Chapter 16.014 — HOUSING OPPORTUNITY SITE OVERLAY

Editor's Note: Former Ch. 16.014, HDR High Density Residential Overlay District, adopted by Ord. No. 09-16, was repealed by Ord. 2024-03, 7/9/2024

The intent of this chapter is to implement policies and actions set forth in the City of Claremont General Plan's Sixth Cycle Housing Element Update relating to the provision of a mix of housing types, including higher density residential housing that offers housing opportunities to all economic segments of the community while promoting and fortifying community character and vitality. The standards and requirements of this chapter are intended to work in concert with Objective Design Standards for multiple-family residential and mixed-use development called for in the Sixth Cycle Housing Element Update. Together, this chapter and Objective Design Standards shall set forth a regulatory framework for the orderly development of multiple-family residential and mixed-use properties in a manner that provides a desirable living environment for a wide range of residents in a

manner that is sensitive and compatible with surrounding development through the provision of high-quality architecture, thoughtful site planning, and sufficient amenities. (2024-03, 7/9/2024)

This chapter shall apply to all land in the four Housing Opportunity Site Overlay Districts, as set forth in Section 16.014.010 , and as depicted on the City of Claremont Zoning Map on file with the Planning Division. Any and every building containing residential units, the premises and land on which the building is located shall be used and occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the Housing Opportunity Site Overlay Districts only in accordance with the applicable sections of this chapter and regulations of this title. (2024-03, 7/9/2024)

• A. This chapter establishes the following four Housing Opportunity Site Overlay Districts:

  1. MFR 30 Overlay – Multiple-Family Residential with a maximum allowable residential density of 30 dwelling units per acre.

  2. MFR 60 Overlay – Multiple-Family Residential with a maximum allowable residential density of 60 dwelling units per acre.

  3. MU 30 Overlay – Mixed-Use Residential and Commercial with a maximum allowable residential density of 30 dwelling units per acre.

  4. MU 60 Overlay – Mixed-Use Residential and Commercial with a maximum allowable residential density of 60 dwelling units per acre.

• B. The only uses and development permitted in the Housing Opportunity Site Overlay Districts are those uses and developments permitted in the underlying land use district, along with:

  1. Multiple-family residential structures and associated accessory buildings, and related recreational and community facilities for the use of the residents of the development. Multiple-family residential structures may be permitted as townhomes, condominiums, apartment buildings, and mixed-use residential and commercial buildings. Residential development in the Housing Opportunity Site Overlay Districts shall have a minimum density of no less than 20 dwelling units per acre.

• C. Consistent with Section 65583.2(h) of the California Government Code, as amended from time to time or replaced by a successor statute, and Program 4 of the Housing Element (2021-2029) of the City’s General Plan, the Housing Opportunity Site Overlay allows for the ministerial, by-right review and approval of owner-occupied and rental multifamily residential use by right for developments in which at least 20% of the units are affordable to lower income households during the 20212029 planning period. “By-right” shall have the same meaning as “use by right” as defined in Section 65583.2(i) of the California Government Code, as amended from time to time or replaced by a successor statute.

(2024-03, 7/9/2024 [[1]] )

• [1] Editor's Note: Subsection C was added to comply with state law per Notice of Minor, Non-Substantive Change to Zoning Code Amendment #21-Z01, dated 9/5/2024.

• A. The development standards in Table 16.014.1 shall apply to properties in the MFR 30 Overlay District:

Notes:

• 1 The Corridor minimum front setback requirement shall apply to Opportunity Sites 24, 31, 36, 37, 38.

• 2 The Neighborhood minimum front setback requirement shall apply to Opportunity Sites 1, 4, 15, 19, 35, 45.

• 3 The minimum interior and rear setback requirements shall apply to sites where interior and/or rear property lines are shared with those of a property within a single-family zoning district.

• B. The development standards in Table 16.014.2 shall apply to properties in the MFR 60 Overlay District:

Note:

1 Fourth floor building footprint shall not exceed 75% of overall building footprint (excluding structured parking). Fifth floor building footprint shall not exceed 60% of overall building footprint (excluding structured parking).

• C. The development standards in Table 16.014.3 shall apply to properties in the MU 30 Overlay District:

Note:

1 The minimum interior and rear setback requirements shall apply to sites where interior and/or rear property lines are shared with those of a property within a single-family zoning district.

• D. The development standards in Table 16.014.4 shall apply to properties in the MU 60 Overlay District:

• E. Outdoor Living Area

  1. General Requirements

• a. Outdoor living area may be located within required rear and interior side setback areas. Space includes, but is not limited to, courtyards, terraces, forecourts, gardens, outdoor dining areas, plazas, landscaped areas, patios, swimming pools, barbeque areas, athletic courts or fields, playgrounds, recreation areas, gardens, rooftop amenities, and other similar common areas intended for shared use by building occupants. It shall not include driveways, parking areas or accessory buildings. Recreational amenities shall be required on all projects of four or more units. The amenities shall include one or more of the following: Swimming pool, spa, recreation room with ping pong table and lounge furniture or billiard table, children's play equipment, barbecue and picnic table, tennis court, bocce ball, weight room or sauna, pet friendly amenities including but not limited to drink stations, dog walks/parks, etc., or other similar amenities.

  - b. Landscaping for outdoor living areas shall comply with the yard landscaping requirements in section **16.130.030** and the water efficient landscape requirements of Chapter **16.131** . 
  

  2. Private Outdoor Living Area

     • a. No less than 25% of the required outdoor living area and not more than 40% of the required outdoor living area shall be provided in private outdoor living area. Private outdoor living area shall be provided contiguous to a dwelling unit and may include balconies, decks or patios with at least one side open, if designed and maintained for the exclusive use of the occupants of an individual unit. This required private outdoor living area shall have a minimum area of 40 square feet with a minimum dimension of 5 feet in either direction and shall be reasonably accessible from the dwelling units. In most cases, this area shall be adjacent to, and provide a private usable area for, each dwelling unit.

  3. Common Outdoor Living Area

     • a. No less than 60% of the required outdoor living area and not more than 75% of the required outdoor living area shall be provided a common outdoor living area. Common outdoor living areas shall have a minimum area of 400 SF with a minimum dimension of 15 feet in each direction. This common open space shall be a well-designed, coherent area that is an essential component of the project's design, not merely space left over after the building mass is placed. Common outdoor living area may also include indoor activity and amenity space that is accessible and available to all building occupants.

     • b. Areas having minimum dimensions of less than 15 feet but at least eight feet at any point which are contiguous with and an integral part of the common open space, may be included in calculating the area of such space.

     • c. Up to 1/2 of covered patio areas designed to be commonly used by residents of a development may be included in calculation of common open space provided such area does not comprise more than 25% of the total common open space.

• F. Parking.

1. If no enclosed parking is provided, lockable storage spaces shall be required. The size of such storage spaces shall not be less than 100 cubic feet per unit, and no dimension for the measurement of the storage space shall be less than three feet.

2. Calculation of floor area when determining the required number of parking spaces shall exclude stairwells up to a maximum of 80 square feet, and balconies and patios which are enclosed on no more than three sides.

3. For parking area development standards, see Chapter 16.136 . Credit may be allowed for uncovered spaces located in front of garage spaces if restricted for the exclusive use of the occupants of the unit served; however, such credit may not be allowed toward visitor parking. Visitor parking shall be individually accessible and evenly distributed throughout the development.

(2024-03, 7/9/2024)