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2) Inclusionary housing agreement. The developer shall execute and cause to <br />be recorded an inclusionary housing agreement. The inclusionary housing agreement <br />shall be a legally binding agreement between the developer and the city, executed by the <br />city manager, or his or her designee, and in a form and substance satisfactory to the <br />executive director and the city attorney, and containing those provisions necessary to <br />ensure that the requirements of this article are satisfied, whether through the provision of <br />inclusionary units or through an approved alternative method. <br />(b) Discretionary approvals. No discretionary approval shall be issued for a residential <br />project subject to this article until the developer has submitted an inclusionary housing <br />plan. <br />(c) Issuance of building permit. No building permit shall be issued for a residential <br />project subject to this article unless the executive director has approved the inclusionary <br />housing plan, and any required inclusionary housing agreement has been recorded. <br />(d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued <br />for a residential project subject to this article unless the approved inclusionary housing <br />plan has been fully implemented. <br />Sec. 41-1906. Standards. <br />(a) Location within project, relationship to non-inclusionary units. All inclusionary units <br />shall be: <br />(1) Reasonably dispersed throughout the residential project; <br />(2) Proportional, in number of bedrooms, gross floor area of habitable space, <br />and location, to the market rate units; <br />(3) Comparable to the market rate units included in the residential project in <br />terms of design, materials, finished quality, and appearance; and <br />(4) Permitted the same access to project amenities and recreational facilities, <br />as are market rate units. <br />(b) Timing of construction. All inclusionary units in a residential project shall be <br />constructed concurrent with, or before the construction of the market rate units. If the city <br />approves a phased project, a proportional share of the required inclusionary units shall <br />be provided within each phase of the residential project. <br />(c) Location outside the proposed original project. For projects where the developer <br />proposes to either produce new inclusionary units or rehabilitate existing off -site units to <br />meet the inclusionary affordable housing requirements of this ordinance, the off -site <br />project(s) containing the required inclusionary units shall be subject to the following <br />requirements: <br />City Council 17 — 13 aq 442,()2. _XXX <br />Page 11 of 18 <br />