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

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ATTY/RESO.0063/PC RESO ZONING ORDINANCE AMENDMENT ARTICLE 29 REV: 08-12-21 SK Page 12 of 17 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 of Section 42 of the Internal Revenue Code and implementing guidelines, the requirements of Section 42 will supersede. This section shall be read to allow developers to impose other legally required or permitted preferences to affordable housing units, so long as such additional preferences are approved in writing by the Community Development Director. All applicable preferences shall be identified in the Affordable Housing Plan and expressly incorporated into the implementing agreements and documents required under Section 29.7(F). F. Guidelines.The Community Development Director may from time to time adopt guidelines for determining household income and affordable housing cost, determining buyer eligibility, monitoring, and relevant administrative provisions, and determining acceptable alternative means of compliance within the requirements of this Chapter. G. Conflict of Interest. Officials, employees, or consultants of the City and members of City boards and commissions shall comply with all applicable laws, regulations, and policies relating to conflicts of interest as to their eligibility to develop, construct, sell, rent, lease, occupy, or purchase an affordable unit. 29.7 - Affordable Housing Plan and Agreement. A. Required. An "affordable housing plan" is required for any residential or nonresidential development project that provides affordable units, either on-site or off-site. The affordable housing plan shall be in compliance with the Guidelines and, at a minimum, describe: 1. How the proposed units conform to the requirements of this Article and City and State Density Bonus law requirements, as applicable; 2. The location, structure (attached or detached), proposed tenure (for-sale or rental), and size of the proposed market-rate (as applicable) and affordable units and the basis for calculating the number of affordable units provided; 3. A floor or site plan depicting the location of the affordable units; 4. A phasing plan that provides for the timely development of the number of affordable units in accordance with Section 29.6 (Standards for Affordable Housing); 5. If off-site units, or other alternatives are proposed under Section 29.8 (Alternatives), the information deemed necessary by the City to support the findings required for approval of such alternatives. 6. 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 City requirements. B. Submittal and Review. The affordable housing plan must be submitted prior to the first planning permit application 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.