CC Ordinance 2074
ORDINANCE NO. 2074
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING AN INCLUSIONARY HOUSING
ORIDINANCE (CHAPTER 21.24) THAT MANDATES 15%
AFFORDABLE HOUSING UNITS FOR ANY RESIDENTIAL
DEVELOPMENTS CONSISTING OF 10 RESIDENTIAL UNITS OR
MORE
WHEREAS, housing prices and rents have increased at a significantly higher
rate than general wages. The lack of affordable housing in Campbell forces many
residents to pay a very high percentage of their income for housing or to commute
considerable distances, adding to air pollution and traffic congestion in Campbell
and throughout Santa Clara County. The lack of affordable housing has made it
more difficult to recruit workers from out of the area, in general, especially workers
in lower-paying jobs, potentially affecting the economic vitality of the Campbell.
New housing developments do not, to any appreciable extent, provide housing
affordable to low- and moderate-income households.
WHEREAS, continued new housing developments which do not include housing
for low- and moderate-income households will serve to further aggravate the
current shortage of affordable housing by reducing the small remaining supply of
undeveloped land. Numerous nexus studies have been performed in neighboring
cities which clearly demonstrate that much of the new commercial and industrial
development does negatively impact the existing housing shortage.
WHEREAS, it is noted that implementation of the Inclusionary Ordinance is a
necessary part of the City's efforts to meet its General Plan Housing Element goals
and objectives and it's region wide affordable housing obligations.
WHEREAS, the City has great unmet needs for housing for individuals and
families who have low, very low and moderate incomes. For the period 1999
through 2006, The Association of Bay Area Governments has assigned the City a
fair share of 777 units. This includes: 165 very low income units; 77 low income
units; 214 moderate income units; and 321 market rate units. From 1999 to 2006
to date, the City of Campbell has built 506 units. These include: 16 very low
income units; 6 low income units, 63 moderate income units; and 421 market rate
units. This leaves a shortfall of 371 (149 very low income units; 71 low income
units; 151 moderate income units; and the City of Campbell exceeded the required
market rate units).
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WHEREAS, neither the City's resources nor other sources of financing are
sufficient, despite the best efforts of the City and the Campbell
Redevelopment Agency, to produce affordable housing for most of those with
unmet needs.
WHEREAS, unless new housing development contains some portion of
housing affordable to moderate, low and very low income households, the
City cannot meet its regional housing allocation needs. The City's regional
housing allocation needs of 777 units represent over half of the City's
anticipated residential build-out.
WHEREAS, an inclusionary requirement of 15%, while substantially less
than the percentage of affordable units which would be required to meet the
City's overall fair share, would significantly contribute to meeting the need;
WHEREAS, including affordable units in private residential development in
different parts of the City will help keep the City an economically balanced
community, with homes for people at varying income levels in many parts of
the City;
WHEREAS, allowing developers, if they choose to satisfy the inclusionary
requirement by causing affordable units to be built on a separate site, or by
dedicating adjacent land to be used for a separate affordable development;
WHEREAS, applying an inclusionary requirement only to new
development applications will give developers an opportunity to plan for the
requirement, and to reduce the price paid for development sites to take into
account the inclusionary requirement;
WHEREAS, adoption of the inclusionary requirement is an appropriate,
and essential, measure to implement the City's plans to provide homes for
families and individuals with a wide range of incomes, and to address the
City's otherwise unmet housing needs;
WHEREAS, the "public necessity, convenience and general welfare"
require the adoption of this Inclusionary Housing Zoning Text Amendment in
order to implement a portion of the City's Housing Element to encourage the
development of affordable units.
WHEREAS, any and all fees required by the regulations adopted by this
ordinance shall be used exclusively for the purpose of the development,
creation and support of affordable housing.
WHEREAS, there is a reasonable relationship between the fee's use and
the type of development project on which the fee would be imposed, in that
collection of the fee replaces the obligation for providing inclusionary unit(s),
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does not exceed the cost of providing the inclusionary unit(s), and shall be
deposited in the City's Affordable Housing Fund to benefit a variety of
affordable housing programs.
WHEREAS, there is a reasonable relationship between the need for
affordable housing and the type of development project on which the fee
would be imposed, in that as limited land resources are developed with
market rate housing, the opportunities for development of affordable housing
is reduced.
WHEREAS, there is a reasonable relationship between the amount of the
fee and the cost of the affordable housing contribution attributable to the
development on which the fee would be imposed, in that the in-lieu fee shall
be set by the City Council so that the fee amounts are not greater than the
gap between: (a) the amount of development capital typically expected to be
available based on the amount to be received by a developer or owner from
affordable housing cost or affordable rent, and (b) the anticipated cost of
prototypical affordable units.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Campbell does hereby ordain as follows:
That Chapter 21.24, Inclusionary Housing Ordinance of the Campbell
Municipal Code be adopted in its entirety with exhibit marked Attachment 3.
This Ordinance shall become effective (60) days following its passage and
adoption and shall be published once within 15 days upon passage and
adoption in the Campbell Express, a newspaper of general circulation in the
City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this
following roll call vote:
3rd
day of October
, 2006, by the
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers: Kennedy, Hernandez, Burr, Furtado, Watson
Councilmembers: None
Councilmembers: None
Councilmembers: None
ATTEST:
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APPROVED: ,..----
Jeanette Watson, Mayor
Anne Bybee, City Clerk
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Attachment 3
CHAPTER 21.24 - INCLUSIONARY HOUSING ORDINANCE
Sections:
21.24.010 - Findings
21.24.020 - Purpose of Chapter
21.24.030 - Definitions
21.24.040 - General Requirements
21.20.050 - Time Performance
21.24.060 - Continued Affordability and City Review of Occupancy
21.24.070 - Alternatives
21.24.080 - Use and Expenditure of In-Lieu Housing Fees
21.24.090 - Enforcement
21.24.010- Findings
The City Council finds that:
(a) Housing prices and rents in the City of Campbell have increased at a significantly
higher rate than general wages. The lack of affordable housing in Campbell forces
many residents to pay a very high percentage of their income for housing or to commute
considerable distances, adding to air pollution and traffic congestion in Campbell and
throughout Santa Clara County. The lack of affordable housing has made it more
difficult to recruit workers from out of the area, in general, especially workers in lower-
paying jobs, potentially affecting the economic vitality of the Campbell. New housing
developments do not, to any appreciable extent, provide housing affordable to low- and
moderate-income households.
(b) Continued new housing developments which do not include housing for low- and
moderate-income households will serve to further aggravate the current shortage of
affordable housing by reducing the small remaining supply of undeveloped land.
(c) The City Council approved the City's Housing Element of the General Plan which
includes a goal to encourage the provision of housing affordable to a variety of
household income levels (Goal H-3.1 Housing Development; Policy H-3.2a Citywide
Inclusionarv Housinq Ordinance).
(d) Implementation of the Inclusionary Ordinance is a necessary part of the City's
efforts to meet its General Plan Housing Element goals and objectives and its region
wide affordable housing obligations. Through the Inclusionary Ordinance, at least fifteen
percent of the units in a new housing development of ten or more units will be price or
rent restricted as units for low- and moderate-income households. In some
circumstances, developers will be offered an option of providing affordable units off-site
or payment of an in-lieu housing fee.
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21.24.020 - Purpose of Chapter
The purpose of this Chapter is to further the City's efforts to require housing available to
very low income, low income and moderate income households. The City's General
Plan implements the established policy of the State of California that each community
should foster an adequate supply of housing for persons at all economic levels.
Providing the affordable units required by this Chapter will help to ensure that part of
Campbell's remaining developable land is used to provide affordable housing. An
economically balanced community is only possible if part of the new housing built in the
City is affordable to households with limited incomes. Requiring builders of new housing
to include some housing affordable to households at a range of incomes is fair, not only
because new development without affordable units contributes to the shortage of
affordable housing, but also because zoning and other ordinances concerning new
housing should be consistent with the community's goal to foster an adequate supply of
housing for persons at all economic levels. In general, affordable units within each
housing development will serve the goal of maintaining an economically balanced
community.
The Inclusionary Housing Ordinance is required by the Council to promote and protect
the public health, safety, and general welfare while preserving and enhancing the
aesthetic quality of the City. (Ordinance 2060, December 2005 Code Update, Title 21
Zoning, 21.01.030 Purpose).
21.24.030 - Definitions
As used in this Chapter, the following terms shall have the meanings set forth below:
Affordable ownership cost. Average monthly housing costs during the first calendar
year of a household's occupancy, as determined by the City, including mortgage
payments, loan insurance fees, if any, property taxes, reasonable allowances for utilities
and property maintenance and repairs, homeowners insurance and homeowners
association dues, if any, which do not exceed the following:
(1) For lower income households: one-twelfth of thirty percent of seventy
percent of area median income, adjusted for assumed household size based on
presumed occupancy levels of one person in a studio apartment, two persons in a one
bedroom unit, three persons in a two bedroom unit and one additional person for each
additional bedroom thereafter.
(2) For moderate income households: one-twelfth of thirty-five percent of one
hundred ten percent of area median income, adjusted for assumed household size
based on presumed occupancy levels of one person in a studio apartment, two persons
in a one bedroom unit, three persons in a two bedroom unit and one additional person
for each additional bedroom thereafter.
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Affordable rent. Monthly rent, including utilities and all fees for housing services, which
do not exceed the following:
(1) for lower income households: one-twelfth of thirty percent of sixty percent of
area median income, adjusted for assumed household size based on presumed
occupancy levels of one person in a studio apartment, two persons in a one bedroom
unit, three persons in a two bedroom unit, and one additional person for each additional
bedroom thereafter.
(2) for very low income households: one-twelfth of thirty percent of fifty percent
of area median, adjusted for assumed household size based on presumed occupancy
levels of one person in a studio apartment, two persons in a one bedroom unit, three
persons in a two bedroom unit, and one additional person for each additional bedroom
thereafter.
Affordable units. Living units which are required under this Chapter to be rented at
affordable rents or available at an affordable housing cost to specified households.
Applicant. A person or entity who applies for a residential project and, if the applicant
does not own the property on which the residential project is proposed, also means the
owner or owners of the property
Area median income. Area median income for Santa Clara County as published
pursuant to California Code of Regulations, Title 25, Section 6932 (or its successor
provision).
Construction cost index. The Engineering News Record San Francisco Building Cost
Index. If that index ceases to exist, the Community Development Director shall
substitute another construction cost index which in his or her judgment is as nearly
equivalent to the original index as possible.
Eligible household. A household whose household income does not exceed the
maximum specified in Section 21.24.040 for a given affordable unit.
First approval. The first of the following approvals to occur with respect to a residential
project: building permit, planned development permit, tentative parcel map, tentative
subdivision map, conditional use permit, site and architectural review permit, or other
discretionary City land use approval.
For-sale project. A residential project, or portion thereof, which is intended to be sold
to owner-occupants upon completion.
Household income. The combined adjusted gross ihcome for all adult persons living
in a living unit as calculated for the purpose of the Section 8 Program under the United
States Housing Act of 1937, as amended, or its successor.
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,.,
.)
Inclusionary housing agreement. An agreement between the City and an applicant,
governing how the applicant shall comply with this Chapter.
Living unit. One or more rooms designed, occupied, or intended for occupancy as
separate living quarters, with cooking, sleeping, and bathroom facilities.
Lower income household. A household whose household income does not exceed
the lower income limits applicable to Santa Clara County, as published and periodically
updated by the California Department of Housing and Community Development
pursuant to Section 50079.5 of the California Health and Safety Code.
Market rate unit. A housing unit or the legal lot for such unit offered on the open
market at the prevailing market rate for purchase or rental.
Moderate income household. A household whose household income does not
exceed one hundred twenty percent of the area median income Santa Clara County, as
published and periodically updated by the California Department of Housing and
Community Development pursuant to Section 50093 of the California Health and Safety
Code.
Pending project. A land use application that has been accepted by the Community
Development Department as complete before the effective date of this Ordinance shall
be processed in compliance with the requirements in effect when the application was
accepted as complete by the City.
Rental project. A residential project, or portion thereof, which is intended to be rented
to tenants upon completion.
Residential project. Any parcel map, subdivision map, conditional use permit, site and
architectural review permit, building permit, or other city approval, which authorizes 10
or more living units or residential lots, or living units and residential lots with 10 or more
in combination. In order to prevent evasion of the provisions of this Chapter,
contemporaneous construction of 10 or more living units on a lot, or on contiguous lots
for which there is evidence of common ownership or control, even though not covered
by the same City land use approval, shall also be considered a residential project.
Construction shall be considered contemporaneous for all units which do not have
completed final inspections for occupancy and which have outstanding, at anyone time,
anyone or more of the following: parcel map, subdivision map, or other discretionary
city land use approvals, or building permits, or applications for such an approval or
permits. A pending project shall not be considered a residential project under this
Chapter.
Very low income household. A household whose household income does not exceed
the very low income limits applicable to Santa Clara County, as published and
periodically updated by the State Department of Housing and Community Development
pursuant to Section 50105 of the California Health and Safety Code.
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21.24.040 - General Requirements
A. Percentage requirement. At least fifteen percent of all units in a residential project
shall be made available at affordable rents or affordable ownership cost as
prescribed in this Section and shall be approved and completed not later than the
times prescribed in Section 21.20.040, unless an alternative requirement is
approved as set forth in Section 21.24.060.
For fractions of units in residential projects, where the fraction is 0.5 or greater, the
owner of the property shall construct the next higher whole number of affordable
units, and where the fraction is 0.49 or less, the owner shall construct the next lower
whole number of affordable units.
B. Exceptions. For purposes of calculating the number of affordable units required by
this Section, any additional units authorized as a density bonus pursuant to Chapter
21.20 (Density Bonus and Affordable Housing Incentives) of this Code shall not be
counted in calculating the required number of affordable units. Additionally, the
Community Development Director may grant exceptions to the requirements of this
Chapter to residential projects located within the Redevelopment Project Area, upon
a finding that such exception is necessary to effective implementation of the
Redevelopment Plan, while maintaining overall compliance with affordable housing
production requirements set forth in Health and Safety Code Section 33413.
C. Location and design of affordable units. All affordable units shall be reasonably
dispersed throughout the project and shall be comparable to the design of the
market-rate units in terms of distribution of model types, number of bedrooms,
appearance, materials and finished quality of the market-rate units in the project.
There shall not be significant identifiable differences between affordable units and
market-rate dwelling units which are visible from the exterior of the dwelling units
and the size and design of the dwelling units shall be reasonably consistent with the
market-rate units in the development. Affordable units shall have the same access to
project amenities and recreational facilities as market rate units.
D. For-sale projects. Affordable units which are constructed in for-sale projects for
owner-occupancy shall be sold at affordable ownership cost to lower income
households and moderate income households.
E. Rental projects. The affordable units which are constructed in rental projects shall
be offered for rent at affordable rents to lower income households and very low
income households. Of these affordable units in rental projects, forty percent of the
required fifteen percent, or six percent of the total units in the residential project,
shall be offered at affordable rents exclusively to very low income households,
provided that where this requirement for very low income units would result in a
fraction of a very low income unit, the number of very low income units shall be
rounded up and the number of lower income units which need not be very low
income units shall be rounded down.
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F. Priority for rental or purchase of units. Preference in the rental or purchase of
affordable units shall be given, first (for up to ten percent of all affordable units
subject to this ordinance) to income eligible employees of the City of Campbell,
second to income eligible existing Campbell residents, and third to income eligible
persons employed within the city limits of the City of Campbell.
21.24.050 - Time Performance
A. An application for first approval of a residential project will not be deemed complete
until the applicant has submitted plans and proposals which demonstrate the manner
in which the applicant proposes to meet the requirements of this Chapter, including
any plans for the construction of on-site units pursuant to Section 21.24.040 or the
applicant's selection of an alternative means of compliance pursuant to Section
21.24.070.
B. Conditions to carry out the purposes of this Chapter shall be imposed on the first
approval for a residential project. Additional conditions may be imposed on later City
approvals or actions, including without limitation planned development permits,
tentative parcel maps, tentative subdivision maps, conditional use permits, site and
architectural review permits, or building permits. The conditions of approval included
with the first approval of the residential project shall further provide that prior to the
recordation of the parcel map or final map in the case of subdivisions and or prior to
the issuance of building permits in the case of all other land use permits to which this
Chapter applies, the applicant shall enter into an inclusionary housing agreement
acceptable to the Community Development Director that contains specific
requirements implementing the condition of approval including, but not limited to, as
applicable, the number of affordable units, the level(s) of afford ability, location and
type of affordable units, timing of construction of affordable units in relation to the
construction of the market rate units contained in the development, preferences
given in selecting occupants, and amount of the in-lieu fee, if any. The inclusionary
housing agreement may be amended by the parties, provided the amendment is
consistent with the condition of approval imposed as part of the first approval and
the then-existing City approvals. If said proposed amendment is minor or technical
in nature, the Community Development Director shall have authority to approve or
disapprove the amendment on behalf of the City. If said proposed amendment
makes a substantive or material change to the inclusionary housing agreement, said
amendment shall be effective only if, following notice and hearing and such other
procedures as may be required by law, approved by the City agency that gave the
first approval on the project.
C. No building permit shall be issued for any market rate unit until the applicant has
obtained permits for affordable units sufficient to meet the requirements of Section
21.24.040, or received approval of an alternative requirement of Section 21.24.070.
No final inspection for occupancy for any market rate unit shall be completed until
the applicant has constructed the affordable units required by section 21.24.040, or
completed corresponding alternative performance under Section 21.24.070. The
time requirements set forth in this subsection for issuance of building permits for
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market rate units and for final inspections for occupancy for market rate units may be
modified to accommodate phasing schedules, model variations, or other factors in a
residential project, if the City determines this will provide greater public benefit and
an inclusionary housing agreement acceptable to the Community Development
Director or the Community Development Director's designee pursuant to section
21.24.050 B so provides.
21.24.060 - Continued Affordability and City Review of Occupancy
A. Term of affordability - for-sale projects. A resale restriction, covenant, deed of
trust and/or other documents acceptable to the Community Development Director or
the Director's designee, shall be recorded against each affordable owner-occupied
unit. These documents shall, in the case of affordable units which are initially sold,
be for a term of 45 years and shall be renewed at the change of each title for a
period of 45 years. The resale restriction, or other documents authorized by this
subsection, and any change in the form of any such documents which materially
alters any policy in the documents, shall be approved by the Community
Development Director or his or her designee prior to being executed with respect to
any residential project.
B. Term of affordability - rental projects. A regulatory agreement, covenant, deed of
trust, and/or other documents acceptable to the Community Development Director or
the Director's designee, shall be recorded against each unit/complex for residential
projects containing affordable rental units. These documents shall, in the case of
affordable units which are rented, be for a term of 55 years and shall be renewed at
the change of each title for a period of 55 years. The regulatory agreement and other
documents authorized by this subsection, shall run with the property and not be
affected by the sale of the property or units in the project. The regulatory agreement
and other documents authorized by this subsection, and any change in the form of
any such document which materially alters any policy in the document, shall be
approved by the Community Development Director or his or her designee prior to
being executed with respect to any residential project.
C. Eligibility requirements. No household shall be permitted to begin occupancy of a
affordable unit unless the City or its designee has approved the household's
eligibility. If the City or its designee maintains a list of, or otherwise identifies, eligible
households, initial and subsequent occupants of affordable units shall be selected
first from the list of identified households, to the maximum extent possible, in
accordance with rules approved by the Community Development Director or his or
her designee.
21.24.070 - Alternatives
An applicant may elect, in lieu of building affordable units within a residential project, to
satisfy the requirements of this Chapter by one of the following alternative modes of
compliance, provided that the applicant includes such election in its application for the
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first approval of the residential project and that the criteria stated in the relevant
subsection below are satisfied.
A. Rental units in for-sale projects. Where owner-occupied affordable units are
required by Section 21.24.040, instead construct as part of the residential project the
same or a greater number of rental units, affordable to lower income households and
very low income households in the proportions and at the rents as prescribed in
Section 21.24.040 E. Substitution of rental units shall be allowed under this
subsection only if either: (1) the rental units are at least equal in number of
bedrooms to the owner-occupancy units which would have been allowed, or (2) any
comparative deficiency in bedrooms is compensated for by additional units and/or
affordability to households with lower incomes.
8. Off-site construction. Construct, or make possible construction by another
developer of, units not physically contiguous to the market-rate units (or units that
are physically contiguous to the market-rate units if the city determines this will
provide greater public benefit and if an inclusionary housing agreement acceptable
to the Community Development Director or his or her designee pursuant to Section
21.24.050 B so provides) and equal or greater in number to the number of affordable
units required under Section 21.24.040. Off-site construction pursuant to this
subsection shall be approved only if:
(1) Approval has been secured for the off-site units not later than the time the residential
project is approved and completion of the off-site units is secured by a requirement
that final inspections for occupancy for the related market-rate units be completed
after those for the affordable units, provided that the time requirements set forth in
this subsection for final inspections for occupancy for market-rate units may be
modified to accommodate phasing schedules, model variations, financing
requirements, or other factors in a residential project for the off-site units, if the city
determines this will provide greater public benefit, and if an inclusionary housing
agreement acceptable to the Community Development Director or his or her
designee pursuant to section 21.24.050 B so provides;
(2) The off-site units will be greater in number, larger or affordable to households with
lower incomes than would otherwise be required in section 21.24.040;
(3) Financing or a viable financing plan is in place for the off-site units;
(4) In the event the off-site units receive any public assistance, the developer of the
residential project will contribute to the off-site units economic value equivalent to the
value of making on-site units in the developer's residential project affordable; and
(5) The city may require that completion of off-site units shall be further secured by the
developer's agreement to pay an in-lieu fee in the amount due under subsection (D)
in the event the off-site units are not timely completed.
C. Land dedication. Dedicate without cost to the city, a lot or lots within or contiguous
to the residential project, sufficient to accommodate at least the required affordable
units for the residential project. An election to dedicate land in lieu of compliance
with other provisions of this Chapter shall be allowed only if:
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(1) The value of the lot or lots to be dedicated is sufficient to make development of the
otherwise required affordable units economically feasible, and financing or a viable
financing plan is in place for at least the required number of affordable units; and
(2) The lot or lots are suitable for construction of affordable housing at a feasible cost,
served by utilities, streets and other infrastructure, there are no hazardous material
or other material constraints on development of affordable housing on the lot or lots,
and land use approvals have been obtained as necessary for the development of the
affordable units on the lot or lots.
D. In-lieu housing fee. Where a residential project has an approved density of six or
fewer units per acre, the applicant may elect to pay an in-lieu housing fee, instead of
developing the affordable units required in Section 21.24.040, pursuant to the
requirements set forth below in this subsection.
(1) The initial in-lieu fee schedule shall be set by City Council fee resolution or other
action of the City Council so that the fee amounts are not greater than the difference
between: (a) the amount of a conventional permanent loan that an inclusionary unit
would support based on the affordable rent or sales price for the required
inclusionary unit; and (b) the estimated total development cost of prototypical
inclusionary units.
(2) The City Council may annually review the fees authorized by this subsection
21.24.070 D by resolution, and may, based on that review, adjust the fee amount.
For any annual period during which the City Council does not review the fee
authorized by this subsection, fee amounts shall be adjusted once by the
Community Development Director or his or her designee based on the construction
cost index.
(3) In-lieu fees shall be calculated based on the fee schedule in effect at the time the fee
is paid. In lieu fees shall be paid prior to issuance of building permits for market-rate
units in a residential project. If building permits are issued for only part of a
residential project, the fee amount shall be based only on the number of units then
permitted. Where payment is delayed, in the event of default or for any other
reason, the amount of the in-lieu fee payable under this subsection 21.24.070 D
shall be based upon the fee schedule in effect at the time the fee is paid.
21.24.080 - Use of In-Lieu Housing Fees
A. All in-lieu fees collected under this Chapter shall be deposited into a separate
account to be designated the City of Campbell Housing Trust Fund.
B. The in-lieu fees collected under this Chapter and all earnings from investment of the
fees shall be expended exclusively to provide or assure continued provision of
affordable housing in the City through acquisition, construction, development
assistance, rehabilitation, financing, rent subsidies or other methods, and for costs of
administering programs which serve those ends. The housing shall be of a type, or
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made affordable at a cost or rent, for which there is a need in the City and which is
not adequately supplied in the City by private housing development in the absence
of public assistance.
21.24.090 - Waiver of requirements
Notwithstanding any other provision of this Chapter, the requirements of this Chapter
shall be waived, adjusted or reduced if the applicant shows that that there is no
reasonable relationship between the impact of a proposed residential project and the
requirements of this Chapter, or that applying the requirements of this Chapter would
take property in violation of the United States or California Constitution or otherwise
result in an unconstitutional application of this Chapter. To receive a waiver, adjustment
or reduction under this Section 21.24.090, the applicant must file a written request
together with the development application (s) when applying for a first approval for the
residential project, and/or as part of any appeal which the City provides as part of the
process for the first approval. The written request shall provide substantial evidence
showing that there is no reasonable relationship between the impact of a proposed
residential project and the requirements of this Chapter, or that applying the
requirements of this Chapter would take property in violation of the United States or
California Constitution or otherwise result in an unconstitutional application of this
Chapter. The City may assume that: (i) the applicant will provide the most economical
inclusionary units feasible meeting the requirements of this Chapter; and (ii) the
applicant is likely to obtain housing subsidies when such funds are reasonably
available. The waiver, adjustment, or reduction may be approved only to the extent
necessary to avoid an unconstitutional result, after adoption of written findings, based
on substantial evidence, supporting the determinations required by this section.
21.24.100 - Enforcement
A. The city council may adopt guidelines, by resolution, to assist in the implementation
of all aspects of this Chapter.
B. No permit, license, subdivision approval or map, or other approval or entitlement for
a residential project shall be issued, including without limitation a final inspection for
occupancy or certificate of occupancy, until all requirements applicable to the
residential project at such time pursuant to this Chapter have been satisfied.
C. The City Attorney shall be authorized to enforce the provisions of this Chapter and
all inclusionary housing agreements, regulatory agreements, resale controls, deeds
of trust, or similar documents placed on affordable units, by civil action and any other
proceeding or method permitted by law.
D. Failure of any official or agency to fulfill the requirements of this Chapter shall not
excuse any applicant or owner from the requirements of this Chapter.
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10
E. The remedies provided for herein 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.
103\06\3428] 6.5
103\06\342816.5
11