Scotts Valley Municipal Code Ch. 14.01 Redevelopment Agency Affordable Housing Production Requirements

A. City of Scotts Valley Goals and General Plan.

1. The city council finds that a decent home and a suitable living environment for all is a priority of the highest order; this priority conforms with state and federal policies and in particular the goals, policies and legal obligations of the agency reflected in the Community Redevelopment Law (Health and Safety Code §§ 33000 et seq.). The goal of the city and the agency is to provide housing for persons of all economic levels, with priority given to those persons of moderate-, low- and very-low-income levels currently residing or working within the city.

2. The city council finds there is an inadequate supply of housing in the city which is affordable to very-low-, low- and moderate-income households. Federal and state housing finance and subsidy programs are not sufficient in themselves to meet that need. In addition, the adoption of the redevelopment plan by the agency now requires affordable housing units to be provided within the project area or provisions to be made for in-lieu funding depending on the size of the residential development project as a percentage of the number of new units built within the project area.

3. Land for residential development in the city is limited, and the amount of land which can be used for development of housing for very-low-, low- and moderate-income households is being depleted by development of high-cost housing. In order to further the goals of the agency and the city's housing element of the general plan, the city council finds that implementation of this process is necessary to reach agency goals of providing appropriate housing affordable to very-low-, low- and moderate-income households.

4. These findings and other sections of this chapter refer to and utilize certain terms which are defined in Section 14.01.030 of this chapter. The sections in this chapter shall refer to those definitions in conjunction with the use of those terms.

B. Provide for Workforce.

1. The city council finds that housing for persons of very-low-, low- and moderate income serves and enhances the public health, safety and welfare, and particularly finds that provision of very-low-, low- and moderate-income housing is fundamental to maintenance of an adequate, growing workforce and marketplace for the local economy.

2. The city council acknowledges that if very-low, low- and moderate-income workers cannot find housing in the city, then employers will have difficulty in securing a labor force, and employees will be forced to commute. Employee commutes increase air pollution, unnecessarily create traffic congestion and develop a population which is separate and distinct from full-time residents establishing diverse and often contrasting demands on limited city resources.

C. Benefit to Property Participating. The city council finds that a program established in the ordinance codified in this chapter will meet the needs of the redevelopment plan and will directly benefit the project area. Each new residential housing project which contributes to very-low-, low- and moderate-income housing augments the housing mix, increases the supply of housing for all economic segments of the community, and thereby provides for a balanced community which is deemed to be in the public interest.

D. Smaller Subdivisions. The city council finds that a large portion of residential subdivisions are divisions of land into less than seven lots. If developments of this size are exempted from contributing to the very-low-, low- and moderate-income housing stock, then the cumulative effect will result in a large diminution of the potential to obtain the resources necessary to provide affordable housing.

E. Resale Restrictions. The city council finds that the benefits of an effective very-low-, low- and moderate-income housing program are severely diminished if the program benefits only the first occupants of very-low-, low- and moderate-income housing who thereafter attempt to sell the assisted units at market prices. Therefore, the city council recognizes that resale control, to ensure the continuing availability of very-low-, low- and moderate-income households, is a necessary consideration in order to prevent undermining of the credibility of the whole program, not so much because of the windfall to those who sell an affordable housing unit, but because of the loss of the unit itself.

F. Public Purpose. The city council finds that public housing programs and housing subsidy programs can meet only a small portion of the need for very-low-, low- and moderate-income housing. The vast majority of housing units have been and will continue to be produced by the private housing industry. This industry has the knowledge and ability to produce housing affordable to very-low-, low- and moderate-income households given supportive government policies, including incentives and public investment as appropriate. Therefore, the city council finds it is a public purpose of the city to seek assistance and cooperation from the private sector and nonprofit agencies in making available an adequate supply of housing for persons of all economic segments of the community.

G. Economic Feasibility. The city council finds that the goal of increasing the supply of housing affordable to very-low-, low- and moderate-income families through the assistance and cooperation of the private development industry can be reached only if the provision of such housing becomes more feasible for the private development industry. The city council further finds that, in order to make the provision of such housing more feasible to the private development industry, it is necessary to provide flexibility in the manner and method of development which has a tendency to reduce the cost of development projects for the private development industry.

H. Benefits of Ordinance.

1. Benefits to the affordable housing developer may, at the discretion of the agency, include density bonuses, waiver of fees, application of planned development zoning, authorization of assessment district and improvement district bonds and use of publicly-generated funds to reduce development costs.

2. Benefits to the public include increased housing opportunities in all areas of the city, an increased supply of very-low-, low- and moderate-income housing, an increased availability of funds for very-low-, low- and moderate-income housing projects, and an agency and city commitment to create low- to moderate-income housing opportunities in the city.

I. Collection of Fees.

1. The fees required or permitted as an option by the ordinance codified in this chapter are appropriate and permissible. The fees required or permitted as an option by the ordinance codified in this chapter will be effective in producing units because:

a. The fee will be reflective of values or projects built in the project area. The base for the in-lieu schedule will be the median price of a home sold in each specific development constructed in the project area;

b. Payment of in-lieu fees will be within a specific period of time, thereby allowing a predictable and stable flow of in-lieu fees; and

c. The fees collected will be used in a specific time frame for the provision of affordable housing units.

2. The change in requirements from a six-unit/lot project to a seven-unit/lot project is appropriate because:

a. At a basic contribution rate of fifteen percent (15%), an entire unit donation is not required until a project is of at least seven units/lots (i.e. fifteen percent (15%) contribution/lot multiplied by seven lots equals a 1.05 unit contribution).

b. In those cases where an on-site in-lieu fee option is allowed for projects of seven or more units/lots, the fee generated by a seven (or more) unit/lot project will be sufficient to reflect the difference between a market rate unit in the city and the price of an affordable housing unit.

c. The amount of the fee will be sufficient to induce developers to fully consider on-site contributions.

d. The lesser contribution of projects of one through six units/lots at a basic fifteen (15%) rate do not require contribution of one full unit.

e. The graduated fees for projects of one through six units/lots is appropriate and proportionate to the scale of the projects.

J. City Commitment. The city council finds that among the considerations which the city must undertake in order to make housing affordable to very-low-, low- and moderate-income families economically feasible for the private development industry, the following may be of importance:

1. Governmental land use planning and policies should not unnecessarily limit allowable densities; where higher densities can be supported they may be allowed.

2. Review of city's development process and exactions for the purpose of identifying those requirements and exactions which may increase the cost of housing and which might be reduced or eliminated without significantly affecting the public health and safety.

3. Examine and devise workable methods of relieving the private housing industry, when pursuing housing goals, of the burden of providing development infrastructure.

4. Review the governmental approval process and procedure for the purpose of instituting changes to reduce processing time and requirements.

5. Pursue all sources and programs for obtaining public funds which can be made available to the private housing industry and/or very-low-, low- and moderate-income families for the purpose of reducing the cost of developing housing and/or the cost of renting or owning housing.

6. Pursue alternatives for the use of in-lieu fees including land purchases, defraying infrastructure costs and construction of units.

K. Other Objectives.

1. The city council finds that the shortage of housing affordable to very-low-, low- and moderate-income persons is a regional problem and that cooperation and coordination with other governmental entities within and around the city in mutually solving the problem is an objective of this chapter.

2. The city council further finds that it is an objective of this chapter to meet the housing needs of all types of very-low-, low- and moderate-income groups in a manner that is economically feasible and consistent with their needs.

3. The city council further finds that it is an objective of this chapter that the purchase or rental price of housing for persons of income levels above the moderate income level shall not be increased as a result of the requirements of this chapter.

4. The city council further finds that it is an objective of this chapter to provide housing opportunities in the project area for very-low-, low- and moderate-income households.

5. The city council further finds that it is an objective of this chapter to provide housing opportunities for very-low-, low- and moderate-income households living and working in the city, on a priority basis and that a preference criteria system has been implemented by the agency and may be amended from time to time.

(Ord. 142.2 § 1(part), 1995; Ord. No. 142.4, § 1, 4-6-05)

The purpose of this chapter, pursuant to Article XI, Section 7 of the State Constitution, Section 66410 et seq. of the Government Code (Subdivision Map Act) and Section 33334.2 of the Health and Safety Code, is to enhance the public welfare, benefit the property being developed, and assure compatibility between future housing development in the project area and housing units affordable to persons of very-low, low and moderate income. In order to ensure that remaining developable land in the city is utilized in a manner consistent with state and local housing policies and needs, the city declares that all new residential development in the project area shall contribute to the provision of housing units affordable to persons of very-low, low and moderate income.

(Ord. 142.2 § 1(part), 1995; Ord. No. 142.4, § 1, 4-6-05)

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

"Affordable housing" means the units which are required to be occupied by very-low-income, low-income or by moderate-income households as defined in this section.

"Affordable housing subcommittee" means a subcommittee consisting of two city council/agency members who negotiate the terms and requirements of this chapter with developers of new residential developments. Such negotiations are subject to confirmation by the city council and agency members.

"Agency" means the Redevelopment Agency of the City of Scotts Valley.

"Apartment" means a separate dwelling unit within a building for rental residence purposes containing three or more units.

"Building permit" means a permit issued by the city's planning department authorizing the construction of new residences and apartment buildings.

"Condominium" means, pursuant to Civil Code Section 783, an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store.

"Continuing availability" means the method of insuring that an affordable housing unit will remain in use for very-low-, low- and moderate-income households.

"Density bonus" means an increase in the number of residential units authorized for a particular parcel beyond that which is permitted under the existing general plan, area plan, master plan, coastal land use plan and/or zoning.

"Development" means subdivision of land, use permits, special permits and building permits for residential purposes.

"For sale unit" means a housing unit to be sold and not rented. Such units shall be owner occupied if a for sale unit is an affordable housing unit.

"Housing" means any structure or portion thereof designed or used exclusively as the residence or sleeping quarters of one or more persons.

"Housing authority" means the Housing Authority of the County of Santa Cruz.

"Infrastructure" means improvements including, but not limited to, water and sewage systems, storm drains, curb and gutter, sidewalks, streets, grading and paving, etc.

"Lot of record" means an existing subdivided lot created prior to March 16, 2005.

"Low-income household" means a household with an adjusted income which is not less than fifty (50%) nor more than eighty percent (80%) of median income.

"Market rate" means the sales price or rent for non-affordable housing units within the same new residential development. Where multiple market rate units are provided, the median sales price or rent shall be used to establish the market rate value.

"Median income" means the median income adjusted by actual household size for households in the county of Santa Cruz, California, as published from time to time by the state of California. In the event that such income determinations are no longer published, or are not updated for a period of at least eighteen months, the agency shall provide the developer with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by the state.

"Moderate-income household" means a household with an adjusted income which is not less than eighty (80%) nor more than one hundred and twenty percent (120%) of median income.

"New residential development" means that which is subject to the requirements of this chapter, and shall include the construction of any residential dwelling unit(s) in any residential area in the project area, including the building permit or tentative map received after the adoption of the redevelopment plan.

"Owner occupied" means the owner of the property at time of development who has resided or who agrees to reside in the affordable housing unit. Violation of sections of this chapter pertaining to owner occupancy shall be, and is declared, an infraction of this chapter subject to the remedies provided in Section 14.01.060.

"Project Area" means the redevelopment project area identified in the Redevelopment Plan for the City of Scotts Valley.

"Redevelopment Plan" means the Scotts Valley Redevelopment Agency Redevelopment Plan.

"Rental unit" means a housing unit to be rented or leased and not a for sale unit.

"Second deed of trust" means an instrument that is evidence of the pledge of any affordable housing low/mod unit as security for the performance of those conditions as set forth in Section 14.01.040 F2 of this chapter.

"Subdivision" means a division of land, pursuant to Government Code Section 66424.

"Very-low-income household" means a household with less than fifty (50%) of median income.

(Ord. 142.2 § 1(part), 1995; Ord. No. 142.4, § 1, 4-6-05)

A. Development Requiring Affordable Housing Unit Contribution. All new residential developments in the project area comprised of one or more units including, but not limited to, condominiums, town homes, single-family dwellings, apartments, etc., and shall contribute to the provision of housing for very-low-, low- and moderate-income households in the city. The method of contribution shall be in accordance with this chapter and in a manner consistent with the city's policies providing for the health, safety and welfare of its residents, including protection of the environment.

B. Development Authorized Without Affordable Housing Unit Contributions. Notwithstanding the provisions of this chapter, the following developments shall not be required to contribute to the affordable housing unit needs of the city:

1. The construction of for sale or rental units on lots which are part of a parcel or subdivision that has already made its required contribution;

2. Development in which an adequate showing of extreme economic hardship or detriment upon compliance with this chapter is demonstrated to the satisfaction of the city council and the agency by the project applicant;

3. The construction of an addition to a single-family home or the remodeling of other existing structures or facilities;

4. The construction of one single-family home on an existing lot of record;

5. Construction of non-residential projects;

6. Residential projects which, through state or federal government programs, will be deed restricted to be affordable to very-low-, low- or moderate-income house holds; and

7. Construction of a secondary dwelling unit on a residential lot in accordance with Chapter 17.41 of this Code.

C. New Residential Developments Which Shall Make the Affordable Housing Unit Contribution.

1. The provision of housing for households of very-low, low and moderate incomes shall be required of all new residential development as set forth below. The size, design and location of these affordable housing units within a development shall be consistent with the general plan, zoning and city building standards.

2. All new residential developments in the project area of seven or more units in the city shall provide housing for very-low-, low- and moderate-income households by one of the following:

a. Provision of affordable housing units within the development project in an amount equal to or greater than fifteen (15%) of the total number of units or lots approved for the development project in accordance with redevelopment law regarding residential projects in redevelopment project areas;

b. Projects containing lots in which the average lot size is larger than one acre may opt to pay an on-site in-lieu fee, subject to the approval of the city council and the agency. The amount of the on-site in-lieu fee for each unit required on-site is that which results from subtracting the price of an affordable housing unit, as determined by the city, from the median sales price of a home in the project. The price of the affordable housing unit will be based on the affordability of such a unit by a four-person household earning one hundred percent (120%) of the county of Santa Cruz median income;

c. Any combination of the above, the result of which is to fulfill the basic requirement of contribution of units in an amount equal to, or greater than, fifteen percent (15%) of the residential units and/or lots generated by the development project; and

d. Off-site contributions of lots or units which secures the purpose of this chapter, subject to the approval of the city council and the agency. Such alternate manner of contribution may be approved by the city council and the agency upon a showing by the developer with clear and convincing evidence that on-site contribution is not appropriate for the particular development. Evidence which is appropriate for such showing shall be related to (i) the physical characteristics of the project, or (ii) better achieving the goals and objectives of the general plan, or (iii) taking advantage of unique opportunities that exist to achieve a greater contribution off-site.

Where units are allowed to be provided off-site, such off-site units shall be located in a manner to benefit the project area. Off-site contributions in the project area shall be allowed on a one-for-one basis when off-site units are priced to be suitable and affordable to a four-person household earning eighty percent (80%) of median income, or on a two-for-one basis when off-site units are priced to be suitable and affordable to a four-person household earning one hundred percent (100/%) of median income. Any off-site project built outside the project area, when allowed, will be based on a two-for-one basis in an assortment of affordable housing costs as determined by the agency.

3. Development which requires a fractional contribution pursuant to the requirements of this chapter may pay an in-lieu fee for that fraction, prorated on the value of one unit (i.e. a development generating a .9 affordable unit contribution may pay the in-lieu fee; a development generating a 1.5 affordable unit contribution may pay the in-lieu fee for a .5 affordable unit after contributing one affordable unit).

4. All new residential developments of less than seven units or lots in the project area shall contribute to the provision of housing for very-low-, low- and moderate-income households in the manner set forth in subsection G of this section.

5. The contribution of the developer may be accomplished by the developer alone or in combination with any number of other persons, or with the housing authority or other nonprofit housing corporation.

6. When a developer of a residential project agrees to provide over twenty-five percent (25%) of the total units or lots for affordable unit housing, the city may grant either a density bonus to the project of one unit, or lot per affordable housing unit, or lot provided over the twenty-five percent (25%) requirement, or other such means for reducing development costs as provided for in this chapter. Use of the density bonus or other such means for reducing development costs within a new residential development shall be subject to health and safety regulations, the general plan and zoning, as well as provisions of the California Environmental Quality Act. The type of bonus unit(s) shall be subject to the approval of the appropriate authority considering the residential project generating the need for the affordable housing unit contribution.

D. Commercial and Industrial Development Projects.

1. New commercial and industrial development projects in the city may, at the election of the developer, contribute to the provision of housing for very-low-, low- and moderate-income households.

2. The contribution of the developer may be accomplished by the developer alone or in combination with any other number of persons, or with the housing authority or other nonprofit housing corporations.

E. Development Project Approval.

1. A new residential development application will not be deemed complete for consideration until the developer has submitted plans and proposals which demonstrate the manner in which the requirements of this chapter will be met, including any plans for use of a density bonus, construction of on-site units, or commitment of on-site lots.

2. The plans and proposals of the developer outlined in section 14.1.040.E.1 above, shall be reviewed by the affordable housing subcommittee which shall then make a recommendation on the method by which the proposed new residential development complies with this chapter. Such recommendation shall include the number of units, size of units (number of bedrooms), rate of affordability (to very-low-, lot- and moderate-income households) and any other relevant factors appropriate for consideration by the city council and agency. Such recommendation of the affordable housing subcommittee shall be brought forward to the city council and agency board with the development approvals or prior to issuance of a grading or building permit for the new residential development, whichever occurs first.

3. Recordation of final or parcel maps, or issuance of building permits for a new residential development shall not be accomplished until the terms of this chapter are satisfied by a simultaneous recordation of an affordable housing agreement with the Agency establishing how the affordable housing unit requirements have been met, recordation of appropriate instruments, payment of fees or designation for transfer of those units for the affordable housing unit contribution.

F. Continuing Availability. The continuing availability of affordable housing units shall be provided for in the following manner:

1. Affordable Housing Units (Rental). Affordable housing units built for purposes of rental shall be subject to covenants and restrictions as provided by the requirements of the agency, from time to time, in order to assure affordability as required by the Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.); and

2. Affordable Housing Units (For Sale/Owner Occupied). Affordable housing units constructed for purposes of sale and occupancy by the owner/purchaser shall be subject to covenants and restrictions as provided by the requirements of the agency, from time to time, in order to assure affordability as required by the Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.).

G. Calculation of In-Lieu Fees for Smaller Subdivisions. Projects of six units/lots or less shall be permitted to satisfy the requirements of this chapter by payment of in-lieu fees in accordance with the following formula:

1. Proposed number of dwelling units: _______.

2. Calculate number of required affordable units by multiplying (1) by 0.15:_______.

3. Calculate estimated household size based on the number of bedrooms in the affordable housing unit, plus one (i.e. a two bedroom unit has a household size of three persons).

4. Determine median income adjusted for household size: _______.

5. Calculate moderate-income limit by multiplying (4) by 1.2: _______.

6. Calculate very-low-income limit by multiplying (4) by 0.5: _______.

7. If for sale unit, calculate moderate-income subsidy requirement as follows:

a. Market rate sales price of unit(s): _______.

b. Calculate monthly income by dividing (5) by 12: _______.

c. Calculate monthly housing allowance by multiplying (7)(b) by 0.3: _______.

d. Calculate monthly taxes and insurance by multiplying (7)( c) by .8: _______.

e. Monthly homeowner's association dues: _______.

f. Calculate monthly principal and interest: (7)(d)—(e): _______.

g. Average interest rate for thirty-year fixed interest rate mortgage loan as determined by housing authority: _______.

h. Principal amount of fully amortized fixed interest rate thirty-year loan with monthly payments of (7)(f) and interest rate of (7)(g): _______.

i. Calculate affordable sales price by dividing (7)(h) by 0.9: _______.

j. Calculate moderate-income subsidy required by subtracting (7)(I) from (7)(a): _______.

8. If for sale unit, calculate very-low-income subsidy requirement as follows:

a. Sales price of market rate unit: _______.

b. Calculate monthly income by dividing (6) by 12: _______.

c. Calculate monthly housing allowance by multiplying (8)(b) by 0.3: _______.

d. Calculate monthly taxes and insurance by multiplying (8)(c) by .8: _______.

e. Monthly homeowners association dues: _______.

f. Calculate monthly principal and interest: (8)(d)—(e): _______.

g. Average interest rate for thirty-year fixed interest rate mortgage loan as determined by housing authority: _______.

h. Principal amount of fully amortized fixed interest rate thirty-year loan with monthly payments of (8)(f) and interest rate of (8)(g): _______.

i. Calculate affordable sales price by dividing (8)(h) by 0.9: _______.

j. Calculate very-low-income subsidy required by subtracting (8)(I) from (8)(a): _______.

9. If rental unit, calculate moderate-income subsidy requirement as follows:

a. Monthly rent of market rate unit: _______.

b. Calculate monthly income by dividing (5) by 12: _______.

c. Calculate monthly housing allowance by multiplying (9)(b) by 0.3: _______.

d. Utility allowance as determined by housing authority: _______.

e. Calculate affordable rent by subtracting (9)(d) from (9)( c): _______.

f. Calculate monthly subsidy requirement: (9)(a)—(9)(e): _______.

g. Calculate principal amount needed to generate (9)(f) at four and one-half percent (4.5%) simple interest: (9)(f) 12/0.045: _______.

10. If rental unit, calculate very-low-income subsidy requirement as follows:

a. Monthly rent of market rate unit: _______.

b. Calculate monthly income by dividing (6) by 12: _______.

c. Calculate monthly housing allowance by multiplying (10)(b) by 0.3: _______.

d. Utility allowance as determined by housing authority: _______.

e. Calculate affordable rent by subtracting (10)(d) from (10)( c): _______.

f. Calculate monthly subsidy requirement: (10)(a)—(10)(e): _______.

g. Calculate principal amount needed to generate (10)(f) at four and one-half percent (4.5%) simple interest: (10)(f) 12/0.045: _______.

11. Calculate per unit subsidy requirement:

a. If ownership unit, 0.6 (7)(k) + 0.4 (8)(k): _______.

b. If rental unit, 0.6 (9)(g) + 0.4 (10)(g): _______.

12. Multiply per unit subsidy requirement (11) by number of required affordable units (2): _______.

H. Collection and Use of In-Lieu Fees.

1. Any moneys contributed to the city pursuant to the provisions of this chapter shall be payable to the agency for the purpose of providing very-low-, low- and moderate-income housing. Payment of the in-lieu fee shall be made in the following manner:

a. If the units being constructed are apartments or other rental property, payment shall be made in full prior to issuance of the building permits.

b. If the units being constructed are for resale to individual homeowners, at the option of the owner or developer, the fee shall either:

i. Be paid in full for the amount due for each unit at or before the time of issuance of the building permit for that unit; or

ii. Be deferred until each unit is sold, provided that, if this option (b)(ii) is chosen, owner or developer shall provide city with a duly executed promissory note secured by a deed of trust on the property in the full amount due for all units in the project at the time of issuance of the first building permit and said note shall become due and payable at the time of sale of each unit on a proration basis of the total. After the final unit is completed and the full amount of the fee is paid, city shall grant a full reconveyance to owner or developer on the deed of trust.

Any commitment of land or moneys generated as a result of this chapter shall be used by the city to support agency affordable housing goals.

2. The agency may advertise by notice in newspapers of local circulation and other such written notice as deemed necessary of the availability of funds for the provision of affordable housing in the city. Included in such notice shall be an invitation to submit proposals and requests for funds to provide the required housing in the project area. The requests may be for grants, low interest loans, and other such requests deemed appropriate to secure the purpose of this chapter. The proposals may be for unit rehabilitation, land acquisition, unit purchase, development of infrastructure, or other such proposal deemed appropriate to secure the purpose of this chapter.

If funding is approved, the agency and the grantee shall enter into a contract to assure to the greatest extent possible that the approved proposals and requests are satisfactorily completed. No warrant shall be issued until such contract is completed and signed by appropriate parties.

I. Administration of Affordable Housing Programs.

1. The agency may establish standards for eligibility of very-low-, low- and moderate-income households for affordable housing units and shall attend to all administrative details of qualifying very-low, low and moderate-income households in affordable housing units.

a. Basic eligibility criteria shall be determined by the agency in accordance with the community redevelopment law.

b. The housing authority shall be reimbursed for administrative costs incurred in cooperation with the agency in implementing the provisions of this section. Such costs shall be paid through the transaction costs of selling or reselling the affordable housing unit.

2. The agency shall collect and maintain information regarding land and money availability, and identified needs for the purpose of assisting developers in making choices under the provisions of this chapter, and shall advise developers in all aspects of fulfilling their obligations under the provisions of this chapter. The planning department shall encourage and expedite, when possible, the integration of private development efforts with those of the housing authority and other nonprofit housing development corporations in providing affordable housing.

J. Principles and Guidelines. The director of planning, in consultation with the agency, may, from time to time, formulate principles and guidelines for the purpose of implementing and applying the requirements of this chapter. Such principles and guidelines, when adopted, shall be used as a basis for interpreting the provisions of this chapter and the respective commitments of developers, the city, the agency, and the housing authority to the provision of housing affordable to very-low-, low- and moderate-income households.

(Ord. 142.2 § 1(part), 1995; Ord. 16.115, § 2, 6-4-2003; Ord. No. 142.4, § 1, 4-6-05)

This chapter shall be known as the "redevelopment agency affordable housing production requirements."

(Ord. 142.2 § 1(part), 1995; Ord. No. 142.4, § 1, 4-6-05)

All departments, officials and public employees of the city which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this chapter, and shall issue no such permits or licenses for uses, buildings or purposes where the same would be in conflict with the provisions of this chapter, and any such permits or licenses, if issued in conflict with the provisions of this chapter, shall be null and void.

A. It shall be the duty of the planning director or his/her designee to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure.

B. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any of the provisions of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a term not exceeding one year, or by both fine and imprisonment. Such persons, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided.

C. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter, and/or any of the land, building or premises, established, conducted, operated or maintained contrary to the provisions of this chapter, is unlawful and a public nuisance, and the city attorney shall, upon order of the city council, immediately commence action or proceedings for the abatement and removal of enjoyment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction, to grant such relief as will abate and remove such buildings or structures, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building or structure or using any property contrary to the provisions of this chapter.

D. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. 142.2 § 1(part), 1995; Ord. No. 142.4, § 1, 4-6-05)