Chapter 30.76
LOW-INCOME HOUSING - PRIORITY PERMIT PROCESSING

Sections:

30.76.010    Purpose and applicability.

30.76.020    Projects eligible for priority permit processing.

30.76.030    Permits subject to priority processing.

30.76.040    Application for certificate of eligibility.

30.76.050    Low-income housing preservation agreements.

30.76.060    Priority permit processing procedure.

30.76.010 Purpose and applicability.

The purpose of this chapter is to give priority to eligible low-income housing projects in the permit review process. Public housing authorities and nonprofit housing organizations shall be eligible to receive priority permit processing in accordance with this chapter.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.76.020 Projects eligible for priority permit processing.

(1) The following types of projects requiring a building permit or a land use approval and a building permit shall be eligible for priority permit processing:

(a) Low-income housing projects in which 100 percent of units are low-income housing;

(b) Projects in which 100 percent of units are low-income housing which provide housing and/or pad space for displaced mobile home owner households whose gross income (when adjusted for household size) is at or below 80 percent of the area median as adjusted annually by the U.S. Department of Housing and Urban Development;

(c) Projects in which 100 percent of units are low-income housing which provide publicly subsidized lease/purchase housing to households whose gross income (when adjusted for household size) is at or below 80 percent of the area median as adjusted annually by the U.S. Department of Housing and Urban Development;

(d) Mixed-use residential projects in which at least 50 percent of the buildings’ floor space or at least 50 percent of the total number of units, whichever produces the greater number of units for low-income households, is devoted to providing low-income housing; and (e) Mixed-income subdivisions or projects in which at least 50 percent of the total number of housing units are devoted to providing low-income housing.

(2) For all projects meeting the eligibility criteria of subsection (1), the housing expense for low-income renter households shall be no greater than 30 percent of the target population household’s gross income and the housing expense for low-income first-time home buyer households shall be no greater than 30 percent of the respective home buyer household’s gross income.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.76.030 Permits subject to priority processing.

(1) Eligible applicants may apply for priority permit processing for all department and department of public works’ permits, approvals, and reviews necessary for completion of the eligible project.

(2) Priority permit processing does not include any public hearing, hearing examiner or county council processes associated with any of the permits, approvals, or reviews.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.76.040 Application for certificate of eligibility.

(1) Applications for a certificate of eligibility shall be submitted on a form provided by the department. The department shall review the application in accordance with this chapter and determine whether the proposed low-income housing project is eligible for priority permit processing.

(2) If determined eligible, the applicant shall execute a low-income housing preservation agreement, in a form provided with the department and consistent with SCC 30.76.050, unless the director determines the agreement is unnecessary because the eligible project is subject to other local, state, or federal requirements that accomplish the purposes of the agreement.

(3) Following execution of the agreement, the director shall issue a certificate of eligibility which will authorize and require departments to provide priority permit processing.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.76.050 Low-income housing preservation agreements.

(1) Low-income housing preservation agreements submitted in accordance with SCC 30.76.040 shall require that deed restrictions be recorded against the property upon which the proposed low-income housing project is to be built which require that the property be retained as low-income housing for a period of not less than 15 consecutive years beginning on the day the preservation agreement is executed by the director. The agreement shall also include a provision by which the applicant agrees that the initial value to the applicant of the priority permit processing benefit provided by the county is at least one percent of the estimated value of the improvements for which permits are sought, as determined by the director. A low-income housing preservation agreement shall be accompanied by deeds of trust or other securities that secure the county’s interest in the agreement. A preservation agreement shall be executed by the director pursuant to SCC 30.76.040(2) only after the director determines the county’s interest in the agreement is adequately secured.

(2) A low-income housing preservation agreement shall include provisions addressing default and termination which require, in the event of default or premature termination of an agreement, that the owner pay the county an amount as liquidated damages which equals the initial value to the applicant of the priority permit processing benefit multiplied by the percentage increase or decrease in the shelter component of the Seattle-Tacoma area consumer price index for urban workers (CPI-U) as compiled by the U.S. Bureau of Labor Statistics for the years and fractions thereof from the date of execution of the agreement through the date of recording of a notice of termination.

(3) Any and all liquidated damages received by the county shall be paid into the housing trust fund established by chapter 4.68 SCC in order to fund replacement low-income housing.

(4) In the event an agreement is terminated prior to the expiration of its term either due to default or mutual agreement, a notice of termination shall be filed of record by the director only after liquidated damages owed to the county, if any, have been paid. The notice of termination shall remove the encumbrance of the agreement from the property upon which the low-income housing project is situated.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.76.060 Priority permit processing procedure.

All applicable departments shall review and process permits for which certificates of eligibility have been issued in the most expeditious manner allowable under state law and county ordinance. Priority permit processing shall begin on the next working day following receipt by the department of a certificate of eligibility. Applicable departments shall process the permit applications ahead of all permit applications not accompanied by a certificate of eligibility. Whenever possible, applications for multiple permits for a single low-income housing project shall be processed on a concurrently.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)