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SEC. 249.17.  THIRD STREET AND ARMSTRONG AVENUE AFFORDABLE HOUSING SPECIAL USE DISTRICT.
   In order to provide for affordable rental opportunities for very low, lower and/or moderate income households, there shall be a Third Street and Armstrong Avenue Affordable Housing Special Use District, consisting of Lot 6 of Assessor's Block 5419, as designated on Sectional Map 10SU of the Zoning Map. The following provisions shall apply within such special use district:
   (a)   Any developer of housing who agrees to construct at least (1) 20 percent of the total units of a housing development for lower income households or (2) 10 percent of the total units of a housing development for very low income households, shall be entitled to a density bonus upon approval by the City Planning Commission as a conditional use under Section 303 of this Code.
   (b)   For purposes of this Section, the following definitions shall apply:
      (1)   "Density bonus" shall mean a density increase of 43 percent over the number of dwelling units otherwise permitted in the district. The density bonus shall not be calculated as part of the total units for purposes of determining the percentage of designated units.
      (2)   "Designated unit" shall mean a housing unit identified and reported by the developer of a housing development as a unit that is affordable to households of low or very low income.
      (3)   "Housing development" shall mean five or more dwelling units.
      (4)   "Lower income households" is defined in Section 50079.5 of the Health and Safety Code.
      (5)   "Very low income households" is defined in Section 50105 of the Health and Safety Code.
   (c)   In this district all of the provisions of this Code applicable to residential development in an M-1 Zoning District shall continue to apply, including the requirement that conditional use authorization be obtained to permit residential development, except as specifically provided in Subsection (d).
   (d)   In this special use district a modification to or exception from otherwise applicable requirements of this Code may be appropriate in order to further the critical goal of creating affordable housing. A conditional use approval for a housing development subject to this Section may modify or grant the following modifications or exceptions to the requirements of this Code if the facts presented are such as to establish that the modification or exception satisfies the criteria of Subsections 303(c)(1) through 303(c)(3) of this Code:
      (1)   A modification of off-street parking requirements of Section 151 of this Code to allow the total number of on-site parking spaces to exceed 150 percent of the Code-required number of parking spaces;
      (2)   A modification of the rear yard requirements of Section 134 of this Code to substitute at a minimum an equivalent amount of open space situated anywhere within this special use district.
   (e)   The controls of this Section shall remain in effect until December 31, 2002.
(Added by Ord. 395-96, App. 10/21/96)