Section
20.40.010 Purpose
20.40.020 Applicability
20.40.030 Definitions
20.40.040 Affordable unit requirements
20.40.050 Alternatives
20.40.060 Incentives
20.40.070 Exemptions
20.40.080 Standards and procedures
20.40.090 Affordable housing plan and agreement
20.40.100 Enforcement
20.40.110 Affordable housing trust fund
20.40.120 Guidelines
The purpose of this chapter is to expand the affordable housing stock in proportion with the overall increase in residential units by establishing standards and procedures that encourage the development of extremely low to moderate-income housing and to assist in meeting the city's regional share of housing needs and implementing the goals and objectives of the general plan, including the housing element and any applicable specific plans. the goals of this chapter are as follows:
A. To assure that the city is meeting its affordable housing goals by facilitating the production of dwelling units affordable to households of extremely low, very low, low, moderate, and workforce-income, and by providing funds for the development of extremely low, very low, low, moderate, and workforce-income housing;
B. To establish a means by which developers of residential projects can assist in increasing the supply of affordable housing. The affordable housing requirements contained in this chapter consider the impact of such requirements on housing construction costs and economic feasibility; and
C. To meet the current and future housing needs of the city by supporting the housing element goals of providing a range of dwelling units by type of unit, price, and location in the city and promoting equal access and opportunity to fair housing.
(Ord. 1242, passed 8-15-23)
A. The requirements of this chapter shall apply to any development project comprised of ten or more dwelling units or residential lots within the City of Brea, including new construction and condominium conversions. All affordable units required by this chapter shall be sold or rented in compliance with this chapter and the city's guidelines implementing this chapter.
B. For a development project that is comprised of less than ten dwelling units but is or appears to be a part of a larger residential project, the number of dwelling units proposed for the larger project as a whole shall be used to determine the applicability. Same standards shall apply to multi-phased residential projects.
(Ord. 1242, passed 8-15-23)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADJUSTED FOR HOUSEHOLD SIZE APPROPRIATE FOR THE UNIT. 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, five persons in the case of a four-bedroom unit, six persons in the case of a five-bedroom unit, and seven persons in the case of a six-bedroom unit.
AFFORDABLE HOUSING COST. The total housing costs, paid by a qualifying household, which shall not exceed a specified fraction of their gross income, adjusted for household size appropriate for the unit as defined and periodically updated by Cal. Health and Safety Code § 50052.5 for owner-occupied housing, and the affordable rent and utilities for rental units as defined by Cal. Health and Safety Code § 50053, as applicable. For workforce housing, the calculation applicable to a moderate-income household shall apply.
AFFORDABLE HOUSING TRUST FUND. The in-lieu fees and any equity share payment collected as a result of requirements of this chapter shall be deposited in the city's affordable housing trust fund to be used exclusively to develop and retain the supply of housing affordable to extremely low, very low, low, moderate, and workforce-income households.
AFFORDABLE UNIT. A dwelling unit that will be offered for sale or rent to an extremely low-income household, a very low-income household, a low-income household, a moderate-income household, or a workforce household at an affordable housing cost, in compliance with this chapter.
AREA MEDIAN INCOME. The annual median gross income adjusted for household size in Orange County as determined by the United States Department of Housing and Urban Development (HUD), and published by the California Department of Housing & Community Development (HCD), in the Cal. Code of Regulations, Title 25, § 6932.
CONDOMINIUM CONVERSION. Converting an existing market rate condominium and apartments into affordable housing. Converted condominiums and
apartments shall be offered for sale or rent to an extremely low-income household, a very low-income household, a low-income household, moderate-income household, or workforce-income household at an affordable housing cost, in compliance with this chapter.
DENSITY BONUS. As defined in Cal. Government Code §§ 65915 et seq.
EXTREMELY LOW-INCOME HOUSEHOLD. As published and periodically updated by HCD pursuant to Cal. Health and Safety Code § 50079.5.
IN-LIEU FEES. A payment of a fee, pursuant to requirements of this chapter, in-lieu of providing the required affordable units on site.
LAND DEDICATION. A dedication of land to the city in-lieu of constructing affordable units within the residential project, pursuant to the requirements of this chapter.
LOW-INCOME HOUSEHOLD. As published and periodically updated by HCD pursuant to Cal. Health and Safety Code § 50079.5.
MARKET RATE UNIT. Dwelling unit in a residential development that can be purchased or rented at market rates. These units are not considered to be affordable units.
MODERATE-INCOME HOUSEHOLD. As published and periodically updated by HCD pursuant to Cal. Health and Safety Code § 50093.
OFFSITE CONSTRUCTION. The development of required number of affordable units at a site different than the site of the residential project.
PHASING PLAN. A detailed plan provided by a developer that outlines each segment or phase of construction including housing units and site improvements to be developed in a new residential project.
REHABILITATION. Improvement of a unit in substandard condition to a decent, safe, and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety, or well-being of the occupants.
RESIDENTIAL PROJECT. A subdivision, a development project, and/or a condominium conversion project resulting in the creation of ten or more residential lots or ten or more residential dwelling units.
TOTAL HOUSING COSTS. The total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, and utilities.
VERY LOW-INCOME HOUSEHOLD. As published and periodically updated by HCD pursuant to Cal. Health and Safety Code § 50105.
WORKFORCE-INCOME HOUSEHOLD. Households whose income is between 120% and 140% of the area median income for the Santa Ana-Anaheim-Irvine, CA HUD Metro FMR Area as published by the United States Department of Housing and Urban Development.
(Ord. 1242, passed 8-15-23)
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