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The opportunity housing requirement in § 9.06 may be satisfied by the acquisition and substantial rehabilitation of existing market rate units for conversion to opportunity housing units affordable to households at or below 60% AMI only when the Community Development Department determines that the following requirements are met:
(a) Two market rate dwelling units must be acquired and substantially rehabilitated for each opportunity housing unit required, and the overall development must achieve a minimum of 20% opportunity housing units;
(b) The developer provides notice and temporary relocation assistance to existing residents in the units to be rehabilitated and as further required by the opportunity housing guidelines;
(c) The site is zoned for residential development at a density that can accommodate the number of units after the requirements of § 9.12 are met;
(d) The site complies with applicable building and housing code requirements;
(e) A physical needs assessment must be performed by the developer to the satisfaction of the city on each dwelling unit to be acquired and rehabilitated, the site upon which the development is located, and any associated common area, and include:
(1) Items identified for repair, replacement, and maintenance at the time of the assessment and within three years of the assessment;
(2) A plan to complete all identified repairs, replacement, and maintenance prior to the approval of the dwelling unit as an opportunity housing unit; and
(3) Description of the method by which a capital reserve for repair, replacement and maintenance will be established, initially capitalized, and maintained for the duration of the affordability term.
(f) Environmental review of the site has been completed for the presence of water, hazardous materials, radon, lead, environmental toxins, and geological hazards, and is clear of all such hazards to the satisfaction of the city;
(g) The construction schedule for the units to be substantially rehabilitated are included in the affordable housing plan pursuant to § 9.32;
(h) The rehabilitation of the dwelling units are scheduled to be completed prior to or concurrently with the market rate residential development pursuant to § 9.36(e);
(i) The number of bedrooms in the dwelling units to be rehabilitated must be substantially the same as the market rate residential dwelling units, as set forth in the opportunity housing guidelines; and
(j) The term of affordability of the opportunity housing units must be provided pursuant to § 9.37 and must commence upon initial occupancy of the opportunity housing units.
(Ord. 2019-16, passed 2-25-2019)
The opportunity housing requirement in § 9.06 may also be satisfied through partnership with an
, wherein the developer or a related interested party negotiates a financial contribution to an
that is equal to or no less than the equivalent in lieu of payment set forth in § 9.09 in exchange for construction and deed restriction of the required opportunity housing units within the city. This option may only be used when the city is not providing any other additional funds to the same
for the same development. 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.
(a) Be described in the affordable housing plan submitted to the city pursuant to § 9.32;
(b) Meet the requirements of this chapter and the opportunity housing guidelines;
(c) Demonstrate the provision of substantially the same or greater level of affordability and quantity of affordable housing as required pursuant to § 9.06; and
(d) Be approved by the City Council.
(Ord. 2019-16, passed 2-25-2019)
(a) The developer of any of the following types of development that creates 20 or more total dwelling units or preserves 20 or more NOAH units is eligible to use any of the following affordable housing tools and incentives for which it qualifies:
(1) New residential rental and for-sale construction;
(2) New mixed-use development with a residential rental or for-sale component;
(3) Purchase of an existing naturally occurring affordable housing complex;
(4) Renovation and acquisition of a multiple-family residential structure that preserves or increases the number of residential units from the number of units in the original structure;
(5) Conversion of an existing single-family residential structure to a multiple-family residential structure;
(6) Development that changes the use of an existing building from nonresidential to residential;
(7) Development that results in the conversion of rental residential property to condominium property; and
(8) Development located in the opportunity zone.
(b) For developments that include existing units affordable to households with incomes at or below 60% of AMI, to qualify for the tools and incentives of this article a development must have a net gain in total housing units on the site(s) of the development affordable to households with incomes at or below 60% of AMI that is equivalent or greater than the number required in § 9.06.
(c) A development that complies with the requirements of this chapter by payment pursuant to § 9.09 is not eligible to use the affordable housing tools and incentives described in this article.
(d) To use the tools and incentives described in this article, prior to issuance of a certificate of occupancy, the developer of a qualifying development must provide the city with record evidence of a covenant that maintains the opportunity housing units as affordable rental housing to households at or below 60% of AMI or affordable owner-occupied housing to households at or below 110% of AMI, or both as applicable, for a period of no less than 20 years.
(e) Use of an individual tool or incentive described in this article is prohibited if the City Council determines that the resulting development has the potential to negatively impact the surrounding neighborhood and that the negative impacts outweigh the positive benefits of the opportunity units created.
(f) The City Council may, at its sole discretion, allow use of the incentives for developments that create or preserve less than 20 units where the City Council finds it to be in the public's interest.
(a) To incentivize the creation of opportunity housing units, a residential development within a designated transit area and within zoning districts regulating development intensity through units per acre maximums qualify for the following density bonuses for each affordable unit provided at varying household income levels as follows:
(1) Each extremely low and very low income household unit qualifies the overall development for two bonus dwelling units up to a maximum of a 50% increase over current zoning; and
(2) Each low income household unit affordable to households at or below 60% of AMI qualifies the overall development for one bonus dwelling unit up to a maximum of a 50% increase over current zoning.
(b) In no instance may density bonus units be allocated to parcels designated by the comprehensive plan for residential densities of less than five dwelling units per gross acre.
(a) To incentivize the creation of opportunity housing units, a residential development that includes at least 9% of its total dwelling units affordable to households at or below 60% of AMI may reduce the required minimum site area as follows unless the City Council determines that the reduction is likely to create a specific adverse public health, safety, or welfare impact or would otherwise conflict with local, state, or federal regulations, rules, or laws:
(1) A development with at least 9% of its units qualifying as extremely low income affordable housing may reduce minimum site area requirements by up to 50%;
(2) A development with 9% of its units qualifying as very low income affordable housing may reduce minimum site area requirements by up to 25%; or
(3) A development with 9% of its units qualifying as low income affordable housing may reduce minimum site area requirements by up to 10%.
(b) The minimum site area reductions provided in this section are not cumulative. Each qualifying development is eligible for only one minimum site area reduction of 10%, 25%, or 50% depending on the level of affordability provided.
(Ord. 2021-1, passed 3-8-2021)
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