(A) Resolution of approval. The resolution approving a development permit for any project which provides inclusionary units shall specify the following items:
(1) The density bonus being provided;
(2) Whether an in-lieu fee is required;
(3) The number and square footage of inclusionary units to be provided;
(4) The number and square footage of units at each applicable sales price or rent level, and the number of parking spaces provided to each unit; and
(5) A list of any other concessions, reductions or waivers approved by the city.
(B) Fee. If an in-lieu fee is required, the fee shall be pursuant to the amount listed in the San Joaquin Master Fee Schedule and shall be paid at the current rate before any building permit is issued for the project.
(C) Agreements. All projects that provide inclusionary units and/or use a density bonus, concession or waiver under this chapter shall execute and record the city's agreement imposing restrictions on real property before any building permit will be issued for the project. The agreement shall explain the affordability restrictions and requirements in clear and precise terms.
(D) Construction schedule. All inclusionary affordable units in a market-rate development shall be constructed concurrently with or before the construction of the non-inclusionary units.
(E) Phasing. In the event a phased project is approved by the city, required affordable units shall be provided proportionally within each phase. (F) Occupants. New inclusionary affordable units shall be occupied in the following manner:
(1) If residential rental units are being demolished and the existing tenants earn very low-, low-, or moderate-incomes and meet all qualifying requirements, the tenants shall be given the right of first offer to occupy the new affordable units;
(2) If there are no qualified tenants, or if the qualified tenants choose not to exercise the right of first offer, or if no demolition of residential rental units occurs, then qualified tenants shall be selected from the city's inclusionary housing waiting list; or
(3) If the new inclusionary unit is a sales unit and the existing tenants decline the unit or are not qualified applicants, the city shall conduct a lottery to select qualified prospective buyers.
(Ord. 2021-03, passed 12-7-2021)