(a) The inclusionary housing agreement or regulatory agreement, is the means by which the city ensures that a residential project complies with the applicable affordable housing requirements. An applicant shall enter into a written inclusionary housing agreement with the city that specifically sets out the manner in which affordable housing obligations will be met under the terms of this chapter.
(b) The inclusionary housing agreement shall be executed by the applicant and the city. The applicant’s proposed tentative map will be subject to the conditions of the inclusionary housing agreement. The inclusionary housing agreement shall be completed and signed prior to approval of the applicant’s final map. The agreement shall contain all the applicable information identified in the agreement checklist provided in this section.
(c) This agreement must include an acknowledgment that the applicant received a copy of the affordable housing ordinance. Moreover, the agreement must obligate the applicant to provide a copy of this agreement to anyone to whom the subject residential lots or units are transferred or sold.
(d) The inclusionary housing agreement shall provide assurances satisfactory to the city attorney, community development director, housing specialist and city manager of the applicant’s obligation and capacity to meet the affordable housing obligations under this chapter. The inclusionary housing agreement shall also include all applicable and necessary information and obligations including, but not limited to, those items listed in the agreement checklist below. A memorandum of the inclusionary housing agreement shall be recorded with the Yolo County recorder’s office.
(1) Agreement Check List.
(A) The inclusionary housing agreement shall contain the following information:
(i) Location, zoning designation and ownership of the residential project;
(ii) The number of affordable dwelling units that the applicant is responsible to provide at each income level;
(iii) The exact location of the affordable dwelling units (i.e., identify specific lots for affordable for-sale units and site or parcel for multifamily rental projects);
(iv) The dwelling unit mix and square footage of the affordable dwelling units as compared to dwelling unit mix and square footage of the market-rate units;
(v) Term of affordability for the affordable dwelling units;
(vi) Scheduling and phasing of construction of affordable dwelling units;
(vii) Identification of applicant-funded subsidy or financial assistance, if any, for affordable for-sale units;
(viii) Affirmative marketing plan that ensures outreach to income-eligible households regarding the availability of affordable dwelling units. Such affirmative marketing shall at least include advertising in the local newspaper and sending notices to local government and nonprofit agencies that serve very low and low income persons and families. The city shall maintain an updated list of these agencies;
(ix) Specify if any or all of the affordable dwelling units will be special needs housing for seniors, disabled, homeless persons or other special needs population and, if so, the unique features or services that are appropriate for that special needs population. The city will participate in securing funding for those projects that provide special needs housing units. The city’s special needs housing demand will be addressed as guided by the housing element, and based on any new information regarding increased need or demand for special needs housing as it becomes available from the census or other sources;
(x) Detailed description of for-sale affordable units, if different than market-rate units, including floor plan and list of amenities and features of the unit.
(B) In addition, the inclusionary housing agreement shall include the following terms:
(i) Assurances, to the extent feasible, that the affordable dwelling units will be constructed concurrently with, or prior to, market-rate units in the residential project. In phased developments, inclusionary units may be constructed and occupied in proportion to the number of units in each phase of the residential project. If, as approved by the city, the affordable housing obligation is proposed to be satisfied by land dedication or by a separate third party development agreement (such as an affordable housing developer) and it is not feasible to develop the affordable units prior to or concurrently with the market-rate units, the agreement must identify the specific residential lots on which the affordable units will be developed. Developers of for-sale residential projects who construct the required affordable units concurrent with their market-rate development shall receive an automatic one hundred percent waiver of all building plan check fees (not impact fees) for the affordable units (this excludes re-inspection fees);
(ii) Affordable rental dwelling units shall be dispersed throughout the residential project and shall be indistinguishable from market-rate units within any project, including identical quality and amenities as the market-rate units;
(iii) Inclusionary housing agreements for rental residential projects shall include the requirement that the project will be subject to the city’s affordable housing monitoring program to ensure ongoing compliance with the affordable housing obligations set forth in this chapter and the inclusionary housing agreement, including payment of an annual monitoring fee (the amount of the fee is to be determined by the city based on estimated cost to monitor the affordable housing units, and shall be stated in the city’s “Affordable Housing Monitoring Program Policies and Guidelines”). The inclusionary housing agreement for a rental residential project shall also include the provisions required by Section 6A-4-60 of this chapter;
(iv) Mechanisms for reservation, protection and disclosure of affordable lots for projects. Description of language in disclosure documents for use by real estate agents, and visible and prominent signage at residential projects advertising the availability of affordable dwelling units.
(C) If the applicant is proposing to meet the affordable housing obligation by land dedication, then the inclusionary housing agreement shall contain the following additional information:
(i) Location and description of dedicated site and the residential lot(s) contained therein;
(ii) Description of physical suitability, economic feasibility, general plan designation and zoning, infrastructure, frontage improvements and utility connections available at the dedicated site sufficient to allow for the development of the affordable dwelling units;
(iii) Number of dwelling units that may be developed on the residential lots sufficient to meet the affordable housing obligation;
(iv) Number of dwelling units at each income level (i.e., very low, low or moderate income) to meet or exceed land dedication affordability requirements. (Ord. No. 1393, § 3 (part); Ord. No. 1487, § 3 (part).)