Chapter 19.172 — BELOW MARKET RATE HOUSING PROGRAM

The purpose of this chapter is to:

Encourage the development and availability of housing affordable to a broad range of households with varying income levels within the city as mandated by State Law, California Government Code Sections 65580 and the City of Cupertino's General Plan, including its Housing Element.

Promote the city's goal to add affordable housing units to the city's housing stock in proportion to the overall increase in new jobs and market rate housing units.

Mitigate the need for affordable housing created by new market-rate housing development and ensure that market-rate housing development does not utilize all land available in the city for affordable housing.

Mitigate environmental and other impacts that accompany new residential and commercial development by protecting the economic diversity of the city's housing stock, with the goal of reducing traffic, transit and related air quality impacts,

promoting jobs/housing balance and reducing the demands placed on transportation infrastructure in the region.

Increase the supply of for-sale and rental housing for families and individuals employed in Cupertino whose incomes are insufficient to afford market rate housing. Since the historical rate of production of affordable housing in the city, by private developers is very low, the BMR program is essential to meet the city's need for affordable housing.

(Ord. 14-2125, § 11 (part), 2014)

Developers of housing development projects must comply with the requirements set forth in Residential Housing Mitigation Program of the City of Cupertino's Housing Element of the General Plan.

To the extent permitted by law, the City's objective is to obtain actual affordable housing units within each development rather than off-site units or mitigation fee payments. Provision of off-site units, land donation, or payment of Housing Mitigation Fees may only be permitted as specified in the Residential Housing Mitigation Program rules and regulations.

(Ord. 14-2125, § 11 (part), 2014)

The City Council shall adopt rules and regulations consistent with the provisions of this chapter and the Housing Element for the purpose of carrying out the administration of the Residential Housing Mitigation Program. Such rules and regulations shall address, but are not limited to, program eligibility requirements, affordable housing cost, income limits, preferences for housing applicants, minimum occupancy limits, waiting list procedures, buyer selection procedures, methodology for the calculation of affordable housing cost and affordable rent, resale restrictions and reasonable accommodations for disable applicants. The rules and regulations shall also address Residential Housing Mitigation Program components such as the provision of rental BMR units in for-sale housing developments or off-site BMR units. A copy of such policies, rules and regulations shall be on file and available for public examination in the office of the city clerk.

Failure or refusal to comply with any such rules, regulations or agreements promulgated under this section shall be deemed a violation of this chapter.

(Ord. 14-2125, § 11 (part), 2014)

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