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7B Page 22 housing} to persons at or below a specified income level, (iii) restr[cts purchase price or renta4 costs to a level affordable to such owners or tenants, using the affordabi{ity calculations applicable to expenditures of moneys from the low and modera#e income irust fur�ds estabiished pursuant to the Community Redeveiopment Act, (iv) has a term of not less than 50 years; and (v) is determined by the City Manager to contain sufficient provisions to permit enforcement af these restrictions by the City and recapture of any credit granted pursuant to Section 18.259(C) of this Code in the event of breach of the Agreement. APPLICANT: Means the owner of rea[ property proposed for developrnent, ar the Applicant's autharized agent. DEVELQPMENT: Means a proposal far the construction, alteratian, addition, or change of use of any wholly or partially residential �uilding or structure in or upon real prop�rty i!� the Gity that requires any entitlement from or by the City including, without lim�tatior�, a building permit, use permit, zoning or rezoning appraval, subdivision or re-subdivision map approval, lot fine adjustment, architectural permit, general pian amendment, specific plan approval, or any other entifilement or approval. DWELLING UNIT: A room or group of rooms {including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), which const�tutes an independent hausekeeping unit, occupied or intended for occupancy by one household on a long- term basis. ENR: Means the construction cost index published in the Engineering News Record, or if such index is no longer published, its successor. _ 1MPACT FEE OR FEES: Means the fee or fees imposed on-a development-pursuant to this Article. IMPACT FEE PROJECT LiST: Means those Park Improvements, funded in part or in whole by Impact Fees, approved by resolution of the Councii and maintained on file 'sn the office of the Administrator. IMPACT FEE SCHEDULE: Means the schedule of impact fee rates per development unit for specitic land uses or iand use categories approved by resolution or ordinance of the City Cauncil and maintained on file in the office of the Administrator. LOW INCOME HOUSING UNIT: Means a Dwelling Unit that is restricted, by means of an Affordability Agreernent, to be affordable to persons with income af not more than 80% of area median income and to be owned {in the case of owner-occupied housing) or leased (in the case of rental hausing) only by such persons. MODERATE INCOME HOUSlNG UN1TS: Means a Dwelling Unit, other than a Low Income Housing Unit, that is restricted, by means of an Affordability Agreement, to be affordable ta persons with incame of not more fihan 120% of area median income and to be owned (in the case of owner-occupied housing) or leased (in the case of rental housing) only by such persons. ATTYIORD/ORD.288 090507