§ 21.03.007 OFF-SITE AFFORDABLE UNITS.

   (A)   Off-site inclusionary units, in place of or combined with on-site units, may be approved upon a showing by the applicant for the residential development, approved by the appropriate authority, that off-site units will provide a greater contribution to the county’s affordable housing needs. If a developer chooses off-site affordable housing, the inclusionary requirement shall be 20% (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. The development of off-site units must result in the creation of newly constructed units, or units that are not otherwise previously planned or required for a separate development, unless approved by the Board of Supervisors.

   (B)   Off-site affordable units, to the greatest extent possible, should be located within the same planning area as the market rate project.

      (1)   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)   Off-site units may be allowed only if their location is identified and is owned, or site control is demonstrated by the applicant, at the time of approval.

   (D)   Except as otherwise provided in the affordable housing agreement for the residential development, building permits for corresponding market-rate units will not be issued until building permits have been issued for off-site units, and final inspections for occupancy will not occur for corresponding market-rate units until final inspections for occupancy have occurred for off-site units.

   (E)   The off-site inclusionary housing requirements of this chapter are summarized in the following tables. Should there be any discrepancy between these tables and the text of this chapter, the text shall control.

Off-Site For-Sale Inclusionary Requirement (20%)
Size of Development	Inclusionary Requirement (20%)	Moderate-Income (81%-120% AMI)	Low-Income (51%-80% AMI)
1-5	None
6-10*	Payment of in-lieu fee
11-13*	Provide 20% inclusionary units + fractional fee	1 unit	1 unit
14-18*	Provide 20% inclusionary units + fractional fee	2 units	1 unit
19-23*	Provide 20% inclusionary units + fractional fee	2 units	2 units
24 lots or more*	Provide 20% inclusionary units + fractional fee	10% of all units	10% of all units
Note: * Fractional units, regardless of project size or on-site or off-site, still pay in-lieu fees.

 

Off-Site Rental Unit Requirement (20%)
Size of Development	Inclusionary Requirement (20%)	Very Low-Income (<50% AMI)	Low-Income (51%-80%)	Moderate-Income (81%-120%)
1-5	None
6-10*	Payment of in-lieu fee
11-13*	Provide 20% inclusionary units + fractional fee	1 unit	1 unit
14-18*	Provide 20% inclusionary units + fractional fee	1 unit	1 unit	1 unit
19-23*	Provide 20% inclusionary units + fractional fee	2 units	1 unit	1 unit
24 lots or more*	Provide 20% inclusionary units + fractional fee	7.5% of all units	7.5% 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, § 8, 2020; Ord. 1052, § 2, 2023; Ord. 1059, § 2 (part), 2023)