Planning Commission Agenda and Packet 2022 06 23

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B. Development of market -rate housing on property rezoned to allow residential development shall include affordable housing, and the City Council finds that 30 percent (30%) is the reasonable proportion at this time, given a:,..,tef aMa community need. C. For purposes of this Chapter, "affordable" shall mean dwelling units that are restricted to ownership or rental by those persons meeting the income qualifications as set forth in Section 17.76.070. A minimum of half of the affordable housing shall be limited to those households at or below sixty percent (60%) of the area median income ("AMP'), with the remainder limited to those persons between sixty percent (60%) and eighty percent (80%) AMI, as calculated by the United States Department of Housing and Urban Development ("HUD"). Sec. 17.76.030 Applicability, administration, and violations. A. This section shall apply only to any development receiving approval of a final plat, final Planned Unit Development (PUD) resulting in the development of 6 or more dwelling, or other similar planning approval after the enactment of this Chapter, or, when an amendment to such approvals is requested after the enactment of this Chapter, this Chapter shall apply to the increase in residential units approved with such amendment. This Chapter shall not apply to a development for which a complete application for a site -specific development plan, as defined in section 17.54.020, has been submitted prior to the effective date of this Chapter, provided the development approved by such site -specific development plan is commenced within the timeframe provided by this Code for issuance of a building permit for such plan. Developments for which an affordable housing restrictive covenant agreement has been entered into with the City prior to the effective date of this chapter may develop in compliance with the affordable housing conditions contained in those agreements. B. The provisions of this Chapter apply to any dwelling unit that is removed and rebuilt, except as follows: Calamity: The provisions of this subsection shall not apply to non - affordable dwellings that may have been removed or caused to be removed by fire, flood, wind, act of nature or another calamity. Such dwelling units may be replaced without meeting the inclusionary housing requirements of this chapter at the time preferred by the property owner. Deed restricted affordable dwelling that may have been removed or caused to be removed by fire, flood, wind, act of nature or other calamity must be replaced and include the deed restriction. 2. Safe and Habitable: The provisions of this subsection shall not apply to dwellings to be removed, if, at the time of removal, such unit is considered to be an unsafe structure, a structure unfit for human Ordinance No. XXXX, Series 2022 Page 4 of 15 24