A. Restricted Affordable Units shall be constructed concurrently with Non-Restricted Units unless both the City and the applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development.

B. Restricted Affordable Units shall remain restricted and affordable for a period of 30 years. The City may require a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

C. In determining the maximum Affordable Rent or Affordable Sales Price of Restricted Affordable Units, the presumed household size as set forth in the City’s Housing Program shall be used, unless the Housing Development is subject to different assumptions imposed by other federal or state regulations.

D. Restricted Affordable Units shall be built on-site and be dispersed within the Housing Development, except as permitted in subsection E of this Section. The number of bedrooms of the Restricted Affordable Units shall be equivalent to the bedroom mix of the Non-Restricted Units in the Housing Development; except that the applicant may include a higher proportion of Restricted Affordable Units with more bedrooms. The design, appearance and general quality of the Restricted Affordable Units shall be comparable and compatible with the design of the Non-Restricted Units in the Development. The Development shall comply with all applicable Development Standards, except those which may be modified as provided by this chapter.

E. Circumstances may arise in which the public interest would be served by allowing some or all of the Restricted Affordable Units associated with one Housing Development to be produced and operated at an alternative development site. Where the applicant and the City so agree, the resulting linked developments shall be considered a single development for purposes of this chapter. Under these circumstances, the applicant shall be subject to the same requirements of this chapter for the Restricted Affordable Units to be provided on the alternative site.

F. A Density Bonus Housing Agreement, as described in Section 27.090, shall be made a condition of the discretionary permits for all Developments subject to this chapter. The Density Bonus Housing Agreement shall be recorded as a deed restriction on the parcel or parcels on which the Restricted Affordable Units will be constructed.