Sec. 6A-4-10. Standards applicable to rental projects.

(a) Percentage of Affordable Units.
(1) Pursuant to this chapter, Section 6A-3-20, any developer of a multifamily rental project of at least ten units shall make at least twenty percent of the units on-site affordable to and occupied by very low income households and ten percent of the units affordable to and occupied by low income households. In the alternative, the developer may make twenty-five percent of the units affordable to and occupied by very low income households.
(2) As previously outlined, for infill multifamily rental projects of less than forty units located within the redevelopment project area the city council may determine, that based on substantial evidence provided by the developer, standard application of the inclusionary requirement will make the project infeasible to develop. For projects in which such a determination is made, the following shall apply:
(A) The project shall receive at least two of the bonus incentives provided in Section 25-21-25 of the Zoning Ordinance (Bonus Incentive Projects) if the granting of such incentives will allow the developer to meet the standard level of affordability for very low and low income households required by this section.
(B) If, even with bonus incentives, the project is determined to be infeasible under the standard affordability requirements, the project shall be required to include a minimum of at least the percentages of units affordable to very low, low and moderate income households required by California Redevelopment Law, as it may be amended from time to time.
(b) Term of Affordability. The affordable rental units constructed on-site shall be permanently affordable.
(c) Requirements for Construction.
(1) The affordable units in any one multifamily rental residential project shall be identical to the market-rate units in quality, amenities, size, and number of bedrooms. The affordable units shall also be visibly indistinguishable from the market-rate units and not be segregated from the market-rate units. Clustering of affordable units is allowed only if required to facilitate the construction of the project. A developer may meet the residential project’s affordability obligation by either designating specific individual units as affordable units or using a system of “floating units” where the affordable units may change. However, in either option, the residential project must always contain the required number of inclusionary units. The developer shall indicate the preferred option to the city as part of the implementation of the city’s affordable housing monitoring program guidelines.
(2) If a multifamily rental project has a variety of dwelling unit types with different sizes and number of bedrooms, the developer shall designate affordable units in substantially the same proportion as the market-rate units. For example, if a project has one hundred rental units in the following sizes: fifty two-bedroom, forty one-bedroom, and ten three-bedroom and twenty-five of the total number of units are affordable to very low income households (i.e., twenty-five percent), then fifty percent of the affordable units should be two-bedroom, forty percent one-bedroom and ten percent three-bedroom.
(3) The mix of the affordable dwelling units may be disproportionate to the market-rate units if the housing needs assessment in the city’s current housing element supports such a mix (e.g., if there is a greater identified need for three-bedroom affordable dwelling units than two-bedroom units, then there may be a disproportionately greater share of affordable three-bedroom units in the residential project). Nevertheless, the gross number of bedrooms in affordable units may not be proportionately less than the gross number of bedrooms in market-rate units in the residential project and the floor area of the bedrooms in affordable units may not be smaller than those in the market-rate units as demonstrated in the following example:
A multifamily rental residential project has forty one-bedroom, fifty two-bedroom, and ten three-bedroom dwelling units, which equals one hundred seventy total bedrooms in the project. If applying the twenty-five percent very low income obligation, then forty-three (.25 x 170) of the total number of bedrooms in the project must be affordable to and occupied by very low income households. In addition, the total square footage of these forty-three affordable units must not be less than twenty-five percent of the total square footage of all the bedrooms in the project combined.
(d) Criteria for Size and Design of Special Needs Units.
(1) For multifamily rental projects that include units that meet categories of special needs housing, the criteria for size and design of these units will be addressed by the city on a project-by-project basis as guided by the housing element, and based on any new information regarding increased need or demand for special needs housing as it becomes available from the census or other sources. The city will participate in securing funding for those projects that provide special needs housing units in a greater amount of special needs units than required by state or federal law.
(2) Builders of multifamily rental projects shall comply with applicable state or federal laws regarding accessible design features for persons with disabilities. (Ord. No. 1393, § 3 (part); Ord. No. 1487, § 3 (part).)