§ 18.40.040. Definitions.

For the purposes of this Chapter the following definitions shall apply:

A.

"Administrative manual" shall mean the manual prepared pursuant to Subsection 18.40.050G7.

B.

"Affordable" means: in the case of rent, a monthly amount which, together with utility allowance, does not exceed: (i) for very low income inclusionary units, one-twelfth of thirty (30) percent of the maximum income for a very low income household, adjusted by household size based on the number of bedrooms in the unit; (ii) for low income inclusionary units, one-twelfth of thirty (30) percent of sixty (60) percent of median income, adjusted for household size based on the number of bedrooms in the unit; and (iii) for moderate income inclusionary units, one-twelfth of thirty (30) percent of one hundred ten (110) percent of median income, adjusted for household size based on the number of bedrooms in the unit.

In the case of a sales price, average monthly housing payments, including mortgage loan principal and interest, any associated loan insurance fees, property taxes and assessments, an allowance for property maintenance and repairs established by the County based on the initial cost and size of the home, homeowners insurance, a reasonable allowance for utilities, land rent (if the home is on rented land) and homeowners association dues, if any, which during the first calendar year of a household's occupancy, do not exceed: (i) for very low income inclusionary units, one-twelfth of thirty (30) percent of the maximum income for a very low income household, adjusted by household size based on the number of bedrooms in the unit; (ii) for low income inclusionary units, one-twelfth of thirty (30) percent of seventy (70) percent of median income, adjusted for household size based on the number of bedrooms in the unit; and (iii) for moderate income inclusionary units, one-twelfth of thirty-five (35) percent of one hundred ten (110) percent of median income, adjusted for household size based on the number of bedrooms in the unit.

Adjustments for household size based on the number of bedrooms in the unit and amounts utilized for utility allowances and other monthly housing cost factors, including assumed mortgage interest rates, loan insurance fees, maintenance and repair allowances, homeowners insurance, property tax and assessment costs, and homeowners association dues, shall be as provided by the County in the administrative manual.

C.

"Inclusionary housing agreement" shall mean an agreement between the County and an applicant, governing how the applicant shall comply with this Chapter.

D.

"Applicant" means a person or entity who applies for a residential development and, if the applicant does not own the property on which development is proposed, also means the owner or owners of the property.

E.

"Appropriate Authority" means that person, official, or body designated by County regulations to hear, grant, deny, modify, condition, revoke or otherwise act on permits required by the County's regulations.

F.

"Approval" means any approval by the Appropriate Authority of a discretionary permit for residential development, including but not limited to planned unit development or planned community development approval, subdivision approval, use permit, building permit or combined development permit, and if no discretionary approval is required, also means a building permit for residential development.

G.

"Building permit" means a permit issued by the Monterey County Department of Building Services authorizing the construction of new dwellings.

H.

"Director" means the Assistant County Administrative Officer for Environmental Resource Policy (or a county officer with similar responsibilities designated by the County Administrative Officer should that office no longer exist), or his or her designee.

I.

"Dwelling" or "Unit" means any structure or portion thereof designed or used as the residence or sleeping quarters of a household, including a live/work unit.

J.

"First approval" means the first approval, as the term "approval" is defined in this Chapter, to occur with respect to a residential project.

K.

"For sale inclusionary unit" means an inclusionary unit which is designated in an inclusionary housing agreement to be sold to a household eligible under this Chapter.

L.

"Household" means one or more individuals who occupy one dwelling unit as a single housekeeping unit, whether or not related by blood or marriage.

M.

"Housing Authority" means the Housing Authority of the County of Monterey.

N.

"HUD" means the United States Department of Housing and Urban Development.

O.

"Inclusionary unit" means a housing unit which is required by an approval to meet affordability and occupancy limits under this Chapter.

P.

"Low income inclusionary unit" means an inclusionary unit reserved for occupancy by low income households at an affordable rent or sales price.

Q.

"Low income household" or "Lower income household" means a household, including a very low income household, with an annual income which does not exceed HUD's annual determination for low income households with incomes of eighty (80) percent of the median income, adjusted for household size.

R.

"Median income" means the median household income as determined periodically by HUD for the Salinas Metropolitan Statistical Area and updated on an annual basis.

S.

"Moderate income inclusionary unit" means an inclusionary unit reserved for occupancy by moderate income households at an affordable rent or sales price.

T.

"Moderate income household" means a household, including a low income household and a very low income household, with an annual income which does not exceed one hundred twenty (120) percent of the median income, adjusted for household size.

U.

"Owner occupied development" means a residential development in which the same person or persons are sole or majority owner(s) of the property at the time of first approval of the development and at the time the development receives its building permit, and those persons make and record a legally binding agreement, acceptable to the Director and approved as to form by County Counsel, to reside in the residential development for not less than one year from the recordation of the notice of completion, and where the proposed owner-occupant has not previously been an owner-occupant under this Chapter during a period of ten (10) years prior to application for a first approval.

V.

"Pending development " means a residential development for which an application for a first approval was deemed complete by the County on or before the effective date of Ordinance No. 04185 amending this Chapter, so long as the number of dwellings does not increase after the first approval.

W.

"Planning Area" means one of eight geographic sub-areas of Monterey County established for the General Plan. They are the Toro, North County, Greater Monterey Peninsula, Central Salinas Valley, South County, Greater Salinas, Coast, and Cachagua Planning Areas.

X.

"Rental inclusionary unit" means an inclusionary unit which is designated in an inclusionary housing agreement to be rented to a household eligible under this Chapter.

Y.

"Residential development" means any project requiring any subdivision of land, use permit, discretionary permit or building permit, or combination thereof, for which an application or applications are submitted to the County and which would by construction or alteration of structures create three or more new or additional dwelling units and/or lots.

Z.

"Subdivision" means a "subdivision" as that term is defined by the California Subdivision Map Act.

AA.

"Very low income inclusionary unit" means an inclusionary unit reserved for occupancy by very low income households at an affordable rent or housing cost.

BB.

"Very low income household" means a household with an annual income which does not exceed HUD's annual determination for very low income households earning fifty (50) percent of median income, adjusted for household size.

(Ord. No. 5135, § 30, 7-7-2009; Ord. 4185 § 3, 2003; Ord. 3768, 1994; Ord. 3768, 1994; Ord. 2830, 1982; Ord. 2694, 1981)