Title 21 (Building and Engineering) Chapter 21.04 (Local Tenant Preference)

San Benito County has enacted Chapter 21.04 within Title 21 of its Building and Engineering Code to establish a local tenant preference policy for affordable housing developments. This policy prioritizes housing access for a broad range of individuals with ties to the county, including residents, displaced persons, local workers, school district employees, agricultural workers, seniors, individuals with disabilities, veterans, public safety personnel, first responders, and health care providers. The preference applies to all housing projects that result in five or more detached units, those restricting occupancy to lower-income households, developments receiving county financial or development assistance, and any affordable units generated under existing County Code Chapter 21.03. The policy is designed to ensure that local residents and workforce members benefit from housing initiatives supported by county resources and to reinforce community stability by keeping housing accessible to those most connected to the area. The policy is implemented under the California Environmental Quality Act (CEQA), with a categorical exemption certified under 14 C.C.R. § 15061(b)(3), 15183, and 15162(a)(1)-(3), confirming that these housing projects do not produce significant environmental impacts and are consistent with the County’s 2035 General Plan EIR. The San Benito County Resource Management Agency, through Senior Planner Stephanie Reck, serves as the primary administrative contact and lead agency for policy implementation. No formal procurement process, contract award criteria, pricing data, or federal acquisition regulation clauses—such as FAR sections, COR/COTR designations, invoicing protocols, or contractor representations—are involved, as this is a regulatory and land use policy rather than a solicitation or contract. The only required documentation for project proponents is a certified exemption finding, submitted to the agency. The policy applies county-wide and is enforced through local code compliance, not through competitive bidding or contractor evaluation.