San Luis Obispo County Municipal Code Ch. 29.05 Other Rules

Concurrently with the Title 29 action plan the planning director shall submit a report to the board of supervisors on the status of activities undertaken with the affordable housing fund. This report, entitled the affordable housing fund annual report, shall include a statement of income, expenses, disbursements and other uses of the affordable housing fund. The report shall describe the number of individuals assisted and the number of housing units constructed or assisted during the twelve-month period preceding the Title 29 annual report. The report shall also describe the assisted units, including the unit types (rental or ownership), targeted income levels, geographic location, the amount of assistance provided and the amount of local, state and federal funds leveraged. The report shall contain a discussion of how well the goals of the previous year's affordable housing fund annual action plan were met. The planning director shall also recommend any changes to this title, other ordinances, the San Luis Obispo County Housing Element, or other actions necessary to carry out the purposes of this title, including any adjustments necessary to the fees or fee administration.

The report shall also contain the information and findings required in Subsections (a) through (e) below.

(a) The Title 29 Annual Report shall provide the following information for the Title 29 Affordable Housing Fund accounts:

(1) A brief description of the type of fees in the accounts.

(2) The amount of the fees.

(3) The beginning and ending balance of the accounts.

(4) The amount of the fees collected and the interest earned.

(5) An identification of each affordable housing development project on which fees were expended and the percentage of the total project cost that was funded with Title 29 Fees.

(6) An identification of an approximate date by which the construction of an affordable housing development project will commence or be completed if the project remains incomplete.

(7) A description of each interfund transfer or loan made from a Title 29 account or fund, including the affordable housing development project on which the transferred or loaned fees will be expended. In the case of an interfund loan, describe the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.

(8) The amount of refunds made pursuant to subsection (d) below, along with any allocations pursuant to subsection (e) below.

(b) Once each fiscal year the county auditor-controller-treasurer-tax collector shall report to the board of supervisors any portion of a fee within any (and all of) the accounts of the affordable housing fund that remains unexpended or uncommitted five or more years after deposit and identify the purpose for which the fee was collected.

(c) Whenever the county auditor-controller-treasurer-tax collector identifies an unexpended or uncommitted fee, pursuant to subsection (b) above, the board of supervisors shall make the following findings each fiscal year with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee:

(1) Identify the purpose to which the fee is to be put.

(2) Demonstrate a reasonable relationship between the fee and the purpose for which it was charged.

(3) Identify all sources and amounts of funding anticipated to be used to complete the financing for incomplete the affordable housing program goals and/or affordable housing development projects that are identified in Section 29.01.010.

(4) Designate the approximate dates on which the funding referred to in subsection (c)(3) above is expected to be deposited into the appropriate account or fund.

When findings are required by this subsection, they shall be made in connection with the information required by subsection (a) above. The findings required by this subsection need only be made for moneys in possession of the county, and need not be made with respect to letters of credit, bonds, or other instruments taken to secure payment of the fee at a future date.

(d) Except as provided below in subsection e, when sufficient funds have been collected, as determined pursuant to subsection (a)(6) above, to complete financing on incomplete affordable housing development project(s) identified in Section 29.01.010, and the affordable housing development projects remain incomplete, the county shall identify, an approximate date by which the construction of the development project(s) will commence or be completed. Otherwise, the county shall refund to the then current record owner or owners of the lots or units, as identified on the last equalized assessment roll, of the development project or projects on a prorated basis, the unexpended portion of the fee, and any interest accrued thereon. The county may refund the unexpended revenues by direct payment, by providing a temporary suspension of fees, or by any other reasonable means. The determination by the board of supervisors of the means by which those revenues are to be refunded is a legislative act.

(Ord. No. 3171, § 1, 12-9-08; Ord. No. 3384, § 1, 3-12-19)

Concurrent with preparation of the U.S. Department of Housing and Urban Development (HUD) Action Plan, the planning director shall also prepare a county affordable housing fund annual action plan and present it to the board of supervisors for approval. The county action plan shall guide the use of the county's affordable housing fund and its individual accounts. This document shall plan for the current fiscal year or other appropriate time frame to ensure accurate and effective planning and budgeting of fund revenues. The action plan shall include:

(a) A description of all programs and development projects to be funded with funds from the affordable housing fund and its individual accounts, specifying the intended beneficiaries of each program.

(b) The amount of funds budgeted for loans or grants to recipients who agree to participate in board approved programs and development projects.

(c) The amount of funds budgeted for administrative expenses.

(d) Funding priorities that are consistent with the county's housing policies and goals, including the purpose statements of the county's inclusionary housing ordinance (Land Use Ordinance Section 22.12.080 - Inclusionary Housing, and Coastal Zone Land Use Ordinance Section 23.04.096 - Inclusionary Housing), the purpose and intent statements of this title (Title 29 Section 20.01.010) and the programs of the housing element.

All disbursements from the affordable housing fund shall be consistent with the affordable housing fund annual action plan.

(Ord. No. 3171, § 1, 12-9-08; Ord. No. 3384, § 1, 3-12-19)

A person applying for the approval of any development project subject to an in-lieu fee and/or housing impact fee may file an appeal to the board of supervisors for reduction or adjustment to the fees, or a waiver of the fees, as follows:

(1) Timing and Form of Appeal. An appeal shall be made in writing on the form provided by the planning department and may be accompanied by any other supporting materials the appellant may wish to furnish explaining the reasons for the appeal. The appeal shall be filed with the planning department not later than: (a) within fourteen days of a public hearing granting approval of the development project subject to the in-lieu fee and/or housing impact fee; or (b) if no public hearing for the development permit is required, at the time of the filing of the application for the development permit; or (c) within fourteen days of when the planning director has calculated and determined the fee amount to be imposed on the development project. The planning director shall process the appeal pursuant to this section, including scheduling the matter before the board of supervisors for a public hearing.

(2) Basis for the Appeal. The appeal for reduction or adjustment to the fees, or waiver of the fees, shall be based upon the absence of any reasonable relationship or nexus between the impacts of the development project and either the amount of the fee charged or the affordable housing program or affordable housing development to be financed.

(3) Report and Hearing. When an appeal has been filed, the planning director will prepare a staff report and recommendation for consideration by the board of supervisors within sixty days of the filing of the appeal.

(4) Action and Findings. After holding a public hearing, the board of supervisors may affirm, affirm in part, or deny the appeal, based upon findings of fact regarding the particular case. Such findings shall identify the reasons for the action on the appeal. The decision on the appeal by the board of supervisors shall be final.

(5) Withdrawal of Appeal. After an appeal has been filed pursuant to this section, the appeal shall not be withdrawn except with the consent of the board of supervisors.

(6) Modification of the Development Project After Granting of an Appeal. If a reduction, adjustment or waiver of the in-lieu fee or housing impact fee is granted, any change of the development project, or any change in use within the development project, shall invalidate the waiver, adjustment or reduction of the fees and the originally imposed fees shall be recalculated to reflect project changes and shall be due and payable to the county.

(Ord. No. 3171, § 1, 12-9-08)

Should any provision of this title or a subsequent amendment thereto be held by a court of competent jurisdiction to be either, invalid, void or unenforceable, the remaining provisions of this title shall remain in full force and effect.

(Ord. No. 3171, § 1, 12-9-08)

Within three years of the effective date of the tiered rate structure in Section 29.04.020(a) (Calculation of Fee), the board shall hold a hearing to re-evaluate the inclusionary housing ordinance and affordable housing fund and shall repeal the inclusionary housing ordinance and affordable housing fund if broad based funding options have been successfully established.

(Ord. No. 3384, § 1, 3-12-19)