Ord2018 1130-375 - Laserfiche WebLink

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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.. -(Fl. D. Eligibility. No household may occupy an affordable unit until the Community Development Director or designee has approved a Below Market Rate Tenant Selection and Management 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. 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 ] Affordable uUnits. If a developer proposes off-site affordable housing units or any other alternative in the affordable housing plan, the review authority ATTY/ORD.469/ADOPTING ARTICLE 29 AND AMENDING SECTION 32.19 ORD 1130-375 REV: 06-15-18 PR MUFF NO. 301 Page 10 of 20