Chino Municipal Code Ch. 3.46 The Preserve Affordable Housing in-Lieu Fee

A. Basis for calculation of The Preserve affordable housing in-lieu fee. The city approves, adopts and incorporates the report from Keyser Marston Associates, entitled "Preserve Affordable Housing In-Lieu Fee Calculation", which establishes the value of the affordable housing portfolio being provided by the Lewis Operating Corporation under the development agreement between the City of Chino and the Lewis Operating Corporation.

B. Need for affordable housing in-lieu fees. The city council has determined, based on such reports, the city's general plan including the housing element, and existing statutes and regulations of the State of California that the affordable housing in-lieu fee is needed in order to finance future affordable housing programs and projects.

C. Consistency with city general, specific and master plans. In establishing the affordable housing in-lieu fee, the city council finds that it is consistent with the city's general plan, including the housing element and applicable specific plans and master plans.

D. Use of the affordable housing in-lieu fee. The affordable housing in-lieu fee is established for each development project not governed by the development agreement effective July 1, 2004 between the City of Chino and the Lewis Operating Corporation. All funds collected under the affordable housing in-lieu fee program shall be used to finance the administration and implementation of affordable housing programs and projects within the City of Chino in support of the goals and objectives established in the City of Chino housing element.

(Ord. 2004-28 § 3 (part), 2004.)

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings respectively ascribed to them by this section:

A. "Development project" means any project undertaken on land, that is subject to city approval of a subdivision, parcel map, site approval, special conditional use permit or administrative approval, and on which residences are to be constructed, including any development for which a city permit authorizing construction of a residential dwelling unit or units is required.

B. "Fee" means a monetary exaction, other than a tax or special assessment, which is charged by the city to the applicant in connection with approval of a development project for the purpose of affordable housing mitigation related to the development project, also referred to herein as the "affordable housing in-lieu fee", but does not include a fee specified in section 66477 of the Government Code, a fee for processing applications for regulatory actions or approvals.

C. "The Preserve" means the approximately 5,435.3 acres of land described and depicted on Exhibit "A" of the ordinance codified in this chapter, generally located in the southeastern corner of San Bernardino County, bordered by the Chino Airport and the City of Ontario on the north, the unincorporated community of Eastvale in the County of Riverside County on the east, the El Prado Flood Control Basin on the south and the Cities of Chino and Chino Hills on the west, annexed to the city pursuant to approval of the San Bernardino Local Agency Formation Commission (SBLAFCO) on May 21, 2003, and the final certificate of completion of SBLAFCO issued on June 10, 2003.

(Ord. 2004-28 § 3 (part), 2004.)

There is created an affordable housing in-lieu fee for new residential development, excluding the seven thousand residential units governed by the development agreement between the City of Chino and Lewis Operating Corporation effective July 1, 2004. The initial amount of the affordable housing in-lieu fee shall be two dollars seventy-two cents per square foot of residential building area (excluding garage area). The development of any housing units within The Preserve, excluding the seven thousand housing units governed by the development agreement between the City of Chino and Lewis Operating Corporation, will require the payment of the affordable housing in-lieu fee.

(Ord. 2004-28 § 3 (part), 2004.)

Beginning on January 1, 2006, and occurring annually thereafter on the first of January each year, the affordable housing in-lieu fee shall be adjusted automatically by a percentage equal to the percentage change in the Consumer Price Index for the Los Angeles Metropolitan Statistical Area (MSA) published by the United States Bureau of Labor Statistics. For the purpose of the above-described automatic annual inflation adjustment, data for the trailing twelve-month period ending on September 30th immediately prior to the adjustment date shall be used.

(Ord. 2004-28 § 3 (part), 2004.)

The amount of each fee established by this chapter may be more specifically set and revised periodically by resolution of the city council with this chapter being considered as enabling and directive, and as setting the initial level of rate to be paid.

(Ord. 2004-28 § 3 (part), 2004.)

A. There is created an affordable housing fund, within the city's fund structure and accounting system, which shall contain all fees collected pursuant to this chapter and all interest accruing from the investment of such fees contained within said fund.

B. Each fee collected pursuant to this chapter shall be deposited in a special account within the affordable housing fund created by the city to hold the revenue and interest generated by such fees.

(Ord. 2004-28 § 3 (part), 2004.)

Except as provided herein the final building plans approved by the city's building official shall be used as the basis for computation of the required affordable housing in-lieu fee.

(Ord. 2004-28 § 3 (part), 2004.)

The fees established by this chapter shall be determined for each development project at the time of approval of the final building plans for the development project by the city's building official, and shall be fully payable prior to the issuance of any building permits for such development project.

(Ord. 2004-28 § 3 (part), 2004.)