(A)

Purpose. This section is adopted in accordance with Government Code Sections 65915-65918 of the California Government Code, as may be amended. This section establishes a density bonus and incentive program to provide both density bonuses and other incentives for owner-occupied and rental housing developments to encourage the creation of housing affordable to moderate, low, and very low-income households, and to encourage the creation of housing for senior citizens. As used in this section, density bonus units are those units designated for senior citizens, or very low, low or moderate-income households that qualified the housing project for award of a density bonus or other incentives.

(B)

Applicable Zones. This chapter shall be applicable to all zones that allow residential uses.

(C)

Qualifications. All proposed housing developments that qualify under California Government Code Sections 65915-65918 for a density bonus and other incentives, and any qualified land transfer under California state law shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions, and obligations set forth in California Government Code Sections 65915-65918, as may be amended.

(D)

Application and Review. A developer seeking a density bonus, incentive or concession shall file an application with the department. The form and content of the application shall be as specified by the Director and shall be subject to a fee established by resolution of the Board of Supervisors. The Department will process the application concurrently with any other applications required for the housing development. The department will provide a list of all documents and information required to be submitted with the density bonus application in order for the density bonus application to be deemed complete and will notify the applicant whether the application is complete in a manner consistent with the timelines in Government Code Section 65943.

(E)

Approval. The Department shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Code Sections 65915-65918 and incentives or concessions also as described in the same sections.

(F)

Agreement. As a condition for the approval of a density bonus and additional incentive or incentives pursuant to this section, the applicant shall enter into a density bonus agreement with the County in a form approved by the County Counsel and consistent with the requirements of Government Code Section 65915 and other applicable state law. The Board of Supervisors is authorized to execute the density bonus agreement on behalf of the County. The executed density bonus agreement shall be recorded on the parcel or parcels designated for the construction of qualifying units or donated for the purpose of constructing qualifying units. The approval and recordation shall occur prior to final map approval or, where a map is not being processed, prior to the issuance of building permits for the parcels or units. The density bonus agreement shall be binding upon all future owners and successors in interest.

(G)

Standards for Qualifying Units. All qualifying units shall meet the following standards:

(1)

Concurrency. Qualifying units shall be built concurrently with all other units in the development unless the County and the applicant agree in writing to an alternative schedule for development.

(2)

Location. Qualifying units shall be built on-site wherever possible and, where practical, shall be dispersed within the housing development.

(3)

Unit Size. Where feasible, the number of bedrooms of the qualifying units shall be equivalent to the bedroom mix of the other units in the development, except that the developer may include a higher proportion of qualifying units with more bedrooms.

(4)

Design. The design and appearance of the qualifying units shall match the design of the housing development as a whole.

(5)

Linked Sites. Circumstances may arise in which the public interest would be served by allowing some or all of the qualifying units associated with one (1) housing development to be produced and operated at an alternative development site. If the developer and the County agree in writing to allow the production and operation of qualifying units at an alternative site, the resulting linked developments shall be considered a single housing development for the purposes of this chapter.

(H)

Retention. Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the County of Mendocino and the applicant shall agree to an appropriate method of assuring the continued availability of the density bonus units. For owner-occupied housing, the County may require an equity sharing agreement to be recorded against the parcel, as provided by Government Code Section 65915, with any funds to be paid to the County pursuant to such agreement to be deposited into the Affordable Housing Trust Fund established by this Chapter.

(Ord. No. 4538, § 61(Exh. A), 9-10-2024)

There is hereby established an Affordable Housing Trust Fund.

(A)

The Affordable Housing Trust Fund will receive all funds collected pursuant to this Chapter. The Fund may receive monies from other sources.

(B)

The Affordable Housing Trust Fund shall be administered by a non-profit entity designated by the Board of Supervisors, which may develop procedures to implement the purpose of the Fund with the provision of this Section.

(C)

Monies deposited in the Affordable Housing Trust Fund shall be expended in accordance with the Housing Element of the General Plan to construct, rehabilitate or subsidize affordable housing or to assist other individuals or organizations to do so. Monies from the fund shall be used to increase and improve the supply of housing affordable to moderate, low, very low, or extremely low income households within the County. Funds may be used for the benefit of both renter-occupied and owner-occupied housing.

(D)

This Chapter is intended to be one (1) tool in an effort to increase and improve affordable housing in Mendocino County. The Board of Supervisors will conduct an annual review of the progress of this Chapter to increase and improve affordable housing in the County. The review shall include an annual accounting of the use of the funds deposited in the Affordable Housing Trust Fund and a discussion of other programs implemented by the County to increase affordable housing in the County.

(Ord. No. 4538, § 61(Exh. A), 9-10-2024)

The provisions of the Housing Accountability Act, Government Code Section 65589.5, shall apply to the Department's review of housing development projects, as that term is defined in said section and as said section may be amended.

(Ord. No. 4538, § 61(Exh. A), 9-10-2024)