.010 Agreement Required. Applicants utilizing this chapter shall enter into a Housing Incentives Agreement with the City in accordance with this chapter and in a form and substance acceptable to the City. The terms of the agreement shall be reviewed, revised and approved by the Community and Economic Development Department.
.020 Compliance with this Chapter. The Housing Incentives Agreement shall require continued compliance with the requirements of this chapter and, if applicable, the provisions required by Section 65916 of the California Government Code.
.030 Recordation. Following execution of the Housing Incentives Agreement by all parties, the completed agreement, or, if required by the Housing Incentives Agreement, a declaration of covenants, conditions and restrictions, shall be recorded as a restriction on the parcel or parcels designated for the construction of the Affordable Units. The recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of any rough grading and building permits, with the exception of demolition permits for such parcels or units. The Housing Incentives Agreement shall be binding on the developer of the Housing Development and all future owners and successors in interest thereof.
.040 Affordable Rental Housing Development. The Housing Incentives Agreement for an Affordable Rental Housing Development, pursuant to the requirements of Section 18.52.080 (Affordable Rental Housing Development), shall include, but not be limited to, the following:
.0401 Third Party Beneficiaries. The Anaheim Housing Authority shall be a third-party beneficiary of the Housing Incentives Agreement;
.0402 Number of Units. The total number of units approved for the Affordable Rental Housing Development, including the number of Affordable Units;
.0403 Unit Descriptions. The location, unit sizes (square feet), and number of bedrooms of each of the Affordable Units;
.0404 Affordable Rent. The standards for determining the affordable rent for each Affordable Unit;
.0405 Term. A term of at least fifty five (55) years;
.0406 Density Bonus, Development Incentives and Parking Ratio. A description of any Density Bonus, development Incentive(s), and Parking Ratio, being provided by the City;
.0407 Parking Management Plan. If the Affordable Rental Housing Development utilizes a Parking Ratio pursuant to Section 18.52.100 (Parking Ratios), a plan for parking management, which shall include a map depicting which parking spaces are reserved and which are not and shall include procedures for removal of inoperable vehicles and a limitation on the aggregate number of vehicles permitted in the Affordable Rental Housing Development;
.0408 Occupancy. Occupancy of each unit in the Housing Development shall not exceed two (2) persons per bedroom, plus one;
.0409 Marketing and Tenant Selection Plan. A marketing and tenant selection plan as provided by the Community and Economic Development Department, which shall include the obligation of the owner to provide first priority to people who live or work in the City to rent the Affordable Units to the extent permitted by law and the obligation to provide the Anaheim Housing Authority, at initial lease-up, with a sixty (60) day priority to refer rental applicants under its Section 8 Housing Choice Vouchers Waiting List and its Affordable Housing Waiting List, to the extent permitted by law;
.0410 Management Plan. The obligation of the owner to comply with an acceptable written management plan to the Executive Director of the Community and Economic Development Department setting forth the owner's policies and procedures for renting, managing, maintaining and operating the Affordable Rental Housing Development to assure a healthy and secure living environment for the residents, which is consistent with reasonable business practices and property management standards established in Orange County, California, and which shall be attached to the agreement;
.0411 Breach of Agreement. A description of remedies for breach of the agreement by either party (the City may identify tenants as third party beneficiaries under the agreement); and
.0412 Other Provisions. Other provisions to ensure implementation and compliance with this chapter, matters addressed in the application, and the agreement.
.050 Direct Financial Contribution. Where there is a direct financial contribution to a Housing Development pursuant to this chapter through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the City shall assure continued availability of Affordable Units for up to a minimum of fifty-five (55) years. When appropriate, the Housing Incentives Agreement shall specify the mechanisms and procedures necessary to carry out this requirement. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6489 § 1 (part); July 14, 2020.)