19.28.030 Applicability.

(A) The provisions of this chapter shall apply to:

(1) Residential projects containing five or more residential parcels or units whose initial sales prices or rents will be affordable (as defined in Chapter 19.04, Definitions) to above moderate-income households.

(2) Residential rental projects containing five or more rental dwelling units.

(3) Nonresidential projects.

(B) These provisions shall not apply to:

(1) Any subdivision for which the final or parcel map was recorded, or any residential project subject to discretionary approval by the city for which a building permit has been issued by the city prior to the effective date of this chapter, unless approval or conditional approval of the subdivision or project was expressly conditioned upon participation in an inclusionary program such as that established by this chapter, or such participation was expressly required as an environmental mitigation measure for the subdivision.

(2) New residential development that is owned and operated by a nonprofit entity.

(3) New residential development that is deed restricted to be affordable to lower income households.

(4) New nonresidential development with a bona fide tax-exempt status.