“Adjusted for household size appropriate for the unit” means a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, five persons in the case of a four-bedroom unit and six persons in a five-bedroom unit.

“Affordable housing agreement” means a legally binding, written agreement between the city and a developer, in form and substance satisfactory to the city attorney and approval body, ensuring the compliance with the requirements of this chapter, whether through the provision of inclusionary units, density bonus target units, or through an alternative method.

“Affordable housing plan” means the plan referenced in Section 17.48.070, which sets forth the manner in which the requirements of this chapter will be implemented for a particular residential development.

“Approval body” means the person, board, commission, or council given the final authority to review and approve or disapprove a development or building permit application.

“Childcare facility” means a child day care facility other than a family day care home, including, but not limited to, infant center, preschool, extended day care facility, and school-age child care center.

“Common interest development” means any of the following as defined in Section 1351 of the California Civil Code:

“Density bonus” means a density increase over the otherwise maximum allowable residential density as specified by this chapter.

“Density bonus target units” means, in exchange for a density bonus, the housing units within a residential development that are required to be reserved for sale or rent to, and made available at affordable housing costs to very low, low, or moderate income households, or is a unit in a senior housing development.

“Density bonus units” means the residential units granted pursuant to the provisions of this chapter, which exceed the maximum residential density for the development site.

“Developer” means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which seeks city approvals for all or part of a residential development. The term “developer” also means the owner for any such property for which such approvals are sought.

“Director” means the community development director of the city of Marina or his/her designee.

“Discretionary approval” means any entitlement or approval pursuant to this chapter and the subdivision ordinance, including but not limited to general plan amendments, zoning ordinance amendments, specific plans, use permit, variance, design review, and subdivision map and other legislative approvals.

“Inclusionary units” means housing units developed pursuant to an affordable housing agreement that will be offered for rent or sale to very low, low, moderate, and middle income households, at an affordable housing cost, pursuant to this chapter.

“Low income households” means households whose income does not exceed the lower income limits applicable to Monterey County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

“Low income units” means housing units restricted to occupancy by low income households at affordable housing cost.

“Lower income households” means the inclusion of both low income and very low income households.

“Market-rate units” means housing units where the rental rates or sales prices are not restricted either by this chapter or by requirements imposed through other local, state, or federal affordable housing programs.

“Maximum residential density” means the maximum number of residential units permitted by the Marina general plan, applicable to the subject property at the time an application for the construction of a residential development or redevelopment is deemed complete by the city, excluding the density bonus units permitted by this chapter.

“Median income” means the median family income of the county of Monterey, as annually estimated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. Median income limits, as adjusted for household size, are revised annually and published by the State Department of Housing and Community Development.

“Middle income households” means households whose gross household income is between one hundred twenty-one and one hundred fifty percent of the median income for Monterey County, adjusted for household size. Housing affordable to middle income households created as a result of provisions in this chapter is intended to address the workforce housing needs in Marina.

“Middle income units” means housing units restricted to occupancy by middle income households at affordable housing cost.

“Moderate income households” means households whose income does not exceed the moderate income limits applicable to Monterey County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

“Moderate income units” means housing units restricted to occupancy by moderate income households at affordable housing cost.

“Monterey County area median income” means the annual median income for Monterey County, adjusted for household size, as published in the California Code of Regulations, Title 25, Section 6932, or its successor provision.

“Redevelopment agency” means the redevelopment agency of the city of Marina.

“Regulatory agreement” means one or more legally binding written agreements to ensure continued affordability of the unit to a very low, low, moderate or middle income household, in form and substance satisfactory to the city attorney and approval body, executed and recorded against the residential development at the time of the final map recordation pursuant to the terms of this chapter and may include a deed restriction, resale restriction or regulatory agreement.

“Residential development” means one or more groups of projects for residential units constructed in the city. Residential 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 project, where the result of the rehabilitation would be a net increase in available units. For purposes of this chapter, residential development shall not include a residential care facility as that term is defined in the zoning ordinance.

“Senior housing” means a residential development that has been “designed to meet the physical and social needs of senior citizens,” and which otherwise qualifies as “housing for older persons,” as that phrase is used in the Federal Fair Housing Amendments Act of 1988 and its implementing regulations, and as that phrase is used in California Civil Code Section 51.3 and the California Fair Employment and Housing Act.

“Substantial rehabilitation” or “substantially rehabilitated” means the rehabilitation of a dwelling unit that has substantial building and other code violations, such that the unit is returned to the city’s housing supply as decent and safe housing, and the cost of such work exceeds twenty-five percent of the after-rehabilitation value or thirty thousand dollars, whichever is less.

“Total housing costs” means the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs include the monthly rent payment and reasonable utilities and all mandatory fees charged for use of the property. For an ownership unit, total housing costs include the mortgage payment (principal and interest), utilities, homeowner’s association dues, homeowner’s insurance, property taxes and assessments, maintenance costs, mortgage insurance and any other related assessments.

“Very low income households” means households whose income does not exceed the very low income limits applicable to Monterey 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.

“Very low income units” means housing units restricted to occupancy by very low income households at affordable housing cost. (Ord. 2020-07 § 2, 2020; Ord. 2006-14 § 2 (Exh. A), 2006)