Reso PC21-07 0063 PC Reso Zoning Ordinance Amendment Article 29

Browse Search

ATTY/RESO.0063/PC RESO ZONING ORDINANCE AMENDMENT ARTICLE 29 REV: 08-12-21 SK Page 11 of 17 than an affordable rent or an affordable ownership cost as defined in Section 29.2 (Definitions) for the use of such facilities and amenities. B. Availability for Occupancy. 1. Residential Development. All affordable units required by this Article shall be made available for occupancy concurrently with the market-rate units. For the purposes of this subsection, "concurrently" means that the City may not issue building permits for more than fifty (50) percent of the market-rate units until it has issued building permits for all of the affordable units, and the City may not approve any final inspections or certificates of occupancy (including a temporary certificate of occupancy) for more than fifty (50) percent of the market-rate units, or in the case of a multi-structure residential development project, any structure(s) containing more than fifty (50) percent of the market-rate units, until it has issued final inspections or certificates of occupancy for all of the affordable units. 2. Nonresidential Development. Pursuant to Section 29.8 (Alternatives), if the developer of a nonresidential development opts to comply with the impact fee requirements by developing or causing the development of affordable units, including purchase of existing units for conversion to affordable units, all of the affordable units shall be made available for occupancy concurrently with or prior to the nonresidential development. 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 (50) percent of the nonresidential development (on a square foot basis), or in the case of a multi-structure development project, any structure(s) representing more than fifty (50) percent 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). 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