Definitions. Whenever the following terms are used in this subsection (A), they shall have the meanings established by this subsection (A)(1):
“Affordable housing cost”
means as defined in Health and Safety Code Section 50052.5. The term applies to for-sale units. In the housing incentive agreement, in its sole discretion, the city shall exercise the options specified in Section 50052.5(b)(3) and/or (4), if the Department of Housing and Community Development adopts regulations pursuant to Section 50052.5(c), the city shall consider the regulations for purposes of determining affordable housing cost.
“Affordable rent”
means as defined in Health and Safety Code Section 50053. The term applies to rental units.
“Applicant”
means a developer or owner who desires to construct five or more dwelling units.
“Child care facility”
means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.
“Concession or incentive”
means the concessions and incentives as specified in California Government Code Section 65915(l):
a.
A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions; or
b.
Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area, including the city’s general plan, where the proposed housing project will be located; or
c.
Other regulatory incentives or concessions proposed by the applicant or the city which result in identifiable, financially sufficient, and actual cost reductions.
“Density bonus”
means a density increase of at least twenty (20) percent over the otherwise maximum allowable residential density, (unless the applicant elects a lower percentage) for housing developments meeting the criteria of subsection A(2)(a)(i)-(iii) of this section, of at least five percent, (unless the applicant elects a lower percentage); for housing developments meeting the criteria of subsection A(2)(a)(iv), and at least fifteen (15) percent (unless the applicant elects a lower percentage) for housing developments meeting the criteria of subsection A(2)(b). The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units provided exceeds the percentage established in subsection A(2)(a) or by which the percentage of land donated exceeds the percentage established by subsection A(2)(b)(ii). For each one percent increase above ten (10) percent in the percentage of target units meeting the criteria of subsection A(2)(a)(i), the density bonus shall be increased by one point five (1.5) percent up to a maximum of thirty-five (35) percent. For each one percent increase above five percent in the percentage of target units meeting the criteria of subsection A(2)(a) (ii), the density bonus shall be increased by two point five (2.5) percent up to a maximum of thirty-five (35) percent. For each one percent increase above ten percent of the percentage of target units meeting the criteria of subsection A(2)(a)(iv), the density bonus shall be increased by one percent up to a maximum of thirty-five (35) percent. For each one percent increase above the minimum ten percent land donation described in A(2)(b)(ii), the density bonus shall be increased by one percent, up to a maximum of thirty-five (35) percent. This increase shall be in addition to any increase in density requested by the applicant for housing developments meeting the criteria of subsection A(2)(a)(i), (ii), (iii) or (iv), up to a maximum combined mandated density increase of thirty-five (35) percent if the applicant seeks both types of density increases. For purposes of calculating the number of density bonus units to be granted, the maximum allowable residential density for the site shall be multiplied by the applicable density bonus percentage. When calculating the number of permitted density bonus units, any fractions of units shall be rounded to the next larger integer.
“Density bonus units”
means those residential units granted pursuant to the provisions of this chapter which exceed the otherwise maximum allowable residential density for the development site.
“Development standards”
means site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation, including minimum lot size, side yard setbacks, and placement of public improvements.
“Director”
means the city’s Director of Community Development or designee.
“Housing development”
means one or more groups of projects for residential units constructed in the planned development of the city. “Housing development” also includes a subdivision or a planned unit development or condominium project, as defined in Civil Code Section 1351, approved by the city and consists of residential units or unimproved residential lots and either (1) a project to substantially rehabilitate and convert an existing commercial building to residential use, or (2) the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. The location of units, whether target units or nonrestricted units, shall be in conformance with the specific plan, or other zoning regulations, as applicable.
“Housing incentive agreement”
means a legally binding agreement between an applicant and the city to ensure that the requirements of this chapter are satisfied. The agreement, among other things, shall establish the number of target units, size, location, terms and conditions of affordability, and production schedule and may be part of a larger disposition and development or regulatory agreement.
“Lower income household”
means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. The limits shall be published in the California Administrative Code as soon as possible after adoption by the Secretary of Housing and Urban Development (“HUD”) or, in the event such federal standards are discontinued, as established by regulation of the California Department of Housing and Community Development (“HCD”).
“Maximum allowable residential density”
means the maximum number of residential units permitted by the land use element of the city’s general plan and zoning ordinance, as of the date of applicant’s application to the city, excluding the density bonus allowed by this subsection. If a range of density is permitted in a zone or planning area of a specific plan, the maximum allowable residential density is the maximum number of residential units for the specific zoning range or planning area applicable to the project.
“Non-restricted unit”
means all units within a housing development excluding the target units
“Persons and families of moderate income” or “moderate income household”
means persons and families of low or moderate income whose income exceeds the income limit for lower income households. “persons and families of low or moderate income” means persons and families whose income does not exceed one hundred twenty (120) percent of area median income, as defined in Health and Safety Code Section 50093, adjusted for family size by HCD in accordance with adjustment factors adopted and amended from time to time by HUD pursuant to Section 8 of the United States Housing Act of 1937.
“Senior citizen”
means a person sixty-two (62) years of age or older, or fifty-five (55) years of age living in a senior citizen housing development.
“Senior citizen housing development”
means, as more fully defined in Civil Code Section 51.3, a residential development that was or is proposed to be developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least thirty-five (35) dwelling units and has applied for or has been issued a public report pursuant to Business and Professions Code Section 11010.05.
“Target unit”
means a dwelling unit within a housing development which will be reserved for sale or rent to, and occupancy by, very low or lower income households or moderate income households, in the case of a condominium project or planned development.
“Very low income households”
means persons and families whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. Such limits shall be published in the California Administrative Code as soon as possible after adoption by HUD, or in the event such federal standards are discontinued, as established by regulation of HCD.