Chapter 9 — 1270M - AFFORDABLE HOUSING IMPACT FEE

9-1270.1M - INTENT.

It is the intent of this Chapter to establish an Affordable Housing Impact Fee in order to promote the development of housing that is affordable to low income households within the Mountain House Community through the use or application of fee revenues, as specified in the Mountain House Master Plan.

(Ord. 3975, § 3 (part), 1998)

9-1270.2M - FINDINGS.

In establishing the Affordable Housing Impact Fee, the Board of Supervisors finds as follows:

(a)

Following extensive planning, environmental impact analysis, and public review, the Board of Supervisors adopted the Mountain House Master Plan as an implementation measure to the San Joaquin County General Plan.

(b)

One of the principal objectives of the Mountain House Master Plan is to ensure that those who work in the community are able to afford to live in the community. By providing housing for all income groups who work within the community, certain benefits to the environment and residents will occur: reduced traffic congestion, improved air quality, increased opportunity for transit and bicycle use, and increased opportunity for pedestrian use throughout the community.

(c)

The presence of a housing supply affordable to all income groups also means that the community will be more likely to attract the employment base needed to achieve the jobs/housing balance required by the Mountain House Master Plan. This is critical to the success of the community. Prospective employers consider the availability of affordable housing for their employees as a highly desirable attribute in deciding where to locate their business. Consequently, the availability of a diverse and affordable housing stock will facilitate the development of employment opportunities, thereby helping to implement the concept of a balanced community as provided in the Mountain House Master Plan.

(d)

Although the market alone is anticipated to provide housing that is both available and affordable to all income groups, it is anticipated that there will be low income and medium income persons working in the community who will be unable to live in the community without some form of housing assistance.

(e)

Since residential development in the Mountain House Community will be dependent to some extent on the services provided by low income and medium income persons, it is essential that such residential development assume a reasonable share of the responsibility for providing a sufficient number of units which are affordable to these individuals.

(f)

In order to ensure the development of residential units which are affordable to low income and medium income persons who work in the Mountain House Community, it is necessary to assess an Affordable Housing Impact Fee against residential development, and to create and implement a mechanism whereby revenues generated from said fee can be utilized to fill affordability gaps for such income groups.

(g)

For certain categories of residential development, it is inappropriate to assess an Affordable Housing Impact Fee and therefore these categories are excluded from paying said Affordable Housing Impact Fee. These categories include second unit dwellings, Density Bonus Units, and Additional Town Center Units, that are specifically meant to provide affordable housing opportunities for low income and medium income persons; residential units in Pre-Existing Residential Areas that do not receive municipal utility services provided by the Mountain House Community Services District; and remodeling projects and projects involving the replacement of existing residential structures up to the total livable area of said structures.

(Ord. 3975, § 3 (part), 1998)

9-1270.3M - AFFORDABLE HOUSING IMPACT FEE.

An Affordable Housing Impact Fee is hereby authorized in the Mountain House Community.

(a)

The Affordable Housing Impact Fee shall be established by a Resolution adopted by the County pursuant to this Chapter and to the Mountain House Public Financing Plan.

(1)

The Affordable Housing Impact Fee and any revisions thereto shall be based on the Affordable Housing Impact Fee Technical Report (AHFTR) which specifies the methodology and serves as the basis for the fee computation.

(2)

The Affordable Housing Impact Fee shall consist of two (2) components: a fee per dwelling unit square foot and a fee per lot square foot. Said fees shall be revised in accordance with the provisions of Subsections (c) of this Section.

(b)

The total amount owed on property subject to the Affordable Housing Fee shall be determined as follows:

(1)

For new construction, the total amount owed shall be determined by multiplying the livable area of the residential unit and the square footage of the subject property by the applicable fee components of the Affordable Housing Impact Fee and summing the results.

(2)

For additions to an existing residence, the total amount owed shall be determined by multiplying the liable area of the addition by the applicable fee component of the Affordable Housing Impact Fee.

(3)

For projects involved the replacement of an existing residential structure, the total amount owed shall be determined by multiplying the livable area exceeding the livable area of the prior structure by the applicable fee component of the Affordable Housing Impact Fee.

(c)

The components of the Affordable Housing Impact Fee shall automatically be adjusted on July 1st of each year based on the percentage change in the Mountain House Housing Index, as set forth in the Resolution pertaining to the Fee adopted by the County, for (MH Housing Index) the preceding fiscal year.

• (Ord. 3975, § 3 (part), 1998; Ord. No. 4427, § 1, 12-11-2012)

9-1270.4M - APPLICABILITY OF FEE.

Unless otherwise specified, all residential construction within the Mountain House Community shall be subject to the Affordable Housing Impact Fee. Non-residential development shall not be subject to said fee.

(Ord. 3975, § 3 (part), 1998)

9-1270.5M - AFFORDABLE HOUSING IMPACT FEE EXEMPTIONS.

The following categories of residential development shall be exempted from the Affordable Housing Impact Fee:

(a)

Additional Town Center Units;

(b)

Density Bonus Units;

(c)

Projects involving the replacement of an existing residential structure but only up to the total livable area of the prior residential structure;

(d)

Remodeling projects;

(e)

Residential developments in Pre-Existing Residential Areas in which the zoning is AU-20; and

(f)

Second unit dwellings.

(Ord. 3975, § 3 (part), 1998)

9-1270.6M - TIMING OF FEE.

The total amount owed on property subject to the Affordable Housing Impact Fee shall be payable prior to the issuance of a building permit. The Director shall determine the total amount which is owed.

(Ord. 3975, § 3 (part), 1998)

9-1270.7M - MOUNTAIN HOUSE HOUSING TRUST FUND.

A Mountain House Housing Trust Fund (MHHTF) shall be established by the County for the purposes of this Chapter. Money generated as a consequence of the provisions of this Chapter shall be deposited within said fund. Money within said fund, and any interest generated therein, shall be used solely for the implementation and administration of the Affordable Housing Program for the Mountain House Community.

(Ord. 3975, § 3 (part), 1998)

• 9-1270.8M - MOUNTAIN HOUSE HOUSING ADVISORY BOARD.

A Mountain House Housing Advisory Board (MHHAB) shall be established by the County.

(a)

The MHHAB shall be responsible for preparing and updating a Five Year Strategic Plan for Housing within the Mountain House Community that describes the programs to be funded with MHHTF moneys, forecasts the MHHTF cash flow, and sets forth the anticipated costs of managing the MHHTF and administering the housing programs recommended for funding. The Five Year Strategic Plan for Housing shall be a component of the San Joaquin County Consolidated Plan that is reviewed and approved by the Board of Supervisors.

(b)

The MHHAB shall consist of five (5) members, as follows:

(1)

The Director of the San Joaquin County Housing Authority;

(2)

One (1) member of the Mountain House Community Services District Board; and

(3)

Three (3) members, appointed by the San Joaquin County Board of Supervisors, who have demonstrated expertise in the field of housing and/or a commitment to ensuring that housing within Mountain House is

affordable.

• (Ord. 3975, § 3 (part), 1998; Ord. No. 4399, § 11, 9-14-2010)

9-1270.9M - REFUND OF FEES PAID.

If a building permit lapses and becomes void, then the payer of the Affordable Housing Impact Fee amount shall be entitled to a refund, without interest, of said fee amount; provided that the portion of any fee amount received by the County as reimbursement of its costs in administering the provisions of this Chapter shall not be refunded.

(a)

The fee payer shall submit an application for a refund of the Affordable Housing Impact Fee amount paid to the County within ninety (90) calendar days of the expiration of the building permit.

(b)

Failure of the fee payer to submit a timely application for refund of the Affordable Housing Impact Fee amount shall constitute an absolute waiver of any right to a refund.

(Ord. 3975, § 3 (part), 1998)

9-1270.10M - ANNUAL REPORT.

The disposition of Mountain House Housing Trust Fund money shall be included in the Mountain House Annual Community Report to the Board of Supervisors. The section of the Mountain House Annual Report concerning the Affordable Housing Program shall set forth the total amount of all money deposited in the Mountain House Housing Trust Fund in the year prior to the date of said report, an itemized summary of the use of such revenues, including the amount and involvement of other public or private funds that have been leveraged with MHHTF money, and the funds which remain unexpended.

(Ord. 3975, § 3 (part), 1998)

CHAPTER 9-1405M - GRADING AND EXCAVATION REQUIREMENTS

9-1405.4M - GENERAL REQUIREMENTS.

The following exceptions to Section 9-1405.4 of the development title shall be applicable:

(a)

Sites developed adjacent to undeveloped property shall establish perimeter grades no lower than the adjacent land, and no more than one (1) foot higher, unless accommodated within a landscaped area. Slopes within these areas shall not exceed three to one (3:1) horizontal to vertical.

(b)

Perimeter grades adjacent to developed properties shall match the adjacent grade, plus or minus one-half (½) foot, unless occurring within a landscaped area.

(c)

Residential lots shall be graded so that the finished floor elevation is at least twelve (12) inches above the street curb.

(d)

Grading associated with arterial streets shall comply with the following standards:

(1)

Curb grades shall be established six (6) to twelve (12) inches below the finished grade at the right-of-way line;

(2)

Roadway median strips shall be graded with a crown height six (6) to twelve (12) inches above the curb, for a typical fourteen (14) foot wide median.

(Ord. 3813 (part), 1994)

9-1405.9M - GRADING ADJACENT TO WATERCOURSES.

The following grading requirements shall be applicable to grading operations along the watercourses and watercourse types identified below:

(a)

Old River.

(1)

Prior to any grading operations adjacent to Old River, all habitats to be either preserved or salvaged shall be delineated by an ecologist and staked with easily observable flagging.

(2)

Grading operations shall be conducted so that soil does not spill into Old River.

(b)

Marshes and Wetlands.

(1)

Grading operations shall be conducted so that soil does not spill into existing marshes, fill existing wetlands, restrict flooding of the habitat or reduce water quality.

(2)

During grading, a berm may be left between the existing marsh and the construction area. Said berm shall be removed in the last stages of construction. Alternatively, the overburden may be removed from the wetland edge backwards towards the uplands to create the marsh.

(Ord. 3813 (part), 1994)

CHAPTER 9-1700M - Repealed by Ord. 3939. CHAPTER 9-1705M - Repealed by Ord. 3939. CHAPTER 9-1710M - Repealed by Ord. 3939.