Menifee Zoning Code Ch. 9.295 Special Housing Types (CA)

Contents:

9.295.010 Purpose

9.295.020 Accessory Dwelling Units and Junior Accessory Dwelling Units

9.295.025 Emergency Shelter

9.295.030 Guest Living Quarters

9.295.035 Low Barrier Navigation Center

9.295.037 Multifamily Housing in Commercial Zones - AB 2011 & SB 6

9.295.040 Single-Room Occupancy Units

9.295.010 Purpose¶

The purpose of this chapter is to establish development and/or operational standards for special housing types allowed in the City of Menifee. The purpose and intent of the allowance for such special housing types is also established.

Exceptions & meaning →

9.295.020 Accessory Dwelling Unit and Junior Accessory Dwelling Units¶

Purpose. The purpose of this section is to establish development standards for accessory dwelling units and to ensure the accessory dwelling unit is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Government Code Section 65852.2.
Applicability. The standards contained in this section shall apply to all accessory dwelling units and junior accessory dwelling units.
Permit Requirements.
Building Permit Required. Accessory dwelling units and junior accessory dwelling units shall be approved ministerially through building plan check review and the issuance of a building permit and any other non-discretionary permit (e.g., grading permit) that may be required as applicable. Building plan check is not required for use of “City approved Permit Ready Accessory Dwelling Unit Plans”; however, preparation and submission of a site plan for review is required to determine compliance with Planning, Building, Engineering and Fire Code requirements as applicable to the property in which the accessory dwelling unit is proposed. If applicable, a grading plan may also be required as determined by the Public Works Director.
An application for a permit pursuant to this section shall, notwithstanding Sections 65901 or 65906 of the Government Code or City code requirements for the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The City shall either approve or deny the application to create or serve an accessory dwelling unit or junior accessory dwelling unit within 60 days from the date of receiving a completed application if there is an existing single-family dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the City may delay approving or denying the permit application for the accessory dwelling unit or junior accessory dwelling unit until the City approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
If the City denies an application for an accessory dwelling unit or junior accessory dwelling unit within 60 days of the date of receiving a completed application, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
An application for a permit to create an accessory dwelling unit or junior accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit.
Demolition Permit. The review and issuance of a demolition permit for a detached garage that is replaced by an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.
Development Impact Fees. Development impact fees shall not be required for an accessory dwelling unit less than 750 square feet in size. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionally in relation to the square footage of the primary dwelling unit.
Residential Subdivisions with Multiple Accessory Dwelling Units. Multiple accessory dwelling units proposed in conjunction with single-family dwellings on multiple lots as part of a residential subdivision shall be subject to the Minor Plot Plan Review provisions of Chapter 9.80.
Density and Consistency.
Accessory dwelling units are not considered for the purposes of evaluating the density requirements established in the General Plan.
Accessory dwelling units are a residential use that is consistent with the existing General Plan designation and zoning for the lot.
Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.
Development and Operational Standards.
Accessory Dwelling Units within an Existing Permitted Structure. Accessory dwelling units located within an existing permitted structure shall comply with all the following standards:
The lot is zoned to allow single-family or multifamily dwelling residential use and contains no more than one existing or proposed dwelling.
No other accessory dwelling unit exists or is proposed on the same parcel, except a junior accessory dwelling unit.
The accessory dwelling unit may be rented. An accessory dwelling unit may also be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation.
There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.
A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence.
Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:
Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.
Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
Procedures for dispute resolution among the parties before resorting to legal action.
A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
Notwithstanding Government Code Section 65852.2(f)(2)(A), if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility.
For purposes of this section, the following definitions apply:
“Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
“Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
The accessory dwelling unit shall not be rented for less than a 30-day period.
The accessory dwelling unit complies with all Building and Safety Code requirements.
The side and rear yard setbacks are sufficient for meeting fire safety requirements.
Exterior access to the accessory dwelling unit, independent from the primary dwelling unit, is provided.
If a garage, carport or covered parking structure providing required parking for the primary dwelling is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement spaces for the primary dwelling shall not be required.
The accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling. Installation of fire sprinklers in the primary dwelling shall not be required due to the construction of an accessory dwelling unit.
If a private sewage disposal system is used, the applicant has obtained approval from all appropriate agencies.
Installation of a new or separate utility connection or the collection of a related connection fee or capacity charge is not required.
Accessory Dwelling Units (Attached and Detached). Accessory dwelling units not located within an existing permitted structure (i.e., new attached and detached structures) shall comply with all the following standards:
The lot is zoned to allow single-family or multifamily dwelling residential use and contains no more than one existing or proposed dwelling.
No other accessory dwelling unit exists or is proposed on the same parcel, except a Junior Accessory Dwelling Unit.
The accessory dwelling unit may be rented. An accessory dwelling unit may also be sold or conveyed separately from the primary residence to a qualified buyer if it meets all of the provisions of Section 9.295.020.E.1.
The accessory dwelling unit shall not be rented for less than a 30-day period.
The accessory dwelling unit complies with all Building and Safety Code requirements.
The maximum total floor area for an attached or detached accessory dwelling unit is 1,500 square feet.
Accessory dwelling units shall comply with the development standards of the zone in which the property is located, except:
Setbacks.
1. Front Setback. The front setback shall be the same as the underlying zoning of the property in which the accessory dwelling unit is proposed, except that application of the front yard setback standard shall not preclude the construction of an accessory dwelling unit, of at least 800 square feet in size with four-foot side and rear yards. The front setback standard may be reduced to the extent necessary to accommodate the accessory dwelling unit.
1. Side and Rear Setback. A setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. The above setback requirements shall not apply where an existing permitted accessory structure or structure is converted to an accessory dwelling unit or where the accessory dwelling unit replaces an existing structure provided that the accessory dwelling unit is constructed in the same location and to the same dimensions as the existing structure and that the structure meets fire safety requirements.
The above setback requirements shall not apply where an existing permitted accessory structure or structure is converted to an accessory dwelling unit or where the accessory dwelling unit replaces an existing structure provided that the accessory dwelling unit is constructed in the same location and to the same dimensions as the existing structure and that the structure meets fire safety requirements.
Height.
1. A maximum height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single Family or multifamily dwelling unit.
1. A maximum height of 20 feet for a detached accessory dwelling unit on a lot with an existing or proposed single Family or multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 211155 of the Public Resources Code.
A maximum height of 25 feet or the height limitation of the zone applicable to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to the primary dwelling.
Accessory dwelling units shall be located to the rear or side of the primary dwelling, but shall not preclude the construction of an accessory dwelling unit, of at least 800 square feet in size with four-foot side and rear yards.
Parking shall be provided as follows:
One off-street parking space shall be required for the accessory dwelling unit. The space may be uncovered and shall be permitted in setback areas or as tandem parking, unless the location is not feasible based upon specific site or regional topographical or fire and life safety conditions.
Parking for the accessory dwelling unit shall not be required if any of the following conditions are met:
The accessory dwelling unit is located within one-half mile walking distance of public transit.
The accessory dwelling unit is located within an architecturally and historically significant historic district.
The accessory dwelling unit is part of the proposed or existing permitted primary residence or an accessory structure.
When on-street parking permits are required but not offered to the occupant(s) of the accessory dwelling unit.
When there is a Car-share Vehicle located within one block of the accessory dwelling unit.
When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit satisfies all other criteria required in this chapter.
If a garage, carport, or covered parking structure providing required parking for the primary dwelling is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement spaces are not required.
Accessory dwelling units shall be compatible with the architectural style of the primary dwelling. Metal and aluminum sided and roofed materials shall only be used as decorative accent finishes and not be used as the primary structural material of the building. To determine architectural compatibility, the accessory dwelling unit structure must possess at least three of the following traits in common with the primary dwelling on-site:
Wall covering materials.
Roofing material.
Roofing pitch.
Structural eaves.
Mass and scale of structure relative to structural height.
Window characteristics.
Decorative treatments.
Outside stairways serving an accessory dwelling unit located on a second story shall not be constructed on any building elevation facing a public street, not including alleys.
Any accessory dwelling unit located more than 150 feet from a public right-of-way shall provide access for emergency vehicles as required by the Fire Marsha
Prior to issuance of a building permit, the applicant shall grant to the City an irrevocable offer of dedication for any additional right-of-way required to be consistent with the General Plan Circulation Element, or provide for access to the project site, or ensure that previous dedications were properly provided with underlying subdivisions and lot splits (prior to Subdivision Map Act requirements).
Prior to issuance of a building permit, public improvements may be required where public health, safety or welfare conditions warrant additional improvements.
Prior to issuance of a building permit, the applicant shall submit to the City Building and Safety Department written certification from the affected water and sewer district(s) that adequate water and sewer facilities are or will be available to serve the proposed accessory dwelling unit. For accessory dwelling units using onsite septic facilities, the City requires a percolation test completed within the last five years, or if the percolation test has been recertified, in the last 10 years. Written certification of acceptability, including all supportive information, shall be submitted to the City Building and Safety Department with any application for a building permit for an accessory dwelling unit.
Accessory dwelling units shall not be permitted in those areas of the city which have significant problems with regard to water availability or quality, sewage disposal or other public health or safety concerns. Prohibited areas shall include, but not be limited to, those areas where a development moratorium has been imposed, including a moratorium for water or sewer, whether imposed by the City or another public agency with the authority to impose such a development moratorium.
A new or separate utility connection directly between the accessory dwelling unit and the utility may be required, unless exempt pursuant to Government Code section 65852.2(f)(4). The connection may be subject to a connection fee or a capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either the size of the accessory dwelling unit or the number of its plumbing fixtures.
The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing single-family or multifamily dwelling.
Multifamily Accessory Dwelling Units and Accessory Dwelling Units combined with a Junior Accessory Dwelling Unit. Notwithstanding the above, any of the following within a residential or mixed-use zone is allowed subject to ministerial approval of building permit:
One accessory dwelling unit and one Junior Accessory Dwelling Unit per lot with a proposed or existing single-family dwelling if all of the following apply:
The accessory dwelling unit or Junior Accessory Dwelling Unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
The space has exterior access from the proposed or existing single-family dwelling.
The side and rear setbacks are sufficient for fire and safety.
The Junior Accessory Dwelling Unit complies with the requirements of Section 9.295.020.E.4.
One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a Junior Accessory Dwelling Unit described above, subject to the following conditions on the accessory dwelling unit:
A total floor area limitation of not more than 800 square feet.
A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
Multiple Accessory Dwelling units within portions of existing multifamily structures.
Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
At least one accessory dwelling unit within an existing multifamily dwelling, but no more than 25 percent of the existing multifamily dwelling units.
Multifamily with detached accessory dwelling units.
ADUs on multifamily dwellings are subject to the applicable height limitation of this chapter, and rear yard and side setbacks of no more than four feet.
No more than eight new detached accessory dwelling units shall be permitted on a lot that has an existing multi-family dwelling. The number of ADUs shall not exceed the number of existing units on the lot.
No more than two new detached accessory dwelling units on a lot with a proposed multifamily dwelling.
If the existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this chapter.
Development and Operational Standards for Junior Accessory Dwelling Units (JADU).
No more than one JADU is permitted per residential lot zoned for single-family residences, with a single-family residence built, or proposed to be built on the lot.
JADUs must be constructed entirely within the walled interior area of an existing or proposed primary dwelling. Enclosed uses within the residence, such as an attached garage, are considered part of the proposed or existing single-family residence.
The JADU shall not be rented for less than a 30-day period.
The JADU complies with all Building and Safety Code requirements.
The JADU shall have its own separate entrance from the main entrance of the proposed or existing single-family residence.
The JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. If a permitted JADU does not include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
The JADU shall not exceed 500 square feet.
The JADU must include an efficiency kitchen, which shall include the following:
A cooking facility with appliances; and
A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
No additional parking shall be required for a JADU.
The owner of single-family property on which the JADU is proposed, must execute a covenant and agreement in a form acceptable to the City, stating that either the remaining portion of the primary dwelling or the newly created JADU will be occupied by the property owner. Owner occupancy is not required if the owner is another governmental agency, land trust, or housing organization.
The owner must record a deed restriction, which shall run with the land, which shall include the following:
A prohibition on the sale of the JADU separately from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
A restriction on the size and attributes of the JADU as outlined in these provisions.
For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit.
For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

Certificate of Occupancy. No certificate of occupancy for an accessory dwelling unit shall be issued before the issuance of a certificate of occupancy for the primary dwelling.

(2024-384, 02/07/2024; 2025-417, 07/16/2025)

Effective on: 8/16/2025

Exceptions & meaning →

9.295.025 Emergency Shelter¶

Purpose and Intent. The purpose of this section is to permit Emergency Shelters and to ensure that they do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the General Plan.
Applicability. Emergency shelters shall be permitted in the HI and HDR zones without a conditional use permit or other discretionary action. For the purposes of this Section, “Emergency Shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
Development Standards. Emergency Shelters shall comply with the standards of the underlying zoning of the property in which the Emergency Shelter is proposed, the City’s Multifamily Objective Design Standards as applicable, and all local, state, and federal requirements. In addition, Emergency Shelters shall comply with the following:
The maximum number of clients permitted to be served (eating, showering, and/or sleeping) nightly shall not exceed one per one hundred twenty-five (125) square feet of floor area;
Sufficient parking shall be provided to accommodate all staff working in the emergency shelter, provided that the required parking for the emergency shelter is no more than other residential or commercial uses within the same zone.
The interior onsite waiting and client intake area for a facility shall include a minimum of ten (10) square feet per bed;
An exterior onsite waiting and client intake area shall be located a minimum of 50 feet from any public right-of-way, and a minimum of 50 feet from an adjacent property, and shall be screened from public view by a minimum 6-foot-high screen wall and landscaping;
No portion of any Emergency Shelter shall be located within three hundred (300) feet of another Emergency Shelter;
Lighting shall be provided in all parking, exterior (outside) intake and/or waiting areas, outside common areas and along the periphery of the building and facility. Such lighting shall be in conformance with Chapter 9.205 Lighting Standards of this Code.
Provide on-site facilities management personnel during all hours that the emergency shelter is in operation.
Provide security during all hours that the emergency shelter is in operation.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

Exceptions & meaning →

9.295.030 Guest Living Quarters¶

Purpose. The purpose of this section is to establish development standards for guest living quarters and to ensure that the guest living quarters are operated in such a manner as to protect the residential character of the neighborhood and to function as an ancillary use to the primary dwelling on-site.
Applicability. The standards contained in this section shall apply to all guest living quarters.
Development Standards.
A guest living quarter shall only be permitted where a primary single-family detached dwelling has been established.
Only one guest living quarter per parcel shall be permitted.
The guest living quarter shall not be larger than the primary dwelling.
The guest living quarter shall not contain a kitchen.
Height.
For parcels 2 acres or less in size, the maximum height of a guest living quarter shall be 20 feet.
For parcels greater than 2 acres in size, the maximum height of a guest living quarter shall be 35 feet.
Setbacks.
For parcels 2 acres or less in size, the minimum setback from the side property line is 5 feet and the minimum setback from the rear property line is 20 feet unless the applicable zone requires a greater setback for the primary structure.
For parcels greater than 2 acres in size, the minimum side and rear setbacks shall be 10 feet unless the applicable zone requires a greater setback for the primary structure.
Notwithstanding the above setback requirements, a guest living quarter located in or on a permitted existing detached accessory structure (such as a garage) may be allowed with reduced interior side and rear yard setbacks if the setbacks are found to be sufficient for meeting fire safety requirements.
The guest living quarter must be compatible with the architectural style of the primary dwelling and be consistent with the character of the surrounding neighborhood. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, the guest living quarter structure must possess at least three of the following traits in common with the primary dwelling on-site:
Wall covering materials.
Roofing material.
Roofing pitch.
Structural eaves.
Mass and scale of structure relative to structural height.
Window characteristics.
Decorative treatments.
If a garage, carport or covered parking structure providing required parking for the primary dwelling is demolished or converted in conjunction with the construction of a guest living quarter, replacement spaces for the primary dwelling unit shall be provided in accordance with parking requirements in effect at the time of application.

Effective on: 3/8/2024

Exceptions & meaning →

9.295.035 Low Barrier Navigation Center¶

Purpose. The purpose of this section is to establish requirements for review of Low Barrier Navigation Centers in compliance with California Government Code Sections 65660 through 65668. The California Legislature finds and declares that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Article 12 – Low Barrier Navigation Centers of the California Government Code shall apply to all cities, including charter cities.
Applicability. The provisions contained in this section shall apply to all Low Barrier Navigation Centers. A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, provided that it meets the following requirements:
It offers services to connect people to permanent housing through a services plan that identifies services staffing.
It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.
It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
Low Barrier Navigation Centers shall also comply with the standards established for Emergency Shelters in Section 9.295.027 of this Code.
Requirements for By Right Review. Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the City will notify a developer whether the developer’s application is complete. If the application is determined to be incomplete, the City will provide the applicant with an exhaustive list of items that were not complete (Government Code Section 65943).
Definitions. For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning, or otherwise defined in Government Code Sections 65660 et seq.
“Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
“Low barrier” see definition of “Supportive Housing – Low Barrier Navigation Center” in Chapter 9.300 Universal Definitions.
“Low barrier navigation center” see definition of “Supportive Housing – Low Barrier Navigation Center” in Chapter 9.300 Universal Definitions.
Repeal. This section shall remain in effect until January 1, 2027, and as of that date is repealed unless extended under state law.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

Exceptions & meaning →

9.295.037 Multifamily Housing in Commercial Zones - AB 2011 & SB 6¶

Purpose. This section is adopted pursuant to the provisions of Assembly Bill 2011, known as the “Affordable Housing and High Road Jobs Act of 2022,” and Senate Bill 6, known as the Middle Class Housing Act of 2022.” This legislation is intended to provide greater opportunity for housing and address the State’s continuing housing crisis.
Applicability. This section establishes clear eligibility criteria for the use of commercial-zoned properties for multiple-family developments.
AB 2011 Mixed-Income Housing Projects are permitted in:
Zoning districts where office, retail, or parking are a principally permitted use; and
AB 2011 100% Affordable Housing Projects are permitted in:
Zoning districts where office, retail, or parking are a principally permitted use.
SB 6 Projects are permitted in:
Zoning districts where office, retail, or parking are a principally permitted use.
Application and Processing.
AB 2011 Mixed-Income Housing Projects and AB 2011 100% Affordable Housing Projects that meet all the requirements of this section shall be by right and require submittal of an AB 2011 Multi-Family Ministerial Review application processed in accordance with the following procedures:
Application Review Shot-Clock and Written Comments. If the City determines that the proposed development is in conflict with any objective development standards, the City will provide the applicant with written documentation of the standards the development conflicts with, as well as an explanation for the reason(s) the development conflicts with the standards within:
60 days of submittal for developments of 150 or fewer housing units
90 days of submittal for developments larger than 150 units.
Reasonable Person Standard for Determination of whether Objective Planning Standards are met. A development is consistent with objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
Design Review Shot-Clock. Design review shall be broadly applicable and to developments within the City and shall not inhibit or preclude the ministerial approval provided by the review process. The review must be completed within:
90 days of submittal for developments of 150 or fewer housing units.
180 days of submittal for developments larger than 150 units.
The design review shot-clock runs concurrently with the objective standards review in Subsection a.
Applications for an AB 2011 Multi-Family Ministerial Review shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for an AB 2011 Multi-Family Ministerial Review Permit.
Certain projects processed under AB 2011 are exempt from California Environmental Quality Act (CEQA), as set forth in AB 2011.
SB 6 projects are processed as a Major Plot Plan application subject to review procedures of Chapter 9.80 Plot Plan.
If the proposed project meets all SB 6 requirements (except non-compliance with zoning prohibiting residential use), then it may invoke SB 35 and the Housing Accountability Act. Chapter 9.87 of this Code outlines the approval process for SB 35 Multifamily Ministerial Review projects.
Site and Project Criteria for AB 2011. All projects must be multiple-family housing developments located within an urbanized area or urban cluster (designated by US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:
100% affordable housing projects must:
Be on a parcel in an urban area, surrounded by urban uses, and not on a site or adjoined to any site where more than 1/3 of the square footage is dedicated to an industrial use (Government Code Section 65912.111(b)-(d)). Under AB 2011, parcels separated only by a street or highway are considered adjoined.
The site satisfies the requirements of Government Code Section 65913.4(a)(6)(B)-(K). (Government Code Section 65912.111(e)).
The units are subject to a recorded deed restriction of 55 years for rental units and 45 years for owner-occupied units.
Meet hazardous condition criteria as determined in a Phase I environmental site assessment (ESA) (Government Code Section 65912.111(c)).
Be located more than 500 feet from a freeway and more than 3,200 feet from a facility that extracts or refines oil or natural gas. (Government Code Section 65912.111(d)-(e)).
Meet objective zoning standards, specifically the City’s Multifamily Objective Design Standards (Government Code Section 65912.111(f)).
Mixed-income eligible projects must:
Be on a parcel in an urban area, surrounded by urban uses, abuts a commercial corridor with a frontage along the corridor of at least 50 feet, is on a site of 20 acres or less, and is not on a site or adjoined to a site where more than 1/3 of the square footage is dedicated to industrial uses. (Government Code Sections 65912.121(b)-(f)). Under AB 2011, parcels separated only by a street or highway are considered adjoined.
Be on a site that satisfies the requirements of Government Code Section 65913.4(a)(6)(B)-(K). (Government Code Section 65912.121(g)).
The development would not require the demolition of:
Housing subject to recorded covenant, ordinance or law that restricts rents to levels affordable to moderate, low, or very low-income Households.
Housing subject to rent price control.
Housing occupied by tenants in the last 10 years, excluding manager's units.
Any historic structure on a national, state, or local historic register.
Not be on a site that was previously used for permanent housing that was occupied by tenants, excluding any manager’s unit, that was demolished within 10 years before development proponents submits an application.
Vacant sites cannot contain tribal cultural resources or be located in a very high fire hazard severity zone (Government Code Section 65912.121(j)).
Meet the following affordability criteria by providing:
For rental projects, 8% very low-income and 5% extremely low-income affordable units; or
15% affordable for lower income Households (Government Code Section 65912.122(a)).
All affordable units must have a recorded deed restriction for 55 years.
For owner-occupied housing:
30% of units offered as affordable to moderate income Households; or
15% units offered as affordable to lower income Households (Government Code Section 65912.122(b)).
All affordable units must have a recorded deed restriction for 45 years.
Meet objective development standards (Government Code Section 65912.123).
For sites more than one acre in size and with more than 100 feet in width, provide a density of at least 60 units/acre (Government Code Section 65912.123)
Located more than 500 feet from a freeway and more than 3,200 feet from a facility that extracts or refines oil or natural gas (Government Code Sections 65912. 123(g)-(h)).
Provide notice and specified protections to existing commercial tenants located on the site (Government Code Section 65912.123(i)).
Affordable units in the project must have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes.
Eligible projects must meet specified labor standard criteria, including payment of a prevailing wage, and, for larger projects (over fifty (50) units), hire contractors that participate in apprenticeship programs (Government Code Sections 65912.130,-.131).
Projects may be eligible for a density bonus, incentives or concessions, waivers, or parking ratios pursuant to Section 9.03.050 (Residential Districts).
Site and Project Criteria for SB 6 Projects. All projects must be multiple-family housing developments or mixed-use with at least 50 percent of the square footage dedicated to residential use located within an urbanized area or urban cluster (designated by US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:
The project must meet specified density requirements—at least 30 units/acre for the parcel (Government Code Sections 65852.24(b)(1), and 65583.2(c)(3)(B)).
The project site is 20 acres in size or less (Government Code Section 658524(b)(4)).
The project meets specified objective development standards, specifically applicable standards of the Development Code, Subdivision Code, and Multifamily Objective Design Standards (Government Code Section 65852.24(b)(5)).
The project is not on a site or adjoined to any site where more than 1/3 of the square footage is dedicated to an industrial use (Government Code Section 65852.24(b)(6)(B)(i)).
The project is consistent with any applicable and approved sustainable community strategy or alternative plan (Government Code Section 65852.24(b)(7)).
The project is either: (i) a public work (as defined in Government Code Section 65852.24.(b)(8)(A)(i) for prevailing wage purposes, or (ii) all construction labor will be paid a prevailing wage (along with other labor requirements) (Government Code Section 65852.24(b)(8)(A)).
The developer must provide written notice to any exiting commercial tenants (Government Code Section 65852.24(c)(1)).
Mixed-use developments consisting of residential and nonresidential retail commercial or office uses are required to have at least 50 percent of the square footage of the new construction associated with the project designated for residential use. None of the square footage of any such development shall be designated for a hotel, motel, bed, and breakfast inn, or other transient lodging use, except for a residential hotel.
The housing development shall comply with any public notice, comment, hearing, or other procedures imposed by the City on a housing development in the applicable zoning designation.
Development standards for AB 2011 projects.
100% affordable housing projects must meet the following standards:
Project density meets or exceeds applicable density deemed appropriate to accommodate lower-income Households pursuant to housing element law.
Development must meet objective zoning, subdivision, and design review standards for the zone that allows greater residential density between the following:
Existing zoning designation for the parcel if it allows multifamily residential use; or
Zoning designation for the closest parcel that allows residential use at a density that is appropriate to accommodate lower income Households pursuant to housing element law.
Development shall be deemed consistent with objective zoning standards related to housing density if compliant with maximum density allowed within the land use designation and regardless of any specified maximum unit allocation that may result in fewer units of housing being permitted.
Mixed-income housing projects must meet the following standards:
In metropolitan jurisdictions, the residential density shall meet or exceed the greater of the following:
The existing residential density permitted;
For sites of less than one acre, 30 units/acre;
For sites of one acre or greater located on a commercial corridor of less than 100 feet in width, 40 units/acre;
For sites of one acre or greater located on a commercial corridor of 100 feet or greater width, 60 units/acre;
For sites within one-half mile of a major transit stop, 80 units/acre.
Height limit applicable shall be the greater of the following: Height currently permitted on the parcel;
For sites on a commercial corridor of less than 100 feet in width, 35 feet;
For sites on a commercial corridor of 100 feet or more, 45 feet;
For sites within one-half mile of a major transit stop in a city with a population of greater than 100,000, 65 feet.
No parking is required except for requirements related to bicycle parking, electric vehicle parking spaces or parking spaces accessible to persons with disabilities.
Projects are required to meet the following setback standards:
For the portion of a property that fronts a commercial corridor, no setbacks may be required except that all parking must be set back at least 25 feet and the ground floor of a building must abut within 10 feet of the property line for at least 80% of the frontage.
For portions of the property that front a side street, the building must abut within 10 feet of the property line for at least 60% of the frontage. For portions of the property that abuts an adjoining property that also abuts the same commercial corridor, no setbacks may be required unless the adjoining property contains any residential use that was constructed prior to the enactment of AB 2011.
Along property lines that abut a residential use, the ground floor shall be set back 10 feet. Starting with the second floor, each floor shall be stepped back in an amount equal to 7 feet multiplied by the floor number.
Along property lines that abut non-residential use, the development shall be set back 15 feet.
One-half of the ground floor area of the housing development shall be dedicated to retail us
Development standards for SB 6 projects.
Must comply with local zoning, parking, design, and other ordinances, local code requirements, and procedures applicable to the processing and permitting of a housing development in the zone that allows for housing with the requested density.
If more than one zoning designation allows for requested density, the applicable zoning standards shall be those for the zoning designation for the closest parcel that allows residential use at a density that is appropriate to accommodate lower-income Households pursuant to housing element law.
If the existing zoning designation for the parcel allows residential density that exceeds housing element law density, the existing zoning designation applies.
The project must comply with all other objective local requirements for a parcel (except those that prohibit residential use or allow residential use only at a lower density), including impact fee requirements.
Density Bonuses.
A housing development proposed pursuant to the act shall be eligible for a density bonus, incentives or concessions, waivers, or reductions of development standards, and parking ratios pursuant to section 65915. (§ 65912.114, subd. (f).) A development proposal for consideration as mixed-income housing has the same eligibility but cannot use a concession to reduce the City requirement for the provision of up to one-half of the ground floor dedicated to retail.
Protection of Residential Units.
The development shall not demolish more residential units than it will develop or result in the demolition of occupied or vacant protected units without meeting certain criteria outlined in the Act regardless of whether the development is or not typically affected by section 66300. (§§ 65912.114, subd. (g), 65912.124, subd. (g), 66300, subd. (d).)
Subdivision Applications May be Exempt from CEQA Review.
If the development is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act shall be exempt from CEQA requirements. (§§ 65912.114, subd. (h), 65912.124, subd. (h).)
Some Parcels May be Exempted from the Ministerial Review Shot-Clock.
The City may exempt parcels from the shot-clocks mandated in sections 65912.114 and 65912.124, but the parcels will still be subject to the expiration timeframes in section 65913.4, subdivision (f) relating to non-expiration of approvals for developments that include public investment in housing affordability that contain at least 50% of units affordable to Households at or below 80% of the area median income (“AMI”). (§§ 65912.114, subd. (j), 65912.124, subd. (j).)
City May Override Ministerial Review Process with Certain Written Findings
The City may exempt a parcel from the Act’s ministerial review process if before a development proponent submits an application, the City makes written findings establishing all of the following:
Identified Parcels: The City identified parcels (“Identified Parcels”) that meet the requirements of section 65912.111, subdivisions (b) through (f) or section 65912.121, subdivisions (b) and (e)-(h). (§§ 65912.114, subd. (i)(1), 65912.124, subd. (i)(1).)
Allowing Residential Use or Higher Residential Density: If Identified Parcels would not otherwise be eligible for development pursuant to the Act, the City permitted the parcels to be developed pursuant to the Act. (§§ 65912.114, subd. (i)(2)(A), 65912.124, subd. (i)(2)(A).) If Identified Parcels would otherwise be eligible for development pursuant to the Act, the City permitted residential densities above the residential density required in subdivision (b) of sections 65912.113 and 65912.123 and heights required in section 65912.123, subdivision (c). (§§ 65912.114, subd. (i)(2)(B), 65912.124, subd. (i)(2)(B).)
Protecting Residential Uses: The development of the parcels will result in all of the following:
No net loss of the total potential residential density in the jurisdiction. (§§ 65912.114, subd. (i)(3)(A), 65912.124, subd. (i)(3)(A).)
No net loss of the potential residential density of housing affordable to lower income Households in the jurisdiction. (§§ 65912.114, subd. (i)(3)(B), 65912.124, subd. (i)(2)(B).)
Affirmative furthering of fair housing. (§§ 65912.114, subd. (i)(3)(C), 65912.124, subd. (i)(3)(C).)
Modifications and Subsequent Permits Shall Not Be Unreasonably Delayed
Proposed modifications to a development approved pursuant to the Act shall be undertaken pursuant to section 65913.4, subdivision (g). (§§ 65912.114, subd. (k), 65912.124, subd. (k).) Further, the City shall not adopt or impose any requirement that applies to a development solely or partially on the basis that the development is eligible to receive ministerial review. (§§ 65912.114 (l), 65912.124, subd. (l)).
For development developments approved pursuant to the Act’s review process, the City shall issue subsequent permits without unreasonable delay and shall not impose any procedure or requirement that is not imposed on developments that are not approved pursuant to this section. (§§ 65912.114, subd. (m), 65912.124, subd. (m), 65913.4, subd. (h)(2).) Additionally, public improvements necessary to implement the approved development shall not be reviewed in a manner that would inhibit, chill, or preclude the development. (§§ 65912.114, subd. (n), 65912.124, subd. (n), 65913.4, subd. (h)(3).)
Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“AB 2011 Mixed-Income Housing Projects” shall refer to housing development project as set forth in AB 2011, Article 2 (Affordable Housing Developments in Commercial Zones), and is intended to refer to such projects which are subject to a streamlined, ministerial review, pursuant to Government Code Section 65912.114, subject to satisfying all requisite requirements, as set forth therein.
“AB 2011 100% Affordable Housing Project” shall refer to housing development project(s) as set forth in AB 2011, Article 3 (Mixed-Income Housing Developments Along Commercial Corridors), and is intended to refer to such projects which are subject to a streamlined, ministerial review pursuant to Government Code Section 6591124, subject to satisfying all requisite requirements, as set forth therein.
“SB 6 Projects” shall refer to housing development project as set forth in SB 6, as codified in Government Code Section 65852.24, subject to the streamlined, ministerial approval process, satisfying all requisite requirements therein.
“Commercial corridor” means a highway, as defined in Vehicle Code Section 360, that is not a freeway, as defined in Vehicle Code Section 332, and that has a right-of-way, as defined in Vehicle Code Section 525, of at least 70 feet but not greater than 150 feet.
"Dedicated to industrial use" means any of the following: (1) square footage is currently being used as industrial use; (2) more recently permitted use of the square footage is an industrial use; or (3) site was designated for industrial use in local government's latest general plan adopted before January 1, 2022.
“Multiple-family” as applicable to Section 9.04.050 of this Code, means a property with five or more housing units for sale or for rent. There is no requirement that the housing units be attached.
“Prevailing wage” means at least the general prevailing rate or per diem wages for the type of work and the geographic area as determined by the Director of Industrial Relations pursuant to Labor Code Sections 1773 and 1773.9, except apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. The same definition is used in both AB 2011 and SB 6.
“Principally permitted use” means a use that may occupy more than one-third of the square footage of designated use on the site and does not require a conditional use permit.
“Residential hotel” has the same meaning as defined in Government Code Section 50519 of the Health and Safety Code.
Interpretation. If any portion of this section conflicts with AB 2011, SB 6, or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with AB 2011 and SB 6.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

Exceptions & meaning →

9.295.040 Single-Room Occupancy Units¶

Purpose. Single-room occupancy units can provide a valuable form of affordable private housing for individuals and can serve as an entry point into the housing market for extremely low-income populations, including formerly homeless persons, seniors and those with disabilities. The purpose of this section is to establish development and operational standards for single-room occupancy units.
Applicability. The standards contained in this section shall apply to all single-room occupancy units.
Development and Operational Standards.
Occupancy. A single-room occupancy unit shall be occupied by not more than 2 persons. Occupancy of single-room occupancy units may be restricted to seniors or be available to persons of all ages.
Tenancy. Tenancy of SRO units shall be offered for a minimum of 30 days or longer.
Management. On-site management shall be provided.
Minimum Size. A single-room occupancy unit shall be at least 150 square feet in floor area, excluding closet and restroom areas. No individual unit may exceed 400 square feet.
Entrances. All single-room occupancy units shall be independently accessible from a single main entry, excluding emergency and other service support exits.
Cooking Facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual single-room occupancy units, each unit shall have a sink with hot and cold water, a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements, and a refrigerator.
Restroom Facilities. A single-room occupancy unit is not required to but may contain partial or full restroom facilities. A partial restroom facility shall have at least a toilet and sink. A full restroom facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor and one full bathroom per four units.
Closet. Each SRO unit shall have a separate enclosed all-weather closet. The closet shall be at least 120 cubic feet with a minimum four-foot horizontal dimension along one plane.
Common Area. Four square feet per living unit shall be provided, excluding janitorial storage, laundry facilities, and common hallways. At least 200 square feet in area of interior common space shall be provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.

Exceptions & meaning →