San Bruno City Zoning Code
CHAPTER 12
230 AFFORDABLE HOUSING PROGRAM
§ 12.230.010 Purpose.
The purpose of this chapter is to:
A.
Encourage the development and availability of housing affordable to a broad range of households with varying income levels within the city as mandated by state law, California Government Code Section 65580 et seq.
B.
Promote Housing Element Goal 2 to accommodate regional housing needs through a communitywide variety of residential uses by size, type, tenure, affordability, and location; and Goal 3 to expand financing techniques to achieve new affordable housing.
C.
Implement the Housing Element by creating a mechanism to provide benefits to the community from new development in the form of affordable housing, thereby helping to meet the housing needs of all socioeconomic segments of the community as provided in the Housing Element.
D.
Promote Housing Element Goal 5 to ensure the continued availability of affordable housing for very low, low, and moderate-income households, seniors, and persons with disabilities, single-parent households, large families, and other special needs groups.
E.
Implement Housing Element Program 3-J to adopt permissible and reasonable affordable housing impact fees for both residential and nonresidential development based on impact fee nexus studies.
F.
Implement Housing Element Program 5-A to support the Affordable Housing Ordinance (BMR Program, adopted in 2008) and to modify the BMR program as appropriate to maximize efforts to achieve affordable housing objectives in San Bruno.
G.
Enhance the public welfare by imposing affordable housing impact fees for residential and nonresidential development projects whereby developers of residential and nonresidential development projects will help mitigate the impacts of their projects on the need for affordable housing by contributing to the supply of housing for households with very low, low, and moderate incomes.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021)
§ 12.230.020 Definitions.
As used in this chapter, the following terms shall have the following meanings:
means a written agreement between the city and the developer as provided in Section 12.230.070 of this chapter.
means a fund for the deposit of fees established under this chapter as provided in Section 12.230.120 of this chapter.
means the fee paid by developers of residential or nonresidential development projects to help mitigate the impacts that such developments have on the demand for affordable housing, to be deposited in the affordable housing fund and used to support affordable housing development and operation. Affordable housing impact fees include commercial linkage fees.
means a fee or charge imposed on residential development in-lieu of providing required affordable housing on site.
means a plan required for a residential or nonresidential development project that demonstrates how the project complies with Section 12.230.070 of this chapter.
means a dwelling unit that shall be offered at an affordable rent or affordable ownership cost to very low-, low- or moderate-income households.
means the maximum purchase price of a for-sale affordable unit that will result in projected average monthly housing payments, during the first calendar year of a household's occupancy, including interest, principal, mortgage insurance, property taxes, homeowners insurance, homeowners' association dues, if any, a reasonable allowance for utilities, property maintenance, and repairs, and a reasonable down payment, all as determined by the city, that will not exceed the maximum monthly costs specified by Section 50052.5 of the California Health and Safety Code and California Code of Regulations Title 25, Sections 6910 through 6924.
means the total monthly housing expenses for a rental affordable unit not exceeding the rents specified by Section 50053 of the California Health and Safety Code and California Code of Regulations Title 25, Sections 6910 through 6924. "Affordable rent" shall include the total of monthly payments by the tenant for all of the following: (1) use and occupancy of the affordable unit and land and all facilities associated with the affordable unit, including, but not limited to, parking, bicycle storage, storage lockers, and use of all common areas; (2) any additional separately charged fees or service charges assessed by the owner, other than security deposits; (3) an allowance for utilities paid by the tenant as established by the San Mateo County housing authority, including garbage collection, sewer, water, electricity, gas, and other heating, cooking, and refrigeration fuel, but not telephone service or cable TV; and (4) any other interest, taxes, fees or charges for use of the land or affordable unit or associated facilities and assessed by a public or private entity other than the owner, and paid by the tenant.
includes full structural building permits as well as partial permits such as foundation-only permits.
means a fee or charge imposed on nonresidential developers to mitigate the development's impact on the need for affordable housing.
means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.
means the city staff person or body authorized to approve or deny an application for a planning or building permit for a residential or nonresidential development project.
means the person(s) or legal entity(ies), who also may be the property owner seeking real property development permits or approvals from the city or developing a particular project in the city.
means very low-income, low-income, and moderate-income households whose incomes do not exceed the income limits specified for San Mateo County, as published annually by the California Department of Housing and Community Development (HCD) in California Code of Regulations Title 25, Section 6932 (or successor provision).
means a residential dwelling unit that may be sold individually in conformance with the Subdivision Map Act. For-sale units also include units that are converted from rental units to for-sale units.
means one person living alone or two or more persons sharing residency in one dwelling unit.
has the same meaning as affordable housing unit.
means households with incomes no greater than the maximum income for low income households for San Mateo County, as published annually by the California Department of Housing and Community Development (HCD) in California Code of Regulations Title 25, Section 6932 (or successor provision).
means a new dwelling unit in a residential development project that is not an affordable unit.
means the median income applicable to San Mateo County, as published annually by the California Department of Housing and Community Development (HCD) in California Code of Regulations Title 25, Section 6932 (or successor provision).
means households with incomes no greater than the maximum income for moderate income households for San Mateo County, as published annually by the California Department of Housing and Community Development (HCD) in California Code of Regulations Title 25, Section 6932 (or successor provision).
means an application for a planning permit or building permit that includes the new construction of gross square feet of nonresidential space or the conversion of a residential use to a nonresidential use.
means any discretionary approval of a residential or nonresidential development project, including, but not limited to, a general or specific plan adoption or amendment, rezoning, tentative map, conditional use permit, variances, or architectural review permit.
means a dwelling unit that is intended to be offered for rent or lease and that cannot be sold individually in conformance with the Subdivision Map Act.
means an application for a planning permit or building permit at one location to create one or more additional dwelling units, convert nonresidential uses to dwelling units, subdivide a parcel to create one or more separately transferable parcels intended for residential development, or implement a condominium conversion, including development constructed at one time and in phases. "One location" includes all adjacent parcels of land under common ownership or control, 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, or separated only by the lands owned or controlled by the developer.
means households with incomes no greater than the maximum income for very low-income households for San Mateo County, as published annually by the California Department of Housing and Community Development (HCD) income limits for San Mateo County in California Code of Regulations Title 25, Section 6932 (or successor provision).
§ 12.230.030 Affordable housing requirements.
A.
Residential Development Projects. All new residential development projects of five or more units shall include at least fifteen percent of the total units as affordable housing units restricted for occupancy by very low-, low-, and moderate-income households, as specified in this section, unless an alternative is proposed by the developer and approved by the decision-making body for the planning permit, as provided in Section 12.230.060(B). No application for a rezoning, tentative map, conditional use permit, design review, or building permit shall be approved, nor shall any such project be constructed or approved without compliance with this chapter.
1.
For-Sale Units. At least fifteen percent of the total for-sale units in a residential development project shall be affordable housing units, of which five percent shall be affordable and restricted to occupancy by low-income households and ten percent shall be affordable and restricted to occupancy by moderate-income households.
2.
Rental Units. At least fifteen percent of the total rental units in a residential development project shall be affordable housing, of which five percent shall be affordable and restricted to occupancy by very low-income households, five percent shall be affordable and restricted to occupancy by low-income households, and five percent shall be affordable to and restricted to occupancy by moderate-income households.
3.
All residential development projects shall also include all replacement affordable units required by State Density Bonus Law (Government Code Section 65915), the Housing Crisis Act of 2019 (Section 66300), or Housing Element Law (Section 65583.2). Replacement affordable units may also be used to meet the city's requirements for affordable housing units if they meet the requirements of this chapter. Total units shall not include any units granted pursuant to density bonuses provided under State Density Bonus Law.
4.
In determining the number of affordable housing units required, any decimal fraction of one-half or more shall be rounded up to the nearest whole number.
5.
For decimal fractions of less than one-half, the developer shall either construct one additional affordable unit or to pay the partial unit payment set forth in Section 12.230.040(C).
B.
Mixed-Use Development Projects. Mixed use developments must comply with the requirements for nonresidential developments in the nonresidential portion of the development and must comply with the requirements for residential developments for the residential portion of the development.
§ 12.230.040 Affordable housing impact fees and in-lieu fees.
A.
Affordable housing impact fees and in-lieu fees are hereby established for all residential and nonresidential development projects, including affordable housing in-lieu fees for residential development projects and commercial linkage fees for nonresidential development projects. The amount of the affordable housing impact fees and in-lieu fees shall be established and adjusted from time to time by resolution of the city council. The affordable housing impact fees shall not exceed the cost of mitigating the impact of residential or nonresidential development projects on the need for affordable housing in the city.
1.
Commercial Linkage Fees. As provided in Section 12.230.030, all nonresidential development projects shall pay a commercial linkage fee, unless an alternative is proposed by the developer and approved by the city council as described in Section 12.230.060.
2.
Affordable Housing In-Lieu Fees for Residential Development Projects. If approved by the decision-making body as provided in Section 12.230.060(B), residential development projects may pay an affordable housing in-lieu fees rather than provide on-site units.
B.
Payment of the affordable housing impact fees and in-lieu fees shall be due at the issuance of the 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, unless state law specifies that the city must use a fee schedule in effect at an earlier date.
C.
For for-sale development projects that trigger an affordable unit requirement with a decimal fraction of less than one-half, the developer shall either build one additional affordable unit or pay an affordable housing in-lieu fee equal to the decimal fraction multiplied by the affordable housing in-lieu fee per affordable unit established for the for-sale residential project.
§ 12.230.050 Exemptions.
The requirements of this chapter do not apply to:
A.
Residential development projects of four or fewer new housing units or the creation of four or fewer parcels, provided that no more than four dwelling units are allowed, or accessory dwelling units and junior accessory dwelling units created under Chapter 12.90 of the San Bruno Municipal Code.
B.
Residential development projects that include more units that are affordable to very low-, low- and moderate-income households than required by this chapter, provided that the developer enters into an affordable housing agreement with the city for the period required by this chapter.
C.
Residential or nonresidential development projects which fall within one or more of the following categories:
1.
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.
2.
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 a building permit to repair or replace the building is issued within one year of the damage's occurrence.
3.
Development projects developed in accordance with the terms of a development agreement adopted by ordinance pursuant to authority and provisions of California Government Code Section 65864 et seq., and that is executed prior to the effective date of the ordinance codified in this chapter, provided that such developments shall comply with any requirements included in the development agreement or any predecessor ordinance in effect on the date the development agreement was executed.
4.
Development projects exempted by California Government Code Section 65589.5, 66474.2 or 66498.1 and other development projects for which applications have been deemed complete prior to the effective date of the ordinance codified in this chapter, provided that such developments shall comply with any predecessor ordinance, resolution, or policy in effect on the date that the application for the development was deemed substantially complete under Government Code Section 65943 or successor provision.
5.
Developments exempted by California Government Code Section 65589.5(o) or successor provision, provided that such residential developments shall comply with any predecessor ordinance, resolution, or policy in effect on the date that a preliminary application for the development containing all of the information required by Government Code Section 65941.1 was submitted to the city.
6.
Other uses that may be specified by resolution of the city council.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021)
§ 12.230.060 Alternatives.
A.
Notwithstanding any contrary provisions of this chapter, the decision-making body for the planning permit may approve or conditionally approve an alternative to the requirements in Section 12.230.030 of this chapter as proposed by the developer in the affordable housing plan required by Section 12.230.070 of this chapter, provided that the decision-making body makes the findings required by subsections B and C, as appropriate.
B.
Residential Development Projects. As an alternative to construction of affordable housing units on site, if approved by the decision-making body for the planning permit, developers of residential development projects may propose to provide affordable housing units through alternative means, including:
1.
Payment of Affordable Housing In-Lieu Fees. The city may accept payment of an affordable housing in-lieu fee in place of construction of on-site units in accordance with Section 12.230.030 if all of the following findings can be made:
a.
The decision-making body for the planning permit determines that the affordable housing in-lieu fee will provide at least an equivalent number of affordable units at the same or lower income levels as would otherwise be required by Section 12.230.030 based on the city's economic analysis.
b.
The average unit size in the project seeking to pay an affordable housing in-lieu fee is equal to or greater than two thousand square feet or four bedrooms.
2.
Off-Site Affordable Units. The decision-making body for the planning permit may approve or conditionally approve an alternative to provide affordable units off-site if it makes the following findings:
a.
Financing or a viable financing plan, which may include public funding sources, is in place for the proposed affordable housing units;
b.
The proposed location is suitable for the proposed affordable housing, is consistent with the Housing Element, General Plan, and Zoning Ordinance, and will not tend to cause residential segregation or concentrations of poverty;
c.
The units shall be constructed within the city of San Bruno and shall be constructed and occupied prior to occupancy of the residential development project;
d.
Such alternative compliance will provide as many or more affordable units at the same or lower income levels as would compliance with Section 12.230.030 and will not increase residential segregation or concentrations of poverty, based on substantial evidence.
3.
Provision of Rental Units in Place of For-Sale Units. The affordable housing requirement for for-sale units in Section 12.230.030 may be satisfied by providing five percent of the for-sale units at affordable rent to very low-income households, five percent of the for-sale units at affordable rent to low-income households, and five percent of the for-sale units at affordable rent to moderate-income households. The affordable housing agreement shall include provisions to provide for the future sale of the affordable housing units at an affordable ownership cost and relocation benefits for tenants of the inclusionary units if the owner of the for-sale units later determines to offer any affordable housing units in the residential development project for sale. At sale, appropriate documents shall be recorded to ensure affordability of ten percent of the for-sale units to moderate income households and five percent of the for-sale units to low income households for a forty-five-year term.
4.
Alternative Percentages and Income Levels of Affordable Units. The decision-making body for the planning permit may choose to approve a different percentage of total units as affordable units allocated to alternative income groups than identified in Section 12.230.030 provided that it finds that the alternative percentages and income levels of affordable units provided by the project will better assist the city in reducing Regional Housing Needs Allocation (RHNA) deficits for very-low income, low-income or moderate-income households.
The community development director may require an economic analysis prepared by a qualified consultant selected by the city that demonstrates the project provides the same overall affordable housing subsidy as would be provided by meeting the standards in Section 12.230.030.
5.
Other Alternatives. The decision-making body for the planning permit may review and approve an alternative mitigation program, including, but not limited to, the dedication of land to the city suitable for construction of affordable units, the purchase of existing units for conversion to affordable units, acquisition and rehabilitation of affordable units, or increase in the total number of affordable housing bedrooms, provided that it can find that, based on substantial evidence, that:
a.
Such alternative compliance will provide as many or more affordable units at the same or lower income levels as would compliance with Section 12.230.030 and will not increase residential segregation or concentrations of poverty; and
b.
The affordable units provided by the project will assist the city in reducing Regional Housing Needs Allocation (RHNA) deficits for very-low income, low-income or moderate-income households.
C.
Nonresidential Development Projects. As an alternative to payment of the commercial linkage fees, developers of nonresidential development projects may propose to mitigate the affordable housing impacts of such development through the construction of affordable housing units on site or through an alternative mitigation program, as provided in subsection B of this section. In addition to the findings contained in subsection B, the decision-making body shall find that the proposed alternative mitigates the impact of the project on the need for affordable housing to the same extent as payment of the commercial linkage fee.
D.
Any affordable rental or for-sale housing units proposed as an alternative shall be subject to the requirements described in Sections 12.230.070 through 12.230.110 of this chapter, as applicable.
§ 12.230.070 Compliance procedures.
A.
General. Approval of an affordable housing plan and execution, recordation and implementation of an affordable housing agreement shall be conditions of any approval of a residential or nonresidential development project, which includes the provision of affordable housing units as provided in Section 12.230.030 or 12.230.060. No affordable housing plan is required if the developer proposes only to pay the commercial linkage fee.
B.
Affordable Housing Plan. No application for approval of a residential or nonresidential development project which includes the provision of affordable housing units or payment of affordable housing in-lieu fees may be deemed complete until an affordable housing plan containing all the elements identified below is submitted to the community development department, except that an affordable housing plan to pay affordable housing in-lieu fees need only contain the information required to make the findings contained in Section 12.230.060. The affordable housing plan shall include:
1.
The number, location, number of bedrooms and size of the proposed market rate and affordable housing units and the basis for calculating the number of affordable housing units;
2.
If the applicant is applying for a density bonus, the affordable housing plan must include an analysis of the density bonus request as required by Chapter 12.250;
3.
A site plan depicting the proposed location of the affordable housing units;
4.
A floor plan depicting the proposed location, number of bedrooms, and square footage of the affordable housing units within a residential development;
5.
The income levels to which each affordable housing unit will be made affordable;
6.
The mechanisms that will be used to assure that the units remain affordable for the desired term, such as resale and rental restrictions, deeds of trust, and city's option to purchase and other documents;
7.
For a phased residential development proposing any change to the phasing requirements specified in Section 12.230.080(B), a phasing plan that provides for the timely development of affordable housing units in each proposed phase of development;
8.
The marketing plan for initial sales or rental by developer of the affordable housing units;
9.
Any proposed alternative as provided in Section 12.230.060 along with information necessary to support the findings required in Section 12.230.060 for approval of such alternatives; and
10.
The community development director may request additional information as reasonably needed to assist with evaluation of the affordable housing plan under the standards of this chapter.
C.
The affordable housing plan shall be processed concurrently with all other permits required for the residential or nonresidential development project. Before approving the affordable housing plan, the decision-making body shall find that the affordable housing plan conforms to this chapter. A condition shall be attached to the first approval of any residential or nonresidential development project to require recordation of an affordable housing agreement, as described in this subsection, prior to the approval of any final or parcel map or building permit for the residential or nonresidential development project.
D.
Affordable Housing Agreement. To ensure compliance with the approved affordable housing plan, an affordable housing agreement acceptable to the city attorney or designee shall be recorded against the residential or nonresidential development project prior to approval of any final or parcel map, or issuance of any building permit, whichever occurs first. The affordable housing agreement shall specify the number, type, location, size, phasing, and terms of affordability of all affordable housing units, provisions for income certification and screening of potential purchasers or renters of units, resale control mechanisms for for-sale units, the financing of ongoing administrative and monitoring costs, and all other provisions required to ensure compliance with the approved affordable housing plan.
E.
The community development director may adopt affordable housing guidelines consistent with this chapter and the Housing Element for the purpose of carrying out the administration of this chapter and may update those guidelines periodically as required.
§ 12.230.080 Affordable housing unit standards.
A.
All affordable units provided pursuant to Sections 12.230.030 and 12.230.060 shall be comparable to the overall quality of construction to market-rate units in the same housing development as follows:
1.
The exterior appearance of the affordable units shall be compatible with that of market-rate units, including the use of the same architectural style, the same faAade and roof materials, the same trim details, same windows, and compatible roof design and slope.
2.
Interior finishes and amenities may not differ from those provided in the base model market rate units.
3.
The average number of bedrooms in the affordable housing units shall be the same as the average number of bedrooms and average size in the market-rate units, and the affordable housing units shall be dispersed within the residential development, with unit locations comparable to those of the market-rate units, subject to review and approval by the community development director.
4.
The affordable housing units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development, provided at an affordable rent as defined in Section 12.230.010 or at affordable ownership cost as defined in Section 12.230.010.
B.
Affordable housing units provided pursuant to Sections 12.230.030 and 12.230.060 shall be made available for occupancy concurrently with the market-rate units. For the purposes of this subsection, "concurrently" means that the city shall issue building permits for the market-rate units proportionally with building permits for the affordable housing units, and the city shall approve final inspections or certificates of occupancy for the market-rate units in proportion with final inspections or certificates of occupancy for the affordable housing units. However, the decision-making body for the planning permit may modify the timing requirements for construction and occupancy of market-rate units to accommodate phasing schedules, model variations, or other factors, if the decision-making body determines that modifying the timing requirements is necessary to ensure feasibility of the residential development project.
C.
All affordable housing units provided pursuant to Sections 12.230.030 and 12.230.060 shall be subject to a resale restriction, deed of trust, and/or regulatory agreement recorded against the property for execution by the city manager, in a form approved by the city attorney, to ensure the continued affordability of the affordable units.
1.
Affordable housing units produced under this chapter shall be legally restricted to occupancy by households of the income levels for which the units were designated for a period of not less than fifty-five years for rental units and forty-five years for for-sale units.
2.
To the extent permitted by state and federal law, preferences will be given to those households where at least one member in the household lives or works in San Bruno or works for a school district serving the residents living in the city, except for those deemed ineligible due to conflict of interest noted below.
3.
Conflict of Interest. The following individuals are ineligible to purchase or rent certain affordable housing units: (a) elected or appointed city officials (including their spouse and dependents) who participated in the approval process for a project that included the affordable housing units; (b) the project applicant and its officers and employees (and their spouse and dependents); and (c) the project owner and its officers and employees (and their spouse and dependents). However, employees of the project applicant and project owner may purchase or rent affordable housing units if the units were designed and intended to be occupied by employees of the applicant or owner and approved by the decision-making body as part of the affordable housing plan. Officials, employees, or consultants of the city and members of city boards and commissions shall comply with all applicable laws, regulations, and policies relating to conflicts of interest as to their eligibility to develop, construct, sell, rent, lease, occupy, or purchase an affordable unit.
4.
Any household that occupies an affordable housing unit must occupy that unit as its principal residence, unless otherwise approved in writing for rental to a third party for a limited period of time due to household hardship, as determined by the city.
5.
No household may begin occupancy of an affordable unit until the household has been determined to be eligible to occupy that unit by the community development director or designee. The city manager or designee may from time to time adopt guidelines for determining household income and affordable housing cost, determining buyer eligibility, monitoring, and relevant administrative provisions.
§ 12.230.090 Affordable owner-occupied units.
A.
Sale to Eligible Households. Owner-occupied units will be offered to eligible households at an affordable ownership cost. Each prospective purchaser's income shall be certified and approved by the city prior to close of escrow.
B.
Initial Sales Price. The city will determine the affordable ownership cost upon request of the developer at the start of unit marketing.
C.
Deed Restrictions. Deed restrictions provided by the city, recorded against title to the affordable housing unit, and secured by a deed of trust shall be required as condition of sale for all owner-occupied affordable housing units and will include, but are not limited to, the city's or its designee's option to purchase, resale restrictions, occupancy requirements, payment of penalty for any default, and procedures and policies regarding changes in title. Deed restrictions must be approved by the city attorney prior to close of escrow.
D.
Administration. The developer or subsequent seller shall pay all administrative costs associated with the sale of the for sale affordable housing units, including for buyer review and qualification, and the review and processing of documents associated with the transaction.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021)
§ 12.230.100 Affordable rental units.
A.
Non-Discrimination. When selecting tenants, the owners of affordable housing units shall comply with all fair-housing laws, rules, regulations, and guidelines. The owner shall apply the same rental terms and conditions to tenants of affordable housing units as are applied to all other tenants, except as required to comply with this chapter or with other applicable government programs.
B.
Annual Report. The owner shall submit an annual report summarizing the occupancy of each affordable housing unit for the year and demonstrating the income-eligibility of the tenant, as required by the affordable housing agreement or rent regulatory agreement. The community development director may require additional information to confirm household income and rental price of the unit if the director deems necessary. The city council may establish an annual fee by resolution to cover the costs of this monitoring.
C.
Periodic Audit. The city shall have the right to periodically audit the information supplied to the city for the annual report if deemed necessary to ensure compliance with this chapter. In addition, owners of affordable housing units shall cooperate with any audits conducted by the city, state agencies, federal agencies, or their designees.
D.
Change in Income. If, after moving into an affordable rental housing unit, a tenant's household income exceeds the limit for that unit, the tenant household may remain in the unit as long as his or her household income does not exceed one hundred twenty percent of the income limit, but the tenant's rent shall be increased to thirty percent of monthly income upon expiration of the tenant's lease. Once the tenant's income exceeds one hundred twenty percent of the income limit, the tenant shall be given one year's notice to vacate the unit, or the next available market rate unit in the residential development shall be offered as an affordable housing unit. The owners of the residential development are responsible for notifying the city of such changes in income and documenting the process by which the existing tenant will be removed or the next available unit shall be offered as an affordable housing unit.
§ 12.230.110 Administrative relief.
A.
As part of an application for the first approval of a residential or nonresidential development project, a developer may request that the requirements of this chapter be waived or modified by the decision-making body, based upon a showing that applying the requirements of this chapter would result in an unconstitutional taking of property or would result in any other unconstitutional result. Concurrently:
1.
Any request for a waiver or modification shall be submitted with the project application. The developer shall set forth in detail the factual and legal basis for the claim, including all supporting technical documentation.
2.
Any request for a waiver or modification based on this section shall be reviewed and considered at the same time as the project application. The city council may from time to time establish by resolution a processing fee for review of any request for a waiver or modification.
B.
The waiver or modification may be approved only to the extent necessary to avoid an unconstitutional result, based upon legal advice provided by or at the behest of the city attorney, after adoption of written findings, based on legal analysis and the evidence. If a waiver or modification is granted, any change in the project shall invalidate the waiver or modification, and a new application shall be required for a waiver or modification pursuant to this section.
§ 12.230.120 Affordable housing fund.
A.
There is hereby established in the city of San Bruno a separate "affordable housing fund," pursuant to Section 66006 of the California Government Code. All affordable housing impact fees and in-lieu fees or other funds collected under this chapter shall be deposited into the city's affordable housing fund.
B.
The moneys in the affordable housing fund and all earnings from investment of the moneys in the fund shall be expended exclusively to provide housing affordable to extremely low-income, very low-income, lower-income, and moderate-income households in the city, consistent with the goals and policies contained in the city's Housing Element and the purposes for which the fees were collected, and for administration and compliance monitoring of the affordable housing program.
C.
The city council may, from time to time, adopt guidelines for expenditure of moneys in the affordable housing fund.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021)
§ 12.230.130 Enforcement.
A.
Payment of any affordable housing in-lieu fee or impact fee is the obligation of the developer for a residential or nonresidential development project. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions to revoke, deny, or suspend any permit or development approval.
B.
The city attorney shall be authorized to enforce the provisions of this chapter and all affordable housing agreements, regulatory agreements, and all other covenants or restrictions placed on affordable units, by civil action and any other proceeding or method permitted by law.
C.
Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any developer or owner from the requirements of this chapter. No permit, license, map, or other approval or entitlement for a residential development shall be issued, including, without limitation, a final inspection or certificate of occupancy, until all applicable requirements of this chapter have been satisfied.
D.
The remedies provided for in this section shall be cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity.
(Ord. 1843 § 3, 2016; Ord. 1898 § 3, 2021)