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

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housing plan shall describe how the proposed units conform to the requirements of this Article and City and State Density Bonus law requirements, as applicable. Affordable housing plans are not required if the developer is only paying an affordable housing impact fee, in compliance with City requirements. B. Submittal and Review. The affordable housing plan must be submitted prior to the first planning permit application being deemed complete. The affordable housing plan shall be processed concurrently with all other permits required for the residential or nonresidential development project. C. Approval of On-site Affordable Units. The review authority may approve or conditionally approve an affordable housing plan that proposes affordable units if it makes findings, based on substantial evidence, that: 1. The proposed affordable units comply with the applicable standards in this Article, including, without limitation, the requirement that the affordable units be made available for occupancy concurrently with the market -rate units. 2. The affordable units will mitigate the impact of the project on the need for affordable housing if the units are being provided under the Affordable Housing Impact Fee program. D. Approval of Off -Site BMR units. If a developer proposes off-site affordable housing units or any other alternative in the affordable housing plan, the review authority may approve such a proposal if it is able to make the above findings in section C (Approval of On -Site BMR Units) and the proposal meets all of the following conditions: 1. Financing or a viable financing plan, which may include public funding sources, is in place for the proposed affordable housing units; and 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. E. Amendments. The approved affordable housing plan may be amended prior to issuance of any building permit for the residential or nonresidential development project. A request for a minor modification of an approved affordable housing plan may be granted by the Community Development Director if the modification is substantially in compliance with the original affordable housing plan and conditions of approval. Other modifications to the affordable housing plan shall be processed in the same manner as the original plan. F. Agreements. As a condition of approval, affordable housing agreements acceptable to the Community Development Director shall be recorded against the residential or nonresidential development project prior to approval of any final or parcel map, or issuance of any building permit, whichever occurs first. The affordable housing agreement shall specify the number, type, location, size, and phasing of all affordable units, provisions for income certification and screening of potential purchasers or renters of units, and resale control mechanisms, including the financing of ongoing administrative and monitoring costs, consistent with the approved affordable housing plan, as determined by the Community Development Director. The affordable housing agreement shall be released from the property upon satisfaction of the affordable housing plan requirements and the recordation against the property of a of a resale restriction, deed of trust, or regulatory agreement, as applicable, in a form approved ATTY/RESO.0032/PC RESO RECOMMENDING COUNCIL TO ADOPT ARTICLE 29 AFFORDABLE HOUSING REV: 05-07-18 PR Page 9 of 18