A. Affordable housing plan.
1. An application for a residential development shall include an Affordable Housing Plan describing how the development will comply with the provisions of this chapter. The Community Development Director or their designee is the reviewing authority for reviewing and approving an affordable housing plan. No application for a residential development may be deemed complete unless an affordable housing plan is submitted in conformance with this chapter. The city has the ability to attach conditions of approval to an affordable housing plan, if determined necessary.
2. An approved affordable housing plan may be amended prior to issuance of any building permit for the residential development or project phase. A request for a minor modification may be granted by the Community Development Director or their designee if the modification is in substantial compliance with the original affordable housing plan and conditions of approval. If significant modifications are requested, a new affordable housing plan may be required.
3. An affordable housing plan shall include, but not be limited to, the following:
a. The number of affordable units proposed, with calculations;
b. The proposed location of the affordable units;
c. Level of affordability for affordable units;
d. The unit square footage, and number of bedrooms for market rate and affordable units and tenure (ownership or rental);
e. Amenities and services provided, such as common spaces, parking, laundry rooms, fitness centers, and other facilities in the residential development;
f. Construction schedule for all units;
g. Alternatives requested, if applicable;
h. Incentives requested, if applicable; and
i. Evidence to justify any requested alternative or incentive, if applicable.
B. Affordable housing agreement.
1. An applicant shall enter into an affordable housing agreement with the city in a form acceptable to the City Attorney, and executed by the City Manager or their designee, to ensure that all the requirements of this chapter are satisfied. The affordable housing agreement shall be recorded against the residential development prior to final subdivision map approval, or, where a subdivision map is not being processed, prior to issuance of any building permits, with the exception of demolition permits for such parcels or units. The agreement shall be recorded with the office of the Orange County Recorder. The affordable housing agreement shall be binding on the applicant and all future owners and successors in interest thereof.
2. The affordable housing agreement shall include all information requested in the affordable housing plan and any other provisions necessary to ensure that the requirements of this chapter are satisfied.
3. The affordable housing agreement shall include provisions for resale restrictions, monitoring affordability of the units, and the eligibility of potential purchasers or renters.
4. An affordable housing agreement is not required for residential development which will comply with the requirements of this chapter through payment of an in-lieu fee.
(Ord. 1242, passed 8-15-23)