§ 22.22.100. Non-Residential and Mixed Use Affordable Housing Standards.

Developments with no residential component are required to pay a Jobs/Housing linkage fee. Mixed use developments proposing residential rental units are required to pay a Jobs/Housing linkage fee for the non-residential component and a Rental Housing Impact Fee for the residential component. Mixed use developments proposing residential units which can be sold separately shall comply with the applicable provision of Sections 22.22.020.C through E (Applicability). Mixed use development shall also provide new affordable units for the non-residential component consistent with Table 3-4c rather than payment of a Jobs/Housing Linkage Fee. All required affordable housing units shall comply with Section 22.22.080 (General Affordable Housing Standards).

A.

Non-residential development. The Jobs/Housing linkage fees for all non-residential development shall be determined based on the development type and floor area of the development; see Table 3-4b below. Alternatively, an applicant for a non-residential development may propose to provide the number of new affordable units required by Table 3-4c. All affordable housing units shall comply with Section 22.22.080 (General Affordable Housing Standards).

TABLE 3-4b
AFFORDABLE HOUSING FEES FOR NON-RESIDENTIAL DEVELOPMENT
(Per square foot of floor area unless noted otherwise)

Development Type	Fee per square foot
Manufacturing/Light Industry/Assembly	$3.74
Office /Research and Development	$7.19
Warehouse	$1.94
Hotel/Motel	$1,745.00 per room
Retail/Restaurant	$5.40
Residential Care Facility	$18.00
Medical—Extended Care	$21.00
Other types of non-residential development	Applicant to provide information and statistics on new jobs generated by the use of the development.

 

 For purposes of this Chapter, the floor area excludes all areas permanently allocated for vehicle parking, unless such areas are used for commercial or industrial purposes.

 Office uses include those associated with professional, business, and medical services.

 Accessory uses, such as retail, restaurant, and meeting facilities within a hotel shall be subject to requirements for a retail use.

 This base fee, established in 2016, increases annually pursuant to Board of Supervisors Resolution 2016-122.

B.

Mixed use development. Mixed use developments are subject to both the non-residential and residential affordable housing requirements. The residential inclusionary requirement shall be calculated consistent with the applicable Section 22.22.090 (Inclusionary Housing Standards—Lot Creation) and the non-residential inclusionary requirement shall be calculated consistent with Section 22.22.100.A (Non-residential development) above, except as described in this section. These requirements shall be combined to produce the total affordable unit and fee requirement.

1.

Mixed use development with ownership housing. Where a mixed use development is proposed and the proposed residences can be sold separately, affordable housing units shall be provided for the non-residential development rather than payment of a linkage fee.

a.

The number of affordable units required for non-residential development shall be established by multiplying the floor area of the development times the development type in Table 3-4c below. Other types of non-residential development shall provide housing for 25% of the income qualifying employee households associated with the new non-residential development.

b.

Where the required unit calculation results in any decimal fraction less than or equal to 0.50, the project applicant shall pay a fee proportional to the decimal fraction in compliance with Table 3-4b. Any decimal fraction greater than 0.50 shall be interpreted as requiring one additional dwelling unit.

TABLE 3-4c
NUMBER OF NEW AFFORDABLE HOUSING UNITS REQUIRED FOR NEW NON-RESIDENTIAL DEVELOPMENT

Development Type	Number of required Affordable Housing Units per square foot of floor area
Manufacturing/Light Industry/Assembly	0.000045
Office /Research and Development	0.000085
Warehouse	0.000023
Hotel/Motel	0.000020
Retail/Restaurant	0.000058

 

 Developments are required to provide 25% of the housing need generated by a non-residential development. For purposes of this Chapter, the floor area excludes all areas permanently allocated for residential vehicle parking, unless such areas are used for commercial or industrial purposes.

 Office uses include those associated with professional, business, and medical services.

 Accessory uses, such as retail, restaurant, and meeting facilities within a hotel shall be subject to requirements for a retail use.

2.

Housing Provisions. Affordable housing units provided under this Section shall comply with the Section 22.22.080 (General Affordable Housing Standards).

(Ord. No. 3577, 2012; Ord. No. 3602, § II(exh. A), 2013; Ord. No. 3666 , § II(exh. A), 2017)