that would be provided by
the payment of the residential impact fee. If the Council elects to
waive residential impact fees pursuant to this provision, the public
use of the site shall be guaranteed by a recorded document in a form
acceptable to the City Attorney.
C.
The
Council by resolution may adopt additional exemptions from time to
time.
(Ord. 2000 § 2, (2021))
A.
Alternatives
Available to Projects Requiring an Impact Fee. As an alternative to
compliance with the impact fee requirements included in this chapter,
developers of residential projects may propose to mitigate the affordable
housing impacts of such development through the construction of affordable
units on site or through an alternative mitigation program proposed
by the developer, such as the provision of off-site affordable units,
donation of land for the construction of affordable units, or purchase
of existing units for conversion to affordable units. Any such alternative
must include a guarantee of affordability for a period of 55 years.
The Commission may approve the provision of affordable units on site,
consistent with the requirements set forth in subsection B., below,
as part of its review of the project. For all other alternatives,
the Director shall analyze the proposal and provide advice to the
Council which, in its sole discretion, shall determine whether the
proposed alternative is sufficient to meet the objectives of this
chapter.
B.
The
provision of on-site affordable units in lieu of payment of residential
impact fees shall be allowed as of right, provided the project meets
the following criteria:
1.
If
a rental multifamily project provides 10 percent of the units on site
to be affordable to moderate income households (in this instance 80
to 120 percent AMI) for a period of 55 years, the impacts of residential
development on the need for affordable housing shall be deemed mitigated.
2.
If
a for-sale multifamily (townhome/condominium) project provides 10
percent of the units on site to be affordable to above-moderate income
households (in this instance 120 to 150 percent AMI, with the price
set at the 135 percent AMI level) for a period of 55 years, the impacts
of residential development on the need for affordable housing shall
be deemed mitigated.
C.
Approval of Off-Site Affordable Units. If a developer proposes off-site affordable units or any other alternative in the affordable housing plan required under Section 25.45.080 (Affordable Housing Plan and Agreement), the Council may, in its sole discretion, approve such a proposal if it finds the proposal meets the following conditions:
1.
Financing
or a viable financing plan, which may include public funding sources,
is in place for the proposed affordable housing units; and
2.
The
proposed location is suitable for the proposed affordable housing,
is consistent with the Housing Element, general plan, and zoning,
and will not cause residential segregation; and
3.
The
proposed units will be maintained as affordable for a period of 55
years.
D.
Other Alternatives. The Council may consider an alternative mitigation program proposed by the developer, such as donation of land for the construction of affordable units, purchase of existing units for conversion to affordable units or alternatives to Section 25.45.090 (Standards for Development).
(Ord. 2000 § 2, (2021))
A.
If the builder seeks an alternative to the payment of the residential impact fee pursuant to Section 25.45.070 (Alternatives), the application for the first approval of a residential development project for which the alternative is sought shall include an "affordable housing plan" that describes how the alternative will comply with the provisions of this chapter. No affordable housing plan is required if the builder proposes only to pay the residential impact fee.
1.
Residential
development projects requesting an alternative to payment of the residential
impact fee require that an affordable housing plan be submitted in
conformance with this chapter prior to the application being deemed
complete.
2.
The
affordable housing plan shall be processed concurrently with all other
permits required for the residential 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 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 development project.
3.
The
approved affordable housing plan may be amended prior to issuance
of any building permit for the residential development project. A
request for a minor modification of an approved affordable housing
plan may be granted by the Director if the modification is substantially
in compliance with the original affordable housing plan and conditions
of approval. Other modifications to the affordable housing plan shall
be processed in the same manner as the original plan.
4.
If
required to ensure compliance with the approved affordable housing
plan, affordable housing agreements acceptable to the Director or
designee shall be recorded against the residential development project
prior to or concurrently with and as a condition of 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, and phasing of all affordable units, provisions
for income certification and screening of potential purchasers or
renters of units, and resale control mechanisms, including the financing
of ongoing administrative and monitoring costs, consistent with the
approved affordable housing plan, as determined by the Director or
designee.
B.
After
approval of the application, the applicant shall enter into a regulatory
agreement with the City. The terms of this agreement shall be approved
as to form by the City Attorney's office and reviewed and revised
as appropriate by the reviewing City official. This agreement shall
be on a form provided by the City and shall include the following
terms:
1.
The
affordability of very low-, lower-, and moderate-income housing shall
be assured in a manner consistent with this chapter.
2.
An
equity sharing agreement pursuant to Government Code Section 65915(c)(2).
3.
The
location, dwelling unit sizes, rental cost, and number of bedrooms
of the affordable units.
4.
A
description of any bonuses and incentives, if any, provided by the
City.
5.
Any
other terms as required to ensure implementation and compliance with
this section, and as applicable sections of State Density Bonus Law.
(Ord. 2000 § 2, (2021))
All affordable units provided pursuant to Section 25.45.070 shall meet the following standards:
A.
The
required affordable dwelling units shall be constructed concurrently
with market-rate units unless both the final decision-making authority
of the City and developer agree within the affordable housing agreement
to an alternative schedule for development.
B.
The
exterior design and construction of the affordable dwelling units
shall be consistent with the exterior design and construction of the
total project development and shall be consistent with any affordable
residential development standards that may be prepared by the City.
C.
The affordable 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 25.45.020 or at affordable ownership cost as defined in Section 25.45.020. Developers are strictly prohibited from discriminating against tenants or owners of affordable units in granting access to and full enjoyment of any community amenities available to other tenants or owners outside of their individual units.
(Ord. 2000 § 2, (2021))
A.
Special
Revenue Fund. A fund for the deposit of fees established under this
chapter shall be established and may also receive monies for housing
from other sources.
B.
Purpose
and Limitations. Monies deposited in the fund shall be used to increase,
improve, and/or protect the supply of housing affordable to moderate-,
low-, very low-, and extremely low-income households. Such purpose
may include, but not be limited to, the construction of new affordable
units, the purchase of affordability covenants or similar initiatives
whose purpose is to preserve existing affordable housing that may
otherwise be lost due to market conditions, and support to workforce
households experiencing unanticipated short-term income disruptions.
Monies may also be used to cover reasonable administrative or related
expenses associated with the administration of this chapter.
C.
Administration.
The fund shall be administered by the Administrator, who may develop
procedures to implement the purposes of the fund consistent with the
requirements of this chapter and subject to any adopted budget of
the City and generally applicable accounting and procurement processes.
D.
Expenditures.
Fund monies shall be used in accordance with the City's Housing Element,
or subsequent plans adopted by the Council to maintain or increase
the quantity, quality, and variety of affordable housing units or
assist other governmental entities, private organizations or individuals
to do so. Permissible uses include, but are not limited to, land acquisition,
debt service, parcel assemblage, gap financing, housing rehabilitation,
grants, unit acquisition, new construction, and other pursuits associated
with providing affordable housing. The fund may be used for the benefit
of both rental and owner-occupied housing.
(Ord. 2000 § 2, (2021))
A.
The
builder of a project subject to this chapter may request that the
requirements of this chapter be waived or modified by the Council,
based upon the absence of any reasonable relationship or nexus between
the impacts of the development and either the amount of the fee charged
or the type of facilities to be financed.
B.
The
application shall be made in writing and filed with the Director not
later than:
1.
Twenty
days prior to the public hearing before the Commission on the development
project application under this title; or
2.
If
no hearing before the Commission is required by this title, at the
time of the filing of the application for a development permit.
3.
The
application shall state in detail the factual basis for the claim
of waiver, reduction, or adjustment.
C.
The
Council shall consider the application at a public hearing held within
60 days after the filing of the fee adjustment application. If a reduction,
adjustment, or waiver is granted, any change in use within the development
project shall invalidate the waiver, adjustment, or reduction of the
fee. The decision of the Council is final.
(Ord. 2000 § 2, (2021))
A.
Payment
of the residential linkage fee is the obligation of the builder of
a residential 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 below market rate 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 builder or owner from the requirements of this
chapter. No permit, license, map, or other approval or entitlement
for a commercial development project shall be issued, including, without
limitation, a final inspection or certificate of occupancy, until
all applicable requirements of this chapter have been satisfied.
D.
The
remedies provided for in this chapter shall be cumulative and not
exclusive and shall not preclude the City from any other remedy or
relief to which it otherwise would be entitled under law or equity.
(Ord. 2000 § 2, (2021))
