Reso PC18-08 0032 Reso Recommending Council To Adopt Article 29 Affordable Housing FINAL

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2. The proposed location is suitable for the proposed affordable housing, is consistent with the Housing Element, general plan, and zoning, and will not tend to cause residential segregation. D. Other Alternatives. The City may consider an alternative mitigation program proposed by the developer and the Community Development Director, such as the provision of off-site affordable units, donation of land for the construction of affordable units, or purchase of existing units for conversion to affordable units. E. Agreement with City for Financing. If the City enters into a financing agreement with the applicant, the parties may agree to alter the requirements of Section 29.6 (Standards for Affordable Housing). F. Significant Number of Affordable Units. If an applicant exceeds the maximum percentage of affordable units set forth in the state density bonus law for low or very low income rental or moderate income ownership units, the City will consider an applicant's request to alter the requirements of Section 29.6 (Standards for Affordable Housing) in conjunction with its review of the planning application for the project and may reject or accept the request in its sole discretion. 29.9 Waiver of Requirements A. Timing of Request. A developer may apply for a reduction, adjustment, or waiver of the requirements of this Article as part of an application for the first approval of a planning or building permit for a residential development project. B. Application Requirements. The developer must show that applying the requirements of this Article would result in an unconstitutional taking of property or would result in any other unconstitutional result. The developer shall set forth in detail the factual and legal basis for the claim, including all supporting technical documentation, and shall bear the burden of presenting the requisite evidence to demonstrate the alleged unconstitutional result. C. City Assumptions. The City may assume each of the following when applicable: 1. The developer will benefit from the incentives set forth in State Density Bonus Law and the municipal code; and 2. The developer will be obligated to provide the most economical affordable housing units feasible in terms of financing, construction, design, location and tenure. D. Decision. The review authority, based upon legal advice provided by or at the behest of the City Attorney, may approve a reduction, adjustment, or waiver of the requirements of this Article if the review authority determines that applying the requirements of this Article would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property. The reduction, adjustment, or waiver may be approved only to the extent necessary to avoid an unconstitutional result after adoption of written findings, based on legal analysis and the evidence. E. Changes to the Project. If a reduction, adjustment, or waiver is granted, any change in the residential development project shall invalidate the reduction, adjustment, or waiver, and a new application shall be required for a reduction, adjustment, or waiver per this section. ATTY/RESO.0032/PC RESO RECOMMENDING COUNCIL TO ADOPT ARTICLE 29 AFFORDABLE HOUSING REV: 05-07-18 PR Page 11 of 18