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

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3. The number of bedrooms in the affordable units shall be comparable to the average number of bedrooms in the market -rate units, include comparable square feet by unit size and the affordable units shall be reasonably dispersed within the residential development, with unit locations comparable to those of the market -rate units, subject to review and approval by the community development director. 4. The affordable units shall have access to the same amenities as the market rate units included within the affordable ownership cost or affordable rent for the affordable unit. For example, residents of the affordable units shall not be excluded from common open space, parking, storage, and other community facilities or amenities in the residential development project, nor shall households residing in affordable units be charged more than an affordable rent or an affordable ownership cost as defined in Section 29.2 (Definitions) for the use of such facilities and amenities. B. Availability for Occupancy. Affordable units required by this Article shall be made available for occupancy concurrently with the market -rate units. For the purposes of this subsection, "concurrently" means that the City may not issue building permits for more than 50 percent of the market -rate units until it has issued building permits for all of the affordable units, and the City may not approve any final inspections or certificates of occupancy for more than 50 percent of the market -rate units until it has issued final inspections or certificates of occupancy for all of the affordable units. C. Duration of Affordability. Affordable units for sale produced as required by this Article shall be legally restricted to occupancy by households of the income levels for which the units were designated at an affordable ownership cost for a period of at least 30 years. Affordable units for rent produced as required by this Article shall be legally restricted to occupancy by households of the income levels for which the units were designated at an affordable rent for a period of at least 55 years. The legal restrictions requiring affordable units shall be recorded against the applicable property in the form specified in Section 29.7.F. D. Eligibility. No household may occupy an affordable unit until the household has been determined to be eligible to occupy that unit by the Community Development Director. E. Principal Residence. Any household that occupies an affordable unit must occupy that unit as its principal residence, unless otherwise approved in writing for rental to a third party for a limited period of time due to household hardship, as determined and approved by the City in advance. F. Guidelines. The Community Development Director may from time to time adopt guidelines for determining household income and affordable housing cost, determining buyer eligibility, monitoring, and relevant administrative provisions. G. Conflict of Interest. Officials, employees, or consultants of the City and members of City boards and commissions shall comply with all applicable laws, regulations, and policies relating to conflicts of interest as to their eligibility to develop, construct, sell, rent, lease, occupy, or purchase an affordable unit. 29.7 Affordable Housing Plan and Agreement A. Required. An "affordable housing plan" is required for any residential or nonresidential development project that provides affordable units, either on-site or off-site. The affordable ATTY/RESO.0032/PC RESO RECOMMENDING COUNCIL TO ADOPT ARTICLE 29 AFFORDABLE HOUSING REV: 05-07-18 PR Page 8 of 18