Oakdale City Zoning Code
§ 36-18.20.10
Density Bonus Housing Agreement.
[Ord. No. 1132, § 2, Exh. A.]
A.
Developers requesting a density bonus shall agree to enter into a density bonus housing agreement with the City. A density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this section and shall be recorded as a restriction on any parcels on which the target units or density bonus units will be constructed.
B.
The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a Building Permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind on all future owners and successors in interest.
C.
The density bonus housing agreement shall include but not be limited to the following:
1.
The total number of units approved for the housing development, the number, location, and level of affordability of target units, and the number of density bonus units.
2.
Standards for determining affordable rent or affordable ownership cost for the target units.
3.
The location, unit size in square feet, and number of bedrooms of target units.
4.
Provisions to ensure affordability in accordance with Sections 36-18.20.7B and C of this section.
5.
A schedule for completion and occupancy of target units in relation to construction of non-restricted units.
6.
A description of any incentives, concessions, waivers, or reductions being provided by the City.
7.
A description of remedies for breach of the agreement by either party. The City may identify tenants or qualified purchasers as third party beneficiaries under the agreement.
8.
Procedures for qualifying tenants and prospective purchasers of target units.
9.
Other provisions to ensure implementation and compliance with this section.
D.
In the case of for-sale housing developments, the density bonus housing agreement shall include the following conditions governing the sale and use of target units during the applicable use restriction period:
1.
Target units shall be owner-occupied by eligible very low, low, or moderate income households, or by qualified residents in the case of senior citizen housing developments.
2.
The purchaser of each target unit shall execute an instrument approved by the City and to be recorded against the parcel including such provisions as the City may require ensuring continued compliance with this section.
E.
In the case of rental housing developments, the density bonus housing agreement shall provide for the following:
F.
Density bonus housing agreements for land dedication and child care facilities shall ensure continued compliance with all conditions included in § 36-18.20.4 and 3-18.20.5, respectively.