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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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