Reso23-13PC Reso 0041 Amending Zoning Ordinance - Affordable Housing

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ATTY/RESO.0041/PC RESO AMENDING ZONING ORDINANCE – AFFORDABLE HOUSING REV: 05-30-23 SK Page 11 of 25 2. Twenty (20) or More Dwellings. Residential development projects of twenty (20) units or more (excluding accessory dwelling units) that are required to construct affordable units on site per Section 29.4 (Requirements for Inclusion of Affordable Housing) of this Article. 3. Nonresidential Development of Five Thousand (5,000) Square Feet or Less. The housing impact fee shall not apply to developers of nonresidential development projects adding five thousand (5,000) square feet or less of net new square footage. 4. Government-Owned. Residential or nonresidential development projects located on property owned by the state of California, the United States of America, or any of its agencies and used exclusively for governmental or educational purposes. 5. Damaged or Destroyed. Any development project proposed to repair or replace a structure that was damaged or destroyed by fire or other calamity, so long as the square footage and permitted use of the structure remains the same, and the planning application for the project is filed within one (1) year of the damage's occurrence. If and to the extent there is a change in the permitted use or an increase in the square footage of the structure, then the housing impact fee shall be calculated based on the net new square footage of the structure at the rate applicable to the type of permitted use (residential or nonresidential). 6. Demolished Structures. Any development project proposed to replace a structure previously located on site but which has been demolished, so long as the square footage and permitted use of the structure remains the same, and the planning application for the project is filed within two (2) years of the demolition of the structure being replaced. If and to the extent there is a change in the permitted use or an increase in the square footage, then the housing impact fee shall be calculated based on the net new square footage at the rate applicable to the type of permitted use (residential or non-residential nonresidential). 7. Abandoned Structures. Any development project proposed to replace a structure located on site but which is not being used for its permitted use and which does not otherwise meet the exemptions under Section 29.5(C)(5) (Damaged and Destroyed) or 29.5(C)(6) (Demolished Structures), so long as the square footage and permitted use of the structure remains the same, and the planning application for the project is filed within two (2) years of the last permitted use of the site. If and to the extent there is a change in the permitted use or an increase in the square footage, then the housing impact fee shall be calculated based on the net new square footage at the rate applicable to the type of permitted use (residential or non-residential nonresidential).