§ 10-8.501. Second Unit Affordability Agreements.

Any applicant requesting a second unit exceeding six hundred forty (640) square feet in size shall submit a second unit affordability agreement in a form approved by the City Attorney. The second unit affordability agreement shall be recorded and shall be a covenant which run with the land. It may include, but not be limited to, the following provisions:

(a)

Requirement that the owner reside in one (1) of the units.

(b)

Requirement that one (1) of the units be maintained as an affordable rental available to persons of low income, as defined in this chapter. In the alternative, the entire site may be occupied by the owner and his/her family members.

(c)

The term of affordability for affordable units (minimum of thirty (30) years).

(d)

The standards for maximum qualifying incomes for affordable units.

(e)

The standards for maximum rents for affordable units.

(f)

The process to be used to certify tenant/homeowner incomes.

(g)

The arrangements with the Stanislaus County Housing Authority for monitoring of the affordable units.

(h)

How vacancies will be marketed and filled.

(i)

Restrictions and enforcement mechanisms binding on property upon sale or transfer.

(j)

Penalties and enforcement mechanisms in event of failure to maintain affordability provisions.