The purpose of the housing element implementation overlay zone (HEIOZ) is to achieve the following:
A. 
Facilitate housing production on certain sites that the city identified for housing pursuant to the Sites Inventory (Appendix C) in the 2021-2029 Housing Element, as may be amended from time to time;
B. 
Provide regulations for development of housing on sites within the HEIOZ as specified in this chapter;
C. 
Provide a process whereby projects in the HEIOZ that contribute toward meeting the city's needs for lower income housing as specified in this chapter receive ministerial review.
(Ord. 513-U § 13, 2023; Ord. 515 § 12, 2023)
The HEIOZ shall apply to certain properties as specified on the city's zoning map in accordance with Section 11.21.010, which the city identified for housing pursuant to the Sites Inventory (Appendix C) in the 2021-2029 Housing Element (as may be amended from time to time). These include:
A. 
R-3 multifamily zone (R-3);
B. 
Mixed-use zone (MU);
C. 
Public/semi-public zone (P/SP);
D. 
See the Downtown Village Specific Plan regarding sites identified in Appendix C that are within the Downtown Village Specific Plan.
Any development not meeting the purpose and standards set forth in this chapter shall be subject to the requirements otherwise applicable in the underlying zone.
(Ord. 513-U § 13, 2023; Ord. 515 § 12, 2023)
The following definitions shall apply to this chapter only:
"A ministerial action"
is an action in which the following apply:
1. 
The city shall not require a conditional use permit, planned unit development permit, or other discretionary permit of any kind. The project will not require a discretionary permit and thus will not be subject to review under the California Environmental Quality Act.
2. 
The city shall not exercise any subjective judgment in deciding whether and how to carry out or approve the project. The decision-making authority shall apply property development standards and objective design review standards applicable to this HEIOZ and all other applicable non-discretionary standards and regulations, which shall be identified along with the decision letter issued for the project.
3. 
The project shall not be subject to a public hearing and the city shall not impose any notice requirements on the project. There shall be no right of appeal.
"Senior citizen"
means a person 62 years of age or older, or 55 years of age or older residing in a senior citizen housing development as defined in California Civil Code Section 51.3.
"Senior citizen multifamily residential"
means an age-restricted multifamily residential development, or the residential portion of a mixed-use development, which is developed, designed, or substantially rehabilitated or renovated for and intended to be principally occupied by senior citizens (i.e., a person 62 years of age or older, or 55 years of age or older living independently in a senior citizen housing development), where care is not provided, and each dwelling unit has individual living, sleeping, bathing, and kitchen facilities. The development may include common facilities (for example, recreation areas) and a congregate meals program in a common dining area. The age restriction shall be by covenant, deed restriction, or similar instrument.
"Sites Inventory"
means Appendix C, Table C-1: 2021-2029 Sites Inventory, in the 2021-2029 Housing Element. If the 2021-2029 Sites Inventory is amended from time to time, this chapter shall apply to the amended Sites Inventory as applicable.
(Ord. 513-U § 13, 2023; Ord. 515 § 12, 2023)
The following uses are permitted on sites in the HEIOZ:
A. 
In the R-3 (multifamily) zone:
1. 
All uses as provided for in the underlying zone, except that new single-family residences shall be prohibited; and
2. 
Multifamily development in accordance with this chapter is permitted.
B. 
In the MU (mixed-use) zone:
1. 
All uses as provided for in the underlying zone;
2. 
Stand-alone multifamily development in accordance with this chapter.
C. 
In the P/SP (public/semi-public) zone:
1. 
All uses as provided for in the underlying zone; and
2. 
Multifamily residential development on religious facility sites, provided that:
a. 
At least 15% of units are affordable to extremely low (zero to 30% of Area Median Income), lower (below 80% of Area Median Income) and/or moderate income (81 to 120% of Area Median Income) households,
b. 
The underlying property must be owned and operated by the religious facility, and
c. 
A minimum of ten percent of the area of the site must be operated by the religious facility.
(Ord. 513-U § 13, 2023; Ord. 515 § 12, 2023)
The following standards in Table 11.21.1 shall apply to all lots within the city that are identified with the HEIOZ. Primary and accessory structures shall meet the same development standards unless otherwise specified by this zoning code, except as provided herein.
Table 11.21.1 HEIOZ Development Standards by Zone
Development Feature
R-3
MU
P/SP
Density (Minimum to Maximum)1
25-30
25-30
25-302
Maximum Height3,4 – Primary Structure(s)
35′
35′
35′
Maximum Height – Accessory Structure(s)
15′
15′
15′
Minimum Setbacks5
 
 
 
• Front:
5′ average from the front property line for the ground floor and second floor, and an average of 10′ for the third floor
5′ average from the front property line for the ground floor and second floor, and an average of 10′ for the third floor
5′ average from the front property line for the ground floor and second floor, and an average of 10′ for the third floor
• Rear6,7
5′, or 15′ when adjoining an R-1 zone
5′, or 15′ when adjoining an R-1 zone
5′, or 15′ when adjoining an R-1 zone
• Interior Side:
zero feet, or 15′ or the ground floor and second floor, and 20′ feet for the third floor when adjoining an R-1 zone8
zero feet, or 15′ feet or the ground floor and second floor, and 20′ feet for the third floor when adjoining an R-1 zone8
zero feet, or 15′ feet or the ground floor and second floor, and 20′ feet for the third floor when adjoining an R-1 zone8
• Exterior Side (Corner):
5′ average for the ground floor and second floor, and an average of 10′ for the third floor
5′ average for the ground floor and second floor, and an average of 10′ for the third floor
5′ average for the ground floor and second floor, and an average of 10′ for the third floor
Maximum Lot Coverage
80%
80%
80%
Minimum Open Space
 
 
 
• Common Open Space
150 sq ft/du9
150 sq ft/du9
150 sq ft/du9,10
Minimum Parking11,12,13
 
 
 
• Resident Parking:
 
 
 
o 0-1 bedroom/du
1 space/du
1 space/du
1 space/du
o 2 or more bedrooms/du
2 spaces/du
2 spaces/du
2 space/du
• Senior Citizen Multifamily Residential Parking:
 
 
 
o 0 bedroom/du
0.5 space/du
0.5 space/du
0.5 space/du
o 1 or more bedrooms/du
1 space/du
1 space/du
1 space/du
• Guest Residential Parking14
0.25 space/du
0.25 space/du
0.25 space/du
• Off-Street Loading15
1 space
1 space
1 space
• Bicycle Parking
1 space/du
1 space/du
1 space/du
Accessory Dwelling Units
See Ch. 11.33 (Accessory Dwelling Units) for standards
 
 
Notes:
1
Density bonus projects shall be allowed in accordance with Chapter 11.19 (Affordable Housing Density Bonus) and as otherwise provided for in California Density Bonus Law (Government Code Sections 65915, et seq.)
2
Residential density on a religious institution site shall be calculated based on the size of the area developed for multifamily residential use, including parking, landscaping, open space, etc., as identified on the site or plot plan required in Section 11.21.070(B).
3
For any building or building segment located within 50 feet of a street right-of-way, building height shall not exceed 35 feet, measured from the curb elevation adjacent the building or building segment to the highest point of the building or building segment. Where a lot has frontage on two or more streets, height shall be measured in relation to the lowest curb elevation adjacent to the building or building segment. For any building or building segment located in excess of 50 feet from a street right-of-way, no portion of a building or building segment shall exceed 35 feet by more than 20%. For purposes of this requirement, height shall be measured from the existing grade or adjacent finished grade, whichever is lower, to the highest point of the building or building segment. To determine compliance with this section, the community development director may require applicants to submit a topographic survey of the project site, and, if necessary, portions of adjacent sites, prepared by a licensed surveyor or licensed civil engineer, depicting existing contours and the contours of finished grade, if different from existing grade, at elevation change intervals no greater than five feet. Survey measurements also shall indicate the elevations of adjoining curbs or street pavements if no curb exists.
4
Appurtenances may exceed the height limit up to 15 feet for up to 20% of total roof area. For the purposes of this chapter, appurtenances are defined as: a tower, spire, cupola, dome, chimney, mechanical equipment, elevator tower, stairwell, pool equipment, fire equipment, ventilating fans, water tanks, cooling towers, solar panels or the structure to support solar equipment in compliance with state law, guard rails required by the building code for rooftop decks or terraces, permanent trellises and shade structures on rooftop decks or terraces, or other features determined by the director of community development to be similar.
5
All properties abutting properties which are zoned R-1 are subject at those zone boundaries to the municipal code regarding maximum building bulk (angle plane).
6
Any project abutting an R-1 zone shall comply with R-1 building bulk limits along the common boundary.
7
In any case, a ground-level porch, uncovered or covered and open on three sides, may encroach into the front, side, corner side and reverse corner side setbacks by up to 50% of the required setback.
8
For accessory buildings adjoining commercial properties, this setback may be reduced to a minimum five-foot landscaped strip.
9
Any common open space provided to meet the required common open space standard shall comply with the following requirements:
 
a.
Must be designed and used for active or passive recreational purposes.
 
b.
Must be easily accessible to all residents within the project.
 
c.
Shall not include parking or vehicle circulation areas.
 
d.
Shall have a minimum level surface dimension of ten feet.
 
e.
A community garden may provide up to 20% of the total required common open space.
 
f.
Rooftop decks and terraces may be used to satisfy this requirement.
10
Open space on the religious facility portion of the site that is made available to the residential portion of the development (via a development agreement or other similar instrument) may be counted toward up to 50% of the required open space for the residential portion.
11
The minimum number of parking spaces provided may be reduced for affordable housing units in accordance with Chapter 11.19 (Affordable Housing Density Bonus) and as otherwise provided for in California Density Bonus Law (Government Code Section 65915, et seq.) or as otherwise provided for by Government Code, or under other appropriate circumstances when written evidence justifying the reduction is provided and approved by the decisionmaker.
12
Parking spaces shall not be permitted in front or side setbacks.
13
When multifamily residential development is constructed on a religious facility site, parking may be shared between the religious and residential uses as permitted in Government Code Section 65913.6.
14
Required parking spaces for nonresidential uses can contribute up to 50% of the required number of guest parking spaces for the residential use.
15
A minimum of one off-street loading space shall be provided to ensure adequate area to accommodate loading and unloading for moving trucks, delivery vehicles, ride-sharing vehicle pick up and drop off, and other similar activities, consistent with the size of the development, to the satisfaction of the director of community development. Such space(s), whether provided inside or outside a building, shall be in addition to the number of parking spaces otherwise required in this chapter. The off-street loading space(s) shall be designed so as not to impede normal vehicular and pedestrian circulation.
(Ord. 513-U § 13, 2023; Ord. 515 § 12, 2023)
A. 
Landscaping. The standards for landscaping are as follows:
1. 
Use. All areas not occupied by structures, vehicular access ways and parking areas, pedestrian walkways, and paved, covered, or otherwise developed recreational facilities shall have landscaping as provided by this subsection; except that 50% of an off-street loading space required in Section 11.13.050(E) in the Old Town District that utilizes grasscrete for the entire loading area may count 50% of that loading area toward the landscaping requirement of this subsection.
2. 
Maintenance. All landscaped areas shall be permanently maintained with proper care, weeding, pruning, and irrigation. Plants shall be replaced as necessary to maintain conformance with approved landscaping plans.
3. 
Street Trees. Street trees shall be provided and continuously maintained by the property owner. Street trees shall be selected and located in accordance with the city's standards for street trees, as maintained by the director of public works.
4. 
On-Site Trees. Any removal or pruning of existing trees shall conform to the requirements of the city's tree preservation ordinance (adopted by Ordinance No. 178 and any successor thereto).
5. 
Landscape Buffer.
a. 
In the West Gateway, The Link, and Michigan Hill Districts, a minimum five-foot landscaped buffer shall be provided between any uncovered parking space and the property line.
b. 
In the Old Town District, a landscaped buffer shall be provided between any uncovered parking space and the property line to the extent possible, as determined by the director, but shall not be required to be less than two feet or more than five feet.
6. 
All landscaped areas adjacent to parking, circulation and vehicle storage areas shall be enclosed by a raised six-inch concrete curb or low wall. The concrete curb may include cut-outs as part of the design required for bioswales and bioretention basins. The director of community development may waive this requirement when the landscaped areas are designed in accordance with an integrated, comprehensive low impact development parking lot design.
B. 
Storage of Building Materials and Equipment. In any building project, during construction and for 30 days thereafter, property in the project may be used for the storage of building materials and equipment used in the construction of the building project and for the contractor's temporary office, subject to approval of the director of community development.
C. 
Storage of Recreational Vehicles. The storage of recreation vehicles within any multifamily project shall be prohibited.
D. 
Signage. Any signage for the project shall conform to the requirements of the city's sign ordinance, Chapter 11.37.
E. 
Equipment and Utilities. Equipment and utilities for all developments other than single-family residences shall meet the following standards:
1. 
Ground-oriented building service equipment, including, but not limited to, air conditioning and heating units, utility connections, and service areas, shall not be visible from public right-of-way. However, such equipment shall be located for easily accessible service and located or screened to minimize noise offensive to the occupants and to neighboring properties.
2. 
Roof-mounted mechanical equipment shall be prohibited, unless completely screened through use of a parapet or structural component integral to the architectural design of the development.
3. 
Exterior wall-mounted equipment and utility meters shall not be visible from the public right-of-way.
4. 
All utility service controls and equipment, including, but not limited to, electrical, communication and cable television lines installed for the purpose of supplying service to any new construction within the city shall be installed underground on the property to be served and from the property to be served to the point of connection with the utility's distribution facilities in accordance with the rules approved by the public utilities commission of the state.
F. 
Refuse Area. All multifamily developments, including those in a MU or P/SP zone, shall provide one or more screened refuse area(s) with trash enclosure(s) in accessible locations and of sufficient size to accommodate the intensity of use, and to accommodate recycling containers in addition to general refuse or trash collection. Trash enclosures and refuse areas shall meet minimum standards, as follows:
1. 
All refuse/recycling storage areas must be accessible for trash pick-up method used, and shall be enclosed by screening materials compatible with the project.
2. 
The area upon which trash bins or receptacles are stored and the access or pathway over which the bins or receptacles are moved for collection purposes shall be composed of a smooth, flat material such as concrete.
3. 
Each refuse/recycling area shall be provided with a water line and drain for cleaning purposes, and self-closing solid gate.
4. 
Refuse/recycling storage areas shall be screened by a trash enclosure wall constructed to a width, depth and height adequate to accommodate the number of trash bins or receptacles needed. Such enclosure walls shall be constructed of decorative blocks or other nonflammable material consistent in design, quality and color with the building(s) serviced by the area.
G. 
Exterior lighting devices for multifamily project parking lots and pedestrian walkways and entries, including multifamily developments in a MU or P/SP zone, shall:
1. 
Provide adequate lighting for safe nighttime residential access;
2. 
Eliminate excessive lighting and glare, and prevent spillover onto adjacent properties; and
3. 
Utilize automatic timers for energy conservation.
H. 
The city reserves the right to be a party to any covenants, conditions, restrictions, or other similar legal contract.
(Ord. 513-U § 13, 2023; Ord. 515 § 12, 2023)
A. 
Submittal Requirements. In addition to all materials required by the city's subdivision, building, and grading regulations and environmental review procedures applicable to projects falling within the scope of this chapter, submittal of the following application materials shall be required for all projects provided for herein. The items listed in subsections (A)(1) through (3) of this section may be combined on one or more drawings as prescribed by the director.
1. 
A site or plot plan, drawn to a scale prescribed by the city, but not less than a scale of one inch equals 100 feet, reflecting the proposed project, including representations of property lines and all recorded and proposed easements and public rights-of-way;
2. 
A topographical map of the project site and all adjacent development located within 75 feet of the project's proposed boundaries. This map shall be drawn to the same scale as the site plan required in subsection (A)(1) above, with a maximum contour interval of ten feet, or less as prescribed by the director. The average slope of the property shall be identified on this map, calculated by the following formula:
S
=
0.002296 x I x L
A
Where S = Average percent slope
I = Contour interval in feet
L = Summation of length of all contours in feet
A = Area in acres of project being considered
3. 
A complete grading plan for the project, drawn to the same scale as prescribed above, unless no grading requiring a permit is proposed. A tabulation of the areas within each gradient category may be required as prescribed by the director;
4. 
A landscaping plan which shall accurately show:
a. 
Existing trees on the project site with a trunk diameter of two inches or greater at a height of four feet above grade, and/or having a vertical height from the ground level to treetop level of five feet or greater,
b. 
Species of all such trees and their appropriate trunk diameter, height and condition,
c. 
Final disposition of all existing trees,
d. 
The type and extent of proposed vegetation, including provisions for ongoing maintenance and irrigation thereof,
e. 
Mix and percentage of lot area used for landscaping and open space. Parking and vehicle circulation areas shall not be included in such calculations, and
f. 
Evidence of slope stability through vegetation of created slopes.
g. 
This landscaping plan shall be drawn to or keyed to a master map at the same scale as is prescribed for the application materials required by subsection (A)(1) above, and shall be completed by a professional landscape architect registered with the state of California;
5. 
A lighting plan showing the location, height, approximate brightness and style of all exterior lighting for the project;
6. 
Elevation drawings at a scale of at least one-eighth inch equals one foot zero inches, with materials, colors, finishes and critical vertical dimensions clearly indicated. As deemed appropriate by the director or designee, proposed and existing-to-remain landscaping at maturity shall be shown in a manner that allows full visibility of building elevations beyond. Indication of nearby structures or features off site shall also be shown where deemed appropriate by the director or designee.
7. 
Photographs of the site and its surroundings as prescribed by the director. Normally, such photos would include views of the site and properties adjacent for a distance of 300 feet from each end of the principal street frontage, as well as properties opposite the subject and adjacent properties. Photos should be mounted color prints, spliced from continuous views along the principal street(s), with a key map provided indicating relationship of views to parcels, streets and features;
8. 
Color chips including reflectance values (LRVs) and keyed to elevation drawings;
9. 
A completed residential development application;
10. 
On sites with an average slope of 15% or greater, the applicant shall submit a hydrology report which shall include, but not be limited to:
a. 
The hydrologic conditions on the site,
b. 
Possible flood inundation,
c. 
Downstream flood hazards,
d. 
Natural drainage courses,
e. 
Analysis of the project, including its septic system, in relation to Regional Water Quality Control Board standards,
f. 
Design criteria to mitigate any identified hydrologic hazards consistent with applicable regulations,
g. 
Account of all runoff and debris from tributary areas,
h. 
Consideration for each lot or dwelling unit site in a proposed development project,
i. 
Runoff and debris amounts computed using the Los Angeles County flood control district criteria, and
j. 
A concluding statement evaluating the impact of the project on slope stability, water quality, and downstream drainage.
This investigation and report shall be completed by a professional civil engineer experienced in the science of hydrology and hydrologic investigation and who is registered with the state of California;
11. 
Where alteration to existing topography is proposed:
a. 
A soils engineering report which shall contain, but not be limited to:
i. 
Data regarding the nature, distribution and strengths of existing soils,
ii. 
Relationship of soil characteristics to drainage related to lot coverage and landscaping/irrigation design,
iii. 
Conclusions and recommendations for grading procedures,
iv. 
Design criteria for any identified corrective measures, and
v. 
A concluding statement evaluating the impact of the project on slope stability.
This investigation and report shall be performed by a professional soils engineer who is experienced in the practice of soil mechanics and who is registered with the state of California,
b. 
A geology report which shall include, but not be limited to:
i. 
The surface and sub-surface geology of the site,
ii. 
Strike angle of bedrock strata,
iii. 
Degree of seismic hazard,
iv. 
Conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and
v. 
A concluding statement evaluating the impact of the project on slope stability;
12. 
Cross sections of the site and nearby affected areas as prescribed by the director, showing all buildings, fences, walls and landscaping at mature height anticipated under the planting conditions on site;
13. 
Recommended for complete understanding of the proposal where appropriate, a three-dimensional scale model of the project site, onsite erection of a full-size mockup (either balloons denoting building corners or a story pole frame), perspective views, building plans or such other graphic information which in the director's judgment would aid in the city's review of the project. All graphic information shall be drawn to such scale as prescribed by the director;
14. 
Where the impact of noncompliance with specified guidelines and/or standards of this chapter cannot be determined by the city following public review, the applicant will be required to provide alternative project plans which are in conformance with said guidelines and standards for the purpose of comparative evaluation.
B. 
Waiver of Requirement for Application Materials. The requirement to submit any or all of the materials enumerated above may be waived by the director, under any of the following conditions:
1. 
The materials are not applicable to the scope of the project and not pertinent to any of the findings contained in this section;
2. 
The existence of reports covering the same subject matter on the same site;
3. 
Inclusion of any or all of the above reports as part of an environmental impact report or negative declaration, if either is required or has been satisfactorily completed for the proposal on the site;
4. 
The existence of a report as described in subsection (A)(10) of this section, previously prepared for a site or area adjacent to the project site, if the project site and such adjacent site or area may reasonably be expected to possess similar characteristics relative to the development issues addressed by this chapter.
(Ord. 513-U § 13, 2023; Ord. 515 § 12, 2023)
Project evaluation for multifamily developments proposed in accordance with the provisions of this chapter receive ministerial review.
(Ord. 513-U § 13, 2023; Ord. 515 § 12, 2023)
Reasonable fees may be imposed by resolution of the city council for review of project applications as provided for in this code.
(Ord. 513-U § 13, 2023; Ord. 515 § 12, 2023)