§ 8116-1. Definitions.

In addition to the definitions in Article 2, the following definitions in this Section apply to this Article and shall control where there is a conflict with the definitions in Article 2. State law definitions, as they may be amended from time to time, control over the definitions in this Section. Where the definitions are provided by state law, the citation to the statute follows. In this Article, defined terms are capitalized.

Affordable Housing Benefits—Means one or more of the following:

• A density bonus pursuant to Section 8116-2;

• An incentive pursuant to Section 8116-3;

• A development standard waiver or modification pursuant to Section 8116-4; and

• A parking standard modification pursuant to Section 8116-5.

Affordable Housing Cost—Means the definition set forth in Health and Safety Code Section 50052.5. (Government Code Section 65915(c)(1).)

Affordable Housing Developer—Means the applicant or permittee of a Qualified Housing Development and its assignees or successors in interest.

Affordable Rent—Means the definition set forth in Health and Safety Code Section 50053. (Government Code Section 65915(c)(1).)

Affordable Unit—Means a residential dwelling unit that is guaranteed by the affordable housing developer to be rented or sold in accordance with the requirements of this Article to either:

(a)

A very low income household;

(b)

A low income household; or

(c)

A moderate income household within a common interest development.

(Government Code Section 65915(c)(1)-(c)(2).)

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. (Government Code Section 65915(h)(4).)

Common Interest Development—Means any of the following: a community apartment project, a condominium project, a planned development, and a stock cooperative pursuant to Civil Code Section 1351(c) through December 31, 2013, and pursuant to Civil Code Section 4100 on and after January 1, 2014. (Government Code Section 65915(c)(2).) All common interest development units must be offered to the public for purchase. (Government Code Section 65915(b)(1)(D).)

Condominium Conversion Project—Means a residential project in which the applicant proposes to convert apartment units to condominiums pursuant to Government Code Section 65915.5(a).

County—Means County of Ventura or its designee.

Density Bonus—Except as used in Section 8116-10, means a density increase over the otherwise maximum allowable residential density as of the date of application to the County for a qualified housing development. (Government Code Section 66915(f).) As used in Section 8116-10, 'density bonus' shall be defined as set forth in Section 8116-10.2. (Government Code Section 66915.5(b).)

Density Bonus Units—Means dwelling units granted pursuant to Section 8116-2 which exceed the otherwise maximum allowable residential density.

Development Standard—Means a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio, that applies to a residential development pursuant to the Zoning Ordinance, the General Plan or other County condition, law, policy, resolution, or regulation. (Government Code Section 65915(o)(1).)

Housing Development—Means a development project of five (5) or more residential units and includes a subdivision or common interest development that is approved by the County and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would be a net increase in available residential units. (Government Code Section 65915(i).)

Household Income Category Definitions—

Very Low Income Household—Means a household whose income does not exceed fifty (50) percent of the County's median household income as defined in Health and Safety Code Section 50105. (Government Code Section 65915(b)(1)(B).)

Low Income Household—Means a household whose income does not exceed eighty (80) percent of the County's median household income as defined in Health and Safety Code Section 50079.5. (Government Code Section 65915(b)(1)(A).)

Moderate Income Household—Means persons or families whose income does not exceed one hundred and twenty (120) percent of the County's median household income as defined in Health and Safety Code Section 50093. (Government Code Section 65915(b)(1)(D).)

Incentive—Means "incentives and concessions" as that phrase is used in Government Code Section 65915.

Market-rate Unit—Means a dwelling unit that is not an affordable unit.

Maximum Allowable Residential Density—Means the density allowed under the Zoning Ordinance and the land use element of the General Plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the General Plan applicable to the project. Where the density allowed under the Zoning Ordinance is inconsistent with the density allowed under the land use element of the General Plan, the General Plan density shall prevail. (Government Code Section 65915(o)(2).)

Minimum Affordable Housing Component—Means a housing development project which includes a minimum of any of the following:

(a)

Very Low Income Minimum Affordable Housing Component—Provides at least five (5) percent of the total units for very low income household residents (Government Code Section 65915(b)(1)(B)); or

(b)

Low Income Minimum Affordable Housing Component—Provides at least ten (10) percent of the total units for low income households (Government Code Section 65915(b)(1)(A)); or

(c)

Moderate Income Minimum Affordable Housing Component—Provides at least ten (10) percent of the total dwelling units in a common interest Development for moderate income households (Government Code Section 65915(b)(1)(D)).

Other Incentives of Equivalent Financial Value—Means the reduction or waiver of requirements which the County might otherwise apply as conditions of condominium conversion approval, but shall not be construed to require the County to provide cash transfer payments or other monetary compensation. (Government Code Section 65915.5(c).)

Qualified Housing Development—Means a housing development that meets the requirements of Section 8116-2.2, .3, .4, or .5 for density bonus.

Qualified Land—Means land offered for donation in accordance with Section 8116-2.5 that meets the criteria set forth in Section 8116-2.5.1(c).

Section—Means the section in the Non-Coastal Zoning Ordinance.

Senior Citizen Housing Development—Means a residential development that is developed, substantially rehabilitated, or substantially renovated for, senior citizens and that has at least thirty-five (35) senior citizen housing development units. (Government Code Section 65915(b)(1)(C).)

Senior Citizen Housing Development Unit—Means a residential dwelling unit within a senior citizen housing development that is available to, and occupied by, a senior citizen as defined in Civil Code Section 51.3.

Specific Adverse Impact—Means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application for the qualified housing development was deemed complete. Inconsistency with the Zoning Ordinance or General Plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. (Government Code Section 65589.5(d)(2).)

Total Units and Total Dwelling Units—Means dwelling units other than density bonus units. (Government Code Section 65915(b)(3).)

Zoning Ordinance—Means the County Non-Coastal Zoning Ordinance set forth in Division 8, Chapter 1.

(Ord. No. 4455, § 7, 10-22-2013)