§ 18.107.110. Residential projects—Rental permitted if consistent with Costa-Hawkins Act.

A.

As an alternative to providing affordable ownership units on-site as required by Section 18.107.080, or paying housing fees pursuant to Section 18.107.090, an applicant may propose to provide twelve percent of the dwelling units in the residential project as rental dwelling units affordable to low income households. To ensure compliance with the Costa-Hawkins Act (Chapter 2.7 of Title 5 of Part 4 of Division 3 of the Civil Code), the county may only approve such a proposal if the applicant agrees in a rent regulatory agreement with the county to limit rents in consideration for a direct financial contribution or a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.

B.

The rent regulatory agreement with the county shall include provisions for sale of affordable units and relocation benefits for tenants of the affordable units if the owner of the residential project later determines to offer any affordable units in the residential project for sale. If dwelling units in the residential project are sold, the applicant shall provide as many ownership affordable units at an affordable sales price as required by Section 18.107.080. At the time of sale, resale restrictions, deeds of trust and/or other documents acceptable to the planning director shall be recorded against the affordable ownership dwelling units for a minimum term of forty years, as required by Section 18.107.140.

C.

For each rental affordable unit provided pursuant to this section, the owner may be required to pay to the county an annual monitoring fee for the term of required affordability that does not exceed the county's costs to monitor the affordable unit, if such a fee is adopted by resolution of the board of supervisors.

(Ord. No. 1334, § 3, 1-19-2010)