§ 158.12 INCLUSIONARY HOUSING PLAN AND DEVELOPMENT AGREEMENTS.
   (A)   Inclusionary housing plan.
      (1)   Prior to the approval of any covered development project by the city (including the issuance of any permits), the applicant shall present to the City Manager (or, in the event that the City Council enters into an agreement with a person or entity to implement provisions of this chapter, to such person or entity) an inclusionary housing plan that outlines and specifies the covered development project’s compliance with each of the applicable requirements of this code.
      (2)   The plan shall specifically contain, at a minimum, the following information regarding the covered development project:
         (a)   A general description of the development, including whether the development will contain rental units or individually owned units, or both;
         (b)   The total number of market rate units and affordable housing units in the development;
         (c)   The number of bedrooms in each market rate unit and each affordable housing unit;
         (d)   The gross square footage of each market rate unit and each affordable housing unit;
         (e)   Site plans showing the location of each market rate unit and each affordable housing unit within the covered development project, and/or floor plans showing the location of each market rate unit and each affordable housing unit within a multiple-family residential structure;
         (f)   The pricing for each market rate unit and each affordable housing unit;
         (g)   The phasing and construction schedule for each market rate unit and each affordable housing unit;
         (h)   Documentation and plans regarding the exterior and interior appearances, materials and finishes of the development and each of its individual units;
         (i)   A description of the marketing plan (which shall at least include the priority provisions set forth in § 158.10) that the applicant proposes to utilize and implement to promote the sale or rental of the affordable housing units within the development;
         (j)   A description of the specific efforts that the applicant will undertake to provide affordable housing units to low- and moderate-income households in accordance with this chapter; and
         (k)   A description of the documentation deemed necessary or appropriate by the city in accordance with this chapter to ensure continued affordability of the affordable housing units in accordance with this chapter.
   (B)   Development agreement with not-for-profit agencies.
      (1)   Prior to issuance of a building permit for any covered development project, the applicant shall enter into a development agreement with the city or, at the city’s discretion, a qualified not-for-profit housing agency, regarding the specific requirements and restrictions regarding affordable housing and the covered development project.
      (2)   The applicant shall execute all documents deemed necessary or appropriate, including restrictive covenants and other related instruments, to ensure the continued affordability of the affordable housing units in accordance with this chapter.
      (3)   Applicants may also enter into agreements with a not-for-profit housing entity to provide the long-term management, including leasing of the affordable housing units to low- or moderate-income households, and maintenance of the affordable housing units by the agency.
   (C)   Additional documentation. In addition to the requirements of divisions (A) and (B) above (as applicable), the documentation required for covered development projects under this chapter shall include, without limitation:
      (1)   The identification of target income levels for affordable housing units;
      (2)   The identification and selection of eligible low- and moderate-income households for the affordable housing units;
      (3)   Assurances that, for during the period of affordability, any covered development projects upon which association assessments are imposed are designed to limit such assessments in a manner that will preserve the affordability of the affordable housing units;
      (4)   Method for marketing of the affordable housing units to eligible low- and moderate-income households in the community;
      (5)   The execution and recordation of all documents deemed necessary to ensure the development and continued affordability of the affordable housing units, including without limitation a development agreement between the owner of the covered development project and the city or its designee;
      (6)   Agreements relating to the long-term management and maintenance of the affordable housing units in a covered development project;
      (7)   The bedroom mix and aggregate gross square footage of the affordable housing units; and
      (8)   Agreements and decisions regarding the applicability of any one or more of the alternatives to the provision of on-site affordable housing units as set forth in § 158.08.
(Ord. 2005-45, passed 12-5-2005)