Sections:
17.712.010 Purpose and intent.
17.712.020 Definitions.
17.712.030 Affordable housing requirement.
17.712.040 Exempted development projects.
17.712.050 Housing impact fees.
17.712.060 Protest of fees.
17.712.070 Low income housing fund.
17.712.080 Housing quality.
17.712.090 Guidelines.
The following definitions shall apply in this chapter:
"Affordable dwelling unit" means a dwelling unit rented at an affordable rent or sold at an affordable housing price.
"Affordable housing price" means a sales price at which low income households can qualify for the purchase of for-sale dwelling units. Qualification shall be based on no more than 35% of income being applied to housing expenses (mortgage principal and interest, taxes, insurance, and assessments).
"Affordable rent" means a monthly rent consisting of a maximum of one-twelfth of 30% of 80% of the median income applicable to Sacramento County, adjusted for household size appropriate to the unit, less a reasonable allowance for utilities. The median income applicable to Sacramento County is determined annually by the United States Department of Housing and Urban Development.
"Developer" means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks city approvals for all or part of a development project. Developer includes "owner."
"Development agreement" means an agreement entered into between the city and a developer pursuant to chapter 18.16 and California Government Code section 65864.
"Development project" means any real estate development project that includes market rate residential dwelling units. Projects at one location undertaken in phases, stages, or distinct sections are considered a single development project.
"Executive director" means the executive director of the Sacramento Housing and Redevelopment Agency or designee.
"Inclusionary housing plan" means the plan setting forth the elements of a development project's affordable dwelling units required by Ordinance No. 2000-039.
"Low income household" means a household whose income does not exceed 80% of median income applicable to Sacramento County, adjusted for family size as published and annually updated by the United States Department of Housing and Urban Development pursuant to section 8 of the United States Housing Act of 1937.
"Market rate" means not restricted to an affordable housing price or affordable rent.
"Mitigation Fee Act" means chapter 5 (sections 66000 through 66025) of division 1 in title 7 of the California Government Code.
"Mixed income housing strategy" means an approved development plan that is consistent with Housing Element policy and may provide credit towards the housing impact fee through construction of affordable dwelling units, dedication of land to the city, or other mechanism.
"Nexus study" means a study, adopted by resolution of the city council, that analyzes the connection between projected residential development and the cost of addressing the need for affordable housing for lower income households created by the residential development.
"Owner" means a person, partnership, joint venture, association, corporation, or public or private entity that has sufficient proprietary interest in real property to commence, maintain, and operate a development project.
"Residential project" means the entirety of a residential development with market rate dwelling units in a development project.
"Self-help housing developer" means a not-for-profit organization that develops housing for sale to low income households at an affordable housing price. The organization may permit or require purchasers to participate in the construction of affordable dwelling units.
"SHRA" means the Sacramento Housing and Redevelopment Agency, a joint powers agency. (Ord. 2015-0029 § 2)
A. If a residential project does not exceed 100 gross acres in size, the owner shall pay a housing impact fee on all newly constructed market rate dwelling units pursuant to section 17.712.050.
B. If the residential project exceeds 100 gross acres in size, the owner shall pay a housing impact fee on all newly constructed market rate dwelling units pursuant to section 17.712.050, and obtain city council approval of a mixed income housing strategy that demonstrates how the project provides housing for a variety of incomes and family types consistent with the housing element policy. The planning director shall review the proposed mixed income housing strategy in consultation with the executive director of SHRA. The planning director shall recommend approval, modification, or denial of the proposed mixed income housing strategy in conjunction with the development project's earliest planning approvals, consistent with the provisions of section 17.808.260. The city council and planning and design commission shall consider the amount of regulated affordable housing in the vicinity.
1. The mixed income housing strategy may provide for fee credits for land dedication to SHRA, construction of affordable dwelling units, or other mechanisms that lead to the provision of affordable housing.
a. Land dedication must be approved and accepted by the SHRA consistent with the guidelines prepared pursuant to section 17.712.090.
b. Multi-unit dwelling development projects constructed for fee credit under this subsection may contain any proportion of affordable dwelling units. However, no multi-unit dwelling development project consisting of more than 50% affordable dwelling units and constructed for credit under this subsection may be located within 400 feet of another multi-unit dwelling development project with more than 50% affordable dwelling units.
c. The maximum number of affordable dwelling units in any multi-unit dwelling development project constructed for credit under this subsection shall be 150.
2. The mixed income housing strategy may provide for a fee credit for donation of land to a self-help housing developer. Land donated must have all site improvements completed. The home must have a recorded affordability covenant that restricts resale to the satisfaction of the city and SHRA.
C. A residential project subject to an inclusionary housing plan approved prior to the effective date of the ordinance adopting this chapter may either:
1. Comply with the approved inclusionary housing plan; or
2. Comply with the provisions of this chapter.
D. Affordable dwelling units constructed pursuant to subsection B.1 of this section shall have a regulatory agreement recorded on title, requiring the units to remain affordable for a period of no less than 30 years. The agreements shall be monitored by SHRA and the owners shall be subject to monitoring fees as established by the guidelines authorized by section 17.712.090. (Ord. 2015-0029 § 2)
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