Ord2018 1130-375 - Laserfiche WebLink

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may approve such a proposal if it is able to make the above findings in section C (Approval of On -Site BM4RAffordable 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. 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 recorded against the property in the form of a of -a -resale restriction, deed of trust, or regulatory agreement, as applicable, in a form approved by the City Attorney and executed by the City Manager to ensure the continued affordability of the affordable units. 29.8 Alternatives An applicant or the City may propose an alternative means of compliance with this ordinance subject to the following provisions: A. Alternatives Available to Projects Requiring an Impact Fee. As an alternative to compliance with the impact fee requirements included in this Article, developers of residential or nonresidential development projects may propose to mitigate the affordable housing impacts of such development through the construction of affordable units on site or through an alternative mitigation program proposed by the developer and the eCommunity dDevelopment dDirector, such as the provision of off-site affordable units, donation of land for the construction of affordable units, or purchase of existing units for conversion to affordable units. 1. The City Council may adopt by resolution the percentage of affordable units needed to mitigate the impact of residential or nonresidential development projects on the need for affordable housing. 2. Any affordable rental or for -sale units proposed as an alternative to the payment of the housing impact fee shall be subject to the requirements described in Section 29.6 (Standards for Affordable Housing), ATTY/ORD.469/ADOPTING ARTICLE 29 AND AMENDING SECTION 32.19 ORD 1130-375 REV: 06-15-18 PR MUFF NO. 301 Page 11 of 20