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 23 of 25 extent permitted by law the City, its boards and commissions, officers, officials, employees and agents from and against any and all actual and alleged claims, losses, damages, injuries, liabilities, costs (including attorney's fees), suits or other expenses which arise out of, or which are in any way related to relocation obligations to residential tenants, homeowners, or businesses permanently or temporarily displaced from the donated property. 10. Financing or a viable financing plan, shall be in place for construction of the affordable units on the property to be donated 11. The property to be donated is served by quality public transit, as further described in the Affordable Housing Guidelines. 12. Developer or property owner irrevocably assigns to the City, and grants to the City a security interest in and rights to the following: all contracts with architects, landscape architects, planners, geologists, surveyors, engineers, economists, or other development consultants entered into for the property to be donated; and all plans, specifications, drawings, data, and studies produced by these architects and development consultants. Developer or property owner shall ensure that the third parties to the contracts referenced above for Project work consent to the assignment of these contracts to Lender. 13. The property meets any additional land donation criteria in the Affordable Housing Guidelines. 29.9 Waiver of Requirements. A. Timing of Request. A developer may apply for a reduction, adjustment, or waiver of the requirements of this Article as part of an application for the first approval of a planning or building permit for a residential development project. B. Application Requirements. The developer must show that applying the requirements of this Article would result in an unconstitutional taking of property or would result in any other unconstitutional result. The developer shall set forth in detail the factual and legal basis for the claim, including all supporting technical documentation, and shall bear the burden of presenting the requisite evidence to demonstrate the alleged unconstitutional result. C. City Assumptions. The City may assume each of the following when applicable: 1. The developer will benefit from the incentives set forth in State Density Bonus law and the zoning ordinance; and