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A. Balanced Communities Affordable Housing Policy. Notwithstanding a developer’s request to process a development project pursuant to this chapter, such project may be subject to the City’s General Plan Housing Element Balanced Communities Affordable Housing Policy and any such implementing document that may be established and amended from time to time. To the extent that the provisions of this chapter and the Balanced Communities Affordable Housing Policy and any implementing documents are in conflict, the provisions of this chapter shall prevail.

B. Concurrent Development. Target units shall be constructed concurrently with nonrestricted units unless both the City and the developer agree within the affordable housing agreement to an alternative schedule for development.

C. Location and Dispersal of Units. Target units and density/FAR bonus units should be built on site (within the boundary of the proposed development) and when practical, be dispersed within the housing development.

D. Off-Site Alternative. Circumstances may arise in which the public interest would be served by allowing some or all of the designated target units to be produced and operated at a development site different than the site of the associated housing development, also known as an off-site alternative. Where the City and the applicant form such an agreement, both the associated target and nonrestricted units of the housing development shall be considered a single housing development for the purposes of this chapter, and the applicant shall be subject to the same requirements of this chapter pertinent to the target units to be provided at an off-site alternative.

E. Bedroom Unit Mix. The housing development shall include a mix of target units (by number of bedrooms) in response to the affordable housing demand priorities of the City as may be identified within the City’s Housing Element or consistent with the unit mix of nonrestricted units.

F. Compliance with Development Standards and Codes. Housing development projects shall comply with all applicable development standards, except those which may be modified as an incentive or concession or will have the effect of physically precluding the construction of a development providing the target units at the densities or with the concessions or incentives permitted by CVMC 19.90.050, or as otherwise provided for in this chapter.

G. Design Consistency. The design and appearance of the target units shall be consistent or compatible with the design of the total housing development in terms of appearance, materials, and finished quality.

H. Parking. Upon the request of the developer, the parking ratio (inclusive of handicap and guest parking) for a housing development that conforms to the requirements of CVMC 19.90.040(A) shall not exceed the ratios specified in Table F. Such request and application of this parking ratio shall not be considered an incentive/concession per CVMC 19.90.050(A). If the developer does not request the parking ratios specified in Table F or the project does not conform to the requirements of CVMC 19.90.040(A), the parking standards of the applicable zone as specified in Chapter 19.62 CVMC shall apply.

1. Fractional Parking Spaces. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

2. Tandem and Uncovered Parking. For purposes of this section, a housing development may provide “on-site” parking through tandem parking or uncovered parking, but not through on-street parking.

3. Additional Parking Incentives/Concessions. The developer may request additional parking incentives or concessions beyond those provided in this section, as specified in CVMC 19.90.050(A).

Table F. Parking Ratio for Housing Development Projects

Dwelling Unit Size

On-Site Parking Ratio

(Inclusive of Handicapped and Guest Parking)

0 – 1 bedrooms

1 space per unit

2 – 3 bedrooms

2 spaces per unit

4 or more bedrooms

2.5 spaces per unit

I. Waiver/Reduction of Development Standards. Any waiver or reduction from the applicable development standards shall be limited to those necessary to implement the density and incentives/concessions to which the developer is entitled under CVMC 19.90.050.

1. Adverse Impact. Nothing in this section shall be construed to require that the City waive or reduce development standards that would have an adverse impact upon the health, safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Adverse impact is defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code and any subsequent amendments and revisions.

2. Historical Resources and Conflict with Law. Nothing in this section shall be construed to require that the City waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources or to grant any waiver or reduction that would be contrary to state or federal law. (Ord. 3250 § 1, 2013).