17.69.060 Dedication.
A. As an alternative to the construction requirement or payment of the FILC, a developer/subdivider may, subject to City Council approval, elect to dedicate to the City real property with a current fair market value which is equal to or greater than the FILC which would otherwise be payable in conjunction with the overnight accommodation development. The following must be shown to satisfy a dedication:
1. The property must be within the City limits or be subject to annexation within a reasonable period of time;
2. The property must have legal access to a public street;
3. Domestic water, sewer, and other public utilities must be available in reasonable proximity to the property;
4. The value of the property must be confirmed by a current appraisal from a properly licensed and qualified appraiser;
5. The property must be conveyed to the City (or its designee) via warranty deed, free of all liens or encumbrances; and
6. The property must have a zoning designation that permits housing uses.
B. The City Council, in its discretion, may review the proposed conveyance to determine if the property meets the above criteria and is otherwise suitable for dedication as affordable housing. If approved, the dedication will be confirmed in a written development agreement with the developer. The Council may properly reject a proposed dedication if it determines that the property has one or more attributes or conditions which would render development infeasible or impractical.
1. By way of example only, and not of limitation, a property may be deemed infeasible or impractical for development due to: (a) extreme topography; (b) unsuitable soil or geotechnical conditions; (c) excessive cost for roads, utilities, or other infrastructure; (d) lack of proximity to schools, stores, or other necessary services; (e) unsatisfactory environmental conditions; (f) inadequate size; or (g) other legal, financial, or physical conditions negatively affecting prospects for development.
C. Dedicated property shall be developed, either individually or in conjunction with other parcels, for affordable housing. (Ord. 18-20 (part), 2018)