§ 1600-600. ALTERNATIVES TO ON-SITE CONSTRUCTION

(a)

General Requirements. For residential development projects in which the on-site construction of affordable units is not feasible, as defined in Section 1600-200 of this ordinance, a project applicant may request approval from the Planning Commission of an alternative, or combination of alternatives, for the development of such units. In no case shall the number of required affordable dwelling units be decreased from the original number otherwise required by the proposed residential development project.

(1)

Requests. If the project applicant wishes to seek approval of an alternative, or combination of alternatives, to on-site construction of affordable units, he/she shall submit such request and plan at the time of application submittal (e.g., tentative parcel map, subdivision map, rezoning, General Plan amendment, specific plan, development agreement and/or use permit) to the Development Services Department.

(2)

Approval. The Planning Commission may approve, conditionally approve, or reject such a request. If the Planning Commission rejects such a request, the project applicant shall be required to meet the obligations of this ordinance by other means set forth in this ordinance.

(b)

Off-Site Construction Request. As an alternative to the construction of affordable units on the same site as the proposed market rate development, a project applicant may request the Planning Commission approve off-site construction of affordable units. The units may be constructed on land previously dedicated to the County or to a non-profit housing corporation engaged in the development of affordable housing within the unincorporated area of the County, or on property owned by the project applicant elsewhere within the unincorporated area of the County.

(c)

Irrevocable Offer to Dedicate Land. As an alternative to on-site construction of affordable units, a project applicant may irrevocably offer to dedicate sufficient land zoned for and approved for residential development at a density consistent with the General Plan. Such site must be of sufficient size to allow for development of a number of affordable units at least equal to the number otherwise required by this ordinance. The land that is dedicated must be at least of equal value to the in-lieu fee that would otherwise be paid, as supported by a appraisal performed by a State certified appraiser.

(1)

The project applicant must identify the land to be dedicated at the time the project applicant applies for project approval, but in no event later than the application for a tentative subdivision or parcel map.

(2)

Such request is subject to County analysis of the appropriateness of such dedication and an agreement between the project applicant and the County.

(d)

In-Lieu Fee Request. As an alternative to on-site construction of residential units or the dedication of land, the Planning Commission, upon request by the project applicant, may approve the payment of an in-lieu fee to an established Affordable Housing Trust Fund for the future construction of affordable units. The in-lieu fee amount shall be sufficient to enable the County or its designee to satisfy the affordable housing requirement under this ordinance by providing sufficient funds for the development of the required units, as set forth in the fee schedule in effect at the time of payment of the fee as determined by the Board of Supervisors. The fee schedule shall be adopted and periodically amended by resolution of the Board of Supervisors. The in-lieu fee shall be paid prior to the issuance of a certificate of occupancy for the market rate units in the residential development.

(e)

Credit Transfer Request. As an alternative to on-site construction, a project applicant may request the Planning Commission's approval of a transfer of affordable housing credits from one site to another.

(1)

Establishment of Credit. The County shall credit project applicants for units actually constructed and set-aside as affordable in excess of the affordable unit requirement for that project. A one-for-one credit will be given for each affordable unit in excess of the requirement.

(2)

Minimum Criteria. All transfers of credit must meet the following criteria:

a.

The transfer of credit must be determined to be consistent with the County's goal of creating, preserving, maintaining, and protecting housing for very low, low, and moderate income households.

b.

A credit shall not be transferred more than once.

c.

The affordable units for which credit is transferred must be certified for occupancy concurrently with, or prior to, occupancy of the market rate units in the project for which credit is granted.

d.

Deed restrictions shall be placed on such units to ensure they are affordable for five years.

(3)

Credit Banking. Credits may be banked by project applicants for subsequent transfer under the following conditions:

a.

Authorization to bank credits for subsequent transfer must be obtained at the time of, or prior to, final approval of the project from which such credits originate.

b.

Project applicants may transfer banked credits for a maximum period of ten years from the date of authorization to bank credit is obtained.

c.

The banked credit may be purchased from the project applicant by other project applicants for use for any market rate project. The Development Services Department shall maintain an inventory of the banked credits that are available to each project applicant.

(4)

Non-Profit Agency and Housing Authority Participation. As an alternative to the on-site construction of affordable housing units, a project applicant may request the Planning Commission's approval to allow the project applicant to work with non-profit agencies or the Housing Authority in creating affordable housing units on another site. A plan describing such a partnership and the project must be submitted to the Development Services Department for review by the Planning Commission. The number of affordable units proposed in such a partnership project must be at least equal to the number of units required to be built by the project applicant if such a partnership did not exist.

(5)

Dedication and Conversion of Existing Units. As an alternative to on-site construction, a project applicant may request the Planning Commission's approval to dedicate and convert existing market rate units to affordable units. Such a request is subject to County analysis of the appropriateness of such a dedication and conversion and an agreement between the project applicant and the County. This dedication shall be made either to the Housing Authority or a non-profit agency.

(6)

Affordable Unit Credit. Existing units used to fulfill the affordable housing requirement of this section shall be deemed to meet the requirement on a one-for-one basis. In approving or disapproving such applications, the Planning Commission may consider all relevant factors, including but not limited to, the type and location of such units, whether repairs are required to meet existing code requirements, and whether approval would involve the displacement of occupants. The project applicant shall perform any needed rehabilitation work prior to the dedication or conversion of the units.

(Ord. 1584, Sec. 4, May 28, 2013)