Chapter 16.70


16.70.010    Purpose.

16.70.020    Definitions.

16.70.030    Studio apartment unit fee reduction program.

16.70.040    Standards for the reduction of impact fees.

16.70.050    Appeal procedure.

16.70.010 Purpose.

A.    The purpose of this chapter is to further the policies, goals and programs of the housing element of the city’s general plan and to help facilitate the development of affordable and senior housing within the city. Specifically, Program 19m of the housing element provides that the city will revise its ordinances to allow two studio apartments to be counted as one unit for purposes of paying development impact fees.

B.    The city council finds that providing a variety of housing options to people of all income levels is socially and economically beneficial to the city and its residents. Providing alternative housing options will help enable young adults, seniors and other people of limited means to live and work in the city of Folsom, thereby reducing transportation and air quality impacts and furthering a jobs-housing balance within the community.

C.    The city council of the city of Folsom further desires to encourage the construction of residential projects, which will provide units with affordable rents or affordable housing costs for low and very low income households in the city of Folsom. The city council finds that the payment of certain impact fees for residential development may create a barrier to such development and desires, by the adoption of this chapter, to ease such barrier by reducing the payment of certain impact fees for studio apartment units. The city council finds that this fee reduction program is consistent with the policies and goals of the housing element of the general plan of the city of Folsom and necessary for the health and welfare of the city’s residents. (Ord. 1027 § 1 (part), 2005)

16.70.020 Definitions.

A.    “Applicant” means the owner or owners of record of the real property and/or developers of real property for which a fee reduction is sought pursuant to this chapter.

B.    “Director” means the director of the community development department or his or her designee.

C.    “Impact fees” refers to city fees imposed for the purpose of defraying all or a portion of the cost of public facilities related to a development project as required by code, ordinance, resolution or other law to be paid as a condition of, or prerequisite to, development of residential uses, as those codes, ordinances, resolutions or other laws may be amended from time to time.

D.    “Multifamily residential project” means a residential development project with units in duplex, halfplex, or greater intensity that is proposed for construction on land planned or zoned for other than single-family residential.

E.    “Studio apartment unit” means a single, one-room residential apartment unit without a separate bedroom in which the total interior square footage does not exceed six hundred thirty square feet. (Ord. 1027 § 1 (part), 2005)

16.70.030 Studio apartment unit fee reduction program.

A.    An applicant with a multifamily residential project may file an application with the community development department to request a reduction in impact fees applicable to the studio apartment units in the multifamily residential project. The application shall be in a form approved by the director and shall be filed at the same time as any applications for all required discretionary development approvals and entitlements. The application shall specify the size, number and location of all units in the multifamily residential project, including the studio apartment units and any other data and information which may be deemed necessary by the director for proper consideration of the application.

B.    The director shall review the request and approve it if all the requirements of this chapter are met. The director shall advise the developer, in writing, whether the request is granted or denied, no later than the date the project is to be reviewed or acted upon by the planning commission.

C.    Any reduction in impact fees shall conform with the provisions of Section 16.70.040.

D.    Only impact fees imposed by the city may be approved for reduction. All impact fees imposed by other entities or agencies shall be paid in accordance with applicable statutes, resolutions, ordinances, and regulations. (Ord. 1027 § 1 (part), 2005)

16.70.040 Standards for the reduction of impact fees.

A.    Studio apartment units that are approved for a reduction in impact fees shall be required to pay fifty percent of the impact fees otherwise applicable to the unit. Impact fees shall be paid at the time and in the manner required by applicable city ordinances or resolutions.

B.    A reduction in impact fees shall only be approved for up to thirty-five percent of the total number of units within a multifamily residential project. (Ord. 1027 § 1 (part), 2005)

16.70.050 Appeal procedure.

A.    A denial of a request pursuant to this section may be appealed to the city manager or designee as provided in this code.

B.    No official action such as the issuance of a building permit, license or other type of permit shall be taken while an appeal is pending. (Ord. 1027 § 1 (part), 2005)