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)
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.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
L. 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)
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)
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.
A. Rural Residential Requirements.
1. 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.
a.
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
|
b.
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.
c.
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).
2. 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.
3. Subdivision Design and Future Land Divisions.
a.
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.
b.
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.
4. 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.
5. 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
|
6. Grading within the rural residential district shall be performed
as described under the hillside residential requirements, subsection
(B)(6) of this section.
B. Hillside Residential Requirements.
1. 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.
a.
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
|
b.
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.
c.
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).
2. 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.
3. Subdivision Design and Future Land Divisions.
a.
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.
b.
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.
4. 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.
5. 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
|
---|
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
|
6. 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.
|
C. Slope Calculations. For the purposes of this section, the following
method will be used to determine slope.
1. "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.
2.
a.
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.
b.
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.
3. Slope Mapping Method.
a.
The percent slope of any particular piece of land shall be plotted
on the map as described in this subsection.
b.
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.
D. 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.
|
E. Special Single-Family Residential Development Standards.
1. 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.
2. 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.
3. In the RS10 district, driveways and fire hydrants shall be designed
and located to maximize on-street parking opportunities in front of
each residence.
4. 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:
b.
Automatic garage door openers;
c.
Electronic security systems.
5. 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.
6. 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.
7. 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.
8. 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.
F. Special Multiple-Family Residential Development Standards.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Parking for each use shall comply with the requirements of Chapter
9.11 of this title.
8. 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.
9. 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.
|
G. General Multiple-Family Guidelines.
1. Opposing garages or carports should be turned to avoid the monotony
of alley-like parking corridors.
2. Parking areas should be staggered and landscaped to add visual interest,
and opportunities for accent treatments.
3. Parking spaces within multifamily areas shall be located within 250
feet of the dwellings they serve.
4. 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.
5. Open parking areas should be clustered and treated as landscaped
plazas and courts.
6. 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.
7. No more than four units for a two-story structure should be served
by one entry.
8. 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.
9. 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:
a.
Intimate, shaded outdoor seating areas;
b.
A network of pathways, providing interesting walking experiences;
c.
Gentle slopes for outdoor pathways and ramps to entry doors
and between floors;
d.
Convenient and attractive access to transit, including porte
cocheres, information kiosks, seating areas and water elements;
f.
Direct ambulance access (senior housing projects);
h.
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; Ord. 1013, 6/25/2024)
A. 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.
B. 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.
C. 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:
1. A site plan that identifies all units in the project, including the
location of the affordable units and the bonus units.
2. A narrative briefly describing the housing development and shall
include information on:
a.
The number of units permitted under the general plan;
b.
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;
c.
Target income of affordable housing units and proposals for
ensuring affordability;
d.
The number of bonus units requested based on subsection (E)(3)
of this section.
3. 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:
a.
The actual cost reduction achieved through the incentive;
b.
Evidence that the cost reduction allows the applicant to provide
affordable units or affordable sales prices; and
c.
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.
4. Any such additional information in support of a request for a density
bonus as may be requested by the community development director.
D. 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:
1. Agrees to construct and maintain at least five percent of the units
dedicated to very low-income households;
2. Agrees to construct and maintain at least 10% of the units dedicated
to lower-income households;
3. 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;
4. 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;
5. 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);
6. 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;
7. 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;
8. 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
9. 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).
E. Density Bonus Calculation and Allowance.
1. 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.
2. 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.
3. 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:
4. 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).
5. 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.
6. 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.
7. 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%.
8. 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.
9. One Hundred Percent Affordable. The density bonus for a 100% affordable
housing development consistent with subsection (D)(9) (Eligibility
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.
F. 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.
G. Incentives Available to Housing Projects. Incentives are available
to a housing developments are 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
|
16%
|
26%
|
45% (for sale units)
|
54
|
100% low/very low/mod
(20% moderate allowed)*
|
100% low/very low/mod
(20% moderate allowed)*
|
100% low/very low/mod
(20% moderate allowed)*
|
Note: 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.
|
H. 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.
1. A concession falls within three categories (California Government
Code Section 65915(k)(1), (2)and (3)).
a.
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);
b.
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
c.
Other regulatory incentives or concessions proposed by the developer
or the city that will result in identifiable and actual cost reductions.
2. 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.
I. 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.
1. Except as otherwise provided in this subsection, the following parking
requirements shall apply:
a.
Zero to one bedroom: one on-site parking space.
b.
Two to three bedrooms: one and one-half on-site parking spaces.
c.
Four or more bedrooms: two and one-half on-site parking spaces.
2. 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.
3. 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:
a.
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
b.
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.
4. 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.
|
J. Child Care Facilities.
1. 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:
a.
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
b.
An additional incentive that contributes significantly to the
economic feasibility of the construction of the child care facility.
2. Child Care Facility Requirements. The city shall require, as a condition
of approving the housing development, that the following occur:
a.
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
b.
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.
3. 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.
K. Student Housing.
1. 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:
a.
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.
b.
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.
c.
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.
d.
The development will provide priority for the applicable affordable
units for lower income students experiencing homelessness.
2. 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.
L. Shared Housing.
1. 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:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
2. 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.
M. General Guidelines.
1. 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.
2. 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.
3. 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.
N. Findings for Approval for Density Bonus and/or Incentive(s).
1. Density Bonus Approval. The following finding shall be made by the
approving authority in order to approve a density bonus request:
a.
The density bonus request meets the requirements of this section.
2. 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:
a.
The density bonus request meets the requirements of this section;
b.
The incentive is required in order to provide affordable housing;
and
c.
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.
3. 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):
a.
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.
b.
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.
c.
That the incentive would be contrary to state or federal law.
O. Affordability Requirements.
1. 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:
a.
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.
b.
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.
2. The monthly allowance for utilities shall be the utility allowance
calculated by the Department of Housing and Urban Development (HUD)
for County Housing Authorities.
3. 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.
4. 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.
P. Affordable Housing Agreement Required.
1. 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.
2. Low- or Very Low-Income Affordable Housing Component.
a.
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.
b.
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:
i.
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.
c.
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.
d.
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:
i.
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.
3. Moderate Income Affordable Housing Component.
a.
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:
i.
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)).
v.
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)).
Q. Ineligible Projects—Required Replacement of Affordable Units.
1. An applicant shall be ineligible for a density bonus or any other
incentives or concessions under this section if:
a.
The development is proposed on any property that includes any
existing affordable rental dwelling units occupied by lower or very
low income households; or
b.
If such affordable dwelling units have been vacated or demolished
in the five-year period preceding the application; and
c.
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:
i.
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.
2. The number and type of required replacement units shall be determined
as follows:
a.
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.
b.
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.
R. Definitions. For the purpose of this section, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
"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.
"Development standard"
includes a site or construction condition, including, but
not limited to, a height limitation, a setback requirement, a floor
area ratio, an on-site open-space requirement, a minimum lot area
per unit requirement, or a parking ratio that applies to a residential
development pursuant to any ordinance, general plan element, specific
plan, charter, or other local condition, law, policy, resolution,
or regulation that is adopted by the local government or that is enacted
by the local government's electorate exercising its local initiative
or referendum power, whether that power is derived from the California
Constitution, statute, or the charter or ordinances of the local government.
"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 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.
"Maximum allowable residential density" or "base density"
means the greatest number of units allowed under the zoning
ordinance, specific plan, or land use element of the general plan,
or, if a range of density is permitted, means the greatest number
of units allowed by the specific zoning range, specific plan, or land
use element of the general plan applicable to the project. Density
shall be determined using dwelling units per acre. However, if the
applicable zoning ordinance, specific plan, or land use element of
the general plan does not provide a dwelling-units-per-acre standard
for density, then the local agency shall calculate the number of units
by: (a) Estimating the realistic development capacity of the site
based on the objective development standards applicable to the project,
including, but not limited to, floor area ratio, site coverage, maximum
building height and number of stories, building setbacks and stepbacks,
public and private open-space requirements, minimum percentage or
square footage of any nonresidential component, and parking requirements,
unless not required for the base project. Parking requirements shall
include considerations regarding number of spaces, location, design,
type, and circulation. A developer may provide a base density study
and the local agency shall accept it, provided that it includes all
applicable objective development standards; (b) Maintaining the same
average unit size and other project details relevant to the base density
study, excepting those that may be modified by waiver or concession
to accommodate the bonus units, in the proposed project as in the
study.
"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 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.
(Ord. 547 § 1.2, 1999; Ord. 984 § 3, 2022; Ord. 999 § 5, 2023; Ord. 1013, 6/25/2024)
A. 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.
B. 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.
C. Incentive. Developers may request a density bonus of five percent
above the calculated number of units for qualified projects.
D. 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.
E. Implementation.
1. 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.
2. This density bonus shall not be cumulative with any other density
bonus program included in this section.
3. The development standards for density bonus projects shall be those
of the applicable zoning classification.
(Ord. 910 § 5, 2016; Ord. 1005, 12/19/2023)