City of Moreno Valley, CA RESIDENTIAL DISTRICTS

§ 9.03.010 Purpose and intent.

The general plan outlines goals, objectives, and policies regarding the character of residential uses and developments. It is the purpose of this chapter to provide regulations that implement those goals, objectives and policies toward the provision of a wide range of residential opportunities and dwelling unit types that meet the needs of present and future Moreno Valley residents of all socioeconomic groups. It is the further intent of this chapter to: ensure adequate light, air, privacy and open space for each dwelling; to minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive bulk or number in relation to the land area around them; to protect residential properties from objectionable noise, illumination, unsightliness, odors, smoke and other influences; and to facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit densities, and service requirements.

(Ord. 359, 1992)

§ 9.03.020 Residential development districts.

The following subsections describe the general product type and density provisions for the specified residential development districts. The ultimate density allowed in any residential district shall be determined through the project review process and public hearings as described in Chapter 9.02 of this title. The planning commission and city council shall have the authority to reasonably condition any discretionary residential development to ensure proper transition and compatibility to adjacent developments, existing or proposed.

Rural Residential District (RR). In conformance with the purpose and intent of the rural residential land use designation established in the city's general plan, it is the intent of the rural residential district to provide for and protect rural lifestyles involving large lots growing fruits and vegetables, and animal keeping. It is the further intent of this district to protect natural resources and hillsides in the rural portions of the city.

Hillside Residential District (HR). The primary purpose of the hillside residential (HR) district is to balance the preservation of hillside areas with the development of view oriented residential uses. It is the further intent of this district to provide regulations for the limited development of those hillside areas in a manner that will maintain natural open space areas, protect significant landforms and other natural resources, protect views from existing development, retain opportunities for views from development sites, preserve and enhance vistas from public places, minimize the extent and occurrence of erosion and other potential hazards of development in areas of steep topography, and generally protect the public health, safety and welfare. The keeping of animals is permitted, however, the keeping of large animals may be prohibited subject to compatibility with local urbanization and topographic constraints.

Residential 1 District (R1). The primary purpose of the R1 district is to provide for and protect the rural and agricultural atmosphere, including the keeping of animals, that have historically characterized these areas. This district is intended as an area for development of low density, large lot, single-family residential dwelling units at a maximum density of one dwelling unit (DU) per net acre.

Residential 2 District (R2). The primary purpose of the R2 district is to provide for suburban life-styles on residential lots larger than are commonly available in suburban subdivisions, and to allow nonequestrian residential developments in a rural atmosphere. This district is intended as an area for development of large lot, single-family residential development at a maximum allowable density of two DUs per net acre.

Residential Agriculture 2 District (RA2). The primary purpose of the RA2 district is to provide for suburban life-styles on residential lots larger than are commonly available in suburban subdivisions and to provide for and protect the rural and agricultural atmosphere, including the keeping of animals, that have historically characterized these areas. This district is intended as an area for development of large lot, single-family residential development at a maximum allowable density of two dwelling units (DU) per net acre.

Residential 3 District (R3). The primary purpose of the R3 district is to provide a transition between rural and urban density development areas, and to provide for a suburban life-style on residential lots larger than those commonly found in suburban subdivisions. This district is intended as an area for development of large lot, single-family residences at a maximum allowable density of three DUs per net acre.

Residential 5 District (R5). The primary purpose of the R5 district is to provide for residential development on common sized suburban lots. This district is intended as an area for development of single-family residential and mobile home subdivisions at a maximum allowable density of five DUs per net acre in accordance with the provisions outlined herein.

Residential 10 District (R10). The primary purpose of the R10 district is to provide for a variety of residential products and to encourage innovation in housing types with enhanced amenities such as common open space and recreation areas. This district is intended as an area for development of attached residential dwelling units, as well as mobile home parks at a maximum allowable density of 10 dwelling units per net acre in accordance with the provisions outlined herein.

Residential Single-Family 10 District (RS10). The primary purpose of the RS10 district is to provide for residential development on small single-family lots with amenities not generally found in suburban subdivisions. The district is intended for subdivisions at a maximum allowable density of 10 dwelling units per net acre.

Residential 15 District (R15). The primary purpose of the R15 district is to provide a broadened range of housing types for those not desiring detached dwellings on individual parcels, and with open space and recreational amenities not generally associated with typical suburban subdivisions. This district is intended as an area for development of attached residential dwelling units, as well as mobilehome parks, at a maximum allowable density of 15 DUs per net acre in accordance with the provisions outlined herein.

Residential 20 District (R20). The primary purpose of the R20 district is to provide a broadened range of housing types in a more urban setting than is typically found within other areas of the city. This district is intended as an area for development of multifamily residential dwelling units, as well as mobilehome parks, at a maximum allowable density of 20 DUs per net acre in accordance with the provisions outlined herein.

Residential 30 District (R30). The primary purpose of the R30 district is to provide a broadened range of housing types in an urban setting than is typically found within other areas of the city. This district is intended as an area for development of multifamily residential dwelling units at a maximum allowable density of 30 DUs per net acre in accordance with the provisions outlined herein.

(Ord. 359, 1992; Ord. 468 § 1.3, 1995; Ord. 547 § 1.1, 1999; Ord. 726 § 4.2, 2006; Ord. 797 § 2.2, 2009)

§ 9.03.030 Use regulations for residential districts.

For residential districts, unless otherwise expressly provided in this title, permitted uses are limited to those described in the Permitted Uses Table, Section 9.02.020 of this title. All permitted nonresidential uses shall comply with all commercial standards of the development code.

(Ord. 359, 1992; Ord. 520 § 1.8, 1997)

§ 9.03.040 Residential site development standards.

The following standards shall apply to land and permitted or conditionally permitted buildings and structures located within the herein described residential districts. The standards stated herein are not intended to prevent more restrictive private site development standards contained in the covenants, conditions and restrictions or other private consensual restrictions imposed on any property or dwelling unit. However, in no case shall private deed or other property restrictions be applied or recognized so as to permit a lesser standard than the minimum standards established in this title or to otherwise revise the standards established by this title.

Rural Residential Requirements.

Slope-Density-Natural Area Relationship. The maximum density (du/ac) and the minimum percent of a site to remain in a natural state shall be determined by a slope analysis applied to the Slope-Density-Natural Area Table, as defined below.

Slope-Density-Natural Area Table 9.03.040-4.

Slope Class	Allowable Density (DU/Acre)	Amount of Open Space Required
Greater than 25%	0.05 (1 du/20 ac)	60%
15.1% to 25%	0.10 (1 du/10 ac)	50%
10% to 15%	0.20 (1 du/5 ac)	35%
Less than 10%	0.40 (1 du/2.5 ac)	n/a

Slope analysis calculations and mapping shall be provided by the applicant as described under subsection C of this section. The slope analysis shall be certified by a qualified civil engineer or licensed surveyor.

The total number of dwelling units permitted within a project area shall be the sum of the allowable dwelling units within each slope class. For example, if 10 acres of the project falls within the 10 to 15% slope class and five acres falls within the 15.1% to 25% slope class, then the total permitted yield shall be two dwelling units (10 ac x 0.10 du/ac plus 5 ac x 0.20 du/ac).

Minimum Lot Size. Minimum lot size shall be one dwelling unit per two and one-half acres within a slope category of 10% or less unless determined to be reduced by an approved slope analysis. Based on the outcome of a slope analysis, minimum lot size within the rural residential district may be reduced to 20,000 square feet, or the minimum lot size of the adjacent zone, whichever is greater, if clustered on slopes of less than 10% and the lots are part of a project that preserves the steeper slope classes as natural open space by dedication to an appropriate governmental entity, open space easement, transfer of development rights or other means approved by the city. The ongoing maintenance of such open space areas shall be ensured through a mechanism approved by the city.

Subdivision Design and Future Land Divisions.

Subdivisions shall be compatible with the surrounding development pattern. A subdivision shall be considered compatible if the lots created along the outside boundary of the project are no smaller than the average lot size within 300 feet of the project boundary. Parcels greater than five acres in area shall be excluded from the calculations when determining the average lot size within 300 feet of the project boundary.

Subdivisions shall be designed in such a way as to transfer development density to the lower slope classes and preserve the steeper slopes for very low density and/or open space. Subdivisions created in this way are prohibited from further division so as not to circumvent the density transfer and the purpose of the district. This restriction shall be binding on the subdivider and subsequent land owners. Therefore, this restriction shall be secured by development agreement or other type of recorded deed restriction approved by the city.

Building Height. Dwellings and other accessory structures shall not exceed 30 feet in overall height, provided that on slopes of less than 10%, the overall height shall not exceed 35 feet.

Setbacks and Other Site Development Criteria. Front, side and rear setbacks and other site development standards not specifically referenced in this section shall be subject to the following standards:

Lot Size	Standards
Under 40,000 s.f.	R2 district standards
40,000 s.f. or greater	R1 district standards

Grading within the rural residential district shall be performed as described under the hillside residential requirements, subsection (B)(6) of this section.

Hillside Residential Requirements.

Slope-Density-Natural Area Relationship. The maximum density (du/ac) and the percent of a site to remain in a natural state shall be determined by a slope analysis applied to the Slope-Density-Natural Area Table, as defined below.

Slope-Density-Natural Area Table 9.03.040-5.

Slope Class	Allowable Density (DU/Acre)	Minimum Amount of Open Space Required
Greater than 25%	0.10 (1 du/10 ac)	60%
15.1% to 25%	0.25 (1 du/4 ac)	50%
10% to 15%	0.50 (1 du/2 ac)	35%
Less than 10%	1.00 (1 du/ac)	n/a

Slope analysis calculations and mapping shall be provided by the applicant as described under subsection C of this section. The community development director may require the slope analysis to be certified by a qualified civil engineer or licensed surveyor.

The total number of dwelling units permitted within a project area shall be the sum of the allowable dwelling units within each slope class. For example, if 10 acres of the project falls within the 15.1% to 25% slope class and five acres falls within the greater than 25% slope class, then the total permitted yield shall be three dwelling units (10 ac x 0.25 du/ac plus 5 ac x 0.10 du/ac).

Minimum Lot Size. Minimum lot size shall be one acre within a slope category of 10% or less unless determined to be reduced by an approved slope analysis. Based on the outcome of a slope analysis, the lot size within the hillside residential district may be reduced to 10,000 square feet or the minimum lot size of the adjacent zone, whichever is greater, if clustered on slopes of less than 10% and the lots are part of a project that preserves the steeper slope classes as natural open space by dedication to an appropriate governmental entity, open space easement, transfer of development rights or other means approved by the city. The ongoing maintenance of such open space areas shall be ensured through a mechanism approved by the city.

Subdivision Design and Future Land Divisions.

Building Height. Dwellings and other accessory structures shall not exceed 30 feet in overall height, provided that on slopes of less than 10%, the overall height shall not exceed 35 feet.

Lot Size	Standards
Less than 20,000 s.f.	R-3 district standards
20,000 s.f. to 40,000 s.f.	R-2 district standards
40,000 s.f. or greater	R-1 district standards

Grading of any site shall be minimized and shall conform to the provisions contained in the city of Moreno Valley design guidelines, Ch. 9.16, under applications for hillside development, Article IV, Sections 9.16.170 through 9.16.235 of this title, and the following standards:

Slope Class	Standards
15.1—25%	Padded building sites may be allowed, but maximum use of custom foundations and split level designs shall be employed to reduce the need for large, padded building areas.
Above 25%	Mass grading is not permitted. Special hillside architectural and design techniques are expected in order to conform to the natural landform. Homes constructed on lots within this terrain shall use custom, multiple-level foundations.
For all areas	All graded areas shall be protected from wind and water erosion through acceptable slope stabilization methods such as planting, walls or jute netting.

Slope Calculations. For the purposes of this section, the following method will be used to determine slope.

"Slope" is defined as the relationship between the change in elevation (rise) of the land and the horizontal distance (run) over which that change in elevation occurs. The percent of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by 100.

For the purpose of determining the amount and location of land falling into each slope category, the applicant shall submit to the community development department, at the time of application, a base topographic map of the subject site prepared and signed by a registered civil engineer or licensed land surveyor. Such a map shall have a scale of not less than one inch to 200 feet and a contour interval of not more than 10 feet.

This base topographic map shall include all adjoining properties within 300 feet of the site boundaries. Slope bands in the range of less than 10%, 10 to 15%, 15 to 25%, and greater than 25% shall be delineated on the topographic map. The map shall be accompanied by a tabulation of the land area in each slope category specified in acres. The exact method for computing the percent slope and area by percent slope category is to be sufficiently described and presented so that a review can readily be made.

Slope Mapping Method.

The percent slope of any particular piece of land shall be plotted on the map as described in this subsection.

In preparing a slope map, those portions of ravines, ridges and terraces of less area generally sloping at 25% slope or greater, shall be regarded as part of the bordering 25% slope or greater band.

General Residential Requirements. The following tables sets forth minimum site development standards for residential development projects in the specified residential districts. In addition, projects must comply with the special development standards enumerated in this section, the performance standards included in Chapter 9.10 and any other applicable city ordinances, policies and standards.

Table 9.03.040-6 Residential Site Development Standards Single-Family Standards
Requirement			R1	R2	RA2	R3	R5	RS10
1.	Maximum density (DUs* per net acre)		1	2	2	3	5	10
2.	Minimum lot size (sq. ft. net area)		40K**	20K	20K	10K	7,200	4,500
3.	Minimum lot width, in feet		150	100	100	90	70	45
Cul-de-sac/knuckle lot frontage			50	50	50	50	50	45
4.	Minimum lot depth, in feet		170	120	120	100	100	85
5.	Minimum front yard setback		25	25	25	25	20	20
Front-facing garages								10
Buildings other than front-facing garages								10
6.	Minimum side yard setback, in feet***
	a.	Interior side yard	See Note 1	See Note 1	See Note 1	See Note 1	See Note 2	See Note 3
	b.	Street side yard	20	20	20	15	15	10
7.	Minimum rear yard setback, in feet***		40	35	35	30	15	15
8.	Maximum lot coverage		25%	30%	30%	40%	40%	50%
9.	Maximum building and structure height, in feet		Two stories not to exceed 35 feet.
10.	Minimum dwelling size (sq. ft.)		1500	1500	1500	1250	1250	1000
11.	Minimum distance between buildings, in feet (including main DUs and accessory structures)		20	15	15	10	10	10
12.	Floor area ratio
	a.	One-story home	0.25	0.30	0.30	0.40	0.40	0.50
	b.	Multi-story home	0.50	0.60	0.60	0.70	0.70	0.75

Notes to Residential Site Development Standards Table 9.03.040-6.
*	The term "DUs" means dwelling units.
**	The term "K" means thousands.
***	See Section 9.08.030 regarding accessory structures and room additions.
1.	Combined interior side yard setbacks of 20 feet shall be provided with a minimum of five feet on one side.
2.	Combined interior side yard setbacks of 15 feet shall be provided with a minimum of five feet on one side.
3.	In the RS10 district the minimum street side setback shall be 10 feet. The interior side setback shall be five feet, except in the case of zero lot line developments with houses placed on an interior side lot line. When a house is placed on an interior side lot line, the other minimum side yard setback shall be 10 feet. Where applicable, an easement at least five feet in width shall be provided along the common lot line. The easement shall guarantee the right to use and occupy the easement for a roof overhang(s), stormwater drainage and for building maintenance and repair.
4.	The minimum front yard setback from private streets within the R1, R2 and R3 districts shall be 55 feet measured from the center line of the street. The minimum front yard setback from private streets within the R5 district shall be 50 feet measured from the center line of said street.

Table 9.03.040-7 Residential Site Development Standards Multifamily Standards
Requirement		R10	R15	R20	R30
1.	Maximum density (DUs*/net acre)	10	15	20	30
2.	Minimum lot size (net area in sq. ft.)**	1 acre	1 acre	1 acre	1 acre
3.	Minimum lot width in ft.	200	200	200	200
4.	Minimum lot depth in ft.	175	175	175	175
5.	Minimum front yard setback, in ft.	20	25	30	30
6.	Minimum side yard setback, in ft.
	Interior side yard	10	10	10	10 ft. plus 2 ft. for every 5 ft. in height over 30 ft.
	Street side yard	20	20	20	20
7.	Minimum rear yard setback, in ft.	15	20	25	10 ft. plus 2 ft. for every 5 ft. in height over 30 ft.
8.	Maximum lot coverage	40%	45%	50%	50%
9.	Maximum building and structure height, in ft.	50 feet
10.	Minimum dwelling size (sq. ft.)	See Note 1
11.	Minimum distance between buildings, in ft. (including main DUs and accessory structures)	20	20	20	20
12.	Floor area ratio	0.75	0.75	0.75	1.0

NOTES:
*	The term "DUs" means dwelling units.
**	Minimum lot size only applies to newly subdivided multifamily lots; existing lots can be developed under the multifamily development standards.

Special Single-Family Residential Development Standards.

In any residential district, front yard setbacks in subdivision developments may be reduced by 20% provided the mean of all such setbacks in the development is not less than the minimum required for the district.

In the R2, RA2, R3 and R5 districts, developments of five or more dwelling units shall include front and street side yard landscaping and shall consist predominantly of plant materials, except for necessary walks, drives and fences.

In the RS10 district, driveways and fire hydrants shall be designed and located to maximize on-street parking opportunities in front of each residence.

Within the RS10 district, small lot single-family subdivisions on less than 15 gross acres shall provide landscaping and decorative walls along the street side of corner lots and at least two of the following amenities throughout the project:

Front porches;

Automatic garage door openers;

Electronic security systems.

Within the RS10 district, small lot single-family subdivisions on 15 gross acres or more shall include usable common open space encompassing a minimum of 10% of each development. Usable common open space does not include individually owned lots, parking areas, nor vehicular rights-of-way. Usable common open space is open space and/or recreational amenities under joint (common) ownership, including, but not necessarily limited to, landscaped areas, trails, playgrounds, tennis courts, swimming pools and recreational buildings. A homeowners' association shall be established to provide continual maintenance of the commonly owned facilities.

For all developments within the R5 land use district, a buffer of lots held to the development standards of the R3 land use district shall be included for all portions of a subdivision located adjacent to lower density single-family residential land use districts, including the R1, R2, RA-2, and RR zones.

For all single-family residential developments in the R10, R15, R20, and R30 districts a planned unit development application shall be submitted to establish the applicable development standards.

In all residential districts, air conditioners, heating, cooling and ventilating equipment and all other mechanical, lighting or electrical devices shall be operated so that noise levels do not exceed 60 dBA (Ldn) at the property line. Additionally, such equipment, including roof-mounted installation, shall be screened from surrounding properties and streets and shall not be located in the required front yard or street side yard. All equipment shall be installed and operated in accordance with other applicable city ordinances.

Special Multiple-Family Residential Development Standards.

In the R10, R15, R20 and R30 districts, buildings exceeding one story in height shall maintain a minimum building setback of 50 feet from any single-family district. Any single-story building within the R10, R15, R20 or R30 district shall maintain a minimum setback of 20 feet from any single-family district.

In the RS10, R10, R15, R20 and R30 districts, developments of five or more dwelling units shall include front and street side yard landscaping and shall consist predominantly of plant materials, except for necessary walks, drives and fences.

In the RS10, R10, R15, R20 and R30 districts, a minimum of 35% of the net site area, exclusive of private patio and yard areas, shall be landscaped. Turf shall not exceed 50% of this area. Required setback areas and outdoor recreation areas may be counted toward this minimum. Landscaping shall consist predominately of plant materials to include water efficient native plants, except for necessary walks and fences. Landscape areas shall be designed to promote water retention and allow runoff from impervious surfaces. Hardscape areas are recommended to be constructed with pervious surfaces where feasible to reduce run off.

Where a multiple-family project abuts property in a single-family district, a decorative masonry wall at least six feet in height and screening landscaping within a planter of at least five-foot interior width shall be erected and maintained between such uses and the single-family district. Decorative walls composed of block, brick, stone, stucco-treated masonry or concrete panels are acceptable. The community development director may approve alternative materials, provided that the materials are decorative and comparable to masonry walls or concrete panels in durability and ability to attenuate light and sound.

Parking for each use shall comply with the requirements of Chapter 9.11 of this title.

In the R30 District, Landscape Trees. One tree per 20 linear feet of building dimension for the portions of building visible from parking lot or ROW and one tree per 20 linear feet of perimeter planter areas.

In the R30 district, for a development of three acres or greater, up to 60% of the units may be in buildings with three or four stories, 50 feet maximum height subject to planning commission approval.

Table 9.03.040-8
Designation	Minimum Density*	Maximum Density
R10	8 units/acre	10 units/acre
R15	12 units/acre	15 units/acre
R20	16 units/acre	20 units/acre
R30	24 units/acre	30 units/acre

*	Eighty percent of allowable density must be achieved by all multiple-family residential developments.

General Multiple-Family Guidelines.

Opposing garages or carports should be turned to avoid the monotony of alley-like parking corridors.

Parking areas should be staggered and landscaped to add visual interest, and opportunities for accent treatments.

Parking spaces within multifamily areas shall be located within 250 feet of the dwellings they serve.

Multifamily parking lots shall be limited to two double aisles of cars to help reduce expanses of paving. Parking lots shall provide openings in curbs to convey surface drainage into landscape areas for water quality, retention and absorption.

Open parking areas should be clustered and treated as landscaped plazas and courts.

Landscaping shall be used around the perimeter of the lot, as well as within the lot, reducing paved area and providing for a more pedestrian oriented site.

No more than four units for a two-story structure should be served by one entry.

Each multiple-family unit shall have at least 150 square feet of private open space per downstairs unit and a minimum of 100 square feet of private open space per upstairs unit. Private open space may consist of a fenced yard area, patio or balcony. Fenced yards and patios shall have a minimum dimension of at least eight feet. Balconies shall be at least five feet deep.

Common open space at a minimum of 300 square feet per each residential dwelling in the project is required.

10.

Individual units should have a porch or porch-like space at the front door.

11.

Trash enclosures shall be located to provide a maximum walking distance of 250 feet from the units they serve.

12.

Trash enclosures shall include solid roofs and be designed to be compatible with the project's architecture.

13.

Trash enclosures shall not be located on dead end drive aisles, unless adequate turnaround is provided for collection vehicles.

14.

There shall be at least one double-bin trash enclosure for every 48 residential units.

15.

Mail boxes should be located at various places on the site and treated to match the building's architecture, avoiding the institutional and monumental "gang box" appearance, while conforming to post office guidelines.

16.

Drive aisles should be curved and should incorporate landscaping and paving treatments to reduce vehicle speed. Landscaping treatments may include pinched planters and a mix of canopy and vertical trees. Paving treatments may include interlocking paver bands or etchings across drives. Speed bumps or Botts' dots are not an acceptable alternative.

17.

Freestanding structures, like gazebos or pergolas, should be located to define activity areas at pathway intersections or in secluded landscape areas.

18.

Drive aisles shall be at least 24 feet wide for two-way traffic and shall be at least 20 feet wide for one-way traffic.

19.

Buffer setbacks and landscaping shall be provided along all property lines. Buffers may also be appropriate within the complex, separating recreational areas from units and limiting lines of sight between balconies and into parking areas.

20.

Multiple-family projects warrant special design considerations, including:

Intimate, shaded outdoor seating areas;

A network of pathways, providing interesting walking experiences;

Gentle slopes for outdoor pathways and ramps to entry doors and between floors;

Convenient and attractive access to transit, including porte cocheres, information kiosks, seating areas and water elements;

Security;

Direct ambulance access (senior housing projects);

Parking close to units;

Elevators (senior housing projects).

21.

Multifamily units shall be clustered to minimize grading and to help maintain the natural landscape.

22.

Multifamily projects shall be designed for the needs of the intended residents. For example, children's needs would require open space, tot lots, handrails, and enclosed yards on ground floor units. Disabled or elderly needs would require ramps, parking close to units, minimum and gradual elevation changes and elevators.

23.

Architectural features should be used to increase privacy from nearby units and common or public spaces.

24.

Roof forms should be mixed and combined to vary the perception of building height, to differentiate units and to add interest to building mass. The long, straight roofline of a single gable is not permitted.

25.

A diagram of the complex showing the location of the viewer and the building designations shall be positioned at each visitor entrance of a multiple-family development.

26.

Buildings shall provide for a variety of colors and architectural features to break up the massing of buildings and provide visual interest.

(Ord. 359, 1992; Ord. 386 § 1.13, 1993; Ord. 461 § 1.1, 1995; Ord. 468 §§ 1.4, 1.5, 1995; Ord. 475 § 1.4,, 1995; Ord. 520 § 1.9, 1997; Ord. 604 § 2.3, 2002; Ord. 616 §§ 2.2.1, 2.2.2, 2003; Ord. 694 § 1.1, 2005; Ord. 698 § 3.1(c), 2005; Ord. 726 § 4.3, 2006; Ord. 757 §§ 2.7, 2.7.2, 2008; Ord. 757 §§ 2.7, 2.72, 2008; Ord. 773 § 3, 2008; Ord. 797 §§ 2.4, 2.4.2—4, 2009; Ord. 808 §§ 2.2—2.2.3, 2010; Ord. 826 § 3.2, 2011; Ord. 869 §§ 3.12, 3.13, 2013; Ord. 912 § 13, 2016; Ord. 984 § 3, 2022; Ord. 994 § 6, 2023; Ord. 1005, 12/19/2023)

§ 9.03.050 Density bonus program for affordable housing.

Purpose and Intent. This section is adopted pursuant to the provisions of California Government Code Sections 65915 through 65918, as they now exist or may hereafter be amended. The purpose of adopting this section is to encourage affordable housing by providing the incentive of increased density and such other incentives provided by this section. The provisions of this section are intended to comply with California Government Code Sections 65915 through 65918. In the event that any provision of this section conflicts with California Government Code Sections 65915 through 65918, state law shall control over the conflicting provision.

Applicability. A housing development as defined in this section and Government Code Section 65915 shall be eligible for a density bonus and other incentives that are provided by State Density Bonus Law when the applicant agrees to construct low, very-low, senior or moderate income housing units or units intended to serve transitional foster youth, disabled veterans, and lower income students as specified in this section and State Density Bonus Law.

Application Requirements. A density bonus may be approved pursuant to an application for approval of a density bonus, provided the request complies with the provisions of this section. An application for a density bonus incentive, concession, waiver, or modifications of development standards pursuant to this section, shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the city and shall include at least the following information:

A site plan that identifies all units in the project, including the location of the affordable units and the bonus units.

A narrative briefly describing the housing development and shall include information on:

The number of units permitted under the general plan;

The total number of units proposed in the project, including the floor area, and the number of bedrooms and bathrooms associated with each dwelling unit. Density bonus units shall have at least the same distribution of bedrooms as the market rate units in the development. Density bonus units shall be constructed concurrently with the construction of market rate units;

Target income of affordable housing units and proposals for ensuring affordability;

The number of bonus units requested based on subsection (E)(3) of this section.

Description of any requested incentives, concessions, waivers, or modifications of development standards. For all incentives and concessions that are not included within the menu of incentives/concessions set forth in subsections G and H of this section, the application shall include a pro forma providing evidence that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. The cost of reviewing any required pro forma or other financial data submitted as part of the application in support of a request for an incentive/concession or waiver/modification of developments standard, including, but not limited to, the cost to the city of hiring a consultant to review said financial data, shall be borne by the developer. The pro forma shall include all of the following items:

The actual cost reduction achieved through the incentive;

Evidence that the cost reduction allows the applicant to provide affordable units or affordable sales prices; and

Other information requested by the community development director. The community development director may require that any pro forma include information regarding capital costs, equity investment, debt service, projected revenues, operating expenses, and such other information as is required to evaluate the pro forma.

Any such additional information in support of a request for a density bonus as may be requested by the community development director.

Eligibility for Bonus. A developer of a housing development containing five or more units may qualify for a density bonus and at least one other incentive as provided by this section if the developer does one of the following:

Agrees to construct and maintain at least five percent of the units dedicated to very low-income households;

Agrees to construct and maintain at least 10% of the units dedicated to lower-income households;

Agrees to construct and maintain at least 10% of the units in a common interest development (as defined in Section 4100 of the California Civil Code) dedicated to moderate-income households, provided that all units in the development are offered to the public for purchase;

Agrees to construct and maintain a senior citizen housing development, as defined in Section 9.09.150 of this title, or 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;

Land Donations. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the city in accordance with Government Code Section 65915(g) shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(g);

Includes a qualifying child care facility as described in subsection (J)(2) (child care facility requirements) of this section in addition to providing housing as described in subsections (D)(1) through (3) of this section;

Agrees to construct and maintain at least 10% of the units of a housing development for transitional foster youth, as defined in Section 66025.9 of the California Education Code; disabled veterans, as defined in Section 18541 of the California Government Code; or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.), dedicated to very low-income households;

Agrees to construct and maintain at least 20% of the units for lower-income students in a student housing development dedicated for full-time students at accredited colleges pursuant to the student housing subsection K of this section; or

Agrees to construct and maintain 100% of the units, including total units and density bonus units, but exclusive of a manager's unit or units, dedicated to lower-income households, except that no more than 20% of the units, including total units and density bonus units, may be dedicated to moderate-income households.

Religious institution affiliated housing development projects (RIAHD) may qualify for a density bonus under California Government Code Section 65915. For RIAHD parking requirements, see Section 9.11.040(D).

Density Bonus Calculation and Allowance.

State Law Preemption. Pursuant to state law, the granting of a density bonus or the granting of a density bonus together with an incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, specific plan amendment, rezone, or other discretionary approvals.

Density Bonus Calculation. An applicant must choose a density bonus from only one applicable affordability category and may not combine categories with the exception of child care facilities or land donation, which may be combined with an affordable housing development. All density calculations resulting in fractional units will be rounded up to the next whole number.

Density Bonus Allowance. In calculating the number of units required for very low, lower and moderate-income households, the density bonus units shall not be included. The maximum bonus allowed for a 100% affordable project is 80% unless it is located within one-half mile of a major transit stop, and then there is no limit to density. A housing development that satisfies all applicable provisions of this section shall be allowed the following applicable density bonuses:

Very low income per California Government Code Section 65915(f)(2).

Lower income per California Government Code Section 65915(f)(1).

Moderate income per California Government Code Section 65915(f)(4).

The community development department has on file a density bonus chart consistent with the Government Code sections above.

Senior Citizen Housing Development. The density bonus for a senior citizen housing development is addressed in Section 9.09.150 (Senior citizen housing) of Chapter 9.09 (Specific Use Development Standards).

Child Care Facility. A project (whether a housing, commercial, or industrial project) is eligible for a density bonus for a child care facility when in compliance with this section and California Government Code Section 65917.5.

Conversion of Apartments to Condominiums. A project is eligible for a 25% density bonus for the conversion of apartments to condominiums when in compliance with California Government Code Section 65915.5.

Foster Youth, Disabled Veterans, and Homeless Persons. The density bonus for a housing development for transitional foster youth, disabled veterans, or homeless persons shall be 20%.

Students. The density bonus for a student housing development that provides housing for students consistent with subsection K of this section shall be 35%. Twenty percent of the units granted by the density bonus shall be used for lower income students.

One hundred percent Affordable. The density bonus for a 100% affordable housing development consistent with subsection (D)(9) (Eligible for Bonus) of this section shall be 80% of the number of units for lower income households. Except that if the affordable housing development is located within one-half mile of a major transit stop, maximum density requirements shall not apply.

Continued Affordability. Prior to issuance of a building permit, the developer/property owner must enter into a density bonus housing agreement with the city for at least 55 years by recorded document (Government Code Section 65915(c)). Such agreement shall be recorded and shall be binding on the property owner and any successors-in-interest. In addition, a density bonus project must comply with specific requirements for any existing units that are to be demolished as outlined in subsection Q of this section. Additional details regarding requirements for continued affordability and the density bonus housing agreement are included in subsection P.

Incentives Available to Housing Projects.

Incentives are available to a housing developer as follows:

Number of Incentives/ Concessions	Very Low-Income Percentage	Lower-Income Percentage	Moderate-Income Percentage
1	5%	10%	10%
2	10%	17%	20%
3	15%	24%	30%
4	100% low/very low/mod (20% moderate allowed)	100% low/very low/mod (20% moderate allowed)	100% low/very low/mod (20% moderate allowed)

If the project is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

Available Incentives/Concessions. A qualifying project may be entitled to up to four incentives, depending on the percentage of affordable housing that will be included within the development.

A concession falls within three categories (California Government Code Section 65915(k)(1), (2) and (3)).

Reduction in the site development standards of this development code (e.g., site coverage, off-street parking requirements, reduced lot dimensions, and/or setback requirements);

Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if such uses are compatible with the housing project and the existing or planned development in the area; and/or

Other regulatory incentives or concessions proposed by the developer or the city that will result in identifiable and actual cost reductions.

Additional Incentive/Concession. The developer may receive a 50% reduction of the development impact fee and the park land impact mitigation fee for the units affordable to very low income households and a 25% reduction for those units affordable to lower-income households.

Parking Requirements. If an applicant qualifies for a density bonus pursuant to this section, reduced parking requirements are available for projects qualifying for a density bonus pursuant to this section. The parking requirement is inclusive of accessible and guest parking for the entire housing development, but shall not include on-street parking spaces in the count towards the parking requirement. In calculating the number of parking spaces required for a development, if the total number of parking spaces is other than a whole number, the number shall be rounded up to the next whole number.

Except as otherwise provided in this subsection, the following parking requirements shall apply:

Zero to one bedroom: one on-site parking space.

Two to three bedrooms: one and one-half on-site parking spaces.

Four or more bedrooms: two and one-half on-site parking spaces.

If the housing development includes at least 20% lower income units or at least 11% very low income units, is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then the parking requirement shall be reduced from one-half on-site parking space per bedroom to one-half on-site parking space per unit.

If a housing development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the California Health and Safety Code, then no parking spaces shall be required as long as the development meets either of the following criteria:

The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development; or

The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the California Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

If a housing development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the California Health and Safety Code, and the development is either a special needs housing development, as defined in Section 51312 of the California Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the California Health and Safety Code, then no parking spaces shall be required. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

Number of Bedrooms	Required Parking Spaces per Unit^, *
0 to 1 bedroom	1
2 to 3 bedrooms	1.5
4 or more bedrooms	2.5
Projects with at least 20% low-income units, or at least 11% very low income units***	0.5
100% affordable housing projects ****	No requirement

Notes:
*	If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number.
**	If a residential or mixed residential/commercial development project includes the required percentage of low, very low-income, or includes a minimum 10 percent transitional foster youth, veteran, or homeless persons units, or provides for-rent housing for individuals who are 62 years of age or older, or is a special needs housing development and is located within one-half mile of a major transit stop where there is unobstructed access to a major transit stop from the development, then, upon the request of the developer, a parking ratio not to exceed 0.5 spaces per bedroom shall apply to the residential portion of the development.
***	Must be located within one-half mile of a major transit stop, with unobstructed access to the major transit stop from the development.
****	Must be located within one-half mile of a major transit stop, with unobstructed access to the major transit spot from the development OR for individuals 62 years of age or older and has either paratransit service or unobstructed access within one-half mile, to fixed bus route service that operates at least eight times per day.

Child Care Facilities.

Child Care Facility Density Bonus. When an applicant proposes to construct a housing development that is eligible for a density bonus under subsection D (Eligibility for Bonus) of this section and California Government Code Section 65917.5, and includes a child care facility that will be located on the premises or adjacent to the housing development, the city shall grant either:

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the square footage of the child care facility; or

An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

Child Care Facility Requirements. The city shall require, as a condition of approving the housing development, that the following occur:

The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable per this section; and

Of the children who attend the child care facility, the children of very low-income households, lower-income households or families of moderate-income households shall equal a percentage that is equal to or greater than the percentage of affordable units in the housing development that are required for very low, lower or families of moderate-income households.

Child Care Facility Criteria. The city shall not be required to provide a density bonus or incentive for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

Student Housing.

Student Housing Density Bonus Requirements. In order for a student housing development to be eligible for a density bonus under subsection (D)(8) of this section, the student housing development must meet the following requirements:

All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. The developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions.

Twenty percent of the density bonus units will be used for lower income students. For purposes of this clause, "lower-income students" means students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the California Education Code.

The rent provided in the applicable units of the development for lower-income students shall be calculated at 30% of 65% of the area median income for a single-room occupancy unit type.

The development will provide priority for the applicable affordable units for lower income students experiencing homelessness.

Definition of Units. For purposes of calculating a density bonus granted for a student housing development, the term "unit" means one rental bed and its pro rata share of associated common area facilities.

Shared Housing.

Shared Housing Density Bonus Requirements. In order for a shared housing development to be eligible for a density bonus under subsection (D)(1), (D)(2), (D)(4) or (D)(9) of this section, the shared housing development must meet the following requirements:

Shared-housing building is defined as a residential or mixed-use structure with five or more housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents.

A shared housing building may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25% of the floor area of the shared housing building.

A shared housing building may include incidental commercial uses, provided that those commercial uses are otherwise allowable and are located only on the ground floor or the level of the shared housing building closest to the street or sidewalk of the shared housing building.

A "shared housing unit" means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code.

Shared housing shall permit the same number of families at the same density as allowed in the zoning district where the property is located subject to all applicable codes relating to building, housing, life safety, health and zoning as would be applied to independent living units located in the same structure.

Definition of Units. For purposes of calculating a density bonus granted for a shared housing development, the term "unit" means one shared housing unit and its pro rata share of associated common area facilities.

General Guidelines.

Location of Bonus Units. As required by California Government Code Section 65915(i), the location of density bonus units within the qualifying housing development may be at the discretion of the developer, and need not be in the same area of the project where the units for the lower-income households are located as long as the density bonus units are located within the same housing development.

Preliminary Review. A developer may submit to the community development director a preliminary proposal for the development of housing pursuant to this section prior to the submittal of any formal application for a density bonus. Within 90 days of receipt of a written proposal, the city will notify the housing developer in writing of either: (a) any specific requirements or procedures under this section, which the proposal has not met; or (b) the proposal is sufficient for preparation of an application for density bonus.

Infrastructure and Supply Capacity. Criteria to be considered in analyzing the requested bonus will include the availability and capacity of infrastructure (water, sewer, road capacity, etc.) and water supply to accommodate the additional density.

Findings for Approval for Density Bonus and/or Incentive(s).

Density Bonus Approval. The following finding shall be made by the approving authority in order to approve a density bonus request:

The density bonus request meets the requirements of this section.

Density Bonus Approval with Incentive(s). The following findings shall be made by the approving authority in order to approve a density bonus and incentive(s) request:

The density bonus request meets the requirements of this section;

The incentive is required in order to provide affordable housing; and

Approval of the incentive(s) will have no specific adverse impacts upon health, safety, or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low-, low-, and moderate-income households.

Denial of a Request for an Incentive(s). The approving authority shall make at least one of the following findings prior to disallowing an incentive (in the case where an accompanying density bonus may be approved, or in the case of where an incentive(s) is requested for senior housing or child care facility):

That the incentive is not necessary in order to provide for affordable housing costs as defined in subsection R (Definitions) of this section, or for rents for the targeted units to be set as specified in subsection R (Definitions) of this section.

That the incentive would result in specific adverse impacts upon health, safety, or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low-, low-, and moderate-income households.

That the incentive would be contrary to state or federal law.

Affordability Requirements.

The maximum monthly housing cost for density bonus units, including a monthly allowance for utilities plus rent for rental units or house payments for for-sale units, shall be set at or below the rates described below:

Density bonus units affordable to very low income households: 30% of 50% of the area monthly median income for Riverside/San Bernardino Counties adjusted by the number of bedrooms according to regulations of the California Department of Housing and Community Development.

Density bonus units affordable to lower income households: 30% of 60% of the area monthly median income for Riverside/San Bernardino Counties adjusted by the number of bedrooms according to regulations of the California Department of Housing and Community Development.

The monthly allowance for utilities shall be the utility allowance calculated by the Department of Housing and Urban Development (HUD) for County Housing Authorities.

The monthly house payments for for-sale units described in subsection (O)(1) of this section includes the sum of principal and interest on a 30 year fixed rate mortgage for 90% of the sales price, loan insurance, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, and the fair share cost for maintenance of amenities owned in common such as landscaping and swimming pools.

Housing costs, affordable sales prices, and occupancy requirements, will be governed by a deed restriction which shall take precedence over all other covenants, liens and encumbrances of the property on which the units are constructed.

Affordable Housing Agreement Required.

General Requirements. No density bonus pursuant to this section shall be granted unless and until the affordable housing developer, or designee enters into an affordable housing agreement and, if applicable, an equity sharing agreement, with the city or its designee pursuant to and in compliance with this section (Government Code Section 65915(c)). The agreements shall be in the form provided by the city, which shall contain terms and conditions mandated by, or necessary to implement, state law and this section. The affordable housing agreement shall be recorded prior to issuance of a building permit for a rental project or prior to final map recordation for an ownership project which includes a map. The community development director is hereby authorized to enter into the agreements authorized by this section on behalf of the city upon approval of the agreements by the city attorney for legal form and sufficiency.

Low- or Very Low-Income Affordable Housing Component.

The affordable housing developer of a qualified housing development based upon the inclusion of low-income and/or very low-income affordable units shall enter into an agreement with the city to maintain the continued affordability of the affordable units for 55 years (for rental units) or 30 years (for for-sale units), or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program or rental subsidy program (Government Code Section 65915(c)(1)). The agreement shall establish specific compliance standards and specific remedies available to the city if such compliance standards are not met. The agreement shall specify the number of lower-income affordable units by number of bedrooms; standards for qualifying household incomes or other qualifying criteria, such as age; standards for maximum rents or sales prices; the person responsible for certifying tenant or owner incomes; procedures by which vacancies will be filled and units sold; required annual report and monitoring fees; restrictions imposed on lower-income affordable units on sale or transfer; and methods of enforcing such restrictions, and any other information that may be required based on the city's review.

Rental Units. Rents for the low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to this section shall be set and maintained at an affordable rent (Government Code Section 65915(c)(1)). The agreement shall set rents for the lower-income density bonus units at an affordable rent as defined in California Health and Safety Code Section 50053, except for developments meeting the criteria of Government Code Section 65915(b)(1)(G), for which rents for all units in the development, including both base density and density bonus units, shall be as follows:

The rent for at least 20% of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.

ii.

The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.

The agreement shall require that owner-occupied units be made available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.

For-Sale Units. Owner-occupied low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to this section shall be available at an affordable housing cost (Government Code Section 65915(c)(2)). The affordable housing developer of a qualified housing development based upon a very low- or low-income minimum affordable component shall enter into an equity sharing agreement with the city or the master or non-affordable housing developer. The agreement shall be between the city and the buyer, or between developer and the buyer if the developer is the seller of the unit. The city shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy, as defined in subsection (P)(2)(d)(ii), and its proportionate share of appreciation, as defined in subsection (P)(2)(d)(iii), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.

ii.

For purposes of this section, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the very low-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, the value at the time of the resale shall be used as the initial market value.

iii.

For purposes of this subdivision, the city's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the home at the time of initial sale.

Moderate Income Affordable Housing Component.

The affordable housing developer of a qualified housing development based upon the inclusion of moderate-income affordable units in a common interest development shall enter into an agreement with the city ensuring that:

The initial occupants of the moderate-income affordable units that are directly related to the receipt of the density bonus are persons and families of a moderate-income household.

ii.

The units are offered at an affordable housing cost (Government Code Section 65915(c)(2)).

iii.

The affordable housing developer of a qualified housing development based upon a moderate-income minimum affordable component shall enter into an equity sharing agreement with the city or the master or nonaffordable housing developer (Government Code Section 65915(c)(2)). The agreement shall be between the city and the buyer or between the developer and the buyer if the developer is the seller of the unit. The city shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:

(A)

Upon resale, the seller of the unit shall retain the value of improvements, the down payment and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy, as defined in subsection (P)(3)(a)(iv), and its proportionate share of appreciation, as defined in (P)(3)(a)(v), which amount shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote homeownership (Government Code Section 65915(c)(2)(A)).

iv.

The city's initial subsidy shall be equal to the fair market value of the unit at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, the value at the time of the resale shall be used as the initial market value (Government Code Section 65915(c)(2)(B)).

The city's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the unit at the time of initial sale (Government Code Section 65915(c)(2)(C)).

Ineligible Projects—Required Replacement of Affordable Units.

An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if:

The development is proposed on any property that includes any existing affordable rental dwelling units occupied by lower or very low income households; or

If such affordable dwelling units have been vacated or demolished in the five-year period preceding the application; and

Such affordable dwelling units have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income. However, an applicant may establish eligibility if the proposed housing development replaces those units, and either of the following applies:

The proposed housing development, in addition to the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subsection E of this section,

ii.

Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower- or very-low income household.

The number and type of required replacement units shall be determined as follows:

For a development containing any occupied dwelling units, the development must contain at least the same number of replacement dwelling units, of equivalent size and bedrooms, and must be made affordable to and occupied by persons and families in the same or a lower income category as the occupied dwelling units. For unoccupied dwelling units in the development, the replacement dwelling units shall be made affordable to and occupied by persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household is unknown, it is presumed, unless proven otherwise, that the dwelling units were occupied by lower-income renter households in the same proportion of lower-income renter households to all renter households within Riverside/San Bernardino Counties as determined by the California Department of Housing and Community Development, and replacement dwelling units shall be provided in that same percentage.

If all of the dwelling units are vacant or have been demolished within the five years preceding the application, the development must contain at least the same number of replacement dwelling units, of equivalent size and bedrooms, as existed at the high point of those units in the five-year period preceding the application, and must be made affordable to and occupied by persons and families in the same or a lower income category as those in occupancy at that same time. If the income categories are unknown for the high point, it is presumed, unless proven otherwise, that the dwelling units were occupied by very-low income and low-income renter households in the same proportion of very low-income and low-income renter households to all renter households within Riverside/San Bernardino Counties as determined by the California Department of Housing and Community Development, and replacement dwelling units shall be provided in that same percentage.

Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Approving authority"

is as defined in the Moreno Valley Municipal Code Title 9, Zoning Section 9.02.030.

"Child care facility"

is defined as 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.

"Density bonus"

is defined as an increase in density over the otherwise maximum allowable residential density under the applicable general plan designation as of the date of filing of an application for density bonus with the city or, if elected by the applicant, a lesser percentage of density increase. A density bonus request shall be considered as a component of a qualified housing development.

"Housing development"

is defined as a development project for five or more residential units, including mixed-use developments, constructed within a parcel. For the purposes of this section, "housing development" also includes a subdivision or common interest development as defined in Section 4100 of the Civil Code and consists of residential units or unimproved residential lots. A density bonus shall be permitted in geographic areas of the housing development other than the areas where the affordable units are located, so long as the density bonus units are located on the same parcel.

"Incentive"

is defined as a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission. An incentive can be requested by the applicant for purposes of reducing the cost of development to make the project financially feasible. The term "incentive" includes the term "concession" as that term is used in California Government Code Sections 65915 through 65918.

"Located within one-half mile of a major transit stop"

means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.

"Lower income"

is defined as less than 80% of the area median income, as defined by Section 50079.5 of the California Health and Safety Code.

"Lower income unit"

is defined as a unit with an affordable rent or payment that does not exceed 30% of 60% of area median income adjusted for family size appropriate for the unit.

"Major transit stop"

is defined as a site containing any of the following: (a) an existing rail or bus rapid transit station; (b) a ferry terminal served by either a bus or rail transit service; or (c) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

"Moderate income"

is defined as less than 120% of the area median income, as defined in Section 50093 of the California Health and Safety Code.

"Moderate income unit"

is defined as a unit with an affordable rent or payment that does not exceed 35% of 120% of area median income adjusted for family size appropriate for the unit.

"Unobstructed access to a major transit stop"

means a resident is able to access the major transit stop without encountering natural or constructed impediments. "Natural or constructed impediments" includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include, residential structures, shopping centers, parking lots, or rails used for transit.

"Very low income"

is defined as less than 50% of the area median income, as defined in Section 50105 of the California Health and Safety Code.

"Very low income unit"

is defined as a unit with an affordable rent or payment that does not exceed 30% of 50% of the area median income, adjusted for family size appropriate for the unit.

Interpretation. If any portion of this section conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law.

(Ord. 547 § 1.2, 1999; Ord. 984 § 3, 2022; Ord. 999 § 5, 2023)

§ 9.03.055 Density bonus program for green building and energy efficiency.

Purpose and Intent. The purpose of this section is to provide an incentive for residential housing units that are constructed to green building standards that exceed the requirements of the city's building code, which is a greenhouse gas reduction measure included in the city's Energy Efficiency and Climate Action Strategy.

Applicability. Developers of multifamily residential housing dwelling units in the R10, R15, R20, R30, MUN, MUC, MUI, H-OC, COMU, DC, and SP204-Village Residential zone on sites of at least one acre minimum.

Incentive. Developers may request a density bonus of five percent above the calculated number of units for qualified projects.

Energy Efficiency Requirements. A project must meet the applicability requirement in subsection B. For projects that meet the applicability requirement, the developer may request the incentive in subsection C if the project complies with the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) certification criteria for LEED "Certified" level or higher, or an equivalent green building rating system as approved by the community development director. LEED Certified level represents the minimum level of certification under the USGBC Leadership Energy and Environmental Design rating system, and shall be consistent with the USGBC published criteria on the date the project application to the city is deemed complete.

Implementation.

The total number of dwelling units allowed under a density bonus shall be calculated by multiplying the maximum density allowed under the applicable zoning designation (i.e., the maximum density listed in Table 9.03.040-6 of this title or the applicable specific plan designation), and multiplying the result by 1.05, for a five percent density bonus. If the result, including the density bonus, contains a fraction of a unit, the number of allowable units shall be determined by rounding down to the nearest whole number if the fraction is below one-half. Calculations containing fractions of one-half or above shall be rounded up.

This density bonus shall not be cumulative with any other density bonus program included in this section.

The development standards for density bonus projects shall be those of the applicable zoning classification.

(Ord. 910 § 5, 2016; Ord. 1005, 12/19/2023)

§ 9.03.060 Planned unit developments.

Purposes. The purposes of this section are to encourage:

Greater innovation in housing development and diversity of housing choices than would otherwise be possible according to the strict application of the site development regulations contained in this title;

Conservation or provision of more natural resources, more open space, more cultural resources, more on-site recreational facilities or more attractive freeway boundary conditions than would otherwise be possible according to the strict application of the site development regulations contained in this title;

Installation of stormwater pollution control systems pursuant to an applicable municipal stormwater permit issued by the Regional Water Quality Control Board;

Well-designed mixed-use developments, where such developments are allowed by the zoning regulations; and

Development under the density bonus program for affordable housing pursuant to Section 9.03.050.

Applicability. This section is applicable to residential developments as well as mixed-use developments where a mix of residential and nonresidential uses is allowed by the zoning regulations. This section shall only apply where warranted to advance one or more of the purposes listed in subsection A. This section shall not apply where the proposed deviations from the established site development standards would be inconsistent with the general plan or any applicable specific plan.

Review Process. Each planned unit development shall be subject to a conditional use permit. The appropriate land division application shall be filed concurrently if the land is to be divided.

Official Zoning Atlas. Each planned unit development shall be identified on the official zoning atlas as soon as practical after recordation of any associated final map, or as soon as practical after building final if there is no associated final map.

Minimum Project Area. The minimum area for a planned unit development shall be one acre.

Permitted Uses and Density. Only those uses permitted within the applicable zoning district shall be allowed within any planned unit development. The average density of any planned unit development shall not exceed the number of dwelling units per acre allowed under the applicable zoning district regulations.

Deviations from Site Development Standards. Planned unit developments may deviate from the site development standards set forth in the applicable zoning district regarding lot area, lot dimensions, lot coverage, setbacks and building height. Any such deviation(s) shall be to the minimum degree necessary to achieve one or more of the purposes listed in subsection A.

Conditions of Approval. The project conditions of approval shall establish the design of the planned unit development, including, but not limited to, the following:

The minimum lot area and lot dimensions. Flag lots are discouraged;

The maximum floor area covered by buildings;

The minimum front, side and rear setbacks. The setbacks around the exterior of the planned unit development shall be compatible with any adjacent residential developments;

The height, size, location and design of all proposed buildings, common areas, walls and other improvements; and

The method of maintaining all common areas and improvements.

(Ord. 604 § 2.5, 2002)

§ 9.03.065 Density bonus program for SB330.

Purpose and Intent. Concurrent with the approval of any change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity), a density bonus in the amount of 1.3 units for land currently zoned R10, R15, R20, or R30 shall be assigned up to the amount of residential units impacted by the change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity). This density bonus shall be available to applicants with a planning application for new residential development after the effective date of this section who desire to develop land currently zoned R10, R15, R20, or R30 after the date of approval of the zone change resulting in a less intensive, nonresidential development (or other land use entitlement which will reduce housing capacity).

Authority. Authority for approval of a density bonus under the provisions of this section shall be vested with the planning commission.

Applicability. This density bonus shall be available to developers of multifamily residential housing dwelling units in the R10, R15, R20, and R30 land use districts on properties of at least one-acre minimum.

Incentive. Developers may request a density bonus of 30% above the allowable number of units for up to the amount of residential units that have been impacted by the change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity).

Implementation.

An ordinance for the adoption of a change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity), shall include a determination establishing the existing residential capacity and identifying that these dwelling units will be made available for a residential density bonus pursuant to this section.

The total number of dwelling units allowed under this density bonus shall be calculated by multiplying the maximum density allowed under the applicable zoning designation (i.e., the maximum density listed in Table 9.03.040-6 of this title or the applicable specific plan designation), and multiplying the result by 1.3, for a 30% density bonus up to the amount of residential units impacted by the change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity). If the result, including the density bonus, contains a fraction of a unit, the number of allowable units shall be determined by rounding down to the nearest whole number if the fraction is below one-half. Calculations containing fractions of one-half or above shall be rounded up.

This density bonus may be combined with other density bonus programs included in this chapter but the total density bonus shall not exceed 100%.

The development standards for density bonus projects shall be those of the applicable zoning classification.

The city's planning division shall publish the available number of units on the planning division's page on the city's website.

(Ord. 965 § 4, 2020)

§ 9.03.070 Streamlined ministerial approval process (Senate Bill 35).

Purpose and Intent. This section is adopted pursuant to the provisions of Senate Bill 35 (SB 35), to the extent permissible by law, to establish a streamlined ministerial review and public oversight process for the final review and approval of SB 35 applications pursuant to the requirements in California Government Code Section 65913.4. SB 35 has been designed to help address the state's continuing housing crisis.

Applicability. This section establishes clear eligibility criteria to establish a streamlined ministerial review and public oversight process for the Planning Commission's final review and approval of SB 35 applications pursuant to the requirements in California Government Code Section 65913.4.

Qualifying Requirements.

A developer may submit an application for a development that is subject to the streamlined, ministerial approval process provided by SB 35 and not subject to a conditional use permit or any other discretionary local government review or approval.

The project must be a multifamily housing development project, as defined in California Government Code Section 65589.5 that contains at least two residential units and complies with the minimum and maximum residential density range permitted for the site per the Land Use and Community Character Element of the MoVal 2040 General Plan, plus any applicable density bonus.

Affordability Requirement. If more than 10 residential units are proposed, at least 10% of the project's total units must be dedicated as affordable to households making below 80% of the County of Riverside median income. If the project will contain subsidized units, the applicant has recorded, or is required by law to record, a land use restriction for the following minimum durations, as applicable:

Fifty-five years for rental units.

Forty-five years for homeownership units.

The development proponent shall commit to record a covenant or restriction dedicating the required minimum percentage of units to below-market housing before issuing the first building permit.

The project must be located on a legal parcel or parcels within the incorporated city limits. At least 75% of the site's perimeter must adjoin parcels developed with urban uses.

The project must be located on a site that is either zoned or has a General Plan designation for residential or residential mixed-use development, including sites where residential uses are permitted as conditional use. If the multiple-family housing development is mixed-use, at least two-thirds of the project's square footage must be designated for residential use.

The project must meet all objective zoning and design review standards in effect at the time the application is submitted.

If the project is consistent with the minimum and maximum density range allowed within the General Plan land use designation, it is deemed consistent with housing density standards.

Any density bonus, concessions, incentives, or waivers of development standards or reduction of parking standards requested under Section 9.03.050 (Density bonus program for affordable housing) are deemed consistent with objective standards.

Prevailing Wages. If the development is not in its entirety a public work, as defined in Government Code Section 65913.4 (a)(8)(A), all construction workers employed in the execution of the development must be paid at least the general prevailing rate of per diem wages for the type of work and geographic area.

Skilled and Trained Workforce Provisions. A skilled and trained workforce, as defined in Government Code Section 65913.4(a)(8)(B)iii, must complete the development if the project consists of 50 or more units.

The development did not or does not involve a subdivision of a parcel that is subject to the California Subdivision Map Act unless the development either: (i) receives a low-income housing tax credit and is subject to the requirement that prevailing wages be paid; or (ii) is subject to the requirements to pay prevailing wages and to use a skilled and trained workforce.

10.

The development must be located on a property that is not within a coastal zone, prime farmland, wetlands, a high fire hazard severity zone, hazardous waste site, a delineated earthquake fault zone, a flood plain, a floodway, a community conservation plan area, a habitat for protected species, or under a conservation easement.

11.

The project does not demolish any housing units that tenants have occupied in the last 10 years; are subject to any form of rent or price control, or are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low incomes.

12.

The project does not demolish a historic structure that has been placed on a national, state, or local historic register.

Application and Processing. Development projects submitted pursuant to California Government Code Section 65913.4 shall be reviewed in accordance with the procedures set forth in Subsection (b) of Section 65913.4, as such procedures may be amended from time to time and as further outlined in this chapter.

The development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent (NOI) shall be in the form of an SB 35 Preliminary Application that includes all of the information described in Section 65941.1.

Upon receipt of an NOI, the community development director shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development as required by Section 65913.4(b), as may be amended from time to time.

After completing the NOI to submit an application for streamlined ministerial approval process (also referred to as SB 35 processing) and Tribal Consultation process pursuant to Government Code Section 65913.4, Subsection (b), an applicant may submit an application for streamlined ministerial approval processing to the city. The applicant must submit a building permit application and an SB 35 streamlined ministerial approval process application demonstrating the proposed project's eligibility under California Government Code Section 65913.4. Once an application is submitted, the process set forth in subsections E-H, below, shall be followed.

Community Development Director Determinations.

The community development director shall review the application submitted hereunder and determine if the project is consistent with or conflicts with any of the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project. The community development director's review of the project shall be completed within 60 days of application submittal for projects of 150 or fewer units and 90 days for projects consisting of more than 150 units.

If the city provides written comments as to any conflicts in the objective standards, or requests additional information to make such a determination, then the 60- or 90-day timeline will restart upon submittal of a revised development application in response to such written notice. The city's written comments shall specify the standard or standards with which the development conflicts and shall provide an explanation for the reason or reasons the development conflicts with that standard or standards within the timeframe specified.

If the application can be brought into compliance with minor changes to the proposal, the city, in lieu of making detailed findings, will allow the applicant to correct any deficiencies within the timeframes noted in subsection (E)(2) above.

If the city fails to provide the required documentation determining consistency within these timeframes, the development shall be deemed to satisfy the city's objective planning standards and shall be deemed consistent.

The community development director's determination shall be forwarded to the city's planning commission consideration as part of the ministerial design review/public oversight process as provided for in subsection F below, under California Government Code Section 65913.4(d).

Planning Commission Ministerial Design Review/Public Oversight. The planning commission, at a noticed public meeting, shall undertake ministerial design review and public oversight as provided for in California Government Code Section 65913.4(d). Planning commission review shall include a review of the community development director's determination as outlined in subsection E above. Furthermore, the planning commission's review under this process shall be objective and strictly focused on the project's compliance with the criteria required for a streamlined project pursuant to the California Government Code Section 65913.4 and consistency with city reasonable objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project, which have been adopted prior to the submittal of the application to the city and apply to other developments within the city.

The Planning Commission's review and a final determination on whether an application complies with the criteria under California Government Code Section 65913.4 and the reasonable objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project must be completed in 90 days for projects with 150 or fewer units and 180 days for projects with more than 150 units, measured from the date of the application submittal.

The Planning Commission's ministerial review and public oversight process shall not in any way inhibit, chill, or preclude the ministerial approval of the project if it is in compliance with criteria specified in Government Code Section 65913.4 and consistent with the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project.

Submission of Application and Payment of Fees. Development projects submitted pursuant to California Government Code Section 65913.4 must include a copy of the City's City SB 35 Checklist Application as well as required documents for a plot plan application. Payment of application fees are due at time of submittal.

Public Hearing. The public hearing on an application hereunder shall be scheduled within the time frames provided for in subsection F above.

Modification. An applicant can request modification of approval after ministerial review and approval but prior to issuance of a final building permit pursuant to California Government Code Section 65914.3, subsection (g). If the modification request falls within the parameters in Section 65913.4, subsection (g), (3) (A) or (B) 1, then such modification shall be subject to review pursuant to subsections E-H above. Otherwise, the modification shall be reviewed by the community development director to confirm compliance with California Government Code Section 65913.4.

Parking. A qualifying SB 35 project is required to provide one parking space per residential unit. Furthermore, the city shall not impose any parking requirements for qualifying projects if any of the following instances are present:

The development is located within one-half mile of the transit.

The development is located within an architecturally and historically significant historic district.

When on-street parking permits are required but not offered to the development's occupants.

When there is a car share vehicle located within one block of the development. A block can be up to 1,000 linear feet of pedestrian travel along a public street from the development.

Mixed-use projects must provide parking for the commercial component of the development as required by Section 9.11.040 (Off-street parking requirements).

The expiration dates for projects approved under SB 35 are as follows [Govt Code Section 65913.4(f)(2)]:

No expiration: Projects where 50% of the units are affordable to households making below 80% of the area median income (below moderate-income levels) and the project includes public investment in housing affordability beyond tax credits.

After three years: Projects not including affordable housing are noted in the bullet above. Projects shall remain valid for three years and stay in effect as long as construction has begun and not ceased for more than 180 days. A one-year extension to the original three-year period may be granted if progress is made toward construction.

Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Application"

means a submission requesting Streamlined Ministerial Approval pursuant to Government Code Section 65913.4 and the Guidelines, which contain information pursuant to Section 300(b) describing the development's compliance with the criteria outlined in Article IV of the Guidelines.

"Guidelines"

shall mean the Updated Streamlined Ministerial Approval Process issued by the California Department of Housing and Community Development, as updated March 30, 2021, and as may be updated in the future.

"Ministerial approval"

means approval of a project that complies with requirements and guidelines as set forth in Government Code Section 65913.4 that is non-discretionary and cannot require a conditional use permit or other discretionary local government review or approval.

"Ministerial processing"

means a process for development approval involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely ensures that the proposed development meets all the "objective zoning standards," "objective subdivision standards," and "objective design review standards" in effect at the time that the application is submitted to the local government but uses no special discretion or judgment in reaching a decision.

"Objective zoning standard", "objective subdivision standard", and "objective design review standard"

means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant or development proponent and the public official prior to submittal, and includes only such standards as are published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application.

"Urban uses"

means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. Parcels that are only separated by a street or highway shall be considered adjoined.

(Ord. 1005, 12/19/2023)

§ 9.03.080 Streamlined ministerial approval process (Senate Bills 330 and 8).

Purpose and Intent. This section is adopted pursuant to the provisions of Senate Bill 330 (SB 330), Housing Crisis Act of 2019 (HCA), and Senate Bill (SB 8), which is an extension of the HCA. The HCA aims to increase residential unit development, protect existing housing inventory, and expedite permit processing.

Applicability. This section establishes clear eligibility criteria to establish a streamlined review and approval of SB 330 applications pursuant to the requirements in California Government Code Sections 65589.5, 65905.5, 65913.10, 65940, 65941.1, 65943, 65950, 66300, and 66301.

Qualifying Requirements.

The project must be a housing development project, as defined in California Government Code Section 65589.5(h)(2)(B). Specifically, pursuant to Government Code Section 65589.5(h)(2)(B) a project is a housing development project if:

Residential projects, excluding hotels, assisted living or other commercial dwelling units. Single-family, ADUs and/or JADUs are excluded from dwelling unit count;

Mixed-use development consisting of residential and nonresidential uses with at least two-thirds of the square footage of the project designated for residential use (not including hotels, assisted living or other commercial dwelling units); or

The project is a transitional or supportive housing development project.

The HCA does not apply to housing development projects located within a very high fire hazard severity zone.

The project must meet all objective zoning and design review standards in effect at the time the application is submitted.

If the project is consistent with the minimum and maximum density range allowed within the General Plan land use designation, it is deemed consistent with housing density standards.

The city may not approve a housing development project that requires the demolition or removal of a protected unit before January 1, 2030, unless the project will replace any existing, demolished or removed protected units. "Protected units" are defined as:

Affordable units deed-restricted to households earning below 80% of area median income (AMI).

Occupied by low-income households earning below 80% of AMI.

Units vacated under the Ellis Act within 10 years prior to development application.

Application and Processing.

Project applicants choosing to seek vesting rights through a SB 330 Preliminary Application are encouraged to schedule a preliminary project discussion with planning division staff to assess eligibility before submitting a Preliminary Application for the SB 330 review process.

The SB 330 Preliminary Application must be filed with the planning division prior to filing a project application requesting approval of any discretionary action.

In order for a housing development project to receive initial vesting rights, a preliminary application must include all of the information required on the SB 330 Preliminary Application consistent with subdivision (a) of California Government Code Section 65941.1 and upon verification that the preliminary application processing fee is paid.

The SB 330 Preliminary Application shall be accompanied by any maps and supporting documents, including a site plan, floor plans, elevations, exterior material details and colors, and any other drawings that are required by this application.

A subsequent project application filed with the planning division requesting approval of a discretionary action (not including ministerial administrative reviews) must be filed within 180 days of the date that the SB 330 Preliminary Application is deemed complete.

If the project application is deemed incomplete or inconsistent after filing, the city shall provide the applicant in writing with a detailed explanation of the reason within 30 days (if 150 units or fewer) or 60 days (if 151 units or more). The applicant must submit all missing or incomplete items to the planning division within 90 days of being notified in writing by planning division staff. If the project is again determined to be incomplete, the project applicant may appeal. The city has 60 days to respond to appeal.

Construction of the project must commence within two and one-half years following the date that the project receives final approval, including all necessary approvals to be eligible to apply for, and obtain a building permit or permits and all appeal periods or statutes of limitations have been exhausted or resolved in favor of the housing development project.

Any change in the residential unit count is limited to less than 20% exclusive of any increase resulting from the receipt of a density bonus, concession, waiver, or similar provision-indicated on the submitted and deemed complete SB 330 Preliminary Application, otherwise the project must be resubmitted.

Any change in the building area is limited to less than 20% exclusive of any increase resulting from receiving a density bonus, concession, waiver, or similar provision indicated on the submitted and deemed-complete SB 330 Preliminary Application, otherwise the project must be resubmitted.

10.

If the project submitted for a building permit differs substantially from the original submission (more than 20% in unit count or square footage), the planning division will re-certify the project for eligibility and re-review the project's design, restarting the timeline and requiring resubmittal of the SB 330 Preliminary Application.

Public Hearings. SB 330 prevents jurisdictions from conducting more than five public hearings in connection with the approval of a housing development project that meets objective zoning standards. The definition of "hearing" found in California Government Code Section 65905.5 includes required planning commission, city council, or other board, committee, or commission hearing or public workshop as well as any appeal hearing.

Meetings held solely pursuant to CEQA law, including CEQA appeals, are not counted toward the number of hearings.

(Ord. 1005, 12/19/2023)