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Commission approves adding AHI enforcement fines to zoning code
Summary
The Planning Commission voted to forward a text amendment that places specific fines for Affordable Housing Incentives covenant violations into the zoning code: $100/day for units rented above approved affordable rents, $500/day for short-term rental violations and $100/day for other covenant violations.
The Planning Commission voted to forward a city-initiated text amendment to City Council that places specific fines for violations of Affordable Housing Incentives (AHI) restrictive covenants directly into the zoning code.
Staff explained the change is a clarification and clean-up: the consolidated fee schedule cannot legally list fines as fees, so the proposed text amendment would add three per‑day fines to the zoning code. The proposed fines are $100 per day for any AHI-designated unit rented in excess of the agreed affordable rental rate (plus the difference between the market rate and approved rental rate), $500 per day for using an AHI unit as a short-term rental, and $100 per day per day for other restrictive covenant violations.
Staff said the AHI program enforces affordability obligations through restrictive covenants recorded against properties and that placing fines in the code improves transparency for staff, applicants and residents. The commission moved and voted to forward the amendment; the motion passed and will be transmitted to City Council for adoption.
What’s next: City Council will consider codifying the fines to ensure the AHI program has a clear enforcement mechanism spelled out in zoning code.
