Sec. 9-10.401.  Purpose and findings.
   (a)   Purpose. The purpose of this article is to provide a mechanism for producing housing affordable to extremely-low, very-low, lower and moderate income households by requiring applicable non residential development pay a fee to be used for the production, preservation, or rehabilitation of affordable housing units.
   (b)   Findings.
   (1)   Government Code Section 65580 states that “the availability of housing is of vital statewide importance, and the early attainment of decent housing is a priority of the highest order” and, further, that, “local ... governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community.”; and
   (2)   Construction of nonresidential development generates new residents and employees in the City that require housing, thus placing an additional burden on existing housing stock, in particular existing affordable housing units; and
   (3)   The City Council has considered the findings and recommendations of the November 15, 2007 Affordable Housing Study (“Study”) and determines that new nonresidential development contributes to the need for affordable housing in the City, based on the following analysis contained in the Study:
   (i)   There is a reasonable relationship between the number of employee households generated by new non-residential development depending on the type of non-residential development use; and
   (ii)   The fee assessed to a particular nonresidential development is roughly proportional to each development types' demand on, and benefit from, the affordable housing to be funded by the fee, in that the fee is calculated based on the number of expected employees at various income levels that a particular nonresidential development will generate: and
   (iii)   The data as set forth in the Study found housing demand from nonresidential development would justify fees that could be significantly higher than the fee imposed by this article; and
   (4)   The fees collected pursuant to this article shall only be used to increase and/or maintain the supply of housing affordable to very low, lower and moderate income households in the City.
(§ 1, Ord. 1506-NS,  eff. October 9, 2008, as amended by § 5, Ord. 1543-NS, eff. October 8, 2010)