Rohnert Park Municipal Code Ch. 3.36 Affordable Housing Linkage Fee

The purpose of this chapter is to: (1) implement the goals and objectives of the housing element of the city of Rohnert Park, (2) mitigate the housing impacts caused by new, changed, and expanded nonresidential development in the city of Rohnert Park, and (3) provide housing affordable to persons of low and moderate income.

(Ord. 771 § 2 (part), 2006)

The following words and expressions when used in this chapter shall for the purpose of this chapter have meanings as follows:

"Addition" means adding gross square feet to an existing nonresidential development project subject to this section.

"Affordable housing" means for sale or rental housing, the total cost of monthly payments for which does not exceed the amount set forth in Health and Safety Code Sections 50050 and following.

"Affordable housing linkage fee" means the affordable housing linkage fee imposed upon nonresidential development.

"Changed nonresidential development" means the transition of existing nonresidential space from one type of use to another which results in an increase in the density of employment within the space.

"City manager" means the city manager of the city of Rohnert Park or his or her designee.

"Development or development project" means any project undertaken for the purpose of development, including new, expanded, remodeled, or changed nonresidential development. Development includes a project involving the approval of a tentative map or involving the issuance of a permit for construction, but not a permit to operate.

"Director of community development" means the director of community development of the city of Rohnert Park or his or her designee.

"Expanded nonresidential development" means construction that results in a net increase in the gross square footage of an existing nonresidential development.

"Gross square feet" or "gross square footage" means the area included within the surrounding walls of a nonresidential development as determined by the director of community development. This area does not include enclosed parking for vehicles.

"Linkage fee" means a monetary exaction which is charged by the city to fund the construction or provision of affordable housing units.

"Low and moderate income" means a household with total annual income at or below the limits set forth in Health and Safety Code Sections 50050 and following.

"Nexus study" means the Sonoma County Workforce Housing Linkage Fee Study published by Economic and Planning Systems, Inc.

"Remodeled nonresidential development" means all interior tenant or owner improvements to existing nonresidential space which result in an increase in the density of employment within the space.

(Ord. 771 § 2 (part), 2006)

A. Affordable Housing Linkage Fee. Developers of nonresidential projects must pay the affordable housing linkage fee for nonresidential development in the amount set forth by city council resolution.

B. Alternatives to Payment of Affordable Housing Linkage Fee.

1. Dedication of Land. As an alternative to the payment of the affordable housing linkage fee, a developer of a nonresidential project may submit a request to mitigate the impacts of his or her proposed development by dedicating land. The city council may approve such a request if it determines that the proposed dedication will further affordable housing opportunities in the city to an equal or greater extent than the payment of the affordable housing linkage fee or construction of affordable units.

2. Construction of Units. As an alternative to the payment of the affordable housing linkage fee, a developer of a nonresidential project may submit a request to mitigate the impacts of his or her proposed development by constructing units affordable to very-low and low-income persons. The city council may approve such a request if it determines that the proposed dedication will further affordable housing opportunities in the city to an equal or greater extent than the payment of the affordable housing linkage fee or dedication of land.

C. Time of Payment. The requirements of this chapter must be satisfied before building permit issuance or, where a building permit is not required, the issuance of a use permit for the new, expanded, remodeled, or changed nonresidential development.

D. Annual Review. The city council will annually review the affordable housing linkage fee requirement to determine whether it is reasonably related to the impacts of development and whether the described affordable housing units are still needed.

(Ord. 771 § 2 (part), 2006)

A. Determination of Development Projects. The affordable housing linkage fee requirement will be applied to nonresidential development projects involving the construction of a new building, construction of additional gross square footage to existing buildings, and interior remodels that increase the employment density, and changes in use that do not require interior remodels but that increase the employee density of the nonresidential development as determined by the director of community development.

B. Determination of Land Uses. Nonresidential land uses will be divided into three classifications: commercial, retail, and industrial. The director of community development determines the land use classifications that best describe the nonresidential development, or portion thereof in the case of "mixed use" developments, for the purposes of assigning the fee to be charged. The director of community development shall use the applicable table set forth in the city council resolution establishing the specific affordable unit or housing linkage fee requirements to determine the appropriate classification.

C. Change of Land Use. When the director of community development determines that a change of use has been requested to convert existing space from: (1) commercial to industrial or retail, or (2) industrial to retail, a fee equal to the difference in the per square foot fee must be paid prior to the issuance of a use permit. A change of use from residential to nonresidential is subject to the same fee calculation as new construction.

(Ord. 771 § 2 (part), 2006)

A. Adjustment. A developer of any project subject to the affordable housing linkage fee may apply to the director of community development for a reduction in, an adjustment to the requirement, or a waiver of the fee, if he or she can demonstrate the absence of any reasonable relationship between the impacts of that development and the fee charged. The application shall be made in writing and filed with the community development director no later than the time of application for a building permit authorizing construction of the project that is subject to the fee or, where a building permit is not required, a use permit. The application shall state completely and in detail both the applicant's factual basis and legal theory for adjustment or waiver and compare its proposal with the analysis set forth in the nexus study. The director of community development shall consider the application and render a decision in writing within thirty days. The decision of the director of community development is appealable as set forth below.

B. Appeal Procedure. A decision of the director of community development on an application for a fee reduction, adjustment or waiver may be appealed to the city manager. Any person wishing to appeal a decision of the director of community development shall file an appeal with the city clerk not later than ten days from the date of issuance of the written decision of the director of community development. The written appeal shall state completely and in detail the factual and legal grounds for the appeal. The city manager shall consider the appeal at a public hearing within sixty days after the filing of the appeal. The decision of the city manager is final.

C. Cost for Reduction, Adjustment, or Waiver Request or Appeal. The cost of the request for a fee adjustment and appeal shall be borne by the applicant.

D. Refund of Fee. If the affordable housing linkage fee is paid and the building permit is later canceled or voided, or if a use permit which triggers the application of the fee fails to vest within the terms of the use permit, the director of community development may, upon written request of the developer, order return of the fee and interest earned on it less administrative costs if: (1) the fees paid have not been committed, and (2) work on the private development project has not progressed to a point that would permit commencement of a new, changed, or expanded use for which an affordable housing linkage fee would be payable.

(Ord. 771 § 2 (part), 2006)

A. Use and Disbursement of Monies in the Fund. Monies in the affordable housing linkage fund shall be used in accordance with and in support of activities to implement the city's adopted housing element. Activities shall be limited to direct expenditure for capital projects or incidental noncapital expenditures, related to capital projects, including, but not limited to, land acquisition, construction, rehabilitation, subsidization, counseling or assistance to other governmental entities, private organizations or individuals to expand affordable housing opportunities to low- and moderate-income households. Monies in the affordable housing linkage fund may be disbursed, hypothecated, collateralized, or otherwise employed for these purposes from time to time as the director of community development determines is appropriate to accomplish the purposes of the affordable housing fund. These uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, predevelopment loan funds, participation leases, loans to develop affordable housing or other public/private partnership arrangements. The affordable housing funds may be expended for the benefit of both rental or owner-occupied housing.

B. Accounting of Fees. All affordable housing linkage fees shall be deposited into a segregated account and all expenditures of these funds shall be documented and included in an annual report which shall be available for public inspection.

(Ord. 771 § 2 (part), 2006)