9.2.1 Exhibit A - Proposed Development Code Amendment (1)MENIFEE, CA
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Menifee, CA | Development Code 1
9.30.090 Approving Authority
A.Recommending Authority. The recommending authority as designated in Table 9.30.090-1
(Designated Authority for Permits and Approvals) shall hear and make recommendations on the
proposed land use or development permit or approval in accordance with the requirements of this
Title.
B.Approving Authority. The approving authority as designated in Table 9.30.090-1 (Designated
Authority for Permits and Approvals) shall approve, conditionally approve or deny the proposed
land use or development permit or approval in accordance with the requirements of this Title.
Generally, the Director and his/her designee will make non-discretionary and discretionary
decisions at the administrative level, the Planning Commission will make discretionary decisions,
and the City Council will make the legislative decisions. In acting on a permit, the approving
authority decision may be appealed pursuant to procedures set forth in Section 9.30.100 (Appeals).
Table 9.30.090-1: Designated Authority for Permits and Approvals
Permit or Approval Type (Chapter) Type of
Action
Designated Authority1
Community
Development
Director
Planning
Commission City Council
Accessory Dwelling Unit Permit (9.35) Ministerial A
AB 2011 Multi-Family Ministerial Application Ministerial A
Conditional Use Permit, Minor (9.40) Discretionary A
Conditional Use Permit, Major (9.40) Discretionary R A
Development Agreement (9.45) Legislative R R A
Finding of Public Convenience and Necessity (9.250) Discretionary R A
General Plan Amendment (9.50) Legislative R R A
Home Occupation Permit (9.55) Ministerial A
Home-Based Business (9.55) Discretionary A
Large Family Daycare Permit (9.60) Ministerial A
Master Sign Program, Minor (9.65) Ministerial A
Master Sign Program, Major (9.65) Discretionary R A
Minor Exception (9.70) Discretionary A
Official Code Interpretation (9.10) Discretionary A
Planned Development Overlay (9.105) Legislative R R A
Planned Development (9.75) Discretionary R A
Plot Plan, Minor (9.80) Ministerial A
Plot Plan, Major (9.80) Discretionary R A
Reasonable Accommodation (9.85) Discretionary A
SB35 Multi-Family Ministerial Review Permit Ministerial A
Sign Permit (9.90) Ministerial A
Similar Use Determination (9.95) Discretionary A
Specific Plan (9.100) Legislative R R A
Substantial Conformance Determination (9.25) Discretionary A
Temporary Use Permit, Minor (9.105) Discretionary A
Temporary Use Permit, Major (9.105) Discretionary A
Two-Unit Development (9.296) Ministerial A
Exhibit - A
LR23-0012
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Table 9.30.090-1: Designated Authority for Permits and Approvals
Permit or Approval Type (Chapter) Type of
Action
Designated Authority1
Community
Development
Director
Planning
Commission City Council
Urban Lot Split (9.296) Ministerial A
Variance (9.110) Discretionary R A
Zone Change/Zoning Code Amendment (9.105) Legislative R R A
1 A = Approving Authority; R = Recommending Authority
C. Multiple Entitlements. When a proposed project requires more than one permit or approval with
more than one approving authority all project permits and approvals shall be processed
concurrently and final action shall be taken by the highest-level designated authority for all such
requested permits and approvals.
D. Referral to the Planning Commission. At any point in the review process, the Director may transfer
approving authority to the Planning Commission at his/her discretion because of policy
implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred
to the Planning Commission shall be considered at a noticed public hearing. Public notice shall be
provided and a public hearing conducted pursuant to Section 9.30.080 (Public Hearing and Public
Notice). A referral to the Planning Commission is not an appeal and requires no appeal application
or fee.
E. Referral to the City Council. At any point during the Planning Commission hearing, the Planning
Commission may, by simple majority, transfer approving authority to the City Council because of
policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions
referred to the City Council shall be considered at a noticed public hearing. Public notice shall be
provided and a public hearing conducted pursuant to Section 9.30.080 (Public Hearing and Public
Notice). A referral to the City Council is not an appeal and requires no appeal application or fee.
F. City Council Referral back to Planning Commission. The City Council may refer any matter
(including, but not limited to, those appealed to it) back to the Planning Commission in accordance
with the provisions of Section 2.20.160 (City Council Referral Back to Planning Commission).
TITLE 9: PLANNING AND ZONING
ARTICLE 2: ADMINISTRATION, PERMITS, AND PROCEDURES
Chapter 9.35 Accessory Dwelling Unit Permit
Contents:
• 9.35.010 Purpose
• 9.35.020 Applicability
• 9.35.030 Application and Required Fees
• 9.35.040 Approving Authority
• 9.35.050 Public Hearing and Notice
• 9.35.060 Standards of Approval
• 9.35.070 Findings for Approval
• 9.35.080 Notice of Decision
• 9.35.090 Effective Date
• 9.35.100 Appeals
• 9.35.110 Expiration
• 9.35.120 Extension of Time
• 9.35.130 Modifications
9.35.010 Purpose
This chapter establishes procedures for the review and approval of accessory dwelling units to protect
and preserve existing neighborhoods while providing options to meet the various housing needs of the
community in compliance with Government Code Section 65852.2.
9.35.020 Applicability
An Accessory Dwelling Unit Permit is required prior to establishment, construction, or modification of
an accessory dwelling unit.
9.35.030 Application and Required Fees
A. Application Filing and Processing. Applications for an Accessory Dwelling Unit Permit shall
be filed and processed in accordance with Chapter 9.30 (Common
Application Processing Procedures).
B. Application Fees. Application fees shall be collected in accordance with
Section 9.30.020 (Applications and Fees).
9.35.040 Approving Authority
Applications for an Accessory Dwelling Unit Permit shall be reviewed and approved by the designated
approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals).
The designated approving authority is authorized to approve, alter, or deny an application for
an Accessory Dwelling Unit Permit.
9.35.050 Public Hearing and Notice
No public hearing is required prior to action on an application for an Accessory Dwelling Unit Permit.
9.35.060 Standards of Approval
An application for an Accessory Dwelling Unit shall be considered and approved ministerially, without
discretionary review or a hearing. The approving authority shall act on the application to create an
accessory dwelling unit within 60 days from the date the City receives a completed application if there is
an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory
dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the
approving authority may delay acting on the permit application for the accessory dwelling unit until the
applicable approving authority acts on the permit application to create the new single-family dwelling,
but the application to create the accessory dwelling unit shall be considered without discretionary review
or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the
delay.
9.35.070 Findings for Approval
Prior to approving an application for an Accessory Dwelling Unit Permit, the approving authority shall
make all the following findings:
A. The Accessory Dwelling Unit is consistent with the adopted General Plan and any
applicable specific plan.
B. The Accessory Dwelling Unit meets all applicable standards for development of Chapter
9.295 Special Housing Types.
9.35.080 Notice of Decision
Written notice of decision shall be provided within three business days of the date of decision to
the applicant and interested parties having requested such notices in writing. The Notice of Decision shall
include:
A. The application request as acted upon by the Director.
B. The action taken by the Director.
C. Findings as listed for the permit.
9.35.090 Effective Date
Accessory Dwelling Unit Permits shall become effective on the date an approval is issued by the approving
authority.
9.35.100 Appeals
Accessory Dwelling Unit Permits are ministerial and are not subject to appeal.
9.35.110 Expiration
An approved Accessory Dwelling Unit Permit shall expire three years from the date the approval was
granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits,
Expiration, and Extensions).
9.35.120 Extension of Time
Accessory Dwelling Unit Permits may be extended in accordance with Subsection 9.30.110.C
(Permit Extensions).
9.35.130 Modifications
Modifications to an approved Accessory Dwelling Unit Permit shall be processed as a new application.
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Chapter 9.85 Reasonable Accommodation
Contents:
9.85.010 Purpose
9.85.020 Applicability
9.85.030 Application and Required Fees
9.85.040 Approving Authority
9.85.050 Public Hearing and Notice
9.85.060 Conditions of Approval
9.85.070 Findings for Approval
9.85.080 Notice of Decision
9.85.090 Effective Date
9.85.100 Appeals
9.85.110 Expiration
9.85.120 Extension of Time
9.85.130 Modifications
9.85.140 Consideration Factors
9.85.010 Purpose
It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California
Fair Employment and Housing Act (hereafter “fair housing laws”), to provide individuals with disabilities
reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing
and facilitate the development of housing for individuals with disabilities. This chapter establishes a
procedure for making requests for reasonable accommodation in land use, zoning and building
regulations, and policies, practices and procedures of the City to comply fully with the intent and purpose
of fair housing laws.
9.85.020 Applicability
A request for reasonable accommodation may be made by any individual with a disability, his or her
representative, or a developer or provider of housing or commercial services to individuals with
disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure
acts as a barrier to fair housing opportunities.
9.85.030 Application and Required Fees
A. Application Filing and Processing. Applications for a Reasonable Accommodation shall be filed and
processed in accordance with the applicable procedures contained in Chapter 9.30 (Common
Application Processing Procedures).
B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020
(Applications and Fees).
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9.85.040 Approving Authority
Applications for a Reasonable Accommodation shall be reviewed and approved by the designated
approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals).
The designated approving authority is authorized to approve, conditionally approve, alter, or deny
applications for a Reasonable Accommodation. The designated authority shall make a determination on
the application for Reasonable Accommodation within 30 days from receipt of the application. Should
additional information, consistent with fair housing laws, be requested from the applicant, the 30-day
time period for making a determination on the application shall be suspended until the additional
information is provided. If the approving authority fails to make a determination within the effective 30
days, the application shall be deemed approved. While a request for reasonable accommodation is
pending, all laws and regulations otherwise applicable to the property that is the subject of the request
shall remain in full force and effect.
9.85.050 Public Hearing and Notice
No public hearing is required prior to taking action on an application for a Reasonable Accommodation.
9.85.060 Conditions of Approval
In approving an application for a Reasonable Accommodation, the approving authority may impose
reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency
with the goals and policies of the adopted General Plan, and justify making the necessary findings. The
approving authority may approve alternative reasonable accommodations that provide an equivalent
level of benefit to the applicant.
9.85.070 Findings for Approval
Prior to approving an application for Reasonable Accommodation, the approving authority shall make all
the following findings:
A. The housing, which is the subject of the request for reasonable accommodation, will be used by
an individual with disabilities protected under fair housing laws.
B. The requested accommodation is necessary to make housing available to an individual with
disabilities protected under the fair housing laws.
C. The requested accommodation would not impose an undue financial or administrative burden on
the City, as “undue financial or administrative burden” is defined in fair housing laws.
D. The requested accommodation will not result in a fundamental alteration in the nature of the City’s
zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case
law.
E. The requested accommodation will not, under the specific facts of the case, result in a direct threat
to the health or safety of the public, including an “Attractive Nuisance,” “Fire Hazard,” or “Public
Nuisance” as defined by Section 11.20.010 Definitions of the Menifee Municipal Code.other
individuals or substantial physical damage to the property of others.
9.85.080 Notice of Decision
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Written notice of decision shall be provided within three business days of the date of decision to the
applicant by certified mail and to interested parties who have requested notices in writing. The notice
shall include:
A. The application request as acted upon by the Director.
B. The action taken by the Director.
C. Findings as listed for the permit.
D. The deadlines, criteria and fees for filing an appeal.
9.85.090 Effective Date
Reasonable Accommodations shall become effective on the date of approval unless a timely appeal has
been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final
action is taken on the appeal.
9.85.100 Appeals
Actions taken on an application for a Reasonable Accommodation are subject to appeal. Appeals shall be
processed in accordance with Section 9.30.100 (Appeals), except that the period for filing an appeal of an
action taken on an application for a Reasonable Accommodation shall be 30 days from the date of
decision.
9.85.110 Expiration
Reasonable Accommodations shall expire one year from the date the approval was granted, unless the
permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and
Extensions).
9.85.120 Extension of Time
The expiration date of a Reasonable Accommodation may be extended in accordance with Subsection
9.30.110.C (Permit Extensions).
9.85.130 Modifications
Modifications to an approved Reasonable Accommodation shall be processed as a new application.
9.85.140 Consideration Factors
A. Necessity of Accommodation. The City may consider, but is not limited to, the following factors in
determining whether the requested accommodation is necessary to provide one or more
individuals with a disability an equal opportunity to use and enjoy a dwelling:
1. Whether the requested accommodation will affirmatively enhance the quality of life of one
or more individuals with a disability;
2. Whether the individual or individuals with a disability will be denied an equal opportunity to
enjoy the housing type of their choice absent the accommodation;
3. In the case of a residential care facility, whether the requested accommodation is necessary
to make facilities of a similar nature or operation economically viable in light of the
particularities of the relevant market and market participants; and
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4. In the case of a residential care facility, whether the existing supply of facilities of a similar
nature and operation in the community is sufficient to provide individuals with a disability an
equal opportunity to live in a residential setting.
B. Fundamental Alteration to Zoning Program. The City may consider, but is not limited to, the
following factors in determining whether the requested accommodation would require a
fundamental alteration in the nature of the City’s zoning program:
1. Whether the requested accommodation would fundamentally alter the character of the
neighborhood;
2. Whether the requested accommodation would result in a substantial increase in traffic or
insufficient parking;
3. Whether the requested accommodation would substantially undermine any express purpose
of either the city’s general plan or an applicable specific plan; and
4. In the case of a residential care facility, whether the requested accommodation would create
an institutionalized environment due to the number of and distance between facilities that
are similar in nature or operation.
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Chapter 9.125 Agricultural and Rural Residential Zones
Contents:
9.125.010 Purpose
9.125.020 Description and Intent of Zone
9.125.030 Allowed Uses and Approval Requirements
9.125.040 Development Standards
9.125.010 Purpose
The purpose of this chapter is to establish agricultural and rural zones that provide appropriate locations
for agricultural, rural mountainous, rural residential uses. These zones are consistent with and implement
the adopted General Plan.
9.125.020 Description and Intent of Zone
The following descriptions identify the characteristic uses, intensity of uses, and level of development
intended for each zone:
A. Agricultural (AG). Agricultural land including row crops, groves, nurseries, dairies, poultry farms,
and other related uses. One single-family detached residence allowed per 10 acres except as
otherwise specified by a policy or zoning.
B. Rural Mountainous (RM). Single-family detached residences with a minimum lot size of 10 acres.
Generally characterized as areas of at least 10 acres where there are extensive areas of steep
slopes of 25% or greater. Allows limited animal keeping, agriculture, recreational uses,
governmental uses.
C. Rural Residential, 5-acre minimum (RR5). Single-family detached residences with a minimum lot
size of 5 acres. Animal keeping, and agricultural uses are expected and encouraged; also allows
recreational uses and governmental uses.
D. Rural Residential, 2-acre minimum (RR2). Single-family detached residences on parcels of 2 to 5
acres. Limited agriculture and equestrian and animal keeping uses are expected and encouraged.
E. Rural Residential, 1-acre minimum (RR1). Single-family detached residences on parcels of 1 to 2
acres. Limited agriculture, equestrian, and animal keeping uses are expected and encouraged.
F. Rural Residential, ½-acre minimum (RR1/2). Single-family detached residences on parcels of ½ to
1 acre. Limited agriculture and animal keeping is permitted. Intensive animal keeping is
discouraged.
9.125.030 Allowed Uses and Approval Requirements
A. Allowed Use Table. Table 9.125.030-1 identifies allowed uses and corresponding approval
requirements for the agricultural and rural zones subject to compliance with all other provisions
of this Title. Descriptions/definitions of many of the land uses can be found in Article 6 of this title
(Definitions). The list of land uses on Table 9.125.030-1 shall be permitted in one or more of the
agricultural or rural residential as indicated in the columns corresponding to each zone.
B. Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A
letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional
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use permit. Where indicated with a “--,” the use is prohibited within the zone. The Additional
Requirements column in the table identifies additional use regulations for specific uses and/or the
specific chapter or section where additional regulations for that use type are located within this
title, where applicable. Uses for which additional requirements are listed shall be allowed only
upon satisfaction of the specified additional requirements. Under no circumstances shall Table
9.125.030-1 authorize a use without satisfaction of such specified additional requirements.
C. Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of
the listed zones. The Community Development Director may make a determination pursuant to
Chapter 9.95 (Similar Use Determination that new uses not listed here that have substantially
similar characteristics to specific listed permitted uses may be considered permitted as the similar
use by right, or conditionally as appropriate.
Table 9.125.030-1 Agricultural and Rural Residential Zones - Allowed Uses and Approval
Requirements
Allowed Use
Additional
Requirements
RESIDENTIAL USES
Accessory Dwelling Unit (ADU) P P P P P P
Chapter 9.35 (Accessory
Dwelling Unit Permit)
and Chapter 9.25
(Special Housing Types)
Bed & breakfast establishment C C C C C C Chapter 9.245 (Bed &
Breakfast Uses)
Congregate care facilities -- -- -- -- C C Chapter 9.270 (Care
Facilities)
Duplex (two-family dwelling) -- -- -- -- -- --
Emergency shelters -- -- -- -- -- --
Employee Housing
6 or fewer residents
No more than 12 units or 36 beds
P
P
P
—
P
—
P
—
P
—
P
—
Family day care home, large P P P P P P Chapter 9.60 (Large
Family Day Care Permit)
Family day care home, small P P P P P P
Farmworker Housing
6 or fewer residents
No more than 12 units or 36 beds
P
P
P
—
P
—
P
—
P
—
P
—
Group Residential Facility
6 or fewer residents
7 or more residents
P
—C
P
—C
P
—C
P
—C
P
—C
P
C
9.270 (Community Care
Facilities)
Guest house P P P P P P Chapter 9.295 (Special
Housing Types)
Home Occupation P P P P P P
Chapter 9.255 (Home
Occupation and Home-
Based Business)
Home-Based Businesses P P P P P P
Chapter 9.255 (Home
Occupation and Home-
Based Business)
Junior Accessory Dwelling Unit (JADU) P P P P P P Chapter 9.295 (Special
Housing Types)
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Table 9.125.030-1 Agricultural and Rural Residential Zones - Allowed Uses and Approval
Requirements
Allowed Use
Additional
Requirements
Manufactured Home P P P P P P
Mobile home park -- -- -- -- -- C
Chapter 9.295 (Special
Housing Types)
Multiple family -- -- -- -- -- --
Residential Care Facility -- -- -- -- C C 9.270 (Community Care
Facilities)
Short-term rentals (less than 30 days) -- -- -- -- -- --
Single- family detached P P P P P P
Single-room occupancy units/Efficiency
Units -- -- -- -- -- -- Chapter 9.295 (Special
Housing Types)
Supportive housing CP CP CP CP CP CP
Transitional housing CP CP CP CP CP CP
NON-RESIDENTIAL USES
Animals, Small (e.g. hamsters, rabbits,
chinchillas, and similar sized animals)
Non-Commercial
Commercial
P
C
P
C
P
C
P
C
P
C
P
C
Chapter 9.235 (Animal
Keeping)
Animals, Medium (e.g. sheep, goats, pigs,
and similar sized animals)
Non-commercial
Commercial
P
C
P
C
P
C
P
C
P
--
P
--
Chapter 9.235 (Animal
Keeping)
Animals, Large (e.g. cows, horses,
camels, llamas, and other similar sized
animals)
Non-commercial
Commercial
P
C
P
--
P
C
P
C
P
--
P
--
Chapter 9.235 (Animal
Keeping)
Animal rescue C C C C C -- Chapter 9.235 (Animal
Keeping)
Apiary (non-commercial) P P P P P P Chapter 9.235 (Animal
Keeping)
Aquaculture (commercial raising of fish,
frogs, shellfish, algae, etc.) C C C -- -- -- Chapter 9.235 (Animal
Keeping)
Aviary (non-commercial)
Fewer than 50 birds.
Greater than 50 birds
P
C
P
C
P
C
P
C
P
C
P
C
Chapter 9.235 (Animal
Keeping)
Cemetery or Mausoleum C C C C -- --
Collection Containers -- -- -- -- -- --
Farms and agricultural operations
Non-commercial
Commercial
P
C
C
C
P
C
P
C
P
C
C
C
Fowl, non-crowing (Non-commercial) P P P P P P Chapter 9.235 (Animal
Keeping)
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Table 9.125.030-1 Agricultural and Rural Residential Zones - Allowed Uses and Approval
Requirements
Allowed Use
Additional
Requirements
Fowl, crowing (non-commercial) P P P P P -- Chapter 9.235 (Animal
Keeping)
Future Farmers of America and 4-H
Educational Programs P P P P P P Chapter 9.235 (Animal
Keeping)
Educational Institution C C C C C C
Event Facilities -- -- C C -- --
Golf Courses C C C C C C
Governmental facilities C C C C C C
Kennels and catteries C -- C C C C Chapter 9.235 (Animal
Keeping)
Marijuana dispensaries, mobile
marijuana dispensaries, marijuana
cultivation, and marijuana processing
-- -- -- -- -- --
Nurseries (wholesale and open to the
public) P -- C C C --
Does not include
cultivation of
marijuana/cannabis.
Parks and recreation areas P P P P P P
Petting Zoo P C C C C C Chapter 9.235 (Animal
Keeping
Public utility facilities C C C C C C
Religious Facilities C C C C C C
Shooting Ranges -- -- -- -- -- --
Stable, riding academy, large animal
boarding P -- C C C C Chapter 9.235 (Animal
Keeping)
Vineyards and wineries C C C C C C
Wireless Communication Facilities C C C C C C
Chapter 9.290 (Wireless
Communication
Facilities)
9.125.040 Development Standards
The development standards listed below are the minimum standards for development within the
respective zones.
Table 9.125.040-2 Agricultural and Rural Residential Zones - Development Standards
Standard
Additional
Requirements
LOT DIMENSIONS (Minimum)
Goss Lot Area (Acres) 10 10 5 2 1 0.5
Lot Width (Feet) 100 100 100 80 70 60
Lot Depth (Feet) 150 150 120 100 100 90
Frontage (Feet) 50 50 50 40 40 30
Frontage for a flag lot
(Feet) 40 40 30 30 30 25
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Table 9.125.040-2 Agricultural and Rural Residential Zones - Development Standards
Standard
Additional
Requirements
SETBACKS (Minimum)1
Front Yard (Feet) 40 40 40 25 25 202
Corner Side Yard (Feet) 40 40 20 15 15 15
Interior Side Yard (Feet) 25 25 15 15 10 10
Rear Yard (Feet) 25 25 20 20 20 20
BUILDING HEIGHT (Maximum)
Building Height (Feet) 35 35 35 35 35 35 Chapter 9.160 (General
Development Standards)
BUILDING COVERAGE (Maximum)
Building Coverage
(Percent) 10% 10% 15% 20% 25% 25%
OPEN SPACE COVERAGE (Minimum)
Open Space Required
(Percent) 75% 75% 70% 60% 50% 40%
Private Open
Space/Unit (Sq. Ft) N/A N/A N/A N/A N/A N/A
1. Setback encroachment allowances for architectural features and accessory structures can be found in 9.160.030
2. Side-loaded garages may have a front yard setback of 15 feet.
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Chapter 9.135 Commercial and Industrial Zones
Contents:
9.135.010 Purpose
9.135.020 Description and Intent of Zone
9.135.030 Allowed Uses and Approval Requirements
9.135.040 Development Standards
9.135.010 Purpose
The purpose of this chapter is to establish business districts in the city that provide appropriate locations
for commercial, office, and industrial uses. These districts are consistent with and implement the city’s
General Plan land use categories. These districts provide sufficient and appropriately located land for
general commercial and industrial uses that minimize impacts on residential neighborhoods.
9.135.020 Description and Intent of Zone
The following descriptions of each commercial and industrial zoning district identify the general
characteristic uses, intensity of uses, and type of development intended for that district:
A. Commercial Retail (CR). Allows neighborhood, local, and regional serving retail and service uses.
Hotels are also permitted in this designation. The permissible development density is between the
minimum and maximum floor area ratio (FAR) of 0.20 – 0.35.
B. Commercial Office (CO). Allows a variety of office-related uses, including financial, legal, insurance
and other office services; corporate offices; supporting hotel and ancillary retail uses are also
permitted. The permissible development density is between the minimum and maximum floor
area ratio (FAR) of 0.25 – 1.00.
C. Business Park (BP). Allows industrial and related uses including assembly and light manufacturing,
repair facilities, and business parks, including corporate offices. Employee-intensive uses, including
research and development, technology centers, "clean" industry, and supporting hotel and
ancillary retail uses are also permitted. The permissible development density is between the
minimum and maximum floor area ratio (FAR) of 0.25 – 0.60.
D. Heavy Industry (HI). Allows more intense industrial activities, such as manufacturing uses, that can
generate significant impacts such as excessive noise, dust, and other nuisances. The permissible
development density is between the minimum and maximum floor area ratio (FAR) of 0.15 – 0.50.
(2023-365, 02/01/2023)
9.135.030 Allowed Uses and Approval Requirements
A. Allowed Use Table. Table 9.135.030-1 identifies allowed uses and corresponding approval
requirements for the commercial and industrial zones subject to compliance with all other
provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6
of this title (Definitions). The list of land uses on Table 9.135.030 shall be permitted in one or more
of commercial and industrial zones as indicated in the columns corresponding to each zone.
B. Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A
letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional
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use permit. Where indicated with a “--,” the use is prohibited within the zone. The Additional
Requirements column in the table identifies additional use regulations for specific uses and/or the
specific chapter or section where additional regulations for that use type are located within this
title, where applicable. Uses for which additional requirements are listed shall be allowed only
upon satisfaction of the specified additional requirements. Under no circumstances shall Table
9.135.030-1 authorize a use without satisfaction of such specified additional requirements.
C. Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of
the listed zones. The Community Development Director may make a determination pursuant to
Chapter 9.95 (Similar Use Determination) that new uses not listed here that have substantially
similar characteristics to specific listed permitted uses may be considered permitted as the similar
use by right, or conditionally as appropriate.
Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements
Adult businesses -- -- -- -- See Ordinance XX
Airport -- -- -- C
Ambulance services C C P P
Amusement arcade P -- C --
Amusement park, (including multiple
activities such as simulated flying,
racing, mini-golf, etc.)
Indoor
Outdoor
P
C -- P
C --
Animals, Small (e.g. hamsters, rabbits,
chinchillas, and similar sized animals)
Non-Commercial
Commercial
P
--
P
--
P
--
P
--
Chapter 9.235 (Animal
Keeping)
Animal hospitals and veterinary services
(with outdoor facilities)
P
C
--
P
C
C
--
Animal Rescue -- -- C C Chapter 9.235 (Animal
Keeping)
Antique shops, pawn shops, thrift stores P -- C -- Outside collection bins
prohibited
Art gallery, library, reading room,
museum. P P -- --
Art supply shops and studios. P P P --
Auction Houses P -- P --
Auditoriums, event centers and
assembly areas, including live
entertainment:
Indoor
Outdoor
P
C
C
--
P
C
--
--
Bakery goods distributors. P -- P P
Bakery shops, Coffeehouse, Cybercafé,
Delicatessens, Ice cream shops P P P --
Banks and financial institutions. P P P --
Banquet facilities. C -- C --
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Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements
Batting cages – indoor
Outdoor
P
C -- C
C --
Billiard and pool halls, Bowling alleys P -- P -- Chapter 9.250 (Alcohol
Sales)
Breweries, distilleries, and wine making
facilities with on-site tasting room and
sales for off-site consumption
C -- P -- Chapter 9.250 (Alcohol
Sales)
Business services P P P --
Car washes P -- C
Caretaker residence or on-site operator
residence, only as accessory to primary
use
C C C C
Catering services P -- P --
Cemeteries and mausoleums -- -- C C
Clinics, including but not limited to
medical and urgent care C C C --
Collection Containers -- -- -- --
Commercial television and radio
broadcast structures -- -- -- P
Concrete batch plants and asphalt plants -- -- -- C
Congregate care facility -- C C --
Chapter 9.270
(Community Care
Facilities)
Contractor, landscape and building
materials storage yard -- -- C C
Convenience stores, not including the
sale of motor vehicle fuel P -- P --
Dance Halls, night clubs, discos,
cabarets, cocktail lounges, lodges and
incidental dancing areas, and similar
facilities where dancing is the principal
use
C -- C -- Chapter 9.250 (Alcohol
Sales)
Day Care Center P C C --
Chapter 9.270
(Community Care
Facilities)
Department stores P -- P --
Drug Store P P -- --
Dry cleaning and laundromats (except
uniform supply and industrial
launderers);
P C C --
Educational Institution C C C C
Emergency shelters -- -- -- P
As mandated by State
law and City Housing
Element. Chapter 9.295
(Special Housing
Types)In locations
specified in the Housing
Element
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Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements
Battery Energy Storage Facility, Utility
Scale -- -- C C Chapter 9.297 (Energy
Storage Facilities)
Equipment sales and rental, Large
(including large vehicles, trucks with
beds over 18 feet in length, eighteen
plus (18+) wheelers, and construction
equipment)
-- -- -- C
Equipment sales and rental, Small
(including rototillers, power mowers,
sanders, power saws, cement and
plaster mixers not exceeding 20 cubic
feet in capacity and other similar
equipment)
P -- C C
Fast food/quick service, with drive-
through C C C --
Fast food/quick service, without drive-
through P P P --
Feed and grain sales C -- -- P
Fertilizer production and processing
(organic or inorganic) -- -- -- C
Funeral parlor, mortuary with
crematorium -- C C --
Funeral parlor, mortuary without
crematorium P C C --
Gas station with/without convenience
store, with or without alcoholic
beverage sales, and with or without car
wash
C -- C C
General retail P -- -- --
General warehousing, distribution
centers, and storage (except noxious,
explosives, or dangerous materials)
-- -- -- P
Golf Course -- -- -- --
Golf driving range (not in association
with full scale course) C -- C --
Governmental facility P P P P
Grocery Store P -- -- -- Chapter 9.250 (Alcohol
Sales)
Hardware and Building Supplies
without outdoor sales/storage
with outdoor sales/storage
P
C
--
--
P
C
P
C
Health, fitness, dance, martial arts
studio
<5,000 sq.ft.
>5,000 sq.ft
P
C
C
C
P
C --
Heliports -- -- C C
Hospital C C -- --
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Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements
Hotels and resort hotels P C C --
Kennel or cattery -- -- C C Chapter 9.235 (Animal
Keeping)
Laboratories, research and development P P P --
Live/work units C C C --
Lumber yard -- -- -- C
Manufacturing, Handcraft P P P P
Manufacturing, Light-Intensity -- C P P
Manufacturing, Medium-Intensity -- C C P
Manufacturing, Heavy-Intensity -- -- -- P
Marijuana dispensaries, mobile
marijuana dispensaries, marijuana
cultivation, and marijuana processing
-- -- -- --
Massage Establishment C C -- --
Material storage yard -- -- C P
Membership clubs, organizations, and
lounges C C C --
Mobile home sales and storage, trailer
sales and rental house trailers C -- C C
Motels C -- -- --
Motocross Facilities, Bicycle (BMX)
course -- -- -- --
Motor vehicle body, paint and
upholstery shops C -- C P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle parts and supply stores P -- C --
Motor vehicle repair/services (e.g. tune-
ups, emission tests, brakes, tires,
batteries, electrical)
P -- C P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle repairs/services - major
(e.g., engine and transmission
repair/rebuild, etc.)
-- -- C P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle sales and rental (including
outdoor display area and repairs
associated with sales)
C -- C --
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle wholesale, with no
outdoor display P P P P
Motor vehicle impound, wrecking and
junk yards -- -- -- C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle, trailer or boat storage -- -- C (indoor
only) C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
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Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements
Multi-family dwellings in commercial
zones per AB 2011 & SB 6 P P -- --
Chapter 9.295 (Special
Housing Types) must
meet affordable or
mixed income criteria
per AB 2011 or criteria
per SB 6.
Nurseries and garden supply, indoor and
outdoor (retail sales only) P -- -- P
Does not include
cultivation of
marijuana/cannabis.
Offices, professional and medical P P P --
Parking lots and parking structures P P P P
Personal and Professional Services P -- P --
Public utility substations and storage
buildings -- -- -- P
Radio and television broadcasting and
recording studios P -- P --
Recreational vehicle, trailer and mobile
home sales and rental. C -- C C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Recycling collection facilities C -- C C Chapter 9.280
(Recycling Facilities)
Recycling processing facilities -- -- C C Chapter 9.280
(Recycling Facilities)
Religious institutions P P P P
Restaurant P P P P Chapter 9.250 (Alcohol
sales)
Residential care facility -- C -- --
Chapter 9.270
(Community Care
Facilities)
Restaurants with breweries, distilleries
and/or wine making facilities with sales
for on-site and off-site consumption
C C C C Chapter 9.250 (Alcohol
sales)
Self-Storage, public storage facilities C -- C P
Shooting range; Indoor -- -- C --
Shooting range; Outdoor -- -- -- --
Simulated shooting games, Indoor (laser
tag, etc.) C -- C --
Simulated shooting games, Outdoor
(paintball, etc.) -- -- -- --
Solid Waste Disposal -- -- -- C
Specialized Retail P -- P --
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Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements
Sports and recreational facilities (not
including motor driven vehicles and
riding academies, but including archery
ranges, athletic playgrounds, athletic
fields, sports arenas, skating rinks, skate
parks stadiums, and commercial
swimming pools)
Indoor
Outdoor
P
C
--
--
C
C
--
--
Studios for professional work in or
teaching of any form of fine arts P C P --
Swap Meets (Indoor only) C -- -- C All activities must be
conducted indoors.
Tattoo Establishments C C C -- Chapter 9.265 (Tattoo
Establishments)
Theater C -- C --
Tourist information centers P P P --
Towing services (with tow truck parking
- no auto storage) -- -- P P
Towing services (with tow truck parking
and auto storage) -- -- -- C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Transportation Stations (bus, railroad
and taxi) P P P P
Trucking and freighting operations -- -- -- C
Uniform supplier and industrial
launderers -- -- C P
Utility offices, uses, and structures P P P P
Vehicle storage and impoundment
within an enclosed building -- -- P P
Vocational/trade school; C -- P C
Warehouse/club store, Standalone
facility 50,000 sq. ft. or larger C -- C --
Wholesale businesses with samples on
the premises but not including storage P -- P --
Wholesale stores and distributors -- -- C --
Wireless Communication Facilities C C C C
Chapter 9.290
(Wireless
Communications
Facilities)
(2022-351, 09/21/2022;2022-356, 10/05/2022;2023-365, 02/01/2023;2023-369, 04/05/2023)
9.135.040 Development Standards
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The development standards listed below are the minimum standards for development within the
respective zones. Separate development standards have been established for developments on a single
lot and for those commercial shopping centers or industrial planned developments which multiple
structures on one or more lots.
Table 9.135.040-1 Commercial and Industrial Zones - Development Standards
for Developments within Planned Shopping Centers or Industrial Parks
Standard Additional Requirements
MINIMUM LOT DIMENSIONS
Net Lot Area (Acre) 5 5 10 10
FLOOR AREA RATIO
Minimum 0.20 0.25 0.25 0.15
Maximum 0.35 1.0 0.60 0.50
YARDS/SETBACKS (Minimum)
Yard Adjacent to Street (Feet):
Arterial/Major/Secondary/Expressways1
Collector
Local
25
20
15
25
20
15
25
20
15
25
20
15
Yard Adjacent to Residential Zone (Feet) 25 25 50 50
Interior Side Yard (Feet) 0 0 0 0
Rear Yard (Feet) 15 10 10 25
Minimum Building Separation (Feet):
One story:
Two stories:
Three or more stories:
10
15
20
15
20
25
15
20
25
15
20
25
BUILDING HEIGHT (Maximum)
Principal Building (Feet) 50 50 50 50
BUILDING COVERAGE (Maximum)
Building Coverage (Percent) 30% 50% 40% 40%
OPEN SPACE COVERAGE (Minimum)
Landscaped Open Space Required (Percent) 20% 25% 25% 20%
FENCES, WALLS, HEDGES, SCREENING
Fence wall or hedge – maximum height
(feet) 6 6 6 6
Fence wall or hedge screening outdoor
storage –minimum/max height (feet) 6/8 N/A 6/12 6/12
Notes:
1. Roadway classifications per the General Plan Circulation Element
Table 9.135.040-2 Commercial and Industrial Zones - Development Standards
for Development on Separate Lots
Standard Additional Requirements
MINIMUM LOT DIMENSIONS
Net Lot Area (Square Feet)1 -- 20,000 20,000 10,000
Lot Width (Feet) -- 100 100 75
Frontage (Feet) 30 60 80 80
FLOOR AREA RATIO2
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Minimum 0.20 0.25 0.25 0.15
Maximum 0.35 1.0 0.60 0.50
YARDS/SETBACKS (Minimum)
Yard Adjacent to Street (Feet):
Arterial
Collector
Local
25
20
15
25
20
15
25
20
15
25
20
15
Yard Adjacent to Residential Zone (Feet) 25 25 50 50
Interior Side Yard (Feet) 0 0 0 0
Rear Yard (Feet) 15 10 10 25
BUILDING HEIGHT (Maximum)
Principal Building (Feet) 50 50 40 40
BUILDING COVERAGE
Maximum (Percent) 30% 50% 40% 40%
OPEN SPACE COVERAGE (Minimum Percent)
Landscaped Open Space Required (Percent) 20% 25% 25% 20%
FENCES, WALLS, HEDGES, SCREENING (Feet)
Fence wall or hedge – maximum height
(Feet) 6 6 6 6
Fence wall or hedge screening outdoor
storage –minimum/max height (Feet) 6/8 N/A 6/12 6/12
1. All legal commercial and industrial lots in existence prior to the adoption of this ordinance shall be treated as conforming lots with
respect to lot sizes.
1.2. See Section 9.295.025 Multifamily Housing in Commercial Zones to determine density allowed in commercial zones subject to
AB2011 and SB6.
(Ord. No. 2022-351, 09/21/2022)
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Chapter 9.140 Economic Development Corridor Zones
Contents:
9.140.010 Purpose
9.140.020 Description and Intent of Zone
9.140.030 Allowed Uses and Approval Requirements
9.140.040 Development Standards
9.140.050 Special Requirements for Mixed Uses and Residential Uses in Economic
Development Corridor Zones
9.140.010 Purpose
The purpose of this chapter is to establish business districts in the City that provide appropriate locations
for commercial, office, industrial and economic development. These districts are consistent with and
implement the City’s General Plan.
9.140.020 Description and Intent of Zone
The following descriptions identify the characteristic uses, intensity of uses, and level of development
intended for each zone:
A. Economic Development Corridor Northern Gateway (EDC-NG). Envisioned as a business park area
with more intensive industrial uses (less office) than envisioned for the Scott Road EDC area.
Provides a buffer and transition between the commercial uses in Perris to the north and the
residential uses in Menifee, south of McLaughlin Road.
B. Economic Development Corridor McCall Boulevard (EDC-MB). Envisioned as a mix of office,
medical, and residential uses (assisted living, senior apartments, townhomes, etc.) that would be
compatible with the Regional Medical Center and would provide health-related services in close
proximity to Sun City residents.
C. Economic Development Corridor Community Core (EDC-CC). The Community Core is envisioned
as the City’s primary activity center and gathering place. Civic and entertainment uses are
envisioned here that are complemented with commercial retail uses and higher density housing
options that encourage walkability and reduce the use of the automobile. This area is intended to
function as the ceremonial “heart” or downtown of the City of Menifee and will serve as a
transition from existing rural lots to more concentrated retail and office development moving east
toward I-215.
D. Economic Development Corridor Newport Road (EDC-NR). The Newport Road Corridor is
intended to provide neighborhood-oriented commercial uses that support the adjacent residential
development to the north and south. Business park, office, or residential uses are envisioned along
Bradley Road, to provide a buffer the commercial corridor and a logical transition to the adjacent
single-family residential neighborhoods to the north.
E. Economic Development Corridor Southern Gateway (EDC-SG). Southern Gateway will feature a
business park style of development consisting of light industrial and office uses, with commercial
use opportunities. The objective is to allow development while preserving the rural character of
the Southern Gateway area.
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9.140.030 Allowed Uses and Approval Requirements
A. Allowed Use Table. Table 9.140.030-1 identifies allowed uses and corresponding approval
requirements for the EDC zones subject to compliance with all other provisions of this Title.
Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions).
The list of land uses, with the exception of prohibited uses, on Table 9.140.030-1 shall be permitted
in one or more of the EDC zones as indicated in the columns corresponding to each zone.
B. Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A
letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional
use permit. Where indicated with a “--,” the use is prohibited within the zone. The Additional
Requirements column in the table identifies additional use regulations for specific uses and/or the
specific chapter or section where additional regulations for that use type are located within this
title, where applicable. Uses for which additional requirements are listed shall be allowed only
upon satisfaction of the specified additional requirements. Under no circumstances shall Table
9.140.030-1 authorize a use without satisfaction of such specified additional requirements
C. Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of
the listed zones. The Community Development Director may make a determination pursuant to
Chapter 9.95 (Similar Use Determination) that new uses not listed here that have substantially
similar characteristics to specific listed permitted uses may be considered permitted as the similar
use by right, or conditionally as appropriate.
Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements
Accessory dwelling units P P P P P As allowed by State law
Adult businesses -- -- -- -- -- See XX (Adult Use
Ordinance)
Airport C -- -- -- --
Ambulance services P C C C P
Amusement and game arcade -- -- P C P
Amusement park(including multiple
activities such as simulated flying,
racing, mini-golf, etc.)
Indoor
Outdoor
P
--
C
--
C
C
C
C
P
--
Art gallery, art studio, library, reading
room, museum P P P P P
Auction Houses:
Indoor
Outdoor
P
C
P
--
P
--
P
--
P
--
Auditoriums, event centers and
assembly areas, including live
entertainment:
Indoor
Outdoor
C
--
C
C
P
C
C
--
P
--
Chapter 9.250 (Alcohol
Sales)
Banks and financial institutions P P P P P
Batting cages – indoor
Outdoor
P
C
P
C
P
C
P
C
P
C
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Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements
Billiard and pool halls, Bowling alleys P C P C P Chapter 9.250 (Alcohol
Sales)
Breweries, distilleries, and wine making
facilities with on-site tasting room and
sales for off-site consumption
P P P P P Chapter 9.250 (Alcohol
Sales)
Business Services P P P P P
Car washes P C C P --
Caretaker residence or on-site operator
residence, only as accessory to primary
use
P -- -- -- P
Catering services P C C C P Includes truck parking
Cemeteries, crematories and
mausoleums C C -- C C
Clinics, including but not limited to
medical and urgent care. P P P P P
Collection Containers -- -- -- -- --
Commercial radio and television
broadcasting C C C C C
Community center P P P P P
Concrete batch plants and asphalt
plants -- -- -- -- --
Congregate care facility -- C C C --
Chapter 9.270
(Community Care
Facilities)
Contractor, landscape and building
materials storage yards (new) -- -- -- -- --
Contractor, landscape and building
materials storage yards (legally existing
as of the effective date of this
ordinance)
C -- -- -- C
Convalescent hospital/care facility -- P C C C
Dance Halls, night clubs, discos,
cabarets, cocktail lounges, lodges and
incidental dancing areas, and similar
facilities where dancing is the principal
use
C C C C C Chapter 9.250 (Alcohol
Sales)
Day Care Center C C C C C
Chapter 9.270
(Community Care
Facilities)
Dry cleaning and laundromat (except
uniform supply and industrial
launderers);
-- C P P C
Educational Institution C C C C C
Emergency shelters 1 P P P P P
As mandated by State
law and City Housing
Element. See footnote1
below.Chapter 9.295
(Special Housing Types)
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Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements
Equipment (new) sales, Large (including
large vehicles, trucks with beds over 18
feet in length, eighteen plus (18+)
wheelers, and construction equipment)
P -- -- -- C
May not be located
within 1,000 feet of the
freeway right-of-way.
Equipment (new) sales Small (including
rototillers, power mowers, sanders,
power saws, cement and plaster mixers
not exceeding 20 cubic feet in capacity
and other similar equipment)
P C C C C
May not be located
within 1,000 feet of the
freeway right-of-way.
Fast food/quick service, with drive-
through; C C C C C
Fast food/quick service, without drive-
through P P P P P
Feed and grain sales C -- -- P C
Fertilizer production and processing
organic or inorganic -- -- -- -- --
Gas station with or without a
convenience store, with or without
alcoholic beverage sales, and with or
without car wash
C C C C C
Chapter 9.250 (Alcohol
Sales).
In SG-May not be
located south of Scott
Road.
General Retail P P P P P
Golf Course -- C C C --
Golf driving range (not in association
with full scale course) C C C C C
Governmental facility P P P P P
Grocery Store, Drug Store P P P P P Chapter 9.250 (Alcohol
Sales)
Guns and ammunition store C -- C C C
Hardware or Building Supplies Sales
without outdoor sales/storage
with outdoor sales/storage
P
C
P
C
P
C
P
C
P
C
Health, fitness, dance, martial arts
studio
<5,000 sq.ft.
>5,000 sq.ft
P
C
P
C
P
C
P
C
P
C
Heliports C C C C C
Hospital C C C C C
Hotels and resort hotels P P P P P
Kennel or cattery C C C C C Chapter 9.235 (Animal
Keeping)
Live/work units (2) C C C C C
Low Barrier Navigation Center P P P P P Chapter 9.295 (Special
Housing Types)
Manufacturing, Handcraft P C P C P
Manufacturing, Light-Intensity P C P C P
Manufacturing, Medium-Intensity P -- -- -- P
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Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements
Manufacturing, Heavy-Intensity C -- -- -- --
Marijuana dispensaries, mobile
marijuana dispensaries, marijuana
cultivation, and marijuana processing
-- -- -- -- --
Massage Establishment P C C C C
Meat packaging plants, poultry and egg
processing, processing and rendering of
fats and oils
-- -- -- -- --
Membership clubs, organizations, and
lounges C C C C C
Mobile home sales and storage, trailer
sales and rental house trailers C -- -- -- --
Motocross Facilities, Bicycle (BMX)
course C -- -- -- --
Motor vehicle body, paint and
upholstery shops P C -- C C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle repair/services (e.g. tune-
ups, emission tests, brakes, tires,
batteries, electrical
P P C P P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle repairs - major (e.g.,
engine and transmission repair/rebuild,
etc.)
C C -- C C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle sales and rental
(including outdoor display area and
repairs associated with sales):
Automobiles Sales
Automobile Rental
Boats and RVs Sales and Rental
C
C
C
C
C
C
C*
C
C
C
C
C
C
C
C
Chapter 9.240 (Motor
Vehicle and Related
Uses).
*P - Permitted in the
EDC-CC Auto Overlay
Motor vehicle wholesale, with no
outdoor display C -- -- -- --
Motor vehicle wrecking and junk yards -- -- -- -- --
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle, trailer or boat storage –
Indoor
Outdoor
--
--
--
--
--
--
--
--
--
--
Motorcycle sales/service C P C P P
Multi-family dwellings C C C C C
Subject to Section
9.140.050 (Special
Requirements for
Mixed Uses and
Residential Uses in EDC
Zones). May not be
located within 1,000
feet of the I-215 right-
of-way.
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Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements
Multi-family dwellings in commercial
zones per AB 2011 & SB 6. -- P P P --
Chapter 9.295 (Special
Housing Types) must
meet affordable or
mixed income criteria
per AB 2011 or criteria
per SB6.
Natural gas, above ground storage C -- -- -- C
Nurseries and garden supply, indoor
and outdoor (retail sales only) C C C C C
Does not include
cultivation of
marijuana/cannabis.
No outdoor bulk
materials.
Offices (professional and medical) P P P P P
Outdoor dining P P P P P
Chapter 9.260
(Outdoor Sales,
Display, and Dining)
Parking lots and parking structures. P C C P P
Personal Services C P P P C
Pet shops, pet supply, and pet care and
grooming P P P P P
Public utility substations, offices and
storage buildings P P P P P
Recording studios P P P P P
Recycling collection facilities C C -- C C
Chapter 9.280
(Recycling Facilities);
May not be located
within 1,000 feet of the
freeway right-of-way.
Recycling processing facilities C -- -- -- --
Chapter 9.280
(Recycling Facilities);
May not be located
within 1,000 feet of the
freeway right-of-way.
Religious Institutions C C C C C
Research and development (except
noxious, explosives, or dangerous
materials)
P -- P -- P
Residential care facility C C C C C
May not be located
within 1,000 feet of the
I-215 right-of-way.
Restaurants P P P P P Chapter 9.250 (Alcohol
sales)
Restaurants with ancillary breweries,
distilleries and/or wine making facilities
with sales for on-site and off-site
consumption
P P P P P Chapter 9.250 (Alcohol
sales)
Self-Storage, public storage facilities
(new) -- -- -- -- --
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Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements
Self-Storage, public storage facilities
with or without manager's residence
onsite (existing as of the effective date
of this ordinance)
C C C C C
May expand only
within the footprint of
the existing
development/property.
Shooting range; Indoor P C C C C
Shooting range; Outdoor -- -- -- -- --
Single-family residences C C C C C
Requires tentative
tract map approval.
May not be located
within 1,000 feet of the
I-215 right-of-way.
Smoking Lounge C C C C C
Solid Waste Disposal -- -- -- -- --
Sports and recreational facilities (not
including motor driven vehicles and
riding academies, but including archery
ranges, athletic playgrounds, athletic
fields, sports arenas, skating rinks, skate
parks, stadiums, and commercial
swimming pools)
C C C -- C
Supportive Housing C C C C C
Swap Meets (Indoor only) -- -- -- -- --
Tattoo Establishments C C C -- -- Chapter 9.265 (Tattoo
Establishments)
Theaters C C P C P
Transitional Housing C C C C C
Towing services (with tow truck parking,
no auto storage) p C -- -- C
Truck stops -- -- -- -- --
Trucking and freighting operations C C -- -- C
Vocational/trade school; P C C C P
Warehouse (except noxious, explosives,
or dangerous materials)
Fulfillment Center
Warehousing, logistics and
distribution facility
P
P
--
--
--
--
--
--
--
--
Warehouse/club store, Standalone
facility 50,000 sq. ft. or larger C C C C C
Warehouse/club store, Standalone
facility under 50,000 sq. ft. P P P P P
Wedding chapels C C C C C
Wholesale businesses with samples on
the premises but not including storage. P P P P P
Wholesale stores and distributors C C C C C
Wireless Communication Facilities C C C C C
Chapter 9.290
(Wireless
Communication
Facilities)
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Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements
Allowed Use
Additional
Requirements
FOOTNOTES:
1. Emergency Shelters shall:
A. Provide on-site facilities management personnel during all hours that the emergency shelter is in operation.
B. Be located no less than 300 feet from another emergency shelter.
C. Provide adequate lighting to illuminate the entire outdoor and parking areas of the property.
D. Provide security during all hours that the emergency shelter is in operation.
(2022-337, 03/16/2022;2022-351, 09/21/2022;2023-365, 02/01/2023)
9.140.040 Development Standards
The development standards listed below are the minimum standards for development within the
respective zones.
Table 9.140.040-2 Economic Development Corridors Zones - Development Standards
Standard
Additional
Requirements
LOT DIMENSIONS (Minimum)
Net Lot Area (Sq. Ft.) 15,000 15,000 15,000 10,000 20,000
FLOOR AREA RATIO
Maximum 1.0 1.0 1.0 1.0 1.0
YARDS/SETBACKS (Minimum)
Front Yard 25 25 25 25 25
Mixed Use Setback
Requirements:
9.40.080.B
Yard Adjacent to Residential Zone
(Feet) 25 25 25 25 25
No buildings or structures
shall be located within an
encroachment plane
sloping upward and
inward to the site at a 45-
degree angle,
commencing 15 feet
above the existing grade
at the property line (see
Figure 9.140-1: Rear or
Side Yard Setback and
Encroachment Plane on a
Residentially Zoned Lot).
Interior Side Yard (Feet) -- -- -- -- --
Street Side Yard Setback 15 15 15 15 25
Rear Yard (Feet) 10 15 15 15 10
BUILDING HEIGHT (Maximum)
Building Height (Feet) 100 45 75 45 75
BUILDING COVERAGE (Maximum)
Building Coverage (Percent) -- -- -- -- --
OPEN SPACE COVERAGE (Minimum)
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Table 9.140.040-2 Economic Development Corridors Zones - Development Standards
Standard
Additional
Requirements
Landscaped Open Space Required
(Percent):
10% 10% 10% 10% 10%
Percent of the total lot
area excluding that
portion of the lot
contained within the
required front setback
area.
FENCES, WALLS, HEDGES, SCREENING (Feet)
Fence wall or hedge – maximum
height (Feet) 6 6 6 6 6
Fence wall or hedge screening
outdoor storage –minimum/max
height (Feet)
6/12 6/8 6/8 6/8 6/12
Figure 9.140-1: Rear or Side Yard Setback and Encroachment Plane on a Residentially Zoned Lot
9.140.050 Special Requirements for Mixed Uses and Residential Uses in Economic
Development Corridor Zones
A. Intent of Mixed Uses. The mixed-use allowances within the Economic Development Corridor (EDC)
Zones are intended to enhance, revitalize, and provide opportunities for new development in
designated areas of the community. This allows for retail and service commercial businesses (local
and regional) and moderate- to high-density residential uses to be integrated vertically or
horizontally for the benefit of the communityconsistent with the General Plan.
B. Mixed Use Setback Requirements. Within the required front setback area, paved walkways for
pedestrian use shall be augmented with landscaping such as planters and trees. Elements
enhancing the pedestrian experience shall be incorporated into the design of the front setback,
including but not limited to, benches, lighting schemes, and decorative paving.
1. Mixed-use developments where the front lot line abuts a major traffic corridor must have a
minimum front yard setback of 40 feet.
2. Mixed-use developments where the front lot line does not abut a major traffic corridor must
have a minimum front yard setback of 25 feet.
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C. Mixed Use Notification Requirements. The following notification requirements for mixed use
developments in a designated EDC district apply:
1. Residents (owners and tenants) of new residential and mixed-use development projects in an
Economic Development Corridor Zone where residential uses are allowed shall be notified in
writing before taking up residence that they will be living in an urban-type environment and
that noise levels may be higher than a strictly residential area.
2. The conditions of approval of a residential or mixed-use project within an Economic
Development Corridor Zone will require prospective residents to acknowledge the receipt of
the written noise notification. Signatures shall confirm receipt and understanding of this
information.
D. Restrictions on Land Uses and Activities in a Vertically Integrated Mixed-Use Development.
Economic Development Corridor Zones featuring vertically integrated mixed-use developments
shall be subject to the following use limitations:
1. Commercial, office or institutional development component shall comprise a minimum of 0.3
FAR of the overall development.
a. A project consisting entirely of deed-restricted affordable housing will not be required to
have a commercial feature component but shall be limited to the EDC districts’ residential
percentage limit of the City’s General Plan.
b. Commercial storefronts in the Community Core and Southern Gateway Zones are
required along street frontages. Residential development(s) are not allowed street
frontage in these EDC Zones.
c. Live-work units are allowed as part of a mixed-use development. Dwelling areas in multi-
family residential units are not allowed to be devoted solely to a commercial, office, or
production activity.
2. Prohibited Land Uses and Activities in a vertically integrated mixed-use development. The
following activities are prohibited within vertically integrated mixed-use developments:
a. General auto repair including paint or body work, auto maintenance or similar use.
b. Manufacturing or industrial activities, including, but not limited to, welding, machining
or open flame work, except those necessary as part of an art or jewelry producing activity.
c. Any other activity, as determined by the Community Development Director to be
incompatible with residential activities and/or to have the possibility of adversely
impacting the health or safety of residents due to the potential for the use to create late-
night activity, dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or
other impacts, or would be hazardous because of materials, processes, products or
wastes, within individuals units or to adjoining/surrounding units.
3. Loading and unloading activities. Conditions of approval for a mixed-use development shall
indicate the times when the loading and unloading of goods, products, supplies or similar
items will occur. Loading or unloading activities are prohibited between 10:00 p.m. and 7:00
a.m. the following morning on any day of the week.
4. Conversion to Residential. A mixed-use building shall not be converted to entirely residential
use unless the development is consistent with all of the standards of this chapter, including
9.140.050.D.1.b and 9.140.050.E.2 regarding street frontage and freeway adjacency. The
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conversion project proposal must first be reviewed and approved by the Planning
Commission. A certificate of occupancy for the conversion is required.
E. Special Requirements for Residential Uses in EDC Zones. All residential uses in EDC zones shall be
subject to the following provisions:
1. Residential uses shall not exceed 15% of the total Economic Development Corridor acreage.
2.1. Residential developments shall be integrated vertically with non-residential uses and shall not
be are allowed as "stand alone" projects or but not allowed on EDC parcels directly adjacent
to a freeway (residential developments may not be located within 1,000 feet of the I-215 right-
of-way per table above and General Plan).
3.2. New residential developments in the Economic Development Corridor Zones are required to
include a commercial, office or institutional component and/or enter into an agreement with
the City for the development of a commercial, office or institutional facility on another
property within the same Economic Development Corridor Zone and within a specified time
period.
4.3. Residential density limitations are established within the General Plan and are in addition to
other applicable requirements of this chapter.
F. Single Family Residential Developments in EDC Zones. Single Family residential uses in EDC zones
shall be subject to the following requirements:
1. Single-family dwellings existing as of the effective date of the Ord. 2015-180, passed 11-18-
2015 in an Economic Development Corridor Zone shall be considered as permitted uses and
shall be subject to development standards for LDR-2 zone, as set forth in Chapter 9.130 of this
Title or other zone as determined by the Community Development Director.
2. Tract maps approved prior to the effective date of this chapter located within any Economic
Development Corridor Zone shall be considered a permitted residential use and shall be
subject to the appropriate Residential Zone development standards of Chapter 9.130 of this
Title, as determined by the Community Development Director.
3. Single-family residential portions of mixed-use developments shall be subject to the
development standards of the appropriate residential zone in Chapter 9.130, as determined
by the Community Development Director.
G. Multi-Family Residential Developments in EDC Zones. Multi-family residential uses shall be
subject to the development standards of the appropriate zone in Chapter 9.130, as determined by
the Community Development Director.
H. Mixed-Use Multi-Family Developments in EDC Zones. The provisions of this section shall apply to
multi-family residential portions of mixed-use developments in addition to other applicable
requirements of this chapter.
1. Maximum Number of Bedrooms per Unit. No single dwelling unit shall have more than 4
bedrooms, unless otherwise approved by the Planning Commission.
2. Residential Building Separation. Residential developments and residential portions of mixed-
use developments shall meet the minimum building separation requirements as established
below:
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Minimum Building Separation
(Same Recorded Lot)
From 1 story to 1 story building 15 ft.
From 1 story to 2 story building 20 ft.
From 2 story to 2 story building 20 ft.
Additional story either building 20 ft. plus 5 ft. per additional story above 2 for either building
3. Elevation of First Floor. The first habitable floor of a residential-only building shall be located
not more than 4 feet above and not more than one foot below the elevation of the adjacent
sidewalk or the finished grade 8 feet from of the foundation.
4. Open space, recreation and leisure area requirements for residential components of integrated
mixed-use developments. Residential components of mixed-use developments shall provide
open space, recreation, and leisure areas at a minimum of 300 square feet per dwelling unit.
The following spaces shall contribute to the open space, recreation area, and leisure area
requirement:
a. Private Open Space. Private open space shall be provided at each unit. Private open space
may be provided in the form of a patio, yard, balcony or combination thereof and shall
be directly adjacent to and accessible from each unit. Private open space shall have a
minimum area of 90 square feet, with a minimum depth dimension of 6 feet and a
minimum width dimension of 10 feet.
b. Active Recreation Areas.
i. Active recreation areas shall include one or more of the following: spa, pool, indoor
equipped work-out room(s), tennis, volleyball, racquetball courts, basketball half
court, or other similar usable recreational activities as determined acceptable by the
Planning Commission during a discretionary review. Active recreation areas shall be
open to and accessible to all residents of the mixed-use complex. The required active
recreational amenities shall be based on a needs assessment evaluation of the
proposed project. The evaluation shall take into consideration the following criteria:
a. Size and shape of active recreation area;
b. Location and placement of buildings;
c. Diversity of recreational amenities needed based upon anticipated resident
mix;
d. Number of units, size mixture of units, and lot size.
ii. Active recreation areas shall not be less than 20 feet in width or depth. Increased
dimensions may be required through the discretionary review process based upon
specific project circumstances and the intended use of that active recreation area.
iii. Active recreation areas may be located indoors, in outdoor portions of habitable
levels, or on roof decks. Active recreational areas located in this manner shall not
contribute more than 50% of the required open space, recreation, and leisure areas,
unless otherwise approved by the Planning Commission.
iv. Active recreation areas shall be buffered from adjacent residentially zoned lots.
Active recreation areas that feature such activities as pools, spas, court activities
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shall be placed and operated so as not to infringe upon the peacefulness of nearby
residential units or adjoining residential properties.
c. Passive Recreation Areas. Passive recreation areas shall incorporate pathways,
waterscape, hardscape (i.e., large rocks or boulders, benches, gazebos, raised planters
constructed on site of bricks, concrete or rocks, or other materials) and unique features
that enhance the appearance, desirability and usability of the area. The intent is to
provide landscaped areas that can be utilized for walking, sitting, viewing plants and
vegetation, reading, and similar types of passive activities. Passive recreation areas shall
have a minimum dimension of 10 feet in width and 30 feet in length. These areas shall
not contribute more than 50% of the required open space, recreation and leisure areas.
An area designated as a "Community Garden" may contribute up to 25% of the required
open space, recreation and leisure area(s) of a residential development.
d. Mixed Use Shared Passive Recreation Areas. Passive recreation areas and joint use patios
and plazas may contribute to the requirement for open space, recreation and leisure
areas. Passive areas are generally shared with commercial, office or institutional
components in a mixed-use development. Passive recreation areas do not include areas
used for outdoor dining, fenced or otherwise restricted for use by a single business or
tenant. Shared passive recreation areas shall have a minimum dimension of 10 feet in
width and 30 feet in length. Such areas shall not contribute to more than 25% of the
required open space, recreation and leisure areas.
5. Additional multi-family residential unit requirements. Each residential unit in a multi-family
component of a mixed-use development shall comply with the following requirements:
a. Laundry Facilities. Each unit shall be provided with washer and dryer hookups and
laundry space within the unit. For apartment units, common laundry facilities may be
provided.
b. Storage Facilities. Each unit shall be provided with a separate storage area having a
minimum of 300 cubic feet of private and secure storage space. This storage space may
be located within the parking garage provided it does not interfere with garage use for
automobile parking. Closet and cupboard space within the dwelling unit shall not count
toward meeting this requirement.
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Chapter 9.180 Density Bonuses, Incentives, and Concessions
Contents:
9.180.010 Purpose
9.180.020 Applicability
9.180.030 Eligibility for Density Bonus and Incentives
9.180.040 Application and Required Fees
9.180.050 Effect of Proposal for Waiver or Reduction of Development Standards
9.180.060 Density Bonus Allowance for Housing Development with Affordable Housing
Component
9.180.070 Density Bonus for Housing Development with Affordable Housing Component and
Childcare Facility
9.180.080 Density Bonus for Senior Citizen Housing Development
9.180.090 Density Bonus for Housing Development with Affordable Housing Component for
Transitional Foster Youth, Disabled Veterans, or Homeless Persons
9.180.100 Density Bonus for Student Housing Development with Affordable Housing
Component
9.180.110 Density Bonus for Land Donations
9.180.115 Density Bonus for Shared Housing Building
9.180.117 Density Bonus for Commercial Development Partnering with and Affordable
Housing Developer
9.180.120 Affordable Housing Incentives
9.180.130 Number of Incentives Granted
9.180.140 Criteria for Denial of Application for Incentives
9.180.150 Waiver or Modification of Development Standards
9.180.160 Parking Standard Modifications for Qualified Housing Developments
9.180.170 Density Bonus and Affordable Housing Incentive Program
9.180.180 Determination on Density Bonus and Affordable Housing Incentive Program
Requirements
9.180.190 Affordable Housing Agreement and Equity Sharing Agreement
9.180.200 Density Bonus or Incentives for Condominium Conversion Projects
9.180.210 Enforcement Provisions
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9.180.010 Purpose
This chapter implements the statutory requirements set forth in Government Code Sections 65915–65918
(known as state density bonus law). To the extent practicable, the citation to the governing statutory
provision is included next to the implementing ordinance section. If any provision of this chapter conflicts
with state law, the latter shall control. Applicable statutes should be consulted for amendments prior to
applying the ordinance provision.
9.180.020 Applicability
The density bonuses, incentives and concessions contained in this chapter shall apply to housing
developments eligible for a density bonus under state density bonus law. When an applicant seeks a
density bonus for a housing development within, or for the donation of land for housing within, the City’s
jurisdiction that meets the requirements set out in California Government Code Section 65915, the actions
and procedures set out in this chapter shall apply. The burden is on the applicant to show that the housing
development meets such requirements. The density bonus provisions of California Government Code
Section 65915 et seq., as may be amended from time to time, are incorporated by reference into this
chapter. The City reserves the right to review applications for a density bonus in accordance with state
density bonus law. Please refer to the Chapter 9.305 (Special Standard and Use Definitions) of this
Development Code for definitions applicable to the density bonus provisions of this Chapter.
9.180.030 Eligibility for Density Bonus and Incentives
A. Density bonuses are available to affordable housing developers in accordance with this chapter for
the following:
1. Housing developments, including a shared housing building development, for rental or sale to
lower income households, which include a minimum affordable housing component (Section
9.180.060 and Section 9.180.070.A115).
2. Housing developments which include a minimum affordable housing component and a
childcare facility (Section 9.115180.070).
3. Senior citizen housing developments, as defined in Sections 51.3 and 51.12 of the Civil Code,
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 Civil Code. A senior housing development
may also include a shared housing building development. (Section 9.180.080).
4. Housing development which includes a minimum affordable housing component for
transitional foster youth, disabled veterans, or homeless persons (Section 9.180.090).
5. Student housing developments which include a minimum affordable housing component
(Section 9.180.100).
6. Land donations for very low-income housing (Section 9.180.110115.090).
6.7. Commercial development partnering with an affordable housing developer which includes a
minimum affordable housing component (Section 9.180.117).
B. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites
that are the subject of one development application, but do not have to be based upon individual
subdivision maps or parcels (Government Code Section 65915(i)).
9.180.040 Application and Required Fees
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A. Application Filing and Processing. When an applicant seeks a density bonus for a housing
development that meets the criteria in Section 9.180.060, the affordable housing developer shall
comply with all the following requirements:
1. File an application for a density bonus in accordance with this section that includes a minimum
affordable housing component, whether or not the project also requires or has been granted
a conditional use permit or other permits or approvals (Government Code Section
65915(d)(1)).
2. State in the application the specific minimum affordable housing component proposed for the
housing development (Government Code Section 65915(b)(2)).
3. Enter into an agreement with the City or its designee pursuant to Section 9.180.190
(Affordable Housing Agreement and Equity Sharing Agreement) to maintain and enforce the
affordable housing component of the housing development (Government Code Section
65915(c)).
B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020
(Applications and Fees).
1. If an application for a density bonus requires an unusual amount or specialized type of study
or evaluation by City staff, consultant or legal counsel, City staff shall estimate the cost thereof
and require the applicant to pay an additional fee or make one or more deposits to pay such
cost before the study or evaluation is begun. On completion of the study or evaluation, and
before the City Council decides the application, City staff shall determine the actual cost of
the work and the difference between the actual cost and the amount paid by the applicant,
and shall require the applicant to pay any deficiency or shall refund to the applicant any
excess.
9.180.050 Effect of Proposal for Waiver or Reduction of Development Standards
A proposal for the waiver or reduction of development standards shall neither reduce nor increase the
number of incentives or concessions to which the applicant is entitled pursuant to Government Code
Section 65915(d).
9.180.060 Density Bonus Allowance for Housing Development with Affordable Housing
Component
A. If the requirements of Section 9.280.030 (Eligibility for Density Bonus and Incentives) are met, the
affordable housing developer is entitled to a density bonus pursuant to Government Code Section
65915(f) as shown in Table 9.180.060-1, Density Bonus Allowance for Housing Development
Projects with Affordable Housing Component.
Table 9.180.060-1 Density Bonus Allowance for Housing Development Projects
with Affordable Housing Component*
Household Income
Category
Minimum
Percentage of
Affordable
Units**
Minimum
Density Bonus
Additional Density
Bonus for Each 1%
Increase in
Affordable Units
Maximum
Percentage of
Affordable
Units
Maximum
Possible
Density
Bonus
Affordable Housing Development
Very Low Income 5% 20% 2.50% up to 11%
affordable units 11% 35%
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Table 9.180.060-1 Density Bonus Allowance for Housing Development Projects
with Affordable Housing Component*
Household Income
Category
Minimum
Percentage of
Affordable
Units**
Minimum
Density Bonus
Additional Density
Bonus for Each 1%
Increase in
Affordable Units
Maximum
Percentage of
Affordable
Units
Maximum
Possible
Density
Bonus
12% 38.75% 3.75% up to 15%
affordable units 15%**** 50%
100%***** 80% - 100% 80%
Low Income
10% 20% 1.50% up to 20%
affordable units 20% 35%
21% 38.75% 3.75% up to 24%
affordable units 24%**** 50%
100%***** 80% - 100% 80%
Moderate Income
(Common Interest
Developments)***
10% 5% 1% up to 40%
affordable units 40% 35%
41% 38.75% 3.75% up to 44%
affordable units 44%**** 50%
100%***** 80% - 100% 80%
*All density bonus calculations resulting in fractions are rounded up to the next whole number (Government Code Section
65915(f)(5)).
**Affordable unit percentage is calculated excluding units added by a density bonus.
***Moderate income density bonus applies to for sale units, not rental units.
****No additional density bonus provided for increase in percentage of affordable units above percentage shown, unless 100%
affordable units.
*****Applies when 100% of the total units (other than manger’s unit) are restricted to very low, lower, and moderate income
(maximum 20% moderate).
B. As demonstrated in Table 9.180.060-1, the amount of density bonus to which the applicant is
entitled shall vary according to the amount by which the percentage of affordable units offered by
the applicant exceeds the percentage of the minimum affordable housing component; the
applicant may also elect to accept a lesser percentage of density bonus (Government Code Section
65915(f)).
C. Bonus units are not subject to affordability restrictions in addition to the number of affordable
units required to qualify for the density bonus.
C. All density calculations resulting in fractional units shall be rounded up to the next whole number
(Government Code Section 65915(f)(5)).
9.180.070 Density Bonus for Housing Development with Affordable Housing Component and
Childcare Facility
A. Criteria. For a density bonus to be granted pursuant to Subsection 9.180.070.B relative to a
minimum affordable housing component with a childcare facility in a housing development, all of
the following shall be satisfied:
1. The development complies with Section 9.2180.030 (Government Code Section 65915(h)(1)).
2. The housing development includes a childcare facility that will be located on the premises of,
as part of, or adjacent to the housing development (Government Code Section 65915(h)(1)).
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3. Approval of the housing development is conditioned to ensure that both of the following
occur:
a. The childcare 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 pursuant to Section 9.180.190 (Government Code Section 65915(h)(2)(A)).
b. Of the children who attend the childcare facility, the children of very low-income
households, low-income households, or moderate-income households shall constitute a
percentage that is equal to or greater than the percentage of dwelling units that are
required under the respective minimum affordable housing component income category
for which the density bonus is sought (Government Code Section 65915(h)(2)(B)).
B. The City is authorized to not provide a density bonus as provided in this section upon substantial
evidence that the community has adequate childcare facilities (Government Code Section
65915(h)(3)).
C. Density Bonus Allowance. If the requirements of Subsection 9.180.070.A are met, an applicant for
a housing development with an affordable housing component and childcare facility is entitled to:
1. A density bonus pursuant to Section 9.180.060 (Density Bonus Allowance for Housing
Development with Affordable Housing Component); and
2. An additional density bonus that is an amount of square feet of residential space that is equal
to or greater than the amount of square feet in the childcare facility (Government Code
Section 65915(h)(1)(A)).
9.180.080 Density Bonus for Senior Citizen Housing Development
An applicant for a senior citizen housing development or a mobile home park that limits residency based
on age requirements for housing for older persons pursuant to Civil Code Section 798.76 or 799.5 is
entitled to a density bonus of 20% of the number of senior citizen housing development units., up to a
maximum of 50% (Government Code Section 65915(b)(1)(C)&(f)(3)(A)). No affordable units are required
for senior units.
9.180.090 Density Bonus for Housing Development with Affordable Housing Component for
Transitional Foster Youth, Disabled Veterans, or Homeless Persons
An applicant for a housing development which includes a minimum affordable of ten percent of the total
units of a housing development component provided at the same affordability level as very low income
units and limits residency for that component to individuals qualifying asfor transitional foster youth, as
defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the
Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance
Act (42 U.S.C. Sec. 11301 et seq.) and having the same affordability level as very-low income units, is
entitled to a density bonus of 20% of the number of units set aside for transitional foster youth, disabled
veterans, and homeless persons (Government Code Section 65915(b)(1)(E)&(f)(3)(B)). The units shall be
subject to a recorded affordability restriction of 55 years.
9.180.100 Density Bonus for Student Housing Development with Affordable Housing
Component
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A. Criteria. For a density bonus to be granted pursuant to Subsection 9.180.100.C relative to a student
housing development with minimum affordable housing component, all of the following shall be
satisfied.
1. All units in the student housing development will 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. In order to be eligible under this subclause, the developer
shall, as a condition of approval, provide evidence to the City prior to building permit issuance,
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. An operating
agreement or master lease entered into pursuant to this subclause is not violated or breached
if, in any subsequent year, there are not sufficient students enrolled in an institution of higher
education to fill all units in the student housing development (Government Code section
65915(b)(1)(F)(I).
2. The applicable 20-percent units will be used for lower income students (Government Code
section 65915(b)(1)(F)(i)(II)).
1.3. The rent provided in the applicable units of the development for lower income students is
calculated at 30 percent of 65 percent of the area median income for a single-room occupancy
unit type (Government Code section 65915(b)(1)(F)(III)).
2.4. The housing development gives priority to lower income students experiencing homelessness
(Government Code section 65915(b)(1)(F)(IV)).
3. The housing development includes a minimum affordable housing component for lower
income students as defined by Government Code section 65915(b)(1)(F)(II).
4. The development complies with Section 9.280.030 (Government Code Section
65915(b)(1)(F)(I)).
B. Unit. For purposes of calculating a density bonus pursuant to this section, the term “unit” as used
in this section means one rental bed and its pro rata share of associated common area facilities.
C. Density Bonus Allowance. If the requirements of Subsection 9.180.100.A are met, an applicant for
a student housing development with an affordable housing component is entitled to a density
bonus of 35% of the number of student housing units. (Government Code section 65915(F)(3)).
9.180.110 Density Bonus for Land Donations
A. Criteria. For a density bonus for a qualified land donation to be granted pursuant to Section
9.180.110.B, all the requirements of this section shall be met.
1. The applicant is applying for a tentative subdivision map, parcel map or other residential
development approval (Government Code Section 65915(g)(1)).
2. The application includes at least a 10% minimum affordable housing component for very low-
income households (Government Code Section 65915(g)(1)).
3. The applicant agrees to donate and transfer qualified land, which is land that meets both
theAn applicant shall be eligible for an increased density bonus described in this section if all
of the following criteria and conditions are met:
a. The developable acreage and zoning classification of the land being transferred must be
sufficient to permit construction of units affordable to very low-income households in an
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amount equal to not less than 10% of the number of residential units of the proposed
development pursuant to Section 8116-2.5.1(a) (Government Code Section
65915(g)(2)(B)).
b. The transferred land shall be at least 1 acre in size or of sufficient size to permit
development of at least 40 units, have the appropriate General Plan land use designation,
be appropriately zoned with appropriate development standards for development at the
density described in Government Code Section 65583.2(c)(3), and be is or will be served
by adequate public facilities and infrastructure (Government Code Section
65915(g)(2)(C)).
b.c. The qualified land shall be transferred to the City or to a housing developer approved by
the City. The City may require the applicant to identify and transfer the land to an
approved housing developer (Government Code Section 65915(g)(2)(F)).
c.d. The qualified land has all of the permits and approvals, other than building permits,
necessary for the development of the very low-income housing affordable units on the
qualified land, not later than the date of approval of the final subdivision map, parcel
map or residential development application filed. However, the City may subject the
proposed development to subsequent design review to the extent authorized by
Government Code Section 65583.2(i) if the design is not reviewed by the City prior to the
time of transfer (Government Code Section 65915(g)(2)(D)).
d.e. The qualified land shall be donated and transferred no later than the date of approval of
the final subdivision map, parcel map, or residential development application
(Government Code Section 65915(g)(2)(A)).
e.f. The qualified land and the affordable units are subject to a deed restriction ensuring
continued affordability of the units consistent with Section 9.180.190 (Affordable
Housing Agreement and Equity Sharing Agreement)070 (Density Bonus for Housing
Development with Affordable Housing Component and Childcare Facility), which must
shall be recorded against the qualified land at the time of the transfer (Government Code
Section 65915(g)(2)(E)).
f.g. The qualified land is within the boundary of the proposed development or, if the City
agrees, within 0.25 mile of the boundary of the proposed development (Government
Code Section 65915(g)(2)(G)).
g.h. A proposed source of funding for the very low-income household units shall be identified
no later than the date of approval of the final subdivision map, parcel map or residential
development application (Government Code Section 65915(g)(2)(H)).
B. Density Bonus Allowance for Qualified Land Donation for Very Low-Income Housing. If the
requirements of Section 9.180.110.A are satisfied, the applicant shall be entitled to at least a 15%
increase above the otherwise maximum allowable residential density for the entire development,
as shown in Table 9.180.110-1, Density Bonus Allowances for Qualified Land Donation Projects
(Government Code Section 65915(g)(1)). This increase shall be in addition to any increase in
density allowed under this Chapter, as mandated by Government Code Section 65915(b), up to a
maximum combined mandated density increase of 35 percent if an applicant seeks an increase
pursuant to both this Section and Government Code Section 65915(b). All density calculations
resulting in fractional units shall be rounded up to the next whole number.
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Table 9.180.110-1 Density Bonus Allowances for Qualified Land Donation Projects
Household
Income Category
Minimum Percentage of
Very Low-Income Units
Density
Bonus
Additional Density Bonus
for Each 1% Increase
in Very Low-Income Units
Maximum Possible
Density Bonus
Very Low Income 10% of entire development 15% 1% 50%35% (max.
combined)
C. All density calculations resulting in fractional units shall be rounded up to the next whole number
(Government Code Section 65915(g)(2)).
9.180.115 Density Bonus for Shared Housing Building
A. Criteria. In order for a density bonus to be granted for a shared housing building under subsection
9.180.030.A.1, of this chapter, the shared housing development must meet the following criteria:
1. The shared housing building is a residential or mixed-use structure, with five or more shared
housing units and one or more common kitchens and dining areas designed for permanent
residence of more than 30 days by its tenants.
2. The kitchens and dining areas within the shared building shall be able to adequately
accommodate all residents.
3. 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 percent of the floor area of
the shared housing building.
4. 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 level of
the shared housing building closest to the street or sidewalk of the shared housing building.
5. 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.
9.180.117 Density Bonus for Commercial Development Partnering with an Affordable Housing
Developer
A. When an application for approval of a commercial development has entered into an agreement
for partnered housing described in Section 9.180.117.C, to contribute affordable housing through
a joint project or two separate projects encompassing affordable housing, the City shall grant to
the commercial developer a development bonus as prescribed in Section 9.180.117.C. Housing
shall be constructed on the site of the commercial development or on a site that is all of the
following:
1. Within the boundaries of the City.
2. In close proximity to public amenities including schools and employment centers.
3. Located within one-half mile of a major transit stop, as defined in subdivision (b) of Section
21155 of the Public Resources Code.
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B. The development bonus granted to the commercial developer shall mean incentives, mutually
agreed upon by the developer and the City, that may include, but are not limited to, any of the
following:
1. Up to a 20 percent increase in maximum allowable intensity in the General Plan.
2. Up to a 20 percent increase in maximum allowable floor area ratio.
3. Up to a 20 percent increase in maximum height requirement.
4. Up to a 20 percent reduction in minimum parking requirements.
5. Use of a limited-use/limited-application elevator for upper floor accessibility.
6. An exception to a zoning ordinance or other land use regulation.
C. For purposes of this section, the agreement for partnered housing shall be between the
commercial developer and the housing developer, shall identify how the commercial developer
will contribute affordable housing, and shall be approved by the City.
D. For purposes of this section, affordable housing may be contributed by the commercial developer
in one of the following manners:
1. The commercial developer may directly build the units.
2. The commercial developer may donate a portion of the site or property elsewhere to the
affordable housing developer for use as a site for affordable housing.
3. The commercial developer may make a cash payment to the affordable housing developer
that shall be used towards the costs of constructing the affordable housing project.
E. For purposes of this section, Government Code Section 65915(c)(3)(A) shall apply.
F. Nothing in this section shall preclude additional allowances or incentives offered to developers by
the City pursuant to law or regulation.
G. If the developer of the affordable units does not commence with construction of those units in
accordance with timelines ascribed by the agreement described in Section 9.180.117.C, the City
may withhold certificates of occupancy for the commercial development under construction until
the developer has completed construction of the affordable units.
H. In order to qualify for a development bonus under this section, a commercial developer shall
partner with a housing developer that provides at least 30 percent of the total units for low-income
households or at least 15 percent of the total units for very low-income households.
I. Nothing in this section shall preclude an affordable housing developer from seeking a density
bonus, concessions or incentives, waivers or reductions of development standards or parking ratios
under this Chapter.
J. A development bonus pursuant to this section shall not include a reduction or waiver of the
requirements within an ordinance that requires the payment of a fee by a commercial developer
for the promotion or provision of affordable housing.
K. For purposes of this section, “partner” means formation of a partnership, limited liability company,
corporation, or other entity recognized by the state in which the commercial development
applicant and the affordable housing developer are each partners, members, shareholders or other
participants, or a contract or agreement between a commercial development applicant and
affordable housing developer for the development of both the commercial and the affordable
housing properties.
L. This section shall remain in effect until January 1, 2028 and as of that date areis repealed.
9.180.120 Affordable Housing Incentives
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Government Code Subsections 65915(d), (j), (k) and (l) govern the following provisions regarding
affordable housing incentives.
A. Qualifications for Incentives. Subject to Section 9.180.140 (Criteria for Denial of Application for
Incentives), all of the following applicable requirements must be satisfied in order for an applicant
to be granted an incentive(s) pursuant to this subsection and Section 9.180.130 (Number of
Incentives Granted):
1. The applicant for an incentive is also an applicant for a density bonus and qualifies for a density
bonus pursuant to Section 9.2180.030 (Government Code Section 65915(d)(1)).
2. A specific written proposal for an incentive(s) has or will be submitted with the application for
density bonus (Government Code Section 65915(b)(1) and (d)(1)).
3. If an incentive(s) pursuant to Sections 9.2180.030 and 9.180.120 is sought, the applicant shall
establish that each requested incentive would result in identifiable, financially sufficient and
actual cost reductions for the qualified housing development (Government Code Section
65915(k)(1) and (3)).
4. If an incentive(s) pursuant to Subsection 9.180.120.A(2) is sought, the applicant shall establish
that the requirements of that section are met (Government Code Section 65915(k)(2)).
5. If an additional incentive for a childcare facility is sought pursuant to Subsection 9.180.070.B,
the applicant shall establish that the requirements of that section are met (Government Code
Section 65915(h)(1)(B)).
6. The granting of an incentive shall not be interpreted, in and of itself, to require a General Plan
amendment, zoning change, or other discretionary approval (Government Code Section
65915(j)). An incentive is applicable only to the project for which it is granted. An applicant
for an incentive may request a meeting with the Community Development Director and, if
requested, the Community Development Director will meet with the applicant to discuss the
proposal (Government Code Section 65915(d)(1)).
B. Types of Incentives. For the purposes of this chapter, incentive means any of the following:
1. A reduction in site development standards or a modification of development code
requirements or design guidelines that exceed the minimum building standards approved by
the California Building Standards Commission as provided in Part 2.5 (commencing with
Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a
reduction in setback and square footage requirements and in the ratio of vehicular parking
spaces that would otherwise be required that results in identifiable, financially sufficient and
actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5
of the Health and Safety Code, or for rents for the targeted units to be set as specified in
Section 9.180.190.B (Government Code Section 65915(k)(1)).
2. Approval of mixed-use zoning in conjunction with the qualified housing development if
commercial, office, industrial or other land uses will reduce the cost of the qualified housing
development and if the commercial, office, industrial or other land uses are compatible with
the qualified housing development and the existing or planned development in the area
where the proposed qualified housing development will be located (Government Code
Section 65915(k)(2)).
3. Other regulatory incentives proposed by the affordable housing developer or the City that
result in identifiable, financially sufficient and actual cost reductions to provide for affordable
housing costs as defined in Section 50052.5 of the Health and Safety Code, or for rents for the
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targeted units to be set as specified in Section 9.180.190.B. (Government Code Section
65915(k)(3)).
C. Direct Incentives Allowed. Nothing in this section limits or requires the provision of direct financial
incentives by the City for the qualified housing development, including the provision of publicly
owned land, or the waiver of fees or dedication requirements (Government Code Section 65915(l)).
9.180.130 Number of Incentives Granted
A. Subject to Section 9.180.140 (Criteria for Denial of Application for Incentives), an applicant meeting
the requirements of Subsection 9.180.120 shall receive the following number of incentives
described below and as shown in Table 9.180.130-1, Incentive Allowances for Qualified Housing
Developments.
1. One incentive for qualified housing development projects, including shared housing building
developments, that include at least 5% of the total units for very low-income households, at
least 10% for low-income households, or at least 10% for persons and families of moderate-
income households in which the units are for sale in a common interest development.
(Government Code Section 65915(d)(2)(A)).
2. Two incentives for qualified housing development projects, including shared housing building
developments, that include at least 10% of the total units for very low-income households, at
least 2017% for low-income households, or at least 20% for persons and families of moderate-
income households in which the units are for sale in a common interest development.
(Government Code Section 65915(d)(2)(B)).
3. Three incentives for qualified housing development projects, including shared housing
building developments, that include at least 15% of the total units for very low-income
households, at least 3024% for low-income households, or at least 30% for persons and
families of moderate-income households in which the units are for sale in a common interest
development. (Government Code Section 65915(d)(2)(C)).
3.4. Four incentives for qualified housing developments, including shared housing building
developments, that include at least 16% of the total units for very low-income households or
45% moderate income units in which the units are for sale. (Government Code Section
65915(d)(2)(F)).
5. FourFive incentives for qualified housing developments, including shared housing building
developments, that include 100% of total units, exclusive of a manager's unit or units, for
lower income households, except that up to 20% of the total units in the development may
be for moderate-income households. If the project is within 1/2 mile of a major transit stop,
the project shall also receive a height increase of up to three additional stories, or 33 feet.
(Government Code 65915(d)(2)(D)).
6. One incentive or concession for projects that include at least 20 percent of the total units for
lower income students in a student housing development. (Government Code Section
65915(d)(2)(E)).
B. A qualified housing development proposal that includes a childcare facility shall be granted an
additional incentive that contributes significantly to the economic feasibility of the construction of
the childcare facility. (Government Code Section 65915(h)(1)(B)).
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Table 9.180.130-1 Incentive Allowances for Qualified Housing Developments
Income Category Minimum Percentage of Affordable Units
Incentives Allowed 1 2 3 4
Very Low Income 5% 10%* 15%
--100%
Low/Very
Low/Mod (20%
Moderate
allowed)
Low Income 10% 20%17% 30%24%
100% Low/Very
Low/Mod (20%
Moderate
allowed)100%
or 80%
Common Interest Development (Moderate Income) 10% 20% 30%
100% Low/Very
Low/Mod (20%
Moderate
allowed)20%
*One incentive or concession is also required for projects that include at least 20 percent of the total units for lower income
students in a student housing development.
9.180.140 Criteria for Denial of Application for Incentives
Except as otherwise provided in this chapter or by state law, if the requirements of Subsection 9.180.120.A
(Affordable Housing Incentives) are met, the City shall grant the incentive(s) that are authorized by
Subsection 9.180.120.B and Section 9.115.110 (Density Bonus for Land Donations) unless a written
finding, based upon substantial evidence, is made with respect to any of the following, in which case the
City may refuse to grant the incentive(s):
A. The incentive is not required in order to provide affordable housing costs or affordable rents for
the affordable units subject to the qualified housing development application (Government Code
Section 65915(d)(1)(A)).
B. The incentive would have a specific, adverse impact, as defined in Government Code Section
65589.5(d)(2), upon the public health and 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 low- and moderate-income households (Government Code
Section 65915(d)(1)(B); Government Code Section 65915 (d)(3)).
C. The incentive would be contrary to state or federal law (Government Code Section 65915(d)(1)(C)).
D. The City is authorized not to provide a density bonus as provided in this section upon substantial
evidence that the community has adequate childcare facilities (Government Code Section
65915(h)(3)).
9.180.150 Waiver or Modification of Development Standards
A. Requirements for Waiver or Modification of Development Standards.
1. Application. To qualify for a waiver or reduction of one or more development standards, the
applicant shall submit a written application (together with an application for a qualified
housing development) that states the specific development standard(s) sought to be modified
or waived and the basis of the request (Government Code Section 65915(e)(1)). An applicant
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for a waiver or modification of development standard(s) pursuant to this Section may request
a meeting with the Community Development Director to review the proposal. If requested,
the Community Development Director shall meet with the applicant (Government Code
Section 65915(e)(1)). An application for the waiver or reduction of development standard(s)
pursuant to this Section shall neither reduce nor increase the number of incentives to which
the applicant is entitled pursuant to Section 9.180.120 (Affordable Housing Incentives)
(Government Code Section 65915(e)(2)).
2. A housing development that receives a waiver from any maximum controls on density based
on location relative to a major transit stop pursuant to Government Code Section
65915(f)(3)(D)(ii) shall not be eligible for, and shall not receive, a waiver or reduction of
development standards, other than as expressly provided in Government Code Sections
65915(d)(2)(D) and (f)(3)(D)(ii).
3. Findings. All of the following findings must be made for each waiver or reduction requested:
a. The development standard for which a waiver or reduction is requested will have the
effect of physically precluding the construction of the proposed qualified housing
development at the densities or with the incentives permitted under this chapter
(Government Code Section 65915(e)(1)).
b. The requested waiver or reduction of a development standard will not have a specific,
adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the health,
safety and/or physical environment or, if such a specific, adverse impact exists, there is a
feasible method to satisfactorily mitigate or avoid the specific, adverse impact
(Government Code Section 65915(e)(1)).
c. The requested waiver or reduction of a development standard will not have an adverse
impact on any real property that is listed in the California Register of Historical Resources
(Government Code Section 65915(e)(1)).
d. The requested waiver or reduction of a development standard is not contrary to state or
federal law (Government Code Section 65915(e)(1)).
4. Granting Application for Waiver or Modification of Development Standards. If the
requirements of Subsection 9.180.150.A are satisfied, the application for waiver or
modification of development standard(s) shall be granted, and the City shall not apply a
development standard that will have the effect of physically precluding the construction of a
qualified housing development at the densities or with the incentives permitted by this
chapter (Government Code Section 65915(e)(1)).
9.180.160 Parking Standard Modifications for Qualified Housing Developments
A. Requirements for Parking Standard Modifications. Parking standard modifications pursuant to
Subsection 9.180.160.B are available only for qualified housing developments. An application for
parking standard modifications stating the specific modification requested pursuant to Subsection
9.180.160.B shall be submitted with the qualified housing development application (Government
Code Section 65915(p)(3)).
B. Parking Standard Modifications. If the requirements of Subsection 9.180.160.A are met, the
vehicular parking ratio, inclusive of handicapped and guest parking, shall not exceed the following
per unit ratios (Government Code Section 65915(p)(1)), except where noted under Subsection
9.180.160.C (Exceptions):
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1. Zero to one bedroom: 1 on-site parking space
2. Two to three bedrooms: 2 1.5 on-site parking spaces
3. Four and more bedrooms: 2.5 on-site parking spaces
C. Exceptions. Upon the applicant’s request, the following maximum parking standards shall apply,
inclusive of handicap and guest parking, to the entire housing development subject to this chapter,
as required by Government Code Section 65915(p)(2):
Table 9.180.160-1 Special Parking Requirements
Type of Project/Affordability Parking Ratio
Rental/for sale projects with at least 11% very low income or 20% lower income units, within ½
mile of accessible major transit stop. Unobstructed access must be provided to the major
transit stop from the development.*
0.5 spaces per unit
Rental projects 100% affordable to lower income units, within ½ mile of accessible major transit
stop. Unobstructed access must be provided to the major transit stop from the development.*
0 spaces per unit
Rental senior projects 100% affordable to lower income units, either with paratransit service or
within ½ mile of accessible bus route (operating at least eight times a day).
0 spaces per unit
Rental special needs projects as defined in Section 51312 of the Health and Safety Code and
100% affordable to lower income units, either with paratransit service or within ½ mile of
accessible bus route (operating at least eight times a day).
0 spaces per unit
Rental supportive housing developments as defined in Section 50675.14 of the Health and
Safety Code and 100% affordable to lower income households. 0 spaces per unit
For sale projects with at least 40% moderate income units, within ½ mile of accessible major
transit stop. 0.5 spaces per 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.
1. A maximum of 0.5 parking spaces per bedroom, when all the following conditions apply:
a. The development includes the maximum percentage of low- or very low-income units as
established in Section 9.180.060 (Density Bonus Allowance for Housing Development
with Affordable Housing Component).
b. The development is located within 0.5 miles of a major transit stop, as defined in
subdivision (b) of Section 21155 of the California Public Resources Code.
c. There is unobstructed access to the major transit stop from the development. A
development shall have unobstructed access to a major transit stop if a resident is able
to access the major transit stop without encountering natural or constructed
impediments.
2. A maximum of 0.5 parking spaces per unit, when all the following conditions apply:
a. The 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 Health and Safety Code.
b. The development is located within 0.5 miles of a major transit stop, as defined in
subdivision (b) of Section 21155 of the Public Resources Code.
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c. There is unobstructed access to the major transit stop from the development. A
development shall have unobstructed access to a major transit stop if a resident is able
to access the major transit stop without encountering natural or constructed
impediments.
3. A maximum of 0.5 parking spaces per unit, when all the following conditions apply:
a. The 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 Health and Safety Code.
b. The development is for individuals who are 62 years of age or older and complies with
Sections 51.2 and 51.3 of the Civil Code.
c. The development has either paratransit service or unobstructed access, within 0.5 miles,
to fixed bus route service that operates at least eight times per day.
4. No vehicular parking requirement, when all the following conditions apply:
a. The 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 Health and Safety Code.
b. The development is either a special needs housing development, as defined in Section
51312 of the Health and Safety Code, or a supportive housing development, as defined
in Section 50675.14 of the Health and Safety Code.
c. A special needs housing development has either paratransit service or unobstructed
access, within 0.5 miles, to fixed bus route service that operates at least eight times per
day.
D. If the total number of parking spaces required for the qualified housing development is other than
a whole number, the number shall be rounded up to the next whole number. For purposes of this
section, “on-site parking” may be provided through tandem parking or uncovered parking, but not
through on-street parking (Government Code Section 65915(p)(5)).
E. Except as otherwise provided in this section, all other provisions of Chapter 9.215 (Off-Street
Parking and Loading) applicable to residential development apply.
F. An applicant may request additional parking incentives beyond those provided in this section if
applied for pursuant to Section 9.180.120 (Government Code Section 65915(p)(3)).
G. Notwithstanding allowances in Subsection 9.180.160.C, if the City or an independent consultant
has conducted an area-wide or jurisdiction-wide parking study in the last 7 years, the City may
impose a higher vehicular parking ratio not to exceed the ratio described in Subsection
9.180.160.B, based on substantial evidence found in the parking study that includes, but is not
limited to, an analysis of parking availability, differing levels of transit access, walkability access to
transit services, the potential for shared parking, the effect of parking requirements on the cost of
market-rate and subsidized developments, and the lower rates of car ownership for low- and very
low-income individuals, including seniors and special needs individuals. The City shall pay the costs
of any new study. The City shall make findings, based on a parking study completed in conformity
with this paragraph, supporting the need for the higher parking ratio (California Government Code
Section 65915(p)(7)).
9.180.170 Density Bonus and Affordable Housing Incentive Program
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A. Project Design and Phasing. Projects seeking an affordable housing benefit pursuant to this
chapter shall comply with the following requirements, unless otherwise specified in writing by the
Community Development Director:
1. Location/Dispersal of Units. Affordable units shall be reasonably dispersed throughout the
development where feasible and shall contain on average the same (or greater) number of
bedrooms as the market-rate units.
2. Phasing. If a project is to be developed in phases, each phase must contain the same or
substantially similar proportion of affordable units and market-rate units.
3. Exterior Appearance. The exterior appearance and quality of the affordable units must be
similar to the market-rate units. The exterior materials and improvements of the affordable
units must be similar to, and architecturally compatible with, the market-rate units.
B. Application Requirements. An application for one or more affordable housing benefits shall be
submitted as follows:
1. Each affordable housing benefit requested shall be specifically stated in writing on the
application form provided by the City.
2. The application shall include the information and documents necessary to establish that the
requirements of this chapter are satisfied for each affordable housing benefit requested,
including:
a. For density bonus requests, that the requirements of Section 9.2180.030 Eligibility for
Density Bonus and Incentives) are met;
b. For incentive requests, that the requirements of Section 9.180.120 (Affordable Housing
Incentives) are met;
c. For development standard waiver or modification requests, that the requirements of
Section 9.180.150 (Waiver or Modification of Development Standards) are met; and/or
d. For parking standard modification requests, that the requirements of Section 9.180.160
(Parking Standard Modifications for Qualified Housing Developments) are met.
3. The application shall be submitted concurrently with a complete application for a qualified
housing development.
4. The application shall include a site plan that complies with and includes the following:
a. For senior citizen housing development projects, the number and location of proposed
total units and density bonus units.
b. For all qualified housing development projects other than senior citizen housing
development projects, the number and location of proposed total units, affordable units
and density bonus units. The density bonus units shall be permitted in geographic areas
of the qualified housing development other than the areas where the affordable units
are located (Government Code Section 65915(i)).
c. The location, design and phasing criteria required by Subsection 9.180.170.A, including
any proposed development standard(s) modifications or waivers pursuant to Section
9.180.150 (Waiver or Modification of Development Standards).
5. The application for a qualified housing development shall state the level of affordability of the
affordable units and include a proposal for compliance with Section 9.180.190 (Affordable
Housing Agreement and Equity Sharing Agreement) for ensuring affordability.
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6. If a density bonus is requested for a qualified land donation pursuant to Section 9.180.110
(Density Bonus for Land Donations), the application shall show the location of the qualified
land in addition to including sufficient information to establish that each requirement in
Section 9.180.110 has been met.
7. If an additional density bonus or incentive is requested for a childcare facility pursuant to
Section 9.180.070 (Density Bonus for Housing Development with Affordable Housing
Component and Childcare Facility) and/or Subsection 9.180.130.B (Number of Incentives
Granted), the application shall show the location and square footage of the childcare facility
in addition to including sufficient information to establish that each requirement in Section
9.180.070 and/or Subsection 9.180.130.B has been met.
C. An application for an affordable housing benefit under this chapter shall not be processed until all
of the provisions of this section are complied with as determined by the Community Development
Director and shall be processed concurrently with the application for the qualified housing
development project for which the affordable housing benefit is sought. Prior to the submittal of
an application for a qualified housing development, an applicant may submit to the Community
Development Director a preliminary proposal for affordable housing benefits. The Community
Development Director shall, within 90 days of receipt of a written proposal, notify the applicant of
the Community Development Director’s preliminary response and schedule a meeting with the
applicant to discuss the proposal and the Community Development Director’s preliminary
response.
D. The Community Development Director shall provide the applicant with written notice as to
whether the application in deemed complete in accordance with Section 9.30.060 (Determination
of Completeness). If the application is deemed complete, the Community Development Director
shall provide the applicant with a determination on the following:
1. The amount of density bonus for which the applicant is eligible.
2. If the applicant requests a parking ratio pursuant to Section 9.180.120, the parking ratio for
which the applicant is eligible.
3. If the applicant requests incentives or concessions pursuant to Section 9.180.120, or waivers
or reductions of development standards pursuant to Section 9.180.150, whether the applicant
has provided sufficient information for the City to make a determination as to those
incentives, concessions, or waivers or reductions of development standards.
4. Any determination shall be based on the development project at the time the application is
deemed complete. The City will adjust the amount of density bonus and parking ratios allowed
based on any changes to the project during the course of development.
9.180.180 Determination on Density Bonus and Affordable Housing Incentive Program
Requirements
The decision-making body for the underlying qualified housing development application is authorized to
approve or deny an application for an affordable housing benefit in accordance with this chapter.
A. Affordable Housing Benefit Determinations. An application for an affordable housing benefit shall
be granted if the requirements of this chapter are satisfied unless:
1. The application is for an incentive for which a finding is made in accordance with Section
9.180.140 (Criteria for Denial of Application for Incentives); or
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2. The underlying application for the qualified housing development is not approved
independent of and without consideration of the application for the affordable housing
benefit.
B. Affordable Housing Benefit Compliance Provisions. To ensure compliance with this chapter and
state law, approval of an application for an affordable housing benefit may be subject to, without
limitation:
1. The imposition of conditions of approval to the qualified housing development, including
imposition of fees necessary to monitor and enforce the provisions of this chapter;
2. An affordable housing agreement and, if applicable, an equity sharing agreement pursuant to
Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement); and
3. A recorded deed restriction implementing conditions of approval and/or contractual or legally
mandated provisions.
C. A decision regarding an affordable housing benefit application is subject to the appeal provisions
of Section 9.30.100 (Appeals).
9.180.190 Affordable Housing Agreement and Equity Sharing Agreement
A. General Requirements. No density bonus pursuant to Section 9.180.030 (Eligibility for Density
Bonuses and Incentives) shall be granted unless and until the affordable housing developer, or its
designee approved in writing by the Community Development Director, 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 chapter. The Community Development
Director may designate a qualified administrator or entity to administer the provisions of this
section on behalf of the City. The affordable housing agreement shall be recorded prior to, or
concurrently with, final map recordation or, where the qualified housing development does not
include a map, prior to issuance of a building permit for any structure on the site. 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.
B. Low- or Very Low-Income Minimum Affordable Housing Component or Senior Citizen Housing
Development.
1. 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, as follows (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, among other things, 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;
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restrictions imposed on lower-income affordable units on sale or transfer; and methods of
enforcing such restrictions.
2. Rental Units. Rents for the low-income and very low-income affordable units that qualified
the housing development for the density bonus pursuant to Section 9.180.030 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:
a. The rent for at least 20 percent of the units in the development shall be set at an
affordable rent, as defined in Section 50053 of the Health and Safety Code.
b. 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.
3. 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.
4. For-Sale Units. Owner-occupied low-income and very low-income affordable units that
qualified the housing development for the density bonus pursuant to Section 9.180.030 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:
a. 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 subparagraph (b), and its proportionate share of
appreciation, as defined in subparagraph (c), 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.
b. 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.
c. 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.
5. Senior Units. At least 35 senior citizen housing development units shall be maintained and
available for rent or sale to senior citizens as defined in Civil Code Section 51.3.
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C. Moderate Income Minimum Affordable Housing Component.
1. 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:
a. 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.
b. The units are offered at an affordable housing cost (Government Code Section
65915(c)(2)).
c. 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 non-affordable 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:
d. 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 subparagraph (b), and its proportionate share of
appreciation, as defined in subparagraph (c), 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)).
e. 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)).
f. 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)).
D. Minimum Affordable Housing Component and Childcare Facility. If an additional density bonus
or incentive is granted because a childcare facility is included in the qualified housing development,
the affordable housing agreement shall also include the affordable housing developer’s obligations
pursuant to Subsection 9.180.070.A(3) for maintaining a childcare facility, if not otherwise
addressed through conditions of approval.
9.180.200 Density Bonus or Incentives for Condominium Conversion Projects
A. Requirements for Density Bonus or Incentive for Condominium Conversion Projects.
1. An applicant requesting the conversion of Apartments to a condominium project agrees to
provide at least:
a. 33% of the total units of the proposed condominium project to persons and families of
moderate-income households; or
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b. 15% of the total units of the proposed condominium project to persons and families of
low-income households.
2. If the applicant agrees to pay for the reasonably necessary administrative costs incurred by
the City pursuant to this section, the City shall either:
a. Grant a density bonus; or
b. Provide other incentives of equivalent financial value (Government Code Section
65915.5(a)).
B. Definition of Density Bonus for Condominium Conversion Projects. If the requirements of
Subsection 9.180.200.A are met, the condominium conversion project will be entitled to an
increase in units of 25% over the number of Apartments, to be provided within the existing
structure or structures proposed for conversion from Apartments to condominiums (Government
Code Section 65915.5(b)).
C. Pre-submittal Preliminary Proposals for Density Bonus or Incentive for Condominium Conversion
Projects. Prior to the submittal of a formal request for subdivision map approval or other
application for necessary discretionary approvals, an applicant to convert Apartments to a
condominium project may submit to the Community Development Director a preliminary proposal
for density bonus or other incentives of equivalent financial value. The Community Development
Director shall, within 90 days of receipt of a written proposal, notify the applicant of the
Community Development Director’s preliminary response and schedule a meeting with the
applicant to discuss the proposal and the Community Development Director’s preliminary
response (Government Code Section 65915.5(d)).
D. Application for Density Bonus or Incentives for Condominium Conversion Projects. An applicant
shall submit a completed application provided by the City for a density bonus or for other
incentives of equivalent financial value. The application shall be submitted concurrently with the
application for the condominium conversion project. The application shall include the following:
1. All information and documentation necessary to establish that the requirements of
Subsection 9.180.200.A are met.
2. The proposal for a density bonus or the proposal for other incentives of equivalent financial
value.
3. Site plans demonstrating the location of the units to be converted, the affordable units, the
market-rate units and the density bonus units in the condominium conversion project.
4. Any other information and documentation requested by the City to determine if the
requirements of Subsection 9.180.200.A are met.
Both the application for a density bonus or other incentives of equivalent financial value and the
application for the condominium conversion shall be complete before the application for a density
bonus or other incentives of equivalent financial value will be considered.
E. Granting Density Bonus or Incentive for Condominium Conversion Projects.
1. Approval.
a. If the requirements of Subsection 9.180.200.A are met, the decision-making body for the
condominium conversion project application is authorized to grant an application for a
density bonus or other incentives of equivalent financial value, subject to Subsection
9.180.200.E(2).
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b. Reasonable conditions may be placed on the granting of a density bonus or other
incentives of equivalent financial value that are found appropriate, including but not
limited to entering into an affordable housing agreement pursuant to Section 9.180.190
(Affordable Housing Agreement and Equity Sharing Agreement), which ensures
continued affordability of units to subsequent purchasers who are persons and families
of moderate-income households or low-income households (Government Code Section
65915.5(a)).
2. Ineligibility. An applicant shall be ineligible for a density bonus or other incentives of
equivalent financial value if the Apartments proposed for conversion constitute a qualified
housing development for which a density bonus as defined in Section 9.180.030 (Eligibility for
Density Bonuses and Incentives) or other incentives were provided (Government Code Section
65915.5(f)).
3. Decision on Condominium Conversion Project. Nothing in this section shall be construed to
require the City to approve a proposal to convert Apartments to condominiums (Government
Code Section 65915.5(e)).
9.180.210 Enforcement Provisions
A. Occupancy. Prior to occupancy of an affordable unit, the household's eligibility for occupancy of
the affordable unit shall be demonstrated to the City. This provision applies throughout the
restricted time periods pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity
Sharing Agreement) and applies to any change in ownership or tenancy, including subletting, of
the affordable unit.
B. Ongoing Compliance. Upon request, the affordable housing developer shall show that the
affordable units are continually in compliance with this chapter and the terms of the affordable
housing agreement. Upon 30-day notice, the City may perform an audit to determine compliance
with this chapter and the terms of any agreement or restriction.
C. Enforcement. The City shall have the authority to enforce the provisions of this chapter, the terms
of affordable housing agreements and equity sharing agreements, deed restrictions, covenants,
resale restrictions, promissory notes, deed of trust, conditions of approval, permit conditions and
any other requirements placed on the affordable units or the approval of the qualified housing
development. In addition to the enforcement powers granted in this chapter, the City may, at its
discretion, take any other enforcement action permitted by law, including those authorized by City
ordinances. Such enforcement actions may include, but are not limited to, a civil action for specific
performance of the restrictions and agreement(s), damages for breach of contract, restitution and
injunctive relief. The remedies provided for herein shall be cumulative and not exclusive and shall
not preclude the City from seeking any other remedy or relief to which it otherwise would be
entitled under law or equity.
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9.215.040 Development Standards
In the case of mixed land uses, the total number of parking spaces shall be the sum of the requirements
for the various uses computed separately unless shared parking is approved.
The following Table 9.215.040-1, Parking Requirements, is designed to allow calculation of parking spaces
required for the uses shown.
Table 9.215.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or Student
Other Criteria For Vehicle Stacking
General Commercial/Retail Uses
Automobile repair and service
shops/stations
1 space per 150 sq. ft.
gross floor area (not including
building for service bays)
4 spaces per service
bay
Banks and financial institutions 1 space per 250 sq. ft.
gross floor area
Stacking for 6 vehicles
prior to the drive-up
window
Furniture and home furnishing
stores
1 space per 750 sq. ft. of sale
or display area
Clubs, discos, ballrooms,
cabarets, cocktail lounges,
dance halls, lodges &
incidental dancing areas, and
similar facilities where dancing
is the principal use
1 space per 30 sq. ft. of dance
floor area
General retail 3 spaces per 1,000 sq. ft. of
gross floor area See 9.215.040.A.1
below
Personal Services (barber,
beauty, nails, etc.)
1 space per 150 sq. ft.
gross floor area
Professional business offices 3 spaces per 1,000 sq. ft. of
floor area
Restaurants or similar use,
including drive-through
8 spaces per 1,000 sq. ft. of
gross floor area
1 space per
2 employees
Stacking for 6 vehicles
prior to the menu
board, or as required
by a traffic impact
assessment
Self-Storage, public storage
facilities 2 spaces per
3 employees
Recreational Uses
Amusement parks including
multiple activities (such as
simulated flying, racing, and
mini gold etc.), and arcades
1 space per 250 sq. ft. of gross
floor area
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Table 9.215.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or Student
Other Criteria For Vehicle Stacking
Auditoriums, event centers,
bingo operations, and assembly
areas, including live
entertainment
1 space per 30 sq. ft. of net
assembly area 1 space per 3 seats
Billiard and pool rooms, bowling
alleys
1 space per 250 sq. ft. of gross
floor area
Game courts, badminton,
tennis, racquetball 1 space per court
Golf Course 4 spaces per hole
Golf driving ranges (not in
association with full-scale
course)
1 space per tee
Health and Fitness
clubs/gymnasiums, indoor
1 space per 200 sq. ft. of gross
floor area
Parks and recreational areas,
private
1 space per 8,000 sq. ft. of
active recreational area within
a park or playground
1 space per acre of
passive recreational
area within a park
or playground
Sports and recreational facilities
(not including motor driven
vehicles and riding academies,
but including archery ranges,
athletic playgrounds, athletic
fields, sports arenas, skating
rinks, stadiums, and commercial
swimming pools)
1 space per 30 sq. ft. of net
assembly area
Theaters 1 space per 250 sq. ft. of gross
floor area 1 space per 3 seats
Industrial Uses
Industrial uses
1 space per 250 sq. ft. of
office area, PLUS 1 space per
500 sq. ft. of fabrication area,
PLUS 1 space per 1,000 sq. ft.
of storage area, AND 1 space
per 500 sq. ft. of floor plan
which is uncommitted to any
type of use
Research and Development 1 space per 300 sq. ft. of gross
floor area
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Table 9.215.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or Student
Other Criteria For Vehicle Stacking
Warehouse, Logistics and
Distribution Facility
1 space per 1,000 sq. ft. of
gross floor area for the first
100,000 sq. ft.; 1 space per
1,500 sq. ft. for any additional
gross floor area between
100,000 to 500,000 sq. ft.; 1
space per 2,000 sq. ft. of
additional gross floor area
over 500,000 sq. ft.; plus 1
space per 300 sq. ft. of office
use
Fulfillment Center
subject to parking
study
Residential Uses
Single-family 2 spaces per dwelling unit
Enclosed within a
two-car garage, 20’
x 20’ min.
Duplex (two-family dwelling) 2 spaces per dwelling unit
Enclosed within a
two-car garage, 20’
x 20’ min.
Multiple-family: single bedroom
or studio 1.00 spaces per unit See 9.215.040.A.8
below
Multiple-family: two bedrooms 1.50 spaces per unit See 9.215.040.A.8
below
Multiple-family: three or more
bedrooms 2.50 spaces per unit 1 space per
employee
See 9.215.040.A.8
below
Planned residential
development: single-bedroom
or studio
1.25 spaces per unit See 9.215.040.A.8
below
Planned residential
development: two or more
bedrooms
2.5 spaces per unit See 9.215.040.A.8
below
Senior citizen development 1.25 per unit See 9.215.040.A.8
below
Mobile home park
2 spaces per travel trailer or
mobile home space; spaces
may be tandem
1 guest space per 8
mobile home spaces
Accessory dwelling unit (ADU) See 9.295.020 See 9.215.040.A.4
below See 9.295.020
Multi-family and Mixed Use
Residential guest 1 space per each 10 dwelling
units
Lodging Uses
Boarding houses, lodging or
rooming houses, dormitories,
fraternity and sorority houses
1 space per guest
room
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Table 9.215.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or Student
Other Criteria For Vehicle Stacking
Hotels and motels
1 space per guest
room PLUS 1 space
per 300 sq. ft. of
meeting/conference
or ballrooms
Recreational vehicle 1 space per recreational
vehicle site
1 visitor space per 5
recreational vehicle
sites
Medical Uses
Assisted living and community
care facilities 1 space per
3 employees
1 space per 3 beds,
PLUS 1 space per
vehicle owned and
operated by the
institution
Hospitals
1 space per
staff
member of
largest shift
1 space per 2
patient beds, PLUS
1 space per vehicle
owned and
operated by
hospital or clinic
Offices, clinics, including but not
limited to medical, urgent care,
eye care, dental and
chiropractic
1 space per 200 sq. ft.
of net leasable floor area
Small animal hospitals and
veterinary services (no outdoor
facilities)
1 space per 300 sq. ft.
of gross floor area
Civic/Religious Institutions
Art gallery, library, reading room,
museum
1 space per 400 sq. ft.
of gross floor area
1 space per 2
employees
Cemeteries 1 space per 50 sq. ft
of net assembly room area
1 space per
employee
1 space per vehicle
operated on the
grounds by the
proprietary
institution
Funeral parlor, mortuary with
crematorium
1 space per 50 sq. ft.
of net assembly area
1 space per
employee
Religious institutions
1 space per 50 sq. ft.
of net assembly area
used simultaneously
for assembly purposes
Public Utilities
Public utility substations and
storage buildings 1 space per
2 employees
1 space per vehicle
kept in connection
with the use
Educational Institutions
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Table 9.215.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or Student
Other Criteria For Vehicle Stacking
Day care centers, including
nurseries and preschools
1 space per
2 employees
PLUS 1 space
per 5
children
based on
facility
capacity
Elementary and junior high
schools
1.5 spaces per classroom PLUS
1 space per 5 fixed seats in
auditorium, gymnasium, or
similar public assembly facility
Loading/unloading
space for at least 2
school buses, or as
required by a traffic
impact assessment
High schools 8 spaces per classroom
Loading/unloading
space for at least 2
school buses
Colleges, universities, business
colleges, commercial schools
1 space per
employee
PLUS 4
spaces per
10 students
based on
maximum
classroom
capacity
Trade and vocational schools 1 space per 35 SF or
instruction gross floor area OR
2 spaces per
3 people
based on
maximum
number of
students and
staff
A. Conditions and Exceptions. The following are conditions and exceptions to the requirements of
Table 9.215.040-1, Parking Requirements.
1. Existing, permitted, non-residential uses on lots less than 6,500 square feet are exempt from
the parking requirements.
2. Up to 2,500 square feet of floor area of non-residential uses in existing vertical mixed-use
buildings are exempt from the parking requirements.
3. No minimum requirement for residential or mixed-use reuse of listed historic structures.
4. Multi-family and mixed-use guest parking. Guest parking spaces shall be distributed
throughout multi-family development sites and the residential portion of the mixed-use
development in a manner that allows an ease of use between the guest space and the location
of the residential units. Guest spaces shall be marked as such and shall remain available for
visitors to the property. In mixed use projects, these spaces are not to be used as additional
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parking for permanent residents or count towards required commercial parking within a
mixed commercial/residential development.
5. Unless otherwise specified, all parking must be within 600 feet of the use served, on the same
parcel as the use or on an adjoining appropriately zoned parcel.
6. All vehicle storage (stacking) spaces shall be located off-street. A driveway for stacking leading
to a drive-up window shall be designed so as not to interfere with the free or orderly
circulation of the parking area. See Section 9.240.090 Drive-Through and Drive-In Facilities for
stacking space dimensions.
7. Commercial parking stalls shall be within a building or screened with a combination of walls
and landscaping. An alternative screening structure/device may be approved by the approval
authority.
8. Residential parking requirements set forth in this Chapter shall be provided within a parking
structure or enclosed one- and two-car garages, except that for multiple family residences,
condominiums, planned residential developments and senior citizen planned residential
developments, at least one of the required parking spaces per unit shall be located in a garage
or carport. Parking spaces shall be assigned to each individual unit. Individual one- and two-
car garages shall maintain a minimum clear parking area of not less than 10 feet by 20 feet for
a one-car garage and not less than 20 feet by 20 feet for a two-car garage. No storage cabinets,
areas designated for trash cans or recyclable containers, or mechanical equipment, including
but not limited to, water heaters, utility sinks or washers and dryers, shall encroach into the
required parking area.
9. The total number of required parking spaces may be reduced by the amount necessary to
accommodate electric vehicle charging stations (EVCS), if the EVCS and associated equipment
interferes with, reduces, eliminates, or in any way impacts the required parking spaces for
existing uses (for additional EVCS provisions, see Section 9.215.100 Electric/Alternative Fuel
Vehicle Parking).
B. Layout Design Standards.
1. Location of Parking Areas
a. No parking space shall be located within 3 feet of any property line.
b. No parking space on a driveway providing direct access to a street shall be located closer
than 30 feet from the property line at the right-of-way.
C. Parking Space Specifications.
1. The location and dimensions of parking spaces and aisles adjacent to parking spaces shall be
provided in accordance with Table 9.215.040-2, Dimensions of Parking Spaces and Aisles.
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Table 9.215.040-2 Dimensions of Parking Spaces and Aisles
Parking
Angle
Stall
Width
(feet)
Stall
Length
(feet)
Stall
Width
Parallel
to Curb
or Wall
(feet)
Parking
Space
Depth
to Wall
or Curb
(feet)
Parking
Space
Depth to
Interlock
(feet)
Maneuvering
Aisle Width
(feet)(1)
Wall/Curb
to Interlock
Double Bay
(feet)
Wall to
Wall
Double
Parking
Bay
(feet)
Interlock
to
Interlock
Double
Bay (feet)
Figure
Label A B C D E F G Not
Shown H
90 o 9.0 18.0 9.0 18.0 18.0 24.0 60.0 60.0 60.0
75 o 9.0 18.0 9.5 19.5 18.5 21.0 59.0 60.0 58.0
60 o 9.0 18.0 10.5 20.0 17.75 17.5 55.25 57.5 53.0
45 o 9.0 18.0 13.0 19.0 15.75 15.0 49.75 53.0 46.5
0 o 9.0 22.0 NA 9.0 22.0 12.0 43.0 33.0 NA
(1) Aisles used for fire access shall not be less than 24 feet in width. Aisle widths below 24 feet can only be used for one-way traffic.
Figure 9.260.040-2 Reference Drawing for Minimum Parking Dimensions
2. The width of driveways for one-family and two-family dwellings shall be 12 feet, and 24 feet
for all other multifamily and non-residential uses, except as otherwise modified by the
approval authority. All driveways located within a road right-of-way shall be approved by the
City Engineer. Where parallel parking is allowed, the minimum width shall be increased by 8
feet for parking on one side and by 16 feet for parking on both sides.
3. Stub streets in excess of 150 feet shall have a minimum 45-foot radius turnaround at the end,
or as otherwise approved by the Riverside County Fire Department/Cal Fire.
D. Off-Street Parking Area Striping
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1. If five or more parking spaces are provided, each space shall be clearly marked with white
paint or other easily distinguishable material.
2. If ten or more parking spaces are provided and one-way aisles are used, directional signs or
arrows painted on the surface shall be used to properly direct traffic.
E. Drainage
1. All parking areas, including driveways, shall be graded to prevent ponding and to minimize
drainage runoff from entering adjoining properties.
F. Curbs, Bumpers, Wheel Stops or Similar Devices
1. Public parking areas shall be equipped with permanent curbs, bumpers, wheel stops or similar
devices so that parked vehicles do not overhang required walkways, planters or landscaped
areas.
a. If the method used is designed to stop the wheel rather than the bumper of the vehicle,
the stopping edge shall be placed no closer than 2 feet from the edge of any required
walkway, planter or landscaped area, or from any building.
b. The innermost 2 feet of each parking space, between the wheel stop or other barrier,
and any required planter or walkway, may either be paved or be planted with low ground
cover.
2. This additional planting area is considered part of the parking space and may not be counted
toward satisfying any landscaping requirement(s).
G. Lighting
1. Parking area lighting is not required. However, if parking areas are lighted, such lighting
facilities shall be located to prevent lights from shining directly onto adjoining properties or
streets.
2. Parking area lighting shall be of an energy-efficient type. Parking area lighting shall be
consistent with Chapter 9.205, Lighting Standards and Chapter 6.01, Dark Sky Lighting
Requirements of the Menifee Municipal Code.
H. Walls
1. All paved parking areas, other than those required for single-family residential uses, which
adjoin property zoned residentially, shall have a 6-foot-high solid masonry wall with an anti-
graffiti coating installed to preclude a view of the parking area from such adjoining property.
However, any walls within 10 feet of any street or alley shall be 30 inches high.
I. Loading Space Requirements
1. On each lot used for manufacturing, storage, warehousing, goods display, a department store,
a wholesale store, a market, a hotel, a hospital, a laundry, dry cleaning or other uses which
involve the receipt or distribution by vehicles of materials or merchandise, adequate loading
space for delivery vehicle stacking and for loading activities shall be provided and maintained.
The loading space and delivery vehicle stacking area shall be located and designed so as to
avoid undue interference with parking, or the public use of streets and alleys.
2. Each required loading space shall be ten feet wide, twenty-five feet long, and fourteen feet of
unobstructed vertical height.
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3. Turning Radius. All loading areas shall be provided with an adequate turning radius. An
adequate turning radius means one which will enable a vehicle to maneuver into and out of
the loading area without backing onto a street or highway.
4. Screening shall be provided consistent with Chapter 9.185, Fences, walls and screening.
MINIMUM NUMBER OF LOADING SPACES
Gross Floor Area (square feet) Number of Loading Spaces
7,499 or less 0
7,500 to 14,999 1
15,000 to 24,999 2
25,000 to 39,999 3
40,000 to 59,999 4
60,000 to 79,999 5
80,000 to 100,000 6
For each additional 100,000 6 plus 1
J. Parking for Persons with Disabilities
Parking spaces shall be provided for access by persons with disabilities in accordance with
California Code of Regulations, Title 24.
K. Bicycle Parking Facilities
1. Bicycle Parking Facility Classifications. Bicycle parking facilities shall be classified as follows:
a. Class I. Covered, lockable enclosures with permanently anchored racks for bicycles.
b. Class II. Lockable bicycle rooms with permanently anchored racks, where the bicyclist
supplies only a padlock.
c. Class III. Lockable, permanently anchored bicycle racks, where the bicyclist supplies a
padlock and chain or cable to secure the bicycle to the stationary object, typically a
cement slab or vertical metal bar.
2. Bicycle Parking Requirements.
a. Minimum Bicycle Parking Facilities. The minimum bicycle parking shall be provided per
Table 9.215.040-5, Bicycle Spaces for Bicycle Parking Facility Class.
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Table 9.215.040-5 Bicycle Spaces for Bicycle Parking Facility Class
Bicycle Spaces for Bicycle Parking Facility Class
Facility
Class INDUSTRIAL RESTAURANTS AND
COCKTAIL LOUNGES
COMMERCIAL, OFFICE
AND SERVICE USES NOT
OTHERWISE LISTED
Multi-Family
Employees
1 bicycle space for every
25 parking spaces
required. A minimum of 2
bicycle spaces required.
Type: Class I or Class II
1 bicycle space for every
25 parking spaces
required. A minimum of 2
bicycle spaces required.
Type: Class I or Class II
1 bicycle space for every
25 parking spaces
required. A minimum of 2
bicycle spaces required.
Type: Class I or Class II
A minimum of 2 bicycle
spaces required.
Type: Class I, II, or III
Patrons or
visitors Type: N/A
1 bicycle space for every
25 parking spaces
required. A minimum of 2
bicycle spaces required.
Type: Class I, II or III
1 bicycle space for every
25 parking spaces
required. A minimum of 2
bicycle spaces required.
Type: Class I, II, or III
N/A
Tenants N/A N/A N/A
1 bicycle space for every
20 parking spaces
required. A minimum of 2
bicycle spaces required.
Type: Class I, II, or III
NOTES:
1. Where the application of the provisions in the above table results in the requirement for a fraction of a bicycle parking space,
such a space need not be provided unless the fraction exceeds 50 percent.
2. Where the application of the provisions in the above table results in the requirement of fewer than six employee spaces, Class
II racks need not be placed within an enclosed lockable area.
b. Design Standards. Bicycle parking facilities shall be installed in a manner which allows
adequate spacing for access to the bicycle and the locking device when the facilities are
occupied. General space allowances shall include a 2-foot width and a 6-foot length per
bicycle and a 5-foot-wide maneuvering space behind the bicycle. The facilities shall be
located on a hard, dust-free surface, preferably asphalt or concrete.
c. Exemptions. Requests for exemptions from bicycle parking requirements shall be made
in writing to the approval authority.
i. Exemptions from bicycle parking requirements shall be submitted and processed
concurrently with the project application.
ii. Exemptions may be granted depending upon the location of the site with respect to
an urbanized area, the nature and hours of operation of the proposed use, and the
accessibility of the site by bicycle at present and in the future.
(Ord. No. 2022-351, 09/21/2022)
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Chapter 9.295 Special Housing Types
Contents:
9.295.010 Purpose
9.295.020 Accessory Dwelling Units and Junior Accessory Dwelling Units
9.295.025 Emergency Shelter
9.295.030 Guest Living Quarters
9.295.035 Low Barrier Navigation Center
9.295.037 Multifamily Housing in Commercial Zones – AB 2011 & SB 6
9.295.040 Single-Room Occupancy Units
9.295.020 Accessory Dwelling Units and Junior Accessory Dwelling Units
A. Purpose. The purpose of this section is to establish development standards for accessory dwelling
units and to ensure the accessory dwelling unit is constructed and operated in a manner that is
consistent with the requirements and allowances of state law, specifically Government Code
Section 65852.2.
B. Applicability. The standards contained in this section shall apply to all accessory dwelling units and
junior accessory dwelling units.
C. No Planning Permit RequiredPermit Requirements.
1. No Planning Permit Required. No planning application is required prior to the establishment
of
a. an accessory dwelling unit when proposed within an existing permitted structure,
including within the primary dwelling unit, an attached or detached garage, or other
accessory structure. The accessory dwelling unit shall meet all standards of Subsection
9.295.020.E.1 to be verified through the building permit process.
1. Planning Building Permit Required. A planning permit is required prior to the establishment
of an accessory dwelling unit when not proposed entirely within an existing permitted
structure in accordance with the permit procedures in Article 2, Chapter 9.35 (Administration,
Permits, and Procedures) and use tables in Article 3 (Zones). Accessory dwelling units and
junior accessory dwelling units shall be approved ministerially through building plan check
review and the issuance of a building permit and any other non-discretionary permit (e.g.,
grading permit) that may be required as applicable. Building plan check is not required for use
of “City approved Permit Ready Accessory Dwelling Unit Plans”; however, preparation and
submission of a site plan for review is required to determine compliance with Planning,
Building, Engineering and Fire Code requirements as applicable to the property in which the
accessory dwelling unit is proposed. If applicable, a grading plan may also be required as
determined by the Public Works Director.
2. An application for a permit pursuant to this section shall, notwithstanding Sections 65901 or
65906 of the Government Code or City code requirements for the issuance of variances or
special use permits, be considered ministerially, without discretionary review or a hearing.
The City shall either approve or deny the application to create or serve an accessory dwelling
unit or junior accessory dwelling unit within 60 days from the date of receiving a completed
Note: Only sections amended or added are included for this Chapter
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application if there is an existing single-family dwelling on the lot. If the permit application to
create or serve an accessory dwelling unit or junior accessory dwelling unit is submitted with
a permit application to create or serve a new single-family dwelling on the lot, the City may
delay approving or denying the permit application for the accessory dwelling unit or junior
accessory dwelling unit until the City approves or denies the permit application to create or
serve the new single-family dwelling, but the application to create or serve the accessory
dwelling unit or junior accessory dwelling unit shall still be considered ministerially without
discretionary review or a hearing. If the applicant requests a delay, the 60-day time period
shall be tolled for the period of the delay.
3. If the City denies an application for an accessory dwelling unit or junior accessory dwelling
unit within 60 days of the date of receiving a completed application, the City shall return in
writing a full set of comments to the applicant with a list of items that are defective or
deficient and a description of how the application can be remedied by the applicant.
4. An application for a permit to create an accessory dwelling unit or junior accessory dwelling
unit shall not be denied due to the correction of nonconforming zoning conditions, building
code violations, or unpermitted structures that do not present a threat to public health and
safety and that are not affected by the construction of the accessory dwelling unit or junior
accessory dwelling unit.
5. Demolition Permit. The review and issuance of a demolition permit for a detached garage
that is replaced by an accessory dwelling unit shall be reviewed with the application for the
accessory dwelling unit and issued at the same time.
6. Development Impact Fees. Development impact fees shall not be required for an accessory
dwelling unit less than 750 square feet in size. Any impact fees charged for an accessory
dwelling unit of 750 square feet or more shall be charged proportionally in relation to the
square footage of the primary dwelling unit.
D. Density and Consistency.
1. Accessory dwelling units are not considered for the purposes of evaluating the density
requirements established in the General Plan.
2. Accessory dwelling units are a residential use that is consistent with the existing General Plan
designation and zoning for the lot.
3. Accessory dwelling units shall not be considered new residential uses for the purposes of
calculating local agency connection fees or capacity charges for utilities, including water and
sewer service.
E. Development and Operational Standards.
1. Accessory Dwelling Units within an Existing Permitted Structure. Accessory dwelling units
located within an existing permitted structure shall comply with all the following standards:
a. The lot is zoned for to allow single-family or multifamily dwelling residential use and
contains no more than one existing or proposed single-family dwelling.
b. No other accessory dwelling unit exists or is proposed on the same parcel, except a junior
accessory dwelling unit.
c. The accessory dwelling unit shall not be sold or otherwise conveyed separate from the
primary dwelling on site. may be rented. An accessory dwelling unit may also be sold or
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conveyed separately from the primary residence to a qualified buyer if all of the following
apply:
i. The accessory dwelling unit or the primary dwelling was built or developed by a
qualified nonprofit corporation.
ii. There is an enforceable restriction on the use of the land pursuant to a recorded
contract between the qualified buyer and the qualified nonprofit corporation
that satisfies all of the requirements specified in paragraph (10) of subdivision (a)
of Section 402.1 of the Revenue and Taxation Code.
iii. The property is held pursuant to a recorded tenancy in common agreement that
includes all of the following:
1. The agreement allocates to each qualified buyer an undivided, unequal
interest in the property based on the size of the dwelling that each qualified
buyer occupies.
2. A repurchase option that requires the qualified buyer to first offer the
qualified nonprofit corporation to buy the accessory dwelling unit or primary
dwelling if the buyer desires to sell or convey the property.
3. A requirement that the qualified buyer occupy the accessory dwelling unit
or primary dwelling as the buyer’s principal residence.
4. Affordability restrictions on the sale and conveyance of the accessory
dwelling unit or primary dwelling that ensure the accessory dwelling unit
and primary dwelling will be preserved for low-income housing for 45 years
for owner-occupied housing units and will be sold or resold to a qualified
buyer.
5. If the tenancy in common agreement is recorded after December 31, 2021,
it shall also include all of the following:
i. Delineation of all areas of the property that are for the exclusive use of
a cotenant. Each cotenant shall agree not to claim a right of occupancy
to an area delineated for the exclusive use of another cotenant,
provided that the latter cotenant’s obligations to each of the other
cotenants have been satisfied.
ii. Delineation of each cotenant’s responsibility for the costs of taxes,
insurance, utilities, general maintenance and repair, improvements,
and any other costs, obligations, or liabilities associated with the
property. This delineation shall only be binding on the parties to the
agreement, and shall not supersede or obviate the liability, whether
joint and several or otherwise, of the parties for any cost, obligation,
or liability associated with the property where such liability is
otherwise established by law or by agreement with a third party.
iii. (Procedures for dispute resolution among the parties before resorting
to legal action.
6. A grant deed naming the grantor, grantee, and describing the property
interests being transferred shall be recorded in the county in which the
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property is located. A Preliminary Change of Ownership Report shall be filed
concurrently with this grant deed pursuant to Section 480.3 of the Revenue
and Taxation Code.
7. Notwithstanding Government Code Section 65852.2(f)(2)(A), if requested by
a utility providing service to the primary residence, the accessory dwelling
unit has a separate water, sewer, or electrical connection to that utility.
iv. For purposes of this section, the following definitions apply:
1. “Qualified buyer” means persons and families of low or moderate income,
as that term is defined in Section 50093 of the Health and Safety Code.
2. “Qualified nonprofit corporation” means a nonprofit corporation organized
pursuant to Section 501(c)(3) of the Internal Revenue Code that has received
a welfare exemption under Section 214.15 of the Revenue and Taxation
Code for properties intended to be sold to low-income families who
participate in a special no-interest loan program.
d. The accessory dwelling unit shall not be rented for less than a 30-day period.
e. The accessory dwelling unit complies with all Building and Safety Code requirements.
f. The side and rear yard setbacks are sufficient for meeting fire safety requirements.
g. Exterior access to the accessory dwelling unit, independent from the primary dwelling
unit, is provided.
h. If a garage, carport or covered parking structure providing required parking for the
primary dwelling is demolished or converted in conjunction with the construction of
an accessory dwelling unit, replacement spaces for the primary dwelling shall not be
required.
i. The accessory dwelling unit shall not be required to provide fire sprinklers if they are
not required for the primary dwelling. Installation of fire sprinklers in the primary
dwelling shall not be required due to the construction of an accessory dwelling unit.
j. If a private sewage disposal system is used, the applicant has obtained approval from
all appropriate agencies.
k. Installation of a new or separate utility connection or the collection of a related
connection fee or capacity charge is not required.
l. If there is an existing primary dwelling, the total floor area of an attached accessory
dwelling unit shall not exceed 50 percent of the exiting primary dwelling.
2. Accessory Dwelling Units (Attached and Detached). Accessory dwelling units not located
within an existing permitted structure (i.e., new attached and detached structures) shall
comply with all the following standards:
a. The lot is zoned for to allow single-family or multifamily dwelling residential use and
contains no more than one existing or proposed single-family dwelling.
b. No other accessory dwelling unit exists or is proposed on the same parcel, except a junior
accessory dwelling unit.
c. The accessory dwelling unit may be rented. An accessory dwelling unit may also be sold
or conveyed separately from the primary residence to a qualified buyer if it meets all of
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the provisions of Section 9.295.020.E.1.c. shall not be sold or otherwise conveyed
separate from the primary dwelling on-site.
d. Either the primary dwelling or the accessory dwelling unit shall be occupied by the owner
of the property,. The accessory dwelling unit shall not be rented for less than a 30-day
period.
d.e. The accessory dwelling unit complies with all Building and Safety Code requirements.
e.f. The maximum total floor area for an attached or detached accessory dwelling unit is
1,2001,500 square feet.
f.g. Accessory dwelling units shall comply with the development standards of the zone in
which the property is located, except:
i. Setbacks. no setback shall be required for an existing living area or accessory
structure or a structure constructed in the same location and to the same dimensions
as an existing structure that is converted to an accessory dwelling unit or to a portion
of an accessory dwelling unit; and, a setback of no more than four feet from the side
and rear lot lines shall be required for an accessory dwelling unit (that is not
converted from an existing structure or a new structure constructed in the same
location and to the same dimensions as an existing structure). Notwithstanding the
above setback requirements, a guest living quarter located in or on a permitted
existing detached accessory structure (such as a garage) may be allowed with
reduced interior side and rear yard setbacks if the setbacks are found to be sufficient
for meeting fire safety requirements.
1. Front Setback. The front setback shall be the same as the underlying zoning of
the property in which the accessory dwelling unit is proposed, except that
application of the front yard setback standard shall not preclude the
construction of an accessory dwelling unit, of at least 800 square feet in size
with four-foot side and rear yards. The front setback standard may be reduced
to the extent necessary to accommodate the accessory dwelling unit.
2. Side and Rear Setback. A setback of no more than four feet from the side and
rear lot lines shall be required for an accessory dwelling unit that is not
converted from an existing structure or a new structure constructed in the same
location and to the same dimensions as an existing structure.
The above setback requirements shall not apply where an existing permitted
accessory structure or structure is converted to an accessory dwelling unit or where
the accessory dwelling unit replaces an existing structure provided that the
accessory dwelling unit is constructed in the same location and to the same
dimensions as the existing structure and that the structure meets fire safety
requirements.
ii. Height.
1. A maximum height of 18 feet for a detached accessory dwelling unit on a lot
with an existing or proposed single family or multifamily dwelling unit.
2. A maximum height of 20 feet for a detached accessory dwelling unit on a lot
with an existing or proposed single-family or multifamily dwelling unit that is
within one-half mile walking distance of a major transit stop or a high quality
transit corridor, as those terms are defined in Section 211155 of the Public
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Resources Code.
1. A maximum height of 25 feet or the height limitation of the zone applicable to
the primary dwelling, whichever is lower, for an accessory dwelling unit that is
attached to the primary dwelling.
g.h. Accessory dwelling units shall be located to the rear or side of the primary dwelling, but
shall not preclude the construction of an accessory dwelling unit, of at least 800 square
feet in size with four-foot side and rear yards. unless a minor exception is granted
pursuant to the procedures of Chapter 9.70 (Minor Exception).
h.i. Parking shall be provided as follows:
i. One off-street parking space shall be required for the accessory dwelling unit. The
space may be uncovered and shall be permitted in setback areas or as tandem
parking, unless the location is not feasible based upon specific site or regional
topographical or fire and life safety conditions.
ii. Parking for the accessory dwelling unit shall not be required if any of the following
conditions are met:
1. The accessory dwelling unit is located within one-half mile walking distance of
public transit.
2. The accessory dwelling unit is located within an architecturally and historically
significant historic district.
3. The accessory dwelling unit is located within anpart of the proposed or existing
permitted primary residence or an accessoryexisting permitted structure.
4. When on-street parking permits are required but not offered to the occupant(s)
of the accessory dwelling unit.
5. When there is a car-share vehicle located within one block of the accessory
dwelling unit.
5.6. When a permit application for an accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling or a new multifamily
dwelling on the same lot, provided that the accessory dwelling unit satisfies all
other criteria required in this chapter.
iii. If a garage, carport, or covered parking structure providing required parking for the
primary dwelling is demolished or converted in conjunction with the construction of
an accessory dwelling unit, replacement spaces are not required.
i.j. . Accessory dwelling units shall be compatible with the architectural style of the primary
dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine
architectural compatibility, the accessory dwelling unit structure must possess at least
three of the following traits in common with the primary dwelling on-site:
i. Wall covering materials.
ii. Roofing material.
iii. Roofing pitch.
iv. Structural eaves.
v. Mass and scale of structure relative to structural height.
vi. Window characteristics.
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vii. Decorative treatments.
j.k. Outside stairways serving an accessory dwelling unit located on a second story shall not
be constructed on any building elevation facing a public street, not including alleys.
k.l. Any accessory dwelling unit located more than 150 feet from a public right-of-way shall
provide all-weather access for emergency vehicles as required by the Fire Marshal.
l.m. Prior to issuance of a building permit, the applicant shall grant to the City an irrevocable
offer of dedication for any additional right-of-way required to be consistent with the
General Plan Circulation Element, or provide for access to the project site, or ensure that
previous dedications were properly provided with underlying subdivisions and lot splits
(prior to Subdivision Map Act requirements).
m.n. Prior to issuance of a building permit, public improvements may be required where public
health, safety or welfare conditions warrant additional improvements.
n.o. Prior to issuance of a building permit, the applicant shall submit to the City Building and
Safety Department written certification from the affected water and sewer district(s) that
adequate water and sewer facilities are or will be available to serve the proposed
accessory dwelling unit. For accessory dwelling units using onsite septic facilities, the City
requires a percolation test completed within the last five years, or if the percolation test
has been recertified, in the last 10 years. wWritten certification of acceptability, including
all supportive information, shall be submitted to the City Building and Safety Department
with any application for a building permit for an accessory dwelling unit.
o. Based upon geographic constraints, review shall be required from the following agencies,
departments, divisions and districts:
i. Fire Department.
ii. Riverside County Flood Control and Water Conservation District.
iii. Any other entities deemed necessary as determined by the Community Development
Director.
p. Accessory dwelling units shall not be permitted in those areas of the city which have
significant problems with regard to water availability or quality, sewage disposal or other
public health or safety concerns. Prohibited areas shall include, but not be limited to,
those areas where a development moratorium has been imposed, including a
moratorium for water or sewer, whether imposed by the City or another public agency
with the authority to impose such a development moratorium.
q. A new or separate utility connection directly between the accessory dwelling unit and
the utility may be required, unless exempt pursuant to Government Code section
65852.2(f)(4). The connection may be subject to a connection fee or a capacity charge
that shall be proportionate to the burden of the proposed accessory dwelling unit upon
the water or sewer system, based upon either the size of the accessory dwelling unit or
the number of its plumbing fixtures.
r. The installation of fire sprinklers shall not be required in an accessory dwelling unit if
sprinklers are not required for the primary residence. The construction of an accessory
dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the
existing single-family or multifamily dwelling.
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3. Multifamily Accessory Dwelling Units and Accessory Dwelling Units combined with a Junior
Accessory Dwelling Unit. Notwithstanding the above, any of the following within a residential
or mixed-use zone is allowed subject to ministerial approval of building permit:
a. One accessory dwelling unit and one junior accessory dwelling unit per lot with a
proposed or existing single-family dwelling if all of the following apply:
i. The accessory dwelling unit or junior accessory dwelling unit is within the proposed
space of a single-family dwelling or existing space of a single-family dwelling or
accessory structure and may include an expansion of not more than 150 square feet
beyond the same physical dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the existing accessory structure shall be
limited to accommodating ingress and egress.
ii. The space has exterior access from the proposed or existing single-family dwelling.
iii. The side and rear setbacks are sufficient for fire and safety.
iv. The junior accessory dwelling unit complies with the requirements of Section
9.295.020.E.4.
b. One detached, new construction, accessory dwelling unit that does not exceed four-foot
side and rear yard setbacks for a lot with a proposed or existing single-family dwelling.
The accessory dwelling unit may be combined with a junior accessory dwelling unit
described above, subject to the following conditions on the accessory dwelling unit:
i. A total floor area limitation of not more than 800 square feet.
ii. A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph
(D) of paragraph (2) of subdivision (c).
c. Multiple Accessory Dwelling units within portions of existing multifamily structures.
i. Multiple accessory dwelling units within the portions of existing multifamily dwelling
structures that are not used as livable space, including, but not limited to, storage
rooms, boiler rooms, passageways, attics, basements, or garages, if each unit
complies with state building standards for dwellings.
ii. At least one accessory dwelling unit within an existing multifamily dwelling up to a
maximum of 25 percent of the existing multifamily dwelling units.
d. Multifamily with detached accessory dwelling units.
i. Not more than two accessory dwelling units that are located on a lot that has an
existing or proposed multifamily dwelling, but are detached from that multifamily
dwelling and are subject to the applicable height limitation of this chapter as
applicable, and rear yard and side setbacks of no more than four feet.
ii. If the existing multifamily dwelling has a rear or side setback of less than four feet,
no modification of the existing multifamily dwelling as a condition of approving the
application to construct an accessory dwelling unit that satisfies the requirements of
this chapter.
4. Development and Operational Standards for Junior Accessory Dwelling Units (JADU).
a. No more than one JADU is permitted per residential lot zoned for single-family
residences, with a single-family residence built, or proposed to be built on the lot.
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b. JADUs must be constructed entirely within the walled interior area of an existing or
proposed primary dwelling. Enclosed uses within the residence, such as an attached
garage, are considered part of the proposed or existing single-family residence.
c. The JADU shall not be rented for less than a 30-day period.
d. The JADU complies with all Building and Safety Code requirements.
e. The JADU shall have its own separate entrance from the main entrance of the proposed
or existing single-family residence.
f. The JADU may include separate sanitation facilities or may share sanitation facilities with
the existing structure. If a permitted JADU does not include a separate bathroom, the
permitted JADU shall include a separate entrance from the main entrance to the
structure, with an interior entry to the main living area.
g. The JADU shall not exceed 500 square feet.
h. The JADU must include an efficiency kitchen, which shall include the following:
i. A cooking facility with appliances; and
ii. A food preparation counter and storage cabinets that are of reasonable size in
relation to the size of the JADU.
i. No additional parking shall be required for a JADU.
j. The owner of single-family property on which the JADU is proposed, must execute a
covenant and agreement in a form acceptable to the City, stating that either the
remaining portion of the primary dwelling or the newly created JADU will be occupied by
the property owner. Owner occupancy is not required if the owner is another
governmental agency, land trust, or housing organization.
k. The owner must record a deed restriction, which shall run with the land, which shall
include the following:
i. A prohibition on the sale of the JADU separately from the sale of the single-family
residence, including a statement that the deed restriction may be enforced against
future purchasers.
ii. A restriction on the size and attributes of the JADU as outlined in these provisions.
l. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be
considered a separate or new dwelling unit.
m. For purposes of providing service for water, sewer, or power, including a connection fee,
a JADU shall not be considered a separate or new dwelling unit.
Certificate of Occupancy. No certificate of occupancy for an accessory dwelling unit shall be
issued before the issuance of a certificate of occupancy for the primary dwelling.
9.295.025 Emergency Shelter
A. Purpose and Intent. The purpose of this section is to permit Emergency Shelters and to
ensure that they do not adversely impact adjacent properties and surrounding
neighborhoods consistent with the goals, objectives, and policies of the General plan.
B. Applicability. Emergency shelters shall be permitted in the HI and HDR zones without a
conditional use permit or other discretionary action. For the purposes of this Section,
“Emergency Shelter” shall include other interim interventions, including, but not limited to, a
navigation center, bridge housing, and respite or recuperative care.
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C. Development Standards. Emergency Shelters shall comply with the standards of the
underlying zoning of the property in which the Emergency Shelter is proposed, the City’s
Multifamily Objective Design Standards as applicable, and all local, state, and federal
requirements. In addition, Emergency Shelters shall comply with the following:
1. The maximum number of clients permitted to be served (eating, showering, and/or
sleeping) nightly shall not exceed one per one hundred twenty-five (125) square
feet of floor area;
2. Sufficient parking shall be provided to accommodate all staff working in the
emergency shelter, provided that the required parking for the emergency shelter is
no more than other residential or commercial uses within the same zone.
3. The interior onsite waiting and client intake area for a facility shall include a
minimum of ten (10) square feet per bed;
4. An exterior onsite waiting and client intake area shall be located a minimum of 50
feet from any public right-of-way, and a minimum of 50 feet from an adjacent
property, and shall be screened from public view by a minimum 6-foot-high screen
wall and landscaping;
5. No portion of any Emergency Shelter shall be located within three hundred (300)
feet of another Emergency Shelter;
6. Lighting shall be provided in all parking, exterior (outside) intake and/or waiting
areas, outside common areas and along the periphery of the building and facility.
Such lighting shall be in conformance with Chapter 9.205 Lighting Standards of
this Code.
7. Provide on-site facilities management personnel during all hours that the
emergency shelter is in operation.
8. Provide security during all hours that the emergency shelter is in operation.
9.295.035 Low Barrier Navigation Center
A. Purpose. The purpose of this section is to establish requirements for review of low barrier
navigation centers in compliance with California Government Code Sections 65660 through
65668. The California Legislature finds and declares that Low Barrier Navigation Center
developments are essential tools for alleviating the homelessness crisis in this state and are a
matter of statewide concern and not a municipal affair as that term is used in Section 5 of
Article XI of the California Constitution. Therefore, Article 12 – Low Barrier Navigation Centers
of the California Government Code shall apply to all cities, including charter cities.
B. Applicability. The provisions contained in this section shall apply to all low barrier navigation
centers. A Low Barrier Navigation Center development is a use by right in areas zoned for
mixed use and nonresidential zones permitting multifamily uses, provided that it meets the
following requirements:
1. It offers services to connect people to permanent housing through a services plan that
identifies services staffing.
2. It is linked to a coordinated entry system, so that staff in the interim facility or staff
who collocate in the facility may conduct assessments and provide services to connect
people to permanent housing.
3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the
Welfare and Institutions Code.
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4. It has a system for entering information regarding client stays, client demographics,
client income, and exit destination through the local Homeless Management
Information System as defined by Section 578.3 of Title 24 of the Code of Federal
Regulations.
5. Low Barrier Navigation Centers shall also comply with the standards established for
Emergency Shelters in Section 9.295.027 of this Code.
C. Requirements for By Right Review. Within 30 days of receipt of an application for a Low
Barrier Navigation Center development, the City will notify a developer whether the
developer’s application is complete. If the application is determined to be incomplete, the City
will provide the applicant with an exhaustive list of items that were not complete (Government
Code Section 65943).
D. Definitions. For the purposes of this section, the following definitions apply unless the context
clearly indicates or requires a different meaning, or otherwise defined in Government Code
Sections 65660 et seq.
1. “Coordinated entry system” means a centralized or coordinated assessment system
developed pursuant to the applicable provisions of the Code of Federal Regulations as
specified in Government Code Section 65662, and any related requirements, designed
to coordinate program participant intake, assessment, and referrals.
2. “Low barrier” see definition of “Supportive Housing – Low Barrier Navigation Center”
in Chapter 9.300 Universal Definitions.
3. “Low barrier navigation center” see definition of “Supportive Housing – Low Barrier
Navigation Center” in Chapter 9.300 Universal Definitions.
E. Repeal. This section shall remain in effect until January 1, 2027, and as of that date is repealed
unless extended under state law.
9.295.037 Multifamily Housing in Commercial Zones – AB 2011 & SB 6
A. Purpose. This section is adopted pursuant to the provisions of Assembly Bill 2011, known as the
“Affordable Housing and High Road Jobs Act of 2022,” and Senate Bill 6, known as the Middle
Class Housing Act of 2022.” This legislation is intended to provide greater opportunity for housing
and address the State’s continuing housing crisis.
B. Applicability. This section establishes clear eligibility criteria for the use of commercial-zoned
properties for multiple-family developments.
1. AB 2011 Mixed-Income Housing Projects are permitted in:
a. Zoning districts where office, retail, or parking are a principally permitted use;
and
2. AB 2011 100% Affordable Housing Projects are permitted in:
a. Zoning districts where office, retail, or parking are a principally permitted use.
3. SB 6 Projects are permitted in:
a. Zoning districts where office, retail, or parking are a principally permitted use.
C. Application and Processing.
1. AB 2011 Mixed-Income Housing Projects and AB 2011 100% Affordable Housing Projects
that meet all the requirements of this section shall be by right and require submittal of
an AB 2011 Multi-Family Ministerial Review application processed in accordance with the
following procedures:
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a. Application Review Shot-Clock and Written Comments. If the City determines
that the proposed development is in conflict with any objective development
standards, the City will provide the applicant with written documentation of the
standards the development conflicts with, as well as an explanation for the
reason(s) the development conflicts with the standards within:
i. 60 days of submittal for developments of 150 or fewer housing units
ii. 90 days of submittal for developments larger than 150 units.
b. Reasonable Person Standard for Determination of whether Objective Planning
Standards are met. A development is consistent with objective planning
standards if there is substantial evidence that would allow a reasonable person
to conclude that the development is consistent with the objective planning
standards.
c. Design Review Shot-Clock. Design review shall be broadly applicable and to
developments within the City and shall not inhibit or preclude the ministerial
approval provided by the review process. The review must be completed within:
i. 90 days of submittal for developments of 150 or fewer housing units.
ii. 180 days of submittal for developments larger than 150 units.
iii. The design review shot-clock runs concurrently with
d. Applications for an AB 2011 Multi-Family Ministerial Review shall be reviewed
and approved by the designated approving authority as specified in Table
9.30.090-1 (Designated Authority for Permits and Approvals). The designated
approving authority is authorized to approve, alter, or deny an application for an
AB 2011 Multi-Family Ministerial Review Permit.
2. Certain projects processed under AB 2011 are exempt from California Environmental
Quality Act (CEQA), as set forth in AB 2011.
3. SB 6 projects are processed as a Major Plot Plan application subject to review procedures of
Chapter 9.80 Plot Plan.
4. If the proposed project meets all SB 6 requirements (except non-compliance with zoning
prohibiting residential use), then it may invoke SB 35 and the Housing Accountability Act.
Chapter 9.87 of this Code outlines the approval process for SB 35 Multifamily Ministerial
Review projects.
D. Site and Project Criteria for AB 2011. All projects must be multiple-family housing
developments located within an urbanized area or urban cluster (designated by US Census
Bureau) and in zoning districts where office, retail, or parking are principally permitted uses.
Additional criteria required as follows:
1. 100% affordable housing projects must:
a. Be on a parcel in an urban area, surrounded by urban uses, and not on a site or
adjoined to any site where more than 1/3 of the square footage is dedicated to an
industrial use (Government Code Section 65912.111(b)-(d)). Under AB 2011,
parcels separated only by a street or highway are considered adjoined.
b. The site satisfies the requirements of Government Code Section 65913.4(a)(6)(B)-
(K). (Government Code Section 65912.111(e)).
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c. The units are subject to a recorded deed restriction of 55 years for rental units
and 45 years for owner-occupied units.
d. Meet hazardous condition criteria as determined in a Phase I environmental
site assessment (ESA) (Government Code Section 65912.111(c)).
e. Be located more than 500 feet from a freeway and more than 3,200 feet from a
facility that extracts or refines oil or natural gas. (Government Code Section
65912.111(d)-(e)).
f. Meet objective zoning standards, specifically the City’s Multifamily Objective
Design Standards (Government Code Section 65912.111(f)).
2. Mixed-income eligible projects must:
a. Be on a parcel in an urban area, surrounded by urban uses, abuts a commercial
corridor with a frontage along the corridor of at least 50 feet, is on a site of 20
acres or less, and is not on a site or adjoined to a site where more than 1/3 of the
square footage is dedicated to industrial uses. (Government Code Sections
65912.121(b)-(f)). Under AB 2011, parcels separated only by a street or highway
are considered adjoined.
b. Be on a site that satisfies the requirements of Government Code Section
65913.4(a)(6)(B)-(K). (Government Code Section 65912.121(g)).
c. The development would not require the demolition of:
i. Housing subject to recorded covenant, ordinance or law that restricts rents
to levels affordable to moderate, low, or very low-income households.
ii. Housing subject to rent price control.
iii. Housing occupied by tenants in the last 10 years, excluding manager's units.
iv. Any historic structure on a national, state, or local historic register.
d. Not be on a site that was previously used for permanent housing that was occupied
by tenants, excluding any manager’s unit, that was demolished within 10 years
before development proponents submits an application.
e. Vacant sites cannot contain tribal cultural resources or be located in a very high
fire hazard severity zone (Government Code Section 65912.121(j)).
f. Meet the following affordability criteria by providing:
i. For rental projects, 8% very low-income and 5% extremely low-income
affordable units; or
ii. 15% affordable for lower income households
(Government Code Section 65912.122(a)).
iii. All affordable units must have a recorded deed restriction for 55 years.
g. For owner-occupied housing:
i. 30% of units offered as affordable to moderate income households;
or
ii. 15% units 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.
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h. Meet objective development standards (Government Code Section 65912.123).
i. For sites more than one acre in size and with more than 100 feet in width, provide
a density of at least 60 units/acre (Government Code Section 65912.123)
j. Located more than 500 feet from a freeway and more than 3,200 feet from a facility
that extracts or refines oil or natural gas (Government Code Sections 65912.
123(g)-(h)).
k. Provide notice and specified protections to existing commercial tenants located
on the site (Government Code Section 65912.123(i)).
4. Affordable units in the project must have the same bedroom and bathroom count ratio
as the market rate units, be equitably distributed within the project, and have the same
type or quality of appliances, fixtures, and finishes.
5. Eligible projects must meet specified labor standard criteria, including payment of a
prevailing wage, and, for larger projects (over fifty (50) units), hire contractors that
participate in apprenticeship programs (Government Code Sections 65912.130,-.131).
6. Projects may be eligible for a density bonus, incentives or concessions, waivers, or parking
ratios pursuant to Section 9.03.050 (Residential Districts).
E. Site and Project Criteria for SB 6 Projects. All projects must be multiple-family housing
developments or mixed-use with at least 50 percent of the square footage dedicated to
residential use located within an urbanized area or urban cluster (designated by 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—at least 30 units/acre for
the parcel (Government Code Sections 65852.24(b)(1), and 65583.2(c)(3)(B)).
2. The project site is 20 acres in size or less (Government Code Section 65852.24(b)(4)).
3. The project meets specified objective development standards, specifically applicable
standards of the Development Code, Subdivision Code, and Multifamily Objective Design
Standards (Government Code Section 65852.24(b)(5)).
4. The project is not on a site or adjoined to any site where more than 1/3 of the square
footage is dedicated to an industrial use (Government Code Section 65852.24(b)(6)(B)(i)).
5. The project is consistent with any applicable and approved sustainable community
strategy or alternative plan (Government Code Section 65852.24(b)(7)).
6. The project is either: (i) a public work (as defined in Government Code Section
65852.24.(b)(8)(A)(i) for prevailing wage purposes, or (ii) all construction labor will be paid
a prevailing wage (along with other labor requirements) (Government Code Section
65852.24(b)(8)(A)).
7. The developer must provide written notice to any exiting commercial tenants (Government
Code Section 65852.24(c)(1)).
8. Mixed-use developments consisting of residential and nonresidential retail commercial
or office uses are required to have at least 50 percent 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.
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9. The housing development shall comply with any public notice, comment, hearing, or
other procedures imposed by the City on a housing development in the applicable zoning
designation.
F. Development standards for AB 2011 projects.
1. 100% affordable housing projects must meet the following standards:
a. Project density meets or exceeds applicable density deemed appropriate to
accommodate lower-income households pursuant to housing element law.
b. Development must meet objective zoning, subdivision, and design review
standards for the zone that allows greater residential density between the
following:
i. Existing zoning designation for the parcel if it allows multifamily
residential use; or
ii. Zoning designation for the closest parcel that allows residential use at a
density that is appropriate to accommodate lower income households
pursuant to housing element law.
c. Development shall be deemed consistent with objective zoning standards related
to housing density if compliant with maximum density allowed within the land
use designation and regardless of any specified maximum unit allocation that may
result in fewer units of housing being permitted.
2. Mixed-income housing projects must meet the following standards:
a. In metropolitan jurisdictions, the residential density shall meet or exceed the
greater of the following:
i. The existing residential density permitted;
ii. For sites of less than one acre, 30 units/acre;
iii. For sites of one acre or greater located on a commercial corridor of
less than 100 feet in width, 40 units/acre;
iv. For sites of one acre or greater located on a commercial corridor of
100 feet or greater width, 60 units/acre;
v. For sites within one-half mile of a major transit stop, 80 units/acre.
b. Height limit applicable shall be the greater of the following: Height currently
permitted on the parcel;
i. For sites on a commercial corridor of less than 100 feet in width, 35
feet;
ii. For sites on a commercial corridor of 100 feet or more, 45 feet;
iii. For sites within one-half mile of a major transit stop in a city with a
population of greater than 100,000, 65 feet.
c. No parking is required except for requirements related to bicycle parking, electric
vehicle parking spaces or parking spaces accessible to persons with disabilities.
d. Projects are required to meet the following setback standards:
i. For the portion of a property that fronts a commercial corridor, no
setbacks may be required except that all parking must be set back at least
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25 feet and the ground floor of a building must abut within 10 feet of the
property line for at least 80% of the frontage.
ii. For portions of the property that front a side street, the building must abut
within 10 feet of the property line for at least 60% of the frontage. For
portions of the property that abuts an adjoining property that also abuts
the same commercial corridor, no setbacks may be required unless the
adjoining property contains any residential use that was constructed prior
to the enactment of AB 2011.
iii. Along property lines that abut a residential use, the ground floor shall be
set back 10 feet. Starting with the second floor, each floor shall be
stepped back in an amount equal to 7 feet multiplied by the floor number.
iv. Along property lines that abut non-residential use, the development shall
be set back 15 feet.
e. One-half of the ground floor area of the housing development shall be dedicated
to retail use.
G. Development standards for SB 6 projects.
1. Must comply with local zoning, parking, design, and other ordinances, local code
requirements, and procedures applicable to the processing and permitting of a housing
development in the zone that allows for housing with the requested density.
a. If more than one zoning designation allows for requested density, the applicable
zoning standards shall be those for the zoning designation for the closest parcel
that allows residential use at a density that is appropriate to accommodate lower-
income households pursuant to housing element law.
b. If the existing zoning designation for the parcel allows residential density that
exceeds housing element law density, the existing zoning designation applies.
2. The project must comply with all other objective local requirements for a parcel (except
those that prohibit residential use or allow residential use only at a lower density),
including impact fee requirements.
H. Density Bonuses.
A housing development proposed pursuant to the act shall be eligible for a density bonus,
incentives or concessions, waivers, or reductions of development standards, and parking ratios
pursuant to section 65915. (§ 65912.114, subd. (f).) A development proposal for consideration
as mixed-income housing has the same eligibility but cannot use a concession to reduce the City
requirement for the provision of up to one-half of the ground floor dedicated to retail.
I. Protection of Residential Units.
The development shall not demolish more residential units than it will develop or result in the
demolition of occupied or vacant protected units without meeting certain criteria outlined in
the Act regardless of whether the development is or not typically affected by section 66300. (§§
65912.114, subd. (g), 65912.124, subd. (g), 66300, subd. (d).)
J. Subdivision Applications May be Exempt from CEQA Review.
If the development is consistent with all objective subdivision standards in the local
subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act
shall be exempt from CEQA requirements. (§§ 65912.114, subd. (h), 65912.124, subd. (h).)
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K. Some Parcels May be Exempted from the Ministerial Review Shot-Clock.
The City may exempt parcels from the shot-clocks mandated in sections 65912.114 and
65912.124, but the parcels will still be subject to the expiration timeframes in section
65913.4, subdivision (f) relating to non-expiration of approvals for developments that
include public investment in housing affordability that contain at least 50% of units
affordable to households at or below 80% of the area median income (“AMI”). (§§
65912.114, subd. (j), 65912.124, subd. (j).)
L. City May Override Ministerial Review Process with Certain Written Findings
The City may exempt a parcel from the Act’s ministerial review process if before a
development proponent submits an application, the City makes written findings
establishing all of the following:
1. Identified Parcels: The City identified parcels (“Identified Parcels”) that meet the
requirements of section 65912.111, subdivisions (b) through (f) or section 65912.121,
subdivisions (b) and (e)-(h). (§§ 65912.114, subd. (i)(1), 65912.124, subd. (i)(1).)
2. Allowing Residential Use or Higher Residential Density: If Identified Parcels would not
otherwise be eligible for development pursuant to the Act, the City permitted the
parcels to be developed pursuant to the Act. (§§ 65912.114, subd. (i)(2)(A), 65912.124,
subd. (i)(2)(A).) If Identified Parcels would otherwise be eligible for development
pursuant to the Act, the City permitted residential densities above the residential
density required in subdivision (b) of sections 65912.113 and 65912.123 and heights
required in section 65912.123, subdivision (c). (§§ 65912.114, subd. (i)(2)(B),
65912.124, subd. (i)(2)(B).)
3. Protecting Residential Uses: The development of the parcels will result in all of the
following:
a. No net loss of the total potential residential density in the jurisdiction. (§§ 65912.114,
subd. (i)(3)(A), 65912.124, subd. (i)(3)(A).)
b. No net loss of the potential residential density of housing affordable to lower income
households in the jurisdiction. (§§ 65912.114, subd. (i)(3)(B), 65912.124, subd. (i)(2)(B).)
c. Affirmative furthering of fair housing. (§§ 65912.114, subd. (i)(3)(C), 65912.124, subd.
(i)(3)(C).)
M. Modifications and Subsequent Permits Shall Not Be Unreasonably Delayed
Proposed modifications to a development approved pursuant to the Act shall be undertaken
pursuant to section 65913.4, subdivision (g). (§§ 65912.114, subd. (k), 65912.124, subd. (k).)
Further, the City shall not adopt or impose any requirement that applies to a development solely
or partially on the basis that the development is eligible to receive ministerial review. (§§
65912.114 (l), 65912.124, subd. (l)).
For development developments approved pursuant to the Act’s review process, the City shall
issue subsequent permits without unreasonable delay and shall not impose any procedure or
requirement that is not imposed on developments that are not approved pursuant to this
section. (§§ 65912.114, subd. (m), 65912.124, subd. (m), 65913.4, subd. (h)(2).) Additionally,
public improvements necessary to implement the approved development shall not be reviewed
in a manner that would inhibit, chill, or preclude the development. (§§ 65912.114, subd. (n),
65912.124, subd. (n), 65913.4, subd. (h)(3).)
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N. Definitions. For the purpose of this section, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
1. “AB 2011 Mixed-Income Housing Projects” shall refer to housing development project 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.
2. “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.
3. “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.
4. “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.
5. "Dedicated to industrial use" means any of the following: (1) square footage is currently
being used as industrial use; (2) more recently permitted use of the square footage is an
industrial use; or (3) site was designated for industrial use in local government's latest
general plan adopted before January 1, 2022.
6. “Multiple-family” as applicable to Section 9.04.050 of this Code, means a property with
five or more housing units for sale or for rent. There is no requirement that the housing units
be attached.
7. “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.
8. “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.
9. “Residential hotel” has the same meaning as defined in Government Code Section 50519
of the Health and Safety Code.
O. 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.
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Chapter 9.296 SB 9 Urban Lot Split & Two-Unit Development
Contents:
9.296.010 Purpose
9.296.020 Applicability
9.296.030 Approving Authority
9.296.040 Requirements
9.296.050 Urban Lot Split Development Standards
9.296.060 Two-Unit Development Standards
9.296.070 Specific Adverse Impacts
9.296.010 Purpose
The purpose of this section is to appropriately regulate urban lot splits and two-unit developments in
accordance with Government Code Section 66411.7 and 65852.21.
9.296.020 Applicability
Only individual property owners may apply for an urban lot split and a two-unit development.
"Individual property owner" means a person holding fee title individually or jointly in the person's own
name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any
corporation or corporate person of any kind (partnership, LP, LLC, C Corp, S Corp, etc.) except for a
community land trust (as defined by Revenue and Taxation Code § 402.1(a)(11)(C)(ii)) or a qualified
nonprofit corporation (as defined by Revenue and Taxation Code § 214.15).
9.296.030 Approving Authority
An application for housing development with two units on a single lot within a single-family residential
zone shall be considered and approved ministerially, without discretionary review or a hearing.
Applications for Senate Bill 9 (SB 9) urban lot splits and two-unit developments shall be reviewed and
approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits
and Approvals). The designated approving authority is authorized to approve, alter, or deny an application
for SB 9 urban lot splits and two-unit developments.
9.296.040 Requirements
The standards set forth below shall apply to all urban lot splits and two-unit developments. For any
development standard not explicitly identified below, the requirements of the underlying zone shall apply,
unless superseded by State Law.
A. Map Act Compliance. The lot must conform to all applicable objective requirements of the
Subdivision Map Act (Government Code § 66410 et seq., "SMA"), including implementing
requirements in this Code, except as otherwise expressly provided in this section.
B. Location and Zoning. An urban lot split or two-unit development project shall only be allowed in
a single-family residential zone. For the purposes of this section, a single-family residential zone is
a zone where the only residential use that is allowed as a primary use is a single residential
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dwelling on a lot, subject to the exceptions set forth below and in Government Code §
65913.4(a)(6)(B)—(K). (See Government Code § 66411.7(a)(3)(C).) Not on properties that are:
1. Prime farmland of statewide importance, or land that is zoned or designated for
agricultural protection or preservation by the voters.
2. A wetland.
3. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard
mitigation measures required by applicable building code standards.
4. A hazardous waste site that has not been cleared for residential use.
5. Within a delineated earthquake fault zone, unless the development complies with
applicable seismic protection building code standards.
6. Within a 100-year fold hazard area, unless the site has either:
a. Been subject to a letter of map revision prepared by the Federal Emergency
Management Agency and issued to the local jurisdiction, or
b. Meets Federal Emergency Management Agency requirements necessary to
meet minimum flood plain management criteria of the National Flood
Insurance Program.
7. Within a regulatory floodway unless all development on the site has received no-rise
certification.
8. Land identified for conservation in an adopted natural community conservation plan,
habitat conservation plan, or other adopted natural resource protection plan. Properties
within the Hillside Overlay are subject to Hillside Development Standards pursuant to
Chapter 9.195.
9. Habitat for protected species.
10. Land under conservation easement.
11. Must not be a historic property or within an historic district that is included in the State
Historic Resources Inventory. Nor may the lot be or be within a site that is designated by
ordinance as a city or county landmark or as a historic property or district.
C. Restrictions Related to Existing Affordable Housing and Rentals. A parcel is not eligible to do an
urban lot split or a two-unit development if the project would require demolition or alteration of:
1. More than 25 percent of the exterior walls of a unit that is occupied by a tenant or has
been occupied by a tenant at any time in the previous three years;
2. Housing that is income-restricted for households of moderate, low, or very low income;
3. Housing that is subject to any form of rent or price control; and
4. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease
under the Ellis Act (Government Code §§ 7060—7060.7) at any time in the 15 years prior
to submission of the urban lot split application.
D. Regulation of Uses.
1. Nonresidential Uses. Except for permitted home occupations pursuant to Chapter 9.255,
non-residential uses shall be prohibited.
2. Short Term Rentals Prohibited. Units created pursuant to this Chapter shall be rented or
leased for a term equal to or longer than 30 days.
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3. Owner Occupancy.
a. Urban Lot Split – the applicant/property owner for an urban lot split must sign
an affidavit stating that the applicant intends to occupy one of the dwelling units
on one of the resulting lots as the applicant’s principal residence for a minimum
of three years after the urban lot split is approved.
b. Two-Unit Development – Unless the lot on which a two-unit development is
constructed was established through an urban lot split, the property owner of
the property shall reside in one of the units as their principal residence.
E. Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each
of the following:
1. Expressly prohibits any rental of any dwelling on the property for a period of less than 30
days.
2. Expressly prohibits any non-residential use of the lots created by the urban lot split.
3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any
separate fee interest, and any common interest development within the lot.
4. States that the property is formed by an urban lot split and therefore subject to the city’s
urban lot split regulations, including all applicable limits on dwelling size and
development.
5. States that the deed restriction runs with the land and each provision therein may be
enforced against future owners of the property.
9.296.050 Urban Lot Split Standards
The following development standards shall apply to urban lot splits.
A. Parcel Size.
1. Each resulting lot shall be of approximately equal size. In no instance shall a parcel be
smaller than 40 percent of the lot area of the original parcel proposed for subdivision, or
smaller than 1,200 square feet, whichever is greater.
2. Lots created from an SB 9 urban lot split may not be further subdivided.
B. Lot Lines. Lot lines shall be depicted on the parcel map submitted as part of urban lot split
application and prepared by a registered civil engineer or licensed land surveyor in accordance
with Government Code Section 66444-66450. Lot lines shall include a reference basis, distance,
measurement, and bearings.
C. Access.
1. Each resulting parcel shall provide at least a 24-foot lot frontage along a public or private
street.
2. Additional access requirements, including but not limited to a wider access corridor or
easement, may be required where necessary to provide adequate access for fire safety
equipment as determined by the Fire Marshal.
D. Setbacks. The proposed property line dividing an existing lot into two lots with a proposed urban
lot split shall be setback a minimum of 5 feet from an existing primary dwelling or any existing
accessory structure located on the lot intended to be subdivided.
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E. Dedications and Easements. Easements may be required to convey public utilities, access, and
other services. Right-of-way dedication and offsite improvements shall not be required through
an urban lot split.
F. No Prior Lot Split. A lot shall not be eligible for an urban lot split if it was previously established
through a parcel map for an urban lot split.
G. Adjacent Parcels. A lot shall not be eligible for an urban lot split if the owner of the lot being
subdivided, or any person acting in concert with the owner, has previously subdivided an
adjacent lot via an urban lot split.
H. Legal Nonconforming Conditions. An urban lot split may be approved without requiring a legal
nonconforming zoning condition to be corrected.
I. Utilities. Parcels created through an urban lot split shall have separate sewer, water, gas, and
electrical utility services and have the ability to connect prior to approval of the urban lot split.
J. Unit Quantity. No more than two dwelling units of any kind may be built on a lot that results
from an urban lot split. For the purposes of this subdivision, the two-unit limitation applies to
any combination of primary dwelling units, Accessory Dwelling Units (ADUs), or Junior Accessory
Dwelling Units (JADUs).
K. Two-Units. Parcels created through an urban lot split shall be subject to Section 9.296.060 Two-
Unit Development Standards.
9.296.060 Two-Unit Development Standards
The following development standards shall apply to two-unit developments.
A. Legal Lot. The proposed development must be located on a legally created lot or a proposed urban
lot split.
B. Unit Quantity. A lot that is not created by an urban lot split may have a two-unit project under
this section. No more than two dwelling units of any kind may be built on a lot that results from
an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but
not limited to, a primary unit, a unit created under this section of the code, an Accessory
Dwelling Unit (ADU), or a Junior Accessory Dwelling Unit (JADU).
C. Unit Size.
1. The total floor area of each primary dwelling unit that is developed as a two-unit project
must be between 500 to 800 square feet.
2. A primary dwelling that was legally established on the lot prior to the two-unit project and
that is larger than 800 square feet is limited to the lawful floor area at the time of the two-
unit project. The unit may not be expanded.
3. A primary dwelling that was legally established prior to the two-unit project and that is
smaller than 800 square feet may be expanded to 800 square feet after or as part of the
two-unit project.
D. Lot Coverage. The lot coverage standard per the existing zone will only be enforced to the extent
that it does not prevent two primary dwelling units on the lot of 800 square feet each.
E. Open Space. The open space standard per the existing zone will only be enforced to the extent
that it does not prevent two primary dwelling units on the lot of 800 square feet each.
F. Setbacks.
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1. Generally. All setbacks must conform to those objective setbacks that are imposed by the
underlying zoning.
2. Separation. Each unit shall be located 10 feet from each other and at least 5 feet from an
accessory structure, patio cover, or carport.
3. Exceptions.
a. Existing Structures. No setback is required for an existing structure, or a structure
constructed in the same location and to the same dimensions as an existing
structure.
b. 800 Square Foot Dwelling. The setbacks imposed by the underlying zone must
yield to the degree necessary to avoid physically precluding the construction of up
to two units on the lot or either of the two units from being at least 800 square
feet in floor area; but in no event may any structure be less than four feet from a
side or rear property line.
G. Parking Spaces Required.
1. Each primary dwelling unit must have at least one off-street parking space.
2. Required parking for each dwelling unit may be exempt if one of the following applies:
a. The lot is located within one-half mile walking distance of either of the following:
i. A corridor with fixed route bus service with service intervals no
longer than 15 minutes during peak commute hours.
ii. A site that contains an existing rail or bus rapid transit station, or
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.
b. The site is located within one block of a car-share vehicle location.
H. Architecture. Two-unit developments shall be compatible with the architectural style of the
primary dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine
architectural compatibility, two-unit developments must possess at least three of the following
traits in common with the primary dwelling on-site:
1. Wall covering materials.
2. Roofing material.
3. Roofing pitch.
4. Structural eaves.
5. Mass and scale of structure relative to structural height.
6. Window characteristics.
7. Decorative treatments.
I. Utilities.
1. Each existing and newly constructed unit shall maintain separate and independent public
services and utilities, including separate utility connections and meters. All electric utility
connections shall be underground.
2. Two-unit developments shall be required to connect to sewer and shall not be permitted
where sewer is not available.
J. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with
each of the following fire-hazard mitigation measures:
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1. Emergency access and water supply requirements shall comply with the California Code
of Regulations, Title 14 and Title 24, Part 9.
2. All new structures on the site must comply with current building code standards for
dwellings in a very high fire hazard severity zone.
K. Separate Conveyance.
1. Dwelling units on the lot may not be owned or conveyed separately from each other.
2. Condominium airspace divisions and common interest developments are not permitted
within the lot.
3. All fee interest in a lot must be held equally and undivided by all individual property
owners.
L. Certificate of Occupancy. No certificate of occupancy for a two-unit development shall be issued
before the issuance of certificate of occupancy for the first primary dwelling.
M. Applicable Chapters. Site requirements of the following Chapters, but not limited to, shall apply
to two-unit developments:
1. Chapter 9.160 – General Development Standards
2. Chapter 9.165 – Accessory Structures
3. Chapter 9.185 – Fences, walls and screening
4. Chapter 9.190 – Hillside Development Standards
5. Chapter 9.195 – Landscaping Standards
6. Chapter 9.200 – Tree Preservation
7. Chapter 9.230 – Utilities
9.296.070 Specific Adverse Impacts
Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the
building official makes a written finding, based on a preponderance of the evidence, that the project
would have a “specific adverse impact” on either public health and safety or on the physical environment
and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
The building official may consult with and be assisted by the Community Development Director and others
as necessary in making a finding of specific adverse impact.
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Chapter 9.300 Universal Definitions
Contents:
9.300.010 Purpose
9.300.020 “A” Definitions
9.300.030 “B” Definitions
9.300.040 “C” Definitions
9.300.050 “D” Definitions
9.300.060 “E” Definitions
9.300.070 “F” Definitions
9.300.080 “G” Definitions
9.300.090 “H” Definitions
9.300.100 “I” Definitions
9.300.110 “J” Definitions
9.300.120 “K” Definitions
9.300.130 “L” Definitions
9.300.140 “M” Definitions
9.300.150 “N” Definitions
9.300.160 “O” Definitions
9.300.170 “P” Definitions
9.300.180 “Q” Definitions
9.300.190 “R” Definitions
9.300.200 “S” Definitions
9.300.210 “T” Definitions
9.300.220 “U” Definitions
9.300.230 “V” Definitions
9.300.240 “W” Definitions
9.300.250 “X” Definitions
9.300.260 “Y” Definitions
9.300.270 “Z” Definitions
(Ord. No. 2022-356, 10/05/2022)
9.300.010 Purpose
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This chapter provides definitions of terms and phrases used in this Development Code that are technical
or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with
definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of
this Development Code. If a word is not defined in this chapter, or other provisions of the Municipal Code,
the Community Development Director shall determine the most appropriate definition in compliance with
Chapter 9.10 (Rules of Interpretation). State law definitions, as they may be amended from time to time,
control over the definitions in this section.
9.300.020 “A” Definitions
Abandonment. A discontinuance of any use with intent to permanently discontinue such use.
Abatement. The method of reducing the degree and intensity of pollution, nuisances or violations.
Abut. To physically touch or border upon; to share a common property line.
Access. A way or means of physical entry to a property.
Accessory Dwelling Unit. An attached or a detached dwelling unit which provides complete
independent living facilities for one or more persons. It shall include permanent provisions for living,
sleeping, eating, cooking and sanitation on the same parcel as the primary dwelling unit is situated. An
accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code
Section 17958.1, and a manufactured home, as defined in California Health and Safety Code Section
18007.
Accessory Use. See Use, Accessory.
Accessory Structure. See Structure, Accessory.
Acre. A measure of land area containing 43,560 square feet.
Acre, Gross. The entire acreage of a site calculated to the centerline of bounding streets.
Acre, Net. The portion of a site not reserved for public use. The following are not included in the net
acreage of a site: public or private road rights-of-way, common or public open space, and floodways.
Action. A decision on a permit application or other land use matter, made by the approval authority.
Addition. An extension or increase in floor area or height of an existing building or structure.
Adverse Impact. A condition that creates, imposes, aggravates or leads to inadequate, impractical,
unsafe, unsightly or unhealthy conditions.
Agricultural Labor Housing. Living accommodations for employees and their immediate families
employed for the exclusive purpose of agricultural pursuits either on the premises or off site. It includes
single or multi-unit dwellings, including mobile homes and dormitories.
Agricultural Operations, Commercial. Use of land for the propagation, care, maintenance, production
of food and fiber, including the growing of crops and/or the grazing of animals on natural or improved
pastureland for the purpose of sale of goods and/or crops for profit. Agriculture uses include agricultural
labor housing (see Agricultural Labor Housing).
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Agricultural Operations, Noncommercial. Use of land for the propagation, care, maintenance,
production of food and fiber, including the growing of crops and/or the grazing of animals on natural or
improved pastureland for personal use. Agriculture uses include agricultural labor housing (see
Agricultural Labor Housing).
Aisle. The traveled way by which cars enter and depart parking spaces.
Alcoholic Beverage Sales. An activity or business engaged primarily in the sale of alcoholic beverages
for on-site or off-site consumption.
Alley. A service roadway providing a secondary means of public access to abutting property and not
intended for general traffic circulation.
Alteration. Any change or rearrangement in the supporting members of an existing building, such as
bearing walls, columns, beams, girders and all interior partitions; any change in doors, windows or means
of ingress or egress; any enlargement or diminution of a building or structure, whether horizontally or
vertically; or the moving of a building or structure from one location to another.
Amenity. Aesthetics or other characteristics of a development that increase its desirability to the
community, such as swimming pools, tennis courts, security systems, views, landscaping or enhanced
open space.
Amusement Park. Facilities or uses that provide participant recreation indoors or outdoors.
Amusements parks may include a variety of recreational uses, including but not limited to go carts,
amusement arcades, miniature golf courses, batting cages and other similar uses.
Annexation. The incorporation of a land area into an existing city or district resulting in a change in the
boundaries of the city or district.
Apartment. A building, or group of buildings, in which all dwelling units in the building are owned by a
single party and rented out to individual tenants.
Appeal. A request for a review of a decision or action taken on a proposed permit application or other
land use matter by the approving authority.
Appeal Authority. The agency, board, group or legally designated individual empowered to review and
deny, uphold, or refer back to the approval authority, an appeal of an action taken by an approval
authority.
Applicant. The owner(s) or lessee(s) of property, or their authorized agent(s), or person(s) who have
contracted to purchase property contingent upon their ability to obtain the required entitlements, and
who requests in writing, on the appropriate forms, the approval of a permit, license, certificate or other
entitlement from the City.
Application, Accepted. An application filed with and accepted for processing by the City in accordance
with the requirements of this Title, containing all items required as stated on the applicable application
form.
Application, Complete. An application that has been deemed complete in accordance with California
Government Code Section 65943 (Permit Streamlining Act).
Approval Authority. The agency, board, group or other legally designated individual empowered to
review and approve a proposed permit application or other land use matter.
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Approved Plan. A final plan that has been approved by the appropriate authority.
Assisted Living Facility. See Residential Care Facility.
Attached. Any structure that has an interior wall or roof in common with another structure.
Auction. The sale of new and used merchandise offered to bidders by an auctioneer for money or other
consideration.
Awning. A roof-like cover attached to and extending from the wall of a building to provide shielding of
windows and/or entrances.
9.300.030 “B” Definitions
Balcony. A platform that projects from the wall of a building, typically above the first level, and is
surrounded by a rail, balustrade or parapet.
Bar. Premises used primarily for the dispensing of alcoholic beverages by the drink for on-site
consumption.
Battery. A single cell, stack, core building block, or a group of cells connected together electrically in
series, in parallel, or a combination of both, which can charge, discharge, and store energy
electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded
from these requirements.
(2023-369, 04/05/2023)
Battery Management System. An electronic system that prevents storage batteries from operating
outside their safe operating parameters and disconnects electrical power to the energy storage system or
places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The
system generates an alarm and trouble signal for abnormal conditions.
(2023-369, 04/05/2023)
Battery Energy Storage Systems. A system consisting of electrochemical storage batteries, battery
chargers, controls, power conditioning systems and associated electrical equipment, assembled together,
capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone
12-volt car battery or an electric motor vehicle.
(2023-369, 04/05/2023)
Battery Energy Storage Facility, Utility ScaleUtility Scale. Stationary batteries that are connected
to distribution/transmission networks or power-generation assets. Utility scale may also be referred to as
“front-of-the-meter”, large-scale or grid-scale battery storage. Utility Scale systems are intended primarily
to interact with the electric grid and are not intended to serve a specific end user “behind-the-meter”.
Utility-scale systems increase flexibility in power systems, provide grid reliability support and enable an
optimal use of variable electricity sources like photovoltaic and wind.
(2023-369, 04/05/2023)
Bed and Breakfast. A business operated in an owner-occupied residence offering short-term rental of
overnight accommodations, which provides on-site breakfast service.
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Bedroom. A private room for sleeping, separated from other rooms, and accessible to a bathroom
without crossing another bedroom.
Berm. A mound of earth or the act of pushing earth into a mound.
Buffer Area. A strip of land established to protect one type of land use from another land use. A buffer
may include a physical separation in the form of a specified distance, landscaping, berms or other screens
which block vision, noise or other negative impacts.
Buildable Area/Building Envelope. The area of a lot remaining after the minimum setback and open
space requirements have been met; the area within which primary and accessory structures may be
located, unless an encroachment into the setback is otherwise permitted.
Building. Any structure having a roof, or fully enclosed by walls, and intended for the shelter, housing or
enclosure of persons, animals or property.
Building, Accessory. See Structure, Accessory.
Building Height. Building height shall be measured in accordance with Section in 9.195.040.A (Height
Measurement).
Building Permit. Written permission issued by the City for the construction, repair, alteration or addition
to a structure or building.
Building, Primary. A building in which the principal use is conducted.
Business Services. Rendering services to business establishments on a fee or contract basis, including
printing and copying, blueprint services, advertising and mailing, office-related equipment rental and
leasing, commercial research, development and testing, photo finishing and model building.
9.300.040 “C” Definitions
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Can Sign. A sign in which the sign copy is placed on a transparent face, which is attached to an enclosed
box or can, usually made of metal, that has an internal light source.
(Ord. No. 2022-351, 09/21/2022)
Canopy. A fixed roofed structure of any material projecting from and connected to a building, column or
post or supported by a frame extending from a building and/or post.
Caretaker Residence. Separate or attached living quarters, usually including kitchen facilities, for
employees living on-site, and accessory to the primary use.
Car-share Vehicle. A motor vehicle that is operated as part of regional fleet by a public or private
car sharing company or organization and provides hourly or daily service.
Carport. A permanently roofed structure with not more than two enclosed sides, used or intended to be
used for motor vehicle shelter and storage.
Cemetery, Mausoleum, Crematory. Property used for the preparation and/or interring of the dead.
Certificate of Compliance. A document issued by the City and recorded by the County Recorder
certifying that a specified real property complies with the provisions of the Subdivision Map Act
(Government Code Sections 66410 et seq.).
Certificate of Use/Occupancy. A document issued by a governmental authority allowing the occupancy
or use of a building and certifying that the structure has been constructed in compliance with all the
applicable municipal codes and ordinances.
Change of Use. A conversion of use that substantially differs from the previous use of a building or land.
Charging Levels, Electric Vehicles. The standardized voltage at which an electric vehicle battery is
recharged.
Level 1 Charging provides charging through a 120V AC plug and does not require the installation of
additional charging equipment.
Level 2 Charging provides charging through a 240V (residential) or 208V plug and requires the installation
of additional charging equipment.
Level 3 Charging provides fast charging through a 480V AC input and requires highly specialized, high-
powered equipment as well as special equipment in the electric vehicle itself.
Church. See Religious Facility.
City. The City of Menifee, including land as may be annexed from time to time.
Cluster Development. Development in which a number of dwelling units are placed in closer proximity
than usual, or are attached, with the purpose of retaining an open space area.
Collection Container. Any unattended drop-off box, container, receptacle, or similar facility that is
operated by a person, organization for the primary purpose of receiving or storing collected items,
including household goods, clothing, or other salvageable personal items. Collection Containers do not
provide a cash refund for collected items and do not include reverse vending machines.
College. An educational institution authorized by the state, awarding associate or higher degrees.
Commercial Use. An activity involving the sale of goods or services for profit.
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Commission. The Planning Commission of the City of Menifee.
Common Open Space. Land within or serving as a part of a development, not individually owned or
dedicated for public use, which is designed and intended for the common use or enjoyment of the
occupants of the development and may include such accessory structures and improvements as are
necessary and appropriate.
Community Care Facility. A facility licensed to provide a living environment for unrelated residents who
operate as the functional equivalent of a family, or in a group setting, including such supervision and care
by support staff as may be necessary to meet the physical, emotional and social needs of aged persons,
physically disabled or handicapped persons, developmentally disabled persons, nondangerous mentally
ill persons, or children as defined in the appropriate statutes. Community care facilities include but are
not limited to the following: day care center, group residential facility, congregate care facility, and
residential care facility.
Community Center. A building used for recreational, social, educational and cultural activities, open to
the public or a designated part of the public, usually owned and operated by a public or nonprofit group
or agency; a building or structure owned and operated by a governmental agency and used to provide a
governmental service to the public.
Community Development Department. The Community Development Department of Menifee, which
is responsible for implementing the City's vision and goals for community development and land use as
established in the General Plan and Development Code.
Community Development Director. The Community Development Director of the City of Menifee or
his/her designee. Also includes Planning Director.
Community Garden. The use of land for and limited to the cultivation and tillage of soil for the
production, growing, and harvesting of any agricultural, floricultural, or horticultural commodity for public
use and access.
Conditional Use. A use permitted in a particular zone district upon showing that such use will comply
with all the conditions and standards as specified in the Development Code and authorized by the
approval authority.
Conditional Use Permit. A permit for land use classifications with unusual site development features or
operating characteristics requiring special consideration so that they may be designed, located and
operated compatibly with uses on adjoining properties and the surrounding area.
Condominium. A building, or group of buildings, in which dwelling units, offices or floor area are owned
individually, and the structure, common areas and facilities are owned by all the owners on a proportional,
undivided basis.
Congregate Care Facilities. Establishments that provide 24-hour medical, respite, convalescent or
chronic care to individuals who, by reason of advanced age, chronic illness, infirmity or disability, are
unable to care for themselves on an intermediate or long-term basis, and licensed by the State of
California, including, but not limited to, rest homes and convalescent hospitals, but not residential care
facilities, hospitals or clinics.
Small. A facility that houses six or fewer persons.
Large. A facility that houses seven or more persons.
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Contiguous Property. Those properties which touch property lines of any parcel, including those
properties which touch said property lines of a subject parcel when such lines are projected across public
or private rights-of-way, easements, roads or streets, including property owned by a public agency in fee
title.
Convenience Store. Any small retail establishment offering for sale prepackaged food products,
household items, newspapers, magazines, sandwiches and/or prepared foods for off-site consumption.
County. Unless otherwise specified, the County of Riverside, California.
Covenants, Conditions, and Restrictions (CC&Rs). A term used to describe restrictive limitations that
may be placed on property and its use, and which usually are made a condition of holding title or lease.
Coverage, Lot. That portion of the lot that is covered by buildings, sidewalks, driveways or other
impervious surface, expressed as a percentage of total lot area.
Coverage, Building. The area of a parcel covered by a structure or structures, expressed as a percentage
of the total lot area.
9.300.050 “D” Definitions
Day Care Centers. Establishments providing nonmedical care for persons on a less than 24-hour basis
other than in a family day care home (see Family Day Care Home). This classification includes nursery
schools, preschools, and day-care facilities for children or adults, and any other day-care facility licensed
by the State of California.
Days. Shall always be consecutive calendar days, unless otherwise stated.
Decommissioning Plan. A plan to retire the physical facilities of the Project, including decontamination,
dismantlement, rehabilitation, landscaping and monitoring. The plan contains detailed information on the
proposed decommissioning and covers the schedule, type and sequence of decommissioning activities;
waste management, storage and disposal of the waste from decommissioning; the timeframe for
decommissioning and site rehabilitation.
(2023-369, 04/05/2023)
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Dedication. The transfer of property, such as streets and roads or other public usage, to a public agency
or utility for specific purposes.
Density. The number of dwelling units, households or housing structures per unit of land. Consistent with
the City of Menifee General Plan, areas where the lots are over half an acre, density is calculated by using
gross acres; all other areas utilize adjusted gross (net) acres to determine the maximum number of units
allowed in a given area.
Density Transfer. The transfer of all or part of the permitted density from one parcel to another parcel.
Detached. Any building or structure that does not have a wall or roof in common with any other building
or structure.
Developer. The legal or beneficial owner or owners of property to be developed or being developed,
including the holder of an option or contract to purchase or other person(s) having enforceable
proprietary interests in such property.
Development. Any man-made change to improved or unimproved real estate, including but not limited
to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials.
Development Agreement. A contract between the City and a developer through which the developer
receives vested rights to construct a project subject to specific requirements benefiting the community.
Development Code. A set of land use regulations, as contained in Title 9 of the Menifee Municipal Code,
adopted by the City which prescribes standards and regulations for land use and development.
Development Rights. The legally established right to develop land by a party.
Director. The Community Development Director of the City of Menifee or his/her designee.
Discretionary Decision. An action taken by a governmental agency that calls for the exercise of
judgment in deciding whether to approve and/or how to carry out a project.
District. A zone or geographic area in the municipality within which certain zoning or development
regulations apply.
Drainage. Surface water runoff; the removal of surface water or groundwater from land by drains,
grading or other means, which include runoff controls to minimize erosion and sedimentation during and
after construction or development.
Drainage Area. A geographical area, formed by topography, which collects and directs surface runoff
from precipitation to natural or man-made channels.
Drive-through. Any portion of a building or development intended to allow service direct from the
building through a window, kiosk or automated delivery system to vehicle occupants. Such facilities
include but are not limited to food service windows, automatic teller machines or similar service systems.
Driveway. A roadway providing direct access for vehicles between a street or highway and an area
containing parking spaces, loading, storage or refuse collection areas.
Dwelling. A structure or portion thereof which is used for human habitation, including provision for living,
sleeping, eating, cooking and sanitation.
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Single Family, Attached. A dwelling unit designed for occupancy by one household, located on a
single lot and typically grouped together with similar units. They may be attached through vertical
party wall(s) to one or more dwellings on abutting lots or may be joined by carports or garages.
Single Family, Detached. A dwelling unit designed for occupancy by one household and located
on a separate lot from any other dwelling, except permitted accessory dwelling units. This
classification includes individual manufactured housing units installed on a foundation system
pursuant to Section 18551 of the California Health and Safety Code
Duplex. A single building on a lot that contains two dwelling units or two single-unit dwellings on
the same lot. Duplex does not include a single family dwelling with an accessory dwelling unit on
the same lot, which is an accessory residential unit as defined by State law and this Title (see
Accessory Dwelling Unit).
Multiple Family. A single building on a lot that contains three or more dwelling units or three or
more single-unit dwellings on the same lot, or any combination thereof.
9.300.060 “E” Definitions
Easement. A right to cross or otherwise use land for a specified purpose.
Eave. The projecting lower edges of a roof overhanging the wall of a building.
Educational Institution. An institution conducting academic instruction at the preschool, elementary
school, junior high school, high school or college level.
Elevation. A vertical distance above or below a fixed reference level; a dimensioned drawing of the front,
rear or side of a building showing features such as windows, doors and relationship of grade to floor level.
Emergency Shelter. A temporary, short-term residence providing housing with minimal supportive
services for families or individuals experiencing homelessness, where occupancy is limited to 180 days or
less, as defined in California Health and Safety Code Section 50801. Medical assistance, counseling, and
meals may be provided.
Emission. A discharge of pollutants into the air or water.
Employee Housing. Employee housing shall have the same meaning ascribed in Health and Safety Code
Section 17008.
Encroachment. The placement or construction of a fence, building, structure or other improvement or
use on another’s property or on a public right-of-way.
Expansion. The creation or use of additional land or floor area for a specific use or activity.
Extension. An increase in the amount of time that a permit or approval may be valid.
9.300.070 “F” Definitions
Façade. The exterior walls of a building exposed to view.
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Family. Family means any individual or group of individuals living together in a dwelling unit as a single
housekeeping unit. Family does not include larger institutional group living situations, such as in a
boarding house or hotel/motel/long-term stay.
Family Day Care Home. State-licensed facilities that provide nonmedical care and supervision of minor
children for periods of less than 24 hours within a single-family dwelling.
Small. The occupant of the residence provides care and supervision for up to eight or fewer
children, when specific conditions are met in accordance with California Health and Safety Code
Section 1597.44.
Large. The occupant of the residence provides care and supervision for between nine and up to 14
children, when specific conditions are met in accordance with California Health and Safety Code
Section 1597.465.
Farm Operations, Commercial. See Agricultural Operations, Commercial.
Farm Operations, Noncommercial. See Agricultural Operations, Noncommercial.
Farmers’ Market. An outdoor market where farmers and other producers of agricultural and related
foodstuffs and products (including, but not limited to, bread, cheese and hand-made crafts such as
seasonal goods, ornaments, hand-dipped or rolled candles, hand-made soap) may bring the products for
sale to the general public. Meat, poultry, fish and similar foods will be allowed only to the extent there is
proper refrigeration.
Farmworker. A person whose primary income is earned through permanent or seasonal agricultural
labor.
Farmworker Housing. Farmworker Housing has the same meaning as “Employee Housing” as set forth
in this Code.
Fence. An exterior physical barrier erected to enclose, screen or separate areas.
Flag. The symbol, insignia or display of a governmental or nonprofit organization when not displayed in
connection with a commercial promotion or used as an advertising mechanism. As used in commercial
promotion or used as an advertising mechanism, see Flag in Section 9.305.050 (Signs and Related Terms
Defined).
Floor Area, Gross. The sum of all areas of the floors of a building or structure from the exterior face of
exterior walls, or from the centerline of a wall separating two buildings but excluding any space where
the floor-to-ceiling height is less than 6 feet.
Floor Area, Net. The total of all floor areas of a building, excluding stairwells and elevator shafts,
equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor,
except when used or intended to be used for human habitation.
Floor Area Ratio. The net floor area of all buildings on a parcel to the total adjusted lot square footage
of that parcel. FAR calculations do not include floor areas for parking structures or outdoor open storage.
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Footprint, Building. The outline of a building at all of those points where it meets the ground.
Frontage. See Lot Frontage or Yard, Front. As used in signage calculation, see Business Frontage in Section
9.305.050 (Signs and Related Terms Defined).
Funeral Home, Mortuary. A building used for the preparation of the deceased for burial or cremation
and the display of the deceased and ritual connected therewith before burial or cremation.
9.300.080 “G” Definitions
Garage. A building or a parking structure, or part thereof, used or intended to be used for the parking
and storage of vehicles.
Garage, Private. A garage used exclusively for the parking and storage of vehicles owned by residents of
nearby dwelling units and their guests, which is not operated as a commercial enterprise and is not
available to the general public and which is owned, leased or cooperatively operated by such residents.
General Plan. The City of Menifee General Plan as adopted by the City Council.
Glare. The effect produced by brightness sufficient to cause annoyance, discomfort or loss of visibility.
Golf Driving Range. A commercial recreational use, or accessory use to a golf course, where persons
may practice long distance shots. Such facilities are generally outdoor uses.
Governing Body. The local governing unit empowered to adopt and implement regulations to provide
for the public health, safety and general welfare of its citizenry.
Government(al) Agency. Any department, commission, independent agency or instrumentality of the
United States, or a state, county, incorporated local municipality, authority, district or any other agency
so recognized as a governmental unit.
Government Facility. Offices and support facilities for any seat of any federal, state, county or City
agency, or special district providing services to the general population.
Greenhouse. A building with roof and sides made largely of transparent or translucent material used for
the cultivation of plants.
Ground Floor. The first floor of a building other than a cellar or basement.
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Group Residential Facilities. Shared living quarters without separate kitchen or bathroom facilities for
each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis.
Facilities are typically licensed by the State of California. This classification includes clean and sober living
facilities, other types of organizational housing, private residential clubs and farmworker housing, but
excludes bed and breakfasts, dormitories, fraternity and sorority houses, boarding homes, rest homes,
hotels, motels and residential care facilities.
Small. A facility that houses six or fewer persons.
Large. A facility that houses seven or more persons.
Guest Living Quarter. A building, generally detached from a primary building, which contains no cooking
facilities, and which is used principally for temporarily housing members of the single family household
and their nonpaying guests. Guest living quarters also may be known as casitas. A guest living quarter is
not an accessory dwelling unit.
9.300.090 “H” Definitions
Habitable Structure. A structure which includes habitable space for living, sleeping, eating and cooking.
Closets, halls, storage or utility space, and similar areas are not considered habitable space.
Handicapped Person. A person who may be classified as having a physical impairment that manifests
itself in one or more of the following ways: non-ambulatory; semi-ambulatory; visually impaired, deaf or
hard of hearing; having faulty coordination; and having reduced mobility, flexibility, coordination or
perceptiveness due to age or physical or mental conditions.
Health Studio. An establishment that provides exercise facilities for use on-site.
Home-Operated Business. A commercial or service activity conducted at a dwelling, incidental and
accessory to the residential use of the dwelling, which does not change the character of the dwelling or
surrounding area by generating more traffic, noise, odor, or storage of material than would be normally
associated with a residential zone.
Home Occupation. Related activities to the home-operated business that are conducted entirely
within the residence.
Home-Based Business. Related activities to the home-operated business may be conducted
outside or within a partially enclosed structure.
Homeowners Association. An association of owners in a condominium, planned unit development or
residential subdivision established to provide management of property in which they own an undivided,
common interest.
Hospitals and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency
medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient
treatment, including substance-abuse programs as well as training, research, and administrative services
for patients and employees. This classification excludes animal hospitals and veterinary clinics.
Hospital. A facility providing medical, psychiatric, or surgical services for sick or injured persons
primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency
treatment, diagnostic services, training, research, administration, and services to patients,
employees, or visitors.
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Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons
exclusively on an out-patient basis including emergency treatment, diagnostic services,
administration, and related services to patients who are not lodged overnight. Services may be
available without a prior appointment. This classification includes licensed facilities such as blood
banks and plasma centers, and emergency medical services offered exclusively on an out-patient
basis. This classification does not include private medical and dental offices that typically require
appointments and are usually smaller scale. This classification includes substance abuse treatment
and recovery programs which are not residential in nature and which exclusively administer
counseling services.
Substance Abuse Treatment Clinic. A non-residential facility that administers medication, or
supervises the self-administration of medication, for substance abuse treatment.
Hotel. A lodging facility offering transient accommodations to the general public, typically on a less than
monthly basis, and which may provide additional services, such as restaurants, meeting rooms and
recreational facilities.
Household. See Single Housekeeping Unit.
9.300.100 “I” Definitions
Impact. The effect of any direct man-made actions or indirect repercussion of man-made actions on
existing physical, social or economic conditions.
Impervious Surface. A surface through which water cannot penetrate, such as roof, road, sidewalk or
paved parking lot.
Individual Property Owner. Means a natural person holding fee title individually or jointly in the
person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not
include any corporation or corporate person of any kind (partnership, LP, LLC, C corp., S corp., etc.) except
for a community land trust (as defined by Revenue and Taxation Code Section 402.1 (a)(11)(C)(ii)) or a
qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15).
Individual with a Disability. Someone who has a physical or mental impairment that limits one or more
major life activities, anyone who is regarded as having such impairment, or anyone with a record of such
impairment.
Industrial. The manufacture, production, processing and/or storage of consumer goods. See also
Manufacturing.
Infrastructure. Public facilities needed to sustain industry, residential, commercial and other land use
activities.
Intensification of Use. A change to the existing use of a property which results in a change or increase
in vehicular or pedestrian traffic or an increase in parking requirement, or induces additional
environmental impacts, including but not limited to noise, light, glare, vibration, traffic, water quality, air
quality or aesthetics.
Intensity of Use. The number of dwelling units per acre for residential development and floor area ratio
(FAR) for residential or nonresidential development such as commercial, office and industrial
development.
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Intersection. The location where two or more roadways cross at the same grade.
9.300.110 “J” Definitions
Junk. Any scrap, waste, reclaimable material or debris, whether or not stored, for sale or in the process
of being dismantled, destroyed, processed, salvaged, stored, baled or disposed of.
Junk Yard. The use of any lot or parcel of land for outside storage, wrecking, dismantling or salvage of
any used or secondhand materials, including but not limited to lumber, auto parts, household appliances,
pipe, drums, machinery or furniture.
Junior Accessory Dwelling Unit. A dwelling unit that is contained entirely within a single-family
dwelling or attached garage and does not exceed five hundred square feet in size.
9.300.120 “K” Definitions
Kitchen. Any room, all or part of which is designed and/or used for storage, refrigeration, cooking and
the preparation of food. The presence of a range or oven, or utility connections suitable for servicing a
range or oven, shall normally be considered as establishing a kitchen.
9.300.130 “L” Definitions
Landscape Plan. A plan on which is shown: proposed landscape species (such as number, spacing, size
at time of planting, and planting details), proposals for protection of existing vegetation during and after
construction, proposed treatment of hard and soft surfaces, proposed decorative features, grade changes,
buffers and screening devices, and any other information that can reasonably be required in order that
an informed decision can be made by the approval authority.
Land Use. A description of how land is occupied or utilized.
Land Use Permit. A permit issued by the City pursuant to the Menifee Municipal Code allowing a specific
activity to be conducted on an individual property.
Legislative Act. The means by which the legislative arm of government renders decisions, such as minute
actions, resolutions and ordinances.
Live Entertainment. Entertainment provided by or one or more professionals and utilizing sound
amplification equipment, but not including, a single vocalist or piano player with a microphone, karaoke
or open-mike amateur type performances and not including adult uses.
Living Area. The area that is considered habitable living space. Does not include the garage, patios or
screened enclosures.
Loading Space. An off-street space or berth used for the loading or unloading of cargo, products or
materials from vehicles.
Lot. Any parcel of real property approved by a record of survey, plat, parcel map, subdivision map, or
certificate of compliance, or any parcel legally created or established pursuant to the applicable zoning or
subdivision regulations in effect prior to the effective date of application of this Code to such parcel.
Corner. A lot or parcel of land abutting upon two or more streets at their intersection or upon two
parts of the same street forming an interior angle of less than 135 degrees.
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Flag. A lot which utilizes a narrow strip as its means of providing frontage on a street and/or
providing access to the lot.
Interior (Typical). A lot other than a corner lot.
Reverse Corner Lot. A lot, the rear of which abuts the side of another lot.
Substandard. A parcel of land that has less than the required minimum area or dimensions.
Through. A lot that fronts upon two streets that do not intersect at the boundaries of the lot.
Lot Area, Gross. The total area within the lot lines of a lot, including any adjacent street rights-of-way.
Lot Area, Net. The total area within the lot lines of a lot, excluding any street rights-of-way.
Lot Coverage. See Coverage, Lot.
Lot Depth. The average distance measured from the front lot line to the rear lot line.
Lot Frontage. The length of the front lot line measured at the street right-of-way line. For flag lots, that
portion of a lot, not including the pole portion, that is generally parallel to the access street.
Lot Line. A line of record bounding a lot that divides the lot from another lot or from a public or private
street or any other public space.
Front. The lot line parallel to the street. On a corner lot, the shorter lot line abutting a street or the
line designated as the front lot line by a subdivision or parcel map. On a flag lot, the interior lot line
most parallel to the nearest street from which access is obtained.
Interior. A lot line which does not abut a street.
Rear. The lot line which intersects a side lot line and which is most distant from and most closely
parallel to the front lot line.
Side. Any lot line other than a front or rear lot line.
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Lot Width. The horizontal distance between the side lines, measured at the required front setback line.
Lot of Record. A lot that exists as shown or described on a recorded plat or deed in the records of the
County Recorder.
Low Barrier Navigation Center. See Supportive Housing – Lower Barrier Navigation Center.
9.300.140 “M” Definitions
Manufactured Home. A factory-built structure that is manufactured or constructed under authority of
42 U.S.C. Sec. 5403, National Manufactured Housing Construction and Safety Standards Act of 1974,
and/or California law and is to be used as a place for human habitation. The structure is manufactured
either in whole or in substantial part at an off-site location, transported to the site, assembled on-site,
and placed on a permanent foundation. For the purpose of this Development Code, a manufactured home
shall be considered the same as any site-built, single-family detached dwelling. Manufactured home is not
inclusive of a mobile home unless the mobile home has been converted to real property and is taxed as a
site-built dwelling.
Manufacturing. Means a use engaged in the manufacture, predominately from previously prepared
materials, of finished products or parts, including processing, fabrication, assembly, treatment and
packaging of such products, and incidental processing of extracted or raw materials. They are
characterized by having grade level bay doors with a ratio of approximately 1:15,000-20,000 square feet.
(Ord. No. 2022-337, 03/16/2022)
Handcraft Manufacturing. On-site production, within an enclosed structure, of goods by hand
manufacturing that involves the use of hand-tools and small-scale, light mechanical equipment
(e.g., drills and saws; hammers and chisels; paint brushes and sprayers; pottery wheels and kilns;
sewing machines; spinning wheels; welding) and that has no negative external impacts on
surrounding properties. Handcraft manufacturing also includes the incidental direct sale to
consumers of those goods produced on-site. Handcraft manufacturing does not include specialized
retail uses (see Retail, Specialized).
Light-Intensity Manufacturing. The manufacturing, assembling, processing, storage or
packaging of products, including:
1. The manufacturing of electric and electronic circuits and instruments and devices, such
as, but not limited to, radio and television, phonographic equipment, calculators,
computers, semi-conductors and transistors, and similar uses.
2. The manufacturing, assembly, processing, storage, or packaging of products from
previously prepared materials such as, but not limited to, cloth plastic, paper, leather,
and precious or semi-precious metals or stones.
3. The manufacturing of pharmaceutical products.
Light-intensity manufacturing does not include such operations as saw and planing mills, any
manufacturing uses involving primary production of wood, metal or chemical products from raw
materials and similar uses, uses involving the manufacturing, processing, storage or packaging of
petroleum, and heavy agricultural products or other hazardous materials, or vehicle-dismantling
yards, scrap and waste yards.
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Medium-Intensity Manufacturing. Any manufacturing, storage, and distribution that does not
include hazardous wastes or result in large truck usage/parking on the site.
Heavy-Intensity Manufacturing. The manufacturing, assembly, processing, storage, or
packaging of products involving chemicals, petroleum, and heavy agricultural products or other
hazardous materials.
Membership Club. A group of people organized for a common purpose to pursue common goals,
interests or activities and usually characterized by certain membership qualifications, payment of fees
and/or dues, regular meetings, and a constitution and bylaws.
Membership Organization. A group of people formally organized for a common interest, usually
cultural, religious or entertainment, with regular meetings, rituals and formal written membership
requirements.
Metal Shipping Container. Any metal container designed, built as, or formerly used for transporting
seagoing cargo not to exceed the maximum dimensions of ten by ten by 40 feet.
Ministerial Decision. An action taken by a governmental agency that calls for only objective
determinations in deciding whether to approve and/or how to carry out a project.
Mitigation. Methods used to alleviate or lessen the impact of development.
Mobile Food Truck. Motorized vehicles that function as transportable retail food and beverage facilities.
This use includes mobile food trucks that provide sales to the general public of food and beverage (pre-
packaged or prepared and served from the vehicle or an attached trailer) for consumption on or off of the
premises.
Mobile Home. A trailer that is transportable in one or more sections, was built before the enactment of
42 U.S.C. Sec. 5403, National Manufactured Housing Construction and Safety Standards Act of 1974, which
became effective June 15, 1976, is over eight feet in width and 40 feet in length, and is sited with or
without a permanent foundation. Mobile home does not include recreational vehicle, commercial coach,
or factory built housing.
Mobile Home Park. Any area or tract of land where two or more lots are rented or leased, held out for
rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative,
condominium or other form of resident ownership, to accommodate mobile homes used for human
habitation. The rental paid for a mobile home shall be deemed to include rental for the lot it occupies.
Model Home Complex. Residential units and a temporary sales office used to illustrate the design of
the units to potential homebuyers.
Modification. A change or alteration to an approved permit or plan.
Motel. An establishment providing transient sleeping accommodations with most rooms having direct
access to the outside without the necessity of passing through the main lobby of the building.
Motor Vehicle. A vehicle that is self-propelled by a motor or engine.
Multiple Family Dwelling. See Dwelling, Multiple Family.
Museum. A building or room, or any grouping thereof, open to the public, used to exhibit works of art or
displays of historic objects, scientific objects or memorabilia.
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9.300.150 “N” Definitions
Nightclub. An establishment dispensing liquor with or without meals and in which music, dancing or
entertainment is featured.
Noise Attenuation. Reduction of noise level using a substance, material or surface, such as earth berms
and/or solid concrete walls.
Nonconforming Lot. A lot, the area or dimensions of which was lawful and legally established prior to
the adoption, revision or amendment of the Development Code but that fails by reason of such adoption,
revision or amendment to conform to the present requirements of the Code.
Nonconforming Structure or Building. A structure or building, the size, dimension or location of which
was lawful and legally established, prior to the adoption, revision or amendment of the Development
Code but that fails by reason of such adoption, revision or amendment to conform to the present
requirements of the Code.
Nonconforming Use. A use or activity that was lawful and legally established prior to the adoption,
revision or amendment of the Development Code, but that fails by reason of such adoption, revision or
amendment to conform to the present requirements of the Code.
Nuisance. An interference with the enjoyment and legal use of property, including any act, condition or
thing that is illegal and/or interferes with the rights of the public generally.
9.300.160 “O” Definitions
Occupancy or Occupied. The residing of an individual(s) overnight in a dwelling unit or the storage or
use of equipment, merchandise or machinery in any building.
Occupancy Permit. See Certificate of Use/Occupancy.
Off-Site. Located outside the lot lines of the lot in question.
Off-Site Improvements. Improvements required as a result of development and including but not
limited to curb, gutter, sidewalk, road widening and upgrading, stormwater facilities and traffic
improvements.
Off-Site Parking. Parking provided for a specific use but located on a site other than the one on which
the specific use is located.
Outdoor Sales. The display and sale of products and services outside of a building or structure.
Outdoor Storage. The keeping, in an unenclosed area, of any goods, junk, material, merchandise or
vehicles in the same place for more than 24 hours.
9.300.170 “P” Definitions
Parade. A parade, demonstration, procession, march, review, ceremony, rally or exhibition which is
conducted in, on, upon or along any portion of any public street, sidewalk or other public property owned
or controlled by the city which would impede, obstruct, impair or interfere with the free use of the public
street, sidewalk or other public property, often to support or oppose a specific issue.
Parapet. The extension of the main walls of a building above the roof level.
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Park. A tract of land designated and used by the public for active and/or passive recreation.
Park and Ride. A system where participants drive to a central location to carpool or gain access to public
transportation to another location.
Parking Lot. An off-street, ground-level open area, usually improved, for the temporary storage of motor
vehicles.
Parking, Shared. Joint use of a parking area for more than one use.
Parking Space. A clearly defined location for the parking of a motor vehicle in a public or private parking
area.
Parking Space, Covered. An accessible and usable covered space of not less than 10 by 20 feet for
storage of automobiles. Such covered parking space to be so located on the lot as to meet the
requirements of this Title for an accessory building or, if attached to the primary building, to be so located
as to meet all the requirements of this Title for a primary building.
Parkway. The area of a public street between the curb and the adjacent property line or physical
boundary definition such as fences or walls, which is used for landscaping and/or passive recreational
purposes.
Party Wall. A dividing partition between two adjoining buildings (or units) that is shared by the tenants
of each residence or business.
Passageway. A pedestrian pathway that is unobstructed clear to the sky and extends from a street to
one entrance of the accessory dwelling unit.
Permit. Written governmental permission issued by an authorized official, empowering the holder
thereof to do some act not forbidden by law but not allowed without such authorization.
Permitted Use. Any use allowed in a zone district and subject to the restrictions applicable to that zone
district.
Personal and Professional Services. Establishments providing non-medical services to individuals as a
primary use. May also include accessory retail sales of products related to the services provided.
Physically Disabled. A person who has a permanent loss of, or loss of use of, a part of the body, or
permanent impairment of a body function, resulting in actual disability and a diminished ability to
compete in an open market.
Planning Department. See Community Development Department.
Planning Director. See Community Development Director.
Plat. A map representing a tract of land showing the boundaries and location of individual properties and
streets; a map of a subdivision or site plan.
Plaza. An open space which is improved and landscaped, usually surrounded by streets and/or buildings.
Plot. A single unit parcel of land; a parcel of land that can be identified and referenced to a recorded plat
or map.
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Plot Plan, Minor. The process established to provide for administrative review of projects that, because
of their limited size and scope, have minor aesthetic, land use or traffic implications and do not create any
significant impact on public utilities or services.
Plot Plan, Major. The process established to examine proposed development to ensure a high standard
of quality for buildings, landscaping, parking and general site design. Such review enables the City to
maintain stability in property values and prevent deterioration of property and aesthetics throughout the
community.
Porch. A roofed open area, which may be screened, usually attached to or part of and with direct access
to or from a building.
Prezoning. The process or action by which cities are able to designate that portion of an unincorporated
area for future annexation, with specific zoning districts which will apply upon annexation of the property
to the City.
Primary Building. See Building, Primary.
Primary Use. See Use, Primary.
Private Recreational Facilities. Facilities including but not limited to country clubs, tennis and swim
clubs, golf courses, racquetball and handball facilities, and commercial uses which are commonly
associated and directly related to these uses.
Processing. A method that changes a material’s nature, chemical composition, or physical qualities.
Professional Office. The office of a member of a recognized profession maintained for the conduct of
that profession.
Prohibited Use. See Use.
Project, Non-Subdivision. The total development, not including subdivision of land, within the
boundaries as defined on the plan for development.
Project. The total development, including subdivision of land, within the boundaries as defined on the
plan for development.
Projection. That part of a building or structure which extends beyond the main wall of a building.
Property. A piece or parcel of land or real estate, including buildings and easements.
Public Property. Property owned by a governmental agency or held open to the public, including, but
not limited to, parks, streets, sidewalks and alleys.
Public Areas. Parks, playgrounds, trails, paths, recreation areas, open spaces, scenic and historic sites,
schools and other buildings and structures for public use.
Public Improvement. Any improvement or facility, together with the right-of-way necessary to provide
transportation, drainage, utilities or other facilities that are usually owned, operated and/or maintained
by a government agency.
Public Right-of-Way. An area or strip of land, either public or private, on which an irrevocable right of
passage has been recorded for the use of vehicles or pedestrians or both.
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Public Utility. An agency that provides electricity, gas, communications, transportation, water, sewage
collection or other similar service deemed necessary for the public health, safety and welfare. See also
Utility Service.
9.300.180 “Q” Definitions
9.300.190 “R” Definitions
Reasonable Accommodation. In the land use and zoning context, reasonable accommodation means
providing individuals with disabilities or developers of housing for people with disabilities with flexibility
in the application of land use and zoning and building regulations, policies, practices and procedures, or
even waiving certain requirements, when it is necessary to eliminate barriers to provision of housing or
service opportunities.
Recreation, Active. Leisure-time activities, usually of a formal nature and often performed with others,
requiring equipment and taking place at prescribed places, sites or fields.
Recreation, Passive. Activities that involve relatively inactive or less energetic activities, such as walking,
sitting, picnicking, card games, chess, checkers and other table games.
Recreational Vehicle. A vehicle which is either:
1. A motor home, travel trailer, truck camper or camping trailer, with or without motive power,
designed for human habitation for recreational, emergency or other occupancy, that meets all of
the following criteria:
2. It contains less than 320 square feet of internal living room area, excluding built-in equipment,
including but not limited to wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet
rooms.
3. It contains 400 square feet or less of gross area measured at maximum horizontal projection.
4. It is built on a single chassis.
5. It is self-propelled, truck-mounted or permanently towable on the highways without a permit.
6. A park trailer, as defined in California Health and Safety Code Section 18009.3.
Recommending Authority. The person or body granted authority to review and make a
recommendation for final action to the approving authority on a proposed permit or approval.
Recyclable Material. Reusable material, including but not limited to metals, glass, plastic, paper and
wood, intended for reuse, remanufacture or reconstitution for the purpose of being used in an altered
form. Recyclable material does not include hazardous or potentially hazardous material as may be defined
by the County of San Bernardino Division of Environmental Health Services, California Department of Toxic
Substances Control and/or U.S. Environmental Protection Agency. Recyclable materials may include used
motor oil.
Recycling Collection Facility. An attended facility for the acceptance, by donation, redemption or
purchase, of recyclable materials from the public.
Recycling Processing Facility. A facility for the collection and processing of recyclable material.
Processing means the preparation of material for efficient shipment, or to an end-user’s specifications, by
such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting,
shredding, cleaning and remanufacturing.
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Religious Facility. A building or structure, or groups of buildings or structures, that are primarily intended
for conducting organized religious services and associated accessory uses. Church includes mosque,
temple, synagogue, cathedral or similar religious institutions.
Research and Development. Facilities for scientific research, and design. Development and testing of
computer software, and electronic, magnetic, optical and mechanical components in advance of product
manufacturing, that are not associated with a manufacturing facility on the same site. Also includes
chemical and biotechnology research and development.
(Ord. No. 2022-337, 03/16/2022)
Residential Care Facilities. Facilities that are licensed by the State of California to provide permanent
living accommodations and 24-hour primarily nonmedical care and supervision for persons in need of
personal services, supervision, protection or assistance for sustaining the activities of daily living. Living
accommodations are shared living quarters with or without separate kitchen or bathroom facilities for
each room or unit. This classification includes facilities that are operated for profit as well as those
operated by public or not-for-profit institutions, including hospices, nursing homes, convalescent
facilities, assisted living facilities, and group homes for minors, persons with disabilities and people in
recovery from alcohol or drug addictions. This use classification excludes transitional housing and social
service facilities.
Small. A facility providing care for six or fewer persons.
Large. A facility providing care for more than six persons.
Elderly. A housing arrangement chosen voluntarily by the resident or by the resident’s guardian,
conservator or other responsible person; where residents are 60 years of age or older; and where
varying levels of care and supervision are provided as agreed to at the time of admission or as
determined necessary at subsequent times of reappraisal. This classification includes continuing
care retirement communities and life care communities licensed for residential care by the State
of California.
Resorts, Group Quarters, Group Camp. Any facility, place or building for the purpose of recreational
activities, which may include overnight accommodations or camp areas.
Restaurant. An establishment where food and drink are prepared and served.
Retail Sales. The selling of goods or merchandise not specifically listed under another land use, to the
general public for personal or household consumption and rendering of services incidental to the sale of
goods.
General. Retail establishments that sell goods or merchandise to the general public for profit.
General retail stores may include specialized retail stores (see Retail, Specialized) but does not
include adult businesses, medical marijuana dispensaries, or secondhand stores.
Specialized. Retail establishments that sell goods or merchandise to the general public for profit
but that are focused exclusively on a limited line of related products. Examples include, but are not
limited to, bicycle shops, flower shops, book stores, music stores, gift shops, etc.
Reverse Vending Machine. An automated mechanical device which accepts one or more types of
empty beverage containers and issues a cash refund or other type of redemption bonus. A reverse vending
machine may sort and process containers mechanically provided that the entire process is enclosed within
the machine.
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Rezoning. An amendment to the map and/or text of a zoning ordinance to effect a change in the nature,
density, intensity or regulation of uses allowed on a designated parcel or land area; an amendment to
procedures regarding implementation of zoning regulations.
Ridgeline. A relatively narrow elevation that is prominent because of the steep angle at which it rises; an
elongated crest, or series of crests, with or without individual peaks, significantly higher than the adjoining
ground.
Right-of-Way. See Public Right-of-Way.
9.300.200 “S” Definitions
School. Any institution of learning for public or private, which offers instruction in those courses of study
required by the California Education Code or which is maintained pursuant to standards set by the
California Board of Education. This definition includes a nursery school, kindergarten, elementary school,
junior high school, senior high school or any special institution of education.
School, Commercial. Any building or part thereof which is designed, constructed or used for education
or instruction in any branch of knowledge or art form for commercial purposes.
School, Private. Any building or group of buildings the use of which meets state requirements for
elementary, secondary or higher education and which use does not secure the major part of its funding
from any governmental agency.
School, Secondary. Any school licensed by the state, authorized to award diplomas for secondary
education.
School District. A district that serves as a unit for state financing and administration of elementary and
secondary schools.
Screening. A method of visually shielding or obscuring a structure or use from another by fencing, walls,
berms or densely planted vegetation.
Secondhand Store. Retail establishment that buys and sells used products, including books, clothing,
furniture and household goods, jewelry, appliances, musical instruments, business machines and office
equipment, tools, motors, machines, instruments, firearms, or any similar secondhand articles or objects.
Senior Center. An assembly building intended to provide nonresidential services for senior citizens.
Senior Citizen. Any retired person over the age of 55 or any person over the age of 62 years.
Setback, Building. The required distance between the building and any lot line. See Figure 9.195.030-1
(Setback Designations).
Front. The required distance between the building and the front lot line.
Rear. The required distance between the building and the rear lot line.
Side. The required distance between the building and the interior side lot line.
Street Side. The required distance between the building and the side lot line adjacent to a public
right-of-way.
Setback Line. The line that establishes the area of the property within which structures or other
designated uses may be erected or placed.
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Self-Storage. A storage facility in which individual units are rented to the public. The term includes mini-
storage and mini-warehouse.
Shooting Range. An area or structure specially designed for the safe discharge and use of rifles, shotguns,
pistols, silhouettes, skeet, trap, or any similar firearm for the purpose of sport shooting or military/law
enforcement training.
Short-Term Rentals. A transient vacation rental or use in which overnight accommodations are provided
in dwelling units to guests for compensation, for periods of less than 30 days.
Sidewalk. A paved, surfaced or leveled area paralleling and usually separated from the street, used as a
pedestrian walkway.
Sight Visibility Area. The area established in accordance with the Public Works Department Standard
81 “Intersection Sight Distance.”
Similar Use. A use that has the same characteristics as the specifically cited uses in terms of the following:
trip generation and type of traffic, parking and circulation, utility demands, environmental impacts,
physical space needs and clientele.
Single Family Dwelling. See Dwelling, Single Family.
Single Housekeeping Unit. One household where all the members have common access to and
common use of all living, kitchen, and eating areas within the dwelling unit, and household activities and
responsibilities such as meals, chores, expenses, and maintenance of the premises are shared or carried
out according to a household plan or other customary method. If all or part of the dwelling unit is rented,
the lessees must jointly occupy the unit under a single rental agreement or lease, either written or verbal.
Single Room Occupancy (SRO). A residential facility containing housing units that may have individual
or shared kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the
California Health and Safety Code. Each housing unit is offered on a monthly rental basis or longer.
Site. A parcel of land or contiguous parcels where land alterations or activities, including grading, clearing
or construction, are performed or proposed.
Slope. The land gradient described as the vertical rise divided by the horizontal run and expressed in
terms of percentage.
Slope percentage = Rise x 100 = % Run
Slope Ratio = Run = (x) ft run to 1 ft rise = x: 1 Rise
Steep Slope. Land with a natural gradient of at least 25 percent (25 feet of vertical distance for every 100
feet of horizontal distance) and a vertical elevation of at least 50 feet.
Solar Farm. A solar facility which is developed for purposes of generating solar power for purchase or
sale, regardless of size or scale. Power generated from such fields is supplied to an electric distribution
system for use by a utility service or energy provider with electric energy for wholesale or retail sale or
use. A commercial solar field can be one of several solar technologies including but not limited to
concentrating solar power (CSP), photovoltaics (PV) or concentrating photovoltaics (CPV). A solar farm
does not include small-scale solar systems designed to provide electricity directly to a user on the same
site, where the system is designed only to service the peak energy demand of the on-site user.
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Specific Adverse Impact. Has the same meaning as in Government Code Section 65589.5(d)(2), which
is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions, as they existed on the date the application was deemed
complete and does not include (1) inconsistency with the zoning ordinance or general plan land use
designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section
214 (g).
Specific Plan. A plan for the long-range development of properties, consistent with the local general
plan, regulating such things as uses permitted, density allowances, and distribution of uses and services,
and including a program for the implementation of the plan.
Stable, Horse. Riding academy, or any place where horses are rented or held for rent to the public, or
where such horses are stabled, kept, or maintained for a fee, or where horses are boarded or cared for by
a person or persons other than their owner.
Staff. The staff of the various departments or divisions of the City of Menifee.
Standard. A rule or measure establishing a level of quality or quantity that must be complied with or
satisfied; requirements of this Code regarding building and development specifications such as minimum
lot area, height limit, frontage, landscaping and floor area ratio.
Story. That portion of a building included between the upper surface of any floor and the upper surface
of the floor next above, except that the topmost story shall be that portion of a building included between
the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly
above a usable or unused under-floor space is more than 6 feet above grade, as defined herein, for more
than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such usable or
unused under-floor space shall be considered a story.
Story, First. The lowest story in a building which qualifies as a story, as defined herein, except that a floor
level in a building having only one floor level shall be classified as a first story, provided such floor level is
not more than 4 feet below grade for more than 50 percent of the total perimeter, or not more than 8
feet below grade at any point.
Street Improvements. Any or all concrete curbs, gutters, sidewalks, driveway approaches and drainage
structures; asphalt curbs; asphalt paving; connecting pavement; and related improvements such as back–
filling and preparation of the road surface to rough grade, and the placement of paving.
Street, Private. A street that has not been accepted by the City or other governmental entity.
Structure. Anything constructed or erected which requires location on the ground or attached to
something having a location on the ground, but not including fences or walls used as fences 6 feet or less
in height. All buildings are structures.
Structure, Accessory. A structure which is detached from the main building on a parcel or lot, the use
of which is incidental to that of the primary building. An accessory structure includes but is not limited to
a detached garage, gazebo, greenhouse, storage shed, studio, pool house, cabana, barn, pole barn, stable
or workshop.
Structure, temporary. A structure without a foundation which is capable of being moved.
Subdivision. The division, by any subdivider, of any unit or units of improved or unimproved land, or any
portion thereof, as defined in Section 66424 of the Subdivision Map Act.
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Supportive Housing. Dwelling units with no limit on the length of stay, that are occupied by the target
population as defined in California Health and Safety Code Section 50675.14, and that are linked to on-
site or off-site services that assist the supportive housing resident in retaining the housing, improving their
health status, and maximizing their ability to live and, where possible, work in the community.
Supportive Housing – Lower Barrier Navigation Center. Per Government Code §Section 65660.(a),
a “Low Barrier Navigation Center” is a Housing First, low-barrier, service-enriched shelter focused on
moving people into permanent housing that provides temporary living facilities while case managers
connect individuals experiencing homelessness to income, public benefits, health services, shelter, and
housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited
to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic
violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more
than two beds, or private rooms.
Supportive Services. “Supportive Services” include, but are not limited to, a combination of subsidized,
permanent housing, intensive case management, medical and mental health care, substance abuse
treatment, employment services, and benefits advocacy.
Swap Meet. Any indoor or outdoor place, location, or activity where new or used goods are offered for
sale or exchange to the general public by a multitude of vendors, usually in compartmentalized spaces.
The term swap meet is interchangeable with and applicable to flea markets, auctions, open air markets
or other similar activities, but the term does not include a supermarket, department store or typical retail
operations.
9.300.210 “T” Definitions
Target Population. Persons with low incomes who have one or more disabilities, including mental
illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services
provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing
with Section 4500) of the Welfare and Institutions Code) and may include, among other populations,
adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster
care system, individuals exiting from institutional settings, veterans and homeless people.
Temporary Use. Special events which, by their nature, are non-recurring and which continue for a
limited period of time. Temporary uses may occur indoors or outdoors, on improved or unimproved
property and should be consistent with the zone for that property and its uses.
Terrace. A level, landscaped and/or surfaced area, also referred to as a patio, directly adjacent to a
primary building at or within 3 feet of finished grade and not covered by a permanent roof.
Tot Lot. An improved and equipped play area for small children usually up to elementary school age.
Toxic Substances. Any combination of contaminants, including disease-carrying agents, that, after
discharge and upon exposure, ingestion, inhalation or assimilation into any organism, can cause death or
disease, mutations, deformities or malfunctions in such organisms, or their offspring, and that adversely
affect the environment.
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Tract Map. A map showing a subdivision of five or more parcels for which a tentative and final map are
required by the Subdivision Map Act, prepared in accordance with the provisions of the Subdivision Map
Act, and designed to be filed for recordation in the Office of the County Recorder.
Transit. The conveyance of persons or goods from one place to another by means of a public
transportation system.
Transitional Housing. Dwelling units configured as rental housing developments but operated under
program requirements that call for the termination of assistance and recirculation of the assisted unit to
another eligible program recipient at some predetermined future point in time, which shall be no less
than six months from the beginning of assistance.
Transportation Station. A place where transfer between modes of transportation takes place; a
terminating point where goods are transferred from a truck to a storage area or to another form of
transportation.
Two Unit Development. The development of two primary units or, there is already a primary dwelling
unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot.
9.300.220 “U” Definitions
Underground Facility. Any facility or structure built completely below grade to be used for storing
personal property of the property owner such as a root cellar or a wine cellar or serving as a shelter or
bunker for safety purposes in the event of a disaster, either natural or man-made. No underground facility
may be rented for any purpose.
Urban Lot Split. The subdivision of an existing, legally subdivided lot into two lots in accordance with the
requirements of Government Code Section 66411.7 pursuant to a ministerial approval process.
Use. The purpose or activity for which land or buildings are designed, arranged or intended or for which
land or buildings are occupied or maintained.
Use, Accessory. A use incidental to and customarily associated with a specific primary use, located on
the same lot or parcel.
Use, Primary. The principal or predominant use of any lot or parcel.
Utility. See Public Utility.
Utility Services. The generation, transmission and/or distribution of electricity, gas, communications and
water; the collection and treatment of sewage and solid waste; and the provision of mass transportation.
9.300.230 “V” Definitions
Variance. A grant of relief from the requirements of this Code which permits construction in a manner
that would otherwise be prohibited by this Code.
Vehicle Body Repair, Paint or Restoration. A commercial use often referred to as a body and fender
shop through which damaged or wrecked vehicles are repaired or restored.
Vehicle Dismantling. See Vehicle Wrecking.
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Vehicle Leasing and Rental. A business whose primary purpose is to provide vehicles to serve customer
transportation needs. Such vehicles may include automobiles, trucks, bicycles, motorcycles, trailers
and/or recreational vehicles.
Vehicle Repair, Major. A facility which provides heavy repair of vehicles and/or trucks including but not
limited to body and fender repair, automotive painting, transmission and/or engine rebuilding, or other
repair services which include the removal of major automotive mechanical components of a vehicle.
Vehicle Repair, Minor. A facility which provides light repair of vehicles and/or light trucks, including but
not limited to engine tune-up, oil change, brake repair and replacement, muffler replacement, and the
sale and/or installation of tires, batteries and accessories.
Vehicle Sales. A facility for the display and sale of new or used automobiles, light trucks, vans, trailers or
recreation vehicles and including any vehicle preparation or repair work conducted as an accessory use in
designated buildings.
Vehicle Storage Lot. A parcel or parcels of land utilized for long-term or short-term vehicle storage,
including cars, motorcycles, trucks, light trucks and/or recreational vehicles.
Vehicle Wrecking. The dismantling and parting out of motor vehicles or trailers, or the storage and/or
sale of dismantled or wrecked motor vehicles or their parts.
Veterinary Clinic. A place where animals are given medical care and where the boarding of animals is
limited to short-term care incidental to the medical care.
9.300.240 “W” Definitions
Wall. The vertical exterior surface of a building; vertical interior surfaces that divide a building’s space
into rooms; fences made of block or stucco, or similar permanent material.
Warehouse.
Fulfilment Center. Is a facility whereby a building is primarily used to receive, process, and fulfill
numerous consumer orders associated with electronic commerce ("e-commerce" retailers) or
similar high capacity and high frequency orders and deliveries. The use includes the indoor storage
of goods, products, and similar items and is typically characterized by a high intensity and a high
frequency of truck traffic and may include multiple shifts of employees.
Warehousing, logistics and distribution facility. Means warehouse/distribution facilities used for
the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials and
includes bulk storage of materials, which are flammable, or explosive or create hazardous or
commonly recognized offensive conditions) before their distribution to retail locations or other
warehouses. Warehouse/distribution centers are generally having a land coverage ratio of
approximately 45-60 percent, and a dock-high loading doors, could be on opposing sides of the
building (cross dock facility); significant movement and storage of products, materials, or
equipment; truck activities frequently outside of the peak hour of the adjacent street system; and
freeway access, including:
• Freight yards/forwarding terminals
• Warehousing distribution/high cube distribution centers
• Moving agencies
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• Parcel delivery terminals
• Railroad freight stations
• Shipping/receiving yards
• Truck terminals
(Ord. No. 2022-337, 03/16/2022)
Watercourse. A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over
which waters flow at least periodically. Watercourse includes specifically designated areas in which
substantial flood damage may occur.
Wheel Stops. Permanent devices that block the front wheels of a vehicle in a parking stall.
9.300.250 “X” Definitions
9.300.260 “Y” Definitions
Yard. The open space between a lot line and the required building setback line within which no structure
shall be located except as otherwise provided in this Code. Yards shall be unobstructed from the ground
to sky. See Figure 9.160.030-1 (Setback Designations).
Front. A yard extending across the full width of the lot between the side lot lines and between the
front lot line and the front setback line. The front lot line shall be deemed to be the existing nearest
right-of-way line of the abutting street, road or highway, unless a different right-of-way line for
future use shall have been precisely fixed by law or ordinance, or by formal action of the City
Council pursuant to law or ordinance, in which event the front lot line shall be deemed to be such
different right-of-way line. In the event of multiple adjacent rights-of-way in residential zones, the
front of the lot shall be that portion of the lot adjacent to the lowest classification of roadway as
established in the General Plan Circulation Element. For all other land use districts, the front of a
lot with multiple adjacent rights-of-way shall be that portion of the lot adjacent to the highest
classification of roadway as established in the General Plan Circulation Element (unless otherwise
established by the General Plan). In the event that more than one adjacent right-of-way are of the
same classification, building orientation shall determine the front yard in all zones.
Rear. A yard extending across the full width of the lot between the side lot lines and measured
between the rear lot line and the rear setback line. Where a rear yard abuts a street, it shall meet
the front yard requirements of the district.
Side. That portion of a lot adjacent to a property line that is not a front or rear yard as defined
herein.
Street Side. A side yard adjacent to a public right-of-way.
9.300.270 “Z” Definitions
Zone. The delineation of districts and the establishment of regulations governing the use, placement,
spacing and size of land and buildings.
Zone District. A designated section of the City for which prescribed land use requirements and building
and development standards are uniform.
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Zoning Map. The map or maps that are a part of a zoning ordinance that delineate the boundaries of
zone districts.
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9.305.030 Density Bonus and Related Terms Defined
Affordable Housing. Dwelling units with a sales price or rent within the means of a low- or moderate-
income household as defined by state or federal legislation. As used in this development code:
1. Very low income refers to family units/households whose annual income is 50% or less of the area's
median income as defined in Health and Safety Code Section 50105 (Government Code Section
65915(b)(1)(B)).
2. Low income refers to family units/households whose annual income is between 50% and 80% of the
area's median income as defined in Health and Safety Code Section 50079.5 (Government Code Section
65915(b)(1)(A)).
3. Moderate income refers to family units/households whose annual income is between 80% and 120%
of the area's median income as defined in Health and Safety Code Section 50093 (Government Code
Section 65915(b)(1)(D)).
Affordable Housing Benefits. Means one or more of the following:
1. A density bonus pursuant to Section 9.180.060.
2. An incentive pursuant to Section 9.180.120.
3. A development standard waiver or modification pursuant to Section 9.180.150.
4. A parking standard modification pursuant to Section 9.180.160.
Affordable Housing Cost. The definition set forth in Health and Safety Code Section 50052.5
(Government Code Section 65915(c)(1)).
Affordable Housing Developer. The applicant or permittee of a qualified housing development and its
assignees or successors in interest.
Affordable Rent. The definition set forth in Health and Safety Code Section 50053 (Government Code
Section 65915(c)(1)).
Childcare Facility. 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 childcare centers (Government
Code Section 65915(h)(4)).
Common Interest Development. Any of the following: a community Apartment project, a
condominium project, a planned development or a stock cooperative pursuant to Civil Code Section
1351(c) and Civil Code Section 4100. All common interest development units must be offered to the public
for purchase (Government Code Section 65915(b)(1)(D)).
Condominium Conversion Project. A residential project in which the applicant proposes to convert
Apartment units to condominiums pursuant to Government Code Section 65915.5(a).
Concession or Incentive. Means any of the following:
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1. 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 as provided in Part 2.5 (commencing with Section
18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in
setback and square footage requirements and in the ratio of vehicular parking spaces that would
otherwise be required that results in identifiable and actual cost reductions, to provide for
affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents
for the targeted units to be set as specified in Government Code Section 65915(c).
2. 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 the
commercial, office, industrial, or other land uses are compatible with the housing project and the
existing or planned development in the area where the proposed housing project will be located.
1.3. Other regulatory incentives or concessions proposed by the developer or the city, county, or city
and county that result in identifiable and actual cost reductions to provide for affordable housing
costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted
units to be set as specified in Government Code Section 65915(c).
Density Bonus. A process by which a city can increase the density within a development project by a
percentage established by law or through which the city offers incentives that support economic viability
in return for guarantees with respect to the preservation of the rights of use or sale for affordable housing
purposes.A density increase over the otherwise maximum allowable gross residential density as of the
date of application by the applicant to the Ccity, if elected by the applicant, a lesser percentage of density
increase, including, but not limited to, no increase in density. The amount of density increase to which the
applicant is entitled shall vary according to the amount by which the percentage of affordable housing
units exceeds the percentage as mandated by Government Code Section 65915(b).
Density Bonus Units. Dwelling units granted pursuant to Section 9.180.030 which exceed the otherwise
maximum allowable residential density.
Development Standard. 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 or a parking ratio,
that applies to a residential development pursuant to the dDevelopment cCode, the General Plan or other
City condition, law, policy, resolution or regulation (Government Code Section 65915(o)(1)).
Housing Development. A development project of five or more residential units, including mixed-use
developments. Includes a subdivision or common interest development that is approved by the city and
consists of residential units or unimproved residential lots, and either a project to substantially
rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation
of an existing multi-family dwelling where the result of the rehabilitation would be a net increase in
available residential units (Government Code Section 65915(i)).
Incentive. Means “incentives and concessions” as that phrase is used in Government Code Section 65915.
Located within one-half mile of a major transit stop. 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 chapter, 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.
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Lower Income Student. A student who has 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 Education Code. The eligibility of a student to occupy a unit for lower income
students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided
by the institution of higher education in which the student is enrolled or by the California Student Aid
Commission that the student receives or is eligible for financial aid, including an institutional grant or fee
waiver from the college or university, the California Student Aid Commission, or the federal government.
Major Transit Stop. Has the same meaning as defined in subdivision (b) of Section 21155 of the Public
Resources Code.
Market-Rate Unit. A dwelling unit that is not an affordable unit.
Maximum Allowable Residential Density. The density allowed under the dDevelopment cCode,
specific plan, and or the Land Use Element of the General Plan, or if a range of density is permitted, the
maximum allowable density for the specific district densitygreatest number of units allowed by the
specific zoning range, specific plan, or Land Use Element of the General Plan applicable to the project. If
the density allowed under the development code is inconsistent with the density allowed under the Land
Use Element of the General Plan, the General Plan density shall prevailDensity shall be determined using
dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or lLand uUse eElement
of the gGeneral pPlan does not provide a dwelling-units-per-acre standard for density, then the local
agency shall calculate the number of units by:
1. 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 step backs, 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 City shall accept it, provided
that it includes all applicable objective development standards.
1.2. 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 (Government Code Section 65915(o)(2)65915(o)(6)).
Minimum Affordable Housing Component. A housing development project that includes a minimum
of any of the following:
1. Very Low-Income Minimum Affordable Housing Component – Provides at least 5% of the total units
for very low-income household residents (Government Code Section 65915(b)(1)(B)); or
2. Low-Income Minimum Affordable Housing Component – Provides at least 10% of the total units for
low-income households (Government Code Section 65915(b)(1)(A)); or
3. Moderate-Income Minimum Affordable Housing Component – Provides at least 10% of the total
dwelling units in a common interest development for moderate-income households (Government
Code Section 65915(b)(1)(D)).
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Other Incentives of Equivalent Financial Value. The reduction or waiver of requirements which the
City might otherwise apply as conditions of condominium conversion approval, but shall not be construed
to require the City to provide cash transfer payments or other monetary compensation (Government Code
Section 65915.5(c)).
Qualified Housing Development. A housing development that meets the requirements of Section
9.180.030 for density bonus.
Qualified Land. Land offered for donation in accordance with Section 9.180.110 that meets the criteria
set forth in Subsection 9.180.110.A.
Senior Citizen Housing Development. A residential development that is developed, substantially
rehabilitated or substantially renovated for senior citizens and that has at least 35 senior citizen housing
development units (Government Code Section 65915(b)(1)(C)).
Senior Citizen Housing Development Unit. A residential dwelling unit in a senior citizen housing
development that is available to, and occupied by, a senior citizen as defined in Civil Code Section 51.3.
Shared Housing Building. A residential or mixed-use structure, with five or more shared 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. If a local ordinance further restricts the attributes of a shared
housing building beyond the requirements established in this section, the local definition shall apply to
the extent that it does not conflict with the requirements of this sectionGovernment Code Section
65915(o)(7).
A. 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 percent of the floor area of the
shared housing building. A shared housing building may include 100 percent shared housing units.
B. 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.
Shared Housing Unit. 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.
Specific, Adverse Impact. A significant, quantifiable, direct and unavoidable impact, based on objective,
identified written public health or safety standards, policies or conditions as they existed on the date the
application for the housing development was deemed complete. Inconsistency with the development
code or General Plan land use designation shall not constitute a specific, adverse impact upon the public
health or safety (Government Code Section 65589.5(d)(2)).
Total Units and Total Dwelling Units. A calculation of the number of units that:
1. Excludes a unit added by a density bonus awarded pursuant to the Development Code granting a
greater density bonus.
2. Includes a unit designated to satisfy an inclusionary zoning requirement of the Ccity.
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For purposes of calculating a density bonus granted pursuant to this section for a shared housing building,
“unit” means one shared housing unit and its pro rata share of associated common area facilities.Dwelling
units other than density bonus units (Government Code Section 65915(bo)(38)).