Elk Grove Municipal Code Art. IV Mixed-Income Housing Developments Along Commercial Corridors

A. The purpose of this article is to implement the provisions of Sections 65912.120 through 65912.124 of the California Government Code.

B. The provisions of this article shall only apply to a qualifying housing development. As used herein, the term “qualifying housing development” means a multifamily (multiple residential unit) development that meets the requirements of this Article IV and Sections 65912.120 through 65912.124 of the California Government Code. Qualifying housing developments shall meet or exceed the minimum density requirements outlined herein and meet all of the following:

1. If the project is a rental housing development it shall include either of the following:

a. Eight (8%) percent of the base units for very low-income households and five (5%) percent of the units for extremely low-income households.

b. Fifteen (15%) percent of the base units for lower income households.

2. If the project is an owner-occupied housing development it shall include either of the following:

a. Thirty (30%) percent of the base units shall be offered at an affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, to moderate-income households.

b. Fifteen (15%) percent of the base units shall be offered at an affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, to lower income households.

3. The affordability requirements of this section shall be maintained as follows:

a. Rental units shall continue to be affordable for a period of not less than fifty-five (55) years. Rents shall be set at an affordable rent, as defined in Section 50053 of the California Health and Safety Code.

b. Owner-occupied units shall continue to be affordable for a period of not less than forty-five (45) years.

4. The project complies with all of the labor standards provided in Sections 65912.130 and, as applicable, 65912.131 of the California Government Code, as may be amended from time to time.

5. The project complies with all notifications and relocation assistance required by Section 65912.123(i) of the California Government Code.

6. Affordable units in the qualifying housing development project shall have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

A. Qualifying housing developments shall be allowed by right. No conditional or minor conditional use permit or other discretionary review shall be required.

B. A qualifying housing development shall be subject to ministerial review of a minor design review by the Zoning Administrator, subject to the objective design and development regulations applicable by this article.

C. A development proposed pursuant to this article shall be eligible for a density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to EGMC Chapter 23.50 and Section 65915 of the California Government Code, as may be amended from time to time. An applicant may use incentives, concessions, and waivers or reductions of development standards allotted pursuant to Sections 65915(d) and (e) of the California Government Code to deviate from the objective standards contained in Sections 65912.123(c), (d)(2) and (d)(3) of the California Government Code.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

A qualifying development project shall only be subject to the streamlined review process provided by this article if the subject site complies with all of the following criteria:

A. The site is located in any zoning district where office, retail, or parking is a principally permitted use.

B. The site is a legal lot.

C. The project site abuts a commercial corridor (as defined in Section 65912.101 of the California Government Code) and has a frontage along the commercial corridor of at least fifty (50' 0") feet.

D. The site is not greater than twenty (20) acres, unless the site is a regional mall, in which case the site is not greater than one hundred (100) acres.

E. At least seventy-five (75%) percent of the perimeter of the site adjoins lots that are developed with urban uses. As used in this Article IV, “urban uses” means current or former residential, commercial, public institutional, transit or transportation facility, or retail use, or any combination thereof. Parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered to be adjoined.

F. The site is not, nor is it adjoined to any site, where more than one-third (1/3) of the square footage of the site is dedicated to industrial use as defined in Section 65912.121(f)(3) of the California Government Code. Parcels that are only separated by a street or highway (as that term is defined in Section 360 of the California Vehicle Code) shall be considered to be adjoined.

G. The site is not limited by any of the conditions prohibited under EGMC Section 23.30.110(C)(1).

H. The site is not located on a site where any of the following apply:

1. The development would require the demolition of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control by the City.

c. Housing that has been occupied by tenants within the past ten (10) years, excluding any manager’s units.

2. The site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within ten (10) years before submittal of the subject project.

3. The project would require the demolition of a historic structure that was placed on a national, State, or local historic register.

4. The property contains one (1) to four (4) dwelling units.

5. The property is vacant and zoned for housing but not for multifamily (multiple residential unit) residential use.

6. The existing parcel of land or site is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the California Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the California Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the California Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the California Health and Safety Code).

I. For a site within a neighborhood plan area (as defined in California Government Code Section 65912.101(p)), the neighborhood plan applicable to the site permitted multifamily housing (multiple residential unit development) on the site.

J. For a vacant site, the site satisfies both of the following:

1. It does not contain tribal cultural resources, as defined by Section 21074 of the California Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the California Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the California Public Resources Code.

2. It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the California Public Resources Code or as designated pursuant to Sections 51179(a) and (b) of the California Government Code.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

A qualifying development project shall comply with all of the following objective development requirements as determined by the Zoning Administrator through ministerial approval of a minor design review.

A. The development is a multifamily (multiple residential unit) development.

B. The residential density for the development, prior to the award of any eligible density bonus pursuant to Section 65915 of the California Government Code, shall be determined as follows:

1. The allowable residential density for the development shall be the greater of the following:

a. The maximum allowable residential density, as defined in Section 65915(o)(6) of the California Government Code, allowed on the site as provided by the subject site zoning.

b. For sites of less than one (1) acre in size, thirty (30) units per acre.

c. For sites greater than one (1) acre:

i. Forty (40) units per acre, if the width of the public right-of-way of the commercial corridor adjoining the primary frontage is less than one hundred (100' 0") feet wide.

ii. Sixty (60) units per acre, if the width of the public right-of-way of the commercial corridor adjoining the primary frontage is one hundred (100' 0") feet or more wide.

d. For sites within a very low vehicle travel area, as that term is defined in subdivision (h) of Section 65589.5 of the California Government Code, or within one-half (1/2) mile of a major transit stop, as that term is defined in subdivision (b) of Section 21155 of the California Public Resources Code, eighty (80) units per acre.

2. For a housing development project application that has been determined to be consistent with the objective planning standards specified in this article, pursuant to Section 65912.124(a) of the California Government Code, before January 1, 2027, the development project shall be developed at a density as follows:

a. Except as provided in subsection (B)(2)(b) of this section, fifty (50%) percent or greater of the applicable allowable residential density contained in subsection (B)(1) of this section, as applicable.

b. For a site within one-half (1/2) mile of an existing passenger rail or bus rapid transit station, seventy-five (75%) percent or greater of the applicable allowable residential density contained in subsection (B)(1) of this section, as applicable.

3. For a housing development project application that has been determined to be consistent with the objective planning standards specified in this article, pursuant to Section 65912.124(a) of the California Government Code, on or after January 1, 2027, the development project shall be developed at a density that is seventy-five (75%) percent or greater of the applicable allowable residential density contained in subsection (B)(1) of this section, as applicable.

4. Notwithstanding subsection (B)(1) of this section, a development project shall not be subject to any density limitation if the development project is a conversion of existing buildings into residential use, unless the development project includes additional new square footage that is more than twenty (20%) percent of the overall square footage of the project.

C. None of the housing/residential use on the site is located within five hundred (500' 0") feet of a freeway, as defined in Section 332 of the California Vehicle Code.

D. None of the housing/residential use on the site is located within three thousand two hundred (3,200' 0") feet of a facility that actively extracts or refines oil or natural gas.

E. The height limit applicable to the development project shall be the greater of the following:

1. The height allowed on the site as provided by the subject site zoning.

2. For sites where the primary frontage abuts a public right-of-way of less than one hundred (100' 0") feet, thirty-five (35' 0") feet.

3. For sites where the primary frontage abuts a public right-of-way of at least one hundred (100' 0") feet, forty-five (45' 0") feet.

4. Notwithstanding the above, if the site is within one-half (1/2) mile of a major transit stop, as that term is defined in Section 21155(b) of the California Public Resources Code, sixty-five (65' 0") feet.

F. The required setbacks applicable to the development project shall be as follows:

1. For the portion of the property that fronts a commercial corridor, the following shall occur:

a. No setbacks shall be required.

b. All parking must be set back at least twenty five (25' 0") feet.

c. On the ground floor, a building or buildings must abut within ten (10' 0") feet of the street for at least eighty (80%) percent of the frontage.

2. For the portion of the property that abuts an adjoining property that also abuts the same commercial corridor as the property, no setbacks are required unless the adjoining property contains a residential use that was constructed prior to the enactment of this article, in which case the requirements of subsection (F)(3)(a) of this section apply.

3. For the portion of the property line that does not abut or lie within a commercial corridor, or an adjoining property that also abuts the same commercial corridor as the property, the following shall occur:

a. Along property lines that abut a property that contains a residential use, the following shall occur:

i. The ground floor of the development project shall be set back at ten (10' 0") feet.

ii. Starting with the second (2nd) floor of the property, each subsequent floor of the development project shall be stepped back in an amount equal to seven (7' 0") feet multiplied by the floor number. For purposes of this subsection, the ground floor counts as the first (1st) floor.

b. Along property lines that abut a property that does not contain a residential use, the development shall be set back fifteen (15' 0") feet.

4. For a development project at a regional mall, all of the following requirements apply:

a. The average size of a block shall not exceed three (3) acres. For purposes of this subsection, a “block” means an area fully surrounded by streets, pedestrian paths, or a combination of streets and pedestrian paths that are each at least forty (40' 0") feet in width.

b. At least five (5%) percent of the site shall be dedicated to open space.

c. For the portion of the property that fronts a street that is newly created by the project and is not a commercial corridor, a building shall abut within ten (10' 0") feet of the street for at least sixty (60%) percent of the frontage.

G. Parking.

1. No off-street vehicle parking shall be required, except for accessible parking and electric vehicle supply equipment installed parking spaces required pursuant to the building code and this title.

2. Bicycle parking shall be provided pursuant to the requirements of EGMC Section 23.58.100 (Bicycle parking required), based upon the number of off-street parking spaces that would have been required had the development project not qualified for the streamlining provided by this article.

H. For any housing on the site located within five hundred (500' 0") feet of a freeway, all of the following shall apply:

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

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

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

4. The air filtration media shall be replaced at the manufacturer’s designated interval.

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

I. Other Objective Development Standards Applicable.

1. Except as otherwise required in this article, the development shall meet all other applicable objective zoning standards, objective subdivision standards, and objective design review standards, including but not limited to setbacks, height, landscaping, parking, building articulation and fenestration, and other applicable objective development standards as provided by this code and any applicable design guidelines. The objective standards shall not preclude a project from being built at the residential density required pursuant to subsection (B) of this section and shall not require the development to reduce unit size to meet the objective standards.

2. The applicable objective standards for the development project shall be those for the closest zone in the City that allows multifamily residential use at the residential density proposed by the project. If no zone exists that allows the residential density proposed by the project, the applicable objective standards shall be those for the zone that allows the greatest density within the City.

3. Notwithstanding EGMC Section 23.04.060 (Effect of zoning code changes on pending applications), the applicable objective standards shall be those in effect at the time that the development application is submitted to the City pursuant to this article.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

A. If the City determines that a proposed development project submitted pursuant to this article is consistent with requirements of EGMC Sections 23.17.320 and 23.17.330, it shall approve the project.

B. If the City determines a proposed development project submitted pursuant to this article is in conflict with any of the requirements of EGMC Section 23.17.330, it shall provide the applicant with written documentation of which standard(s) the project conflicts with, along with an explanation for the reason(s) the project conflicts with the standard(s), within the following timeframes, or as otherwise provided under Section 65589.5 of the California Government Code:

1. Within sixty (60) days of the initial submittal of the project to the City for projects containing one hundred fifty (150) or fewer units.

2. Within ninety (90) days of the initial submittal of the project to the City for projects containing more than one hundred fifty (150) units.

3. Within thirty (30) days of the submittal of any project resubmittal that was submitted to address written feedback provided by the City pursuant to subsection (B)(1) or (B)(2) of this section.

C. Once the City determines that a project submitted pursuant to this article is consistent with the objective planning standards specified in this article, the minor design review required for the project pursuant to EGMC Section 23.17.310, along with any density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to EGMC Chapter 23.50 and Section 65915 of the California Government Code, shall be completed within the following timeframes:

1. Within sixty (60) days of the date that the development is determined to be consistent with the objective planning standards specified in this article for development projects that contain one hundred fifty (150) or fewer units.

2. Within ninety (90) days of the date that the development is determined to be consistent with the objective planning standards specified in this article for development projects that contain more than one hundred fifty (150) units.

D. Prior to the issuance of the first building permit for the qualifying housing development, the developer shall record a regulatory agreement, in a form to the satisfaction of the City, providing for the continued affordability of the units as provided in this article.

E. The City will, as a condition of approval of the development, require the development proponent to complete a phase I environmental assessment, as defined in Section 78090 of the California Health and Safety Code. If a recognized environmental condition is found, the applicant shall undertake a preliminary endangerment assessment, as defined in Section 78095 of the California Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.

1. If a release of a hazardous substance is found to exist on the site, before the City issues a certificate of occupancy, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current State and Federal requirements.

2. If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, before the City issues a certificate of occupancy, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current State and Federal requirements.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)