Irwindale Municipal Code Ch. 3.56 Affordable Housing Non-Residential Development Linkage Fee

The purpose of this chapter is to facilitate the development and availability of housing affordable to a range of households with varying income levels within the city through creation and imposition of a fee on new non-residential development, including commercial, industrial, office, and other non-residential development, which will partially fund the need for affordable housing created by the workforce of this new development. The requirements of this chapter are based on a number of factors including, but not limited to, the city's commitment to increasing opportunities for affordable housing; the immediate need for affordable housing, as reflected in local, state, and federal housing regulations and policies; the demand for affordable housing created by commercial, industrial, and other non-residential development; and the impact that the lack of affordable housing production has on the health, safety, and welfare of the city's residents including its impacts on traffic, transit and related air quality impacts, and the demands placed on the regional transportation infrastructure. Imposing a fee that is reasonably related to the burdens created by new commercial, industrial, office, and other non-residential development on the city's need for affordable housing will enable the city to fund development of affordable housing units that will contribute to addressing these impacts. It is the intent of the city council that the fee required by this chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of this code, the City Charter, the Subdivision Map Act, the California Environmental Quality Act, and other state and local laws, which may authorize the imposition of project specific conditions on development.

(Ord. No. 773, § 3, 12-13-23)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Applicant" shall mean person, firm, partnership, association, joint venture, corporation, developer, or any entity or combination of entities, which seeks or applies for city approvals, permits or entitlements for all or part of a non-residential development project.

"Building permit" shall mean and include full structural building permits as well as partial permits such as foundation-only permits.

"City manager" shall mean the city manager of the city of Irwindale, or his or her designee.

"Community land uses" shall mean land uses that serve the public, which include but are not limited to: hospitals, churches or other places of worship, museums, educational facilities (public and private K-12, community colleges, and colleges and universities), youth and recreational facilities, emergency shelters, and other such institutional uses which serve the public, as determined by the director.

"Director" shall mean the community development director of the city of Irwindale, or his or her designee.

"Gross leasable floor area" means the square footage in a non-residential property designed for a tenant's exclusive use, which typically includes mezzanines, basements, or upper floors, but does not include shared areas, such as parking garages, public bathrooms or maintenance areas. Gross leasable floor area is measured from the center of the wall separating tenant spaces. Internal walls are incorporated in the gross leasable floor area.

"Mixed-use project" shall mean, for the purposes of this chapter, any development that contains a combination of residential and non-residential uses within one building, or an integrated group of buildings on one development site.

"Non-residential development project" shall mean the construction or the addition of new non-residential gross leasable floor area (as defined in this section), or the conversion from a use exempt from the affordable housing non-residential development linkage fee, per Section 3.56.030.B, to a use subject to the affordable housing non-residential development linkage fee (as set forth in Section 3.56.030). Non-residential development projects include, but are not limited to, development projects for commercial use, industrial use, and office use.

(Ord. No. 773, § 3, 12-13-23)

A. An affordable housing non-residential development linkage fee, in an amount established by resolution of the city council, is hereby imposed on all non-residential development projects. The fee imposed shall be based on the impacts to affordable housing attributable to the non-residential development project and shall be determined at the time of submittal into building plan check for the project. No non-residential development project shall be approved, nor shall any such non-residential development project be constructed, without compliance with this chapter. The amount of the charge due under this chapter shall be determined at the time of submittal into building plan check for the project. Following project submittal the city shall provide the applicant with a notice in writing, a statement of the amount of the fee and notification of the ninety-day appeal period in which the applicant may protest the imposition of the fee. The full fee amount shall be due and payable to the city prior to or at the issuance of building permits. No certificate of occupancy or building permit shall be issued for a non-residential development project that has not paid the fee required under this chapter.

B. Notwithstanding subsection A above, this chapter shall not apply to the following:

1. A non-residential development project with a gross leasable floor area of ten thousand square feet or less in aggregate;

2. A non-residential development project with an application that has been submitted and deemed complete by the community development department prior to January 1, 2024;

3. Community land uses, as defined in this chapter (such as religious institutions, museums, educational facilities, hospitals, etc.);

4. Reconstruction of any building that was destroyed by fire, flood, earthquake or other act of nature, so long as the square footage does not exceed the square footage prior to the loss; and

5. The housing portion of a mixed-use project.

C. The affordable housing non-residential development linkage fee shall be charged on new gross leasable floor area, subject to Section 3.56.050 (Conversion).

(Ord. No. 773, § 3, 12-13-23)

An applicant for any project subject to the fee described in this chapter may apply to the city manager for an adjustment, reduction, or waiver of the development impact fee based upon the absence of any sufficient nexus between the proposed use and either the amount of fee charged or purpose of the fee. Such requests shall be subject to the process outlined below:

A

Any application for an adjustment, reduction, or waiver of the fee shall be made in writing and filed with the city clerk's office within ninety days of the date of the notice.

B. The application shall state in detail the factual basis and legal theory for the claim of waiver, reduction or adjustment. The applicant shall bear the burden of proof of presenting substantial evidence to support the request for an adjustment or waiver.

C. The city manager shall render a written decision to the request within sixty days after the written appeal is filed. The applicant may seek review of the city manager's decision by filing a written appeal to the city council within ten days of the city manager's decision. The written appeal must be in writing and filed with the city clerk.

D. The city council shall consider the application at a public hearing held within sixty days after the filing of the written appeal. The decision of the city council shall be final.

E. If an adjustment or waiver is granted, any increase to the new gross leasable floor area of the approved non-residential development project shall invalidate the adjustment or waiver.

(Ord. No. 773, § 3, 12-13-23)

If the original or proposed use, or original or proposed development of a property is exempt from the affordable housing non-residential development linkage fee, but the property is later converted to a use subject to the fee, the gross leasable floor area of the converted square footage shall be subject to the fee pursuant to Section 3.56.030(A).

(Ord. No. 773, § 3, 12-13-23)

All funds generated by the affordable housing non-residential development linkage fee shall be used to facilitate the development and/or preservation of housing affordable to moderate and lower income households.

(Ord. No. 773, § 3, 12-13-23)

The amount of the affordable housing non-residential development linkage fee and any adjustments thereto may be reviewed and revised periodically, and adopted by resolution of the city council.

(Ord. No. 773, § 3, 12-13-23)