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In order to provide for affordable rental and or ownership opportunities for very low, lower, and/or moderate income households, there shall be a Third Street and Oakdale Avenue Affordable Housing Special Use District at 4800 Third Street located at the southwest corner of the block bounded by Oakdale Avenue, Third Street, Palou Avenue, and Newhall Street, consisting of Lot 45 of Assessor's Block 5322, 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% of the total units of a housing development for lower income households; or 2) 10% of the total units of a housing development for very low income households; or 3) 20% of the total units in a condominium project for persons and families of moderate income shall be entitled to a density bonus to permit the construction of residential units in excess of the number otherwise permitted for the subject property.
(b) For purposes of this Section, the following definitions shall apply:
(1) "Density bonus" shall mean a density increase of at least 29% over the otherwise maximum allowable residential density under the applicable zoning ordinance (one unit per 600 square feet of lot area), which is equivalent to an additional 4 units over the currently permitted 14 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 very low, low, or moderate 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 Health and Safety Code Section 50105.
(6) "Persons and families of moderate income" is defined in Section 1351 of the Civil Code.
(c) In this special use district all of the provisions of this Code applicable to residential development in an NC-3 Zoning District shall continue to apply, except as specifically provided in Subsection (d).
(d) In this special use district a modification to, exception from, or variance 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 and a zoning variance for a housing development subject to this Section may modify or grant the following modifications, exceptions, or variances 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 or that the variance satisfies the criteria of Section 305 of this Code. The following modifications to or exceptions from the requirements of this Code are appropriate in order to further the goal of creating affordable housing.
(1) A modification of or exception to the off-street parking requirements of Section 151 of this Code to allow a reduction in the number of required parking spaces to 11 spaces; and;
(2) A modification of or exception to the rear yard requirements of Section 134 of this Code to allow a rear yard in the form of an inner court.
(e) In evaluating a conditional use application to grant a density bonus or exceptions to the Planning Code under this Section, the Planning Commission shall consider the extent to which the dwelling units of a proposed housing development would be affordable.
(f) In the event that the units as described in Subsection (a) are not constructed as specified by December 31, 2008 the controls of this Section 249.30 shall expire on January 1, 2009.
(Ord. 37-06, File No. 051563, App. 3/10/2006)