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 16 of 17 applicant's request to alter the requirements of Section 29.6 (Standards for Affordable Housing) in conjunction with its review of the planning application for the project and may reject or accept the request in its sole discretion. 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 2. The developer will be obligated to provide the most economical affordable housing units feasible in terms of financing, construction, design, location and tenure. D. Decision. The review authority, based upon legal advice provided by or at the behest of the City Attorney, may approve a reduction, adjustment, or waiver of the requirements of this Article if the review authority determines that applying the requirements of this Article would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property. The reduction, adjustment, or waiver may be approved only to the extent necessary to avoid an unconstitutional result after adoption of written findings, based on legal analysis and the evidence. E. Changes to the Project. If a reduction, adjustment, or waiver is granted, any change in the residential development project shall invalidate the reduction, adjustment, or waiver, and a new application shall be required for a reduction, adjustment, or waiver per this section. 29.10 - Housing Fund. A. Establishment of the Fund. There is hereby established in the City of Redwood City an "Affordable Housing Fund." All affordable housing impact fees or other funds collected under this Article, including payment of any in-lieu fees, shall be deposited into the City's Affordable Housing Fund. B. Use of Funds. The monies in the Affordable Housing Fund and all earnings from investment of the moneys in the Fund shall be expended exclusively to provide housing affordable to extremely low income, very low income, lower income, and moderate income households in the City, consistent with the goals and policies contained in the City's Housing Element and the purposes for which the fees were collected, and for administration and compliance monitoring of the affordable housing program. C. Guidelines. The City Council may, from time to time, adopt guidelines for expenditure of monies in the affordable housing fund.