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A. Except as is otherwise provided in this section, a developer/subdivider may construct new affordable housing units within the project area of the overnight accommodation, or on other suitable property within the City.

1. Construction requirement review procedures may be consolidated with procedures generally applicable to the review of the underlying overnight accommodations application (e.g., site plan review), as necessary.

B. The construction requirement is determined by dividing the finished floor area (or total units) of the type of overnight accommodation by the floor area factor (or unit factor) and multiplying the result by the AH unit mitigation number for the type of housing to be constructed. Where the mitigation number results in a decimal of 0.5 or higher, the number of required units to be constructed shall be rounded to the next highest whole number.

Development Type

Income Category

AH Unit Mitigation

Floor Area Factor or Unit Factor

FILC Mitigation

Per _____

Hotel/Motel

Extremely Low-Income

5.43

60,000 sq. ft.

$15.57

Sq. Ft.

Very Low-Income

6.36

60,000 sq. ft.

$15.57

Sq. Ft.

Low-Income

10.87

60,000 sq. ft.

$15.57

Sq. Ft.

Moderate

229.16

60,000 sq. ft.

$15.57

Sq. Ft.

Condominiums

Extremely Low-Income

4.07

100 condo units

$5.18

Sq. Ft.

Very Low-Income

4.76

100 condo units

$5.18

Sq. Ft.

Low-Income

8.14

100 condo units

$5.18

Sq. Ft.

Moderate

171.61

100 condo units

$5.18

Sq. Ft.

Townhomes

Extremely Low-Income

8.41

100 townhomes

$8.77

Sq. Ft.

Very Low-Income

9.85

100 townhomes

$8.77

Sq. Ft.

Low-Income

16.85

100 townhomes

$8.77

Sq. Ft.

Moderate

355.07

100 townhomes

$8.77

Sq. Ft.

Example: a 35,000 square foot hotel results in the following: 35,000/60,000 = 0.583 x 10.87 low income units = 6.340 = Construction Requirement of 6 units of low income housing.

C. All affordable housing units constructed under the construction requirement shall meet applicable building codes and use requirements for the zoning district in which they are to be located.

D. The mix of income types for affordable housing units to be developed under the construction requirement will be determined by the City in consultation with the developer on a case-by-case basis based on the needs of the development and feasibility of the site. Affordable housing units must be developed proportionately to the development of overnight accommodations, as further specified in the development improvements agreement between the City and the developer/subdivider and/or the LURA.

E. The area of affordable housing units built pursuant to the construction requirement shall be an average of not less than one thousand square feet per unit. Developers shall provide a mix of one bedroom and larger units based on the expected needs of the project, as further specified in the development improvements agreement and/or the LURA.

F. In cases of the development of new townhomes or condominiums that will be offered or used as overnight accommodations, the developer/subdivider shall satisfy the requirements of this chapter utilizing the construction requirement unless the City determines that construction would be infeasible or impractical, given the: (1) size or scope of the project; (2) site limitations, or (3) existence of other compelling factors.

G. If, given the finished floor area of the project, the construction requirement would result in less than one unit of affordable housing being built, the developer/subdivider shall utilize and pay the FILC that would be applicable to the project.

H. First preference for affordable units built under the construction requirement shall be given to eligible employees of the developer/subdivider who are or will be employed on the developed premises. All tenants of affordable units developed under the construction requirement shall occupy units pursuant to a written lease providing for a tenancy with a duration of not less than a month to month period. (Ord. 18-20 (part), 2018)