CHAPTER 6A. AFFORDABLE HOUSING.* **
Article IV. Requirements for Rental Projects.
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
(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
(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).)