HomeMy WebLinkAboutCC Ordinance 2337 - Amending Chapter 21.24 and 21.14 (Overlay/Combining Districts)ORDINANCE NO.2337
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AMENDING CHAPTER 21.24 (INCLUSIONARY
HOUSING ORDINANCE) AND CHAPTER 21.14
(OVERLAY/COMBINING DISTRICTS) OF THE CAMPBELL
MUNICIPAL CODE TO FACILITY APPROVAL OF HOUSING
DEVELOPMENT PROJECTS AND TO CLARIFY RELATED
REGULATORY REQUIREMENTS. FILE NO. PLN-2025-135.
WHEREAS, after notification and public hearing, as specified by law and after
presentation by the Community Development Director, proponents and opponents, the
hearing was closed.
WHEREAS, the subject ordinance will amend Chapter 21.24 (Inclusionary Housing
Ordinance) and Chapter 21.14 (Overlay/Combining Districts) of the Campbell Municipal
Code and Chapter 21.14 (Overlay/Combining Districts) to facilitate approval of housing
development projects and to clarify related regulatory requirements.
WHEREAS, housing prices and rents in the City of Campbell have increased at a
significantly higher rate than general wages. The lack of affordable housing in Campbell
forces many residents to pay a very high percentage of their income for housing or to
commute considerable distances, adding to air pollution and traffic congestion in
Campbell and throughout Santa Clara County. The lack of affordable housing has made
it more difficult to recruit workers from out of the area, in general, especially workers in
lower -paying jobs, potentially affecting the economic vitality of the Campbell. New
housing developments do not, to any appreciable extent, provide housing affordable to
lower income households. As a result, there is a severe shortage of lower income housing
as evidenced by the following:
a. According to the 2023-2031 Final Regional Housing Needs Allocation
(RHNA) Plan for the San Francisco Bay Area, prepared by the Association
of Bay Area Governments (ABAG), over half (56%) of the City's housing
need is for very -low, low, and moderate -income households.
b. According to the U.S. Census Bureau, American Community Survey 5-Year
Data (2015-2019) 44.6% of renters, and 27.4% of homeowners, in
Campbell are cost burdened, spending more than 30% of their income on
housing.
WHEREAS, the proposed amendments to Chapter 21.24 (Inclusionary Housing
Ordinance) of the Campbell Municipal Code include additional findings in Section
21.24.010 (Purpose and findings.) which are included herein by reference.
WHEREAS, the proposed amendments would be consistent with the 2040 General Plan
and 2023-2031 Housing Element of the City of Campbell including, but not limited to, the
following:
2040 General Plan
Goal LU-3: Employ creative approaches to providing a range of
affordable housing options in Campbell while protecting the character of
established neighborhoods.
LU-3.a: Implement the programs in the Housing Element in order to
achieve the city's housing goals.
2023-2031 Housing Element
Program H-1a: Inclusionary Housing Ordinance Implementation:
Amend the Inclusionary Housing Ordinance to offer developers a menu
of options for achieving affordability, adjusting the percentage of units
required to be affordable depending on the degree of affordability
achieved (i.e., moderate-, low-, very low-, and extremely low income).
These amendments could also include:
Initiating a nexus study to reevaluate increasing the affordable
housing in -lieu fee.
Updating the inclusionary ordinance to require for -sale projects
to provide the same allocation of units available to lower -income
and very low-income units that is required for rental projects."
Modifying the In -Lieu Fee threshold to apply only to
developments of 5-9 units. Housing developments of 10 or more
units would not be allowed to substitute affordable units with in -
lieu fees.
WHEREAS, the legislature of the State of California has, in Government Code Sections
65302, 65560 and 65800, conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety and general welfare of its
citizenry.
WHEREAS, the review and adoption of the proposed amendments is done in compliance
with California Government Code Sections 65853 through 65857, which require a duly
noticed public hearing of the Planning Commission whereby the Planning Commission
shall provide its written recommendation to the City Council for its consideration.
WHEREAS, adoption of the proposed Ordinance is considered a "project" under Section
15378(a)(1) of the California Environmental Quality Act (CEQA).
WHEREAS, the proposed Ordinance may be found exempt from environmental review
under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that
there is no possibility that the proposed changes to the City's Municipal Code may have
a significant effect on the environment.
WHEREAS, the legislature of the State of California has, in Government Code Sections
65302, 65560 and 65800, conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety and general welfare of its
citizenry.
WHEREAS, the proposed amendments will not be detrimental to the public interest,
health, safety, convenience, or general welfare of the city.
WHEREAS, the proposed amendments are internally consistent with other applicable,
provisions of the Campbell Municipal Code and Zoning Code.
WHEREAS, in consideration of the adoption of the subject Ordinance, the City Council
provided due consideration of all evidence presented and provided in the entire
administrative record.
THEREFORE, the City Council of the City of Campbell does ordain as follows:
Section 1. Chapter 21.24 (Inclusionary Housing Ordinance) of the Campbell
Municipal Code is hereby amended to read as set forth in Exhibit A with underlining
(underlining) indicating new text and strikeouts (stFili s) indicating deleted text.
Section 2. Section 21.14.070.C.4. (Mixed -use development.) of the Campbell
Municipal Code is hereby amended to read as follows with underlining indicating new
text and strikeouts (GtFi�LTT keeut indicating deleted text:
4. Mixed -use development. Where the City's adopted Form -Based Zone Map
designates a "Tier 1" ground -floor non-residential requirement, the project must
adhere to all corresponding regulations outlined in the adopted Multi -Family
Development and Design Standards, established in accordance with Campbell
Municipal Code Section 21.07.030 (Multi -Family Development and Design
Standards Document and Form -Based Zone Map adopted). This eligibility
standard shall not apply to housing development projects that meet the criteria of
Government Code Section 65915(b)(1)(G) and are located outside of the
"Downtown Development Plan" boundary depicted on General Plan Figure LU-2
(Special Planning Areas); and
Section 3. Section 21.14.070.D.1. (Increased density bonus.) of the Campbell
Municipal Code is hereby amended to read as follows with underlining indicating new
text and strikeouts (st&eeot) indicating deleted text:
1. Increased density bonus. The following density bonuses shall be offered to
projects which provide a greater percentage of very -low, low-, or moderate -income
housing units, by category, than otherwise required by State Density Bonus Law
but less than required to qualify for an additional density bonus under state law. In
no case shall the combination of the density granted under this Section and any
other law result in a total density bonus that is greater than seventy percent e, xcept
for bonus unit granted for providing small-scale housing units in accordance with
Campbell Municipal Code Section 21.20.060.B.3. (Density bonus for providing
small-scale housing units). Further, density bonuses provided for by this Section
may not be combined across income categories and shall be calculated consistent
with Campbell Municipal Code Section 21.20.050.A (Number of units) excepting
that for Step 2 - the corresponding percentage density bonus shall be calculated
based on the values indicated in the tables below.
Section 4. Section 21.14.070.D.3. (Extended permit approval.) of the Campbell .
Municipal Code is hereby amended to read as follows with underlining indicating new
text and strikeouts (strikeout) indicating deleted text:
3. Extended permit approval. Projects qualifying for an increased density bonus of
any amount, in accordance with CMC Section 21.14.070.D.1., shall be granted a
tI*Feefive-year permit approval for the first approval of all land use entitlements
permits. The permit approval period of post -entitlement permits, such as building
permits, and/or land use entitlements granting subsequent extensions of approval,
and/or modifications to the first land use approval, shall not be extended as an
incentive of this Section.
Section 5. If any section, sentence, clause, phrase, word, or other provision of this
Ordinance is for any reason held to be unconstitutional or otherwise invalid, such holding
shall not affect the validity of the remaining sections, sentences, clauses, phrases, words
or other provisions of this Ordinance, or the validity of this Ordinance, shall stand
notwithstanding the invalidity of any section, sentence, clause, phrase, word or other
provision.
Section 6. The proposed Ordinance is exempt under Section 15061(b)(3) of the
California Environmental Quality Act (CEQA) as there is no possibility that the proposed
changes to the City's Municipal Code may have a significant effect on the environment.
Section 7. The City Council further finds and determines that the proposed Ordinance
is consistent with the goals, policies, and actions of the 2040 General Plan and the 2023-
2031 Housing Element.
Section 8. That this Ordinance shall become effective thirty (30) days following its
passage and adoption and shall be published, or summary thereof, one time within
fifteen (15) days upon passage and adoption in the Metro Silicon Valley, a newspaper
of general circulation for the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 2nd day of December, 2025, by the following roll
call vote:
AYES: Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
APPROVED
ATTEST: i
Andrea San hers, City Clerk
Exhibit A
Chapter 21.24 INCLUSIONARY HOUSING ORDINANCE'
21.24.010 Purpose and findings.
A. The purpose of this Chapter is to enhance the public welfare by establishing
policies which facilitate the availability of housing affordable to a broad range of
households with varying income levels within the City of Campbell, meet the City's
regional share of housing needs, and implement the goals and objectives of the
General Plan and Housing Element.
B. The City Council desires to encourage the development of inclusionary units to be
located upon the same site as market rate residential development to provide for
integration of lower income households with households in market rate
neighborhoods and to disperse Inclusionary Units throughout the City where new
residential development occurs.
C. The City's Housing Element recognizes that affordable housing is a critical
component to the City's economic and social health. Establishing policies which
facilitate the availability of housing affordable to a broad range of households with
varying income levels within the City of Campbell is consistent with and will
implement the City's Housing goals, policies, and programs for Affordable Housing
which include, but are not limited to, the following:
1. Goal 1: Improve Housing Affordability in Campbell - Encourage the Production
of Affordable Housing; and
2. Program H-1a (Inclusionary Housing Ordinance Implementation).
D. Providing affordable housing for new employees in lower income jobs locally (rather
than leaving those employees to obtain housing in lower cost areas far from
Campbell employment centers and transit corridors) helps minimize housing's
contribution to greenhouse gas emissions and locating housing to reduce vehicle
miles traveled and auto dependency. If the increased demand for affordable
housing is not addressed within Campbell it will cause such housing to be built
elsewhere, in areas with lower land values that are far from city employment
centers and transit corridors, and the resulting commuting will cause increased
traffic and transit it
and consequent noise and air pollution.
E. If the increased demand for affordable housing is not addressed within Campbell it
may also impact economic growth in that businesses within the city may find it more
difficult to attract and retain the variety of workers that they need.
'Ord. No. 2318, § 1(Exh. A), adopted Sep. 3, 2024, repealed the former Ch. 21.24, §§ 21.24.010-21.24.100, and
enacted a new Ch. 21.24 as set out herein. The former Ch. 21.24 pertained to similar subject matter and
derived from Ord. 2074, Att. 3 (part), adopted 2006; Ord. No. 2206, § 14, adopted Aug. 2, 2016; Ord. No.
2252, § 20, adopted Nov. 19, 2019; Ord. No. 2293, § 1(Exh. B), adopted May 2, 2023.
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Government Code section 66001(A)(4) by establishing the reasonable relationship
between the need for affordable housing and the development of market -rate
housing.
K. It is the intent of the City that the in -lieu housing fee established by this Chapter
shall be supplementary to any conditions imposed upon a market -rate housing
project pursuant to other provisions of the Municipal Code, the Subdivision Map
Act, the California Environmental Quality Act, and other State and local laws, which
may authorize the imposition of project specific conditions on development.
L. High housing costs relative to income can contribute to overcrowding which has
been found to contribute to impacts to public health, safety, and welfare according
to the U.S. Department of Housing and Urban Development's 2007 report on
"Measuring Overcrowding,in Housing" and the Center for Disease Control's 2020
publication on "Health Effects of Housing.
M. The requirements of this Chapter are adopted pursuant to the City's police power
authority to protect the public health, safety, and welfare. The requirements of this
section are consistent with Housing Element goals related to protecting the public
welfare by fostering an adequate supply of housing for persons at all economic
levels and maintaining both economic diversity and geographically dispersed
affordable housing.
(Ord. No. 2318, § 1(Exh. A), 9-3-2024)
21.24.020 Applicability.
This chapter shall not apply to rental projects or for -sale projects that are developed
in accordance with, and subject to, a recorded governmental agency deed restriction or
regulatory agreement that imposes affordable rent, occupancy, and eligibility restrictions
or affordable ownership cost and sale price restrictions with associated eligibility and
occupancy restrictions on all residential units in the development, except for manager's
units. Such deed restriction or regulatory agreement must be recorded against the
property, be binding on successors in interest for at least the same duration as required
by this chapter, and be executed by the property owner and any of the following entities
or agencies: the City of Campbell, the County of Santa Clara, the California Tax Credit
Allocation Committee, the issuer of tax-exempt bonds used to finance the residential
development, the California Department of Housing and Community Development or
any other State of California agency, and the U.S. Department of Housing and Urban
Development or any other federal agency.
(Ord. No. 2318, § 1(Exh. A), 9-3-2024)
21.24.030 Definitions.
As used in this chapter, the following terms shall have the meanings set forth
below:
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over the management, use, development, or transfer of an interest in another
contiguous lot; or
(b) aligns the management, use, development, or transfer of an interest in one or
more contiguous lots with the management, use, development, or transfer of an interest
in another contiguous lot all in Common Ownership, or makes the management, use,
development, or transfer of an interest in one or more contiguous lots dependent on the
management, use, development, or transfer of an interest in another contiguous lot all in
Common Ownership.
Exception: Notwithstanding the foregoing, lots shall not be deemed to be in
common ownership where the property owner(s) submit a sworn affidavit, in a form
acceptable to and approved by the City Attorney, demonstrating to the City's
satisfaction that the lots are not subject to common ownership or control as otherwise
defined by this section.
"Extremely low-income household" means a household whose household income
does not exceed thirty percent of the area median income in Santa Clara County, as
published and periodically updated by the State Department of Housing and Community
Development pursuant to Section 50105 of the California Health and Safety Code.
"Fee Satisfied Affordable Unit Obligation" means any affordable housing unit
obligation to be satisfied by payment of an in -lieu housing fee in accordance with
Campbell Municipal Code Section 21.24.070.C. (In -Lieu Fee) before application of the
requirement to construct the next higher whole number of affordable units.
"First approval" means the first of the following approvals to occur with respect to a
residential project: building permit, tentative parcel map, tentative subdivision map,
conditional use permit, site and architectural review permit, or other discretionary city
land use approval.
"For -sale project" means a residential project, or portion thereof, which is intended
to be sold to owner -occupants upon completion.
"Household income" means the combined adjusted gross income for all adult
persons living in a living unit as calculated for the purpose of the Section 8 Program
under the United States Housing Act of 1937, as amended, or its successor.
"Initial Affordable Unit Obligation " means the total calculated affordable housing
unit obligation of a residential proiect as required by Section 21.24.040 (General
requirements.) before application of the requirement to construct the next higher whole
number of affordable units.
"Inclusionary housing agreement" means an agreement between the city and an
applicant, governing how the applicant shall comply with this chapter.
"Livable area" means the total square footage of the interior of all dwelling units
within a residential development that a tenant can occupy and use as measured from
the interior face of the exterior walls. This area specifically includes all living spaces,
kitchens and bathrooms, and usable closet and storage spaces within a dwelling unit.
This definition specifically excludes common areas such as hallways, elevators,
stairwells, mailrooms, multi -use rooms, indoor pool rooms, mechanical rooms, lobbies,
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e�/•Idef� n e� n i n e� i n OF n�n� t rTrvIr�/cnzl� Bu n- f^vr 6elTcrcd b� same Y
land use approval, shall also be rVeRsidered -;; residential pFejeGt. C;9RStFUGti9R shall be
r__en_,;.deFed GORtemperaReous for all units Whor__h de not have GOrnpleted final
fOF OGGUnannv and Whioh hawe outstanding, at any one time any one or mere of the
following: paFGel map, subdivision eapprovals,ther land use
building e •
2 Gar a residentiaejeGsubmitted one -year or mere after of the effentiye elate of
thir• Ghanter "Residential means, any parcel map, subdivision map, conditional
use permit, site and architectural review permit, building permit, or other city approval,
which authorizes five or more living units or residential lots, or living units and residential
lots with five or more in combination, exclusive of any proposed accessory dwelling
units. In order to prevent evasion of the provisions of this chapter, contemporaneous
construction of five or more living units on a lot, or on contiguous lots for which there is
evidence of common ownership or control, even though not covered by the same city
land use approval, shall also be considered a residential project. Construction shall be
considered contemporaneous for all units which do not have completed final inspections
for occupancy and which have outstanding, at any one time, any one or more of the
following: parcel map, subdivision map, or other discretionary city land use approvals, or
building permits, or applications for such an approval or permits.
"Very low-income household" means a household whose household income is
greater than thirty percent and does not exceed fifty percent of the area median
income in Santa Clara County, as published and periodically updated by the State
Department of Housing and Community Development pursuant to Section 50105 of
the California Health and Safety Code.
(Ord. No. 2318, § 1(Exh. A), 9-3-2024)
21.24.040 General requirements.
A. Percentage requirement. At least fifteen percent of all living units, excluding any
density bonus units and accessory dwelling units, in a residential project shall be
made available at affordable rents or affordable ownership cost as prescribed in
this section and shall be approved and completed not later than the times
prescribed in Section 21.24.050 (Time performance.), unless an alternative mode of
compliance is approved as set forth in Section 29.24.070 (Alternatives.), of this
chapter. When the percentage requirement results in a fraction of units, the owner
of the property shall round fraGtional units as fellews.
s#a4l-construct the next higher whole number of affordable units.
Page 7 of 15
provided for by Section 66300.6 of the California Government Code, second (for up
to ten percent of all affordable units subject to this chapter) to income eligible
employees of the City of Campbell, third to income eligible existing Campbell
residents, and fourth to income eligible persons employed within the city limits of
the City of Campbell.
(Ord. No. 2318, § 1(Exh. A), 9-3-2024)
21.24.050 Time performance.
A. Application requirements. An application for first approval of a residential project will
not be deemed complete until the applicant has submitted plans and proposals
which demonstrate the manner in which the applicant proposes to meet the
requirements of this chapter, including any plans for the construction of on -site units
pursuant to Section 21.24.040 (General requirements.) of this chapter or the
applicant's selection of an alternative mode of compliance pursuant to Section
21.24.070 (Alternatives.) of this chapter.
B. Conditions. Conditions to carry out the purposes of this chapter shall be imposed
on the first approval for a residential project. Additional conditions may be imposed
on later city approvals or actions, including without limitation tentative parcel maps,
tentative subdivision maps, conditional use permits, housing development permits,
site and architectural review permits, or building permits. The conditions of approval
included with the first approval of the residential project shall further provide that
prior to the recordation of the parcel map or final map in the case of subdivisions
and or prior to the issuance of building permits in the case of all other land use
permits to which this chapter applies, the applicant shall enter into an inclusionary
housing agreement acceptable to the community development director that
contains specific requirements. implementing the condition of approval including,
but not limited to, as applicable, the number of affordable units, the level(s) of
affordability, location and type of affordable units, timing of construction of
affordable units in relation to the construction of the market rate units contained in
the development, preferences given in selecting occupants, and amount of the in -
lieu fee, if any. The inclusionary housing agreement may be amended by the
parties, provided the amendment is consistent with the condition of approval
imposed as part of the first approval and the then -existing city approvals. If such
proposed amendment is minor or technical in nature, the community development
director shall have authority to approve.or disapprove the amendment on behalf of
the city. If such proposed amendment makes a substantive or material change to
the inclusionary housing agreement, such amendment shall be effective only if,
following notice and hearing and such other procedures as may be required by law,
approved by the city agency that gave the first approval on the project.
C. No building permit shall be issued for any market rate unit until the applicant has
obtained permits for affordable units sufficient to meet the requirements of Section
21.24.040 (General requirements.) of this chapter, or received approval of an
alternative requirement of Section 21.24.070 (Alternatives.) of this chapter. No final
inspection for occupancy for any market rate unit shall be completed until the
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accordance with rules approved by the community development director or his or
her designee.
(Ord. No. 2318, § 1(Exh. A), 9-3-2024)
21.24.070 Alternatives.
An applicant may elect, in lieu of building affordable units within a residential
project, to satisfy the requirements of this chapter by one of the following alternative
modes of compliance, provided that the applicant includes such election in its
application for the first approval of the residential project and that the criteria stated in
the relevant subsection below are satisfied.
A. Off -site construction. Construct, or make possible construction by another
developer of, units not physically contiguous to the market -rate units (or units
that are physically contiguous to the market -rate units if the City determines
this will provide greater public benefit and if an inclusionary housing agreement
acceptable to the Community Development Director or his or her designee
pursuant to Section 21.24.050(B) (Conditions.) of this chapter so provides) and
equal or greater in number to the number of affordable units required under
Section 21.24.040 (General requirements.) of this chapter. Off -site construction
pursuant to this subsection shall be approved only if:
1. Approval has been secured for the off -site units not later than the time the
residential project is approved and completion of the off -site units is
secured by a requirement that final inspections for occupancy for the
related market -rate units be completed after those for the affordable units,
provided that the time requirements set forth in this subsection for final
inspections for occupancy for market -rate units may be modified to
accommodate phasing schedules, model variations, financing
requirements, or other factors in a residential project for the off -site units, if
the City determines this will provide greater public benefit, and if an
inclusionary housing agreement acceptable to the Community
Development Director or his or her designee pursuant to Section
21.24.050(B) (Conditions.) of this chapter so provides;
2. The off -site, units will be greater in number, larger or affordable to
households with lower incomes than would otherwise be required in
Section 21.24.040 (General requirements.) of this chapter;
3. Financing or a viable financing plan is in place for the off -site units;
4. In the event the off -site units receive any public assistance, the developer
of the residential project will contribute to the off -site units economic value
equivalent to the value of making on -site units in the developer's
residential project affordable; and
5. The City may require that completion of off -site units shall be further
secured by the developer's agreement to pay an in -lieu fee in the amount
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lieu housing fee in situations where the fractional obligation is 0.5 or
greater.
3. Calculation of in -lieu fees. In -lieu fees shall be calculated based on the fee
schedule:
a. In effect at the time the fee is paid for a ministerial project application;
b. The date an application was deemed complete for a development project
application; or
c. The date the complete preliminary application was submitted for a project
submitted pursuant to California Government Code Section 65941.1.
If a permit meets more than one of the above criteria, the fee shall be based on
the fee schedule in effect on the date that results in the lowest fee from the list
above.
In -lieu fees shall be paid prior to issuance of building permits. If building
permits are issued for only part of a residential project, the fee amount shall be
based only on the number of units then permitted.
D. Substitution of units. The applicant may elect to provide additional affordable
units, instead of developing the affordable units required in Section 21.24.040
(General requirements.) of this chapter, as set forth below:
1. Very Low -Income Units: The applicant may substitute required very low-
income housing units at a ratio of one to two for low-income units or at a
ratio of one to four for moderate income units.
2. Low -Income Units: The applicant may substitute required low-income
housing units at a ratio of one to two for moderate income units.
(Ord. No. 2318, § 1(Exh. A), 9-3-2024)
21.24.080 Establishment and use of in -lieu housing fees.
A. Initial in -lieu housing fee. The initial in -lieu housing fee shall be set by City Council
resolution based on an affordable housing analysis or nexus study which supports
the initial fee rate and fee calculation method established in this Section.
B. Fee calculation method. The in -lieu housing fee shall be calculated as follows:
In -Lieu Fee x
Fee Satisfied Affordable Unit Obligation
Initial Affordable Unit Obligation
Fractional Affordable Units
Total Affordable Units Required
x Livable Area = Total Due
C. Fee adjustments. The initial fee established, in accordance with Section
21.24.080.A. (Initial in —lieu housing fee.), shall be adjusted annually on July 1,
based on the percentage change in the construction cost index from the previous
year.
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C. The City Attorney shall be authorized to enforce the provisions of this Chapter and
all inclusionary housing agreements, regulatory agreements, resale controls, deeds
of trust, or similar documents placed on affordable units, by civil action and any
other proceeding or method permitted by law.
D. Failure of any official or agency to fulfill the requirements of this Chapter shall not
excuse any applicant or owner from the requirements of this Chapter.
E. The remedies provided for in this Chapter shall be cumulative and not exclusive
and shall not preclude the City from any other remedy or relief to which it otherwise
would be entitled under law or equity.
(Ord. No. 2318, § 1(Exh. A), 9-3-2024)
21.24.110 Phased projects.
A. Purpose. This section serves to ensure that each development phase of a multi-
phase development project contributes its fair share of affordable units and
maintains consistency with the overall project's requirements.
B. Required Affordable Units by Project Phase. Each phase of a development project
must provide at least as many affordable units, by income level, as would be
required if that phase, along with any previously completed project phase(s), were
completed independently from the rest of the project.
C. Building Permit Final. No development phase of a project shall receive a building
permit final until all affordable units required by that phase of the project are
completed.
(Ord. No. 2318, § 1(Exh. A), 9-3-2024)
21.24.120 Severability.
If any provision or clause of this Chapter or the application thereof is held to be
invalid, such invalidity shall not affect the other provisions or applications of this Chapter
which can be given effect without the invalid provision or application, and to this end,
the provisions of this Chapter are declared to be severable.
(Ord. No. 2318, § 1(Exh. A), 9-3-2024)
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