§ 8.48.090. Rental housing production fee.

A.

Provisions Applicable to Maps Tentatively Approved Prior to September 27, 1985. As a condition of tract map or parcel map approval, the advisory agency shall require that the applicant or his successor in interest deposit, in an interest-bearing account, one percent of the purchase price of each unit, or, if all units are not sold within 18 months after final map approval, one percent of the current market value for each unsold unit as reflected in the assessor's tax roll at the expiration of the 18-month period. The deposits required by this section shall be deposited within 10 days after the agreement to purchase has been executed, or within 10 days after the expiration of the 18-month period, whichever is applicable. The county housing authority shall be the owner of the account, and funds deposited therein may be withdrawn by the county housing authority for use in the development of low-income household housing, rental apartments, special-needs housing, transitional housing, homeless shelters and such other housing which serves low-income households, including, but not limited to, the subsidizing of the cost of land to make a government subsidized project financially feasible. In the event the county housing authority uses such funds to subsidize a private development, the authority shall require the developer to execute a covenant and agreement that the project shall be restricted to low-income household apartment use, special-needs housing, transitional housing, use as a homeless shelter or such other housing which serves low-income households for a minimum time period of 20 years. In no event, however, may the funds be used for general administrative expenses of the county housing authority. The use of such funds by the county housing authority shall be in accordance with the following priority:

1.

First priority shall be to use the funds within a five-mile radius of the converted project;

2.

Second priority shall be to use the funds within the supervisorial district of the converted project;

3.

Third priority shall be to use the funds elsewhere within the county housing authority's jurisdiction.

B.

Provisions Applicable to Tentative Maps Approved on or After September 27, 1985. As a condition of tract map or parcel map approval, the advisory agency shall require that the applicant or his successor in interest deposit, in an interest-bearing account, one percent of the purchase price of each unit. The deposit required by this section shall be deposited within 10 days after the agreement to purchase has been executed. The county housing authority shall be the owner of the account, and funds deposited therein may be withdrawn by the county housing authority for use in the development of low-income household housing, rental apartments, special needs housing, transitional housing, homeless shelters and such other housing which serves low-income households including, but not limited to, the subsidizing of the cost of land to make a government subsidized project financially feasible. In the event the county housing authority uses such funds to subsidize a private development, the authority shall require the developer to execute a covenant and agreement that the project shall be restricted to low-income household apartment use, special-needs housing, transitional housing, use as a homeless shelter or such other housing which serves low-income households for a minimum time period of 20 years. In no event, however, may the funds be used for general administrative expenses of the county housing authority. The use of such funds by the county housing authority shall be in accordance with the following priority:

1.

First priority shall be to use the funds within a five-mile radius of the converted project;

2.

Second priority shall be to use the funds within the supervisorial district of the converted project;

3.

Third priority shall be to use the funds elsewhere within the county housing authority's jurisdiction.

For the purposes of this Section 8.48.090, "low-income households" means the same as lower-income households as defined in Section 50079.5 of the California Health and Safety Code.

(Ord. 99-0065 § 2, 1999: Ord. 85-0142 § 1, 1985: Ord. 12043 § 6, 1979.)