Part 1 — GENERAL

The purpose of this Chapter is to provide incentives for the production of housing for very low-, low-, moderateincome, senior citizens, transitional foster youth, lower income students, disabled veterans and homeless persons in accordance with California Density Bonus Law (Government Code section 65915 et seq.). In addition, it contains provisions for a density bonus or development incentive/concession when a child care facility is to be included in an affordable housing development, or when land is donated for affordable housing under specified conditions. The regulations and procedures set forth in this Chapter shall apply citywide. The intent of this Chapter is to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City's Housing Element.

(Ord. No. 1528, Sec. 2, 10-4-22)

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

"Affordable Housing Cost" means as defined in Health and Safety Code section 50052.5. The term applies to for-sale units.

"Affordable Rent" means as defined in Health and Safety Code section 50053. The term applies to rental units.

"Applicant" means a developer or owner who desires to construct five (5) or more dwelling units.

"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.

"Common Interest Development" means a community apartment project, a condominium project, a planned development, or a stock cooperative.

"Concession or Incentive" means the concession(s) and incentive(s) as specified in Government Code section 65915(k) and Section 9123 of this Chapter.

"Density Bonus" means a density increase over the otherwise maximum allowable residential density, as of the date of application by the applicant to the City. The applicant may elect to accept a lesser percentage of density bonus. The amount of density bonus to which the applicant is entitled shall vary according to Section 9121.

"Density Bonus Units" means those residential units granted pursuant to the provisions of this Chapter which exceed the otherwise maximum allowable residential density for the development site. When calculating the number of permitted density bonus units, any fractions of units shall be rounded to the next whole number.

"Development Standards" includes a site or construction conditions, 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.

"Director" means the City's Director of Community Development or designee.

"Housing Authority" means the Tustin Housing Authority.

"Housing Development" means a development project consisting of five (5) or more residential units, including singlefamily, multifamily units, and mixed-use developments for-sale or for rent. "Housing development" also includes a subdivision or common interest development, approved by the City 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, as defined in subdivision (d) of Section 65863.4 of the Government Code, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

"Housing Incentive Agreement" means a legally binding agreement between an applicant and the City and/or the Housing Authority to ensure that the requirements of this Chapter are satisfied. The agreement among other things shall establish the number of targeted units, size, location, terms and conditions of affordability, production schedule, and may be part of a larger disposition and development or regulatory agreement.

"Lower Income Household" means households whose income does not exceed the lower income limits applicable to Orange County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the Health and Safety Code.

"Major Transit Stop" means a site containing an existing rail or bus rapid transit station, or the intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods, and includes any major transit stop that is included in an applicable regional transportation plan.

"Maximum Allowable Residential Density" 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. 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.

"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.

"Non-Restricted Unit" means all units within a housing development excluding the targeted units.

"Persons and Families of Moderate Income" means persons and families of low or moderate income whose income exceeds the income limit for lower income households and as defined in Health and Safety Code section 50093.

"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 adjusted for family size by the State Department of Housing and Community Development in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.

"Qualified Nonprofit Housing Corporation" means a nonprofit housing corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

"Senior Citizen" means, a person sixty-two (62) years of age or older, or fifty-five (55) years of age living in a senior citizen housing development.

"Senior Citizen Housing Development" means, as more fully defined in Civil Code section 51.3 and 51.12, a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least thirty-five (35) dwelling units.

"Shared Housing Building" means a residential or mixed-use structure, with five (5) or more shared housing units and one (1) or more common kitchens and dining areas designed for permanent residence of more than thirty (30) days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. A shared housing building may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than twenty-five (25) percent of the floor area of the shared housing building. A shared housing building may include one hundred percent (100%) shared housing units.

"Shared Housing Unit" means one (1) or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code.

itable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code.

"Special Needs Housing Development" means any housing, including supportive housing, intended to benefit, in whole or in part, persons identified as having special needs relating to any of the following: Mental health; physical disabilities; developmental disabilities, including, but not limited to, intellectual disability, cerebral palsy, epilepsy, and autism; and risk of homelessness, or housing intended to meet the housing needs of persons eligible for mental health services funded in whole or in part by the Mental Health Services Fund, created by Section 5890 of the Welfare and Institutions Code. Special Needs Housing Development is more fully defined in Section 51312 of the Health and Safety Code, and supportive housing development is more fully defined in Section 50675.14 of the Health and Safety Code.

"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 was deemed complete.

"Student Housing Development" means any housing used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges.

"Targeted Unit(s)" means a dwelling unit(s) within a housing development which will be reserved for sale or rent to, and is made available at an affordable rent or affordable housing cost to very low, low, or moderate households, or is (are) units in a senior housing development.

"Unobstructed Access" means a resident is able to access a major transit stop without encountering natural or constructed impediments.

"Very Low-Income Households" means households whose income does not exceed the very low-income limits applicable to Orange County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

(Ord. No. 1528, Sec. 2, 10-4-22; Ord. No. 1535, Sec. 2, 6-20-23; Ord. No. 1574, Secs. 2—8, 3-17-26)