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11C - 2ND READ ORD HOO
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11C - 2ND READ ORD HOO
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8/28/2020 10:54:27 AM
Creation date
8/28/2020 10:55:22 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
11C
Date
9/1/2020
Destruction Year
2025
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(3) Any off -site affordable inclusionary housing project shall be substantially <br />comparable to the market rate units included in the residential project in terms <br />of quality of design, materials and finishes. <br />(4) If tenants are displaced due to rehabilitation of housing to meet the <br />inclusionary unit requirement, the developer shall be responsible for relocation <br />costs as required by state law. <br />(5) No city, housing authority, or public funds, subsidies, or participation of any <br />kind shall be expended on the production or building of any inclusionary <br />housing projects associated with meeting the inclusionary unit requirement. <br />(d) Timing of construction. All inclusionary units in a residential project or proposed <br />off -site new inclusionary units or rehabilitated units shall be constructed concurrent <br />with, or before the construction of the market rate units. If the city approves a <br />phased project, a proportional share of the required inclusionary units shall be <br />provided within each phase of the residential project. <br />(e) Units for sale. <br />(1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the <br />target income level group at the applicable affordable housing cost for a <br />minimum of fifty-five (55) years. <br />(2) Certification of purchasers. The developer and all subsequent owners of an <br />inclusionary unit offered for sale shall certify, on a form provided by the city, the <br />income of the purchaser and that such owners will live in such inclusionary unit <br />as their primary residence. <br />(3) Resale price control. In order to maintain the availability of inclusionary units <br />required by this article, the resale price of an owner occupied inclusionary unit <br />shall be limited to the lesser of the fair market value of the unit as established <br />by a licensed real estate agent based upon three (3) comparable properties or <br />the restricted resale price. For these purposes, the restricted resale price shall <br />be the applicable affordable housing cost. <br />(4) Inheritance of inclusionary units. Upon the death of an owner of an owner - <br />occupied inclusionary unit, title in the property may transfer to the surviving joint <br />tenant or heir (in the case of the death of a sole owner or all owners of the <br />household). <br />(5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the <br />resale price controls required by this section, the buyer and the seller shall be <br />jointly and severally liable to the city for the amount in excess of the affordable <br />housing cost at the time of such sale of the inclusionary unit. Recovered funds <br />shall be deposited into the inclusionary housing fund. Notwithstanding the <br />foregoing, city may allow the buyer and seller to cure any violation of the resale <br />price controls within one hundred eighty (180) days. <br />(f) Rental units. <br />11C-13 <br />
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