(A) A residential development application will not be deemed complete until the applicant has submitted plans and proposals which demonstrate the manner in which the applicant proposes to meet the requirements of this chapter, including any plans for the construction of on-site units, commitment of off-site units, and/or intent to pay in-lieu fees.
(B) Conditions to carry out this chapter shall be imposed on the approval of a residential development. When granting the approval, the appropriate authority shall determine and include as a condition of approval: (1) the method of compliance with this chapter, including whether the residential development will comply with this chapter through provision of on-site units or off-site units or payment of an in-lieu fee or combination thereof; (2) if inclusionary units are to be provided, the number of units required and fractional amount of units for which an in-lieu fee may be paid; and (3) such other matters as the appropriate authority deems proper. The condition of approval shall further provide that prior to the recordation of the parcel map or final map in the case of subdivisions and/or prior to the issuance of building permits in the case of all other land use permits to which this chapter applies, the applicant shall enter into an affordable housing agreement acceptable to the director that contains specific requirements implementing the condition of approval including, but not limited to, as applicable, the number of inclusionary units, the level of affordability, location and type of inclusionary units, timing of construction of inclusionary units in relation to the construction of the market rate units contained in the development, and amount of the in-lieu fee, if any. The affordable housing agreement may be amended by the parties, provided the amendment is consistent with the condition of approval imposed as part of the approval and the existing county approvals. If the proposed amendment is minor or technical in nature, the Director shall have authority to approve or disapprove the amendment on behalf of the county. If the proposed amendment makes a substantive or material change to the affordable housing agreement, the amendment shall be effective only if, following notice and hearing and such other procedures as may be required by law, approved by the appropriate authority who gave the approval on the project.
(C) Where a residential development receives a subdivision approval, the final subdivision map or parcel map, which is to be filed and recorded, shall include a notation, in a form acceptable under the Subdivision Map Act, describing the condition of approval to comply with this chapter.
(D) Where the party subject to a fully executed affordable housing agreement or other document regulating or limiting the operation, price or rent of an inclusionary unit, entered into under this chapter or any previous version of this chapter, believes that the document requires modification as a result of unusual circumstances which could not have been foreseen at the time the document was entered into, the affected party may apply to the County Board of Supervisors for modification of the document. Such modification shall be considered at a public hearing during a regularly scheduled meeting.
(E) 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. 866, § 1(part), 2010; Ord. 951, § 1(part), 2016; Ord. 1052, § 2, 2023; Ord. 1059, § 2 (part), 2023)