Chapter 4 — LIMITATIONS AND RESTRICTIONS

Section

• 110.0401 Limitations and Restrictions on Activities.
• 110.0402 Limitations and Restrictions on Property.
• 110.0403 Replacement Housing.

In carrying out the purposes of this Division, the County may not provide any form of financial assistance for projects that include: (a) An automobile dealership which will be or is on a parcel of land that has not previously been developed for urban use. (b) Agricultural land and open-space land that is enforceably restricted, as defined in Government Code § 51201(b). (c) A development or business, either directly or indirectly, for the acquisition, construction, improvement, rehabilitation, or replacement of property that is or would be used for gambling or gaming of any kind whatsoever. This does not include acquiring property on, or in which an existing gambling enterprise is located, for the purpose of selling or leasing the property for uses other than gambling, provided that the County acquires the property for fair market value. (Ord. 4316, passed - -2017)

Nothing in this Chapter shall be read to abrogate the limits and protections set forth in Section 5 of Article VI of the County Charter. The County shall not sell, lease, or otherwise transfer, at a price that is less than the fair market value, any real property that was acquired through eminent domain, except for property governed by the long-range property management plan pursuant to § 34191.5 of the Health and Safety Code, or any housing asset transferred to the County pursuant to § 34176 of the Health and Safety Code. (Ord. 4316, passed - -2017)

(a) The actions of the County under this Division should not ordinarily lead to the removal of existing dwelling units inhabited by persons or families of very low, low, or moderate income, as defined in §§ 50105 and 50093 of the Health and Safety Code. If, however, any dwelling units inhabited by persons or families of very low, low, or moderate income, as defined in §§ 50105 and 50093 of the Health and Safety Code, are proposed to be removed or destroyed in the course of public works construction or private development that is subject to a written agreement with the County or that is financed in whole or in part by the County under this Division, the County shall: (1) Cause or require the construction or rehabilitation of an equal number of replacement dwelling units that have an equal or greater number of bedrooms as those removed or destroyed, within four years of the removal or destruction of the dwelling units. The replacement dwelling units shall be available for rent or sale to persons or families of very low, low, or moderate income, at affordable rent, as defined in § 50053 of the Health and Safety Code, or at affordable housing cost, as defined in § 50052.5 of the Health and Safety Code, to persons in the same or a lower income category (extremely low, very low, low, or moderate), as the persons displaced from, or who last occupied, the removed or destroyed dwelling units. (2) Comply with all relocation assistance requirements of Chapter 16 (commencing with § 7260) of Division 7 of Title 1 of the Government Code, for persons displaced from dwelling units by any public works construction or private development that is subject to a written agreement with the County or that is financed in whole or in part by the County as a result of a project undertaken pursuant to this Division. (3) Ensure that removal or destruction of any dwelling units occupied by persons or families of low or moderate income not take place unless and until there has been full compliance with the relocation assistance requirements of this section and Chapter 16 (commencing with § 7260) of Division 7 of Title 1 of the Government Code, as such may apply. (b) The County shall require, by recorded covenants or restrictions, that all dwelling units constructed or rehabilitated pursuant to § 110.0403 shall remain available at affordable rent or housing cost to, and occupied by, persons and families of the same income categories for the longest feasible time, but for not less than 55 years for rental units and 45 years for owner-occupied units. (Ord. 4316, passed - -2017)