Part III — REGULATIONS APPLYING TO SOME OR ALL DISTRICTS

Article 21 — TOD HEIGHT AND DENSITY BONUS

Fresno Zoning Code · 2026-06 edition · ingested 2026-07-06 · Fresno

SEC. 15-2101. - PURPOSE.

The purpose of the Transit-Oriented Development (TOD) Height and Density Bonus is to provide flexibility for projects which promote walkability, livability, and transit ridership near stations for Bus Rapid Transit and other enhanced transit service.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

SEC. 15-2102. - APPLICABILITY.

At its discretion, the Review Authority, when granting a Development Permit, may allow a project to exceed the maximum height and/or the maximum residential density of the Base District if all three of the following criteria are met:

A.

The project site is located entirely within an MX District or a CMS District.

B.

The project site is located within 500 feet of an existing or planned Bus Rapid Transit station or a station for a similar enhanced transit service as determined by the Review Authority or is located within ½ mile of the Manchester Transit Center.

C.

The project will provide one of the following public benefits:

1.

A Public Plaza per Section 15-1104-E.1.c; or

2.

Qualifying public art at the discretion of the Review Authority; or

3.

Ninety percent or greater frontage coverage along the street which features the Bus Rapid Transit route or other enhanced transit route.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, § 20, eff. 10-21-16; Am. Ord. 2017-33, § 16, eff. 7-30-17).

SEC. 15-2103. - MAXIMUM PERMITTED BONUSES.

Height and Density bonuses granted by the Review Authority may not exceed the following:

A.

Height. The bonus height may exceed that of the Base District by no more than 25 percent. Portions of buildings in excess of the maximum height of the Base District may not be located within 100 feet of an RS District.

B.

Residential Density. The bonus density may exceed that of the Base District by no more than 100 percent.

C.

Combination with Affordable Housing Density Bonus. A TOD Height and Density Bonus may be used in combination with an Affordable Housing Density Bonus.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

SEC. 15-2104. - REQUIRED FINDINGS.

A decision to grant a bonus shall be based on making all of the following findings:

A.

The architectural design of the project is of exceptional quality and will add to the beauty and pedestrian comfort of the transit corridor;

B.

Granting the bonus shall not cause more housing to be located within the corridor or corridor segment than was identified in the General Plan Master Environmental Impact Report or other applicable environmental review;

C.

Granting the bonus shall not cause the capacity of the infrastructure which serves the site to be exceeded; and

D.

Granting the bonus will not be detrimental to the health or safety of the public or the occupants of the property.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

ARTICLE 22 - AFFORDABLE HOUSING DENSITY BONUS

SEC. 15-2201. - PURPOSE.

The purposes of the affordable housing regulations are to:

A.

Lessen the shortage of housing affordable to moderate, low, and very low income households in the city as partial compliance with California Government Code (Government Code) Section 65583(c);

B.

Allow for density bonuses and additional incentives, consistent with Government Code Section 65915, for housing affordable to moderate, low, and very low income households, for seniors and disabled persons, and for development that includes a childcare facility;

C.

Implement the policies of the Housing Element to expand the provision of housing for lower and moderate income households, elderly residents and others with special housing needs; and

D.

Establish requirements for resale and rental controls to ensure that units remain affordable for at least 30 years or such other term as required by the City, consistent with State law.

E.

Nothing in this Article shall be construed as a provision for inclusionary zoning where an applicant is required to provide housing affordable to moderate, low, and very low income households as a condition of approval for a residential development. Furthermore, the Council shall not adopt a provision for inclusionary zoning, as described above, unless and until the Fresno General Plan adopted in December 2014 is updated and superseded by a new General Plan.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

SEC. 15-2202. - OTHER REGULATIONS AND ADOPTED PLANS.

A.

State Law Governs. The provisions of this section shall be governed by the requirements of Government Code Section 65915. Where conflict may occur between the provisions of this section and State law, the State law shall govern.

B.

Effect of Granting a Density Bonus. The granting of a density bonus shall not, in and of itself, require a General Plan amendment, zoning change, or other discretionary approval.

C.

Land Use Compatibility. When located within the Airport Influence Area (AIA) of any of the operative airport plans (i.e., Sierra Skypark Land Use Policy Plan, Fresno-Chandler Downtown Airport Land Use Compatibility Plan, Fresno Yosemite International Airport Land Use Compatibility Plan) applications for a density bonus project and/or an incentive as authorized by this section shall be subject to the provisions of the adopted land use compatibility policies for residential development established by each plan for noise, airspace protection, safety, and nuisance.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

SEC. 15-2203. - APPLICABILITY.

The bonuses under this article are applicable to the following projects:

A.

General residential projects of five or more units.

B.

Senior housing projects of more than 35 units.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

SEC. 15-2204. - DENSITY BONUSES.

Pursuant to Government Code Section 65915, the City shall grant a density bonus over the otherwise allowable maximum residential density permitted by this Ordinance, the General Plan, or operative plans,

and one or more additional concessions or incentives, consistent with Government Code Section 65915 and this section, if the applicant applies for and proposes to construct any one of the following:

A.

Very Low Income Units.

1.

A density bonus of 20 percent if five percent of the total units of a housing development are affordable to very low income households, as defined in Health and Safety Code Section 50105.

2.

For each additional one percent increase above five percent in the proportion of units affordable to very low income households, the density bonus shall be increased by 2.5 percent, not to exceed the maximum density bonus as put forth in Subsection H.

B.

Lower Income Units.

1.

A density bonus of 20 percent if 10 percent of the total units of a housing development are affordable to lower income households, as defined in Health and Safety Code Section 50079.5.

2.

For each additional one percent increase above 10 percent units affordable to lower income households, the density bonus shall be increased by 1.5 percent, not to exceed the maximum density bonus as put forth in Subsection H.

C.

Senior Citizen Housing Development. A density bonus of 20 percent if a housing development qualifies as a Senior Citizen Housing Development, as defined in Civil Code Section 51.3.

D.

Moderate Income Units in Condominium and Planned Use Developments.

1.

A density bonus of five percent if 10 percent of the total dwelling units in a condominium project, as defined in Subdivision (f), or in a Planned Development as defined in Subdivision (k) of Section 1351 of the Civil Code, are affordable to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.

2.

For each additional one percent increase above 10 percent units affordable to moderate income households, the density bonus shall be increased by one percent, not to exceed the maximum density bonus as put forth in Subsection H.

E.

Conversion of Apartments to Condominiums.

1.

A density bonus of 25 percent if at least 33 percent of the total units of the proposed condominium project are affordable to persons of low or moderate income as defined in Health and Safety Code Section 50093, or if 15 percent of the total units of the condominium project are affordable to lower income households as defined by Health and Safety Code Section 50079.5.

2.

Apartments that have already been granted a density bonus are ineligible for a density bonus under this section.

F.

State Childcare Facility Density Bonus. When an applicant proposes to construct a housing development that conforms to the requirements of the State Density Bonus Law and includes a childcare facility other than a family day care home that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant one of the following:

1.

Additional Density Bonus. A density bonus of additional residential units equal in gross square footage to the amount of square footage of the childcare facility.

2.

Additional Concession or Incentive. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

3.

Length of Operation. The childcare facility remains in operation for a period of time that is as long as, or longer than the length of time during which the affordable housing units must remain affordable.

G.

Land Donation.

1.

Basic Requirements. When an applicant for a residential development such as a subdivision map or special permit donates land to the City in accordance with this subsection, a density bonus of 15 percent shall be

granted if at least 10 percent of the units are for very low income households. For each additional one percent increase above 10 percent units affordable to very low income households, the density bonus shall be increased by one percent, up to a maximum of 35 percent of the maximum allowable residential density for the site.

a.

This density bonus shall be in addition to any increase in density allowed by this section, the combination of which shall not exceed 35 percent, unless approved with good cause by the Director pursuant to this section.

2.

Additional Requirements. The density bonus for donation of land may be granted if all of the following conditions are met:

a.

The applicant donates and transfers the land to the City or to a housing developer approved by the City. The transfer shall be complete (deed recorded) prior to the recordation of a subdivision map or approval of a Special Permit.

b.

The transferred land is at least one acre in size or of sufficient size to permit the development of at least 40 dwelling units.

c.

The land has the appropriate General Plan designation and zoning for the development at the density described in paragraph (3) of subdivision (c) of Government Code Section 65583.2.

d.

Is or will be served by adequate public facilities and infrastructure; and has all permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map or Special Permit, except that the local government may subject the proposed development to subsequent design review if its design is not reviewed by the City prior to the time of transfer.

e.

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with this section recorded at time of transfer.

f.

The transferred land shall be within the boundary of the proposed development or within one-quarter mile of the subject site, if acceptable to the Director.

H.

Maximum Density Bonus.

1.

Mixed-Use Districts. No maximum.

2.

Other Districts. A density bonus over 35 percent may be approved at the discretion of the Review Authority.

I.

Calculation of Density Bonus Units. When calculating the number of permitted density bonus units, all fractional units shall be rounded to the next higher whole number. The applicant who requests a density bonus for a project that meets two or more of the eligibility requirements shall specify whether the bonus shall be awarded on the basis of Subsections A-F of this section. The density bonus shall not be included when determining the number of target units to be provided in a development project.

1.

Optional Density Bonus. The City may grant a proportionally lower density bonus and/or provide concessions and/or incentives set forth in Section 15-2205, Affordable Housing Concessions and Incentives, if an applicant agrees to construct a development containing less than the percentage of housing for lower or very low income households than provided in this section.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

SEC. 15-2205. - AFFORDABLE HOUSING CONCESSIONS AND INCENTIVES.

A.

Number of Incentives or Concessions. Pursuant to Government Code Section 65915, an applicant is entitled to receive incentives and/or concessions as follows. The applicant who requests incentives or concessions for a mixed-income project shall specify whether the incentives or concessions shall be awarded on the basis of one or more of the points below.

1.

One incentive or concession for projects that include:

a.

At least 10 percent of the total units for lower income households;

b.

At least five percent for very low income households; or

c.

At least 10 percent for persons and families of moderate income in a condominium or planned development;

2.

One incentive or concession for senior citizen housing developments; or

3.

Two incentives or concessions for projects that include;

a.

At least 20 percent of the total units for lower income households;

b.

At least 10 percent for very low income households; or

c.

At least 20 percent for persons and families of moderate income in a condominium or planned development; or

4.

Three incentives or concessions for projects that include:

a.

At least 30 percent of the total units for lower income households;

b.

At least 15 percent for very low income households; or

c.

At least 30 percent for persons and families of moderate income in a condominium or planned development.

B.

Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions pursuant to this section and State law. In addition to any increase in density to which an applicant is entitled, the City shall grant one or more incentives and/or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to Subsection 15-2205-A unless the City makes a written finding that either:

1.

The concession or incentive is not necessary in order to provide the proposed targeted units, or

2.

The concession or incentive would have a specific adverse impact that cannot be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources.

The applicant may propose and the City may approve additional incentives and concessions for an eligible project that provides targeted units that meet two or more of the eligibility requirements based on a written finding that the additional incentives or concessions are necessary in order to make the project economically feasible.

C.

Types of Affordable Housing Incentives. Affordable housing incentives may consist of any combination of the items listed below:

1.

Modification of Development Standards. Up to 20 percent in modification of site development standards or zoning code requirements, including, but not limited to:

a.

Reduced minimum lot sizes and/or dimensions.

b.

Reduced minimum building setbacks and building separation requirements, excluding back up treatment for off-street parking spaces.

c.

Reduced minimum outdoor and/or private usable open space requirements.

d.

Increased maximum lot coverage.

e.

Increased maximum building height.

2.

Reduced Parking. Upon the applicant's request, the following maximum parking standards, inclusive of handicapped and guest parking, shall apply to the entire project. Further reductions in required parking may be requested as one of the incentives allowed under Subsection 15-2205-A.

a.

Standard Reduction.

i.

.5 on-site space for studio units;

ii.

.75 on-site space for one or two bedroom units;

iii.

One on-site space for three or more bedrooms; and

iv.

Guest parking shall be provided per the underlying district.

b.

Transit-Serviced Developments. When a development is located within one-half mile of a major transit stop and there is unobstructed access to the stop, the following maximum parking ratios apply. For Senior and Special Needs Housing, the development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. For purposes of this subsection, "unobstructed access" means that a resident is able to access the stop without encountering natural or constructed impediments.

i.

Mixed Income Developments. If the project dedicates 20 percent of the total units for lower income households and 11 percent of the total units for very low income households, then the maximum required parking ratio shall be .5 spaces per bedroom.

ii.

One-Hundred Percent Affordable Developments. For projects that consist solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, the maximum parking ratios shall be as follows.

(1)

Senior Housing. If the development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, the ratio shall not exceed .5 spaces per unit.

(2)

Special Needs Housing. If the development is a special needs housing development, as defined in Section 51312 of the Health and Safety Code, the ratio shall not exceed 0.3 spaces per unit.

(3)

All Other Housing. .5 spaces per unit.

3.

Mixed-Use Zoning. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and such uses are compatible with the housing project and the surrounding area.

4.

Other Incentives. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable cost reductions or avoidance.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

SEC. 15-2206. - APPLICATION REQUIREMENTS.

An application shall be submitted by an applicant and shall contain the information as outlined by the Director.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

SEC. 15-2207. - AFFORDABLE HOUSING STANDARDS.

A.

Duration of Affordability. All affordable housing units shall be kept affordable for a minimum period of 30 years or a longer period as required by the financing assistance or subsidy program or the City, consistent with State law.

B.

Timing of Availability. Affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as the market-rate housing units within the same project unless both the City and the developer agree to an alternative schedule for development.

C.

Design. The mix and type of affordable units shall be proportionate to those of the project as a whole (with the exception that premium units—e.g., penthouses, top floor view units—shall not be required to be affordable units), and shall be comparable with the design of the base level market rate units prior to purchaser-funded upgrades in terms of appearance, materials, and finished quality.

D.

Parking. Parking designated for affordable units shall be provided in an equitable manner as that provided for the market rate units.

E.

Location. Wherever feasible, affordable units shall be dispersed throughout the development.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

SEC. 15-2208. - REGULATORY AGREEMENT.

The City shall enter into a recorded agreement in the form of a covenant with property owner, and take other appropriate steps necessary to assure that the required moderate, low and/or very low income ownership units are provided and that the units remain affordable to moderate, low, or very low income households for the required period. This agreement shall include, but is not limited to, the following:

A.

Number of Units. The total number of units approved for the projects, including the number of affordable housing units.

B.

Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.

C.

Household Income Group. A description of the household income groups to be accommodated by the project and a calculation of the Affordable Sales Price.

D.

Certification Procedures. The party responsible for certifying sales prices or annual rental rates, and the process that will be used for certification.

E.

Schedule. A schedule for the completion and occupancy of the affordable housing units.

F.

Required Term of Affordability. Duration of affordability of the housing units. Provisions should also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer.

G.

Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market-rate units and right of first refusal option for the City and/or the distribution of accrued equity for for-sale units.

H.

Remedies for Breach. A description of the remedies for breach of the Agreement by either party.

I.

Other Provisions. Other provisions to ensure implementation and compliance with this article.

J.

Condominium and Planned Developments. In the case of condominium and planned developments, the Regulatory Agreement shall provide for the following conditions governing the initial resale and use of affordable housing units:

1.

Target units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate Income Households at an Affordable Sales Price and Housing Cost, or to Qualified Residents as defined by this Ordinance.

2.

Target units shall be initially owner-occupied by eligible Very Low or Lower Income Households.

3.

Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The City's proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.

K.

Rental Housing Developments. In the case of rental housing developments, the Regulatory Agreement shall provide for the following conditions governing the use of Target Units during the use restriction period:

1.

The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining Target Units for qualified tenants.

2.

Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this article.

3.

Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit.

L.

Recordation of Agreement. The agreement shall be recorded with the Fresno County Recorder's Office and shall run with the property. The agreement shall conform to the provisions of Government Code Sections 65864 to 65869.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

SEC. 15-2209. - ENFORCEMENT.

A.

The provisions of this article shall apply to all agents, successors, and assignees of an applicant for development of the site. No building permit or occupancy permit shall be issued, nor any development approval granted, which does not meet the requirements of this article.

B.

In addition to, or in lieu of, the provisions of 15-2208-A the City shall institute injunction, mandamus, or any other appropriate legal actions or proceedings for the enforcement of this article.

C.

Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this article, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable for each offense by a fine of not more than $500.00, or by imprisonment in the County Jail for a term not exceeding six months, or by both fine and imprisonment. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this article is commenced, continued, or permitted by such person, firm, or corporation, and shall be punishable as provided herein.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

SEC. 15-2210. - DEFINITIONS.

Whenever the following terms are used in this article, they shall have the meaning established by this section:

A.

Additional Incentive(s). Regulatory concessions as specified in California Code Sections 65915(k) to include, but not be limited to, the reduction of site development standards or Zoning Ordinance

requirements, approval of mixed-use zoning in conjunction with the housing project, or any other regulatory incentive which would result in identifiable cost reductions that are offered in addition to a density bonus.

B.

Affordable Housing. Housing units that are affordable to families with very low, low, or moderate incomes.

C.

Affordable Housing Agreement A legally binding agreement between a developer and the City to ensure that the requirements of this section are satisfied. The agreement establishes, among other things, the number of required inclusionary or affordable housing units, the unit sizes, location, affordability tenure, terms, and conditions of affordability and unit production schedule.

D.

Affordable Unit, For Rent. A unit for which the total monthly rent plus utilities does not exceed the following:

1.

Moderate Income Households. 30 percent of 110 percent of the Fresno County median income.

2.

Lower Income Households. 30 percent of 60 percent of the Fresno County median income.

3.

Very Low Income Households. 30 percent of 50 percent of the Fresno County median income.

E.

Affordable Unit, For Sale. A unit for which the total monthly payment including interest, taxes, insurance, and utilities does not exceed the following:

1.

Moderate Income Households. 35 percent of 110 percent of the Fresno County median income.

2.

Lower Income Households. 30 percent of 70 percent of the Fresno County median income.

3.

Very Low Income Households. 30 percent of 50 percent of the Fresno County median income.

F.

Conversion. The change of status of a dwelling unit from a purchased unit to a rental unit or vice versa.

G.

Density Bonus. A minimum increase in the number of dwelling units authorized for a particular parcel of land over the otherwise maximum residential density.

H.

Density Bonus Dwelling Units. Those residential units granted pursuant to the provisions of this article which are above the maximum allowable residential density of the project site.

I.

Financial Assistance. Assistance to include, but not be limited to, the subsidization of fees, infrastructure, land costs, or construction costs, the use of redevelopment set-aside funds, community development block grant (CDBG) funds, or the provision of other direct financial aid in the form of cash transfer payments or other monetary compensation, by the City of Fresno.

J.

Housing Costs. Defined in accordance with Section 50052.5 of the California Health and Safety Code and shall generally mean the monthly mortgage principal and interest, property taxes and assessments, homeowners insurance, homeowner association fees where applicable, an allowance for utilities and property maintenance and repairs, for ownership dwelling units; and the monthly rent, and allowance for utilities, fees, or service charges charged to all tenants, for rental dwelling units.

K.

Income Eligibility. The gross annual household income, considering the household size and number of dependents, income of all wage earners, elderly or disabled family members and all other sources of household income. For self-employed households, net annual household income shall be used in determining income eligibility.

L.

In-Lieu Incentives. Incentives offered by the City, which are of equivalent financial value based upon the land cost per dwelling unit(s), that are offered in-lieu of density bonus and additional incentives.

M.

Income. Any monetary benefits that qualify as income in accordance with the criteria and procedures used by the City of Fresno.

N.

Income Levels. For purposes of determining income levels of households under this article, the City shall use the Fresno County income limits in Title 25, Section 6932 of the California Code of Regulations or other income limits adopted by the City Council if the State Department of Housing and Community Development fails to provide timely updates of the income limits in the California Code of Regulations.

O.

Lower-Income Household. Low-income household whose gross income does not exceed 80 percent of the area median income for Fresno County as determined annually by the U.S. Department of Housing and Urban Development.

P.

Major Transit Stop. A site containing an existing rail transit station or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak

commute periods. This definition shall additionally include all major transit stops designated in the applicable regional transportation plan. (California Public Resources Code § 21155 and § 21064.3).

Q.

Market-Rate Unit. A dwelling unit where the rental rate or sales price is not restricted either by this article or by requirements imposed through other local, State, or federal affordable housing programs.

R.

Maximum Allowable Residential Density. The maximum residential density allowed under this Ordinance and the General Plan, or if a range of density is permitted, the maximum allowable density for the specific zoning range and General Plan applicable to the project.

S.

Median Income. The median income earned by a household or family, adjusted by size, as published by U.S. Department of Housing and Urban Development.

T.

Moderate-Income Household. A household whose gross income is more than 80 percent but does not exceed 120 percent of the median income for Fresno County as determined annually by the U.S. Department of Housing and Urban Development.

U.

Offsets. Concessions or assistance to include, but not be limited to, direct financial assistance, density increases, standards modifications or any other financial, land use, or regulatory concession which would result in an identifiable cost reduction enabling the provision of affordable housing.

V.

Operating Agent. A nonprofit organization, for-profit corporation, County or City agency chosen by the City to carry out some or all of the administrative provisions of this article.

W.

Project. A housing development at one location including all dwelling units for which permits have been applied for or approved within a 12 month period.

X.

Qualifying Resident. Persons 62 years of age or older, or 55 years of age or older in a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units, and as defined in Section 51.3 of the California Civil Code.

Y.

Senior Citizen Housing Development. A residential development consisting of at least 35 dwelling units which is developed for, or substantially rehabilitated or renovated for persons 55 year of age or older.

Z.

Target Dwelling Unit. A dwelling unit that will be offered for rent or sale exclusively to and which shall be affordable to the designated income group or qualified resident, as required by this article.

AA.

Very Low Income Household. A household whose gross income does not exceed 50 percent of the area median income for Fresno County as determined annually by the U.S. Department of Housing and Urban Development.

(Added Ord. 2015-39, § 1, eff. 1-9-16).