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A. The TDIF is imposed on building permits for the following types of uses or development located within the city:
1. The construction of new dwelling units, buildings or structures; additions to the commercial building area or increase in the number of residential dwelling units; and change in use of an existing building or structure.
2. The construction of alterations or additions to an existing building or structure that results in the expansion in the size or use of the existing building or structure or that adds one or more dwelling units to the existing building or structure.
3. The change in use of an existing building or structure from a previous nonresidential use to a residential use, from a previous residential use to a nonresidential use, or from one nonresidential use to another nonresidential use, where the change is anticipated to result in a net increase in trip generation based on standard trip generation rates used by the city.
B. Reduction of fees.
1. Except as provided in subsection C, fees will be assessed based on the net impact for a change of use of an existing building or property where the new project changes or replaces the prior established use of an existing building or property. The fee will be calculated by comparing the rates applicable to the new use offset by the rates for the prior use as designated in the fee schedule.
2. The city council may, by resolution, adopt reduced fee amounts in areas subject to specific area finance district fees where those districts include funding toward infrastructure identified in the TDIF nexus study.
3. The TDIF will be reduced by at least 25% from its base level for development located within one-half mile of an existing or planned light rail transit station or that meets the criteria set forth in California Government Code section 66005.1. The city council may, by resolution, adopt a greater reduction or expand the geographic area for reduced fees to minimize economic impacts in specific areas.
4. The city council may, by resolution, adopt reduced fee rates to minimize economic impacts on small businesses.
C. Exemptions. In addition to those activities listed in section 18.56.125.C, the following are exempted from payment of the TDIF:
1. Low and very low income housing as defined in California Health and Safety Code sections 50079.5 or 50105.
2. Facilities owned or operated by a governmental agency or non-profit organization to provide temporary shelter or transitional housing to serve homeless persons.
3. Temporary facilities (e.g., construction trailers), for a period not to exceed three years.
4. Development in the Delta Shores Area as provided for in the Cost Sharing Agreement: I-5 Interchange & Cosumnes River Boulevard Extension (C2012-0059).
5. Development in the North Natomas Community Plan area subject to an agreement under California Government Code section 65865 and approved before July 1, 2017.
6. Secondary dwelling units as defined in section 17.108.050. (Ord. 2017-0012 § 1)
The following definitions apply in this article:
"Affordable housing" means housing that is 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 is 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 in the county, adjusted for household size appropriate to the unit, less a reasonable allowance for utilities. The median income in the county is determined by the United States Department of Housing and Urban Development.
"Fee report" means the city council-approved nexus study that calculates the housing trust fund fee amounts, including any amendments.
"Housing unit" means a dwelling unit of any tenure or price.
"Housing trust fund" means the fund created by section 18.56.430.
"Housing trust fund fee" means the fee established by the city council under section 18.56.420 to provide funding for the direct and indirect costs of constructing affordable housing, with priority given to very low-income households.
"Low-income households" means households with incomes at 80% or below of the median income in the county as determined by the United States Department of Housing and Urban Development.
"Mixed-use project" means any development project that is comprised of both a commercial or industrial use and a residential use.
"Nonresidential development project" means a construction project undertaken for the purpose of developing a commercial or industrial use set forth in the Planning and Development Code, a mixed-use project, or any other use determined by the city manager to impact housing demand.
"Regulatory agreement" means an agreement with the Sacramento Housing and Redevelopment Agency, recorded on title, requiring the dwelling units to remain affordable for a period of no less than 30 years.
"SHRA director" means the director of the Sacramento Housing and Redevelopment Agency or the director's designee.
"Very low-income households" means households with incomes at 50% or below of the median income in the county as determined by the United States Department of Housing and Urban Development. (Ord. 2017-0013 § 1)
The housing trust fund fee is established and imposed on nonresidential development projects. The fee amounts adopted by city council resolution shall not exceed the amounts calculated in the fee report, provided that the fee amounts may be subject to automatic annual adjustment as specified by city council resolution. (Ord. 2017-0013 § 1)
A. The housing trust fund is established. The city shall deposit all revenues generated under this article, and any interest earned on the fund balance, into the housing trust fund. The housing trust fund may receive monies from other sources.
B. The housing trust fund shall be administered by the SHRA director, who has the authority to govern the fund consistent with this article and to prescribe procedures for that purpose, subject to approval by the city council.
C. Revenues and interest income deposited into the housing trust fund shall be used to do the following:
1. Provide loans, grants, or other subsidies to nonprofit and for-profit housing developers, governmental entities, and individuals to develop new or substantially rehabilitated affordable housing for low-income and very low-income households whose members are in the labor force, with priority given to very low-income households; and
2. Reimburse the city and SHRA for the costs of administering the housing trust fund fee, the housing trust fund, and this article.
D. Section 18.56.140, concerning the disposition of unexpended or unappropriated fee revenues, does not apply to the housing trust fund fee or housing trust fund.
E. Section 18.56.150, concerning annual reports and review of fees, does not apply to the housing trust fund fee or housing trust fund. Instead, the SHRA director, by June 30th of every year, shall prepare for the city council a report identifying the following information for the prior calendar year:
1. A statement of income, expenses, disbursements, and other uses of the housing trust fund;
2. The current housing trust fund fee amount, reflecting any automatic annual adjustments under section 18.56.120;
3. The total number of low-income and very low-income housing units constructed or assisted during the prior calendar year and the amount of such assistance; and
4. Any recommended changes necessary to carry out the purpose of this article. (Ord. 2017-0013 § 1)
In addition to the exemptions set forth in subsection C of section 18.56.125, the following nonresidential development projects are exempt from the provisions of this article:
A. Nonresidential development projects that are located on property owned by the State of California or the United States of America, or any of their agencies, with the exception of property not used exclusively for governmental or educational purposes; provided, however, this article shall apply at the time a nonresidential development project no longer meets the requirements for exemption. Compliance with this article shall be the obligation of the owner of the land on which the project is located when the project no longer meets the exemption requirements. If the land is owned by the State of California or the United States of America, but another party holds a possessory interest in the land, then the holder of the possessory interest shall comply with this article;
B. Any commercial building area that is part of a mixed-use multi-unit dwelling where more than 50% of the gross area is devoted to dwelling units and at least 20% of the dwelling units are restricted to occupancy by low-income households as evidenced in a regulatory agreement;
C. The use is operated by a nonprofit organization that provides food storage, meal service, or temporary shelter to the homeless;
D. The use is operated by a nonprofit organization that provides essential services (such as medical or emergency care) without cost to the recipient and serves primarily low-income households;
E. Carports and garages;
F. Temporary commercial uses and buildings; and
G. Any use made exempt by resolution of the city council. (Ord. 2017-0013 § 1)
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