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Ord 2417
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Ord 2417
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Last modified
10/11/2019 2:49:48 PM
Creation date
10/11/2019 2:49:46 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Ordinance
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
12/7/2015
Description
ORDINANCE NO. 2417 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY ADDING A NEW ARTICLE XVII (AFFORDABLE HOUSING IMPACT FEE) TO CHAPTER 18 OF THE REDWOOD CITY MUNICIPAL CODE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDWOOD CITY DOES ORDAIN AS FOLLOWS: Section 1. The City Council makes the following findings: A. The provision of safe and stable housing for households at all income levels is essential for the public welfare of the city. Housing in Redwood City has become steadily more expensive and housing costs have gone up faster than incomes. Federal and state government programs do not provide enough affordable housing to satisfy the needs of very low, low, or moderate income households. As a result, there is a severe shortage of adequate, affordable housing for extremely low, very low, lower, and moderate income households, as evidenced by the following findings in the City's 2015
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12/07/2015 <br /> Section 18.274. —Administrative Relief: <br /> A. As part of an application for the first approval of a residential or <br /> nonresidential development project, a developer may request that the requirements of <br /> this Article be waived or modified by the decision-making body, based upon a showing <br /> that applying the requirements of this Article would result in an unconstitutional taking of <br /> property or would result in any other unconstitutional result, or because there is no <br /> reasonable relationship between the impact of the development and the need for <br /> affordable housing. <br /> 1. Any request for a waiver or modification shall be submitted <br /> concurrently with the project application. The developer shall set forth in detail the factual <br /> and legal basis for the claim, including all supporting technical documentation. <br /> 2. Any request for a waiver or modification based on this Section shall <br /> be reviewed and considered at the same time as the project application. The City Council <br /> may from time to time establish by resolution a processing fee for review of any request <br /> for a waiver or modification. <br /> B. The waiver or modification may be approved only to the extent necessary <br /> to avoid an unconstitutional result, based upon legal advice provided by or at the behest <br /> of the City Attorney, after adoption of written findings, based on legal analysis and the <br /> evidence. If a waiver or modification is granted, any change in the project shall invalidate <br /> the waiver or modification, and a new application shall be required for a waiver or <br /> modification pursuant to this Section. <br /> Section 18.275. — Enforcement: <br /> A. Payment of the housing impact fee is the obligation of the developer for a <br /> residential or nonresidential development project. The City may institute any appropriate <br /> legal actions or proceedings necessary to ensure compliance herewith, including, but not <br /> limited to, actions to revoke, deny, or suspend any permit or development approval. <br /> B. The city attorney shall be authorized to enforce the provisions of this Article <br /> and all affordable housing agreements, regulatory agreements, and all other covenants <br /> or restrictions placed on affordable units, by civil action and any other proceeding or <br /> method permitted by law. <br /> C. Failure of any official or agency to fulfill the requirements of this Article shall <br /> not excuse any developer or owner from the requirements of this Article. No permit, <br /> license, map, or other approval or entitlement for a residential development shall be <br /> issued, including without limitation a final inspection or certificate of occupancy, until all <br /> applicable requirements of this Article have been satisfied. <br /> D. The remedies provided for in this Section shall be cumulative and not <br /> exclusive and shall not preclude the City from any other remedy or relief to which it <br /> otherwise would be entitled under law or equity. <br /> ATTY/ORD.418/AFFORDABLE HOUSING IMPACT FEE ORD.#2417 <br /> REV: 10-22-15 VR FORMERLY MUFF#100 <br /> Page 10 of 11 <br />
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