(A) The requirements of this chapter are minimum requirements and shall not preclude a residential development from providing additional affordable units and/or affordable units with lower rents or sales prices. Except as expressly provided in divisions (C) and (D) of this section, all residential developments shall contribute to the provision of housing for very low, low, and moderate-income households in the County of San Benito as provided in this chapter.
(B) Affordable units will be required to be constructed within ten miles of an incorporated city within San Benito County. If a residential development is proposed outside of the ten-mile radius, the development’s corresponding affordable units shall be located off-site and 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) Residential developments which meet one of the following criteria shall not be required to comply with this chapter:
(1) Residential developments that form part of a larger residential development as to which the requirements of this chapter have previously been fully satisfied and as to which there is no default in continuing obligations under this chapter, where the new residential development results in no increase in the number of previously approved lots or units;
(2) Development as to which the applicant demonstrates that there is no reasonable relationship between the development and the requirements imposed by this chapter, that the requirements of this chapter would take property in violation of the United States or California Constitutions, or that as a result of unusual or unforeseen circumstances, it would not be appropriate to apply, or would be appropriate to modify, the requirements of this chapter, provided that the Board of Supervisors makes the determination to approve or disapprove an exemption or modification, and makes written findings, based on substantial evidence, supporting that determination;
(3) Development for farm workers;
(4) Mobile-home park development.
(5) Notwithstanding any other provision of this chapter, an applicant may propose an alternative means of compliance with this chapter by submitting an affordable housing plan that achieves the purpose and intent of this chapter. The Board of Supervisors may approve such alternative method of meeting the county’s inclusionary housing requirement by means of a development agreement or an affordable housing agreement or other appropriate means if the Board of Supervisors finds and determine that, based on substantial evidence in the record, the proposed new residential development is consistent with the general plan, will assist in the attainment of the county’s identified housing needs and regional fair share responsibilities for very low, low, and moderate income households, and the number of affordable housing units will provide an acceptable level of affordable housing while providing public benefits consistent with compliance with the express requirements of this chapter.
(a) Developers may reserve or set-aside land to be transferred to an affordable housing developer to satisfy an affordable housing requirement. Land may be part of the market-rate development being constructed, or may be provided off-site in a high density residential zone. Priority will be given to development projects that satisfy affordable requirements through land set-aside and dedicated to high-density affordable housing.
(D) Pending developments, as that term is defined by this chapter, shall be subject to the requirements of the inclusionary housing ordinance in effect when the application for the development is approved by the appropriate authority, with the exception that vesting tentative maps shall be subject to the requirements of the inclusionary housing ordinance in effect when the application for the vesting tentative map was deemed complete.
(E) Notwithstanding any other provision of this chapter, an applicant may propose an alternative means of compliance with this chapter by submitting an affordable housing plan that achieves the purpose and intent of this chapter. The Board of Supervisors may approve such alternative method of meeting the county’s inclusionary housing requirement by means of a development agreement or an affordable housing agreement or other appropriate means if the Board of Supervisors finds and determine that, based on substantial evidence in the record, the proposed new residential development is consistent with the general plan, will assist in the attainment of the county’s identified housing needs and regional fair share responsibilities for very low, low, and moderate-income households, and the number of affordable housing units will provide an acceptable level of affordable housing while providing public benefits consistent with compliance with the express requirements of this chapter. Such alternative means of compliance may include:
(1) Payment of in-lieu fees;
(2) Developers may reserve or set aside the right to land to be transferred to an affordable housing developer to satisfy an affordable housing requirement. Land may be part of the market-rate development being constructed or may be provided off-site in a high-density residential zone. Priority will be given to development projects that satisfy affordable requirements through land set aside and dedicated to high-density affordable housing;
(3) Build affordable multi-family rental units within the development rather than affordable for-sale, single-family homes;
(4) Inclusionary requirement can be met through a combination of providing inclusionary units and in-lieu fees;
(5) Townhomes can meet for-sale housing requirements;
(6) Off-site construction. Require a higher percentage of inclusionary units if the developer selects this option;
(7) Land donation. Value of the land should not be lower than the total fees that would have been paid.
(F) Review process and approving authority. The Planning Commission will review affordable housing plans submitted with tentative subdivision map applications for compliance with this chapter and provide recommendations to the Board of Supervisors. The Board of Supervisors have the authority to approve affordable housing plans. Once an affordable housing plan is approved:
(1) The tentative map may be approved or conditionally approved by the Planning Commission if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, the Affordable Housing Regulations, and any applicable provision pursuant to County Code Title 23 Chapter 7.
(2) The County Engineer shall review the final map and any other required information, and the subdivider shall make corrections and/or additions until acceptable to the County Engineer pursuant to County Code Ch. 23.09.
(3) The final map, approved by the County Engineer as complying with the approved or conditionally approved tentative map, shall be recorded with the Board of Supervisors of approval after all required certificates have been signed. The date the map shall be deemed recorded with the Board of Supervisors is the date on which the Clerk of the Board receives the map. The Board of Supervisors shall consider the final map and affordable housing plan for approval at its next regular meeting following receipt of the map by the Clerk of the Board pursuant to County Code Title 23 Chapter 9.
(4) Any determination made by the appropriate authority to implement this chapter in connection with granting approval may be appealed pursuant to the appeal provisions of County Code Title 25 Chapter 1.
(Ord. 951, § 1(part), 2016; Ord. 1,014, § 5, 2020; Ord. 1052, § 2, 2023)