Any eligible project for which the city enters into a development agreement that provides comparable community benefits, as determined by the City Council.

Any eligible project that is 100% affordable for very low-, low-, or moderate-income households that will be deed-restricted for a period of at least 55 years for rental units or 45 years for for-sale units.

Development of emergency shelters, community care facilities, or health care facilities.

Reuse of a designated landmark or contributing structure for housing within a historic district.

Accessory dwelling units, junior dwelling units, or units created pursuant to Government Code Sections 65852.21 and 66411.7, provided that the replacement or restoration does not increase the number of existing units by five or more.

Residential building additions, repairs, or remodels, provided the work does not increase the number of existing units by five or more.

Replacement or restoration of residential units damaged or destroyed by fire, flood, earthquake, or other disaster, provided that the replacement or restoration does not increase the number of existing units by five or more.

Any eligible project otherwise exempt under state or federal law.

Nine percent to very low-income households or low-income households; and

Six percent moderate-income households.

The percentage of inclusionary housing units required in this section will be applied to the project's total number of proposed dwelling units.

If an inclusionary housing unit calculation in this section results in a fractional remainder, the developer may choose one of the following options: round up to the next whole number when the fraction is one-half or higher and provide the resulting unit on site; or pay the fractional amount of inclusionary housing inlieu fees pursuant to this chapter.

The inclusionary housing unit requirements of this chapter may be satisfied if the developer causes an inclusionary housing in-lieu fee to be paid to the city. This may be accomplished by providing some of the required inclusionary housing units onsite and paying the in-lieu fee required under this section for any remaining, required inclusionary housing units.

The inclusionary housing in-lieu fee must be paid, in full, to the city before it issues a final certificate of occupancy for the project.

An affordable housing trust fund is created. All funds authorized in this chapter must be deposited into this inclusionary housing trust fund. The monies in such fund must be used exclusively for providing affordable housing in the city and for reasonable costs associated with the acquisition, development, maintenance, improvement, and oversight of affordable housing. Such additional uses may be designated by City Council resolution.

Any third party (e.g., a nonprofit housing agency) the developer associates with to create off-site units under this section must agree, in writing, to all the provisions of this chapter and be a signatory to the inclusionary housing agreement required under this chapter.

The off-site affordable units developed must at least be equal to the inclusionary housing units required for the project and consistent with the standards set forth in this chapter.

To ensure the creation of the off-site affordable units, developer must provide a surety, in a form approved by the City Attorney, equal to 25% of the total estimated cost to construct the off-site affordable units to ensure performance. Examples of sureties that may be acceptable include the following: performance bonds; surety bonds; cash deposits; money orders; letters of credit; and certificates of deposit. The Director will relinquish the surety at the time that the Building Official issues a final certificate of occupancy for the last of the off-site affordable units.

The developer must pay an in-lieu fee in an amount required by this chapter to the city in the event the off-site units are not timely completed.

The property must be fully within the city's jurisdiction.

The developer must identify and offer for dedication or conveyance the property subject to this section at the time of project application and concurrently provide proof to the Director's satisfaction evidencing the property's value and developer's transferable, unencumbered interest in the property.

The developer must provide evidence to the Director's satisfaction that shows the property is free from environmental contamination, has access to public streets, and utilities, and suitable for affordable housing development pursuant to applicable law.

The land must be transferred to the city or city-approved developer specializing in affordable housing development.

The land and constructed units thereupon must be deed restricted, in a manner approved by the City Attorney, that secures the units' continued affordability.

The City Manager will make a recommendation to the City Council whether to accept or deny the proposed dedication or conveyance. The city has no obligation to accept any proposed dedication or conveyance made in accordance with this subsection.

The developer must identify all contiguous property under common ownership or control in its project application. If the developer does not plan to develop all such property, then it must record a covenant, in a form approved by the City Attorney, requiring that such undeveloped property include inclusionary housing units or pay the in-lieu fee as required by this chapter at such future date that an application is filed for ministerial or discretionary approval of a residential development subject to this chapter. Such covenant must run with the land and be effective for at least 30 years pursuant to Civil Code Section 885.030;

All inclusionary housing units must be reasonably dispersed throughout the project to avoid any concentration of inclusionary units within a project;

All inclusionary housing units must be comparable to market rate units included within a project in terms of number of bedrooms, design, materials, size, finished quality, appearance, or other material conditions;

All inclusionary housing units must be accessible to project amenities, utilities, and facilities available to market rate units at the same or lower cost chargeable, if at all, to market rate units;

All inclusionary housing units must be constructed before or concurrent with the construction of market rate units in the project, and in phased projects, inclusionary housing units may be constructed in proportion to the number of units in each phase of the residential development;

A developer must submit a written report to the Director, within 30 days of the Director's written request, that identifies the income and family size of the occupants of the inclusionary unit. The city may impose a fee established by City Council resolution to recover its associated regulatory costs pursuant to this chapter.

Such for-sale units must be deed restricted to the target household income group for a minimum of 45 years;

The developer, property owner, and all subsequent owners of an inclusionary housing unit offered for sale must certify, in a form and content acceptable to the Director, the purchaser's income;

An owner of such a for-sale unit is prohibited from leasing or renting the unit unless the city gives its prior written consent to such lease or rental based on economic hardship, shown by substantial evidence by the owner;

Except as otherwise provided, a purchaser of inclusionary housing units offered for sale must occupy the unit as a "principal residence" as such term is defined for federal tax purposes in the United States Internal Revenue Code. Upon good cause shown, supported by substantial evidence, the Director may allow a purchaser to rent inclusionary housing units to persons within the same household income category;

The city must approve subsequent owners of such for-sale units who must meet the same qualifications as the original owner;

Before the escrow closing for such a for-sale unit, the seller must provide written notice to the buyer of the affordability restrictions including, without limitation, resale price restrictions, in a document written in plain language and approved in writing by the Director;

Title in a for-sale unit may transfer because of changes in circumstance including, without limitation, death, marriage, and divorce. Except as otherwise provided, if such a changed circumstance results in a title transfer which causes a household to become ineligible for an inclusionary housing unit then the housing unit must be sold to an eligible household within nine months after such title transfer occurs;

Upon the death of one owner, title in the for-sale unit may transfer to the surviving joint tenant without respect to the joint tenant's household income eligibility;

If a for-sale unit is sold for an amount more than the resale price authorized under this chapter, the buyer and seller are jointly liable to the city for the entire purchase price of the unit. Funds recovered by the Director must be deposited in the affordable housing trust fund. The foregoing notwithstanding, the Director may allow the buyer and seller up to 180 days to cure any violation of this chapter's resale price restrictions upon the buyer and seller's written request for such cure period.

Such rental units must be deed restricted to the target household income group for a minimum of 55 years.

The owner of the rental units must certify to the Director, in a form acceptable to the City Attorney, the income of the tenant at the time of the initial rental and annually thereafter.

The renter of an inclusionary housing unit is prohibited from subleasing the unit unless the Director gave its prior written consent to such sublease based on demonstrated hardship by the renter as shown by substantial evidence. Any rent obtained through an unpermitted sublease of an inclusionary housing unit is forfeited to the city, and recovered funds must be deposited in the affordable housing trust fund.

The Director may require the execution and recording of whatever documents are necessary or useful in ensuring enforcement of this section, in a form approved by the City Attorney, which must be recorded against all applicable inclusionary units.

Before the escrow closing of an inclusionary housing unit for rent, the seller must provide written notice to the buyer of the affordability restrictions including, without limitation, to resale price restrictions in a document written in plain language and approved in writing by the Director.

All information required for an inclusionary housing plan;

A clause authorizing the recovery of city costs, including, without limitation, attorney's fees, incurred in any action taken to enforce compliance with the inclusionary housing agreement;

Any additional reasonable information the Director requires in ensuring compliance with this chapter.

Actions to revoke, deny, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval;

Actions to recover civil fines, restitution to prevent unjust enrichment for violating this chapter, and/or enforcement costs, including attorney's fees;

Eviction or foreclosure;

Any other appropriate action for injunctive relief or damages.