§ 822-4.416. Inclusionary housing agreements.

(a)

All developers whose projects are not exempt under Section 822-4.408 shall enter into an inclusionary housing agreement with the county, except where the requirements of this chapter are satisfied by payment of an in-lieu fee. The agreement shall be in a form provided by the community development director.

(b)

All inclusionary housing agreements will include, at a minimum, the following information:

(1)

The number of for-sale units and rental units;

(2)

The number, size, location, and square footage of inclusionary units;

(3)

The market value and sales price or rental price of the inclusionary units;

(4)

Incentives, if any;

(5)

Provisions and documents for enforcing the restrictions established by Section 822-4.410, including deed restrictions in a form acceptable to the county;

(6)

Provisions for determining income eligibility and monitoring the ongoing affordability of inclusionary units;

(7)

Provisions for enforcing the construction and occupancy standards specified in Section 822-4.412(d). These provisions may include withholding approval of permits for any structure or property located within the residential development;

(8)

If an alternative compliance method has been proposed, provisions for implementation and enforcement of that method, consistent with Section 822-4.406.

(c)

The inclusionary housing agreement must be executed before the approval of the final map or the issuance of the first building permit for any portion of the residential development, whichever occurs first. Following execution, the agreement will be recorded as a covenant running with the land against the real property of the residential development.

(Ord. 2006-43 § 2).