Code Section: 315

Subject: Section 315 Application to Projects which Represent Additions to Existing Development

Effective Date: 05/08

Interpretation:

   Pursuant to Section 315.3(a), this program applies to "housing projects of five or more units where an individual project or a phased project is to be undertake and where the total undertaking comprises a project with five or more units, even if the development is on a separate but adjacent lots." However, there has been some question about how to apply the requirements of the Residential Inclusionary Affordable Housing Program to projects which consist of an existing building which is adding units.

   The Inclusionary Affordable Housing Program is intended to mitigate the impacts of the development of new market rate housing on affordable housing demand, per the Residential Nexis published in April 2007 to support the Program. Therefore, the Program is clearly intended to apply to projects involving 5 or more new dwelling units, as stated in the August 22, 2006 Memo summarizing the recent changes of Ordinance Numbers 231-06 and 219-06 to the Inclusionary Affordable Housing Program (see **attached). ** The memo referenced is not set out herein but is available for review in the offices of the City.

   Therefore, this Program should be applied to any projects which represent, in sum total, a net addition of five or more units, including multi-phase or multiple lot residential development which will eventually result in five net new units. Existing units which are not part of this phased development should not be subject to this program. This requirement shall be effective immediately.