Accessory dwelling unit (ADU)
shall mean an attached or detached residential dwelling unit
that provides complete independent living facilities for one or more
persons and is located on a lot with a proposed or existing primary
single-family dwelling. An ADU shall include permanent provisions
for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family dwelling. The term ADU also includes an
efficiency unit and a manufactured home, provided it is built on a
permanent foundation and located on the same parcel as the single-family
dwelling. An ADU may be located within an existing attached or detached
garage, shed, barn or other accessory structure of the single-family
dwelling.
Affordable dwelling unit (or affordable unit)
shall mean, for the purposes of this chapter, a dwelling
unit affordable to extremely low-, very low-, and low-income households
as those terms are defined in the
California Health and Safety Code
("HSC") as implemented by the
California Code of Regulations ("CCR").
Area median income shall be "adjusted for family size appropriate
for the units" pursuant to HSC Section 50052.5 that assumes one person
in a studio unit, two persons in a one-bedroom unit, three persons
in a two-bedroom unit, four persons in a three-bedroom unit, five
persons in a four-bedroom unit, and six persons in a five-bedroom
unit. An affordable unit may also be an inclusionary unit.
shall mean a written agreement between the city of Fountain
Valley (and/or the Fountain Valley housing authority) and the owner
(developer) of the subject property evidencing covenants of the location,
number of units at subject property (both existing, if any, and/or
to be constructed onsite), type of units (ownership or rental), number
of affordable units based on income category and affordable housing
cost or affordable rent, as applicable, length of affordability period,
approximate size of unit(s) including number of bedrooms, location
of affordable units within, and as to multiple units distributed reasonably
within, the subject property, and construction schedule of all dwelling
units and an agreement to file a deed restriction and lien in favor
of the city to secure the affordability restrictions. The affordable
housing agreement (and/or the Regulatory agreement attached thereto)
shall be subject to review and approval by the community development
director and city attorney, with the option of consideration and action
by the city council. The affordable housing agreement (and/or the
regulatory agreement attached thereto) shall be recorded in the official
records, county of Orange, state of California ("official records")
as a condition precedent to the issuance of the first building permit
for the subject construction at the subject property.
Affordable housing cost
shall mean as defined in HSC Sections 50052.5 and 50053 for
ownership and rental units.
(1)
For ownership units and for purposes of determining affordable
housing cost pursuant to 25 CCR Section
6920 means that "monthly housing
payments" shall include an estimate of the following costs for the
upcoming 12 months:
(A)
Principal and interest payments on the mortgage loan, including
rehabilitation loans.
(B)
Mortgage loan insurance fees.
(C)
Property taxes and assessments.
(D)
Fire and casualty insurance.
(E)
Property maintenance and repairs.
(F)
A reasonable allowance for utilities (including garbage collection,
sewer, water, electricity, gas and other fuels, but not telephone
service). Such an allowance shall take into consideration the cost
of an adequate level of service (based on the Orange County housing
authority utility allowance).
(G)
Homeowner association fees.
(H)
Space rent, if the housing unit is on rented land.
(2)
For rental units and for purposes of determining affordable
rent pursuant to 25 CCR Section
6918 means that rent is an average
of estimated housing costs for the next 12 months. "Rent" includes
the total of monthly payments for all of the following:
(A)
Use and occupancy of a housing unit and land and facilities
associated therewith.
(B)
Any separately charged fees or service charges assessed by the
lessor which are required of all tenants, other than security deposits.
(C)
A reasonable allowance for utilities not included in the above
costs, including garbage collection, sewer, water, electricity, gas,
and other heating, cooking, and refrigeration fuels. Utilities does
not include telephone service. Such an allowance shall take into consideration
the cost of an adequate level of service (based on the Orange County
housing authority utility allowance.)
(D)
Possessory interest taxes or other fees or charges assessed
for use of the land and facilities associated therewith by a public
or private entity other than the lessor.
Applicant
shall mean one or more person(s) or entity(ies) that applies
for a residential development in the city, regardless of whether the
person(s) or entity(ies) have an ownership or leasehold interest in
the property on which the development is proposed.
Base density
shall mean the maximum number of dwelling units allowed per
acre of land within each land use category designated in the General
Plan.
Density bonus
shall mean a density increase over the otherwise maximum
allowable base density on the subject property, as may be permitted
pursuant to California Government Code Section
65915 et seq., and Fountain Valley Municipal Code Section
21.08.050 (together, "DBL").
shall mean an agreement entered into between the city and
an owner, as developer, affecting the subject property pursuant to
California Government Code Section
65864 et seq.
shall mean each, all and any objective site condition or
construction condition, including, but not limited to, height limits,
required setbacks, maximum floor area ratio, onsite open-space requirement,
or required parking that applies to a residential development pursuant
to any ordinance, General Plan, specific plan, zoning, condition of
approval, or other local law, policy, resolution, or regulation.
For-sale residential development project
shall mean a residential development project that includes
the creation of one or more new dwelling units that may be sold individually.
A for-sale residential development project also includes the conversion
of a residential rental development to a residential ownership development.
Housing type
shall mean the specific building construction design as distinguished
by the number of households per structure and the degree to which
walls or ceilings/floors are shared. For the purposes of this chapter,
the three housing types are attached single-family dwelling unit,
detached single-family dwelling unit, and multifamily unit.
Inclusionary housing fund
shall mean the fund created and maintained by the city in which all fees, both in-lieu and other fees, collected in compliance with this chapter
21.17, shall be deposited.
shall mean a set of narratives and site plans detailing how
the provisions of this chapter will be implemented for the proposed
development project, subject to the approval of the community development
director and city attorney, with the option to present to the planning
commission for review and recommendation to the city Council for their
approval. An inclusionary housing plan shall be submitted by the developer
in a form specified by the community development director detailing
how the provisions of this chapter will be implemented for the proposed
residential development project.
Inclusionary housing program administrator or administrator
shall mean either be the city itself or a third-party administrator,
retained to provide professional services and acting as a representative
of the city in connection with certain to all aspects of the operation
of the Inclusionary Housing Program pursuant to a contract entered
into between the city and the third-party administrator, as such agreement
may be amended or replaced from time to time.
Inclusionary unit
shall mean a dwelling unit intended for sale or rent that is required by Section
21.17.040 to be affordable to extremely low-, very low-, or low-income households.
is a general term, which refers to households whose gross
income falls under the categories of extremely low-, very low-, or
low-income as those terms are defined in the HSC and this chapter.
Market rate unit
shall mean a new dwelling unit in a residential development
project that is not an inclusionary unit and is available for sale
or rental at market rate.
Multifamily unit
shall mean a residential unit intended for the use of a single
household that is part of a larger building or complex having one
or more walls and one or more floors/ceilings attached to and in common
with other residential units.
Regulatory agreement
shall mean an agreement entered into between the city of
Fountain Valley (and/or the Fountain Valley housing authority) and
the owner (developer) of the subject property by which the developer
covenants to keep certain housing units at an affordable housing cost
for a specified period of time and which regulatory agreement is recorded
against the subject property in the official records as a senior nonsubordinate
encumbrance to any and all monetary liens, except tax liens or other
monetary liens with express statutory priority.
Rental residential development project
shall mean a residential development project that creates
one or more dwelling units that cannot be lawfully sold individually
in conformance with the Subdivision Map Act.
Residential development project
shall mean a development that includes the creation of one
or more new dwelling units, conversion of nonresidential uses to dwelling
units, or the conversion of an existing rental residential development
to a residential ownership development.
Tenure
shall mean the financial arrangement and ownership structure
under which an occupant lives in a housing unit. The two primary types
of tenure are rental, in which rent is paid by the occupant to a landlord,
and ownership, where the occupant(s) has/have acquired title to the
unit (with or without a mortgage).
(Ord. 1604, 12/19/2023)