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4. Provisions and/or documents for resale restrictions, deeds of trust, rights of <br />first refusal or rental restrictions; <br />5. Provisions for monitoring the ongoing affordability of the units, and the process <br />for qualifying prospective resident Households for income eligibility. <br />D. Recording of Agreement. Inclusionary Housing Agreements that are acceptable <br />to the Community Development Director must be recorded against owner-0caapied <br />Indusionary Units and residential projects containing rental Indusionary Units. <br />Additional rental or resale restrictions, deeds of trust, rights of first refusal and/or <br />other documents acceptable to the Community Development Director must also <br />be recorded against owner-occupied Inclusionary Units. In cases where the <br />requirements of this Article are satisfied through the development of Off-Site Units, <br />the Inclusionary Housing Agreement must simultaneously be recorded against the <br />properly where the Off-Site Units are to be developed. <br />6-3016 Off~ite Alternatives. <br />A. Developer Proposal. A Developer may propose and the Approval Authority may <br />approve an alternative means of compliance with an Inclusionary Housing Plan <br />as provided in Section 6-3014(b) which may include, but is not limited to the <br />following provisions: <br />Off-Site Construction. Inclusionary Units may be constructed off-site if the <br />Inclusionary Units will be located in an area where the Approval Authority <br />finds that, based on the availability of affordable housing, the need for such <br />units is equal or greater than the need in the area of the proposed <br />development. <br />2. Land Dedication. In lieu of building Indusionary Units, a Developer may choose <br />to dedicate to the City land suitable for the construction of Indusionary Units as <br />determined by the Approval Authority. The site must be suffident to allow <br />construction of the required Indusionary units plus ten percent. Infrastructure, <br />such as sewer, water, and utilities, must be adjacent to the property. <br />3. Credit Transfers. In lieu of building Indusionary Units, the Developer may <br />contribute funds to another project for the purpose of increasing the production of <br />affordable units within said project. The Approval Authority will determine the <br />credit that the developer may receive for the total number of affordable units <br />produced over and above the number of Indusionary Units that would otherwise <br />be required for said project. <br />4. In-lieu Fee. The Approval Authority may accept an in-lieu fee to <br />partially satisfy the Inclusionary requirement when such fee payment is <br />combined with one or a combination of the above alternatives. <br />ORDINANCE NO. 2004-023 13 <br />