Tustin Municipal Code Part 1 General

The purpose of this Chapter is to enhance the public welfare by establishing policies which require the development of housing affordable to households of extremely low, very low, low, and moderate incomes, help meet the needs of the City's local workforce, help meet the City's regional share of housing needs, and implement the goals and objectives of the Tustin General Plan Housing Element, through the development of voluntary workforce housing incentive program units within new residential developments when a developer makes the voluntary election to request the benefit of Residential Allocation Reservations (RARs) pursuant to a Specific Plan. (Ord. No. 1491, Sec. II, 9-4-18)

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

"Affordable housing cost" means the housing cost for dwelling units as defined by California Health and Safety Code Section 50052.5 for owner-occupied housing and the affordable rent for rental units as defined by California Health and Safety Code Section 50053, as applicable.

"Applicant" or "developer" means a person, persons, or entity that applies for a residential project and also includes the owner or owners of the property if the applicant does not own the property on which development is proposed.

"Base units" means the total number of units in a residential project obtained via a Residential Allocation Reservation pursuant to a Specific Plan, excluding any density bonus units.

"Density bonus units" means dwelling units approved in a residential development calculated by applying the formulas set forth in California Government Code Section 65915 et seq. and Tustin City Code Section 9111 et seq. to the base units as permitted pursuant to any existing or future-adopted Specific Plan, that are in excess of the base units and maximum residential density otherwise permitted by the applicable Specific Plan, the City of Tustin General Plan, and Tustin City Code.

"Development approval" means a tentative map, parcel map, conditional use permit, development agreement, or any other discretionary permit.

"Extremely low-income household" shall have the definition given in California Health and Safety Code Section 50106.

"For-sale" means and refers to any dwelling unit, including a condominium, stock cooperative, community apartment, or attached or detached single family home, 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 or for the creation of the unit in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.), or any residential development including such for-sale dwelling units.

"Low income household" shall have the definition given in California Health and Safety Code Section 50079.5.

"Market rate unit" means a new dwelling unit in a residential project that is not a voluntary workforce housing incentive program unit as defined by Section B9912 of this Chapter.

"Mixed use residential development" means any development that combines residential land uses with office, commercial, light industrial, or business park land uses.

"Moderate income household" shall have the definition given in California Health and Safety Code Section 50093(b).

"Residential area" means the area of base units within a residential project made available for occupancy and use as a dwelling unit, including private open space and excluding common open space.

"Rental" means and refers to 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 (California Government Code Section 66410 et seq.), or any residential development including such rental dwelling units.

"Residential project" means any residential development, including any mixed use residential development, requiring a development approval for which an application has been submitted to the City for a project that will utilize a Residential Allocation Reservation.

"Residential Allocation Reservation" means the process described in any existing or future-adopted Specific Play by which residential units are allocated by the City to a residential project.

"Very low-income household" means a household earning no more than the amount defined by California Health and Safety Code Section 50105.

"Voluntary workforce housing incentive program agreement" means an agreement in conformance with Section B9932 of this Chapter between the City and an applicant, governing how the applicant shall comply with this Chapter.

"Voluntary workforce housing incentive program fund" means the fund created by the City in which all fees collected in compliance with this Chapter shall be deposited pursuant to Section B9929 of this Chapter.

"Voluntary workforce housing incentive program guidelines" means the requirements for implementation and administration of this Chapter as may be promulgated by the City Manager pursuant to Section B9942 of this Chapter.

"Voluntary workforce housing incentive program in-lieu fee" means a fee payable per base unit or per square foot of residential area, as may be established by resolution of the City Council, and as specified by this Chapter, payable to the City prior to the issuance of a building permit for the residential project, unless the timing of payment is otherwise specified in an approved voluntary workforce housing incentive agreement pursuant to Section B9932 of this Chapter, or the conditions of approval for the residential project.

"Voluntary workforce housing incentive program plan" means a plan containing all of the information specified in and submitted in conformance with Section B9932 of this Chapter specifying the manner in which workforce housing units will be provided in conformance with this Chapter and the workforce housing incentive guidelines, and consistent with the City of Tustin General Plan and Article 9 of the Tustin City Code.

"Voluntary workforce housing incentive program unit" means a dwelling unit required by this Chapter to be affordable to very low, low, or moderate-income households. (Ord. No. 1491, Sec. II, 9-4-18)