§ 21.03.006 ON-SITE AFFORDABLE UNITS.

   (A)   To satisfy its inclusionary requirement on-site, a residential development must construct inclusionary units in an amount equal to or greater than 15% of the total number of units approved for the residential development (except to the extent a fraction of a unit would be required). Applicants may elect to substitute an in-lieu fee if the fraction is less than 0.7. All fractions of 0.7 or greater are required to round to the nearest whole number resulting in an additional unit. Initial and subsequent affordability levels and eligible occupants of the inclusionary units shall conform to the requirements of § 21.03.010, as applicable.

   (B)   If a residential development is proposed more than ten miles from an incorporated city within San Benito County on- site affordable units shall not be constructed and instead off-site units shall be constructed. Said off-site units may be located outside of the planning area of the market rate project, subject to approval by the Planning Commission and the Board of Supervisors. The quantity of affordable units constructed off-site shall be calculated according to the off-site inclusionary requirement.

   (C)   On-site affordable units must receive building permits and certificates of occupancy concurrently with the remainder of the residential development, as set forth in and except as otherwise provided by the affordable housing agreement;

   (D)   The percentage of required inclusionary units is the same for both rental and for-sale housing, but income targeting for rental housing and for-sale housing are not the same. See the tables below for both on-site and off-site affordability target for-sale and rental inclusionary units. Should there be any discrepancy between this table and the text of this chapter, the text shall control.

On-Site For-Sale Inclusionary Requirements (15%)
Size of Development	Inclusionary Requirement (15%)	Moderate-Income (81%-120% AMI)	Low-Income (51%-80% AMI)
1-5	None
6-10*	Payment of in-lieu fee
11*	Provide 15% inclusionary units + fractional fee	1 unit
12-17*	Provide 15% inclusionary units + fractional fee	1 unit	1 unit
18-24*	Provide 15% inclusionary units + fractional fee	2 units	1 unit
25-31*	Provide 15% inclusionary units + fractional fee	2 units	2 units
32-37*	Provide 15% inclusionary units + fractional fee	3 units	2 units
38-40	Provide 15% inclusionary units	3 units	3 units
41 lots or more*	Provide 15% inclusionary units + fractional fee	7.5% of all units	7.5% of all units
Note: * Fractional units, regardless of project size or on-site or off-site, still pay in-lieu fees.

 

On-Site Rental Unit Inclusionary Requirements (15%)
Size of Development	Inclusionary Requirement (15%)	Very Low-Income (<50% AMI)	Low-Income (51%-80% AMI)	Moderate-Income (81%-120% AMI)
1-5	None
6-10*	Payment of in-lieu fee
11*	Provide 15% inclusionary units + fractional fee	1 unit
12-17*	Provide 15% inclusionary units + fractional fee	1 unit	1 unit
18-24*	Provide 15% inclusionary units + fractional fee	1 unit	1 unit	1 unit
25-31*	Provide 15% inclusionary units + fractional fee	2 units	1 unit	1 unit
32-37*	Provide 15% inclusionary units + fractional fee	2 units	2 units	1 unit
38-40	Provide 15% inclusionary units	2 units	2 units	2 units
41 or more*	Provide 15% inclusionary units + fractional fee	5% of all units	5% of all units	5% of all units
Note: * Fractional units, regardless of project size or on-site or off-site, still pay in-lieu fees.

 

(Ord. 951, § 1(part), 2016; Ord. 1,014, § 7, 2020; Ord. 1052, § 2, 2023; Ord. 1059, § 2 (part), 2023)