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_ He noted that three azeas of the ordinance were highlighted as a concern of Council or staff and <br />requested that the Commission examine them more closely: <br />Increase the Minimum Ration for Multi-Family Affordable Units <br />The ordinance requires that 15 percent of the multi-family units be affordable to low- and <br />very-low-income families. Staff believed that an increase from 15 percent to 20-30 percent <br />would be justifiable to be consistent with the recently adopted Housing Element. <br />Options for Affordable Housine Credits <br />The ordinance contains a provision that states if a developer provides a number of affordable <br />units in a particulaz development that is in excess to the required amount, the developer can <br />request credits to be applied to another development. The credits would be the property of <br />the project owner and cannot be transferred to another development unless approved by the <br />City Council. Council would also approve the number of credits awarded. He noted that the <br />provision maybe left as is, reviewing the credits on a case-by-case basis, and giving Council <br />the greatest amount of latitude. The provision may be eliminated. Also, specific guidelines <br />for credits may be established, including the use of apre-determined formula. Clarification <br />for transferring credits from one developer to another may also be defined by the Council. <br />3. Modification to Reuirements for Ownership Housing <br />Concerns have generally revolved around the issues of the subsidy amount for ownership <br />housing, the length of ownership, and ongoing re-certification of income. There have also <br />been concerns that the affordable units may affect the prices of market units and that there <br />may be a lack of incentive to resell these units. Staff believes that the ownership component <br />of the ordinance works as it was meant to work. Mr. Bocian noted that several options were <br />listed in the report: <br />a. Subsidizing ownership housing may be eliminated in favor of rental housing. <br />b. Second mortgages maybe modified to accelerate payments if a household's income <br />exceeds a certain level. <br />c. Potential formulas may be considered that would increase an owner's equity in the <br />home maybe examined. <br />He noted that the Housing Commission reviewed this matter on May 20, 2004 and decided to <br />retain the current unit requirements of I S percent for the rental units. The Housing <br />Commission's justification was that the current language set a minimum threshold, and they <br />would work to exceed that minimum. The Housing Commission believed the Council should <br />retain the language relative to the inclusionary unit credits, which would give the Council the <br />greatest flexibility regarding transfers. The Housing Commission indicated that retention of <br />ownership housing was an important component of the City's affordable housing program, but <br />staff should work on language and procedures for monitoring the ownership to assure that those <br />owners were complying with the terms and conditions of the program. <br />Commissioner Kameny complimented staff on the detail and complexity of the ordinance and <br />inquired whether staff had any recommendations regazding the three items. <br />- Mr. Bocian advised that staff recommended increasing the percentage of the rental units from <br />15 percent to 25 percent to be consistent with the City's Housing Element. He noted that the <br />position taken by the Housing Commission was credible in the sense that it views it as a <br />PLANNING COMMISSION MINUTES June 23, 2004 Page 3 of 15 <br />