Pomona Municipal Code Div. 1 General Provisions

Footnotes:

--- (7) ---

Editor's note— Ord. No. 4295, § 3, adopted Feb. 1, 2021, amended the Code by the addition of Div. 1, §§ 74-346, 74-347; however, said provisions have been redesignated as Div. 1, §§ 74-361, 74-362, at the editor's discretion, for purposes of allowing future expansion of the Code.

The city's purpose and intent in enacting this article are as follows:

(a) To ensure the development and availability of decent, affordable housing to a broad range of households with varying income levels throughout the city.

(b) To promote the city's goal to add affordable housing units to the city's housing stock.

(c) To ensure the long-term affordability of units and availability for income-eligible households in years to come.

(d) To ensure that the private sector, in addition to public sector, participates in the provision of affordable housing for current and future residents of the City of Pomona.

(e) To ensure that affordable housing will be dispersed throughout the city and throughout each project and not be segregated from market-rate housing.

(Ord. No. 4295, § 3, 2-1-2021)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Affordable housing agreement means a legally binding agreement between an applicant and the city, in a form and substance satisfactory to the city manager and city attorney and suitable for recording, setting forth those provisions necessary to ensure that the requirements of this article are, and will continue to be, satisfied.

Affordable housing cost means the housing cost for for-sale inclusionary units as defined by California Health and Safety Code section 50052.5 for owner occupied housing, as applicable to the moderate-income households.

Affordable rent means the affordable rent for rental dwelling units as defined in California Health and Safety Code Section 50053.

Affordable sales price means the maximum sales price for which a for sale inclusionary unit may be sold, that will result in the purchaser paying an affordable housing cost for the for sale inclusionary unit, assuming a benchmark mortgage interest rate and minimum down payment as may be established by the city from time to time.

Applicant or developer means a person, persons, or entity that applies to the city for one or more discretionary or residential permits required for the development of a residential development and also includes the owner or owners of the property if the applicant does not own the property on which the development is proposed.

Area median income means the annual median household for Los Angeles County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section 6932, or its successor provision.

Building permit means full structural building permits as well as partial permits such as foundation-only permits.

Certificate of occupancy means the permit issued by the City of Pomona building division authorizing the initial occupancy of a residential unit, including a temporary certificate of occupancy.

City manager means the City of Pomona City Manager or designee.

Density bonus units mean dwelling units approved in a residential development pursuant to California Government Code section 65915 et seq. and the City Density Bonus Ordinance (City of Pomona Zoning Ordinance Section .520) that are in excess of the maximum residential density otherwise permitted by the City of Pomona General Plan or Zoning Ordinance, and any applicable specific plan.

Dwelling unit shall have the definition given for dwelling unit in section .062 of the City of Pomona Zoning Ordinance.

For-sale means any dwelling unit, including but not limited to a condominium, townhome, other attached or detached single family dwelling unit, for which a parcel or tentative and final map is required for the lawful subdivision of the parcel upon which the dwelling unit is located for the creation of the unit in accordance with the Subdivision Map Act (California Government Code section 66410 et seq.).

Household means one person living alone or two or more persons sharing residency.

Inclusionary housing fund means the fund established pursuant to section 74-522 of this article, which is designated by the city to maintain and account for all funds received pursuant to this article, including but not limited to all in-lieu fees.

Inclusionary housing plan means a plan containing all the information specified in and submitted in conformance with section 74-442 of this article specifying the manner in which inclusionary units will be provided in conformance with this article.

Inclusionary unit means a dwelling unit that is designated to meet the requirements set forth in this article, and that must be made available at an affordable housing cost or an affordable rent to eligible moderate-, low- or very low-income households, as applicable to the unit.

In-lieu fee means a fee paid by an applicant into the city's inclusionary housing fund in-lieu of constructing inclusionary units pursuant to this article. Payment of in-lieu fees shall be allowed as an option in accordance with section 74-401.

Low-income household means a household whose income does not exceed the qualifying limits for lower income families as established and amended from time to time for Los Angeles County pursuant to Section 8 of the United States Housing Act of 1937. The income limit for low-income households, adjusted for family size, is published periodically in the California Code of Regulations, Title 25, Section 6932.

Low-income unit means a dwelling unit that is required to be sold or rented to a low-income household at an affordable sales price or an affordable rent, as applicable.

Market-rate unit means a dwelling unit in a residential development that is not an inclusionary unit.

Moderate-income householdshall have the same definition of "persons and families of low or moderate-income" as set forth in California Health and Safety Code Section 50093. The income limit for moderate-income households, adjusted for family size, is published periodically in the California Code of Regulations, Title 25, Section 6932.

Moderate-income unit means a dwelling unit that is required to be sold or rented to a moderate-income household, or a low-income unit that is able to qualify to rent or purchase the moderate-income unit.

Rental mean a dwelling unit that is not a for-sale dwelling unit, and does not include any dwelling unit, whether offered for rental or sale, that may be sold as a result of the lawful subdivision of the parcel upon which the dwelling unit is located or creation of the unit in accordance with the Subdivision Map Act (Government Code section 66410 et seq.).

Resale restriction agreement means a legally binding agreement between the city and the purchaser of a for-sale inclusionary unit, in a form as approved by the city attorney, which requires that the inclusionary unit to be occupied by the purchaser for the term of the agreement, or sold to another moderate-income household at an affordable sales price.

Residential development means any development project for which an application for any ministerial or discretionary permit has been submitted to the city, and where the development would create new or additional dwelling units by the construction or alteration of structures, the conversion of a use to residential from any other use, or the conversion of a use to for-sale residential from rental residential use.

Utilities means garbage collection, sewer, water, electricity, gas and other heating, cooling, cooking and refrigeration fuels.

Very low-income household means a household whose income does not exceed the qualifying limits for very low-income families as established and amended from time to time for Los Angeles County pursuant to Section 8 of the United States Housing Act of 1937. The income limits for very low-income households, adjusted for family size, is published periodically in the California Code of Regulations, Title 25, Section 6932.

Very low-income unit that is required to be rented to a very low-income household at an affordable rent.

(Ord. No. 4295, § 3, 2-1-2021)