18.26.060 Density Bonus Housing Agreement.
A. Density Bonus Housing Agreement. An applicant requesting a density bonus shall agree to enter into an affordable housing agreement (“agreement”) with the City in the City’s standard form of agreement. Execution of the agreement shall be made a condition of approval for any discretionary planning permit for housing developments pursuant to this chapter and shall be recorded as a restriction on any parcels on which the housing units which qualify the housing development for a density bonus will be constructed.
B. Recording of Agreement. The agreement shall be recorded prior to the final or parcel map approval, or, where the housing development does not include a map, prior to the issuance of a building permit.
C. Contents of the Agreement. Each agreement shall include, but not be limited to, the following:
1. A description of the residential development, including whether the housing units which qualify the housing development for a density bonus will be rented or owner-occupied;
2. The number, size and location of the housing units which qualify the housing development for a density bonus;
3. Provisions and/or documents for resale restrictions, deeds of trust, right of first refusal or rental restrictions;
4. Provisions for monitoring the ongoing affordability of the housing units which qualify the housing development for a density bonus, and the process for qualifying prospective resident households for income eligibility; and
5. Any additional obligations relevant to the compliance with this chapter.
D. Owner-Occupied Agreements. The purchaser of each owner-occupied housing unit which qualified the housing development for a density bonus shall execute the City’s standard form agreement, to be recorded against the parcel, and which includes such provisions as the City may require to ensure continued compliance with this chapter.
E. Agreements for Child Care Facilities and Land Donations. Density bonus housing agreements for child care facilities and land dedications shall ensure continued compliance with all conditions included in Government Code Sections 65915(h)(2)(A) and (B) and 65915(g)(2)(A) through (H), respectively. (Ord. 1030 § 2(12), 2018; Ord. 999 § 2, 2015)