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Ordinance No. 2287 <br />Page 15 of 21 <br /> <br />7. Height restriction waivers. <br /> <br />C. Second Mortgages. The city may utilize available affordable housing funds for the purpose of <br />providing second mortgages to prospective unit owners or to subsidize the cost of a unit to <br />establish an affordable rent or an affordable sales price. Terms of the second mortgage or subsidy <br />shall be stated in the affordable housing agreement. The utilization of these incentives shall not <br />be the sole source of providing the inclusionary units and they are intended to augment the <br />developer's proposal. <br />(Ord. 1818 § 1, 2000) <br /> <br />§ 17.44.080. Alternative Means of Compliance <br />In general, and where specified by this chapter, projects shall be required to construct <br />inclusionary units on-site and in conjunction with market rate units within the same project in <br />all new residential projects. However, pursuant to state law and in the interests of avoiding <br />undue impediments to housing production, the city acknowledges that it may be beneficial to <br />provide alternative means of compliance with this chapter. <br /> <br />A. Provisions Applicable to All Alternatives <br /> <br />1. Approval of any alternative proposal is subject to city council review and approval, based on <br />the criteria and findings set forth in subsections B through H as applicable. <br />2. The applicant shall bear the burden of providing substantial evidence to support the findings <br />set forth in this section, and to support the feasibility of any proposed alternative. The <br />applicant shall set forth the factual and legal basis for any request under this section. <br />3. Any request under this section shall be submitted to the director of community development <br />together with an economic analysis, if required, or other supporting documentation. <br />4. The city council may approve or conditionally approve any alternative set forth in this <br />section if it makes all of the following findings and any additional findings required for the <br />selected alternative: <br />a. It is not feasible or desirable to accommodate the inclusionary units on site, or to <br />otherwise construct the units in strict accordance with the requirements of this <br />chapter, due to specific site conditions or constraints, project location, or other <br />unique characteristics of the project or project site. <br />b. The number of affordable units provided by the alternative equals or exceeds that <br />provided by the on-site units or by the payment of the Affordable Housing Fee, as <br />applicable to the project; <br />c. The level of affordability provided by the alternative is the same or lower (i.e. has <br />“deeper” affordability) as provided by on-site units or the payment of fees, as <br />applicable; <br />d. The alternative is consistent with the general plan and housing element, and the <br />provisions of this chapter. <br />B. Alternative Proposals <br />Page 44 of 126