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 14 of 17 An applicant or the City may propose an alternative means of compliance with this ordinance subject to the following provisions: A. Alternatives Available to Projects Requiring an Impact Fee.As an alternative to compliance with the impact fee requirements included in this Article, developers of residential or nonresidential development projects may propose to mitigate the affordable housing impacts of such development through the construction of affordable units on site or through an alternative mitigation program proposed by the developer and the Community Development Director, such as the provision of off-site affordable units, donation of land for the construction of affordable units, or purchase of existing units for conversion to affordable units. Property donated or dedicated shall be suitable for construction of affordable housing at a feasible cost, shall be served by utilities, streets and other infrastructure, and shall have no hazardous materials or other conditions that constitute material constraints on development of affordable housing on the property. 1. The City Council may adopt by resolution the percentage of affordable units needed to mitigate the impact of residential or nonresidential development projects on the need for affordable housing. 2. Any affordable rental or for-sale units proposed as an alternative to the payment of the housing impact fee shall be subject to the requirements described in Section 29.6 (Standards for Affordable Housing) and demonstrate financing or a viable financing plan, which may include public funding sources, is in place for the proposed affordable housing units. B. Alternatives Available to Projects Requiring On-Site Construction of Affordable Units. 1. Payment of an In-Lieu Fee. The City may accept payment of an in-lieu fee in place of construction of on-site units if all of the following findings can be made: a. The City determines that the in-lieu fee is adequate to cover the cost of providing at least an equivalent number of affordable units as would otherwise be required under this Article based upon an affordability gap analysis provided by the applicant. b. The average unit size in the project seeking to pay an in-lieu fee is two thousand (2,000) square feet or four (4) bedrooms. 2. Any applicable in-lieu fees will be collected by the City prior to the issuance of the first building permit for the development. The fees shall be calculated based on the fee schedule in effect at the time the building permit is issued. 3. Unit Size. In projects where the market rate units all exceed two thousand (2,000) square feet, the size of the affordable units may be up to twenty percent (20%) smaller than the Market Rate Units. C. Approval of Off-Site Affordable Units. If a developer proposes off-site affordable units or any other alternative in the affordable housing plan required under Section 29.6 (Standards for Affordable Housing), the review authority may approve such a proposal if it finds 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; and