Chapter 19.57 — DENSITY BONUSES

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Editor's note— Ord. No. 1449, § 4(Att. A), adopted Feb. 11, 2025, amended ch. 19.57 in its entirety to read as herein set out. Former ch. 19.57, §§ 19.57.010—19.57.070, pertained to density bonuses and other incentives for low income and senior housing, and derived from Code 1972, §§ 19.57.010—19.57.070.

It is the intent of the City of Perris, in enacting this Chapter, to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City's Housing Element. The purpose of this chapter is to provide for compliance with Government Code Sections 65915 through 65918 as the same may be amended from time to time. This chapter provides regulations for considering density bonus and incentive requests for the development of housing that is affordable to lower-, low-, and moderate- income households, foster youth, disabled veterans, homeless persons, lower-income students, and senior citizens. This chapter is intended to be consistent with Government Code Sections 65915 through 65918, and is not intended to create any right on the part of applicants or others to density bonuses, incentives, concessions or waivers beyond those provided by Government Code Sections 65915 through 65918. In the event of any conflict between this chapter and Government Code Sections 65915 through 65918, Government Code Sections 65915 through 65918 shall prevail.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

The following definitions shall be applicable to this chapter:

Affordable housing costs is as defined in Health and Safety Code Section 50052.5.

Childcare facility means a child day care facility, other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age childcare centers. "Childcare facility" does not include public or private primary or secondary education facilities.

Development standard includes a site or construction condition, including, but not limited to, a height limitation, setback requirement, floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a housing development pursuant to any ordinance, general plan policy, specific plan, or other local condition, law, policy, resolution, or regulation. Development standard shall not mean an impact fee, inclusionary housing requirement, or dedication of land.

Disabled veteran means any veteran who is currently declared by the United States Veterans Administration to be ten percent (10%) or more disabled as a result of service in the armed forces. Proof of such disability shall be deemed conclusive if it is of record in the United States Veterans Administration.

Equivalent size dwelling unit means a dwelling unit that replaces another dwelling unit and contains at least the same number of bedrooms as the unit being replaced.

Extremely low-income household means persons and families whose income does not exceed 30 percent of the area median income, as published by the California Department of Housing and Community Development ("HCD"), adjusted for family size and revised annually.

Foster youth means a person in California whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth's 13th birthday and who is no older than 25 years of age at the commencement of the academic year.

Homeless person shall have the same meaning as that phrase is defined in Section 11302 of the federal McKinney-Vento Homeless Assistance Act (42U.S.C. Ch. 119).

Housing development means a development project for five or more residential dwelling units, including mixed-use developments. A "housing development" also includes a subdivision or common interest development approved by the City and consists of residential units, or unimproved residential lots, and either a project to substantially rehabilitate and convert an existing commercial building to residential use, or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would result in a net increase in available residential units. For purposes of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application but may include more than one subdivision map.

cial building to residential use, or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would result in a net increase in available residential units. For purposes of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application but may include more than one subdivision map.

Low-income household means persons and families whose income is greater than 50 percent but does not exceed 80 percent of the area median income, as published by the California Department of Housing and Community Development, adjusted for family size and revised annually.

Lower income household means persons and families whose income does not exceed the qualifying limits in Section 50079.5 of the California Health and Safety Code.

Lower income student means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Education Code Section 69432.7(k) (1). The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.

Major transit stop means an existing rail or bus rapid transit station; the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods; or any other transit stop identified as a "major transit stop" by SCAG in the most recent adopted version of the regional transportation plan.

Moderate-income household means persons and families whose income is greater than 80 percent but does not exceed 120 percent of the area median income, as published by HCD, adjusted for family size and revised annually.

Natural or constructed impediments means a hindrance or obstruction that prevents pedestrian or bicycle access to a major transit stop. Natural or constructed impediments include, but are not limited to, freeways, rivers, mountains, harbors, and bodies of water, but do not include residential structures, shopping centers, parking lots, or rails used for transit.

Specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety: (1) inconsistency with the zoning ordinance or general plan land use designation, or (2) the eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.

standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety: (1) inconsistency with the zoning ordinance or general plan land use designation, or (2) the eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.

Unobstructed access, with reference to a major transit stop, means that the income qualified resident of the housing development is able to access the major transit stop without encountering natural or constructed impediments, which include, but are not limited to, freeways, rivers, mountains, harbors and other bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit with legal pedestrian access through the property.

Very low-income household means persons and families whose income is greater than 30 percent but does not exceed 50 percent of the area median income, as published by HCD, adjusted for family size and revised annually.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

The provisions of this chapter shall only be applicable to housing developments, as defined in Section 19.57.020.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

(a)

Fractional Units. The calculation of a density bonus in compliance with this section that results in fractional units, including base density and bonus density, shall be rounded up to the next whole number.

(b)

Mixed Income Development. If a housing development qualifies for a density bonus under more than one income category; as senior housing; or as housing intended to serve transitional foster youth, disabled veterans, or homeless persons; the applicant shall select only one of the eligible density bonus categories in the application. Density bonuses from more than one category listed in Government Code Section 65915(b) may not be combined.

(c)

General Plan & Zoning Consistency. The granting of a density bonus, in and of itself, shall not be interpreted as requiring a General Plan amendment, Zoning Map amendment, or other discretionary approval.

(d)

Financial Incentives. The provisions of this chapter shall not be interpreted to require or limit the City from providing direct financial incentives, including the provision of publicly owned land or the waiver of fees or dedication requirements.

(e)

Increased Density Limit. A housing development shall not exceed the cumulative total of base units allowed by the underlying zone and the bonus density units. Incentives, concessions, or development standard waivers shall not be used to increase density.

(f)

Reduced Density. An applicant for a Density Bonus may elect to provide a lesser percentage of density increase than what is allowed including, but not limited to, no increase in density, but shall remain eligible for concessions or incentives, waivers of development standards, and eligible parking requirements provided the project meets the eligibility requirements of this Section.

(g)

Fees. Affordable housing impact, inclusionary zoning, and in-lieu fees shall not be imposed on affordable units.

(h)

Base Density. The base density is the maximum amount of density allowed under the zoning designation. If no density is listed in the zoning code (e.g., a commercial zone), then the developer may submit a base density study to determine the realistic base density for the site. Under density bonus law, the City shall approve the base density study as long as the proposed based density complies with all residential development standards applicable to the project.

(i)

No Elimination of Amenities. The City may not require a developer of density bonus project to reduce or eliminate amenities or redesign a project to avoid or reduce development standards that would physically preclude construction of a development that is eligible for the density bonus law at the densities or with the concessions or incentives permitted. Instead, such development standards are subject to density bonus law waivers.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

Eligible housing development or mixed-use development projects may be granted density bonuses, concessions, incentives, and waivers pursuant to California State Government Code § 65915 et seq., as may be amended from time to time.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

Affordable units shall be designed and distributed within the housing development as follows:

(a)

Number of Bedrooms. Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole.

(b)

Comparable Quality and Facilities. Affordable units shall be comparable in the facilities provided (e.g., laundry, recreation, etc.) and in the quality of construction and exterior design to the market-rate units.

(c)

Access. In mixed-income multi-unit structures, the occupants of the affordable housing units shall have the same access to common entrances and any common areas including parking areas in that structure as the occupants of the market-rate housing units.

(d)

Size. Affordable units may be smaller and have different interior finishes and features than the market-rate units.

(e)

Location. Affordable units shall be distributed within the residential development, unless clustering is allowed by the review authority (e.g. Planning Commission or City Council). However, in a mixed-income multi-unit structure, affordable units shall not be isolated to a specific floor or an area of a specific floor.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

The applicant approved for a density bonus, concession, incentive, or waiver under this chapter shall agree to construct, operate, and maintain the affordable units in accordance with an affordable housing agreement. The requirement of the affordable housing agreement shall be made a condition of approval of the housing development. The affordable housing agreement shall be executed and recorded on title to the parcel on which the affordable units are located prior to the issuance of a building permit for any portion of a housing development subject to the requirements of this chapter, or prior to final map approval if a map is requested. The affordable housing agreement shall run with the land and be binding upon all future owners and successors in interest.

(a)

Review. The terms of the affordable housing agreement shall be reviewed and revised as appropriate by the Director of Development Services and City Attorney. The Director of Development Services shall have authority to approve and execute the affordable housing agreement, subject to City Attorney approval as to form.

(b)

Fees. The City Council may establish fees associated with the setting up and monitoring of the affordable units.

(c)

Contents. The affordable housing agreement shall include at least the following:

(1)

Identification of Affordable Units. Affordable units shall be identified by address and legal description, type (floor area, number of bedrooms/baths, unit size, etc.), and designated household income category. The affordable housing agreement shall also identify the total number of affordable units and total number of units approved for the housing development.

(2)

Term of Affordability. A minimum term of 55 years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, of the specified affordability shall be required for all very low and low-income rental units that qualified the applicant for the award of the density bonus. Such affordability term shall begin on the date a certificate of occupancy is granted for the affordable units.

With respect to for-sale units that qualified the applicant for the award of the density bonus, as further provided in subsection (c)(3)(b) below, the affordable housing agreement shall ensure that the unit is either (i) initially sold to and occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing cost and is subject to an equity sharing agreement, or (ii) if the unit is not purchased by an income-qualified person or family within 180 days after the issuance of the certificate of occupancy, the unit is purchased by a qualified nonprofit housing corporation that meets the requirements of Government Code Section 65915(c)(2)(A)(ii)(I)-(IV) pursuant to a recorded contract that satisfies the requirements of Revenue & Taxation Code Section 402.1(a)(10).

(3)

Maximum Allowable Rent or Sales Price.

a.

Rental Housing Developments. In the case of rental housing developments, the affordable housing agreement shall provide for the following terms and conditions governing the affordable housing units during the affordability term:

The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the affordable units for qualified tenants.

Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.

Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying each affordable unit, and which identifies the bedroom size and monthly rent or cost of each affordable unit.

Determination of Rent. A maximum rent schedule shall be submitted to the City prior to the issuance of an occupancy permit for the affordable units and updated annually on the anniversary date of occupancy.

Deposit Amount. Total move-in costs for eligible tenants occupying affordable units shall be limited to first month's rent plus a security/cleaning deposit not to exceed one month's rent.

Upward Mobility Allowance. When a tenant occupying an affordable unit no longer qualifies under the income requirements, verified through the monitoring program required as part of the affordable housing agreement, that tenant may then be charged market rate rent. If this occurs, any currently vacant unit of similar type to the affordable unit in question shall then be designated as an affordable unit, and the owner shall immediately attempt to secure tenants in accordance with this chapter. The owner is required to maintain at all times during the affordability term the minimum number of affordable units identified in the affordable housing agreement. If no vacant units are available to be provided as affordable units, or converted to affordable units, then the tenant shall be given six months to vacate the premises.

Subletting of Affordable Units. No subletting or short-term occupancy of designated affordable units shall be allowed. For purposes of this provision, a short-term occupancy shall mean any rental for 30 days or less.

b.

Ownership Projects. In the case of for-sale housing developments, as a condition of approval of the housing development, the City shall require an affordable housing agreement that includes the following terms and conditions governing the initial sale and use of affordable units during the applicable use restriction (i.e., affordability) period:

Affordable units shall, upon initial sale, be sold to, and occupied by, eligible very low, low, or moderate income households, as required, at an affordable sales price and housing cost, or to qualifying residents in the case of a senior citizen housing development.

Affordable units shall be owner-occupied by eligible very low, low or moderate-income households, or by qualifying residents in the case of a senior citizen housing development.

The initial purchaser of each affordable housing unit shall execute an instrument or agreement approved by the City restricting the sale of the affordable housing unit in accordance with this chapter during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the affordable housing unit and shall contain such provisions as the City may require to ensure continued compliance with this chapter and State Density Bonus Law.

Rental of For-Sale Units. Rental of affordable ownership units shall not be allowed.

Equity Sharing Agreements. When an equity sharing agreement is required by this chapter, the affordable housing agreement shall specify the equity sharing agreement comply with Government Code § 65915 et. seq.

(4)

Monitoring of Compliance to Agreement. A monitoring program shall be required, specifying the party responsible for certifying tenant incomes and sales price, maintaining the required number of affordable units and each affordable unit's property, and marketing and filling unit vacancies.

(5)

Remedies. Description of remedies for breach of the affordable housing agreement by either party (the City may identify tenants or qualified purchasers as third-party beneficiaries under the agreement).

(6)

Description of Density Bonus. A description of the density bonus, incentives, concessions, waivers of development standards, and/or reduced parking requirements if any, being provided by the City.

(7)

Schedule. A schedule for completion and occupancy of the affordable units.

(8)

Other Provisions. Other provisions to ensure implementation and compliance with this chapter.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

(a)

Purpose. An affordable housing implementation plan (AHIP) provides a process to review and grant density bonuses, concessions, incentives, and development standard waivers in compliance with Government Code Sections 65915 et seq. and Chapter 17.58.

(b)

Applicability. An affordable housing implementation plan shall be required for any application that proposes a density bonus, concession, incentive, or waiver of development standard pursuant to Government Code Section 65915 et seq. and this Chapter.

(c)

Application Contents.

(1)

A legal description of the project site where the target dwelling units will be located, including a statement of present ownership and present and proposed zoning.

(2)

A letter signed by the present owner stating what specific density bonus, incentives or concessions, waivers or modifications in development standards are being requested from the City and if reduced parking pursuant to Government Code Section 65915 et seq. is being requested.

(3)

A detailed vicinity map showing the project location and such details as the location of the nearest commercial retail, transit stop, potential employment locations, park or recreation facilities or other social or community service facilities.

(4)

Site plans, floor plans, and building elevations, which shall designate the total number of units proposed on the site, including the number and location of target dwelling units and density bonus dwelling units, and supporting plans per the application submittal requirements.

(5)

If the project site contains existing dwelling units, a description of the existing dwelling units. This shall include the number of units, whether owner-occupied or rentals, the number of bedrooms in each of the

units, and evidence of household income of occupants for the previous five years. Projects shall demonstrate compliance with the requirements of Government Code Section 65915(c)(3)(A).

(6)

In the case of a request for any incentive or concession, evidence that the request will result in identifiable and actual cost reductions.

(7)

In the case of a request for a waiver or reduction of development standards, evidence that the development standard being waived or reduced will have the effect of physically precluding the construction of the development as designed at the densities or with the concessions or incentives permitted.

(8)

Any other information the Director of Development Services deems necessary to review and consider the proposed housing or mixed-use development.

(d)

Fee. A uniform fee, set by City Council resolution, shall be paid to the City upon the filing of each application.

(e)

Public Hearing. The Planning Commission shall hold a public hearing to consider applications for Affordable Housing Implementation Plans, which shall be duly noticed pursuant to Chapter 19.56.

(f)

Decision. The decision of the Planning Commission shall be final unless the Commission's action is appealed to the City Council within ten days of the Commission's decision, including payment of any required appeal fee, as set by resolution of the City Council.

(g)

Commission Recommendation. Notwithstanding subsection (f) above, in cases where the Affordable Housing Implementation Plan proposes a financial incentive or fee waiver, the Planning Commission shall render its decision in the form of a written recommendation to the City Council. The Council shall have sole discretion on approving a financial incentive or fee waiver.

(1)

After receipt of the written recommendation from the Commission, the Council shall hold a public hearing to consider the application for the Affordable Housing Implementation Plan.

(h)

Findings. The Commission and/or Council (as applicable) shall approve an Affordable Housing Implementation Plan unless it makes any of the following written findings for denial, based on substantial evidence as to any of the following requests, in which case it may deny the corresponding request for which the finding is made, as applicable:

(1)

Incentives or concessions:

a.

The incentive or concession does not result in an identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units to be set as specified in Government Code Section 65915(c);

b.

The incentive or concession would have a specific adverse impact upon public health and safety, or on any real property 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 incentive would be contrary to state or federal law.

(2)

A waiver or reduction of development standards:

a.

The development standard proposed to be waived or reduced would not physically preclude the construction of the development at the densities or with the concessions or incentives permitted by this chapter;

b.

The waiver or reduction of development standards would have a specific adverse impact upon public health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

c.

The waiver or reduction of development standards would have an adverse impact on any real property listed in the California Register of Historical Resources; or

d.

The waiver or reduction of development standards would be contrary to State or federal law.

(3)

Childcare Facility:

a.

The density bonus for a childcare facility is not needed as the community has adequate childcare facilities available to accommodate those who live and work in the City.

(4)

Financial Incentive or Fee Waiver:

a.

The City Council determines the financial incentive and/or fee waiver is not advantageous or desirable for the community.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)