§ 22.16

Every structure shall be constructed upon or moved to a legally recorded parcel with a permanent means of access to a public street or road or a private street or road, conforming to adopted city standards. All structures shall be located to provide safe and convenient access for servicing, fire protection and required off-street parking. Any parcel located on a private street or road which was legally established prior to the effective date of this Development Code, is exempt from the required compliance with the latest adopted city standards for private streets or roads.

Access driveways shall be provided as required in compliance with chapter 22.30 (Off-Street Parking and Loading Standards).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.16.030. - Air emissions.

(a)

Dust and dirt emissions. Land use activities that may create dust emissions (e.g., construction, grading, etc.) shall be conducted to create as little dust or dirt emission beyond the boundary line of the parcel as possible including, but not limited to, the following:

(1)

Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required, and that implementation of the proposed land use will occur as soon as possible after grading;

(2)

Operations during high winds. Clearing, earth-moving, excavation operations, or grading activities shall cease in high wind conditions when dust blows and control methods are no longer effective;

(3)

Area of disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations, or grading shall be the minimum required to implement the allowed use;

(4)

Dust control. During clearing, demolition, earth-moving, excavation operations, or grading, dust emissions shall be controlled by regular watering, paving of construction roads or other dust-preventive measures (e.g., hydroseeding, etc.), subject to the approval of the building official and city engineer;

a.

Material(s) excavated or graded shall be sufficiently watered or covered to prevent excessive amounts of dust. Watering, with complete coverage of the disturbed area, shall occur at least twice daily preferably in the late morning and after work is done for the day. Reclaimed water shall be used when available.

b.

Material(s) transported off-site shall not be loaded higher than six inches below the top of the trailer and either sufficiently watered with reclaimed water when available, or securely covered to prevent dust.

(5)

On-site roads. On-site roads shall be paved as soon as feasible, watered periodically with reclaimed water, whenever possible, or stabilized in an environmentally safe manner;

(6)

Revegetation. Graded areas shall be revegetated as soon as possible in compliance with the approved landscape plan and any conditions of approval; and

(7)

Fencing. Appropriate fences or other means may be required by the director to contain dust and dirt within the parcel.

(b)

Odor emissions. Land use activities that may produce odors or noxious matter (e.g., fumes, gases, vapors, etc.) shall comply with SCAQMD's rules and regulations, including rule 402 which prohibits the formation of an odor nuisance.

(c)

Exhaust emissions. The South Coast Air Quality Management District (SCAQMD) has established daily and quarterly significance thresholds for construction exhaust emissions, as identified in the California Environmental Quality Act (CEQA) Air Quality Handbook. All land use activities shall be conducted in a manner consistent with the provisions of the South Coast Air Quality Management Plan.

Exhaust emissions shall be calculated for each stage of grading and construction proposed. If exhaust emissions from construction activities (including fugitive dust) exceed daily or quarterly significance thresholds, the project applicant shall coordinate with the SCAQMD to determine the appropriate mitigation measures to minimize exhaust emissions, including prohibiting truck idling in excess of two minutes, and shall be subject to compliance with the SCAQMD rules and regulations pertaining to construction emissions (i.e., rule 403 as amended).

(Ord. No. 02(1998), § 2, 11-3-98)

Development proposals shall be evaluated in compliance with the California Environmental Quality Act (Public Resources Code § 21.000 et seq.), city and general plan environmental policies including, but not limited to, open space habitat, sensitive biological and botanical resources; rare, threatened and/or endangered species; air quality; mineral resources; archaeological resources; and geologic hazards.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.16.050. - Exterior lighting.

(a)

Exterior fixtures. Lighting fixtures shall be architecturally compatible with the character of the surrounding structure(s) and shall be energy efficient. Fixtures shall be appropriate in height, intensity, and scale to the use they are serving. Generally, pole-mounted fixtures shall be low in height (20 feet or less) and be equipped with light shields to reduce or eliminate light spillage beyond the project's boundaries.

(b)

Intensity. Parking areas shall be provided with lighting capable of providing adequate illumination for nighttime security and safety. Lighting, as set forth in the lighting or electrical plan, shall provide a minimum one footcandle of illumination at the ground throughout the parking area and all associated walkways, plazas and courts. Building-mounted decorative lights shall not exceed five footcandles measured five feet from the light source.

(c)

Security lighting. Security lighting shall be provided in all nonresidential zoning districts at building entrances/exits. Security lighting shall provide a minimum of two footcandles and a maximum of three footcandles at the ground level of the entrance.

(d)

Shielding. Where the light source is visible from outside the project boundary, shielding shall be required to reduce glare so that neither the light source nor its image from a reflective surface shall be directly visible from any point five feet or more beyond the property line. This requirement shall not apply to single-family residential uses, traffic safety lighting, or public street lighting.

(e)

Recreational court lighting. The following standards shall apply to the lighting of outdoor recreational courts:

(1)

Light fixtures shall not be located closer than ten feet to the nearest property line.

(2)

Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm, and supporting pole shall be coated with a dark, low reflectance material.

(3)

Light fixtures shall not be located more than 18 feet from the court surface.

(4)

Not more than one light fixture per 900 square feet of court surface is allowed, with a maximum of eight poles and fixtures per recreational court.

(5)

Light fixtures shall be supported by an arm extending at least four feet from a support pole.

(6)

Light fixtures shall be designed, constructed, mounted and maintained so that, with appropriate shielding, the light source is completely cut off when viewed from any point five feet or more beyond the property line. The incident light level at a property line shall not exceed one footcandle measured from grade to a height of 12 feet. The incident light level upon any habitable building on an adjacent property shall not exceed 0.05 footcandle.

(7)

Recreational court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. on weekdays and between 11:00 p.m. and 7:00 a.m. on Saturdays and Sundays.

(8)

In the event that an illuminated court surface is visible from another parcel, the court surface shall be treated with a low reflectance, dark-colored coating.

(9)

Provisions of this subsection may be waived or modified through the approval of a minor conditional use permit in compliance with chapter 22.56.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2001), § 19, 11-6-01)

Sec. 22.16.060. - Height measurement and height limit exceptions.

All structures shall meet the following standards relating to height, except for fences and walls, which shall comply with chapter 22.20 (Fences, Hedges, and Walls):

(1)

Maximum height. The height of structures shall not exceed the standards established by the applicable zoning districts in article II (Zoning Districts and Allowable Land Uses). Maximum height shall be measured from the finished grade adjacent to any point at each exterior wall of the structure to the highest point of the roofline, above and parallel to the finished grade. Structures in hillside areas shall comply with the height regulations provided in section 22.22.120 (Architecture).

(2)

Exceptions to height limits. Exceptions to the height limits for nonresidential structures shall apply in the following manner:

a.

Elevator penthouses and lofts. Roof-mounted structures for the housing of elevators, lofts, stairways, tanks, ventilating fans, or similar equipment shall be allowed, up to a maximum of 15 feet above the allowed structure height. The total square footage of all structures above the allowed height shall not exceed 25 percent of the total roof area of the main structure. Additional height or area may be allowed subject to the approval of a minor conditional use permit in compliance with chapter 22.56.

b.

Chimneys, spires, towers, etc. Chimneys, cupolas, domes, flag poles, gables, spires, towers, and similar structures may exceed the height limit established for the applicable zoning district, up to a maximum of 20 feet. Additional height may be allowed subject to the approval of a minor conditional use permit in compliance with chapter 22.56.

==> picture [348 x 147] intentionally omitted <==

Figure 3-1

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2012), § 7, 4-17-12)

This section provides requirements and incentives for the provision of pedestrian-oriented open spaces and amenities for newly developed or redeveloped commercial centers throughout the city. The intent is to make the pedestrian environment more pleasant through the provision of community open spaces, plazas, courtyards, outdoor dining and seating areas, and associated amenities, including public art where appropriate.

(1)

Open space required. Multitenant commercial centers one acre in size and larger shall provide a minimum of one percent of the total land area of the center as useable pedestrian-oriented open space, including plazas, patios, courtyards, and outdoor seating areas. The total land area of the center shall include all parcels that comprise the center including freestanding structures on separate parcels.

Project proponents are encouraged to provide open space areas that exceed the minimum amount required. The city may offer incentives in compliance with subsection (3), below.

(2)

Standards for open space development. To qualify as useable pedestrian-oriented open space, an area shall meet the following requirements:

a.

Pedestrian open space areas shall be designed as an integral part of the overall project and shall specifically relate to the main circulation pattern(s) within the project. Leftover pieces of the site that are not related to the primary pedestrian circulation system shall not be counted as qualified open space areas;

b.

The minimum area of a required open space area shall be 100 square feet of hardscape material. The minimum dimension of an open space area shall be ten feet in any direction. Outdoor dining areas may have a minimum dimension of six feet. The director may approve areas with less than the minimum dimension for projects of less than three acres.

c.

Areas shall be open to the sky except for shade trellises and roof overhangs. Glass-enclosed sun rooms or similar structures may qualify if located adjacent to a pedestrian sidewalk and the facility is readily available to the general public;

d.

Open space areas shall be oriented to the main pedestrian circulation network and shall incorporate seating, enhanced paving materials, lighting, shade trees and/or trellises, and landscaping. Fountains,

works of art, and similar features are also strongly encouraged;

e.

Areas provided primarily for walkways or for the sole use of employees (e.g., lunch patios or entrance lobbies) shall not be counted as qualified open space areas; and

f.

Qualified pedestrian open space areas shall be located at ground level to a maximum of three feet above finished grade. Open space areas shall be easily accessible to the general public during normal business hours and shall be barrier free for handicapped access.

(3)

Open space bonuses. Development incentive bonuses to encourage pedestrian open spaces that exceed the above requirements and the provision of public art may be available at the discretion of the city. Eligible projects include new shopping centers greater than one acre in size and remodeled shopping centers greater than five acres in size. The types of bonus incentives that may be available to eligible projects include:

a.

Increase in maximum structure height;

b.

Increase in maximum lot coverage;

c.

Increase in floor area ratio;

d.

Reduction in landscaping requirements; and/or

e.

Reduction in front setback to accommodate pedestrian open space amenities.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 6, 7-16-24)

Sec. 22.16.080. - Screening and buffering.

This section provides standards for the screening and buffering of adjoining land uses, equipment and outdoor storage areas, and surface parking areas with respect to multifamily and nonresidential land uses.

(1)

Screening between different land uses. An opaque screen consisting of plant material and a masonry wall, six feet in height, shall be installed along parcel boundaries whenever a commercial development adjoins a residential zoning district. Pedestrian access gates may be provided between the commercial properties and abutting common open area within residential developments. The wall shall be architecturally treated on both sides, subject to the approval of the director, or the hearing officer, if part of a project review.

(2)

Mechanical equipment. Roof- or ground-mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust, water heaters, etc.), loading docks, service yards, waste and storage areas, and utility services shall be screened from public view from abutting public streets and rights-of-way, and abutting area(s) zoned for residential or open space uses, including views from above the subject project. The method of screening shall be architecturally compatible with other site development in terms of colors, materials, and architectural style subject to approval by the director.

The screening design/construction shall be subject to the approval of the director, or the hearing officer, if part of a project review, and shall blend with the design of the structure(s) and include appropriately installed and maintained landscaping when on the ground;

(3)

Outdoor storage and work yards. Uses with outdoor storage of materials, or operations shall comply with the following:

a.

Outside uses shall have a solid sight-obscuring wall not less than six feet, or more than seven feet, in height, of a type and design approved in advance of construction by the director, or the hearing officer, if part of a project review. The wall shall include sight-obscuring gates. The wall and gate(s) shall be maintained to continuously conform to the conditions of the director or hearing officer;

b.

Site operations in conjunction with the outdoor uses, including but not limited to, the loading and unloading of materials and equipment, shall be conducted entirely within a walled area;

(4)

Outdoor building and garden supply areas. Outdoor building and garden supply areas shall be screened with walls, fencing, landscaping, or similar material to minimize visibility of the storage area; and

(5)

Parking areas abutting public streets and rights-of-way. An opaque screen shall be installed along parking areas abutting public streets and rights-of-way. The screening shall have a total height of not less than 30 inches and not more than 42 inches. However, where the finished elevation of the parking area is lower at the boundary line than the abutting property elevation, the change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the requirements of this subsection.

The opaque screen shall consist of one, or a combination, of the following:

a.

Landscaped berm. A berm constructed of earthen materials and landscaped to form an opaque screen;

b.

Fences. A solid fence constructed of wood, or other materials compatible to form an opaque screen; and/or

c.

Walls, including retaining walls. A wall of concrete, block, stone, brick, tile or other similar type of solid masonry material.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.16.090. - Setback regulations and exceptions.

This section establishes standards to ensure the provision of open areas around structures for: Visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation.

(1)

Setback requirements. All structures shall conform with the setback requirements established for each zoning district by article II (Zoning Districts and Allowable Land Uses), and with any special setbacks established for specific uses by this Development Code and by the Uniform Building Code as adopted by the city. Portions of a structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or street right-of-way. Each yard shall be open and unobstructed from the ground upward, except as provided in this section.

(2)

Measurement of setbacks. Setbacks shall be measured as follows:

a.

Front yard setbacks. The front yard setback shall be measured at right angles from the nearest point on the front property line of the parcel to the nearest point of the wall of the structure, except as follows:

==> picture [204 x 222] intentionally omitted <==

1.

Corner parcels. The measurement shall be taken from the nearest point of the structure to the nearest point of the property line adjoining the street to which the property is addressed and the street from which access to the property is taken. Whenever a future right-of-way line is officially established, required yards shall be measured from the established line(s);

2.

Flag lots. The measurement shall be taken from a parallel line established where the access strip meets the buildable area of the parcel closest to the public street or right-of-way to the nearest point of the wall of the structure.

b.

Side yard setbacks. The side yard setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest line of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear yards.

c.

Street side yard setbacks. The side yard on the street side of a corner parcel shall be measured from the structure to the nearest point of the side property line adjoining the street.

d.

Rear yard setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest line of the structure, establishing a setback line parallel to the rear property line, which extends between the side yards, except:

1.

The rear yard on the street side of a double frontage lot shall be measured from the nearest point of the rear property line adjoining the street right-of-way. However, if an access easement or street right-of-way line extends into or through a rear yard, the measurement shall be taken from the nearest point of the easement or right-of-way line; and

2.

Where the side lot lines converge to a point, a line five feet long within the parcel, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard (Figure 3-3).

(3)

Allowed projections into setbacks. The following architectural features may extend beyond the wall of the structure and into the front, side and rear yard setbacks, only as follows:

a.

Chimneys/fireplaces. A chimney/fireplace, up to eight feet in width, may extend 30 inches into a required setback, but no closer than three feet to a side or rear property line.

==> picture [372 x 207] intentionally omitted <==

b.

Canopies, cornices, eaves and roof overhangs. Cantilevered architectural features on the main structure, including, but not limited to, balconies, bay windows, canopies, cornices, eaves and solar devices, which do not increase the floor area enclosed by the structure, may extend into required yards as follows:

1.

Front yard setback: Up to three feet into the required front yard;

2.

Side yard setback: Up to 30 inches into a required side yard, but no closer than three feet to a side property line; and

3.

Rear yard setback: Up to five feet into the required rear yard but not closer than ten feet to the rear property line.

c.

Porches. Covered, unenclosed porches, located at the same level as the entrance floor of the structure, may extend up to six feet into the required front yard setback.

d.

Stairways. Outside stairways and landings that are not attached to a deck, are not enclosed and do not extend above a ground floor entrance, may extend into required yards as follows:

1.

Front yard setback: Up to six feet into a required front yard;

2.

Side yard setback: Up to 30 inches into a required side yard, but no closer than three feet to a side property line;

3.

Rear yard setback: Up to six feet into a required rear yard.

==> picture [252 x 153] intentionally omitted <==

e.

Setback requirements for specific structures:

1.

Dwelling groups. An inner court providing access to a dwelling group (constructed and located face-toface) shall provide a minimum width of 15 feet between rows for single-story structures with an additional five feet of width for each additional floor above the first floor.

Planters. Planter boxes and masonry planters shall be allowed in all required setbacks not to exceed a height of 42 inches.

3.

Swimming pools and spas. Swimming pools and spas are allowed in side and rear setbacks provided they are not closer than five feet to any property line.

4.

Guard railings. Guard railings or fences for safety protection around depressed ramps may be located in required setbacks provided:

(a)

That an open-work railing or fence is used; and

(b)

That the height of the railing or fence complies with the requirements of the Uniform Building Code.

5.

Drives, walkways, and decks. Driveways, walkways, patio slabs, and wooden decks shall be allowed in required setbacks provided they did not exceed one foot above finished grade. This provision shall not exclude the use of steps providing access between areas of different elevations on the same property.

(a)

A deck shall not extend more than six feet over the top of slope, nor more than three feet above the slope at any point. A deck shall maintain a minimum side and rear setback of five feet from the property line or buildable pad's edge, whichever is applicable and a street side setback as required for the main structure setback.

6.

Equipment. Ground-mounted equipment (e.g., air conditioners, swimming pool pumps, heaters, filters, and fans, etc.) shall be allowed in required side or rear setbacks, provided:

(a)

The equipment is not located closer than 42 inches to a lot line; and

(b)

The equipment does not exceed a height of six feet measured from the finished grade at the base of the unit.

7.

Retaining walls.

(a)

Walls up to 42 inches. Retaining walls up to 42 inches in height are exempt from setback requirements.

(b)

Up to six feet. Retaining walls up to six feet in height may be located within a required setback provided the exposed side of the wall faces into the subject parcel.

8.

Fences and walls.

(a)

On a reverse corner lot, setbacks for fences and walls higher than 42 inches and not exceeding six feet in height shall comply with setbacks as described in Table 2-4. The director may reduce the required ten-foot setback to a minimum five feet for fences and walls on a reverse corner lot where a clear line of site is maintained for vehicular and pedestrian traffic.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2001), §§ 2, 21, 11-6-01; Ord. No. 02(2003), 9-16-03; Ord. No. 03(2024), § 7, 7-16-24)

Sec. 22.16.100. - Solid waste/recyclable materials storage.

This section provides standards for the construction and operation of solid waste and recyclable material storage areas in compliance with state law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code §§ 42900 through 42911).

(1)

Multifamily projects. Multifamily residential projects with five or more dwelling units shall provide solid waste and recyclable material storage areas in the following manner: See Table 3-1.

a.

Individual unit storage requirements. Each dwelling unit shall include an area with a minimum of six cubic feet for the storage of solid waste and recyclable material indoors. A minimum of three cubic feet shall be provided for the storage of solid waste and a minimum of three cubic feet shall be provided for the storage of recyclable material; and

b.

Common storage requirements. The following are minimum requirements for common solid waste and recyclable material storage areas for multifamily developments, which may be located indoors or outdoors as long as they are readily accessible to all residents. These requirements apply to each individual structure. All required areas are measured in square feet.

TABLE 3-1

MULTIFAMILY DEVELOPMENT

MINIMUM STORAGE AREAS REQUIRED (SQ. FT.)

(2)

Nonresidential structures and uses. Nonresidential structures and uses within all zoning districts shall provide solid waste and recyclable material storage areas. The following (Table 3-2) are minimum storage area requirements. These requirements apply to each individual structure. All required areas are measured in square feet.

TABLE 3-2

NONRESIDENTIAL STRUCTURES

MINIMUM STORAGE AREAS REQUIRED (SQ. FT.)

(3)

Location requirements. Solid waste and recyclable materials storage areas shall be located in the following manner:

a.

Solid waste and recyclable material storage shall be adjacent/combined with one another. They shall be located inside a specially designated structure, on the outside of a structure in an approved fence/wall enclosure, a designated interior court or yard area with appropriate access, or in rear yards and interior side yards. Exterior storage area(s) shall not be located in a required front yard, street side yard, parking area, landscaped or open space area or area(s) required by the Municipal Code to be maintained as unencumbered. Existing developments shall comply with these standards to the greatest degree feasible at the time of any expansion or additions subject to approval of the director.

b.

Storage area(s) shall be accessible to residents and employees. Storage areas within multifamily residential developments shall be located within 250 feet of an access doorway to the dwellings which they are intended to serve.

c.

Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. Where a parcel is served by an alley, exterior storage area(s) shall be directly accessible to the alley.

(4)

Design and construction. The design and construction of the storage area(s) shall:

a.

Be compatible with the surrounding structures and land uses;

b.

Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials;

c.

Provide a concrete pad within the fenced or walled area(s) and a concrete apron which facilitates the handling of the individual bins or containers;

d.

Protect the areas and the individual bins or containers provided within from adverse environmental conditions which might render the collected materials unmarketable; and

e.

The storage area(s) shall be appropriately located and screened from view. The design shall be architecturally compatible with the surrounding structures and subject to the approval of the director.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.16.110. - Undergrounding of utilities.

All on-site electric and telephone facilities, fire alarm conduits, lighting wiring, cable television, and other wiring conduits and similar facilities shall be placed underground at the time of development.

Projects located within approved underground utility districts shall be subject to the requirements of chapter 13.04 of the Municipal Code.

(Ord. No. 02(1998), § 2, 11-3-98)

The owner of a use that generates vibrations at levels that constitute a nuisance, in compliance with the Municipal Code (section 8.12.320(b)), shall abate the nuisance. If the nuisance is not abated in a timely manner, the city will abate the nuisance in compliance with section 15.00.2830 of the Municipal Code.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.16.130. - View protection.

(a)

For the purpose of this section, a "view" means a vista of significant features, including mountains, ridges, hillside terrain, canyons, geologic features, and community amenities (e.g., parks, landmarks, permanent open space). The term does not mean an unobstructed panorama of these features.

(b)

The development of new projects shall respect the views of existing residential uses. New structures shall be located in a manner that preserves views by creating view corridors.

(c)

New developments that are within the viewshed of existing residential uses shall be kept as low as possible to reduce or eliminate the possibility of blocking views.

(d)

In reviewing projects with potential view blockage impacts, the council, commission, or director shall refer to the view protection guidelines in the city's "city-wide design guidelines" manual.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 8, 7-16-24)

Second kitchens shall be permitted within the rural residential (RR) zone in single-family residences that are a minimum of 6,000 square feet in floor area. A second kitchen shall not constitute approval of an accessory dwelling unit and such kitchen shall not be so located as to facilitate the establishment of the accessory dwelling unit including a servant's quarters.

(Ord. No. 04(2005), § B, 3-15-05; Ord. No. 03(2017), § 3, 5-2-17)

CHAPTER 22.18. - SPECIAL PROCEDURES APPLICABLE TO HOUSING DEVELOPMENT PROJECTS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 03(2024), § 9, adopted July 16, 2024, repealed the former Ch. 22.18 § 22.18.010, and enacted a new Ch. 22.18 as set out herein. The former Ch. 22.18 was entitled "Affordable Housing Incentives/Density Bonus Provisions," and derived from Ord. No. 04(2013), § 3, adopted June 18, 2013.

Sec. 22.18.010. - Affordable housing incentives/density bonus provisions.

(a)

Purpose. The purpose of this section is to implement the incentive programs provided in Government Code Sections 65915 through 65918 (referred to collectively in this section as the "State Density Bonus Law") in order to provide additional opportunities for the provision of affordable housing within the City of Diamond Bar.

(b)

Applicability. This section applies to any "housing development," as defined in the State Density Bonus Law, including, without limitation, a development project for five or more residential units, including a mixed-use development, or a senior citizen housing development consisting of at least 35 units. This section also applies to density bonuses for land donations in accordance with Government Code Section 65915. In exchange for density bonuses, incentives or concessions, waivers or reductions of development standards, and/or reduced parking ratios, a portion of the units shall be reserved for very low income households, lower income households, senior citizen households, moderate income households, transitional foster youth, disabled veterans, homeless persons, or lower income college students as provided in this section and the State Density Bonus Law. All such projects shall comply with all requirements stated in the State Density Bonus Law and shall be subject to the subdivision, plot plan review and/or development review requirements of this title, as applicable. This section shall be interpreted in a manner consistent with the State Density Bonus Law, as it may be amended from time to time, and the requirements of the State Density Bonus Law shall prevail over any conflicting provision of this Development Code.

(c)

Definitions. As used in this section 22.18.010, the terms base density, concession, density bonus, development standard, disabled veterans, homeless persons, housing development, incentive, located within one-half mile of a major transit stop, lower income households, lower income student, maximum allowable residential density, moderate income households, persons and families of moderate income, qualified nonprofit housing corporation, replace, senior citizen housing development, shared housing building, shared housing unit, total dwelling units, total units, transitional foster youth, unit, unobstructed access to the major transit stop, very low income households, and very low income vehicle travel area shall have the meanings ascribed to them in the State Density Bonus Law, as it may be amended from time to time.

(d)

Determination of density bonus. Qualified projects that meet the eligibility requirements set forth in this section and/or the State Density Bonus Law shall be granted a density bonus or bonuses in an amount specified in the State Density Bonus Law, as it may be amended from time to time. Eligibility for and/or calculation of a density bonus shall be subject to the following:

(1)

A density bonus is a density increase over the otherwise maximum allowable gross residential density for a site as of the date of application by the applicant to the city. For the purpose of calculating the density bonus, the maximum allowable residential density, or base density, shall be the greatest number of units allowed on the site under the Development Code, an applicable specific plan, or the land use element of the general plan. Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

(2)

Except as otherwise required by the State Density Bonus Law, the density bonus units shall not be included when determining the number of required affordable units or senior citizen units.

(3)

The developer can request a smaller density bonus than the project is entitled to, including no increase in density, but no reduction shall be permitted in the number of required affordable units.

(4)

For purposes of calculating the amount of the density bonus, an applicant who requests a density bonus shall elect the category and corresponding provision of the State Density Bonus Law pursuant to which the density bonus will be awarded. Unless otherwise specified in this section or the State Density Bonus Law, each residential development is entitled to only one density bonus, and density bonuses from more than one category may not be combined.

(5)

The granting of a density bonus and/or related concession(s) or incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, study, or other discretionary approval.

(6)

Pursuant to California Government Code Section 65915.5, the conversion of apartments to a condominium project shall not be eligible for a density bonus or other incentives if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided under Government Code Section 65915.

(e)

Specific requirements.

(1)

Senior citizen housing requirements.

a.

Senior citizen housing development projects shall have a minimum of 35 units and shall meet the requirements described in Section 51.3 of the California Civil Code or any successor statute or regulation.

b.

Mobile home parks shall limit residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code, or any successor statute or regulation.

(2)

Land donation requirements. An applicant for a tentative map, parcel map or any other residential development approval shall receive a density bonus for the residential development in an amount specified by Government Code Section 65915, as it may be amended from time to time, when the applicant donates land to the city as provided in this section. This density bonus shall be in addition to any other density bonus provided for in this section, up to a total combined density bonus of 35 percent. Applicants are eligible for the land donation density bonus if all of the following conditions are met:

a.

The developer shall donate and transfer land to the city no later than the date of approval of the final map or other approvals required for the residential development.

b.

The developable acreage and general plan and zoning designation of the land being transferred are sufficient to permit development of units affordable to very low income households in an amount not less than ten percent of the number of residential units of the proposed development.

c.

The transferred land shall be at least one acre or of sufficient size to permit development of at least 40 residential units and shall have the appropriate general plan designations and be appropriately zoned with appropriate development standards for development at a density of at least 30 dwelling units per acre.

d.

The transferred land shall be served by adequate public facilities and infrastructure.

e.

The transferred land and the very low income units constructed shall be subject to a deed restriction recorded with the county recorder, to ensure continued affordability of the units consistent with this section, and the property owner shall enter into an affordable housing agreement with the city pursuant to this section. The deed restriction/affordable housing agreement shall be recorded on the property at the time of the transfer.

f.

The transferred land shall be conveyed in fee simple to the city or to a housing developer approved by the city.

g.

The transferred land shall be within the boundary of the proposed residential development, or no more than approximately one-quarter mile from the boundary of the qualified project, if the city so approves.

h.

No later than the date of approval of the final map or other discretionary approval required for the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, and a proposed source of funding for the very low income units shall have been identified.

(3)

Childcare facility requirements.

a.

Subject to subsection (e)(3)c., below, the city shall grant either of the following to a qualifying housing development that includes a childcare facility located on the premises of, or adjacent to, the project:

i.

An additional density bonus that is an amount of square feet of residential space equivalent to the square footage of the childcare facility; or

ii.

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

b.

As a condition of receiving the additional density bonus or concession for a childcare facility, the project shall comply with the following requirements:

i.

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 density bonus units are required to remain affordable.

ii.

Of the children who attend the childcare facility, the percentage of children of very low income, lower income, or moderate income households shall be equal to, or greater than, the percentage of affordable units required to be set aside for each such group.

c.

Notwithstanding any requirement of this section, the city shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.

(4)

Replacement housing requirement. Pursuant to subdivision (c)(3) of Government Code Section 65915, an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein and the provisions of section 22.18.020, including in the following circumstances:

a.

The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or

b.

The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the five-year period preceding the application; or

c.

The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very low-income households; or

d.

The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the five-year period preceding the application.

(f)

Regulatory agreement. As a condition to the city's granting of a density bonus, incentives or concessions, waivers or reductions in development standards, and/or reduced parking ratios pursuant to this section, the property owner(s) shall enter into a regulatory agreement with the city pursuant to section 22.18.030, which satisfies the criteria set forth in subdivision (c) of Government Code Section 65915.

(g)

Concessions or incentives. In compliance with State Density Bonus Law, developers that request a density bonus to provide on-site affordable housing may also eligible to receive one or more concessions or incentives, based on the type and scope of the project.

(1)

The review authority shall grant applicants for qualified projects the number of incentives and concessions required by Government Code Section 65915. The review authority shall approve a specific requested concession or incentive for a proposed project unless the review authority makes a written finding, based on substantial evidence, of any of the following:

a.

The concession or incentive does not result in identifiable and actual cost reductions in order to provide for affordable housing costs or for affordable rents for the targeted units to be set aside;

b.

The concession or incentive would have a specific adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health and safety 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; or

c.

The concession or incentive would be contrary to state or federal law.

(2)

Menu of concessions/incentives. Concessions or incentives that a developer may request include those of the type set forth in subsection (k) of Section 65915 of the California Government Code, including the following:

a.

Relaxation or other modification of zoning standards regulating such items as setbacks, height limitations, distances between buildings, required parking, parking development standards, projections into yards, and the like, which result in identifiable, and actual cost reductions. No separate variance application will be

required for any modification of standards. However, the approved plans and application shall identify the zoning standards modifications which have been incorporated into the project.

b.

Modification of architectural regulations ordinarily applied to a residential development project, which result in identifiable and actual cost reductions.

c.

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.

d.

Other regulatory incentives or concessions proposed by the developer or the city, which result in identifiable, and actual project cost reductions.

(3)

Parking incentives.

a.

Notwithstanding any other provision of this title, except as otherwise required pursuant to the State Density Bonus Law or other applicable law, if requested by the developer, the minimum number of off-street parking spaces, inclusive of accessible and guest parking spaces, required to be provided for all units within a qualifying density bonus housing development shall be as follows:

(h)

Physical constraints. In accordance with Government Code Section 65915(e), in addition to any concessions or incentives requested, an applicant for a density bonus pursuant to this section may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions to which the applicant is entitled. The review authority shall approve a requested waiver or reduction of a development standard, unless it makes any of the following findings:

(1)

The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant.

(2)

The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(3)

The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

(4)

The waiver or reduction of the development standard would be contrary to state or federal law.

(i)

Project review procedures. All project applications for which a density bonus, concessions or incentives, modifications or waivers of development standards, and/or reduced parking ratios is/are being requested shall be reviewed in accordance with section 22.18.040 and shall be subject to the following project review procedures:

(1)

In addition to any other application required for a proposed housing development project, applications for any requested density bonus, incentives or concessions, waivers or reductions of development standards, and/or reduced parking ratios pursuant to this section shall be filed with the department pursuant to section 22.44.030. The application shall be filed concurrently with the application or applications for other required land use permits and approvals for the proposed project and shall be processed in the same manner as, and concurrently with, the application or applications for other required project approvals. In addition to any other information requested by the director, the application shall identify the category and corresponding provision(s) of the State Density Bonus Law pursuant to which a density bonus is requested; the base density of the proposed project; the number of density bonus units requested, along with supporting calculations; any concessions/incentives requested, any development standards requested to be waived/modified, and any reduced parking ratios requested pursuant to subsection (g)(3). The

application shall be accompanied by reasonable documentation satisfactory to the director to establish eligibility for all requested density bonuses and parking ratios. Upon approval of a housing development project pursuant to this section, the planning division shall note in the project record that a density bonus has been granted, and the approved plans and application shall identify all concessions and incentives and/or waivers and modifications granted and any special conditions imposed on the project to ensure unit affordability.

(Ord. No. 03(2024), § 9, 7-16-24)

Sec. 22.18.020. - Dwelling unit protection regulations.

(a)

Purpose and applicability. The purpose of this section is to implement the provisions of the Housing Crisis Act of 2019, which require development project proponents to replace demolished residential dwelling units and protected rental units and to provide relocation assistance and other benefits to existing occupants of demolished protected rental units. This section applies to all development projects subject to Article 2 of Chapter 12 of Division 1 of Title 7 of the Government Code.

(b)

Definitions. If defined in therein, terms used in this section shall have the same meaning as defined in Government Code Sections 66300.5—66300.6. Unless otherwise defined in Government Code Sections 66300.5—66300.6, as used in this section, the following terms shall have the following meanings:

(1)

"Affordable housing cost" has the same meaning as defined in Health and Safety Code Section 50052.5.

(2)

"Affordable rent" has the same meaning as defined in Health and Safety Code Section 50053.

(3)

"Comparable unit" shall have the same meaning as the term "comparable replacement dwelling" as defined in Government Code Section 7260; provided, however, that with respect to an occupied protected unit that is a single-family home that will be demolished in conjunction with a proposed development project that consists of two or more dwelling units, a "comparable unit" need not contain more than three bedrooms or have the same or similar square footage or the same number of total rooms.

(4)

"Development project" means the development of land requiring city approval. A development project includes, but is not limited to, a housing development project.

(5)

"Equivalent size" means that the replacement protected units contain at least the same total number of bedrooms as the units being replaced.

(6)

"Extremely low income households" has the same meaning as defined in Health and Safety Code Section 50106.

(7)

"Housing Crisis Act" means and refers the provisions set forth in Chapter 12 of Division 1 of Title 7 of the Government Code, commencing with Section 66300, as such provisions may be amended from time to time.

(8)

"Housing development project" has the same meaning as defined in Government Code Section 65905.5.

(9)

"Lower income households" has the same meaning as defined in Health and Safety Code Section 50079.5. Lower income households includes very low income households and extremely low income households.

(10)

"Protected unit" shall have the same meaning as defined in the Housing Crisis Act and includes, but is not limited to, existing or previously demolished residential dwelling units that are or were either rented by lower or very low income households or subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the five-year period preceding the application submittal date.

(11)

"Relocation Assistance Law" shall mean Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and its related implementing regulations.

(12)

"Replace" has the same meaning as provided in subparagraphs (B) and (C) of paragraph (3) of subdivision (c) of Government Code Section 65915; provided, however, that for purposes of a development project that that consists of a single residential unit on a site with a single protected unit, "replace" shall mean that the protected unit is replaced with a unit of any size at any income level.

(13)

"Replacement protected units" means and refers to affordable residential units proposed to be developed to replace one or more protected units.

(14)

"Very low income households" has the same meaning as defined in Health and Safety Code Section 50105. Very low income households includes extremely low income households.

(c)

One-to-one replacement of demolished dwelling units. If, and to the extent, required by the Housing Crisis Act, the final review authority shall not approve a housing development project that will require the demolition of one or more residential dwelling units unless the proposed project will create at least as many residential dwelling units as will be demolished in conjunction with the project.

(d)

Replacement of protected units. If, and to the extent, required by the Housing Crisis Act, the final review authority shall not approve a development project that will require the demolition of one or more occupied or vacant protected units, or that is located on a site where one or more protected units were demolished in the previous five years, unless all applicable requirements, including, but not limited to, the following, are complied with:

(1)

Number of total units required. If the project is a housing development project, the project shall include at least as many total dwelling units as the greatest number of permitted dwelling units that existed on the project site within the five-year period preceding the application submittal date.

(2)

Number of replacement protected units required. Unless otherwise provided in the Housing Crisis Act, the development project shall replace all existing occupied or vacant protected units that will be demolished as part of the proposed project and all protected units that were previously located on the project site and demolished on or after January 1, 2020. Any replacement protected units provided will be considered in determining whether a housing development project satisfies the requirements of Government Code Section 65915 and section 22.18.010.

a.

Projects involving demolition of occupied protected units. If any existing protected units to be demolished are occupied on the date of application submittal, the project shall provide at least the same number of replacement dwelling units of equivalent size to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy of the protected units. If a project site containing occupied protected units to be demolished also contains vacant protected units that will be demolished as part of the project, or previously contained protected units that were demolished within the five-year period preceding the application submittal date, the project shall also provide at least the same number of replacement protected units of equivalent size as such protected units, to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income of the existing or last household in occupancy of any protected units is not known, it shall be rebuttably presumed that lower income renter households occupied such protected units in the same proportion of lower income renter households to all renter households within the City of Diamond Bar, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability

Strategy database. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number.

b.

Projects only involving vacated or demolished protected units. If all protected units on the project site are vacant or have been demolished within the five-year period preceding the application submittal date, the project shall provide at least the same number of replacement protected units of equivalent size as the number of protected units as existed at the highpoint of those units in the five-year period preceding the application submittal date, to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy of the protected units at that time, if known. If the incomes of the persons and families in occupancy the protected units at the highpoint is not known, it shall be rebuttably presumed that lowincome and very low income renter households occupied these protected units in the same proportion of low-income and very low income renter households to all renter households within the City of Diamond Bar, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number.

c.

Replacement protected unit size. A replacement protected unit must include at least the same number of bedrooms as the protected unit being replaced; provided, however, that if, and to the extent permitted pursuant to the Housing Crisis Act, a protected unit may be replaced with two or more replacement protected units of the same or a lower income category as the protected unit, provided the cumulative number of bedrooms in the replacement protected units equals or exceeds the number of bedrooms in the protected unit being replaced.

d.

Single-family projects involving a single protected unit. Notwithstanding any other provisions of this subsection (d)(2), if a development project consists of the development of a single residential unit on a site with a single protected unit, that protected unit may be replaced with a unit of any size at any income level.

(3)

Location of replacement protected units. If the project is a housing development project, replacement protected units shall be constructed on the same site as the demolished protected units being replaced and integrated into the development project, if feasible. Subject to approval of the final review authority, and to the extent permitted by the Housing Crisis Act, an applicant may develop, or contract with another entity to develop, a replacement protected unit on a different parcel in the city zoned for residential use, provided that: (i) an application for development of the replacement protected units on different parcels is made concurrently with an application for all other components of the proposed development project, (ii) the other parcel is zoned for residential use and all objective general plan, zoning, and other standards and requirements are met, and (iii) the applicant demonstrates that no residential tenants on the other parcel have been or will be displaced as a result of development of the replacement protected unit.

(4)

Timing of construction of replacement units. All replacement units shall be constructed concurrently with or prior to other components of the proposed development project.

(5)

Affordability restrictions. All replacement protected units that will be rented shall be subject to a recorded affordability restriction for at least 55 years. Replacement protected units that will be offered for sale shall be subject to paragraph (2) of subdivision (c) of Government Code Section 65915.

(6)

Regulatory agreement required. The record owner(s) of the property shall enter into a regulatory agreement with city pursuant to section 22.18.030.

(e)

Benefits to be provided to occupants of protected units. The final review authority shall not approve a development project subject to the Housing Crisis Act that will require the demolition of one or more occupied protected units, unless the applicant and record owner(s) of the subject site agree to comply the requirements set forth in this subsection (e) and to provide any other benefits to existing occupants of protected units required pursuant to the Housing Crisis Act.

(1)

Right to remain in occupancy pending demolition. Any existing occupants of a protected unit to be demolished, regardless of their household income level, shall be allowed to occupy the unit until six months before the start of construction activities on the site. The project proponent and/or record owner of the occupied protected unit shall provide the existing occupants with written notice of the planned demolition, the date the occupants must vacate the unit, and their rights under the Housing Crisis Act. Said notice shall be provided at least six months in advance of the date that the existing occupants must vacate the unit, and a copy shall be concurrently delivered to the director.

(2)

Right to return if demolition does not proceed. Any existing occupants of a protected unit to be demolished, regardless of their income level, that are required to leave the unit shall be allowed to return at their prior rental rate if the demolition does not proceed and the unit is returned to the rental market. This right shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the director.

(3)

Right of first refusal for a comparable unit in new housing development project. Except as otherwise expressly provided in this subsection (e)(3), the record owner(s) of a protected unit that will be demolished shall agree to provide existing occupants of the protected unit that are lower income households with a right of first refusal to rent or purchase a comparable unit available in the new housing development project, or in any required replacement units associated with a new development that is not a housing

development project, affordable to the household at an affordable rent or affordable housing cost. The right of first refusal shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the director. Notwithstanding the foregoing, this subsection (g)(3) shall not apply to either: (i) a development project that consists of a single residential unit located on a site where a single protected unit is being demolished; (ii) units in a housing development in which 100 percent of the units, exclusive of a manager's unit or units, are reserved for lower income households, unless the occupant of the protected unit qualifies for residence in the new development and providing a comparable unit to the occupant would not be precluded due to unit size limitations or other requirements of one or more funding source of the housing development; or (iii) a development project that is an industrial use and to which the requirement to provide replacement units does not apply.

(4)

Relocation benefits.

a.

The applicant and/or the record owner(s) of a protected unit that will be demolished as part of a

development project shall provide existing occupants of the protected unit to be demolished that are lower income households with relocation benefits that are equivalent to the relocation benefits required to be paid by public entities pursuant to the Relocation Assistance Law. By way of example, said relocation benefits may include, without limitation, advisory assistance in finding comparable new housing, payment of moving expenses, and rental assistance payments.

b.

The applicant shall engage a qualified third-party contractor or consultant (a "relocation consultant") approved by the director to determine the eligibility of occupants for benefits, prepare a relocation plan, and oversee the provision of the required relocation benefits.

c.

The applicant's relocation consultant shall prepare a written relocation plan consistent with the provisions of the Relocation Assistance Law, which plan shall be subject to review and approval by the director. The relocation plan shall include, without limitation, provisions addressing the following:

i.

Determination of eligibility requirements;

ii.

Identification of eligible occupants;

iii.

Occupant interviews and needs assessments;

iv.

An evaluation of the availability of comparable replacement housing within the relevant geographic area;

v.

Identification of specific replacement housing options;

vi.

The provision for relocation advisory services to affected occupants;

vii.

A description of the relocation benefits available to eligible occupants;

viii.

A process for the provision of benefits and the submission of benefit claims by eligible occupants;

ix.

A process for occupants to appeal benefit determinations; and

x.

Procedures for providing the benefits required pursuant to this subsection (e), including copies of the required notices, agreements, and other forms needed to implement the provision of said benefits.

d.

Prior to the issuance of a grading or building permit for the development project, the relocation consultant shall provide a letter to the director certifying that the relocation process has been completed and that all required relocation benefits have been provided.

(f)

Fees. The city may impose a fee or fees to recover the city's other reasonable costs to implement the dwelling unit protection provisions of the Housing Crisis Act and this section. Any such fees shall be adopted by resolution of the city council.

(g)

Reimbursement of city's professional fees and costs. To the extent not factored into the fee or fees established pursuant to subsection (f), in addition to such fees, if benefits are required to be provided to existing occupants of protected units pursuant to subsection (e), the applicant shall reimburse the city for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the city to provide consultation, advice, analysis, and/or review or preparation of documents in connection with the review of a relocation plan, notices, or other required forms and documents and the monitoring and/or enforcement of compliance with requirements for provision of benefits. Concurrent with or prior to the applicant's submittal of any notice, agreement, plan, or other

document requiring approval of the director pursuant to subsection (e), the applicant shall execute a reimbursement agreement with the city in a form approved by the city manager and provide a deposit to the city in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the city, as determined by the director in his or her reasonable discretion. The city manager or his or her designee is authorized to execute said reimbursement agreement on behalf of the city.

(Ord. No. 03(2024), § 9, 7-16-24)

Sec. 22.18.030. - Affordable housing regulatory agreements.

(a)

Purpose. The purpose of this section is to establish minimum requirements and procedures for the preparation, execution, and recording of regulatory agreements establishing covenants to ensure the initial and continued affordability of income-restricted residential dwelling units required to be provided in conjunction with the approval of a development project pursuant a provision of this Code or state law.

(b)

Definitions. As used in this section, the following terms shall have the following meanings:

(1)

"Affordable units" means residential dwelling units required to be made affordable to, and occupied by, households with incomes that do not exceed the limits specified in applicable law for middle income, moderate-income, lower income, very low income, or extremely low income households, as applicable, at an affordable rent or affordable housing cost, pursuant to state law or any provision of this Code.

(2)

"Owner" means the record owner or owners of the parcel or parcels on which affordable units will be located.

(3)

"Regulatory agreement" means an agreement or agreements entered into between the city and an owner pursuant to this section.

(c)

Requirement for regulatory agreement. Whenever an applicant for a development project offers to or is required as a condition of development pursuant to state law or any provision of this Code to construct a specified number or percentage of affordable units, the owner shall enter into a regulatory agreement with the city meeting the requirements of this section in the form approved by the city manager.

(d)

Required provisions of regulatory agreements. Unless otherwise provided by law or authorized by the city manager, each regulatory agreement shall include provisions addressing or requiring the following:

(1)

Identification of affordable units. The number, affordability level, unit size and bedroom count mix, and location of the affordable units shall be set forth in the regulatory agreement. Unless otherwise mutually agreed by the applicant and city, affordable units shall be dispersed throughout the project. Projects that include mixed income multifamily structures shall comply with the requirements set forth in Health and Safety Code Section 17929.

(2)

Timing of construction. The regulatory agreement shall require that the affordable units be constructed concurrently with or prior to other components of the development project.

(3)

Affordability period for affordable units. The regulatory agreement shall require that the affordable units remain affordable to, and be occupied by, persons and families of the required income level at an affordable rent or affordable housing cost, as applicable, for the minimum period of time required by law, or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or subsidy program associated with the development project. Where a minimum affordability period is not otherwise specified by statute or ordinance, the required affordability period for affordable units that will be rented shall be a minimum of 55 years and the required affordability for affordable units that will be offered for sale shall be a minimum of 45 years. Determinations of affordable rents, affordable housing costs, and household income levels shall be made in accordance with the regulations published from time to time by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093.

(4)

Annual tenant income verification, compliance reporting, and certification. For projects containing affordable units that will be rented, the regulatory agreement shall include uniform provisions requiring the owner to verify and certify, prior to the initial occupancy, and annually thereafter, that each tenant household occupying each affordable unit meets the applicable income and eligibility requirements established for the affordable unit, and to annually prepare a compliance report and certify that the affordable units are in compliance with the regulatory agreement.

(5)

For-sale affordable units. For projects containing affordable units that will be offered for sale, the regulatory agreement shall include uniform provisions requiring the owner to either: (i) ensure that each affordable unit is offered at an affordable housing cost and is initially sold to and occupied by a household that meets the applicable income and eligibility requirements established for the affordable unit, or (ii) sell the affordable unit(s) to a qualified nonprofit housing corporation pursuant to applicable legal requirements and terms acceptable to the city. If the affordable units are developed pursuant to section 22.18.010 or section 22.18.020, the regulatory agreement shall contain provisions satisfying the criteria set forth in paragraph (2) of subdivision (c) of Government Code Section 65915. The regulatory agreement shall also require the initial purchaser and, if applicable, each subsequent purchaser, of an affordable unit, to execute and/or record

one or more agreements and/or restrictive covenants benefiting and enforceable by the city, which address, among other things, the purchaser's obligations pertaining to certification of income, financing or refinancing of the unit, occupancy of the unit, property maintenance, insurance, periodic certification of compliance with applicable agreement terms, and re-sale of the unit. Such agreements or restrictive covenants may include, without limitation promissory notes, deeds of trust, reimbursement agreements, option agreements, equity sharing agreements, and/or other covenants and regulatory documents necessary to ensure continued compliance with pertinent provisions of applicable law, conditions of approval, and the regulatory agreement for the required affordability period.

(6)

Maintenance standards. The regulatory agreement shall contain uniform provisions governing the owner's maintenance obligations and the city's rights in the event the owner fails to adhere to its maintenance obligations.

(7)

Annual compliance report. Each regulatory agreement shall contain provisions requiring the owner to submit an annual compliance report containing specified information to the city in a form reasonably satisfactory to director and to annually certify that the affordable units are in compliance with the requirements of the regulatory agreement.

(8)

Recordkeeping requirements. The regulatory agreement shall contain uniform provisions requiring the owner to maintain affordable unit sales documents, tenant leases, income certifications, and other books, documents, and records related to the sale or rental of the affordable units and operation of the project for a period of not less than five years after creation of each such record; to allow the city to inspect any such books, documents, or records and to conduct an independent audit or inspection of such records at a location that is reasonably acceptable to the city manager upon prior written notice; and to permit the city and its authorized agents and representatives to access the property and examine the housing units and to interview owners, occupants, tenants and employees for the purpose of verifying compliance with the regulatory agreement.

(9)

Marketing and sale of affordable units. For housing development projects containing affordable units that will be offered for sale, the regulatory agreement shall contain uniform provisions addressing: (i) how eligible buyers of the affordable units will be solicited, identified, and selected; (ii) procedures for establishing the affordable sales prices of the affordable units; (iii) procedures for verifying the income and eligibility of prospective buyers of the affordable units; and (iv) a description of the responsibilities of an owner or buyer upon resale of an affordable unit.

(10)

Marketing and management plan for rental affordable units. For multi-family housing development projects containing affordable units that will be rented, the regulatory agreement shall contain uniform provisions regarding property management and management responsibilities and shall require the owner to prepare

and obtain the city's approval of a marketing and management plan for the project prior to the issuance of a certificate of occupancy for any portion of the project. The marketing and management plan shall address in detail, without limitation, the following matters: (i) how the owner plans to market the affordable units to prospective tenant households; (ii) procedures for the selection of tenants of affordable units, including a description of how the owner plans to certify the eligibility of tenant households; (iii) procedures for annually verifying income and recertifying the eligibility of tenants of affordable units; (iv) the standard form(s) of rental agreement(s) the owner proposes to enter into with tenants of affordable units; (v) procedures for the collection of rent; (vi) procedures for eviction of tenants; (vii) procedures for ensuring that the required number and unit size mix of affordable units is maintained and that affordable units do not become congregated to a certain area of the building or project; (viii) procedures for complying with the owner's monitoring and recordkeeping obligations; (ix) the owner's property management duties; (x) the owner's plan to manage and maintain the project and the affordable units; (xi) the rules and regulations of the property and manner of enforcement; and (xii) and a program addressing security and crime prevention at the project.

f the building or project; (viii) procedures for complying with the owner's monitoring and recordkeeping obligations; (ix) the owner's property management duties; (x) the owner's plan to manage and maintain the project and the affordable units; (xi) the rules and regulations of the property and manner of enforcement; and (xii) and a program addressing security and crime prevention at the project.

(11)

Provisions regarding Section 8 certificates. For projects containing affordable units that will be rented, the regulatory agreement shall include uniform provisions regarding the acceptance of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successor (i.e., "Section 8 certificates"), which shall include the following requirements and limitations:

a.

The owner shall accept as tenants persons who are recipients Section 8 certificates on the same basis as all other prospective tenants; provided, the owner shall not rent one of the affordable units to a tenant household holding a Section 8 certificate unless none of the housing units not restricted to occupancy by the affordability covenants are available. If the only available housing unit is an affordable unit, the owner shall no longer designate the housing unit rented to a tenant household holding a Section 8 certificate as an affordable unit, shall designate the next-available housing unit as an affordable unit, and shall make available, restrict occupancy to, and rent such newly designated affordable unit to a qualified tenant at the applicable affordable rent pursuant to the affordability covenants, such that at all times reasonably possible all of the required affordable units shall not be occupied by tenants holding Section 8 certificates.

b.

Furthermore, in the event the owner rents an affordable unit to a household holding a federal certificate, the rental agreement (or lease agreement, as applicable) between the owner, as landlord, and the tenant shall expressly provide that monthly rent charged shall be the affordable rent required for the affordable unit (not fair market rent) and that the rent collected directly from such tenant holding a federal certificate shall be not more than the specified percentage of the tenant's actual gross income pursuant to the applicable federal certificate program regulations; i.e., the rent charged to such tenant under the rental agreement shall be the affordable rent chargeable under the affordability covenant and not fair market rent for the area, as would otherwise be permitted under the applicable federal certificate program.

c.

The owner shall not apply selection criteria to Section 8 certificate holders which are more burdensome than criteria applied to any other prospective tenants.

d.

If and to the extent these restrictions conflict with the provisions of Section 8 of the United States Housing Act of 1937 or any rules or regulations promulgated thereunder, the provisions of Section 8 of the United States Housing Act of 1937 and all implementing rules and regulations thereto shall control.

(12)

Annual monitoring fee. Each regulatory agreement shall contain a provision requiring the owner to reimburse city for the estimated reasonable costs incurred by the city in administering and monitoring the owner's compliance with the regulatory agreement, including, but not limited to, city's review of annual compliance reports and conduct of inspections and/or audits.

(e)

Recordation. Each regulatory agreement entered into pursuant to this section shall be recorded as a covenant against the property prior to final or parcel map approval, or, where the development project does not include a subdivision map, prior to issuance of a building permit for any structure in the development project. Except as otherwise authorized by the city manager, the regulatory agreement shall remain a senior, non-subordinate covenant and as an encumbrance running with the land for the full term thereof, and in no event shall the regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants.

(f)

Delegation of authority. The city manager is authorized to approve and execute each regulatory agreement and any amendments thereto on behalf of the city. The city shall maintain authority of each regulatory agreement and the authority to implement each regulatory agreement through the city manager. The city manager shall have the authority to make approvals, issue interpretations, waive provisions, make and execute further agreements and/or enter into amendments of each regulatory agreement on behalf of city.

(g)

Fees. The city may charge a fee or fees to recover the city's reasonable costs to implement the provisions of this section. Any such fees shall be adopted by resolution of the city council.

(h)

Reimbursement of professional fees and costs. To the extent not factored into the fee or fees established pursuant to subsection (g), in addition to such fees, the development proponent and/or owner shall reimburse the city for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the city to provide consultation, advice, analysis, and/or review or preparation of documents in connection with: (i) preparation of the regulatory agreement and ancillary documents; (ii) establishing the affordable sales price and verifying the incomes and eligibility of

prospective buyers of for-sale affordable units; (iii) review of the initial marketing and management plan and any amendments thereto; (iv) review of annual compliance reports submitted by an owner pursuant to a regulatory agreement; and (v) inspections and audits.

(i)

Preparation of regulatory agreement; reimbursement agreement. Unless otherwise approved by the city manager, each regulatory agreement shall be prepared by the city at the cost of the applicant and/or owner. Prior to the city commencing preparation of a regulatory agreement, the applicant and/or owner shall execute a reimbursement agreement with the city in a form approved by the city manager and provide a deposit to the city in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the city for preparation of the regulatory agreement, as determined by the director in his or her reasonable discretion. The city manager or his or her designee is authorized to execute said reimbursement agreement on behalf of the city.

(Ord. No. 03(2024), § 9, 7-16-24)

Sec. 22.18.040. - Review of housing development projects.

(a)

Purpose. The purpose of this section is to implement specified provisions of state law pertaining to review by the city of applications for permits and/or land use entitlements for housing development projects. In the event of any conflict between the provisions of this section and any provision of state law, the provision of state law shall govern.

(b)

Definitions. As used in this section, the following terms shall have the following meanings:

(1)

"Housing Accountability Act" means and refers to the provisions of Government Code Section 65589.5.

(2)

"Housing development project" shall have the same meaning as defined in the Housing Accountability Act and includes: (a) developments consisting of two or more residential units, (b) mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, and (c) transitional housing or supportive housing.

(3)

"Housing element parcel" means and refers to any parcel of land identified in the city's general plan housing element site inventory described in subdivision (a)(3) of Government Code Section 65583, or in a housing element program to make sites available pursuant to subdivision (c)(1) of Government Code Section 65583, for residential development to meet the city's share of regional housing need allocated pursuant to Government Code Section 65584.

(4)

"Housing for very low, low, or moderate income households" shall have the same meaning as defined in the Housing Accountability Act.

(5)

"Specific, adverse impact" shall have the same meaning as defined in the Housing Accountability Act. Generally, a "specific adverse impact" 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 for a housing development project is deemed complete.

(c)

Compliance with state law.

(1)

Generally. Notwithstanding any provisions of this Development Code, all proposed housing development projects shall be reviewed in accordance with requirements and limitations imposed by state law, including, but not limited to, Government Code Sections 65589.5, 65915—65918, 65583, 65584, 65863, 65905.5, 65912.100—65912.105, 65852.24, 65852.28, 65913—65913.16, 65914.7, 65940—65945.3, 65650—65656, 65660—65688, 66300—66301, and 66499.41. Except to the extent otherwise provided by state law, such review shall ensure that proposed housing development projects comply with state law and all applicable, objective standards, provisions, conditions and requirements of the general plan, any applicable specific plan, this Development Code, and other applicable ordinances and policies of the city.

(2)

Findings required for disapproval of housing development projects. As provided in the Housing Accountability Act, when a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, the final review authority shall not disapprove the project or impose a condition that the project be developed at a lower density unless the review authority makes written findings, based on a preponderance of the evidence on the record, that: (a) the project would have a specific, adverse impact on public health and safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density, and (b) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.

(3)

Additional findings required for disapproval of housing development projects for very low, low, or moderate income households. As provided in the Housing Accountability Act, the final review authority shall not disapprove a housing development project for very low, low, or moderate income households or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low, or moderate income households, including through the use of design review standards,

unless it makes written findings, based upon a preponderance of the evidence in the record, as required by subdivision (d) of the Housing Accountability Act.

(d)

Consistency review of housing development projects. The director is authorized to review and determine whether an application for a housing development project is consistent and complies with applicable, objective general plan, zoning, and subdivision standards and criteria within the time period(s) prescribed by law, including, but not limited to, those set forth in subdivision (j) of the Housing Accountability Act.

(e)

Housing development projects subject to discretionary review. The provisions of this subsection shall apply to the consideration of applications for development review, conditional use permits, or other quasi-judicial approvals required for the construction or operation of a housing development project that is not subject to ministerial review by the director. In the event of a conflict between the provisions of this subsection and any other provision of this Development Code, the provisions of this subsection shall apply.

(1)

Hearings. Government Code Section 95905.5 limits the number of hearings the city may conduct in connection with consideration of an application for a housing development project. Therefore, for so long as Government Code Section 95905.5 so provides and remains in effect, no more than five hearings or continued hearings shall be conducted in connection with consideration of an application for a housing development project, unless otherwise agreed to by the applicant or the applicant's designated representative. A meeting at which a hearing is continued to another date without public testimony or substantial discussion of the project occurring shall not count as one of the five allowed hearings. The final review authority shall consider and either approve, conditionally approve, or disapprove the application at one of the five hearings allowed pursuant to Government Code section 95905.5; provided, however, that, unless otherwise provided by law, the application shall not automatically be deemed approved if the final review authority does not act on the application at one of the five allowed hearings.

(2)

Required findings. Except as otherwise permitted or required by state law, the final review authority shall approve or conditionally approve an application for development review, a conditional use permit, or other quasi-judicial approval for a housing development project unless it makes written findings for disapproval in accordance with the Housing Accountability Act. If applicable, the final review authority shall also make no net loss findings pursuant to section 22.18.050. The findings set forth in sections 22.48.040 and 22.58.040 are not required to be made as a prerequisite to approval or conditional approval of a site development permit or conditional use permit for a housing development project.

(3)

Conditions of approval. The final review authority may impose reasonable conditions of approval that are necessary to ensure that a proposed housing development project complies with all local, state and federal laws, and that impacts resulting from the development are adequately mitigated, subject to the limitations set forth in the Housing Accountability Act.

(4)

Environmental review. Except as otherwise provided by law, a discretionary permit or approval for a housing development project shall not be approved until all applicable provisions of the California Environmental Quality Act have been complied with.

(f)

Ministerial review. The provisions of this subsection shall apply in the event that state law or any provision of this Code requires a housing development project to be reviewed ministerially and/or designates a housing development project a "use by right" as defined in Government Code Section 65583.2. Housing development projects subject to ministerial review include, without limitation: (a) multi-family housing development projects located on housing element parcels, in which at least 20 percent of the housing units are affordable to lower-income households, and (b) housing development projects that satisfy the criteria set forth in Government Code Sections 65650 et seq., 65660 et seq., 65852.21 and/or 66411.7, 65852.28 and/or 66499.41, 65912.110 et seq., 65912.120 et seq., 65913.4, or 65913.16 or in Health and Safety Code Section 17021.8.

(1)

The director is authorized to ministerially review and approve or disapprove the application(s) for the proposed housing development project in accordance with applicable law. The director's decision shall be transmitted to the applicant in writing within the time period mandated by law. Decisions of the director may be appealed to the commission, who's decision shall be final.

(2)

If the ministerial approval of a housing development project will result in fewer residential units by income category than projected for a housing element parcel in the general plan housing element, the "no net loss" provisions of Government Code Section 65863 and section 22.18.050 apply and the director must also make the required findings.

(3)

Except to the extent otherwise provided by state law, the director shall not ministerially approve a proposed housing development project unless it complies with all applicable, objective standards, provisions, conditions and requirements of the general plan, this Development Code, and other applicable ordinances and policies of the city.

(4)

Except as otherwise provided by state law, a ministerial approval pursuant to this subsection shall remain valid for two years from the date of the final action establishing that approval and shall continue remain valid thereafter provided demolition and grading activity on the development site has begun pursuant to a permit issued by the city and is in progress.

(g)

Standard conditions. The director is authorized to promulgate, modify, and enforce standard conditions and requirements that apply to approved housing development projects, which implement applicable state, city, and other local agency standards, provisions, and conditions, provided such standard conditions and requirements are consistent with the provisions of the Diamond Bar City Code and state law.

(Ord. No. 03(2024), § 9, 7-16-24)