Ord2018 1130-375 - Laserfiche WebLink

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California Government Code Sections 65915--thfottgh-65918. To be eligible, the affordable units shall meet all of the applicable requirements in California Government Code Section 65915. These requirements, including application submittal requirements and replacement housing obligations are summarized in Section 32.19 (Affordable Housing Density Bonuses). C. Affordable Housing In -Lieu Fee. The affordable housing in -lieu fee for fractional units shall be established by resolution of the City Council and updated from time to time. Affordable housing in -lieu fees shall not exceed the fractional cost of providing an affordable unit. 29.5 Payment of a Housing Impact Fee A. Amount. The amount of the housing impact fee shall be established from time to time by resolution of the City Council. Housing impact fees shall not exceed the cost of mitigating the impact of nonresidential and residential development projects on the need for affordable housing in the City. B. Timing of Payment. Payment of the residential and nonresidential development project housing impact fees shall be due prior to the issuance of the first building permit for the development. The fees shall be calculated based on the fee schedule in effect at the time the building permit is issued. C. Exemptions. The housing impact fee shall not apply to developers of residential or nonresidential development projects which fall within one or more of the following categories: 1. Four or Fewer Dwellings. The housing impact fee shall not apply to developers of residential development projects consisting of four (4) or fewer dwelling units; the creation of four (4) or fewer parcels, provided that no more than four (4) dwelling units are allowed; or accessory dwellings created under Article 37 of the Redwood City Zoning Code. 2. Twenty or More Dwellings. Residential development projects of 20 units or more (excluding accessory dwelling units) that are required to construct affordable units on site per Section 29.4 (Requirements for Inclusion of Affordable Housing) of this Article. 3. Nonresidential Development of 5,000 Sq. Ft. or Less. The housing impact fee shall not apply to developers of nonresidential development projects adding five thousand (5,000) square feet or less of net new square footage. 4. Government-owned. Residential or nonresidential development projects located on property owned by the state of California, the United States of America, or any of its agencies and used exclusively for governmental or educational purposes. S. Damaged or Destroyed. Any structure proposed to repair or replace a building that was damaged or destroyed by fire or other calamity, so long as the square footage and use of the building remains the same, and construction of the replacement building begins within one (1) year of the damage's occurrence. 6. Vested Right to Proceed. Residential or nonresidential development projects to the extent they have received a vested right to proceed without payment of housing impact fees pursuant to state law, including those that are the subject of ATTY/ORD.469/ADOPTING ARTICLE 29 AND AMENDING SECTION 32.19 REV: 06-15-18 PR Page 8 of 20 ORD 1130-375 MUFF NO. 301