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12/07/2015 consideration for a direct financial contribution from the City or a form of assistance specified in the State's Density Bonus Law (Chapter 4.3, commencing with Section 65915, of Division 1 of Title 7 of the Government Code). The developer may request that the City waive the affordable housing impact fee as a direct financial contribution to the rental residential development project. B. If the developer seeks an alternative to the payment of the housing impact fee pursuant to subsection A of this Section, then the application for the first approval of a residential or nonresidential development project for which the alternative is sought shall include an "affordable housing plan" that describes how the alternative will comply with the provisions of this Article. No affordable housing plan is required if the developer proposes only to pay the housing impact fee. 1. Residential or nonresidential development projects requesting an alternative to payment of the housing impact fee require that an affordable housing plan be submitted in conformance with this Article prior to the application being deemed complete. 2. The affordable housing plan shall be processed concurrently with all other permits required for the residential or nonresidential development project. Before approving the affordable housing plan, the decision-making body shall find that the affordable housing plan conforms to this Article. A condition shall be attached to the first approval of any residential or nonresidential development project to require recordation of an affordable housing agreement, as described in this subsection, prior to the approval of any final or parcel map or building permit for the residential or nonresidential development project. 3. 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. 4. If required to ensure compliance with the approved affordable housing plan, affordable housing agreements acceptable to the community development director or designee 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 city manager or designee. ATTY/ORD.418/AFFORDABLE HOUSING IMPACT FEE ORD.#2417 REV:10-22-15 VR FORMERLY MUFF#100 Page 7 of il