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

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29.4 Requirements for Inclusion of Affordable Housing A. Number of Affordable Units and Level of Affordability. The number of affordable units must be constructed as specified below unless an alternative is approved per Section 29.6 (Alternatives). For the purposes of this section, "total units" does not include units awarded above the otherwise -allowable maximum density as part of a density bonus in Section 32.19 (Affordable Housing Density Bonuses). 1. Rental Projects - Rental residential development projects shall provide twenty percent (20%) of units affordable to moderate income households or fifteen percent (15%) of units affordable to low income households or twelve percent (12%) of units affordable to very low income households. Alternative percentages and levels of affordability may be considered as part of the Affordable Housing Plan and Agreement (Section 29.7) and the review authority may approve or conditionally approve such an alternative if it determines, based on substantial evidence, that such alternative percentages and levels of affordability will provide as many or more affordable units at the same or lower income levels or will otherwise provide greater public benefit than the standard requirement. 2. Ownership Projects -Fifteen percent (15%) of the proposed units shall be affordable to moderate income households. 3. Fractional Units. In calculating the number of affordable units required, any fraction of a whole number shall be satisfied by either developing one additional affordable unit or by paying an affordable housing in -lieu fee. B. Density Bonus. Affordable units that satisfy the requirements of this chapter may be counted toward the number of affordable units required for a density bonus under California Government Code Sections 65915 through 65918. To be eligible, the affordable units shall meet all of the applicable requirements in California Government Code Section 65915. These requirements, including application submittal requirements and replacement housing obligations are summarized in Section 32.19 (Affordable Housing Density Bonuses). C. Affordable Housing In -Lieu Fee. The affordable housing in -lieu fee for fractional units shall be established by resolution of the City Council and updated from time to time. Affordable housing in -lieu fees shall not exceed the fractional cost of providing an affordable unit. 29.5 Payment of a Housing Impact Fee A. Amount. The amount of the housing impact fee shall be established from time to time by resolution of the City Council. Housing impact fees shall not exceed the cost of mitigating the impact of nonresidential and residential development projects on the need for affordable housing in the City. B. Timing of Pavment. Payment of the residential and nonresidential development project housing impact fees shall be due prior to the issuance of the first building permit for the development. The fees shall be calculated based on the fee schedule in effect at the time the building permit is issued. C. ExenlDtions. The housing impact fee shall not apply to developers of residential or nonresidential development projects which fall within one or more of the following categories: ATTY/RESO.0032/PC RESO RECOMMENDING COUNCIL TO ADOPT ARTICLE 29 AFFORDABLE HOUSING REV: 05-07-18 PR Page 6 of 18