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(a) New residential construction, regardless of type of dwelling unit. For newly constructed, converted, or infill multi-family or townhome residential developments with 20 or more newly created units, at least 9% of the newly created units must be affordable to households at or below 60% of AMI. For newly constructed or infill single-family detached residential developments with 20 or more newly created units, at least 9% of the newly created units must be affordable to low income family households up to 115% AMI.
(b) Calculating affordable units. In determining the number of opportunity housing units required under this chapter, any decimal fraction less than 0.5 is rounded down to the nearest whole number and any decimal fraction of 0.5 or more is rounded up to the nearest whole number. For purposes of § 9.18 (density bonus), any additional units authorized and approved as a density bonus are not counted in determining the required number of affordable units.
(c) Phasing. Developments subject to this chapter include but are not limited to development that is undertaken in phases, stages, or otherwise developed in distinct parts.
(d) Preservation and rehabilitation. When a NOAH property with 20 or more units that receives some form of financial assistance from the city or HRA is transferred or is otherwise conveyed to a new owner or member of the prior owner or undergoes substantial rehabilitation, then at least 9% of the units must be preserved as affordable to households at or below 60% of AMI through approval of an affordable housing plan and execution of an affordable housing agreement. This section does not apply to a NOAH property of 19 or fewer units. “Financial assistance” only includes direct financial assistance from the city or HRA and does not include participation in the 4d property tax program or the Section 8 housing choice voucher program.
(e) City assistance. In consideration of the 9% requirement of this section, a developer or owner of a NOAH property preserving opportunity units in accordance with this chapter may utilize the options and tools as provided in this chapter.
(f) Opportunity housing requirement. The requirements of this section are generally referred to in this chapter as the “opportunity housing requirement.”
In consideration of and as a way of providing the developer with tools and flexibility to meet the requirements of this chapter, a developer may meet its opportunity housing requirement by the construction of all required opportunity housing units on the site of the proposed residential development.
(Ord. 2019-16, passed 2-25-2019)
(a) In consideration of and as a way of providing the developer with tools and flexibility to meet the requirements of this chapter, a developer may meet its opportunity housing requirement by the construction of opportunity housing units on a site different from the site of the residential development as follows:
(1) For-sale residential development. Off-site opportunity housing units equivalent to no less than 9% of the total dwelling units in the residential development must be made available for purchase at a housing cost to those households earning no more than 110% of the area median income.
(2) Rental residential development. Off-site rental opportunity housing units numbering no less than 9% of the total dwelling units in the residential development must be made available for rent with a housing mix of extremely low, very low and up to 60% AMI households.
(3) Additional requirements. All opportunity housing units constructed off-site of the residential development must also comply with all of the following requirements:
(A) The site of the opportunity housing conforms to the city’s affordable housing dispersion objective set forth in § 9.36;
(B) The site has a comprehensive plan designation authorizing residential uses and is zoned for residential development at a density to accommodate at least the number of required opportunity housing units within the residential development;
(C) The site can accommodate the development of the opportunity housing units;
(D) Environmental review for the site has been completed for the presence of hazardous materials and geological hazards, and all such hazards are or must be mitigated to the satisfaction of the city prior to acceptance of the site by the city;
(F) Construction of the off-site opportunity housing units must be completed prior to or concurrently with the market rate residential development pursuant to § 9.36(e).
(4) Location. Where the market rate residential development is located in a district plan area, the following will apply:
(A) The off-site opportunity housing units for the residential development must be located within the same district plan area.
(B) If at the time of submission of the affordable housing plan pursuant to § 9.32, the developer has petitioned and provided credible documentation in writing to the Community Development Department that there is insufficient available land within the district area plan to construct the off-site opportunity housing units, the opportunity housing units may be constructed upon a site approved by the city in another area in the city.
(5) Incentives. In cases where opportunity housing units are constructed off site, the tools and incentives described in Article III apply only to the site hosting the opportunity housing units.
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