2010 JANUARY - Laserfiche WebLink

17.44.090 housing requirement through the construction of affordable units within the project itself. Therefore, the requirements of this chapter may be satisfied by various methods other than the construction of inclusionary units on the project site. Some examples of alternate methods of compliance appear below. As housing market conditions change, the city may need to allow alternatives to provide options to applicants to further the intent of providing affordable housing with new development projects. A. Off -Site Projects. Inclusionary units required pursuant to this chapter may be permitted to be constructed at a location within the city other than the project site. Any off -site inclusionary units must meet the following crite- ria: I. The off -site inclusionary units must be determined to be consistent with the city's goal of creating, preserv- ing, maintaining, and protecting housing for very low, low, and moderate income households. 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 applicable city ordinances and the provisions of this chapter. 4. The occupancy and rents of the off -site inclusionary units shall be governed by the terms of a deed restric- tion, 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 years. A cash deposit or bond may be required by the city, refundable upon construction, as assurance that the units will be built. 13. Land Dedication. An applicant may dedicate land to the city or a local nonprofit housing developer in place of actual construction of inclusionary units upon approval of the city council. The intent of allowing a land dedica- tion option is to provide the city or a local nonprofit housing developer the free land needed to make an inclu- sionary unit development feasible, thus furthering the intent of this chapter. The dedicated land must be appropriately zoned, buildable, free of toxic substances 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 improved, with infrastructure, adjacent utilities, grading, and fees paid. C. Credit Transfers. In the event a project exceeds the total number of inclusionary units required in this chapter, the project owner may request inclusionary unit credits which may be used to meet the affordable housing require- ments 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 inclu- sionary 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 chapter, 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 al- ternate method meets the purpose of this chapter (as set forth in Section 17.44.020 of this chapter). E. Lower Income I lousing 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 § I, 2000) Article 11I. Miscellaneous 17.44.090 Administration. An applicant of a project subject to this chapter shall submit an affordable housing proposal stating the method by which it will meet the requirements of this chapter. The affordable housing proposal shall be submitted as part of the applicant's city development application (e.g., design review, planned unit development, etc.) to the planning division in a form approved by the city manager. The community development director may waive the requirement for submittal (Pleasanton Supp. No. 3, I -10) 482