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Denied on Second Reading <br />1. Amount. The City Council finds that studies performed by <br />municipalities within the vicinity of the City reasonably calculates <br />the impact to the City, including the City's finances and the welfare <br />of the City's residents, of market -rate dwelling units being <br />developed in the City. Accordingly, the fee in lieu is set initially at <br />$9.24 per square foot of finished market -rate for -sale housing, and <br />$4.72 per square foot of finished market -rate rental housing. The <br />fee in lieu of providing any required fraction of a unit shall be pro- <br />rated based on its proportional share (fractional quantity divided by <br />total number of units required) of the amount of fee in lieu that <br />would be required for the whole development. The City Manager <br />shall periodically recalculate the fee in lieu and present the <br />recalculation to the City Council. <br />2. Timing of payment. A developer or builder shall pay the fee in <br />lieu for each market -rate unit as a prerequisite for receiving the <br />building permit for that unit. The fee paid shall be the fee in effect <br />at the time of the submittal of a complete building permit <br />application for the development, whichever is later. <br />C. Off -site location. Except for affordable units provided in <br />connection with a rezoning from commercial to residential uses pursuant to <br />Section 17.44.050.A.5 of this Code or approval of residential development <br />pursuant to a Special Review Use, aAdeveloper or builder may seek to provide <br />affordable units within the City in a different location than the development of the <br />market -rate units. <br />1. Quantity required. The developer or builder shall provide no less <br />quantity of affordable housing than would have been required on - <br />site. <br />2. Location restrictions. The affordable units may not be located in <br />a low to moderate income area as designated by the U.S. <br />Department of Housing and Urban Development, unless an <br />exception is granted by the City Council pursuant to subsection H <br />of this Section. <br />3. Existing housing. Existing homes may be acquired and deed <br />restricted as affordable if they are in good repair in the <br />determination of the City Manager based on an inspection paid for <br />by the developer but commissioned by the City, carry a warranty <br />of sufficient scope and duration to protect the resident from <br />significant preexisting deficiencies, and are not already burdened <br />by restrictions requiring them to be kept affordable or restrictions <br />similar in effect. <br />Ordinance No. 1839, Series 2022 <br />Page 8 of 16 <br />