(A) An applicant shall agree to, and the city shall ensure, continued affordability of all below market rate units that qualified the applicant for the density bonus award for the amount of time required by state density bonus law.
(B) An applicant shall agree to, and the city shall ensure that, the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and families of very low, low, or moderate income, as required, and that the units are offered at an affordable housing cost. The city shall enforce an equity sharing agreement required pursuant to Cal. Gov’t Code § 65915(c)(2) unless it conflicts with the requirements of another public funding source or law.
(C) Affordability shall be ensured by requiring that the applicant enter into an affordable housing agreement which shall be approved by the City Attorney's office, shall be recorded and shall run with the land.
(D) When land is donated pursuant to Cal. Gov’t Code § 65915(9) an affordable housing agreement shall be required for the transferred land and for any very low-income rate units built on such land; the period of time during which the below market rate units are required to remain affordable shall be in accordance with Cal. Gov’t Code § 65915(g)(2)(E).
(E) If the applicant has received a density bonus or incentive for providing a childcare facility pursuant to Cal. Gov’t Code § 65915(h), the childcare facility shall comply with the requirements of Cal. Gov’t Code § 65915(h)(2) as conditions of approval, which shall also be included in the affordable housing agreement.
(F) The owner of the property shall be required to pay the city an annual fee based on the actual hours incurred by staff in monitoring the compliance with the terms of the affordable housing agreement. The fee shall be in an amount established by resolution of the City Council.
(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)