The following requirements and standards shall apply to any for residential project subject to this chapter:
.010 Project Threshold. The inclusionary housing requirement is applicable to any proposed residential project with thirty-five (35) dwelling units or more.
.020 Number of Affordable Units. The minimum number of dwelling units required to be set aside as affordable units and the required affordability level(s) of the units are specified as follows:
.0201 Rental Projects. An applicant of a rental project shall fulfill their obligation with onsite production of at least 10% affordable rental units, including at least 7% at or below the low-income level and at least 3% at or below the very-low income level.
.0202 Fractional Calculation. For any partial affordable unit calculated, the applicant shall round up the calculation to the highest whole number or pay a fractional in-lieu fee payment in accordance with the adopted in-lieu fee schedule.
.0203 Parcel or Lot Merger. An applicant shall not avoid the requirements of this chapter by submitting piecemeal planning permit applications. At the time of the application for first approval for the residential project, the applicant shall identify all contiguous property under common ownership and control. The applicant shall not be required to construct dwelling units upon the contiguous property at the time of the application for first approval; however, the applicant shall be required to include the contiguous property under common ownership or control in its inclusionary housing plan. The inclusionary housing agreement shall be recorded against the residential project and all contiguous property under common ownership or control and shall require compliance with this chapter upon development of each contiguous property at such time as there are planning permit applications that would authorize residential units for the residential development and the contiguous property under common ownership or control.
.030 Covenant Period. For rental projects, the affordable units shall remain affordable for not less than fifty-five (55) years or as stated in the inclusionary housing agreement or other agreement(s). After fifty-five (55) years the affordability covenant may be removed only if the property is redeveloped as a non-residential use.
.040 Timing of Construction. The affordable units shall be constructed concurrently with or prior to the construction of market rate units. In phased developments, the affordable units shall be constructed in proportion to the number of dwelling units in each phase of the market rate project. The applicant shall provide a Construction Phasing Plan as part of their project plans for review by the director or their designee prior to the submittal of plans for a building permit.
.050 Unit Size. The size of the affordable units shall be the same size as the market rate units, but the final review authority may consider and approve affordable units no more than 15% smaller in square footage than the average square footage of the market rate units.
.060 Bedroom Mix. The bedroom mix of the affordable units shall be proportional to the market rate units or as otherwise agreed in the inclusionary housing agreements or other approved agreements with the City.
.070 Design. All exterior and interior improvements including floor plan design, finishes/materials, etc. for the affordable units shall be comparable, if not same, to the market rate units. The affordable units shall have same access to and enjoyment of all community amenities/facilities in the residential project. The final review authority may consider and approve alternative exterior and/or interior design improvements for the affordable units as long as it is comparably the same to the market rate units.
.080 Location. Affordable units shall be dispersed and evenly distributed throughout a residential project and not clustered in a particular area of the development or as otherwise agreed at the City's discretion in an inclusionary housing agreement. Affordable units within a residential project that share a common entrance or access shall not have separate entrances or access for market rate and affordable units.
.090 Certificate of Occupancy. No certificate of occupancy will be issued for any corresponding market rate unit in a new residential project prior to completion of the required affordable units (including offset) and/or payment of in-lieu fees.
.100 Anaheim Preference. Subject to applicable fair housing laws, give reasonable preference and consideration to the housing needs of the target population residing in, employed in, or offered employment in the City of Anaheim, including but not limited to, priority placement on a written waiting list of available units. (Ord. 6593 § 1 (part); October 29, 2024.)