For the purposes of this chapter, the following definitions shall apply:
AFFORDABLE. A cost for housing, whether for an owner-occupied or rental unit, that does not exceed “affordable housing cost” as set forth in Cal. Health and Safety Code § 50052.5 for owner-occupied and “affordable rent” as set forth in Cal. Health and Safety Code § 50053. Adjustments for household size based on the number of bedrooms in the unit and other monthly housing cost factors, including assumed mortgage interest rates, loan insurance fees, maintenance and repair allowances, utility allowances, homeowners insurance, property tax and assessment costs, and homeowners association dues, shall be as provided by the county in the Administrative Manual.
AFFORDABLE HOUSING AGREEMENT. Plans demonstrating how affordable development in the county consisting of six or more units will meet the requirements of this chapter, the Affordable Housing Regulations, and should be submitted with a tentative subdivision map application. These plans must demonstrate a comprehensive review of the implementation and administration of the Affordable Housing Regulations for the proposed development. These plans shall entail in an in-depth overview of each phase of the development process, tenant screening and income qualification process, proposed
legal forms and applications, and other such information that is deemed necessary for a complete affordable housing plan.
AFFORDABLE HOUSING PLAN. A plan demonstrating how a specific development project will meet the requirements of this chapter.
APPLICANT. A person or entity that 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.
APPROPRIATE AUTHORITY. 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.
APPROVAL. 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.
APPROVED DOCUMENTS. Affordable housing agreement or development agreement.
AREA MEDIAN INCOME. The median annual income for San Benito County, adjusted for household size, as published annually in the Cal. Code of Regulations, Title 25, Section 6932, or its successor provision, or the equivalent as established by the county in the event that such annual publication should be discontinued.
BUILDING PERMIT. A permit issued by the County Department of Planning and Building authorizing the construction of new dwellings.
CONDOMINIUM HOUSING. Multi-family housing on a single lot where residents own the air space of their individual unit.
DIRECTOR. The Director of the Resource Management Agency (or a county officer with similar responsibilities designated by the county administrative officer), or his or her designee.
DENSITY BONUS. An increase in the number of units permitted in a proposed residential project provided pursuant to the State Density Bonus Law as set forth in Cal. Gov’t Code § 65915 et seq., as amended.
DUPLEX HOUSING. Housing where two attached single-family units are on one lot.
DWELLING or UNIT. Any structure or portion thereof designed or used as the residence.
ELIGIBLE HOUSEHOLD. A household whose gross annual household income does not exceed the applicable maximum for a given inclusionary unit.
FOR-SALE INCLUSIONARY UNIT. An inclusionary unit which is designated in an inclusionary housing agreement to be sold to a household eligible under this chapter.
GROSS ANNUAL HOUSEHOLD INCOME. The combined adjusted gross income (pretax) of all adult persons in a household, who are applying for an inclusionary unit, or who are residing in an inclusionary unit, as calculated pursuant to the Section 8 Program under the United States Housing Act of 1937, as amended, or its successor.
HOUSEHOLD. One or more individuals who occupy one dwelling unit as a single housekeeping unit, whether or not related by blood or marriage.
HOUSEHOLD INCOME GROUPS.
(1) EXTREMELY LOW-INCOME HOUSEHOLD. A household with an annual income which does not exceed the California Department of Finance annual determination for extremely low-income households earning no more than 30% of area median income, adjusted for household size.
(2) VERY LOW-INCOME HOUSEHOLD. A household with an annual income which does not exceed the California Department of Finance annual determination for very low-income households earning no more than 50% of area median income, adjusted for household size.
(3) LOW-INCOME HOUSEHOLD. A household with an annual income which does not exceed the California Department of Finance annual determination for lower-income households with incomes earning no more than 80% of the area median income, adjusted for household size.
(4) MODERATE-INCOME HOUSEHOLD. A household, including a low-income household and a very low-income household, with an annual income which does not exceed 120% of the area median income, adjusted for household size.
HUD. The United States Department of Housing and Urban Development.
INCLUSIONARY UNIT. A housing unit which is required by an approval to meet affordability and occupancy limits under this chapter. In addition to standard subdivision single-family developments, other types of inclusionary units can include individual single-family homes, mixed-use properties, townhomes, and duplex units, assuming consistency with established zoning regulations.
IN-LIEU PAYMENT. The amount payable pursuant to this chapter as an alternative to the construction of fractional on-site or off-site inclusionary units. In addition, the in-lieu fee payment can be paid as an alternative to the construction of an on-site unit, or off-site unit.
MEDIAN INCOME. The median household income as determined by the California Department of Finance and updated on an annual basis.
MODERATE-INCOME INCLUSIONARY UNIT. An inclusionary unit reserved for occupancy by moderate-income households at an affordable rent or sales price.
MULTI-FAMILY HOUSING. Housing where multiple separate units are contained within one or more buildings, within one complex, on one or more lots, with a minimum of four units.
OWNER-OCCUPIED DEVELOPMENT. A residential development in which the same person or persons are sole or majority owner of the property at the time of 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 years prior to application for approval.
PENDING DEVELOPMENT. A residential development for which an application has been approved by the county on or before the effective date of this chapter, so long as the number of dwellings does not increase after the approval.
PLANNING AREA. The unincorporated area of the County of San Benito. Residential development projects in the PLANNING AREA that require any approval submit applications to the county. New construction projects or alteration of structures which create five or more new or additional dwelling units and/or lots are subject to this chapter.
RENTAL INCLUSIONARY UNIT. An inclusionary unit which is designated in an inclusionary housing agreement to be rented to a household eligible under this chapter.
RESIDENTIAL DEVELOPMENT MINIMUM PROJECT SIZES. Any project requiring any approval, for which an application or applications are submitted to the county and which would by construction or alteration of structures create five or more new or additional dwelling units and/or lots.
SINGLE-FAMILY HOUSING. Housing where one residential unit is on one lot.
SUBDIVISION. A “subdivision” as that term is defined by the California Subdivision Map Act which is intended for residential use.
TOWNHOME HOUSING. Housing where multiple single-family units are on separate lots and are attached at the property line.
TRIPLEX HOUSING. Housing where three attached single-family units are on one lot.
(Ord. 866, § 1(part), 2010; Ord. 951, § 1(part), 2016; Ord. 1,014, § 4, 2020; Ord. 1052, § 2, 2023)