19.12.160 Exemption or reduction for low-income housing.
A. Public housing agencies or private non-profit housing developers participating in publicly-sponsored or subsidized housing programs may apply for exemptions from the impact fee requirements. The director shall review proposed developments of low-income housing by such public or non-profit developers pursuant to criteria and procedures adopted by administrative rule. If the director determines that a proposed development of low-income housing satisfies the adopted criteria, such development shall be exempted from the requirement to pay an impact fee.
B. Private developers who dedicate residential units for occupancy by low-income households may apply to the director for reductions in impact fees. If the director determines that the developer’s program for low-income occupancy of housing units satisfy the adopted criteria, the director shall reduce the calculated impact fee for the development so that the developer does not pay an impact fee for those units dedicated for low-income household occupancy.
C. The amount of the impact fee not collected from low-income development shall be paid from public funds other than impact fee accounts.
D. The director is hereby instructed and authorized to adopt administrative rules to implement this section. Such rules shall provide for the administration of this program and shall:
1. Encourage the construction of housing for low-income households by public housing agencies or private nonprofit housing developers participating in publicly sponsored or subsidized housing programs;
2. Encourage the construction in private developments of housing units for low-income households that are in addition to units required by another housing program or development condition;
3. Ensure that housing that qualifies as “low-income” meets appropriate standards regarding household income, rent levels or sale prices, location, number of units and development size;
4. Ensure that developers who obtain an exemption from or reduction from impact fees will in fact build the proposed low-income housing and make it available to low-income households for a minimum of 15 years;
5. Implement an exemption plan whereby payment of the impact fee is deferred for low-income housing and forgiven over a 15-year period. (Ord. 828 § 17, 1999).