9-401.130 - REQUIRED AFFORDABLE HOUSING DENSITY BONUS AGREEMENT

Prior to the issuance of a building permit for any dwelling unit in a development for which a density bonus has been awarded or incentives or concessions have been granted, the developer shall enter into a written agreement with the County for the duration of affordability. The terms and conditions of the agreement shall be binding upon the successor in interest of the developer and shall be recorded in the San Joaquin County Clerk Recorder's Office, County Recorder Division. The agreement shall be approved by County Counsel and include provisions for the following:

(a)

The number and proportion of housing units affordable to moderate-income, lower-income, very lowincome, and extremely low-income households by type, location and number of bedrooms;

(b)

Standards for maximum qualifying household incomes and maximum rents or sale prices;

(c)

The party responsible for certifying rents and sales prices of affordable housing units;

(d)

The process that will be used to certify incomes of tenants or purchasers of the affordable housing units;

(e)

How vacancies will be marketed and filled, including the screening and qualifying of prospective renters and purchasers of the affordable units;

(f)

Deed restrictions on the affordable housing units binding on property upon sale or transfer;

(g)

Enforcement mechanisms to ensure that the affordable units are continuously occupied by eligible households and are not sold, rented, leased, sublet, assigned, or otherwise transferred to non-eligible households;

(h)

Project phasing, including the timing of completions, and rental or sale of the affordable housing units, in relation to the timing of the market-rate units; and

(i)

For Common Interest Development. An equity-sharing agreement for moderate-income units that are directly related to the receipt of the density bonus in the common interest development unless it conflicts with the requirements of another public funding source or law. The following provisions must be included:

(1)

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation; and

(2)

The County shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.

Chapter 9-402 - Landscaping