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 14 of 25 of the affordable units shall be made available for occupancy concurrently with or prior to the nonresidential development project. For the purposes of this subsection, "concurrently" means that the City may not approve any final inspections or certificates of occupancy (including a temporary certificate of occupancy) for more than fifty percent (50%) of the nonresidential development project (on a square foot basis), or in the case of a multi-structure development project, any structure(s) representing more than fifty percent (50%) of the total project square footage of the development project, until it has issued final inspections or certificates of occupancy (including a temporary certificate of occupancy) for all of the affordable units. C. Duration of Affordability. All affordable units for sale 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 ownership cost for a period of at least thirty (30) years. All 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 fifty-five (55) years. The legal restrictions requiring affordable units shall be recorded against the applicable property in the form specified in Section 29.7(F). The recorded legal restriction securing the affordable units required under the Ordinance are land use covenants that run with the land and must at all times remain a lien recorded in first lien priority and may not be subordinated to any lien securing a mortgage or indebtedness without the prior written consent of the City, which consent can be withheld at the City’s sole and absolute discretion. 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. Local Preference. To the extent permitted by applicable law including fair housing laws, developers shall grant a preference in the affordable units produced as required by this Article, to: (1) eligible households displaced by any activity (including the exercise of police powers and code enforcement) of the City or as provided in Health and Safety Code Section 33411.3 or by public projects implemented by the City; and (2) eligible households that live (or have ever lived), work or have been offered work in the City of Redwood City. The preferences stated in this Article apply to the affordable units for the applicable term specified in 29.6(C). Notwithstanding anything to the contrary herein, nothing in this Section shall require that the preference be based on a minimum duration for residency or employment. To the extent, the preferences required under this Article conflict with the requirements under Internal