§ 22.119

The purpose of this Chapter is to preserve the supply of affordable housing and require affordability of replacement dwelling units.

(Ord. 2021-0018 § 8, 2021.)

Specific terms used in this Chapter are defined in Division 2 (Definitions), under "Affordable housing and senior citizen housing."

(Ord. 2021-0018 § 8, 2021.)

Except as otherwise specified in this Chapter, the provisions of this Chapter, in conjunction with Chapter 22.166 (Housing Permits), apply to any of the following:

A.

New construction of any principal building;

B.

A change of a principal residential use to another principal use;

C.

A change in the number of dwelling units;

D.

A land division subject to Title 21 (Subdivisions) of the County Code; or

E.

Legalization of an existing unpermitted dwelling unit.

(Ord. 2021-0018 § 8, 2021.)

22.119.040 - Exemptions.

The following are exempt from the requirements of this Chapter:

A.

New construction of a single-family residence on a lot with no other principal uses or structures;

B.

New construction or legalization of accessory dwelling units or junior accessory dwelling units;

C.

Conversion to resident ownership of all rented spaces in a mobilehome park;

D.

Addition of mobilehome spaces or mobilehomes in a mobilehome park;

E.

A lease project, as defined in Section 21.08.090 (Lease project) in Title 21 (Subdivisions) of the County Code;

F.

A project in a Very High Fire Hazard Severity Zone, as depicted in the General Plan;

G.

A project that is located within an area subject to an affordable housing replacement requirement, pursuant to a development agreement, specific plan, or local policy.

(Ord. 2021-0018 § 8, 2021.)

22.119.050 - Requirements.

A.

Dwelling units that are proposed to be or have been demolished, vacated, or converted from rental to for sale, shall be replaced if the use and density of such units are consistent with zoning or the General Plan, including any applicable Area, Community, or Neighborhood Plan, as set forth in Section 22.02.050 (Consistency with the General Plan), and are or were any of the following:

1.

Subject to a recorded covenant that restricts rents to levels affordable to persons and families of moderate, lower, very low or extremely low income within the five years prior to application submittal;

2.

A rent-stabilized unit pursuant to Section 8.52.030.F (Covered Rental Unit) in Title 8 (Consumer Protection, Business and Wage Regulations) of the County Code or pursuant to section 1947.12 of the California Civil Code within the five years prior to application submittal;

3.

Occupied by lower, very low or extremely low income tenants, including mobilehome owners renting spaces in a mobilehome park, within the five years prior to application submittal;

4.

Withdrawn from rent or lease in accordance with Chapter 12.75 (commencing with section 7060) of the California Government Code within the 10 years prior to application submittal.

B.

The number and type of affordable replacement units shall be determined as follows:

1.

The number of affordable replacement units for lower or very low income households shall be determined in accordance with section 65915 of the California Government Code;

2.

Affordable replacement units for lower or very low income households shall be provided at the level of affordability determined in accordance with section 65915 of the California Government Code;

3.

Affordable replacement units for extremely low income households shall be provided in at least the same number as existed on the site within the five years prior to application submittal, or in the same proportion of extremely low income renter households to all renter households within unincorporated County, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database, if the income category is unknown for any of the following:

a.

The current household in occupancy at the time of application submittal;

b.

The last household in occupancy, if a unit is unoccupied at the time of application submittal; or

c.

The households at the highpoint of such units that existed in the five-year period preceding application, if the units have been vacated or demolished.

Dwelling units that are or were rent-stabilized pursuant to Section 8.52.030.F (Covered Unit) in Title 8 (Consumer Protection, Business and Wage Regulations) of the County Code or section 1947.12 of the California Civil Code during the five-year period prior to application submittal, and were or are occupied by households above lower income, shall be replaced with units affordable to lower, very low or extremely low income households;

5.

At least the same total number of dwelling units and at least the same total number of bedrooms shall be replaced at the same or deeper level of affordability;

6.

The required number of affordable replacement units shall not be reduced as the result of the deeper level of affordability of the affordable replacement units;

7.

Affordable replacement units affordable to lower, very low or extremely low income households shall be rental dwelling units; and

8.

Units subject to a covenant that restricts rents to levels affordable to moderate income households shall be replaced with units that are affordable to households of moderate income or below moderate income. If they are replaced with units affordable to households of moderate income, the affordable replacement units may be rental or for sale.

C.

Inclusionary Housing or Density Bonus. Affordable replacement units required in this Chapter may count toward the affordable housing set-aside units required in Chapter 22.120 (Density Bonus) or Chapter 22.121 (Inclusionary Housing), if applicable.

D.

Location of Affordable Replacement Units.

1.

On-site. Except as specified in Subsection D.2, below, affordable replacement units shall be provided onsite.

2.

Off-site.

a.

Affordable replacement units may be provided off-site, subject to the following:

i.

The affordable replacement units count toward the affordable housing set-aside units required in Chapter 22.121 (Inclusionary Housing);

ii.

The required affordable housing set-aside units are provided off-site, subject to all applicable provisions in Section 22.121.050.F (Location), except that the off-site parcel shall be located in an unincorporated area of the County and is either within one-quarter mile of the principal project or developed as part of a community land trust; and

iii.

The construction of such units does not result in units requiring replacement pursuant to this Chapter.

b.

Notwithstanding Subsection D.2.a.i, above, where the number of required affordable replacement units exceeds the number of required affordable housing set-aside units that are provided off-site, all affordable replacement units, including those that do not count toward the required affordable housing set-aside units, may be provided on the same off-site parcel, subject to the following:

i.

The off-site parcel, with its developable acreage, zoning and General Plan land use designation, is sufficient to permit the construction of all affordable replacement units; and

ii.

The requirements in Section 22.121.050.F.5, if the applicant partners with a third-party developer for the provisions of the affordable replacement units.

E.

Notwithstanding Subsection D, above, a project that is subject to this Chapter may provide replacement in accordance with Chapter 22.268 (Affordable Housing Replacement Fee) if it is either of the following:

1.

A non-residential development; or

2.

A land division that:

a.

Shall result in no increase in dwelling units; and

b.

Is required to provide rental replacement units pursuant to this Section.

F.

Tenure. Affordable replacement units in a common interest development or a single-family residential subdivision shall be for sale only.

G.

Timing.

1.

All permits and entitlements, including the building permits, for the affordable replacement units shall be obtained prior to or concurrently with the permits and entitlements, including the building permits, for the non-replacement units.

2.

Where affordable replacement units are provided off-site, pursuant to Subsection D.2, above, such units shall obtain a certificate of occupancy from Public Works prior to the issuance of the final certificate of occupancy for the principal project.

H.

Duration of Affordability.

1.

Rental. The affordability term for rental replacement units shall be in perpetuity.

2.

For sale. The initial sale of the affordable replacement units shall be restricted to eligible buyers and shall require an equity-sharing agreement with the County, as described in Chapter 22.166 (Housing Permits).

I.

Covenant and Agreement Required. A covenant and agreement ensuring the continued availability of affordable replacement units shall be recorded, pursuant to Section 22.166.070 (Covenant and Agreement).

(Ord. 2021-0018 § 8, 2021.)

Chapter 22.120 - DENSITY BONUS