Sacramento County, CA Affordable Housing

Sacramento County, CA, US

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Type: Ordinance

Status: Adopted on 12/8/04

Source File: http://www.planning.saccounty.net/pdf/final-affordable-housing-ordinance.pdf

Text:

As this is a 19-page document, only the first two sections are shown here. To view or print the entire document, refer to the source file.

Chapter 22.35 AFFORDABLE HOUSING

22.35.010 Purpose.

A. It is a public purpose of the County and a policy of the State to achieve a diverse and balanced community with housing available for households of all income levels. The County is experiencing an increasing shortage of housing affordable to extremely low, very low and low income households. Because of the dwindling supply of land and the increasing cost of development, new residential development does not always provide housing for these economic groups. The consumption of the County's remaining developable land for residential development without providing housing affordable to persons of all income levels works in opposition to the County's housing policies. Scarce remaining opportunities for affordable housing will be lost and extremely low, very low, and low income families who work in the County will be unable to find affordable housing.

B. Housing Element Policy HE-45 provides that the County will adopt an affordable housing program within six months of adoption of the Housing Element that will require fifteen (15) percent of new residential development to be affordable to extremely low, very low and low income households.

C. The Legislature of the State of California has found that the lack of affordable housing is a critical problem which threatens the economic, environmental and social quality of life in California.

D. To implement Policy HE-45, to carry out the policies of the State of California, to achieve the benefits of economic diversity for the residents of the County and to assist in making affordable housing available in the County for all income levels, it is essential that new residential development contain housing opportunities to households of extremely low, very low and low income, and that the County provide a regulatory and incentive framework which provides opportunities for development of a supply and mix of new housing to meet the future housing needs of all income segments of the community.

E. The Board of Supervisors finds and determines that the above purposes can be reasonably met by requiring that fifteen (15) percent of all units in a new residential development project are affordable, as provided in Section 22.35.030. The Board of Supervisors further finds and determines that there is a reasonable relationship between the construction of a development project that does not meet Section 22.35.030’s fifteen (15) percent requirement, and the in lieu and affordability fees option that certain development projects may pay as an alternative to meeting that requirement, since those fees will be used to pay for off-site affordable housing in lieu of the on-site affordable housing. Based upon documents and testimony presented to the Board, and calculations by the Planning and Community Development Department and Sacramento Housing and Redevelopment Agency, the Board further finds and determines that there is a reasonable relationship between the number of affordable units that would have been constructed on-site if a development met Section 22.35.030’s fifteen (15) percent requirement, and the cost of building an equivalent number affordable units at an off-site location.

F. The Board of Supervisors finds and determines that, based upon the above purposes and findings, there is a reasonable relationship between the need for affordable housing and the type of development projects which may meet their affordable obligation pursuant to this Chapter by payment of in lieu and affordability fees.
(SCC 1306 § 1, 2005: SCC 1291 § 1 (part), 2005)

22.35.020 Definitions.

“Acreage credit” means the value of excess affordable housing acreage that may be bought or sold in accordance with Section 22.35.070(D).

“Adjacent” means contiguous at any point, or separated only by a public or private street, road, or other public or private right-of-way.

“Affordable” means rented at an affordable rent or sold at an affordable housing price.

“Affordable housing component” means the affordable housing units included in or provided by a development project as specified in this Chapter.

“Affordable housing developer” means the developer who constructs the affordable units required by this Chapter.

“Affordable housing plan” means the plan described in Section 22.35.140 setting forth the elements of a development project’s affordable housing component and the manner in which the affordable housing component will be implemented.

“Affordable housing price” means a sales price at which low income, very low income or extremely low income households can qualify for the purchase of for-sale affordable units. Qualification shall be based on no more than thirty-five (35) percent of income at eighty (80) percent, fifty (50) percent, and thirty (30) percent of the median income applicable to Sacramento County, respectively for low income, very low income and extremely low income households, being applied to housing expenses, which shall include mortgage principal and interest, taxes, insurance, assessments, and homeowner fees, as applicable.

“Affordable housing unit “or “affordable unit” means an ownership or rental dwelling unit developed as a part of the affordable housing component.

“Affordable obligation” means the obligation set forth in Section 22.35.030.

“Affordable rent” means: (1) for a unit whose occupancy is restricted to low income households, a monthly rent consisting of a maximum of one-twelfth of thirty (30) percent of eighty (80) percent of the median income applicable to Sacramento County; (2) for a unit whose occupancy is restricted to a very low income household, a monthly rent consisting of a maximum of one-twelfth of thirty (30) percent of fifty (50) percent of the median income applicable to Sacramento County; and (3) for a unit whose occupancy is restricted to an extremely low income household, a monthly rent consisting of a maximum of one-twelfth of thirty (30) percent of thirty (30) percent of the median income applicable to Sacramento County, or, when applied to units produced pursuant to the State of California Multifamily Housing Program, means a monthly rent consisting of a maximum of one-twelfth of thirty (30) percent of thirty-five (35) percent of the median income applicable to Sacramento County. In all cases the median income applicable to Sacramento County is as determined annually by the United States Department of Housing and Urban Development. Maximum rent is adjusted for household size appropriate to the unit, less a reasonable allowance for utilities, as published in SHRA guidelines.

“Construct” means to build or cause to be built.

“County” means the County of Sacramento.

“Developer” means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks County’s approvals for all or part of a development project.

“Developer” includes “owner.”

“Development project” means any real estate development project in the unincorporated County that includes residential units. Projects at one location developed by the same owner or developer undertaken in phases, stages or otherwise developed in distinct sections shall be considered a single development project for purposes of this Section.

“Donor site” means the development project within which excess affordable housing acreage is dedicated.

“Dwelling unit” means a residential unit within a development project.

“ELI competitive” means land meeting the criteria specified in Section 22.35.070(A)(1).

“Excess affordable housing acreage” means ELI competitive land dedicated to SHRA at no cost over and above that which would be required under Section 22.35.070(D).

“External subsidy” means any source of funds that is not local public funding, including federal or state grants, loans, bond funds, tax credits or other tax-based subsidy.

“Extremely low income household” or “ELI” means a household whose income does not exceed thirty (30) percent of the median income, adjusted for household size, applicable to Sacramento County, as published and periodically updated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937, or, when applied to units produced pursuant to the State of California Multifamily Housing Program, means a household whose income does not exceed thirty-five (35) percent of the median income, adjusted for household size, applicable to Sacramento County as published and periodically updated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. “First-time homebuyer” means that neither the purchaser nor the purchaser’s spouse has owned a home during the past three years, or that the purchaser meets at least one of the following criteria:

1. The purchaser is a displaced homemaker, defined as a person who has not worked full-time for a number of years, worked primarily without remuneration to care for the home and family, is unemployed or underemployed, is experiencing difficulty in obtaining or upgrading employment, and, while a homemaker, owned a home with a previous spouse or registered domestic partner as defined by state law;

2. The purchaser is single (unmarried or legally separated), has one or more minor children of whom purchaser has custody, and, while previously married or in a registered domestic partner relationship, owned a home with a previous spouse or domestic partner; or

3. The purchaser owns or owned as a principal residence during the past three years, a dwelling unit which structure is not permanently affixed to a permanent foundation in accordance with the County Code, or is not and cannot be brought into compliance with County Code for less than the cost of replacing the structure.

“Gross” area is the residential area of the property including streets, highways, roads, and alleys but not including public parks, public schools, public open space areas, habitat mitigation areas resulting from federal, state, or local requirements or other similar public non-residential features.

“Initial owner” means the first household to purchase a new for-sale affordable unit as its primary residence.

“Local public funding” means loans and grants from the housing trust fund, federal HOME Investment Partnership Program (“HOME”) funds and Community Development Block Grant Program, redevelopment area tax increment housing set-aside funds, and other funds originating from or administered by SHRA or the County.

“Low income household” means a household whose income does not exceed eighty (80) percent of median income applicable to Sacramento County, adjusted for family size as published and annually updated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.

“Market rate” means not restricted to an affordable housing price or affordable rent.

“Market rate developer” means the developer who constructs the market rate units.

“Mobilehome park” has the same meaning as set forth in Zoning Code Section 130-126 or any successor section.

“Multifamily” means residential units planned, approved, or built on land planned or zoned for other than single-family residential.

“Net” has the same meaning as “net lot area” as defined in Zoning Code Section 130-112 or any successor section.

“Net buildable land” means land that can accommodate residential construction and is calculated exclusive of: (1) existing or proposed public and private streets, highways, roads and alleys, or proposed street and highways as shown on the Circulation Plan, General Plan or community plan; and (2) existing or proposed public utility easements in excess of 12.5 feet in width.

“Newly-created multifamily site” means a site that that was not zoned for multifamily housing prior to submission of the application for the development project, or a site in the North Vineyard Station Specific Plan that was rezoned for multifamily housing prior to and in anticipation of this ordinance. “Non-ELI competitive land” means land meeting the criteria specified in Section 22.35.070(A)(2).

“Off-site” means outside of the boundaries of a development project but within the same specific or comprehensive plan (or community plan if there is no specific or comprehensive plan) or within a onemile radius from any point in the development project.

“One location” means all adjacent land owned or controlled by the same owner or developer, a related owner, or more than one owner in a single application, the property lines of which are contiguous at any point, or the property lines of which are separated only by a public or private street, road, or other public or private right-of-way.

“On-site” means within the boundaries of, or contiguous to, a development project.

“Owner” means and includes the person, persons, partnership, joint venture, association, corporation, or public or private entity having sufficient proprietary interest in real property to commence, maintain, and operate a development project.

“Percent” means a one-hundredth part. In applying percentages referred to in this Chapter, any portion of a percent less than one-half shall be disregarded and any portion of a percent one-half or greater shall be rounded up to the next whole number.

“Project level approvals” means a tentative subdivision map, a rezone, a use permit including use permit for a condominium conversion, a development plan review or a special development permit.

“Regulatory agreement” means the written agreement incorporating elements of the affordable housing plan, including rental, sale, and occupancy restrictions that will be recorded as a lien on the residential development or affordable housing component as specified in this Chapter.

“Residential project” means the entirety of a residential development with market rate units in a development project.

“SHRA” means the Sacramento Housing and Redevelopment Agency, a joint powers agency.

“Single-family” means planned, approved or built on land planned or zoned solely for a permitted residential density of one unit per parcel. Where such a planning or zoning single-family designation also allows by right or as a conditional use duplexes, halfplexes, second units, or similar uses, the designation is nonetheless considered single-family residential for purposes of the affordable housing component and the other provisions of this Chapter.

“Substantial rehabilitation” means rehabilitation of vacant uninhabitable residential units such that they are habitable, or rehabilitation of a non-residential building into residential units.

“Very low income household” means a household whose income does not exceed fifty (50) percent of the median income, adjusted for household size, applicable to Sacramento County, as published and periodically updated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.
(SCC 1306 § 2, 2005: SCC 1302 § 1, 2005: SCC 1291 § 1 (part), 2005)