Exhibit
2-A
RULE 24.5 -
CONNECTIONS FOR AFFORDABLE HOUSING
A. DEFINITIONS AFFECTING AFFORDABLE HOUSING
For
the purpose of this Rule 24.5, the following definitions shall apply:
1. Definition
of “Moderate Income Household”. The term “Moderate Income
Household” shall mean those individuals or group of individuals living together
as one household, whose combined gross annual income does not exceed the limits
established under the United States Housing Act of 1937, as determined from
time to time by the U.S. Department of Housing and Urban Development (HUD) in
its annual transmittal of income eligibility data for a “Moderate Income
Household” in the Seaside, Monterey, Salinas Standard Metropolitan Statistical
Area Median Family Income as specified in the latest United States Census and
projected to a year of sale by the United States Department of Housing and
Urban Development. “Moderate Income” shall
include all salaries, rents and similar sources of income as well as the economic value of property, savings, stocks,
bonds, and other assets.
2. Definition
of “Affordable Housing”. The term “Affordable Housing” shall mean and refer to housing that is
affordable to moderate-income households.
Such housing is affordable if the sales price is equal to or less than
three times the maximum annual moderate-income household income; or if rented,
if the annual rent is equal to or less than 25% of the maximum annual moderate-income
household income. “Moderate Income”
shall include all salaries, rents and similar sources of income as well as the
economic value of property, savings, stocks, bonds, and other assets.
The term “Affordable Housing” shall only apply to a “Dwelling Unit” which is available for private occupancy,
but for which ownership and/or occupancy is restricted by recorded covenant or
other deed restriction. This covenant or
restriction shall be enforceable by either the District or the public and shall limit use of all “Affordable Housing” so
that only households of “Moderate Income” or less shall qualify to occupy these
units by purchase, by rent, or by lease.
This covenant or restriction shall comply with the standards set by the
California Department of Housing and Community Development (HCD) and the
Monterey County Housing Authority for resale and occupancy of “Low Income” and
“Moderate Income” housing, and shall require that the District receive notice
prior to the removal or modification of that deed restriction. The recorded covenant shall further provide
notice to each subsequent owner that any change of water use from an affordable
housing use to any other residential or non-residential use shall constitute an
intensification of use which shall require payment at the
then-present value of connection charges to the District both for the
intensification of water use capacity and for the increment of water use which had
originally been exempted from the full fee.
The recorded covenant and shall be in a form approved by the District General Manager.
This covenant shall also require the use and maintenance of water
conservation measures as determined by the District General Manager, which
shall, among other things, maximize the use of low-flow fixtures and drought
resistant landscaping.
3. Definition
of “Very Low-Income Household” and “Low-Income Household”. The terms “Very
Low-Income Household” and “Low-Income Household” shall mean those individuals
or group of individuals living together as one household, whose combined gross
annual income for each such group does not exceed the limits established under
the United States Housing Act of 1937, as determined from time to time by the
U.S. Department of Housing and Urban Development (HUD) in its annual
transmittal of income eligibility data.
Permissible income limits shall not exceed the primary criteria to
determine applicant eligibility for Section 8 HUD Public Housing programs. The terms “Very Low-Income” and “Low-Income”
shall include all salaries, rents and similar sources of income as well as the economic value of property, savings, stocks,
bonds, and other assets.
4. Definition
of “Low-Income Housing”. The term “Low-Income Housing” shall mean and
refer to housing that is affordable to low-income and very low-income
households. Such housing is affordable
if the sales price is equal to or less than three times the maximum annual very
low-income household income; or if rented, if the annual rent is equal to or
less than 25% of the maximum annual very low-income household income.
The term “Low-Income Housing” shall only apply to a “Dwelling Unit” which is available for private occupancy,
but for which ownership and/or occupancy is restricted by recorded covenant or
other deed restriction. This covenant or
restriction shall be enforceable by either the District or the public and shall limit use of all “Low-Income Housing” so
that only households of “Low-Income” or less shall qualify to occupy these
units by purchase, by rent, or by lease.
This covenant or restriction shall comply with the standards set by the
California Department of Housing and Community Development (HCD) and the
Monterey County Housing Authority for resale and occupancy of “Low Income”
housing, and shall require that the District receive notice prior to the
removal or modification of that deed restriction. The recorded covenant shall further provide
notice to each subsequent owner that any change of water use from a low-income
housing use to any other residential or non-residential use shall constitute an
intensification of use which shall require payment at the
then-present value of connection charges to the District both for the
intensification of water use capacity and for the increment of water use which had
originally been exempted from the full fee.
The recorded covenant shall be in a form approved by the District
General Manager. This covenant shall
also require the use and maintenance of water conservation measures as
determined by the District General Manager, which shall, among other things, maximize
the use of low-flow fixtures and drought resistant landscaping.
5. Definition
of “Dwelling Unit”. The term “Dwelling Unit” shall mean single or multiple residences suitable for
single household occupancy but shall not refer to non-permanent student or
transient housing, the occupancy of which is projected to average 24 months or
less.
B. CONNECTION CHARGE EXEMPTION
1. Partial
Fee Exemption for Affordable Housing. Each residential connection which supplies water to a “Dwelling
Unit” meeting the definition of “Affordable Housing” shall be exempt from fifty
percent (50%) of the connection charge required pursuant to Rule 24 during the
period that “Dwelling Unit” continuously meets the definition of “Affordable
Housing”. Any change of water use from
an “Affordable Housing” use to any other residential or
non-residential use (even if the change is limited to removal or modification
of the required deed restriction), or any transfer to another site, shall
constitute an intensification of use, and shall require the imposition of
the then-current connection charge both for the intensification and for that
entire increment of water use capacity which had been exempted from the original
connection charge. All other permit
conditions, including processing fees and surcharges, shall apply to these
connections.
2.
Fee Exemption for Low-Income Housing. Each residential connection
which supplies water to a “Dwelling Unit” meeting the definition of “Low-Income
Housing” shall be exempt from all connection charges required pursuant to Rule
24 during the period that “Dwelling Unit” continuously meets the definition of
“Low-Income Housing”. Transfer of
water use to any other site shall be prohibited. Any change of water use from a “Low-Income
Housing” use to any other residential or non-residential use (even if the
change is limited to removal or modification of the required deed restriction)
shall constitute an intensification of use, and shall require the imposition of
the then-current connection charge both for the intensification and for that
entire increment of water use capacity which had been exempted from the
original connection charge. All other permit conditions, including processing fees and
surcharges, shall apply to these connections.
U:\staff\word\committees\Tac\2006\20061003\02\item2_exh2a.doc