§ 17.107.020. Definitions.

A.

Affordable Housing. "Affordable housing" shall mean that the relevant housing is available on terms such that the housing costs are less than a specified percentage of the gross income of households within a particular income category (adjusted for household size, depending on the number of bedrooms in the living unit) as determined for the Oakland Primary Metropolitan Statistical Area (PMSA). For a rental unit, housing costs include rent and a reasonable allowance for utilities. For a for-sale unit, housing costs include loan principal, loan interest, property and mortgage insurance, property taxes, home owners' association dues and a reasonable allowance for utilities.

B.

Affordable Housing Cost. "Affordable housing cost" shall mean the allowable percentage of gross household income a household spends on housing costs for a given income group, as defined below.

1.

Where units are targeted as being affordable to low income households, housing costs for rental units must be equal to or less than thirty percent (30%) of the gross monthly income, adjusted for household size, of sixty percent (60%) of the median income for the Oakland PMSA. Housing costs for for-sale units must be equal to or less than thirty percent (30%) of the gross monthly income, adjusted for household size, of seventy percent (70%) of the median income.

2.

Where units are targeted as being affordable to very low income households, housing costs for rental units and for for-sale units must be equal to or less than thirty percent (30%) of the gross monthly income; adjusted for household size, of fifty percent (50%) of the median income for the Oakland PMSA.

3.

Where units are targeted as being affordable to moderate income households, housing costs for rental units must be equal to or less than thirty percent (30%) of the gross monthly income, adjusted for household size, of one hundred twenty percent (120%) of the median income for the Oakland PMSA. Housing costs for for-sale units must be equal to or less than thirty-five percent (35%) of the gross monthly income, adjusted for household size, of one hundred twenty percent (120%) of the median income.

C.

Child Care Facility. "Child Care Facility" for the purposes of this chapter only, the following definitions in California Government Code Sections 65915(h)(4) and 65917.5(a)(1) shall apply:

"Child care facility," (65915(h)(4)) as used in this Section, 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.

"Child care facility" (65917.5(a)(1)) means a facility installed, operated, and maintained under this Section for the nonresidential care of children as defined under applicable State licensing requirements for the facility.

D.

Concession or Incentive. "Concession" or "incentive" includes the standards of California Government Code Section 65915(k), and shall mean a reduction in site development standards, or a modification to a requirement of the Oakland Planning Code, or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission, that would otherwise be required, which result in identifiable, financially sufficient, and actual cost reductions (as demonstrated by the developer).

E.

Density Bonus. "Density bonus" shall mean a maximum thirty-five percent (35%) density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and/or Oakland General Plan, or specific plan, and shall follow the definition in the California Government Code Section 65915(f). The density bonus shall not be included when determining the number of target units that must be affordable to the relevant income group.

F.

Developer. "Developer" shall mean the owner or other person, including a lessee, having the right under the Oakland zoning ordinance, to make an application for development approvals for the development, or redevelopment, of a commercial or industrial project.

G.

Development Standard. "Development standard" shall mean a site or construction condition, 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.

H.

Economically Feasible. "Economically feasible" shall mean that a housing development can be built with a reasonable rate of return. The housing developer's financial ability to build the project shall not be a factor.

I.

Maximum Allowable Residential Density. "Maximum allowable residential density" shall mean the density allowed under the zoning ordinance, and the Land Use and Transportation Element of the Oakland General Plan; or, if a range of density is permitted, means the maximum allowable density for the specific zoning range and the range in the Land Use and Transportation Element of the Oakland 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 Oakland General Plan, the General Plan density shall prevail.

J.

Moderate, Low and Very Low Income Households. "Moderate, low and very low income households" shall mean those households whose income matches levels determined periodically by the U.S. Department of Housing and Urban Development, based on the Oakland Primary Metropolitan Statistical Area (PMSA) median income levels by family size, under which:

1.

"Moderate income" is defined as greater than eighty percent (80%) to one hundred twenty percent (120%) of median income (see Section 50093 of the California Health and Safety Code);.

2.

"Low income" is defined as greater than fifty percent (50%) to eighty percent (80%) of median income; (see Section 50079.5 of the California Health and Safety Code);

3.

"Very low income" is defined as less than fifty percent (50%) of median income (see Section 50105 of the California Health and Safety Code).

K.

Residential Housing Development. "Residential housing development" shall mean, for the purposes of this Chapter, a project involving the construction of five (5) or more residential dwelling units, excluding any units permitted by the density bonus awarded pursuant to this Chapter. Further, a "housing development" is as defined in California Government Code Section 65915(i).

L.

Senior Citizen Housing Development. "Senior citizen housing development" shall mean the development, substantial rehabilitation, or substantial renovation of at least thirty-five (35) dwelling units reserved for senior citizens, where each unit houses at least one person fifty-five (55) years of age or older, and/or a qualified permanent resident, as described in Section 51.3 of the California Civil Code; further, it shall also mean a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code.

M.

Target Living Unit. "Target living unit" shall mean a living unit that will be offered for rent or sale exclusively to and which shall be affordable to the designated income group or senior citizens.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13224, § 3(Exh. A), 4-22-2014)