Sec. 6A-4-30. Land dedication for rental projects.

(a) Land Dedication Option.
(1) A developer may be allowed to make an irrevocable offer of dedication to the city or its designee of sufficient land to satisfy the affordability requirement under this section, if either:
(A) The developer demonstrates to the city council that it is not feasible to develop the affordable dwelling units on-site as part of the rental residential project; or
(B) In the judgment of the community development director, the developer’s proposed land dedication would accomplish the objectives of this chapter.
(2) Dedicated sites for rental residential projects shall be a minimum of two acres unless the city agrees to a smaller site based on a special housing need. The dedicated site shall be economically feasible to develop, of sufficient size to build the required number of affordable units and physically suitable for development of the required affordable units prior to the dedication of the land. The dedicated site shall also have appropriate general plan designation and zoning to accommodate the required units, be fully improved with infrastructure, frontage improvements (i.e., curb, gutter, walk), paved street access, utility (i.e., water, gas, sewer and electric) service connections stubbed to the property lines, and other such off-site improvements as may be necessary for development of the required affordable units or as required by the city.
(3) The city may approve, conditionally approve, or reject such offer of land dedication of any specific property. If the city rejects such an offer of land dedication, the developer shall be required to meet the affordable housing obligations by other means set forth in this chapter.
(b) Density Credit. In determining the amount of land to dedicate to satisfy a developer’s affordable housing obligation, the developer shall receive credit for the base density of the dedicated site (e.g., twenty units per acre if the dedicated parcel is zoned R-20).
(c) Development of Dedicated Land. Within one year from the date of conveyance of the dedicated land to the city, the city shall determine, at its discretion, whether the dedicated land will be:
(1) Developed by the city to produce the required affordable dwelling units; or
(2) Conveyed to an affordable housing developer approved by the city to produce the required affordable dwelling units. The city council shall determine which affordable housing developer shall be conveyed the land required to produce the affordable dwelling units. (Ord. No. 1393, § 3 (part); Ord. No. 1487, § 3 (part).)