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Item 08 - Second Reading of Zoning Ordinance Amendment No. 2021-03
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Item 08 - Second Reading of Zoning Ordinance Amendment No. 2021-03
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Agenda Packet
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Planning & Building
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1/18/2022
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(1) A minimum of fifteen (15) percent of the units shall be rented to low-income <br /> households, or <br /> (2) A minimum of ten (10) percent shall be rented to very low-income <br /> households, or <br /> (3) A minimum of five (5) percent shall be rented to extremely low-income <br /> households, or <br /> (4) A minimum of ten (10) percent shall be available at an affordable housing <br /> cost of which five (5) percent rented to low-income households, three (3) percent rented <br /> to very low-income households, and two (2) percent rented to extremely low-income <br /> households. <br /> (e) Rounding of quantities in calculations. In calculating the required number of <br /> inclusionary units, fractional units shall be rounded-up to the next whole unit. The <br /> developer may choose to pay an in-lieu fee set forth in section 41-1904(c)for the fractional <br /> units, which shall be calculated based on the number of habitable square feet applicable <br /> in each case. <br /> (f) Displacement of existing inclusionary units. Notwithstanding any other provision of <br /> this article, any residential project subject to this article that results in the displacement of <br /> extremely low, very low and/or low-income household(s) shall be required to provide on- <br /> site inclusionary units as required by this article. <br /> (g) Compliance with article. All inclusionary units required by this article shall be sold <br /> or rented in compliance with this article. <br /> Sec. 41-1903. Exempt projects. <br /> The following are exempt from the requirements of this article: <br /> (a) Development agreements. A residential project that is the subject of a <br /> development agreement under applicable provisions of the California Government Code <br /> that expressly provides for an exclusion to this article, provides for a different amount of <br /> inclusionary units, or provides for a different specified method for determining the in-lieu <br /> fee provisions of this ordinance, such as the timing of payment or the point in time for <br /> determining the applicable in-lieu fee amount, to satisfy the inclusionary units from that <br /> specified by this article. <br /> (b) Project with regulatory agreement. A residential project for which a regulatory <br /> agreement has been approved, provided that the regulatory agreement is effective at the <br /> time the residential project would otherwise be required to comply with the requirements <br /> of this article, and there is no uncured breach of the regulatory agreement before issuance <br /> of a certificate of occupancy for the project. This may include a residential project that has <br /> City Council 8 — 26 ordjar&2022-xxx <br /> Page 6 of 17 <br />
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