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ATTY/ORD/2018/ORD.469/ADOPTING ARTICLE 29 & AMENDING SECTION 32.19 <br />REV: 05-15-18 PR <br />Page 10 of 28 <br />Plan prepared by the developer, which plan shall include eligibility requirements specific to the project. . 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. <br />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 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 cause residential segregation. <br />7.A. - Page 25