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<br />Ordinance No. NS-XXX <br />Page 9 of 16 <br /> <br /> <br /> <br />and Trained Workforce” as defined in Public Contract Code §§section 2601 to complete <br />the construction of the project shall pay a reduced fee of $5 (five) per square-foot as the <br />in-lieu fee for the project. The negotiated enforceable commitment shall also ensure a <br />minimum of 30% of all work-hours for the project be performed in accordance with local <br />hire policies approved by the City Council. <br /> <br /> (2) Entitled residential projects. Timing of payment. The applicant(s) of <br />an entitled residential total fee amount for the entirety of a project (see Exhibit A) may <br />either construct the inclusionary units or pay an in lieu fee as follows: <br />(i) Twenty (20) or fewer units. In the case of an entitled residential project containing <br />between five (5)is calculated, determined, and twenty (20) residential lots or residential <br />units, the developer may elect to satisfy the inclusionary unit requirements for the <br />project, in whole or in part, by payment of a fee in lieu of constructing some or all of the <br />required units. The amount of the fee allowed by this section shall be five dollars per <br />square foot ($5.00/ft.) of the sum total of the number of habitable square feet within the <br />entire project, as measured from the exterior walls of the residential units. This <br />calculation does not include exterior hallways, common areas, landscape, open space <br />or exterior stairways. <br />(ii) More than twenty (20) units. In the case of an entitled residential project comprised <br />of more than twenty (20) residential lots or residential units, the developer may elect to <br />satisfy the inclusionary unit requirements for the project, in whole or in part, by payment <br />of a fee in lieu of constructing some or all of the required units. The amount of the fee <br />allowed by this section shall be five dollars per square foot ($5.00/ft.) of the sum total of <br />the number of habitable square feet within the entire project, as measured from the <br />exterior walls of the residential units. This calculation does not include exterior hallways, <br />common areas, landscape, open space or exterior stairways. The in lieu fee amount <br />allowed herein by this subsection shall revert to fifteen dollars per square foot ($15.00) <br />on October 1, 2021 for any construction which adds net residential units, which has city- <br />approved entitlements, that has not been issued aset at the time of issuance of the first <br />building permit by October 1, 2021. <br />(iii) A residential project that has been entitled and approved with conditions to pay a <br />specific in lieu fee or has a city council approved development agreement to pay a <br />specific in-lieu fee shall comply with the conditions or the development agreement as <br />approved and shall not be modified by this ordinance. <br />(3) Timing of payment. The developer shall pay the for the project. The developer <br />shall pay all in-lieu fees allowed by this section for the entire project prior to issuance of <br />the building permitfirst occupancy approval for any construction which adds net <br />residential units. The developer may provide input regarding what project the in lieu fees <br />should be applied towards, but such input shall not be dispositive. The in-lieu fees <br />collected by the city are city funds over which the city has complete and absolute <br />discretion. <br /> <br /> (43) Inclusionary housing fund. Fees collected in compliance with this <br />section shall be deposited in the inclusionary housing fund. <br />