§ 18.107.140. Residential projects—Continued affordability

A.

Prior to the issuance of certificates of occupancy for affordable units, rent regulatory agreements, resale restrictions, deeds of trust, and/or other documents, as appropriate, all of which must be acceptable to the housing director and county counsel and consistent with the requirements of this chapter, shall be recorded against parcels having such affordable units and shall ensure that each affordable unit remains affordable to the same income level for a minimum of forty years. Any rent regulatory agreement shall include the applicant's agreement 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.

At the time of resale of any owner-occupied affordable unit, resale restrictions, deeds of trust and/or other documents acceptable to the housing director shall be recorded against such affordable unit for a new minimum term of forty years.

C.

No household shall be permitted to occupy an affordable unit, or to purchase an affordable unit for owner-occupancy, unless the county or its designee has approved the household's eligibility. If the county or its designee maintains a list of eligible households, households selected to occupy affordable units shall be selected first from that list to the extent provided in the affordable housing agreement, rent regulatory agreement, or resale restrictions.

D.

For each owner-occupied affordable unit provided pursuant to this chapter, the owner may be required to pay to the county an administrative transfer fee to defray the costs to the county of any change of ownership during the term of required affordability, if such a fee is adopted by resolution of the board of supervisors.

(Ord. No. 1334, § 3, 1-19-2010)