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10/22/2007 AFFORDABILlTY AGREEMENT: Means an agreement, to which the City is a party, that (i) identifies itself as an Affordability Agreement pursuant to this Section, (ii) restricts ownership (in the case of owner occupied housing) or tenancy (in the case of rental housing) to persons at or below a specified income level, (iii) restricts purchase price or rental costs to a level affordable to such owners or tenants, using the affordability calculations applicable to expenditures of moneys from the low and moderate income trust funds established pursuant to the Community Redevelopment 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 of 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 real property proposed for development, or the Applicant's authorized agent. DEVELOPMENT: Means a proposal for the construction, alteration, addition, or change of use of any wholly or partially residential building or structure in or upon real property in the City that requires any entitlement from or by the City including, without limitation, a building permit, use permit, zoning or rezoning approval, subdivision or re-s.ubdivision map approval, lot line adjustment, architectural permit, general plan amendment, specific plan approval, or any other entitlement or approval. DWELLING UNIT: A room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping 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. IMPACT 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 Council and maintained on file in the office of the Administrator. IMPACT FEE SCHEDULE: Means the schedule of impact fee rates per development unit for specific land uses or land use categories approved by resolution or ordinance of the City Council 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 Agreement, to be affordable to persons with income of 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 housing) only by such persons. MODERATE INCOME HOUSING UNITS: Means a Dwelling Unit, other than a Low Income Housing Unit, that is restricted, by means of an Affordability Agreement, to be ATTY/ORD/ORD.288 07 2318 formerly muff # 305