Modesto Municipal Code Art. 2 Density Bonus: Definitions

Unless otherwise specified below, the following words or phrases are limited to use in this chapter.

A Development Standard includes 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 any ordinance, general plan element, specific plan, charter, or other local condition, law policy, resolution or regulation.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half (0.5) mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including and intuitional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Means the density allowed under the zoning ordinance and 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. If 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.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

As defined in Section 50105 of the Health and Safety Code, "very low-income households" means persons and families whose incomes do not exceed the qualifying limits for very low-income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. "Very low-income households" includes extremely low-income households, as defined in Section 50106.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Area median income means the median family income of Stanislaus County as set by the U.S. Department of Housing and Urban Development (HUD).

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Persons and families of low or moderate income means persons and families whose income does not exceed one hundred twenty (120) percent of area median income. Persons and families of low or moderate income includes very low-income households; extremely low-income households; and lower income households as defined in Sections 50105, 50106, and 50079.5 of the Health and Safety Code.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Means a calculation of the number of units that:

(a) Excludes a unit added by a density bonus awarded pursuant to this article or any local law granting a greater density bonus.

(b) Includes a unit designated to satisfy an inclusionary zoning requirement of the city.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, "natural or constructed impediments" includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

Means a density increase over the otherwise maximum allowable gross residential density as of the date of the application by the applicant to the city, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)