City of Moreno Valley, CA Chapter 9.04 COMMERCIAL DISTRICTS

§ 9.04.010 Purpose and intent.

A. It is the purpose of this chapter to provide regulations which implement those goals, objectives and policies of the general plan which are aimed toward the provision of commercial areas within the city. It is the further intent of this chapter to serve the retail and service commercial needs of Moreno Valley residents and businesses through the establishment of a specific, well-defined pattern of commercial activity which is conveniently located, efficient and attractive, with safe pedestrian and vehicular circulation.

B. In addition to the above, the commercial districts are included in the zoning regulations to achieve the following purposes:

1. To provide appropriately located areas for office uses, retail stores, service establishments and commercial commodities and services required by residents of the city and the surrounding market area;

2. To encourage concentration of office and commercial uses for the convenience of the public and to secure a more mutually beneficial relationship to each other;

3. To provide adequate space, off-street parking and loading areas to meet the needs of modern commercial development;

4. To minimize traffic congestion from commercial development and to avoid the overloading of utilities by restricting the construction of buildings of excessive size in relation to the amount of land around them;

5. To promote compatibility between commercial properties and adjoining noncommercial uses; and

6. To promote high standards of site planning, architecture and landscape design for office and commercial developments within the city.

(Ord. 359, 1992)

§ 9.04.020 Commercial development districts.

A. Office District (O). The primary purpose of the office (O) district is to provide areas for the establishment of park-like, office-based working environments for general business, corporate, professional and administrative offices. It is the further intent of this district to provide setbacks, landscaping and architectural treatments that ensure the location of such uses is relatively compatible with residential development in the vicinity.

B. Office Commercial District (OC). The primary purpose of the office commercial (OC) district is to provide for the establishment of business, corporate and administrative office, as well as commercial services which are supportive to major business developments. Retail facilities which support the office developments are permitted, subject to limitations specified in this section.

C. Village Commercial District (VC). The primary purpose of the village commercial (VC) district is to provide for office related and commercial development within the original Moreno townsite. It is the further intent of this district to promote development which recognizes the historic significance of the site and projects a "turn-of-the-century" architectural atmosphere, yet provides limited retail commercial services that are compatible with the surrounding residential community.

D. Neighborhood Commercial District (NC). The primary purpose of the neighborhood commercial (NC) district is to satisfy the daily shopping needs of Moreno Valley residents by providing construction of conveniently located neighborhood centers which provide limited retail commercial services. These centers must be compatible with the surrounding residential communities.

E. Community Commercial District (CC). The primary purpose of the community commercial (CC) district is to provide for the general shopping needs of area residents and workers with a variety of business, retail, personal and related or similar services.

(Ord. 359, 1992; Ord. 590 § 2, 2001)

§ 9.04.030 Permitted commercial uses.

For the commercial districts, unless otherwise expressly provided in this title, permitted uses are limited to those described in the permitted uses Table 9.02.020-1 in Section 9.02.020 of this title.

(Ord. 359, 1992)

§ 9.04.040 Commercial site development standards.

A. General Requirements. The following table sets forth minimum site development standards for all commercial and office zones. All sites shall conform to the dimensions set forth in this section. A development or center may, however, be a combination of many parcels totaling at least the required site size, but its design must be integrated and unified. In addition, projects must comply with the special requirements enumerated in subsection B, the performance standards included in Chapter 9.10 and any other applicable city ordinances, policies, and programs.

Table 9.04.040-7 Commercial Site Development Minimum Standards
Requirement	O	OC	VC	NC	CC
Minimum site area	10K1	10K	10K	10K	1ac2
Minimum site width, in feet	100	100	100	100	200
Minimum site depth, in feet	100	100	100	100	175
Front building setback, in feet3	20*	20*	20*	20*	10*
Side street building setback area, street sides, in feet3	20*	20*	20*	20*	10*
Lot coverage, maximum	60%	60%	—	—	—
Building height, in feet, maximum	See Special Requirements
Parking front street setback, in feet3	20	20	20	20	20
Parking side street setback, in feet3	15	15	15	15	15
Setback landscaping	All setbacks exclusive of required walkways and driveways will be landscaped planting areas

Notes:
1	The term "K" means 1,000.
2	The term "ac" means acre or acres.
3	Measured from property line after dedications for public rights-of-way.
*	Building areas above 30 feet shall be set back an additional five feet for every 10 feet of additional structure height unless otherwise approved by the planning commission.

On legal lots of record existing immediately prior to the date of adoption of the ordinance codified in this title, and which otherwise comply with all other provisions in this title and with all land use regulations existing immediately prior to adoption of the ordinance codified in this title, if any of such lots contain less than the minimum depths required by this section they need not provide a front building setback or landscaping greater than 20% of the depth of the property (excluding right-of-way area). The creation of new lots within these districts shall conform to these minimum dimensions, except in the case of condominium lots or lots within an integrated commercial center containing shared parking and access, in which case no minimums are established. Parcels created within integrated commercial centers are exempt from the site development standards stated herein, as they relate to minimum site areas, and minimum lot width and depth, as long as a conceptual development plan for the entire center has been developed and approved and if appropriate easements for reciprocal access parking and maintenance are provided.

B. Special Requirements.

1. Wherever a lot in any commercial district abuts a lot in any residential district, a minimum setback equal to the building height, but not less than 10 feet shall be required. A minimum of 10 feet nearest the district boundary line shall be landscaped.

2. Where off-street parking areas or drive-through aisles in commercial districts are situated so as to be visible from any street, screening in the form of a landscaped earthen berm, shrubs, or decorative wall three feet in height shall be erected between the street and the parking area.

3. In all commercial districts, required front building setback areas shall be landscaped. Such landscaping shall consist predominantly of plant materials except for necessary walks and drives.

4. Required rear and interior side building setback areas in any commercial district shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or facilities, and similar accessory activities.

5. In the office commercial district, all nonoffice uses permitted shall be supportive of office-based development. (See Table 9.02.020-1.)

6. In the office commercial district, all commercial and retail activities, other than offices, shall be limited to no more than 25% of the square footage of any building. In the case of a mixed-use development, no more than 25% of the total square footage of all buildings shall be devoted to commercial/retail uses, with the remaining 75% to be utilized for office.

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

8. Except as otherwise specified in this section, structures shall be constructed either on the property line or be set back at least three feet from the rear or interior side property line.

(Ord. 359, 1992; Ord. 497 § 1.4, 1996; Ord. 560 § 1.1 , 2000; Ord. 590 § 2, 2001; Ord. 616 §§ 2.2.3, 2.2.4, 2003; Ord. 643 § 2.1, 2003; Ord. 849 § 2.3, 2012)

§ 9.04.050 Affordable housing in commercial zones.

A. Purpose and Intent. This section is adopted pursuant to the provisions of Assembly Bill 2011,[1] known as the "Affordable Housing and High Road Jobs Act of 2022," and Senate Bill 6,[2] known as the "Middle Class Housing Act of 2022." The bills have been designed to help address the state's continuing housing crisis.

[1] Editor's Note: See Government Code § 65912 et seq.

[2] Editor's Note: See Government Code § 65852.24[??]

B. Applicability. This section establishes clear eligibility criteria for the use of commercial-zoned properties for multiple-family developments.

1. SB 6 projects are permitted in zoning districts where office, retail, or parking is a principally permitted use; and

2. AB 2011 mixed-income housing projects are permitted in zoning districts where office, retail, or parking is a principally permitted use; and

3. AB 2011 100% affordable housing projects are permitted in zoning districts where office, retail, or parking is a principally permitted use.

C. Application and Processing.

1. SB 6 projects are processed as plot plan applications. Authority for approval of plot plans shall be vested with the planning commission. Plot plan applications shall be subject to major development review procedures pursuant to Section 9.02.030 of Chapter 9.02 (Permits and Approvals).

2. If the "SB 6" housing development project proposes to utilize the provisions of Subsection (H) of this Section, the development application shall be processed as a ministerial action in accordance with Government Code Section 65913.4 and acted upon by the approval body with authority to approve the development within the timelines prescribed by Government Code Section 65913.4.

3. AB 2011 mixed-income housing projects and AB 2011 100% affordable housing projects that meet all the requirements of this section shall be ministerial and reviewed and processed with a plot plan application, subject to conditions of approval.

4. Certain projects processed under AB 2011 are exempt from the California Environmental Quality Act (CEQA), as set forth in AB 2011.

D. Site and Project Criteria for SB 6 Projects. All projects must be multiple-family housing developments or mixed-use with at least 50% of the square footage dedicated to residential use located within an urbanized area or urban cluster (designated by the US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:

1. The project must meet specified density requirements of at least 30 units/acre. (Section 65852.24(b)(1), Section 65583.2(c)(3)(B).)

2. The "SB 6" housing development project is not proposed on a site larger than 20 gross acres, unless the site is a regional mall, in which case it shall not exceed 100 gross acres.

3. The "SB 6" housing development project is located on a legal parcel(s).

4. The "SB 6" housing development project is not proposed on or adjoining a site where more than one-third of the square footage is dedicated to industrial use.

5. Meets specified objective local requirements. (Government Code Section 65852.24(b)(5).)

6. The "SB 6" housing development project shall comply with all the applicable objective design standards, as described in Chapter 9.03.100 (Objective design standards) for multiple-family and mixed-use residential developments).

7. Mixed-use developments consisting of residential and nonresidential retail, commercial, or office uses are required to have at least 50% of the square footage of the new construction associated with the project designated for residential use. None of the square footage of any such development shall be designated for a hotel, motel, bed, and breakfast inn, or other transient lodging use, except for a residential hotel.

8. The housing development shall comply with any public notice, comment, hearing, or other procedures imposed by the local agency on a housing development in the applicable zoning designation.

9. Affordable Housing Requirements. The "SB 6" housing development project shall comply with Moreno Valley affordable housing requirements and the following: Notwithstanding the foregoing, if a "SB 6" housing development project is proposed to utilize the provisions of both Government Code Section 65852.24 ("SB 6") and Government Code Section 65913.4 ("SB 423"), the "SB 6" housing development project shall comply with the affordable housing requirements set forth in Government Code Section 65913.4 ("SB 423").

E. Labor Requirements. The development proponent for the "SB 6" housing development project shall comply with all applicable requirements, such as, but not limited to, prevailing wage and skilled and trained workforce, of paragraphs 8 and 9 of subdivision (b) of Government Code Section 65852.24, and as amended.

1. The development proponent shall submit a signed affidavit to the community development director, or designee, attesting to compliance with these requirements, as a condition of project approval.

2. If the project is found to be in violation of these requirements, the community development director, or designee, may suspend building permits, withhold certificates of occupancy, and halt all administrative processing of related entitlements until the violation is resolved or appealed.

F. No Short-Term Rentals. The development proponent for the "SB 6" housing development project shall record a restrictive covenant and agreement in a form prescribed by the city attorney, which shall run with the land and provide for a requirement that any dwelling units on the property shall be rented or leased for a period longer than 30 days, pursuant to subdivision (d) of Government Code Section 65852.24.

G. Commercial Tenant Notice and Relocation Assistance Requirements. If the "SB 6" housing development project is proposed on a site where there is one or more commercial tenant(s) occupying the site at the time an application is submitted for the "SB 6" housing development project, the development proponent shall comply with all applicable requirements of subdivision (c) of Government Code Section 65852.24.

H. Eligibility and Limitations for "SB 6" Housing Development Projects Utilizing Streamlining Provisions of Government Code Section 65913.4. If a "SB 6" housing development project is proposed utilizing the provisions of both Government Code Section 65852.24 ("SB 6") and Government Code Section 65913.4 ("SB 423"), the "SB 6" housing development project shall be exempt from discretionary review as well as the provisions of the California Environmental Quality Act (CEQA), provided it meets the following.

1. Eligibility. The "SB 6" housing development project shall demonstrate that it meets the qualifying criteria in Section 9.04.050.D, above, and Government Code Section 65913.4.

2. Ineligibility. Notwithstanding Government Code Section 65913.4, a "SB 6" housing development project shall not be eligible for streamlining pursuant to Government Code Section 65913.4 if the "SB 6" housing development project is proposed on either:

a. A site that has previously been developed pursuant to Government Code Section 65913.4 with a project of 10 units or fewer.

b. A site where the developer of the "SB 6" housing development project or any person acting in concert with the developer has previously proposed a project pursuant to Government Code Section 65913.4 of 10 units or fewer on the same or an adjoining site.

3. The development proponent shall submit an "SB 423" application to demonstrate eligibility and file a preliminary planning application for a notice of intent to request streamlining pursuant to Government Code Section 65913.4.

I. "SB 6" Housing Development Projects Utilizing Provisions of Government Code Section 65915. To request any density bonus, incentives, concessions, waivers, or parking reductions pursuant to Government Code Section 65915 and Section 9.03.050 (Density bonus program for affordable housing), the "SB 6" housing development project shall submit a density bonus report demonstrating compliance with all applicable requirements.

J. Site and Project Criteria for "AB 2011 Mixed-Income" housing development projects under Government Code Section 65912.120 et seq. All projects must be multiple-family housing developments located within an urbanized area or urban cluster (designated by the US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:

1. The "AB 2011 Mixed-Income" housing development project is not proposed on a site that is larger than 20 gross acres, except if the housing development project is proposed on a site that is a regional mall, then the site shall not be greater than 100 gross acres.

2. The site on which the "AB 2011 Mixed-Income" housing development project is proposed abuts a commercial corridor and has a frontage along the commercial corridor of a minimum of 50 feet.

3. The "AB 2011 Mixed-Income" housing development project is proposed on a site where at least 75% of the site is adjoining parcels developed with urban uses. For the purposes of this subdivision, parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered adjoining.

4. The "AB 2011 Mixed-Income" housing development project must meet the following affordability criteria by providing:

a. For rental projects, eight percent very low income and 5% extremely low income affordable units; or

i. 15% is affordable for lower-income households. (Government Code Section 65912.122(a).)

ii. All affordable units must have a recorded deed restriction for 55 years.

b. For owner-occupied housing:

i. 30% of units offered as affordable to moderate-income households; or

ii. 15% of units are offered as affordable to lower-income households. (Government Code Section 65912.122(b).)

iii. All affordable units must have a recorded deed restriction for 45 years.

5. The "AB 2011 Mixed-Income" housing development project shall comply with all the applicable objective design standards, as described in Chapter 9.03.100 (Objective design standards) for multiple-family and mixed-use residential developments of the MVMC.

6. The "AB 2011 Mixed-Income" housing development project is located on a legal parcel(s).

7. The "AB 2011 Mixed-Income" housing development project is not proposed to be on or adjoining a site where more than one-third of the square footage of the site is dedicated to industrial use.

8. The development proponent for the "AB 2011 Mixed-Income" housing development project shall complete, as a condition of approval, a Phase I environmental assessment (as defined in Health and Safety Code Section 25319.1) and any subsequent environmental review and remediation, prepared by a qualified environmental professional, as required by subdivision (k) of Government Code Section 65912.124, and as amended.

9. The "AB 2011 Mixed-Income" housing development project is proposed on a site that satisfies the requirements specified in paragraph (6) of subdivision (a) of Government Code Section 65913.4, exclusive of clause (iv) of subparagraph (A) of paragraph (6) of subdivision (a) of Government Code Section 65913.4.

10. If the "AB 2011 Mixed-Income" housing development project is proposed on a site where there are commercial tenants at the time of submission of the application, the development proponent shall comply with all relocation assistance requirements pursuant to Government Code Section 65912.123(h)(2), and as amended.

11. The "AB 2011 Mixed-Income" housing development project is not proposed on a site that would require the demolition of any of the following:

a. Housing subject to recorded covenant, ordinance or law that restricts rents to levels affordable to moderate-, low-, or very low-income households;

b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power;

c. Housing that has been occupied by tenants in the last 10 years, excluding manager's units; or

d. A historic structure that is listed on the National Register of Historic Places, California Register of Historic Places, or Moreno Valley Landmark/Historic Property.

e. The "AB 2011 Mixed-Income" housing development project is not proposed on a site that was previously used for permanent housing that was occupied by tenants, excluding any manager's units, that was demolished within 10 years before the date that the "AB 2011 Mixed-Income" housing development project application was submitted.

f. The "AB 2011 Mixed-Income" housing development project is not proposed on a site that currently contains one to four dwelling units.

g. The "AB 2011 Mixed-Income" housing development project is not proposed on a site that is currently or was previously governed by any of the following:

i. Mobilehome Residency Law (codified at California Civil Code Section 798 et seq.);

ii. Recreational Vehicle Park Occupancy Law (codified at California Civil Code Section 799.20 et seq.);

iii. Mobilehome Parks Act (codified at California Health and Safety Code Section 18200 et seq.); or

iv. Special Occupancy Parks Act (codified at California Health and Safety Code Section 18860 et seq.).

12. An "AB 2011 Mixed-Income" housing development project shall not be proposed on a site that is vacant if any of the following are true at the time that the application is submitted:

a. Located on a site within a very high fire hazard severity zone, as indicated on maps adopted by the department of forestry and fire protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179.

b. Located on a site that is zoned for housing but not for multifamily residential use.

c. Located on a site that contains tribal resources, as defined in California Public Resources Code Section 21074, that could be affected by the "AB 2011 Mixed-Income" housing development project that were found pursuant to a consultation as described in Public Resources Code Section 21080.3.1 and the effects of which cannot be mitigated pursuant to the process in Public Resources Code Section 21080.3.2.

13. All "AB 2011 Mixed-Income" housing development projects shall record a restrictive covenant and agreement in a form prescribed by the city attorney, which shall run with the land and provide for a requirement that any dwelling units on the property shall be rented or leased for a period longer than 30 days, pursuant to subdivision (d) of Government Code Section 65852.24.

14. Where applicable, the development proponent for the "AB 2011 Mixed-Income" housing development project shall comply with the requirements of replacement housing law pursuant to Government Code Sections 66300.5 and 66300.6, and as amended.

15. "AB 2011 Mixed-Income" housing development projects requesting any density bonus, incentives, concessions, waivers, or parking reductions pursuant to Government Code Section 65915 and Section 9.03.050 (Density bonus program for affordable housing) shall submit a density bonus report demonstrating compliance with all applicable requirements.

K. "AB 2011 Mixed-Income" Development Standards. An "AB 2011 Mixed-Income" housing development project under Government Code Section 65912.120 et seq., as amended, shall comply with all the following:

1. Multifamily Residential Development. The "AB 2011 Mixed-Income" housing development project must propose to construct at least five residential dwelling units.

2. Maximum Allowable Density. The maximum allowable residential density on a site on which the "AB 2011 Mixed-Income" housing development project is proposed shall be established as follows:

a. "Density" shall refer to the total number of dwelling units permitted per net acre.

b. Residential density shall be calculated prior to applying any density bonus in accordance with Section 9.03.050 (Density bonus program for affordable housing).

c. The maximum allowable density shall be determined based on the site size, as specified in 9.04.050.K.c. 1 - Table 1, Maximum Allowable Density.

9.04.050.K.c.1 -Table 1: Maximum Allowable Density
Site Size	Maximum Allowable Density
Site less than 1 acre	30 dwelling units/net acre
Site greater than 1 acre and commercial corridor right-of-way less than 100 feet	40 dwelling units/net acre
Site greater than 1 acre and commercial corridor right-of-way greater than 100 feet	60 dwelling units/net acre
For sites within 1/2 mile of a major transit stop	80 dwelling units/net acre

L. Minimum Required Density. A proposed "AB 2011 Mixed-Income" housing development project shall meet the following minimum density requirements, as applicable:

1. Determined Consistent before January 1, 2027. If the "AB 2011 Mixed-Income" housing development project is determined to be consistent with objective planning standards before January 1, 2027, the "AB 2011 Mixed-Income" housing development project shall be developed to meet the minimum required density as follows:

a. 50% or greater of the applicable maximum allowable residential density pursuant to Section 9.04.050.K.2 of this chapter.

b. If the site is within one-half mile of an existing passenger rail or bus rapid transit station, 75% or greater of the applicable maximum allowable residential density pursuant to Section 9.040.050.K.2 of this chapter.

2. Determined Consistent on or after January 1, 2027. If the "AB 2011 Mixed-Income" housing development project is determined to be consistent with the objective planning standards on or after January 1, 2027, the "AB 2011 Mixed-Income" housing development project shall be developed at a density that is 75% or greater of the allowable maximum allowable residential density, pursuant to Section 9.040.050.K.2 of this chapter, regardless of location.

3. Exemption for Conversions of Existing Buildings. If the "AB 2011 Mixed-Income" housing development project is proposing to convert an existing building into residential use, it is not subject to any density limitations, except if the housing development project proposes more than 20% additional new square footage then the housing development project shall be subject to the density limitation in Section 9.040.050.L.2.a and b of this chapter.

M. Height Requirements. The height for an "AB 2011 Mixed-Income" housing development project shall be the greater of the following:

1. The height currently permitted on the parcel.

2. For a site on a commercial corridor of less than 100 feet in width, the maximum height shall be no greater than 35 feet.

3. For a site on a commercial corridor equal to or greater than 100 feet in width, the maximum height shall be no greater than 45 feet.

4. For sites within one-half mile of a major transit stop, 65 feet.

N. Setback Requirements. The "AB 2011 Mixed-Income" housing development project shall meet the following setbacks:

1. For the portion of a property that fronts a commercial corridor:

a. The ground floor of any building shall be set back a minimum of 10 feet from the property line along the commercial corridor for at least 80% of the frontage. No setback shall be required for the remaining 20% of the frontage.

b. All parking areas must be set back at least 25 feet from the property line along the commercial corridor.

2. For any portion of the site that does not abut or lie within a commercial corridor, or a property that also abuts the same commercial corridor as the site, but abuts a property that contains a residential use, the following shall occur:

a. The ground floor of the "AB 2011 Mixed-Income" housing development project shall be set back 10 feet, unless a lesser setback requirement is permitted by the development standards of an applicable zoning district or by a specific plan.

b. Starting with the second floor of the "AB 2011 Mixed-Income" housing development project, each subsequent floor shall be stepped back in an amount equal to seven feet multiplied by the floor number unless a lesser stepback requirement is permitted by the development standards of an applicable zoning district or by a specific plan. For the purposes of this paragraph, the ground floor is the first floor.

O. Parking Requirements. No vehicle parking shall be required as part of the proposed "AB 2011 Mixed-Income" housing development project, except that the housing development project shall comply with all the requirements for bicycle parking, electric vehicle supply equipment, installed parking spaces, and parking spaces that are accessible to persons with disabilities pursuant to MVMC Section 9.11.040, Off-street parking requirements, and California Building Code.

P. Open Space Requirements. If the "AB 2011 Mixed-Income" housing development project proposes to convert an existing nonresidential use to a residential use, the "AB 2011 Mixed-Income" housing development project shall not be required to provide common open space beyond what is required for the existing project site.

Q. Proximity to Freeway. For any housing units within the proposed "AB 2011 Mixed-Income" housing development project on the site that is located within 500 feet of a freeway, all of the following requirements shall apply:

1. The building shall have a centralized heating, ventilation, and air-conditioning system;

2. The outdoor air intakes for the centralized heating, ventilation, and air-conditioning system shall face away from the freeway;

3. The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value (MERV) of 16;

4. The air filtration media shall be replaced at the manufacturer's designated interval; and

5. The building shall not have any balconies facing the freeway.

R. Standards for "AB 2011 Mixed-Income" Housing Development Projects on Regional Mall Sites. Any "AB 2011 Mixed-Income" housing development projects that are proposed within the boundaries of a regional mall shall meet the following standards:

1. Block Size. The average size of a block within the "AB 2011 Mixed-Income" housing development project shall not exceed three acres.

2. Building Frontage on New Streets. For any portion of the property that fronts a street that is newly created by the "AB 2011 Mixed-Income" housing development project and that is not a commercial corridor, buildings shall abut within 10 feet of the street for at least 60% of the frontage.

3. Open Space Requirements. Notwithstanding the requirements in Section 9.04.050.P of this Chapter, at least 5% of the site shall be dedicated to open space.

S. Characteristics of Affordable Units. The affordable units within the "AB 2011 Mixed-Income" housing development project shall comply with all the following requirements and the standards in MVMC Section 9.03.050 (Density bonus program for affordable housing):

1. Affordable units shall reflect the same proportion of bedroom and bathroom count as the market-rate units.

2. Affordable units shall be dispersed throughout the "AB 2011 Mixed-Income" housing development project as specified in MVMC Section 9.03.050 (Density bonus program for affordable housing).

3. Affordable units shall have the same type or quality of appliances, fixtures, and finishes as those provided in the market-rate units.

4. Occupants of the affordable units shall have equal access to the common entrances, common areas, and shared amenities, including, but not limited to, common open space, parking, storage, and other facilities available to market-rate unit occupants.

T. Labor Requirements. The development proponent for the "AB 2011 Mixed-Income" housing development project shall comply with all applicable labor requirements of Government Code Section 65912.130, and as amended. In addition to Government Code Section 65912.130, the following shall apply.

1. If an "AB 2011 Mixed-Income" housing development project proposes to construct at least 50 total units, the "AB 2011 Mixed-Income" housing development project shall additionally comply with the requirements of Government Code Section 65912.131, including, the submittal of a signed affidavit to the community development director, or designee, attesting to compliance with these requirements, as a condition of project approval.

2. If the project is found to be in violation of these requirements, the community development director, or designee, may suspend building permits, withhold certificates of occupancy, and halt all administrative processing of related entitlements until the violation is resolved or appealed.

U. Site and Project Criteria for "AB 2011 100-Percent Affordable" Housing Development Projects Under Government Code Section 65912.110 et seq. All projects must be multiple-family housing developments located within an urbanized area or urban cluster (designated by the US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:

1. The required minimum density of an "AB 2011 100-Percent Affordable" housing development project is 30 dwelling units per acre.

2. The "AB 2011 100-Percent Affordable" housing development project is located on a legal parcel(s).

3. The "AB 2011 100-Percent Affordable" housing development project must propose to construct at least five residential dwelling units.

4. The "AB 2011 100-Percent Affordable" housing development project shall comply with all the applicable objective design standards, as described in Section 9.03.100 (Objective design standards) for multiple-family and mixed-use residential developments of the MVMC.

5. All other objective zoning, subdivision, and design standards applicable to the "AB 2011 100-Percent Affordable" housing development project shall be pursuant to MVMC Section 9.03.040 (Residential site development standards) for the Residential 30 (R30) zoning district.

6. The "AB 2011 100-Percent Affordable" housing development project is proposed on a site where at least 75% of the site is adjoining parcels developed with urban uses. For the purposes of this subdivision, parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered adjoining.

7. The "AB 2011 100-Percent Affordable" housing development project is not proposed to be on or adjoining a site where more than one-third of the square footage is dedicated to industrial use.

8. The "AB 2011 100-Percent Affordable" housing development project is proposed on a site that satisfies the requirements specified in paragraph (6) of subdivision (a) of Government Code Section 65913.4, exclusive of clause (iv) of subparagraph (A) of paragraph (6) of subdivision (a) of Government Code Section 65913.4.

9. An "AB 2011 100-Percent Affordable" housing development project is ineligible if it requires the demolition of a historic structure on a national, state, or local historic register.

10. The "AB 2011 100-Percent Affordable" housing development project is not proposed on a site that is currently or was previously governed by any of the following:

a. Mobilehome Residency Law (codified at California Civil Code Section 798 et seq.);

b. Recreational Vehicle Occupancy Law (codified at California Civil Code Section 799.20 et seq.);

c. Mobilehome Parks Act (codified at Health and Safety Code Section 18200 et seq.); or

d. Special Occupancy Parks Act (codified at Health and Safety Code Section 18860 et seq.).

11. The An "AB 2011 100-Percent Affordable" housing development project shall not be proposed on a site that is vacant, if any the following are true at the time that the application is submitted:

a. Located on a site within a very high fire hazard severity zone, as indicated on maps adopted by the department of forestry and fire protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Government Code Section 51179.

b. Located on a site that contains tribal resources, as defined in California Public Resources Code Section 21074, that could be affected by the "AB 2011 100-Percent Affordable" housing development project that were found pursuant to a consultation as described in Public Resources Code Section 21080.1 and the effects of which cannot be mitigated pursuant to the process in Public Resources Code Section 21080.3.2.

12. The "AB 2011 100-Percent Affordable" housing development project must meet the following affordability criteria by providing:

a. 100% of the units in a "AB 2011 100-Percent Affordable" housing development project proposed pursuant to this section, excluding any manager's unit or units, shall be dedicated to lower-income households at an affordable housing cost or affordable rent.

b. Any rental units in the "AB 2011 100-Percent Affordable" housing development project shall be subject to a recorded deed restriction for a period of 55 years from certificate of occupancy. Any owner-occupied units in the "AB 2011 100-Percent Affordable" housing development project shall be subject to a recorded deed restriction for a period of 45 years from certificate of occupancy.

13. The development proponent for the "AB 2011 100-Percent Affordable" housing development project shall complete, as a condition of approval, a Phase I environmental assessment (as defined in Health and Safety Code Section 25319.1) and any subsequent environmental review and remediation, prepared by a qualified environmental professional, as required by subdivision (k) of Government Code Section 65912.124, and as amended.

14. All "AB 2011 100-Percent Affordable" housing development projects shall record a restrictive covenant and agreement in a form prescribed by the city attorney, which shall run with the land and provide for a requirement that any dwelling units on the property shall be rented or leased for a period longer than 30 days, pursuant to subdivision (d) of Government Code Section 65852.24.

15. Where applicable, the development proponent for the "AB 2011 100-Percent Affordable" housing development project shall comply with the requirements of replacement housing law pursuant to Government Code Sections 66300.5 and 66300.6, and as amended.

16. "AB 2011 100-Percent Affordable" housing development projects requesting any density bonus, incentives, concessions, waivers, or parking reductions pursuant to Government Code Section 65915 and Section 9.03.050 (Density bonus program for affordable housing) shall submit a density bonus report demonstrating compliance with all applicable requirements.

V. Proximity to Freeway. For any housing units within the proposed "AB 2011 100-Percent Affordable" housing development project on the site that is located within 500 feet of a freeway, all of the following requirements shall apply:

1. The building shall have a centralized heating, ventilation, and air-conditioning system;

2. The outdoor air intakes for the centralized heating, ventilation, and air-conditioning system shall face away from the freeway;

3. The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value (MERV) of 16;

4. The air filtration media shall be replaced at the manufacturer's designated interval; and

5. The building shall not have any balconies facing the freeway.

W. Labor Requirements. The development proponent for the "AB 2011 100-Percent Affordable" housing development project shall comply with all applicable labor requirements of Government Code Section 65912.130, and as amended. In addition to Government Code Section 65912.130, the following shall apply.

1. If an "AB 2011 100-Percent Affordable" housing development project proposes to construct at least 50 total units, the "AB 2011 100-Percent Affordable" housing development project shall additionally comply with the requirements of Government Code Section 65912.131, including, the submittal of a signed affidavit to the community development director, or designee, attesting to compliance with these requirements, as a condition of project approval.

2. If the project is found to be in violation of these requirements, the community development director, or designee, may suspend building permits, withhold certificates of occupancy, and halt all administrative processing of related entitlements until the violation is resolved or appealed.

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

"AB 2011 100% affordable housing project"

shall refer to housing development project(s) as set forth in AB 2011, Article 3 (Mixed-Income Housing Developments Along Commercial Corridors) and is intended to refer to such projects which are subject to a streamlined, ministerial review pursuant to Government Code Section 65912.124, subject to satisfying all requisite requirements, as set forth therein.

"AB 2011 mixed-income housing projects"

shall refer to housing development projects as set forth in AB 2011, Article 2 (Affordable Housing Developments in Commercial Zones), and is intended to refer to such projects which are subject to a streamlined, ministerial review, pursuant to Government Code Section 65912.114, subject to satisfying all requisite requirements, as set forth therein.

"Commercial corridor"

means a highway, as defined in Vehicle Code Section 360, that is not a freeway, as defined in Vehicle Code Section 332, and that has a right-of-way, as defined in Vehicle Code Section 525, of at least 70 feet but not greater than 150 feet.

"Dedicated to industrial use"

means any of the following: (1) square footage is currently being used as industrial use; (2) the site has been occupied within the past three years for an industrial use; or (3) residential uses are not principally permitted on the site.

"Freeway"

has the same meaning as defined in Section 332 of the Vehicle Code, except it does not include the portion of a freeway that is an on ramp or off ramp that serves as a connector between the freeway and other roadways that are not freeways.

"Industrial use"

means utilities, manufacturing, transportation storage and maintenance facilities, warehousing uses, and any other use that is a source that is subject to permitting by a district, as defined in Section 39025 of the Health and Safety Code, pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code or the federal Clean Air Act (42 U.S.C. Section 7401 et seq.). For the purposes of AB 2011, it does not include: (1) power substations or utility conveyances such as power lines, broadband wires, and pipes; (2) a use where the only source permitted by a district is an emergency backup generator; or (3) self-storage for the residents of a building.

"Multiple-family,"

as used in this section, means a property with five or more housing units for sale or for rent. There is no requirement that the housing units be attached.

"Prevailing wage"

means at least the general prevailing rate or per diem wages for the type of work and the geographic area as determined by the director of industrial relations pursuant to Labor Code Sections 1773 and 1773.9, except apprentices registered in programs approved by the chief of the division of apprenticeship standards may be paid at least the applicable apprentice prevailing rate. The same definition is used in both AB 2011 and SB 6.

"Principally permitted use"

means a use that may occupy more than one-third of the square footage of designated use on the site and does not require a conditional use permit.

"Regional mall"

is defined to include any site that meets all of the following criteria:

1. The permitted uses on the site include at least 250,000 square feet of retail use;

2. At least two-thirds of the permitted uses on the site are retail uses; and

3. At least two of the permitted retail uses on the site are 10,000 square feet or more.

"Residential hotel"

has the same meaning as defined in Section 50519 of the Health and Safety Code.

"SB 6 projects"

shall refer to housing development project as set forth in SB 6, as codified in Government Code Section 65852.24, subject to the streamlined, ministerial approval process, satisfying all requisite requirements therein.

Y. Interpretation. If any portion of this section conflicts with AB 2011, SB 6, or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with AB 2011 and SB 6.

(Ord. 999 § 6, 2023; Ord. 1035, 12/16/2025)