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Ordinance No. <br />Page 9 of 16 <br /> <br />I. Accessory Units. Accessory dwelling units and junior accessory dwelling units <br />shall not count towards meeting inclusionary requirements. <br />J. Projects with different unit types. For those projects with both market rate <br />units and inclusionary units: <br />a. Inclusionary units shall be dispersed throughout the project so as not to <br />concentrate inclusionary units in a specific geographic area (including a <br />floor) of the project. <br />i. For a project where the market rate units are proposed to be <br />detached single-family homes, it is permitted for the inclusionary <br />units be paired single-family, duets, duplexes, or townhomes. In <br />such case, the townhomes can be concentrated in one or more <br />areas of the project. The residents of both the market rate and the <br />inclusionary units must be provided equivalent project amenities. <br />ii. For a project where the market rate units are proposed to be <br />attached or detached single-family homes, duets, or duplexes, it is <br />permitted for the inclusionary units to be ownership condominiums <br />or rental apartments. In such case, and where the number of <br />inclusionary unis exceed 15 units, the condominiums or apartments <br />can be concentrated in an area of the project. The residents of both <br />the market rate and the inclusionary units must be provided <br />equivalent project amenities. <br />K. Requirements. The affordability requirements are as set forth in this chapter <br />and the applicable Objective Design Standards (ODS); and for sites for which <br />there are no ODS, then the requirements in Chapter 17.44. In the event of <br />any conflict, the more restrictive provisions that provide more inclusionary <br />units and deeper affordability shall apply. <br />L. Perpetuity. Inclusionary units shall remain affordable in perpetuity through the <br />recordation of an affordable housing agreement described in Section <br />18.38.050 of this chapter. <br />M. Eligibility. The city’s adopted preference and priority system shall be used for <br />determining eligibility among prospective beneficiaries for affordable housing <br />units created by this chapter, unless superseded by federal or state law. <br /> <br />18.38.050 Affordable housing agreement. <br />All projects subject to this chapter shall enter into an affordable housing agreement. The <br />agreement shall record the method and terms by which a project owner shall comply <br />with the requirements of this chapter or by alternatives as generally provided in Cal. <br />Government Code section 65850(g) acceptable in the determination of the City based <br />on analysis of equivalent financial value; which analysis may be required by the City to <br />be done by a third party at the owner’s expense. The approval and/or recordation of this <br />agreement shall take place prior to final map approval or, where a map is not being <br />processed, prior to the issuance of building permits for such lots or units. <br />Page 123 of 270