§ 24-132. Donations of land.

All land donated for the purpose of constructing affordable housing shall meet the following requirements:

A.

Date of Transfer. The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, recorded parcel map, or residential development application.

B.

Developable Acreage. The developable acreage of the land being transferred shall be sufficient to permit construction of units affordable to very low-income households in an amount not less than ten (10) percent of the number of residential units in the proposed development.

C.

Minimum Size. The transferred land shall have an area sufficient to permit development of at least forty (40) units.

D.

Appropriate Regulations and Infrastructure. The transferred land shall have the appropriate General Plan land use designation, zoning and development standards to make the development of affordable units feasible, and it shall have existing or planned public facilities and infrastructure that are adequate to support the development.

E.

Entitlements. No later than the date of approval of the final subdivision map, recorded parcel map, or residential development application, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land.

F.

Deed Restriction. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with the requirements of this article. The restriction shall be recorded on the property at the time of dedication.

G.

Recipient. The land shall be transferred to the County or to a housing developer approved by the County. The County may require the applicant to identify and transfer the land to the developer.

H.

Location. The transferred land shall be within the boundary of the proposed development or, if the County agrees, within one-quarter (¼) mile of the boundary of the proposed development.

(Ord. No. 4062, § 1, 9-10-13)