San Anselmo Municipal Code Ch. 21 Affordable Housing

a. The purpose of this chapter is to ensure that new residential and non-residential development projects contribute to the availability and attainment of decent, affordable housing to a broad range of households with varying income levels throughout the Town of San Anselmo.

b. These requirements implement the Town's Housing Element by assisting in meeting the Town's Regional Housing Needs obligations, providing funding to facilitate affordable housing development, and affirmatively furthering fair housing by ensuring that affordable housing is constructed in all parts of the Town.

c. The Town Council desires to provide and maintain affordable housing opportunities through an affordable housing in-lieu fee, the funds of which will be deposited into the Affordable Housing Fund to be used in the development of affordable housing and related programs in the Town. The non-residential/commercial linkage fee requirements will assist in alleviating the impacts of the demand for new affordable housing created by new non-residential development.

(Ord. No. 1178, § 3, 6-21-2023)

For the purposes of this chapter, the following definitions apply:

a. "Affordable housing fund" means the fund established pursuant to Section 10-21.050 of this chapter.

b. "Affordable housing unit" means a dwelling unit that shall be offered at an affordable rent or affordable ownership cost to very low-, low- or moderate-income households.

c. "Common ownership or control" means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten (10%) percent or more of the interest in the property.

d. "Housing in-lieu fee" means the applicable fee established pursuant to Section 10-21.060 of this chapter.

e. "Low income households" or "low income" means households with incomes no greater than the maximum income for low income households for Marin County as published annually by the California Department of Housing and Community Development (HCD) in California Code of Regulations Title 25, Section 6932 (or successor provision).

f. "Moderate income households" or "moderate income" means households with incomes no greater than the maximum income for moderate income households for Marin County, as published annually by the California Department of Housing and Community Development (HCD) in California Code of Regulations Title 25, Section 6932 (or successor provision).

g. "Non-residential development project" means an application for a planning permit or building permit that includes the new construction of gross square feet of non-residential space or the conversion of a residential use to a non-residential use.

h. "Non-residential/commercial linkage fee" means the applicable fee established pursuant to Section 10-21.060 of this chapter.

i. "Rental unit" means a dwelling unit that is intended to be offered for rent or lease and that cannot be sold individually in conformance with the Subdivision Map Act.

j. "Residential development project" means a project at one (1) location to create one (1) or more additional dwelling units, convert nonresidential uses to dwelling units, subdivide a parcel to create one (1) or more separately transferrable parcels intended for residential development, or implement a condominium conversion, including development constructed at one (1) time and in phases. "One location" shall include all adjacent parcels of land under common ownership or control with contiguous property lines at any point, or the property lines of which are separated by a public or private street, road, or public or private right-of-way.

k. "Very low income households" or "very low income" means households with incomes no greater than the maximum income for very low-income households for Marin County, as published annually by the California Department of Housing and Community Development (HCD) in California Code of Regulations Title 25, Section 6932 (or successor provision).

(Ord. No. 1178, § 3, 6-21-2023)

a. Residential Development Projects - General Requirements. Any new residential development project shall be developed to provide affordable housing units to very low, low, moderate, and above moderate-income households in accordance with the provisions of this chapter and applicable Town policies.

b. Affordable Housing Units—Percentage Required, In-Lieu Fees, Target Incomes. Residential development projects shall provide affordable housing units and/or pay housing in-lieu fees in accordance with the policies and procedures specified in the Affordable Housing Requirements and Program Regulations, as adopted, and amended from time to time by Town Council Resolution.

c. Exemptions. The requirements of this chapter do not apply to:

1. Projects where a building permit application has been accepted as complete by the Town prior to the effective date of this chapter; provided however that any extension or modification of such a permit shall not be exempt.

2. Any structure proposed to repair or replace a building that was damaged or destroyed by fire or other calamity so long as the total number of units, square footage, and land use of the building remains the same and construction of the replacement building begins within one (1) year of the damage's occurrence.

3. Single-family structure.

4. Any Accessory Dwelling Unit or Junior Accessory Dwelling unit approved by the Town.

5. Any residential development project exempted by State law as may be amended from time to time.

d. Density Bonus. An applicant may submit a separate application for a housing density bonus pursuant to applicable State law and San Anselmo Municipal Code Title 10, Chapter 11 "Density Bonus," if eligible.

e. Enforcement.

1. The Town Attorney is authorized to abate violations and to enforce the provisions of this chapter and all implementing regulations and resale controls placed on affordable housing units, by civil action, injunctive relief, and/or any other proceeding permitted by law including without limitation foreclosure.

2. It shall be unlawful, a public nuisance, and a misdemeanor for any person/entity to sell or rent an affordable unit at a price or rent exceeding the maximum allowed under this chapter and implementing regulations, or to a household not qualified hereunder, and such person/entity shall be subject to a fine of five hundred dollars ($500.00) per month plus restitution of the amount charged that exceeded the maximum allowed under this chapter from the date of original noncompliance until the affordable unit is in compliance with this chapter and implementing regulations. Fine monies collected that exceed the cost of enforcement shall be deposited into the Affordable Housing Fund.

3. The remedies provided herein nonexclusive and cumulative and shall not preclude the Town from any other remedy or relief to which it is entitled under law or equity.

(Ord. No. 1178, § 3, 6-21-2023)

The Town Council shall adopt and may amend from time to time by Resolution, implementing Affordable Housing Requirements and Program Regulations consistent with the provisions of this chapter and the Housing Element for the purpose of carrying out the administration of this chapter. A copy of the Affordable Housing Requirements and Program Regulations shall be on file with the Town Clerk's Office and made available for public examination and posted on the Town's website. The Affordable Housing Requirements and Program Regulations shall set forth affordable housing requirements, affordable housing in-lieu fee requirements, and non-residential/commercial fee requirements. The Planning Director or designee is responsible for administering this chapter. As part of this administration, the Director may perform the following tasks including, but not limited to interpret the provisions of this chapter and the Affordable Housing Requirements and Program Regulation and establish operational and procedural requirements such as tenant eligibility, application processes, waitlist management, and income verification requirements.

(Ord. No. 1178, § 3, 6-21-2023)

An Affordable Housing Fund is established to receive all housing impact and other applicable fees and funds.

a. All applicable affordable housing in-lieu fees and non-residential/commercial linkage fees collected shall be deposited into the Affordable Housing Fund. The monies deposited in the Affordable Housing Fund, with any interest earned, shall be used solely to increase, and improve the supply of housing affordable to moderate, low, and very low-income households, consistent with the goals and policies contained in the Town's Housing Element and affordable housing requirements and policies.

b. The Affordable Housing Fund shall be administered by the Planning Director who may develop procedures to implement said fund consistent with the requirements of this chapter and subject to any adopted budget of the Town and generally acceptable accounting and procurement processes.

(Ord. No. 1178, § 3, 6-21-2023)

a. Affordable housing in-lieu fees and non-residential/commercial linkage fees (fees) are hereby established for residential development projects and non-residential/commercial development projects. The amount of said fees shall be established by Town Council Resolution, as may be amended from time to time. The amount of fees shall not exceed the cost of mitigating the impact residential or non-residential/commercial development projects on the need for affordable housing in the Town of San Anselmo.

b. All such fees shall be deposited in the Affordable Housing Fund described in Section 10-21-040 herein.

c. Payment of fees shall be due at the issuance of the building permit for the project. Fees shall be calculated based on the fee schedule in effect at the time the building permit is issued, unless State law specifies that the Town must use a fee schedule in effect at an earlier date.

(Ord. No. 1178, § 3, 6-21-2023)