§ 26-98-800. Deferral of development fee payment.

(a)

Notwithstanding any other provision of this Code, payment of development fees imposed pursuant to this chapter and Chapter 25 of this Code may be deferred on projects that provide affordable or special needs housing subject to compliance with the provisions of this section. A fee deferral may be requested any time prior to issuance of a building permit.

(b)

A fee deferral may be approved if the director or the board of supervisors determines, in consultation with affected departments, that the improvements funded by the fees can be delayed or that the fees from the project are not needed to finance the programmed public improvements over the near-term.

(c)

Fees for affordable rental housing may be deferred until the time permanent financing for the project is in place or a certain date specified by the promissory note, whichever occurs first. Fees for affordable ownership housing may be deferred until the sale of the dwelling unit, or a certain date specified by the promissory note, whichever occurs first.

(d)

To secure payment of deferred fees a promissory note and a deed of trust, or other instrument(s) as authorized by the board of supervisors and approved by county counsel, shall be recorded against the parcel on which the project is being constructed. The deed of trust may be subordinated to the purchase and construction financing, at the discretion of the director of the department.

(e)

For the purpose of this section an affordable housing development shall mean dwelling unit(s) reserved for rent or sale to a low-, very low-, or extremely low-income household pursuant to the provisions of the general plan housing element, including the requirement that the continued affordability of said units be secured by a recorded affordable housing agreement or special needs housing agreement, as applicable. A special needs housing development shall have at least twenty (20) percent of the special needs units reserved for occupancy by very low-, low-, or extremely low-income special needs households.

(f)

The director of the Sonoma County Permit and Resource Management Department is hereby authorized and directed to execute any documents on behalf of the County of Sonoma which may be required to implement the provisions of this section, provided the forms of such documents have been approved by the county counsel.

(g)

The county counsel is authorized and directed to prepare or review and approve as to legal form, all necessary legal documents, including but not limited to promissory notes, deeds of trust, any escrow instructions which may be necessary to implement the provisions of this section.

(h)

The board of supervisors may, by resolution, temporarily extend the benefits of fee deferral under this section to additional categories of development projects as it determines appropriate. All fee deferrals authorized by such resolution shall be subject to the provisions of this section, with the exception that the provisions of subsection (c) shall not apply, and instead fees deferred pursuant to such resolution shall be due and payable at time of building occupancy or final inspection whichever occurs first, but not later than thirty-six (36) months from the date of original issuance of the building permit.

(Ord. No. 5897, § II, 7-13-2010; Ord. No. 5569 § 11, 2005: Ord. No. 5009 § 1(H), 1997.)