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

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method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower and moderate income households. 2. The waiver would have an adverse impact on a real property that is listed in the California Register of Historical Resources with no feasible method to satisfactorily avoid or mitigate. 3. The development standard for which a waiver is requested would not physically preclude the construction of the housing development with the density bonus and incentives or would otherwise be contrary to State or Federal law. H. Affordability and development standards. All Affordable Housing Units must comply with the standards specified in Section 29.6 (Standards for Affordable Housing). I. Commercial Density Bonus 1. A "commercial density bonus" is a modification of development standards mutually agreed upon by the City and an applicant for a nonresidential development project that is eligible for such a bonus under Government Code 65915.7. Examples of a commercial density bonus include an increase in floor area ratio, increased building height, or reduced parking. 2. Developer shall enter into an Affordable Housing Plan and Agreement with the City that meet the requirements of Section 29.7 (Affordable Housing Plan and Agreement) that demonstrates how the developer intends to provide the affordable housing required to qualify for a commercial density bonus under Government Code 65915.7. An Affordable Housing Plan and Agreement under this section may take the form of a "partnered housing agreement." For purposes of this section, a partnered housing agreement is an agreement between the developer, the City, and a third -party housing developer who will provide the affordable units on behalf of the developer. 3. Any approved housing agreement for a commercial density bonus shall be described in the City's housing element annual report as required by Government Code Section 65915.7(k) and shall require the following: a. At least 30 percent of the total units in the housing development project shall be made available at affordable ownership cost or affordable rent for low-income households, or at least 15 percent of the total units in the housing development project shall be made available at affordable ownership cost or affordable rent for very low-income households. b. The nonresidential development project developer must agree either to directly build the affordable units; donate a site consistent with Section 32.19.I.4 for the affordable units; or make a cash payment to the housing developer for the affordable units. 4. Housing site. Housing development shall be at the same site as the nonresidential development project or on a site within the City that is within a quarter -mile of the site, or within one-half mile of a major transit stop and is located in close proximity to public amenities, including schools and employment centers. 5. Eligibility for State Density Bonus. The housing development project shall remain eligible for any State Density Bonus, incentives, concessions, waivers, or parking modifications the housing development project would otherwise be eligible for and that are provided by this Section 32.19. ATTY/RESO.0032/PC RESO RECOMMENDING COUNCIL TO ADOPT ARTICLE 29 AFFORDABLE HOUSING REV: 05-07-18 PR Page 18 of 18