San Jose Ca.Gov
File #: 22-269    Version: 1
Type: Community & Economic Development Status: Agenda Ready
File created: 2/22/2022 In control: City Council
On agenda: 3/8/2022 Final action:
Title: Actions Related to Implementation and Amendment of the Commercial Linkage Fee Ordinance.
Attachments: 1. Memorandum, 2. Supplemental Memorandum, 3/7/2022, 3. Memorandum from Cohen, Jimenez & Carrasco, 3/4/2022, 4. Memorandum from Liccardo, 3/8/2022, 5. Memorandum from Davis, 3/8/2022, 6. Ordinance, 7. Resolution, 8. Presentation, 9. Letters from the Public

...Title

Actions Related to Implementation and Amendment of the Commercial Linkage Fee Ordinance.

...Recommendations

(a) Approve an ordinance amending Chapter 5.11 of Title 5 of the San José Municipal Code, Commercial Linkage Fee to:

 (1) Modify the payment timing to building permit and scheduling of final building inspection; and

 (2) Add credits for constructing new affordable housing units or restricting market rate units as affordable housing and associated definitions.

(b) Adopt a resolution amending the 2021-2022 Schedule of Fees and Charges (Resolution No. 72737, as amended) to add the Commercial Linkage Fee and make certain changes thereto superseding Resolution No. 79705 to:

 (1) Modify options for payment to provide a deferred payment option for Office and Industrial / research and development projects of 100,000 square feet or more including installments after the scheduling of the final building inspection;

 (2) Provide a 20% discount to the fee amount when the fee is paid full at or prior to building permit issuance;

 (3) Add the credit for constructing or restricting new affordable housing units; and

 (4) Increase the maximum square footage for exemption of non-residential office buildings to 50,000 square feet.

(c) Direct staff to return in the fall of 2027 with a comprehensive review of the program including the amount of fees collected and an analysis of the effectiveness of the deferred payment option.

CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action; and File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Housing/ Economic Development and Cultural Affairs/Planning, Building and Code Enforcement)