§ 26-89-030. Administration and General Requirements

A.

Administrative responsibility. The requirements and procedures of this Article shall be administered by the Department, and the Sonoma County Community Development Commission, hereafter referred to as the "CDC." The Board may adopt policies for the purposes of administering the Affordable Housing Program which policies may be amended from time to time.

B.

Affordable Housing Requirements. Unless otherwise exempt under Subsection 26.89.040 B. (Exempt projects), any person who constructs one or more residential units shall provide affordable housing through one of the following:

1.

On-site construction of affordable units in accordance with Subsections 26.89.040 C. 1. (Ownership Projects) or 26.89.040 C. 2. (Rental Projects); or

2.

Payment of an affordable housing fee in accordance with Subsection 26.89.040 F. (Affordable housing fee); or

3.

An alternative equivalent action approved in accordance with Subsection 26.89.040 G.

C.

Calculation of base units, affordable units, and density bonus units. The following requirements apply to calculations performed in the administration of the provisions of this Article regarding base, affordable and density bonus units.

1.

When calculating the number of base dwelling units allowed on the site in compliance with this Development Code, any decimal fraction shall be disregarded.

2.

Density bonus units are counted in the total when determining the number of affordable units required in a Housing Opportunity Area Program Type A or Type C project.

3.

Density bonus units are not counted when determining the number of affordable or senior units required to qualify a project for a density bonus or incentives under the State density bonus program.

4.

When calculating the number of affordable or senior units required, any decimal fraction shall be counted as a whole unit, except as specifically provided by Subsection 26-89-040 E.

5.

When calculating the number of density bonus units to be granted to an applicant, a fractional unit shall be rounded up to the nearest whole number.

6.

A second dwelling unit shall not be considered a base unit when calculating affordable housing, workforce housing, or density bonus program requirements, nor shall it be considered as an affordable unit except when meeting the affordable housing requirement for one single-family home on one single parcel, as provided in Subsection 26-89-040 E., or if provided under an Affordable Housing Agreement and approved as an Alternative Equivalent Proposal consistent with Subsection 26-89-040 G. and the requirements of 26-89-070.

D.

Design and construction standards. All affordable and senior housing units provided in compliance with this Article shall be designed and constructed in compliance with the standards in Section 26-89-070 (Design and Construction Standards).

E.

Affordable housing incentives. A residential project that complies with the requirements of this Article through the construction of affordable units on-site may be entitled to incentives in compliance with Section 26-89-060 (Affordable Housing Incentives).

F.

Density bonus available. A residential project that complies with the requirements of this Article through the construction of affordable units on-site may also qualify for a density bonus in compliance with Section 26-89-050 (Density Bonus Programs).

G.

Housing Proposal required.

1.

Applicants for residential projects shall submit, with the initial project application, an Affordable Housing Proposal, which shall include a site plan and a detailed proposal statement describing how the project will comply with the provisions of this Article (i.e., provision of units on-site, payment of fees, or alternative equivalent action).

2.

The Affordable Housing Proposal shall include a listing of the number, type, size, tenure, number of bedrooms, and proposed affordability level for each and every unit within the development.

3.

No application for any residential project shall be deemed complete until the Affordable Housing Proposal is submitted.

4.

Modifications to an existing application shall be considered a new application for the purposes of permit streamlining.

5.

The Affordable Housing Proposal shall be considered and acted upon by the review authority at the same time as the permit for the residential project that is the subject of the proposal.

6.

Project approvals and conditions shall incorporate the provisions of the Affordable Housing Proposal, as approved or modified by the review authority.

H.

Permit requirements. Implementation of the Affordable Housing Proposal shall be ensured through the following, as applicable:

1.

Discretionary permits. Each discretionary permit authorizing a residential project, including tentative maps, shall contain a condition detailing the actions required for compliance with this Article (i.e., provision of units on-site, payment of fees, or alternative equivalent action).

2.

Final or parcel maps. Each final map or parcel map shall bear a note indicating the method of compliance with the requirements of this Article, and stating that an Affordable Housing Agreement shall be recorded, fees paid, or alternative action undertaken in compliance with Subsections 26-89-040.G. or 26-89-045.F. before issuance of a Building Permit with respect to each parcel created by the map.

3.

Building Permits. Unless the unit is exempt under Subsection 26-89-040.B. (Exempt Projects), no Building Permit shall be issued for a residential unit until the applicant has demonstrated compliance with this Article through recordation of an Affordable Housing Agreement, through payment of fees, or through alternative equivalent action authorized in compliance with Subsection 26-89-040.G.

I.

Timing of construction. If a residential project will comply with the requirements of this Article through the construction of affordable housing units, whether on- or off-site, all required affordable units shall be constructed concurrent with, or before, the construction of the market rate units. If the County approves a phased project, the required affordable units shall be provided within each phase of the residential project in the same proportion as in the project as a whole.

J.

Project approval. A residential project that provides at least 20 percent of the total units for extremely low, very low, or low income households or that provides 100 percent of the total units to either lower or moderate income households shall not be disapproved or conditioned in a manner that renders the project infeasible for development for use of lower or moderate income households unless any one of the following findings is first made:

1.

The Housing Element has been revised in compliance with Government Code Section 65588 and is in substantial compliance with the Government Code, and the County has met or exceeded its share of the regional housing need for the income category proposed for the residential project;

2.

The residential project as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the project unaffordable to low- and moderate-income households. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete;

3.

The denial of the project or imposition of conditions is required in order to comply with specific State or Federal law, and there is no feasible method to comply without rendering the project unaffordable to low- and moderate-income households;

4.

The residential project is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes;

5.

The proposed project does not have adequate water or wastewater facilities to serve the project; or

6.

The residential project is inconsistent with both the zoning and General Plan land use designation as specified in any element of the General Plan as it existed on the date the application was deemed complete and the County has adopted a revised Housing Element in compliance with Government Code Section 65588 that is in substantial compliance with the Government Code, provided however that no residential project shall be denied based upon this finding if it is proposed on a site that is identified in the Housing Element as suitable or available for very low, low or moderate income households and is consistent with the density provided in the Housing Element.

K.

Limitations on development standards. Site development and design review standards shall not be applied to an affordable housing project that qualifies under State density bonus laws (Government Code Section 65915), if such standards would have the effect of physically precluding the construction of that project at the densities or with the concessions or incentives allowed by Section 65915, unless failure to apply the standard would result in one or more specific adverse impacts on public health or safety or the physical environment, and there is no other feasible method to mitigate the adverse impact(s).

L.

Housing agreement required for affordable units. If a residential project will comply with the requirements of this Article through the construction of affordable housing units on- or off-site, the property owner shall execute an Affordable Housing Agreement (in compliance with Section 26-89-100) before any of the following:

1.

Any ministerial action by the County with regard to the project;

2.

Recordation of a final map; or

3.

Issuance of a Building Permit for any unit within the project. The provisions contained within an Affordable Housing Agreement shall be enforceable by the County, and any violation of the agreements shall constitute a violation of this Development Code.

(Ord. No. 6085, § IV(Exh. C), 10-7-2014)