Item 09 - Second Reading of Zoning Ordinance Amendment No. 2021-03

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Ordinance No. NS-XXX Page 6 of 18 (c) Units for sale. If the new residential project consists of units for sale, then a minimum of ten five (510) percent of the total number of units in the project shall be sold to moderate-income households. (d) Rental units. If the new residential project consists of rental units, the inclusionary units shall be constructed as follows: (1) A minimum of fifteen (15) percent of the units shall be rented to low-income households, or (2) A minimum of ten (10) percent shall be rented to very low-income households, or (3) A minimum of five (5) percent shall be rented to extremely low-income households, or (4) A minimum of ten (10) percent shall be available at an affordable housing cost of which five (5) percent rented to low-income households, three (3) percent rented to very low-income households, and two (2) percent rented to extremely low-income households. (e) Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units shall be rounded-up to the next whole unit. The developer may choose to pay an in-lieu fee set forth in section 41-1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case. (f) Displacement of existing inclusionary units. Notwithstanding any other provision of this article, any residential project subject to this article that results in the displacement of extremely low, very low and/or low-income household(s) shall be required to provide on- site inclusionary units as required by this article. (g) Compliance with article. All inclusionary units required by this article shall be sold or rented in compliance with this article. Sec. 41-1903. Exempt projects. The following are exempt from the requirements of this article: (a) Development agreements. A residential project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this article, provides for a different amount of inclusionary units, or provides for a different specified method for determining the in-lieu fee provisions of this ordinance, such as the timing of payment or the point in time for determining the applicable in-lieu fee amount, to satisfy the inclusionary units from that specified by this article.