9133.8. - Standards for inclusionary units.

A.

All inclusionary units shall be:

1.

Reasonably dispersed throughout the residential development.

2.

Proportional, in number, bedroom size and location, to the market rate units.

3.

Comparable with the market rate units in terms of the base design, appearance, materials and finished quality.

B.

All inclusionary units in a residential development shall be made available for occupancy concurrently with or prior to the occupancy of the market rate units. In the event the city approves a phased project, the inclusionary units required by this section shall be provided proportionally within each phase of the residential development.

C.

Inclusionary units shall remain restricted for owner-occupancy by the target income category at the applicable affordable housing cost for a period of not less than forty-five (45) years. At the request of the owner-occupants who initially occupy the inclusionary unit and subsequently seek to sell the inclusionary unit, the city may impose the equity sharing agreement rules included in California Density Bonus Law, currently codified as Government Code section 65915(c)(2), instead of requiring the aforementioned restriction for forty-five (45) years.

D.

Inclusionary units in rental residential developments shall remain restricted for occupancy by the target income category at the applicable affordable housing cost for a period of not less than fifty-five (55) years.

E.

The occupancy of the inclusionary units shall be governed by the terms of the inclusionary housing agreement recorded as a deed restriction against the property.

(Ord. No. 18-438, § 3, 10-18-18)