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HomeMy WebLinkAboutOrd 1303-2001ORDINANCE NO. 1303-2001 AB- ORDINANCE ADDING CHAPTER 20.125, INCLUSIONARY HOUSING REDUIREMENTS, TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE WHEREAS, The City of South San Francisco adopted a Housing Element as a component of its General Plan in December 1992. 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, In March of 2001, the Association of Bay Area Governments (ABAG) released its housing allocation numbers that projects the number of housing units required for the City based on projected job growth. ABAG has determined that the City should provide a total of 1,331 housing units prior to June 30, 2006. Of the 1,331 housing units, ABAG recommends the City allocate the units as follows: 1) 277 units affordable to persons of very low income; 2) 131 units affordable to persons of low income; and 3) 360 units affordable to persons of moderate income (collectively, "affordable units"). The City is required by law to incorporate its housing need numbers into an updated version of its general plan housing element. The entire process must be completed by December 30, 2001; and, WHEREAS, The City Council initiated a review of the City's housing needs for the purpose of ascertaining how the City may best provide housing that is affordable to existing residents of the City and employees of businesses located within the City. NOW THEREFORE, The City Council of the City of South San Francisco based on the entire record which inCludes, but is not limited to the Study Sessions of August 19 and 30, 2001, the duly noticed public hearing of Planning Commission on September 20, 2001, and staff reports and testimony received at same; staff reports and testimony received at the duly noticed public heating of the City Council on September 26, 2001; and the staff reports and testimony received at the November 14, 2001, duly noticed public hearing of the City Council of the City of South San Francisco; does hereby ordain as follows: SECTION 1: ADDITION OF CHAPTER 20.125 Chapter 20.125, entitled "Inclusionary Housing Requirements" is hereby added to the South San Francisco Municipal Code to provide as set forth in Exhibit A attached hereto and incorporated herein by reference. SECTION 2: PURPOSE To ensure that all residential development, including all master planned and specific planned communities and all residentia~ development provide a range of housing opportunities for all identifiable economic segments of the population, including households of lower and moderate income. ,"- SECTION3: FINDINGS A. South San Francisco General Plan and Housing Element Appropriateness and Effectiveness of the Housing Element: In adopting the Housing Element, the City of South San Francisco finds that its housing goals, objectives, and policies are appropriate in contributing to the attainment of t :~e State's housing goal in that: The City fosters cooperation of the public and private sectors in expanding housing opportunities and accommodating housing needs through rezoning efforts, density bonuses, mixed land uses, housing revenue bonds, and rehabilitation programs; and, The City supports the provision of housing affordable to low and moderate-income households through new single-family and multiple family housing construction, use of factory-built housing and mobile homes, creation of second units and sharing of homes, and constraction of senior housing; and, The City facilitates the adequate provision of housing for all economic segments of the community through site availability, new housing construction, housing conservation, and rehabilitation. Housing Element Goals and Policies: Ao 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 an Inclusionary Housing Ordinance as a means to achieve the goal of providing housing to all income levels and at various prices. The Ordinance also requires the private sector to contribute to satisfying the need for low and moderate income housing which furthers Goal 2 of the Housing Element. With the simultaneous adoption of the Density Bonus Ordinance, the City will be able to provide various incentives and off-sets to those projects that provide a minimum of twenty percent (20%) of the total units to families of low-income. Overall, adoption of an Inclusionary Housing Ordinance further the goals and policies articulated in the Housing Element by requiring all residential developments with four or more proposed dwelling units to provide a minimum of 20% of the unit to families of low and moderate income. Additionally, at least 8% of the affordable units must be affordable to persons or families of low-income. The Ordinance also mandates that the unit prices must cover the entire range of affordability so as to provide housing units to all families within the designated affordable range. Based on the foregoing, the Inclusionary Ordinance and Density Bonus Ordinance are consistent with and further the goals established in the Housing Element of the City of South San Francisco's General Plan. B. Compliance with State Law Government Code section 65913 articulates the state policy on affordable housing. Specifically, the state Legislature has determined that there exists a severe shortage of affordable housing, especially for persons and families of ~_ow and moderate income, and that there is an immediate need to encourage the development of new housing, not only through the provision of financial assistance, but also through changes in law designed to assure that local governments make a diligent effort through the administration of land use and development controls and the provision of regulatory concessions and incentives to significantly reduce housing development costs and thereby facilitate the development of affordable housing. Analysis: By adopting the Inclusionary Ordinance, which requires the private sector to provide its fair share of affordabi_e housing, the City acts to satisfy the requirements of state law that mandate local governments implement policies to meet the critical demand for affordable housing. Additionally, through the use o5 incentives and off-sets available in the Ordinance, the City provides a mechanism to allow the private sector to develop affordable units and maintain project feasibility. C. Californi.~ 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 not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately. This ordinance does not, in itself, allow the construction of any building or strr_cture. This ordinance, therefore, has no potential for resulting in physical change in the environment, directly or ultimately. 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. For the reasons set forth above, 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 14th day of November 2001, by the following vote: Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Counc:_l held the 12th day of December 2001: AYES: Co ancilmembers Joseph A. Femekes, and Karyl Matsumoto Mayor Pro Tem Pedro Gonzalez and Mayor Eugene R. Mullin NOES: None. ABSTAIN: Co'ancilmember Raymond L. Green ABSENT: Noae. ATTEST: As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 12th day of Decerr_ber 2001. a~~yor ~ EXHIBIT A Chapter 20.125 Inclusionary 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 Pu-tpose and Intent Definitions lnclusionary Housing Requirement New Master Plans Or Specific Plans Affordable Housing Standards Calculating The Required Nu x~ber Of Inclusionary Units Alternatives To New Inclusionary Units Combined Inclusionary Housing Projects Disposition Of Excess Inclusionary Units Offsets To The Cost Of Af !ordable Housing Development In-Lieu Fees Colection Of Fees Preliminary Project Application And Review Process Affordable Housing Agreement As A Condition Of Development Agreement Amendments Pe~:iod of Affordability Pre-Existing Approvals Enforcement Savings Clause 20.125.010: Purpose and Intent The purpose anc 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 of the 20% affordable units, that 12% be restricted to and affordable to moderate income households; and 8% 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. - 01, 2001) 20.125.020 Definitions. Whenever the following terms are used in this chapter, they shal'_ 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. 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. (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, a5fordability 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. (f) "Density bonus (new residential construction) For the purposes of this chapter, "density bonus" means a density increase of at least twenty-five (25%) 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.. (1) For a for-sale unit, allowable housing expenses include loan principal and interest at the time of initia2 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 Regclations 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 (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 return for the provision of certain desired types Page 6 of 16 I F:XReso and Ord\12 December 2001XDecember 12, 2001\Ord 1303 01.doc 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 afforcable to persons of low-income and no more than 12% affordable to persons of lower-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 procecures used by the City of South San Francisco Economic and Community Development dep~,xtment. (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 median income for San Mateo County as determined annually by the U.S. Departmen; of Housing and Urban Development Section 8 Income Limits. (m) "Lower-to-Moderate-Income household" means households whose gross income is between eighty-one percent (81%) and one hundred and twenty percent (120%) of the median income for San Mateo County as determined annually by the U.S. Department of Housing and Urban Development. (n) "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. "Low- income household" means those household whose gross income is more than fifty percent (50%) but does not exceed eighty (80%) of the median income for San Mateo County as determined by annually by the U.S. Department of Housing and Urban Development. (o) "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. (p) "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. (q) "Target income level" means the income standards for extremely low, very low and low- income levels within San Mateo County as determined annually by the U.S. Department of Housing and Urban Development, and adjusted for family size. (r) "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 01 2001) 20.125.030 Inclusionary Housing Requirement. The inclusionary housing requirements of this chapter shall apply as follows: Page 7 of 16 FAReso and Ord\12 December 2001~December 12, 2001\Ord 1303 01.doc (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. Co) 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 apa:tments to condominiums; date of this ordinance, as set forth in Section 20.125.160 of this chapter. (Ord. -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 inclusionary housing plan with the application for development. This inclusionary housing plan 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: (2) Conversion of a mobilehome park pursuant to Sectio a 21.37.120 of the code; (1) The number of market rate units in the master plan or specific plan; (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 resiCential 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; (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) Second dwelling units not constructed to fulfill inclusionary housing requirements and developed in accordance with this Chapter; (5) Those residential units which have obtained approval of a Vesting Tentative Map or a Development Agreement prior to the effective (4) A general provision stipulating that an affordable housing agreement shall be made a condition of all future discretionary permits for the development area such as tentative maps, parcel maps, planned unit developments and site development plans. The provision shall establish that all relevant terms and conditions of any affordable housing agreement shall be filed and Page 8 of 16 F:LReso and Ord\121' ~ecember 2001kDecember 12, 2001\Ord 1303 01.doc recorded as a restr_'ction on the 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 existir_g 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 01 2001) 20.125.040 Affordable Housing Standards. The affordable ho asing standards are as follows: (a) All residential developments are subject to and must sat:_sfy the inclusionary housing requirements of t:ds chapter, notwithstanding a developer's request to process a residential development under other program requirements, laws or regulatior_s, including but not limited to Chapter 20.130 (_Residential Density Bonus) of this code. (b) Unless otherwise provided in this Chapter, inclusior_ary 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 f'_nal 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. 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. 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) 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 thirty (30) years. For-sale units may be sold at market price under the conditions in (t3 through (h) of this section. (13 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 the City. The resulting price shall be the Base Resale Price of the unit. Page 9 of 16 FAReso and Ord\12 December 2001~December 12, 2001\Ord 1303 01.doc (g) Upon resale of the unit, if the Affordable Unit is sold at market price, 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 desigr_ 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 developrnent standards prepared by the Department of Economic and Community Development as adopted by the City Council. (k) Inclusionazy projects shall provide a mix of number of 3edrooms in the affordable dwelling units in :esponse to affordable housing demand priorities of the City and shall provide a distribution of affordable units within the designated afford~.bility range. (1) No building permit shall be issued, nor any development approval granted for a development which does not meet the requirements of -.his chapter. No inclusionary unit shall be rented or sold except in accordance with this chapter. (Ord 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 units for both market rate and inclusionary units of .5 will be subject to payment of the in-lieu fee for the proportionate amount of the fractional unit. 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 Director of Economic and Page 10 of 16 F:LReso and Ord\12 December 2001~December 12, 2001\Ord 1303 01.doc Community Development and included in the request for any waiver of the construction of new inclusionary units. (2) Alternatives may include, but are not limited to, acqu:'.sition 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 th~.n a total of fifteen (15) second dwelling units irt 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 contribuSon shall be calculated in the same manner as an in-lieu fee per Section 20.125.110. (Ord 01 2001) 20.125.080 Combined Inclusionary Housing Projects. An affordable housing requirement may be satisfied with offs'_te 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 resultir_g 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, (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 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 Page 11 of 16 ~ F:LReso and Ord\12 ~ecember 200PtDecember 12, 2001\Ord 1303 01.doc 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 O1 2001) 20.125.100 Offsets To The Cost Of Affordable Hous'ng 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 elemen:; the capability of the development term; 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 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: (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 market-rate 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 Page 12 of 16 FAReso and Ord\12 12 ~ecember 200BDecember 12, 2001\Ord 1303 01.doc 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. 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; (f) An altemaSve to paying an in-lieu fee(s), inclusionary housing requirements may be satisfied either through a combined inclusionary housing project, l:ursuant to Section 20.125.080 of this chapter or new construction of inclusionary units subject to approval of the final decision-making authority. (Ord 01 2001) 20.125.120 Collection Of Fees. (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 City. Justification for each request should also be included. ,7 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 -~rovision of affordable housing and reasonable costs of administration consistent with the policies and programs contained in the housing element of the general plan. (Ord 01 2001) 20.125.130 Prelirninary 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 appl:'cation to the housing and redevelopment di:ector prior to the submittal of any formal applications for such housing (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 community development director 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 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 Page 13 of 16 F:LReso and Ord\12 December 200PtDecember 12, 2001\Ord 1303 01.doc executing an affordable housing agreement prepared by the City Economic and Community Development Director 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 t'~an those permitted by right, if any, shall be reviewed by the Director of Economic and Community Development and approved by the Director or his designee. (b) Agreemen:s 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 si~e development plan shall be recorded agains; 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 projec: individual lots or units of property which are designated for the location of affordable units. 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 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; (d) The approval and execution of the affordable housirg 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 (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; Page 14 of 16 FAReso and Ord\12 December 200PtDecember 12, 2001\Ord 1303 01.doc (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 inc'_usionary housing requirement will be satisfied thi'ough 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 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 SectSon 20.125.035 (cp. 20.125.155 Period of Affordability The City or its designee shall have a one-time first right of refasal to purchase any project containing affordable units offered for sale at the end of the minirr_um tenure of affordability for rental projects. The first right of refusal to purchase the rental project shall be submitted in writing to the Director of the Department of Economic and Co:xtmunity Development. Within ninety days of its receipt, the City shall indicate its intent to exerc:'.se the first right of refusal for the purpose of providing affordable housing. (Ord __01 2001 ) 20.125.160 Pre-existing Approvals. The following projects shall not be subject to requirements of the ordinance codified in this chapter. (ap Any residential developments for which an application for a vesting tentative map has been deemed complete unless otherwise authorized by law. (bp 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 01 2001) 20.125.165 Enforcement. Enforcement provisions are as follows: (ap 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. (bp 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. (c) 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 Page 15 of 16 ~ F:LReso and Ord\12 December 2001~December 12, 2001\Ord 1303 01.doc 1 shall be added to the City's housing trust fund. (Ord 01 2001) 20.125.170 Savings Clause. All code provisions, ordinances, and parts of ordinances in con_qict 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 skall 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 01 2001) Page 16 of 16 F:~Reso and Ord\12 December 2001~December 12, 2001\Ord 1303 01.doc