Laserfiche WebLink
CITY COUNCIL DRAFT <br />D. The Project complies with the affordability requirements for a housing <br />development as set forth in the State Density Bonus Law and City Density Bonus <br />for Affordable Housing. <br />E. In light of the purpose of the State Density Bonus Law and City Density Bonus for <br />Affordable Housing, and the express provisions of Government Code Section <br />65915(d)(2)(A), the City has determined that the Project is eligible for one (1) <br />incentive or concession, and waivers as prescribed by the State Density Bonus Law. <br />F. This Agreement, and the exhibits attached hereto and incorporated herein by <br />reference, are intended to set forth the terms and conditions for the implementation <br />of the Project's requirement to provide affordable housing units in exchange for <br />receiving the density bonus, concession and waivers set forth herein. <br />NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein <br />by this reference, and of the mutual covenants contained herein, and for other good and valuable <br />consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as <br />follows: <br />1. DEFINITIONS AND EXHIBITS <br />1.1 Definitions. In addition to the terms that may be defined elsewhere in this <br />Agreement, the following terms when used in this Agreement shall be defined as follows: <br />1.1.1 "Affordability Covenants" means restrictions on the sale and conveyance <br />of the Property pursuant to California Government Code Section 65915 that ensure that the <br />Property will be preserved for Moderate Income Households for at least fifty-five (55) years for <br />owner -occupied housing units and will be sold or resold only to persons or families of very low, <br />low, or moderate income, as defined in Section 50052.5 of the California Health and Safety Code. <br />1.1.2 "Adjusted for Family Size Appropriate to the Unit' or "Adjusted for <br />Household Size" shall have the meaning set forth by Health and Safety Code Section 50052.5(h). <br />1.1.3 "Administrative Procedures Manual" shall mean the City's <br />Administrative Procedures Manual: Ownership Housing Development, setting forth rules and <br />regulations for the City's homeownership program. <br />1.1.4 "Affordability Term" means the duration of the Affordability Covenants <br />as set forth in Section 3.1. <br />1.1.5 "Affordable Housing Cost' means the total housing costs paid by a <br />qualifying Moderate Income Household in accordance with California Health and Safety Code <br />Section 50052.5, and implementing regulations of Sections 6920, 6924 and 6930 of Title 25 of the <br />California Code of Regulations for Moderate Income Households. The Affordable Housing Cost <br />shall not exceed thirty-five percent (35%) times one hundred ten percent (110%) of the Orange <br />County Median Income Adjusted for Family Size Appropriate for the Unit. For Moderate Income <br />Households whose gross income exceeds 110% of Median Income, the Affordable Housing Cost <br />shall not exceed thirty five percent (35%) of the gross income of the household. <br />Page 2 <br />5 53 94.0010 1 \43721567.2 <br />