Ord2018 1130-375 - Laserfiche WebLink

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covenants or restrictions placed on affordable units, by civil action and any other proceeding or method permitted by law. C. Developer Responsibility. Failure of any official or agency to enforce the requirements of this Article shall not excuse any developer or owner from the requirements of this Article. No permit, license, map, or other approval or entitlement for a residential development shall be issued, including without limitation a final inspection or certificate of occupancy, until all applicable requirements of this Article have been satisfied. D. Remedies. The remedies provided for in this Section shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity. [Zoning Ordinance Section 32.19 is repealed and replaced to read as follows] 32.19 - Affordable Housing Density Bonuses. A. Purpose. To clarify the basic procedures, requirements, and functions of the State Density Bonus Llaw and to comply with Government Code Section 65915. B. Definitions. 1. "Affordable Housing Unit", means Aan ownership or rental dwelling unit affordable to households with extremely -low, very -low, low or moderate incomes as published periodically by the California Department of Housing and Community Development for households in San Mateo County or equivalent as approved by the e_Community dDevelopment dDirector. 2. "Base Units°: means Tthe maximum residential density at the project site allowed under the zoning ordinance and land use element of the General Plan prior to the application of the State Density Bonus law. If a range of density is permitted, the maximum allowable density in the range is applicable. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the General Plan, the General Plan density shall prevail. 3. 'Bonus Units means Aadditional units granted by the State Density Bonus law. Bonus units may exceed local zoning and General Plan densities. 4. "Concession or Incentive". means Aa modification in development standards, zoning code requirements, architectural design requirements, parking requirements, or other concessions or incentives identified in Government Code Section 65915(k) or any successor provision that result in identifiable and actual cost reductions, in order to provide for affordable housing. 5. "State Density Bonus law". means Sections 65915 through 65918 of the California Government Code. 6. "Waiver". means Aa modification of development standards that would otherwise physically preclude the construction of a development meeting the criteria of this Section at the density permitted under State Density Bonus law or with the concessions and incentives granted under this Section and State Density Bonus Law. C. Applicability. This Section 32.19 applies to all residential or mixed-use development projects with a net increase of five or more dwelling units or a project that otherwise meets the ATTY/ORD.469/ADOPTING ARTICLE 29 AND AMENDING SECTION 32.19 ORD 1130-375 REV: 06-15-18 PR MUFF NO. 301 Page 14 of 20