A. Rate and Calculation. In return for the inclusion of a number of “qualified,” as defined herein, on-site units dedicated to serving and reserved for occupancy by very-low- and/or extremely-low-income, as defined herein, persons, families, or groups, one (1) additional, on-site market-rate unit is permitted as a bonus for each qualified very-low-income unit provided, and 1.5 additional, on-site market rate units are permitted as a bonus for each qualified extremely-low-income unit provided, up to a maximum percentage above the maximum density permitted in the underlying zoning district as shown below.

B. Duration. Prior to the final approval of any land use application for which density bonuses are being sought, the owner of the affected parcels shall deliver to the City a duly executed covenant running with the land, in a form approved by the City Attorney, requiring that the qualified dwellings created pursuant to this section shall remain as such for a period of at least twenty (20) years from the commencement date. The covenant shall form an enduring contractual agreement between the owner/applicant and the City. The owner/applicant shall be responsible for the cost of preparing and recording the covenant, and the owner/applicant or subsequent owner(s) or operator(s) shall be responsible for administering the covenant. The commencement date shall be the date that the first lease agreement with a qualified renter becomes effective.

C. Siting of Units. The qualified units constructed under these provisions shall be integrated and dispersed within the development for which the density bonus is granted. The physical segregation of qualified housing units from unqualified market-rate housing units, or the congregation of qualified housing units into a single physical portion of the development, is prohibited.

D. Size of Units. The size of the qualified units constructed under the provisions of this chapter shall be proportionate to the size of the units contained in the entire project; e.g., if fifty (50) percent of the units in the project are one (1) bedroom units and fifty (50) percent are two (2) bedroom units, then the qualified units shall be divided equally between one (1) and two (2) bedroom units.

E. Appearance of Units. Qualified units shall possess the same style and architectural character and shall utilize the same building materials as market-rate units.

F. Completion. If a project is to be phased, the proportion of qualified units to be completed with each phase shall be determined as part of the phasing plan approved by the Director. [Ord. 726 § 2 (Exh. B), 2019.]