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ATTY/ORD.0006/CC ORD ADOPT AMENDMENTS TO THE ZONING CODE – EXHIBIT A <br />REV: 07-08-26 MI <br />Page 23 of 103 <br />shall be processed concurrently with all other permits required for the residential or nonresidential <br />development project. Affordable housing plans that meet all of the requirements of this Article shall <br />be approved by the review authority. An affordable housing plan that requests a waiver of any the <br />requirements set forth in this Article shall require approval by the City Council. <br />C. Approval of On-site Affordable Units. The review authority may approve or conditionally approve <br />an affordable housing plan that proposes on-site affordable units if it makes findings, based on <br />substantial evidence, that: <br />1. The proposed affordable units comply with the applicable standards in this Article, including, <br />without limitation, the requirement that the affordable units be made available for <br />concurrent occupancy per Section 29.6B. <br />2. The affordable units will mitigate the impact of the project on the need for affordable housing <br />if the units are being provided under the Affordable Housing Impact Fee program. <br />D. Approval of Off-Site Affordable Units. If a developer proposes off-site affordable housing units, land <br />donation, or any other alternative method of compliance under Section 29.8, in the affordable <br />housing plan, the review authority may approve proposal if the review authority is able to make the <br />above findings in Subsection C (Approval of On-Site Affordable Units) and the proposal meets all of <br />the following conditions: <br />1. Financing or a viable financing plan, which may include public funding sources, is in place for <br />the proposed affordable housing units; <br />2. The proposed location is suitable for the proposed affordable housing, is consistent with the <br />Housing Element, general plan, and zoning, and will not cause residential segregation; and <br />3. The proposed affordable units comply with the applicable standards in this Article, including, <br />without limitation, the requirement that the affordable units be made available for <br />concurrent occupancy per Section 29.6B. <br />E. Amendments. The approved affordable housing plan may be amended prior to issuance of any <br />building permit for the residential or nonresidential development project. A request for a minor <br />modification of an approved affordable housing plan may be granted by the Community <br />Development Director if the modification is substantially in compliance with the original affordable <br />housing plan and conditions of approval. Other modifications to the affordable housing plan shall be <br />processed in the same manner as the original plan. <br />F. Agreements. As a condition of approval, a development project dedicating affordable unit(s), <br />including land donations, pursuant to this Article shall be required to execute and record an <br />affordable housing agreement prior to approval of any final or parcel map, or issuance of any building <br />permit, whichever occurs first. This agreement must be in a form approved by the City Attorney and <br />executed by the City Manageraffordable housing agreements acceptable to the Community <br />Development Director shall be recorded against the residential or nonresidential development <br />project prior to approval of any final or parcel map, or issuance of any building permit, whichever <br />occurs first. The affordable housing agreement shall specify the number, type, location, size, and <br />phasing of all affordable units, provisions for income certification and screening of potential <br />purchasers or renters of units, and resale control mechanisms, including the financing of ongoing <br />administrative and monitoring costs, consistent with the approved affordable housing plan, as <br />determined by the Community Development Director. The form of the affordable housing <br />agreement may vary depending on the way the provisions of this Article are satisfied for a particular <br />development project. The affordable housing agreement shall be recorded against the property in <br />8.B. - Page 45 of 212 <br />360