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 16 of 25 means of compliance, a term sheet describing the principal terms of the arrangements between the developer and development partner(s), including any additional information required in the Affordable Housing Guidelines; and 7. Any other information reasonably requested by the Community Development Director to assist with evaluation of the Affordable Housing Plan under the standards of this Article. Affordable housing plans are not required if the developer is only paying an affordable housing impact fee, in compliance with the City requirements. B. Submittal and Review. The affordable housing plan must be submitted prior towith the first planning permit application for the residential or nonresidential development project being deemed complete. The affordable housing plan shall be processed concurrently with all other permits required for the residential or nonresidential development project. Affordable housing plans that meet all of the requirements of this Article shall be approved by the review authority. An affordable housing plan that requests a waiver of any the requirements set forth in this Article shall require approval by the City Council. C. Approval of On-site Affordable Units. The review authority may approve or conditionally approve an affordable housing plan that proposes on-site affordable units if it makes findings, based on substantial evidence, that: 1. The proposed affordable units comply with the applicable standards in this Article, including, without limitation, the requirement that the affordable units be made available for concurrent occupancy per Section 29.6B. 2. The affordable units will mitigate the impact of the project on the need for affordable housing if the units are being provided under the Affordable Housing Impact Fee program. D. Approval of Off-Site Affordable Units. If a developer proposes off-site affordable housing units, land donation, or any other alternative method of compliance under Section 29.8, in the affordable housing plan, the review authority may approve such a proposal if the review authority it is able to make the above findings in Section C (Approval of On-Site Affordable 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; 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; and