Inclusionary Housing Ordinance Amendment (Ord. 766)


SCH Number
Lead Agency
San Benito County
Document Title
Inclusionary Housing Ordinance Amendment (Ord. 766)
Document Type
NEG - Negative Declaration
Present Land Use
Z & GP: Agricultural Rangeland, Agricultural Productive, Rural, Rural Residential, Rural Transitional, Single Family Residential, Residential Multiple, Rural/Urban, Mineral Resource, Scenic Corridor, Open Space, Commercial Thoroughfare, Neighborhood Commercial, Controlled Manufacturing, Light Industrial, Planned Unit Development, Airport Safety, Seismic Safety, Flood Plain
Document Description
To amend the existing Inclusionary Housing Ordinance (No. 766) Sections 21.03.006 (On-Site Units) and Section 21.03.008 (In-Lieu Fees) to reduce the percentage of required Inclusionary unit(s) construction from 30% to 20%. The revised ordinance will also allow collected fees to subsidize affordable housing changes the definition of "affordable"; allows utility allowances to be included in monthly housing costs factors; changes the definition of "inclusionary unit" to allow senior second units with income limits to now qualify as affordable housing; allows negotiations/modification of the affordable housing requirements to occur pursuant to a development agreement, an affordable housing agreement or other means as determined by the Board of Supervisors, provided that the new residential development will assist in the attainments of the County's identified housing needs and regional fair share responsibilities for very low, low and moderate income households and the number of affordable housing units will provide an acceptable level of affordable housing while providing public benefits consistent with the inclusionary housing ordinance; deletes the requirement that the number of bedrooms in off-site units are not less, on an average, than on-site market rate units; changes how the in-lieu fee is calculated to make that calculation based on the cost of developing affordable housing, as opposed to the difference between affordable and market rate housing; provides that the type of affordable units shall be determined on a case-by-case basis, rather than be set out in the ordinance; elaborates and expands the allowed uses of the collected in-lieu fee, including but not limited to by allowing the fee to be used for equity participation loans, low interest loans, rent subsidies, grants or down payment assistance, and for related activities that promote affordable housing such as homebuyer education, grant writing workshops, credit management workshops, financial literacy workshops and foreclosure prevention education, as well as by allowing the fee to be used for related expenses associated with preserving and affordable "at-risk" unit in order to prevent foreclosure. In addition, the ordinance change, if adopted, would require changes in the administrative manual currently required by the inclusionary housing ordinance in order to make the administrative manual consistent with the revised ordinance.

Contact Information

Lissette Knight
Agency Name
San Benito County
Contact Types
Lead/Public Agency


San Benito
Cross Streets
Total Acres
State Highways
SR 25, Hwy 156, Hwy 152, Hwy 101

Notice of Completion

State Review Period Start
State Review Period End
State Reviewing Agencies
California Department of Fish and Wildlife, Central Region 4 (CDFW), California Department of Parks and Recreation, California Department of Transportation, District 5 (DOT), California Highway Patrol, California Native American Heritage Commission (NAHC), California Regional Water Quality Control Board, Central Coast Region 3 (RWQCB), Caltrans, Division of Aeronautics, Department of Housing and Community Development, Department of Water Resources, Office of Historic Preservation, Resources Agency
Development Types
Other (Inclusionary Housing Ordinance Amendment)
Local Actions
Ordinance Amendment

Disclaimer: The document was originally posted before CEQAnet had the capability to host attachments for the public. To obtain the original attachments for this document, please contact the lead agency at the contact information listed above. You may also contact the OPR via email at or via phone at (916) 445-0613.

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