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ATTY/ORD/2018/ORD.469/ADOPTING ARTICLE 29 & AMENDING SECTION 32.19 <br />REV: 05-15-18 PR <br />Page 7 of 28 <br />29.3 Applicability The requirements of this Article 29 apply to new nonresidential development projects and residential development projects as set forth below. A. Housing Impact Fee. A housing impact fee is imposed on all developers of nonresidential development projects and residential development projects between 5 to 19 units, subject to the exemptions in Section 29.5 (Payment of a Housing Impact Fee). B. On-Site Construction of Affordable Housing. Residential development projects of 20 units or more (excluding accessory dwelling units) are required to construct affordable units on site per Section 29.4 (Requirements for Inclusion of Affordable Units) and other applicable provisions of this Article. C. Four or Fewer Dwelling Units. Residential development projects of 4 or fewer dwelling units are exempt from the requirements of this Article. <br /> <br />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 – Ten percent (10%) of the proposed units in a rental residential development shall be affordable to moderate income households, five percent (5%) of the proposed units in a rental residential development shall be affordable to low income households, and five percent (5%) of the proposed units shall be set aside for 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). <br />7.A. - Page 22