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HomeMy WebLinkAboutOrd 1344-2004ORDINANCE NO. 1344-2004 AN ORDINANCE AMENDING CHAFFER INCI,USIONARY HOUSING REQUIREMENTS, TO SOl JTH SAN FRANCISCO MUNICIPAI~ CODE 20.125, THE WHEREAS, on October 13, 1999, at a duly noticed public hearing, the City of South San Francisco adopted an updated General Plan; and WHEREAS, at a duly noticed public hearing of the City Council on September 26, 2001, the City Council adopted Chapter 20.125, Inclusionary Housing Requirements; and WHEREAS, The City of South San Francisco certified the Housing Element of its General Plan on December 11, 2002. The certified Housing Element provides for the development of affordable, well designed and properly located residential housing for all economic sectors of the community in a manner which fosters and maintains the support of the entire community; and WHEREAS, staff has identified through implementation of the Inclusionary Housing Requirements, certain areas that require clarification and proposed amendments to address those provisions requiring clarification; and WHEREAS, the Planning Commission of the City of South San Francisco, at a duly noticed public hearing on May 5, 2004, recommended that the City Council adopt the proposed amendments to Chapter 20.125. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1: AMENDMENTS TO CHAPTER 20.125 Chapter 20.125, entitled "Inclusionary Housing Requirements" is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by reference. Project applications submitted but not yet approved by the governing body as of the effective date of this ordinance shall be subject to the provisions of Chapter 20.125 in effect at the time the project application was deemed complete. SECTION 2: PURPOSE To ensure that all residential developments provide a range of housing opportunities for all identifiable economic segments of the population, including households of lower and moderate income. SECTION 3: FINDINGS Based on all evidence in the record, including but not limited to the testimony, staff reports and other oral and written material provided to the City Council at the duly noticed public hearing on May 26, 2004, the City Council makes the following findings: A. South San Francisco General Plan and Housing Element Appropriateness and Effectiveness of the Housing Element: In adopting the amendments to Chapter 20.125, the City of South San Francisco finds that the amendments further the Housing Element goals, objectives, and policies in contributing to the attainment of the State's housing goal in that: Housing Element Goals and Policies: mo Goal 1. Encourage a supply of housing units sufficient to assure each resident an attractive, healthful, safe environment within a wide range of designs, types, sizes, and prices. B. Goal 2. Continue to support the provision of housing by both the private and public sector for all income groups in the community. Policy 2A. Eliminate constraints to affordable housing. Policy 2B. Stimulate the construction of lower cost units by providing incentives and encouraging mixed use projects, second units, density bonuses, and manufactured housing. Policy 2D. Involve the City directly in retaining and increasing the supply of affordable housing. Policy 2E. Continue to cooperate with other governmental agencies and take an active interest in seeking solutions to area-wide housing problems. Analysis: The above referenced policies support implementation of the proposed amendments as a means to achieve the goal of providing housing to all income levels and at various prices. The amendments clarify existing requirements as to income criteria, submittal of Affordable Housing Agreements and make other administrative amendments designed to streamline approval of residential development. Based on the foregoing, the amendments to the Inclusionary Ordinance are consistent with and further the goals established in the Housing Element of the City of South San Francisco's General Plan. B. California Environmental Quality Act: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the City Council declares that this ordinance is exempt from CEQA based on the following findings: This ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in a physical change in the environment, directly or ultimately. This ordinance does not, in itself, allow the construction of any building or structure. This ordinance, therefore, has no potential for resulting in physical change in the environment, directly or ultimately. For the reasons set forth herein, it can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment, and therefore, the ordinance is not subject to CEQA. SECTION 4: SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 5: PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 26th day of May 2004. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 23rd day of June 2004. AYES: Councilmembers Richard A. Garbarino and Pedro Gonzalez, and Mayor Karyl Matsumoto None. NOES: ABSTAIN: None. ABSENT: Councilmember Joseph A. Fernekes and Vice Mayor Raymond L. Green ATTEST: As Mayor of the City of South San Francisco, I do hereby Ordinance this 23rd day of June 2004. Deputy City Clerk app/~°~e lhe [~r~ing //' %x,,..~yor -- Re-adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 8th day of September 2004, by the following vote: AYES: Councilmembers Joseph A. Fernekes and Pedro Gonzalez, Vice Mayor Raymond L. Green and Mayor Karyl Matsumoto NOES: None. ABSTAIN: None. ABSENT: Councilmember Richard A. Garbarino ATTEST: "-- X/ir:/r) ']/)/, t ff ' City Clerk As Mayor of the City of South San Francisco, I do hereby approvqthe foregoing Ordinance this 8th day °f September 2004' ~x/~k~ ~/!~ ~i~ ! ~ Chapter 20.125 lnclusionary Housing Requirements Sections: 20.125.010 20.125.020 20.125.030 20.125.035 20.125.040 20.125.050 20.125.070 20.125.080 20.125.090 20.125.100 20.125.110 20.125.120 20.125.130 20.125.140 20.125.150 20.125.155 20.125.160 20.125.165 20.125.170 Purpose and Intent Definitions Inclusionary Housing Requirement New Master Plans Or Specific Plans Affordable Housing Standards Calculating The Required Number Of Inclusionary Units Alternatives To New Inclusionary Units Combined Inclusionary Housing Projects Disposition Of Excess Inclusionary Units Offsets To The Cost Of Affordable Housing Development In-Lieu Fees Collection Of Fees Preliminary Project Application And Review Process Affordable Housing Agreement As A Condition Of Development Agreement Amendments Period of Affordability Pre-Existing Approvals Enforcement Savings Clause 20.125.010: Purpose and Intent The purpose and intent of this chapter is as follows: (a) The City's objective, as established by the housing element of the City's general plan, is to ensure that all residential development, including all master planned and specific planned communities and all residential development provide a range of housing opportunities for all identifiable economic segments of the population, including households of lower and moderate income. It is the policy of the City to: (1) Require that a minimum of twenty (20%) percent of all approved residential development consisting of four or more units be restricted to and affordable to lower-income households; subject to adjustment based on the granting of certain incentives; and, (2) Require that at least twenty percent (20%) of all new dwelling units be restricted to and affordable to low- or moderate-income households. Not less than forty percent (40%) of the affordable units, or eight percent (8%) of the total units, are to be restricted to and affordable to low-income households; and, (3) Require that all developments consisting of ten units or more shall provide the affordable units on-site, and, (4) Under certain conditions, allow alternatives to constructing new affordable units onsite as a means of providing affordable units in the City; and, (5) For housing developments consisting of 4 to 9 units, allow Inclusionary requirements to be satisfied through the payment of an in-lieu fee as an alternative to requiring inclusionary units to be constructed. (b) It is the purpose of this chapter to implement the City's objectives and policies as stated in subsection (a). (c) 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. 1303- 01, 2001) 20.125.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established by this section: (a) "Affordable housing" means housing for which the allowable housing expenses paid by a qualifying household shall not exceed thirty (30%) percent of the gross monthly income for Low-Income and Lower-Moderate, adjusted for household size, as determined by the U.S. Department of Housing and Urban Development Income Limits. (b) "Affordable housing agreement" means a legally binding agreement between a developer and the City to ensure that the inclusionary requirements of this chapter are satisfied. The agreement establishes, among other things, the number of required inclusionary units, the unit sizes, location, affordability tenure, terms and conditions of affordability and unit production schedule. (c) "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 as defined by the Federal Regulations for the Tenant Based Rental Assistance Program. (2) For a rental unit, allowable housing expenses include rent and a utility allowance as determined annually by the U.S. Department of Housing and Urban Development, 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. (d) "Combined inclusionary housing project" means separate residential development sites which are linked by a contractual relationship such that some or all of the inclusionary units which are associated with one development site are produced and operated at a separate development site or sites. (e) "Conversion" means the change of status of a dwelling unit from a purchased unit to a rental unit or vice versa. (f) "Density bonus (new residential construction) For the purposes of this chapter, "density bonus" means a density increase of at least twenty (20%) percent, unless a lesser percentage is elected by the developer, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the developer to the City. The density bonus shall apply to housing developments consisting of four more dwelling units that meet the requirements for a Density Bonus as established in Chapter 20.130. (g) "Financial assistance" means assistance to include, but not be limited to, the subsidization of fees, infrastructure, land costs, or construction costs, the use of redevelopment set-aside funds, community development block grant (CDBG) 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. (h) "Incentives" means a reduction in the inclusionary housing requirement granted in Page 6 of 16 S:LReso and Ord\2004\09 September\Ord 1344 04.doc return for the provision of certain desired types of affordable housing or related amenities as determined by the City Council. (i) "Inclusionary housing project" means a new residential development or conversion of existing residential buildings which has at least twenty (20%) percent of the total units reserved and made affordable to lower-income households as required by this chapter. Of the 20%, at least 8% shall be affordable to persons of low-income and no more than 12% affordable to persons of low-to-moderate income as those terms are defined in this Chapter. (j) "Inclusionary unit" means a dwelling unit that will be offered for rent or sale exclusively to and which shall be affordable to lower-income households, as required by this chapter. (k) "Income" means any monetary benefits that qualify as income in accordance with the criteria and procedures used by the City of South San Francisco Economic and Community Development department. In addition to the income of a targeted group, limitations on assets may also be used as a factor in determining eligibility for rental or for sale units. (1) "Low-income household" means those households whose gross income is more than fifty percent (50%) but does not exceed eighty percent (80%) of the unadjusted area median income for San Mateo County. (m) "Low-to-Moderate-Income household" means households whose gross income is between eighty-one percent (81%) and one hundred and twenty percent (120%) of the unadjusted area median income for San Mateo County. (n) "Median Income" means the median income earned by a household or family, adjusted by size, as published by U.S. Department of Housing and Urban Development. Page 7 of 16 S:LReso and Ord\2004\09 September\Ord 1344 04.doc (o) "Market-rate unit" means a dwelling unit where the rental rate or sales price is not restricted either by this chapter or by requirements imposed through other local, state, or federal affordable housing programs. (p) "Offsets" means concessions or assistance to include, but not be limited to, direct financial assistance, density increases, standards modifications or any other financial, land use, or regulatory concession which would result in an identifiable cost reduction enabling the provision of affordable housing. (q) "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. (r) "Target income level" means the unadjusted income standards for extremely low, very low and low-income levels within San Mateo County adjusted for family size. (s) "Total residential units" means the total units approved by the final decision making authority. Total residential units are composed of both market rate units and inclusionary units. (Ord 1303 - 01, 2001) 20.125.030 Inclusionary Housing Requirement. The inclusionary housing requirements of this chapter shall apply as follows: (a) This chapter shall apply to all residential market-rate dwelling units resulting from new construction of rental and "for-sale" projects consisting of four or more residential units, as well as the conversion of apartments to condominiums. (b) For any residential development or development revision of four or more units, not less than twenty (20%) percent of the total units approved shall be constructed and restricted both as to occupancy and affordability to low-, and lower-moderate income households. (c) 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 units is not increased, except that this chapter shall pertain to the subdivision of land for the conversion of apartments to condominiums; (2) Conversion of a mobilehome park pursuant to Section 21.37.120 of the code; (3) 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 residential units is not increased from the number of residential units of the previously destroyed or demolished residential structure; (4) Second dwelling units not constructed to fulfill inclusionary housing requirements and developed in accordance with Section 20. of this code; (5) Those residential units which have obtained approval of a Vesting Tentative Map or a Development Agreement prior to the effective date of this ordinance, as set forth in Section 20.125.160 of this chapter. (Ord. 1303- 01, 2001) 20.125.035 New Residential Projects Applications for Planned Unit Development Permits, Tentative Maps, Vesting Tentative Map, and other land use entitlements that seek approval of a residential development project of four or more residential units shall submit an inclusionary housing plan as follows: (a) All applications approved on or after the effective date, or deemed complete on or after the effective date, of the ordinance codified in this chapter are required by this chapter to provide an Affordable Housing Agreement with the application for development. This Affordable Housing Agreement 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 lower-income households in the project including the specific levels of affordability; (3) The designated sites for the location of the inclusionary units, including but not limited to any sites for locating offsite inclusionary housing projects or combined inclusionary housing projects; (4) 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. All relevant terms and conditions of the Affordable Housing Agreement shall be filed and recorded as a restriction on the Page 8 of 16 S:LReso and Ord\2004\09 September\Ord 1344 04.doc project as a whole and those individual lots, units or projects which are designated as inclusionary units. The affordable housing agreement shall be consistent with Section 20.125.140 of this chapter. (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 Section 20.87 of this code, shall incorporate into the amended master plan or specific plan document an inclusionary housing plan, consistent with this section of this chapter. (Ord 1303 - 01, 2001) 20.125.040 Affordable Housing Standards. The affordable housing standards are as follows: (a) All residential developments are subject to and must satisfy the inclusionary housing requirements of this chapter, notwithstanding a developer's request to process a residential development under other program requirements, laws or regulations, including but not limited to Chapter 20.130 (Residential Density Bonus) of this code. (b) Unless otherwise provided in 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 developer agree within the affordable housing agreement to an alternative schedule for development. (d) Inclusionary rental units shall remain restricted and affordable to the designated income group for fifty-five (55) years. Notwithstanding anything to the contrary_in this chapter, no inclusionary unit shall be rented for an amount which exceeds ninety (90%) percent of the actual rent charged for a comparable market unit in the same development, if any. (e) The inclusionary for-sale units shall remain affordable for a term of fifty-five (55) years and said affordability term shall be filed and recorded as a restriction on those individual lots, units or projects which are designated as inclusionary units. After the initial sale of the inclusionary for-sale units at a price affordable to the target income level group, inclusionary for- sale units shall remain affordable to subsequent income eligible buyers pursuant to a resale restriction with a term of fifty-five (55) years. For-sale units may be sold at market price under the conditions in (f) through (h) of this section. (f) Base Resale Price: The price at which the Owner purchased the Affordable Unit shall be adjusted by the percentage increase or decrease in the median annual income at 100% of median of a family of four in San Mateo County. The percentage increase or decrease shall be computed for the period that the Affordable Unit is held by Owner. This adjusted price shall be increased by the market value, if any, of any documented, permanent capital real estate or fixed improvements approved by City. No price adjustment will be made except upon presentation to the City of written documentation of all expenditures made by Owner for which an adjustment is requested. The adjusted 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 South San Francisco Municipal Code and the affordable housing guidelines established by the City. The value of price adjustments shall be reasonably determined by Page 9 of 16 S:LReso and Ord\2004\09 September\Ord 1344 04.doc the City. The resulting price shall be the Base Resale Price of the unit. (g) Upon resale of the unit, if the Affordable Unit is sold above the restricted affordable price during the fifty-five (55) year affordability term, the City will receive the difference between the Base Resale Price and the actual market sales price of the unit. (h) Funds recaptured by the City shall be used in assisting other eligible households with home purchases at affordable prices. To the extent possible, projects using for-sale units to satisfy inclusionary requirements shall be designed to be compatible with conventional mortgage financing programs including secondary market requirements. (i) Ideally, off-site inclusionary units should 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. (j) 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. (k) Inclusionary projects shall provide a mix of number of bedrooms in the affordable dwelling units in response to affordable housing demand priorities of the City. Inclusionary projects shall provide a distribution of affordable units within the designated affordabilit¥ range as follows: One third (33.3%) of lower income units shall be affordable to households between 50 and 60 percent of median income; one third (33.3%) of lower income units shall be affordable to households between 60 and 70 percent of median income; one third (33.3%) of lower income units shall be affordable to households between 70 and 80 percent of median income; and one third (33.3%) of lower-to- moderate income units shall be affordable to households between 80 and 90 percent of median income; and one third (33.3%) of lower-to- moderate income units shall be affordable to households between 90 and 100 percent of median income; one third (33.3%) of lower-to- moderate income units shall be affordable to households between 100 and 110 percent of median income. (1) No building permit shall be issued, nor any development approval granted for a 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 1303 - 01 2001) 20.125.050 Calculating The Required Number Of Inclusionary Units. Subject to adjustments for incentives, the required number of lower-income inclusionary units shall be twenty (20%) percent of the total residential units, approved by the final decision- making authority. If the inclusionary units are to be provided within an offsite combined or other project, the required number of affordable inclusionary units shall be twenty (20%) percent of the total residential units to be provided both onsite and/or offsite. Subject to the maximum density permitted in the General Plan or granted by specific authorization of the Planning Commission or City Council. Fractional inclusionary units of .5 will be subject to payment of the in-lieu fee for the proportionate amount of the fractional unit. The in-lieu fee to be paid for each inclusionary dwelling unit shall be equal to the developer's Page 10 of 16 S:LReso and Ord\2004\09 September\Ord 1344 04.doc fractional costs of constructing a market rate unit in the proposed project, including land and improvements. 20.125.070 Alternatives To Constructing New Inclusionary Units. Notwithstanding any contrary provisions of this chapter, at the sole discretion of the City Council, the City may determine that an alternative to the construction of new inclusionary units is acceptable. (a) The City Council may approve alternatives to the construction of new inclusionary units where the proposed alternative supports specific housing element policies and goals and assists the City in meeting its state housing requirements. (1) 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, developer capability, and financial subsidies available. Evidence must be submitted to the City Manager or his or her designee and included in the request for any waiver of the construction of new inclusionary units. (2) Alternatives may include, but are not limited to, acquisition and rehabilitation of affordable units, conversion of existing market units to affordable units, construction of special needs housing projects or programs (shelters, transitional housing, etc.), and the construction of second dwelling units. (b) Second dwelling units constructed to satisfy an inclusionary housing requirement shall be rent restricted to affordable rental rates, and renters shall be income-qualified, as specified in the applicable affordable housing agreement. In no event shall a developer be allowed to construct more than a total of fifteen (15) second dwelling units in any given development to satisfy an inclusionary requirement. (c) Contribution to a special needs housing project or program may also be an acceptable alternative based upon such findings. The requisite contribution shall be calculated in the same manner as an in-lieu fee per Section 20.125.110. (Ord 1303 - 01, 2001) 20.125.080 Combined Inclusionary Housing Projects. An affordable housing requirement may be satisfied with offsite construction as follows: (a) When it can be demonstrated by a developer that the goals of this chapter and the City's housing element would be better served by allowing some or all of the inclusionary units associated with one residential project site to be produced and operated at an alternative site or sites, the resulting linked inclusionary project site(s) is a combined inclusionary housing project. (b) It is at the sole discretion of the City Council to authorize the residential site(s) which form a combined inclusionary housing project. (1) Such decision shall be based on findings that the combined project represents a more effective and feasible means of implementing this chapter and the goals of the City's housing element. (2) Factors to be weighed in this determination include: (A) the feasibility of the onsite option considering project size, site constraints; (B) competition from other projects; (C) difficulty in integrating due to significant price and product type disparity; and, Pagellof16 S:LReso and Ord\2004\09 September\Ord 1344 04.doc (D) lack of capacity of the onsite development entity to deliver affordable housing. Also to be considered are whether the offsite option offers greater feasibility and cost effectiveness, location advantages such as proximity to jobs, schools, transportation, and services, diminished impact on other existing developments, capacity of the development entity to deliver the project, and satisfaction of multiple developer obligations that would be difficult to satisfy with multiple projects. (c) All agreements between parties to form a combined inclusionary housing project shall be made a part of the affordable housing agreement required for the site(s), which affordable housing agreement(s) shall be approved by Council. (Ord 1303- 01, 2001) 20.125.090 Disposition of Excess Inclusionary Units. Inclusionary units created which exceed the final requirement for a project may, subject to City Council approval in the affordable housing agreement, be utilized by the developer to satisfy other inclusionary requirements for which it is obligated or market the units to other developers as a combined project subject to the requirements of Section 20.125.080. (Ord 1303 - 01, 2001) 20.125.100 Offsets To The Cost Of Affordable Housing Development. The City shall consider making offsets available to developers when necessary to enable residential projects to provide a preferable product type or affordability in excess of the requirements of this chapter. (a) Offsets will 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. To the degree that the City makes available programs to provide offsets, developers may make application for such programs. (b) 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 to receive any offsets from the City or any other party or agency to enable the developer to meet the obligations established by this chapter. (d) Projects are entitled to density bonuses and/or other incentives in accordance with provisions of state law, pursuant to the provisions of Chapter 20.130.105 of this code. (e) Any offsets approved by the City Council and the housing affordability to be achieved by use of those offsets shall be set out within the affordable housing agreement pursuant to Section 20.130.140 or, at the City's discretion in a subsequent document. (f) Developers are encouraged to utilize local, state or federal assistance, when available, to meet the affordability standards set forth in Sections 20.125.030 and 20.125.040. (Ord 1303 - 01, 2001) 20.125.110 In-lieu Fees. Payment of a fee in-lieu of construction of affordable units may be appropriate in the following circumstances: Page 12 of 16 S:LReso and Ord\2004\09 September\Ord 1344 04.doc (a) For any residential development or development revision consisting of four to nine units, the inclusionary requirements may be satisfied 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 equal to the developers costs of constructing a market rate unit in the proposed project, including land and improvements. (c) In lieu-fees shall be paid at the time a building permit is issued for the development. (d) At the discretion of the City Council, where a developer is authorized to pay a fee in- lieu of development, an irrevocable dedication of land or other non-monetary contribution of a value not less than the sum of the otherwise required in-lieu fee may be accepted as an alternative to paying the in-lieu fee if it is determined that the non-monetary contribution will be effectual in furthering the goals and policies of the housing element and this chapter. The valuation of any land offered in-lieu shall be determined by an appraisal made by an agent mutually agreed upon by the City and the developer. Costs associated with the appraisal shall be borne by the developer. (e) Where a developer is authorized to pay a fee in-lieu of development of affordable housing units, any approvals 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. (f) An alternative to paying an in-lieu fee(s), inclusionary housing requirements may be satisfied either through a combined inclusionary housing project, pursuant to Section 20.125.080 of this chapter or new construction of inclusionary units subject to approval of the final decision-making authority. (Ord 1303 - 01, 2001) 20.125.120 Collection Of Fees. All in-lieu fees collected hereunder shall be deposited in a housing trust fund. Said 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 1303 - 01,2001) 20.125.130 Preliminary Project Application And Review Process. The preliminary project application/review process shall be as follows: (a) A developer 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 developer may submit a preliminary application to the housing and redevelopment director 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 assessors 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 and/or adjustments are being requested of the Page 13 of 16 SSReso and Ord\2004\09 September\Ord 1344 04.doc City. Justification for each request should also be included. (b) Within thirty days of receipt of the preliminary application by the planning director for projects not requesting offsets or incentive adjustments, or ninety days for projects requesting offsets or incentive adjustments the department shall provide to an applicant, a letter which identifies project issues of concern, the offsets and incentive adjustments that the City Manager or his or her 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 1303 - 01, 2001) 20.125.140 Affordable Housing Agreement As A Condition Of Development. This chapter requires the following: (a) Developers 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 Department and submitted to the developer 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 his or her designee and approved by the City Manager or his or her designee. (b) Agreements which involve requests for offsets and/or incentives, 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/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 affordable 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/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/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 off-set for the provision of affordable 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 onsite or offsite, shall establish, but not be limited to, the following: (1) The number of inclusionary dwelling units proposed, with specific calculations Page 14 of 16 S:LReso and Ord\2004\09 September\Ord 1344 04.doc detailing the application of any incentive adjustment credit; (2) The unit square footage, and number of bedrooms; (3) The proposed 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/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 1303 - 01, 2001) 20.125.150 Agreement Amendments. 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 20.125.035 (c). 20.125.155 Period of Affordability The City or its designee shall have a first right of refusal to purchase affordable 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 ninety 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 1303 - 01, 2001) 20.125.160 Pre-existing Approvals. The following projects shall not be subject to requirements of the ordinance codified in this chapter. (a) Any residential developments for which an application for a vesting tentative map has been deemed complete prior to the effective date of this ordinance, unless otherwise authorized by law. (b) Any project subject to an executed development agreement when the effective date of the agreement is prior to the effective date of this ordinance or the development agreement contains the affordability requirements of this Chapter. (Ord 1303 - 01, 2001) 20.125.165 Enforcement. Enforcement provisions are as follows: Page 15 of 16 S:XReso and Ord\2004\09 September\Ord 1344 04.doc (a) The provisions of this chapter shall apply to all developers 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 developer and its agents, successors and assigns shall annually certify tenants as to the income eligibility for occupancy of Below Market Rate Rental Units and the annual certification shall be submitted to the Department of Economic and Community Development. If Developer and its agents, successors and assigns fail to perform an annual certification, developer shall be fined ONE THOUSAND DOLLARS ($ 1000.00) for each Below Market Unit whose tenants were not subject to an annual certification. The City shall continue to fine developer an additional ONE THOUSAND DOLLARS ($1,000.00) for every thirty (30) day period for each Below Market 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 Below Market Units are located or against the Project Property (c) If developer at any time fails to make available or to provide Below Market Rate Rental Unit at the required affordable rent levels, developer is subject to a fine of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) for each Below Market Unit not provided pursuant to the affordable housing agreement. The City shall continue to fine Developer an additional TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) for every thirty (30) day period after the initial fine for each Below Market 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 Below Market Units are located or against the Project Property. (d) 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 ordinance, the City shall be entitled to recover its administrative costs, including reasonable attorneys' fees, in addition to any other remedy provided by the court. (e) Any individual who sells or rents a restricted unit in violation of the provisions of this chapter shall be required to forfeit all monetary amounts so obtained. Such amounts shall be added to the City's housing trust fund. (Ord 1303 - 01 2001) 20.125.170 Savings Clause. 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 1303 - 01, 2001) Page 16 of 16 S:LReso and Ord\2004\09 September\Ord 1344 04.doc ORDINANCE NO. 1344-2004 AN ORDINANCE AMENDING CHAPTER 20.125, INCLUSIONARY HOUSING REQUIREMENTS, TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE Prior to Adoption. CITY CLERK'S CERTIFICATION I, SYLVIA M. PAYNE, City Clerk of the City of South San Francisco, CERTIFY that on Friday, the 3rd day of September, 2004, at least five days prior to the City Council meeting set for Wednesday, the 8th day of September, 2004, when this Ordinance was scheduled for adoption (1) the Summary was published and circulated in the City, and (2) a certified copy of the full text of this Ordinance was posted in my office, all in accordance with Government Code Section 36933. DATED: September 8, 2004 2. After Adoption. Sylvia M. Payne, City Clerk I, SYLVIA M. PAYNE, City Clerk of the South San Francisco, CERTIFY that this Ordinance was adopted on Wednesday, the 8th day September, 2004. Within fifteen (15) days thereafter (1) the Summary of this Ordinance, a copy of which is attached, was published in the "San Mateo County Times", a newspaper of general circulation published and circulated in the City, and (2) a certified copy of this Ordinance, with the names of those City Council members voting for or against this Ordinance, or otherwise voting, was posted in my office, all in accordance with Government Code Section 36933. DATE: September 9, 2004 sylvia M. Payne, Ci~/-Cle~k- 3. CERTIFICATION AND POSTING PRIOR TO ADOPTION A certified copy of the full text of this Ordinance is posted in the Office of the City Clerk, City Hall, 400 Grand Avenue, South San Francisco, California. The Ordinance was read for the first time on Wednesday, the day 23ra of June 2004, a second reading and adoption on Wednesday, and is scheduled for re-adoption on Wednesday, the 8t~ day of the 23rd day of June, 2004, September, 2004. DATED: September 3, 2004 '" Sylvia M. Payee, City Clerk 4. CERTIFICATION AND POSTING AFTER ADOPTION This Ordinance was adopted on Wednesday, the 8th day September, 2004, and a certified copy of the full text, together with the names of the City Council members voting for and against the Ordinance or otherwise voting, is posted in the Office of the City Clerk. September 9, ~...~7 fi/~ DATED: 2004 ~le~~ Sylvia M. Payne, City