"Affordable housing agreement"means the agreement described in Section
15.40.100 of this chapter between the developer of a residential project and the city detailing how a residential project's inclusionary requirements will be met.
"Affordable housing cost"means, for residential projects with for-sale units, a monthly payment which shall not exceed the product of thirty percent of seventy percent of the area median income, adjusted for household size appropriate for the unit and inclusive of mortgage principal and interest, property taxes, insurance, and any applicable special taxes or homeowners' association dues. As used in this section, "appropriate for the unit" means a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit.
"Affordable rent"means an affordable rent determined in accordance with any state or federal funding program actually used to finance development or construction of the units within a particular residential project. If no such state or federal funding program is involved, or if the program does not specify how affordable rent is to be determined, "affordable rent" shall have the meaning as set forth in Health and Safety Code Section
50053, as that section may be amended from time to time.
"Affordable unit"means a dwelling unit which, pursuant to a recorded instrument, may only be sold or rented to a household of a designated income or for a restricted sale price or rent.
"Area median income"means area median income for Yolo County as published by the California Department of Housing and Community Development pursuant to Health and Safety Code Section
50093.
"City"means the city of West Sacramento.
"City manager"means the city manager of the city or the city manager's designee.
"Developer"means the owner of any real property upon which a residential project is to be constructed or the owner's duly authorized designee.
"Development standards"means the standards governing development of real property within the city as set forth in the city's municipal code, uncodified ordinances, and any applicable regulations adopted pursuant thereto.
"Dwelling unit" or "unit"has the meaning set forth in the zoning regulations. For purposes of this chapter, the term "dwelling unit" does not include "secondary units" as defined in Chapter
17.41.
"Feasible"means that even after complying with the requirements of this policy, the residential project as a whole remains reasonably capable of being financed, built and marketed, given the economic conditions prevailing at the time of approval of the affordable housing agreement and taking into account the incentives and alternatives that may be made available to the residential project and under this chapter. In all cases, feasibility shall be determined by the city council in its sole discretion.
"For-sale units"means attached or detached dwelling units developed as part of a residential project which the developer intends will be offered for individual sale or which are customarily offered for individual sale, including, but not limited to, single-family detached homes, duplex units, condominiums and cooperatives.
"General plan"means the general plan of the city of West Sacramento, as it may be amended from time to time.
"Household"has the same meaning as "family" as set forth in the zoning regulations.
"Housing trust fund"means a separate fund administered by the city into which in-lieu fees are deposited. Funds deposited into the housing trust fund shall be used to assist in the development of affordable housing within the city.
"Inclusionary units"means those dwelling units developed in accordance with an affordable housing agreement to satisfy the requirements of this chapter, including for-sale inclusionary units available at an affordable housing cost, and rental inclusionary units available at an affordable rent.
"Lower income"means lower income as defined in Health and Safety Code Section
50079.5 as amended from time to time.
"One location"means all adjacent land within the city owned or controlled by the same developer or owner, the property lines of which are contiguous at any point, or the property lines of which are separated only by a public or private street, road or other public or private right-of-way.
"Ordinance"means this inclusionary housing ordinance of the city of West Sacramento.
"Over-concentration"shall mean that not more than forty percent of the units within a residential project or building phase thereof are inclusionary units.
"Owner"includes the person, persons, corporation, or public or private entity having sufficient legal interest in real property to commence and maintain development of a residential project on the real property, or the owner's agent, assignee or successor in interest.
"Rental units"means dwelling units developed as part of a residential project which the developer intends will be offered for lease or rent or which are customarily offered for lease or rent.
"Residential lot" or "lot"means any parcel of land that has been legally created with the intention that it will be used for the development of one or more dwelling unit(s).
"Residential project"means any project involving the construction of five or more dwelling units at one location and requiring the issuance of a building permit, or the creation of five or more residential lots at one location, including in the aggregate all dwelling units or residential lots for which building permits or discretionary approvals have been applied for from or granted by the city. Where all or a portion of the inclusionary units for a residential project are built off-site, the term "residential project" shall also include all residential units built at the off-site location(s), including all inclusionary units and market-rate units built as part of the same development.
"Very low income"means very low income as set forth in Health and Safety Code Section
50105, as that section may be amended from time to time.
"Zoning regulations"means Title 17 of the municipal code of the city, as it may be amended from time to time.
(Ord. 05-3 § 1; Ord. 14-4 § 1)