2001 APRIL - Laserfiche WebLink

17.44.080 1. The off-site inclusionary units must be determined to be consistent with the city's goal of creating, preserving, main- taining, and protecting housing for very low, low, and moderate income house- holds. 2. The off-site inclusionary units must not result in a significant concentration of inclusionary units in any one particular neighborhood. 3. The off-site inclusionary units shall conform to the requirements of all appli- cable city ordinances and the provisions of this chapter. 4. The occupancy and rents of the off- site inclusionary units shall be governed by the tenors of a deed restriction, and if applicable, a declaration of covenants, conditions and restrictions similar to that used for the on-site inclusionary units. The affordable housing agreement shall stipulate the terms of the off-site inclusionary units. If the construction does not take place at the same time as project development, the agreement shall require the units to be produced within a specified time frame, but in no event longer than five (5) years. A cash deposit or bond may be required by the city, refundable upon construction, as assur- ance that the units will be built. B. Land Dedication: An applicant may dedicate land to the city or a local non- profit housing developer in place of actual construction of inclusionary units upon approval of the city council. The intent of allowing a land dedication option is to provide the city or a local nonprofit hous- ing developer the free land needed to make an inclusionary unit development feasible, thus furthering the intent of this chapter. The dedicated land must be appropri- ately zoned, buildable, free of toxic sub- stances and contaminated soils, and large enough to accommodate the number of inclusionary units required for the project. The city's acceptance of land dedication shall require that the lots be fully im- proved, with infrastructure, adjacent utili- ties, grading, and fees paid. C. Credit Transfers: In the event a project exceeds the total number of inclu- sionary units required in this chapter, the project owner may request inclusionary unit credits which may be used to meet the affordable housing requirements of another project. Inclusionary unit credits are issued to and become the possession of the project owner and may not be transferred to another project owner without approval by the city council. The number of inclusionary unit credits awarded for any project is subject to approval by the city council. D. Alternate Methods Of Compliance: Applicants may propose creative concepts for meeting the requirements of this chap- ter, in order to bring down the cost of providing inclusionary units, whether on- or off-site. The city council may approve alternate methods of compliance with this chapter if the applicant demonstrates that such alternate method meets the purpose of this chapter (as set forth in section 17.44.020 of this chapter). E. Lower Income Housing Fee Option: In lieu of providing inclusionary units in a project, an applicant may pay the city's lower income housing fee as set forth in chapter 17.40 of this title. (Ord. 1818 § 1, 2000) (Pleasanton April 2001) 470-4