Chapter 19.50 — DEVELOPMENT PLAN REQUIREMENTS

Sec. 19.50.010. - Purpose and intent.

The city council finds that development plan review is required to protect the health, safety and welfare of the citizens of the city and to ensure that all development proposed within the city is consistent with the city's general plan, applicable specific plans, and zoning.

(Code 1972, § 19.50.010; Ord. No. 1103, 6-2002)

Sec. 19.50.020. - Development plans required.

(a)

No person shall commence any physical alteration of a lot or parcel, the construction of a new building, the addition to or alteration of an existing building, any new use, construct a sign, obtain a building permit or certificate of occupancy, or undertake an intensification of use until a development plan has been approved.

(b)

In addition, for purposes of this chapter, the term "sign" means any advertising structure regulated by chapter 19.75. Except as provided in section 19.54.030, and in the ordinance establishing this chapter, no building permit or certificate of occupancy shall be issued for development projects in process on the date the ordinance codified in this chapter becomes effective unless such development complies with the provisions of this chapter.

(Code 1972, § 19.50.020; Ord. No. 1103, 6-2002)

Sec. 19.50.030. - Development plans defined.

Development plans are required to be submitted for review and approval by the city council, planning commission, or the director of development services for the following types of development cases:

(1)

Conditional use permits.

(2)

Development plan reviews.

(3)

Administrative development plan reviews.

(4)

Variances.

(Code 1972, § 19.50.030; Ord. 1255, 6-2009)

Sec. 19.50.040. - Development plan exemptions.

The following development is exempt from development plan review and approval:

(1)

Residential uses.

a.

Patios, second story decks, detached residential accessory structures, or first floor room additions and areas designated for single-family residential development, when these additions are less than 25 percent of the existing structure, are not directly visible from public rights-of-way and when designed to match the existing exterior of the development.

b.

Landscape components and fencing in areas designed for single-family residential development.

c.

Pools and spas in areas designated for single-family residential development.

d.

Accessory dwelling units and junior accessory dwelling units.

e.

SB 9 housing developments and urban lot splits.

(2)

Commercial and industrial uses. Commercial, industrial, and office additions for which no change in intensity of use, no additional vehicular parking is required and there is no reconfiguration of the parking lot or change in the number of parking spaces. Examples include construction of trash enclosures, interior remodels, and small additions to structures consistent with the existing architecture.

(3)

Other uses. Any other development of similar scale and impact, as determined by the Director. (Code 1972, § 19.50.040; Ord. No. 1103, 6-2002; Ord. No. 1449, § 4(Att. A), 2-11-2025)

Sec. 19.50.050. - Authority and action.

The City Council, Planning Commission, the Director, as specified in section 19.54.030, shall review the development plan for conformance with the City's General Plan, Zoning Code, Subdivision Code, specific plan regulations, and other applicable city regulations and shall then approve, conditionally approve, deny, or refer to a higher authority.

(Code 1972, § 19.50.050; Ord. No. 1103, 6-2002; Ord. 1255, 6-2009; Ord. No. 1449, § 4(Att. A), 2-11-2025)

Sec. 19.50.060. - Submittal of supporting plans.

The following supporting plans shall be submitted with a development plan application. Before an application is accepted and approved as complete, the applicant may be required to clarify, correct or otherwise supplement the information contained in the application.

(1)

Site plan. A site plan, drawn to standard engineering scale (one inch equals 30 feet), shall contain the following information:

a.

Parcel and lot dimensions illustrating the location of all existing buildings and structures.

b.

The location, height, and construction material of all walls and fences.

c.

The location, number of spaces, and internal circulation pattern for all on-street parking along with the location of any off-site parking.

d.

The width of all driveways, rights-of-way and the design of all ingress/egress routes.

e.

The location of all areas proposed to be landscaped.

f.

The proposed use of the buildings or structures and the amount of square footage devoted to each use.

g.

The design and location of all areas or improvements to be made available for use by the public or dedicated to a public agency or utility.

h.

The location and design of all trash enclosures.

i.

The design and location of all signs, exterior lighting and pedestrian walkways.

j.

The location of all existing and proposed fire hydrants.

k.

The location of all proposed outdoor storage areas and a description of the materials to be stored in such areas.

l.

The percentage of landscaped area, building coverage, and parking area.

m.

The location of any existing curbs, planter islands, sign, lighting standards or bollards, or any other improvements to be removed.

(2)

Other plans.

a.

Floor plans for all proposed buildings and structures.

b.

Colored architectural elevations and colors and materials sample board.

c.

Landscaping plans indicating the species, container size and quantity of the proposed plant materials, and the design of the irrigation system. All landscaping plans shall be prepared by a qualified landscape architect.

d.

Preliminary grading plans.

(3)

Other materials/specifications.

a.

An 8½-inch by 11-inch reduction of all site plans. All reductions shall be highly legible for reproduction purposes.

b.

All site plans, floor plans, architectural elevations, and landscape plans shall be folded to an 8½-inch by 11inch size. Unfolded plans shall not be accepted and shall be cause for determining a development plan application incomplete.

c.

Any other information or plans that may be required by the director of development services which are reasonable or necessary to the city council's, planning commission's, or director's review of an application.

(Code 1972, § 19.50.060; Ord. No. 1103, 6-2002; Ord. No. 1255, 6-2009)

Sec. 19.50.070. - Application processing.

(a)

Upon submittal of a development plan application, the director of development services shall review the application to determine whether an application is complete and its compliance with the requirements of this chapter. If the requirements of this chapter are not satisfied within 30 days of receipt of the application, the director shall give written notification to the applicant that the application is incomplete and the reasons therefor.

(b)

Upon determining that a development plan application is complete, the director of development services shall distribute the application as provided in section 19.54.030(b) for discretionary applications.

(Code 1972, § 19.50.070; Ord. No. 1103, 6-2002)

Sec. 19.50.080. - Expiration and extension of time.

(a)

Expiration. The approval or a conditional approval of a development plan shall expire 36 months from the date the development plan was approved.

(b)

Extension.

(1)

The person filing a development plan or his authorized agent may request an extension of the development plan approval by written application to the director of development services. Such application shall be filed at least ten days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. The development plan must be in conformance with current city development code and general plan. Extensions of conditional permit approvals are subject to the approval of the original reviewing authority upon the finding of unavoidable delay.

(2)

The reviewing authority specified in section 19.54.030 for the original development application shall review and determine whether to grant a time extension. The reviewing authority shall ensure that the previously approved project is consistent with the current general plan and all purposes and provisions of this title and that the findings for approval specified in section 19.54.040 are still applicable. The director of development services shall issue a letter within ten working days of the decision stating the determination and findings.

(c)

Time limit on extension. A maximum of three one-year time extensions may be permitted. Total extensions of a development plan approval shall not exceed 36 months.

(d)

Development plan modifications. Modifications of a development plan, after approval, shall not extend time limits imposed by the chapter, unless otherwise specified in the conditions of approval of said modification.

(Code 1972, § 19.50.080; Ord. No. 1103, 6-2002; Ord. No. 1255, 6-2009)

CHAPTER 19.51. - MARCH ARB/IP AIRPORT OVERLAY ZONE (MAOZ)

Sec. 19.51.010. - Purpose and intent.

The purpose and intent of the Airport Overlay Zoning District is to:

(1)

Implement the city's general plan policies to ensure that all land uses within the Airport Overlay Zone (AOZ) are consistent with the State Aeronautics Act, State Law, Federal Aviation Administration (FAA) Regulations, and guidance of the California Airport Land Use Planning Handbook.

(2)

Ensure that land uses and development within the Airport Overlay Zone (AOZ) are compatible with the March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan (ALUCP), adopted in 2014.

(3)

Prohibit the establishment of incompatible land uses and further expansion of incompatible land uses to avoid or minimize exposure of persons to potential hazards associated with current and future airport operations.

(4)

Prohibit development, uses, or any installations or activities that could represent a hazard to existing and future flight operations.

(5)

Recognize unique constraints and considerations that apply to properties potentially affected by airport operations by establishing regulations and review criteria for land use and development within the Airport Overlay Zone (AOZ).

(6)

Recognize the boundary of the Riverside County Airport Land Use Compatibility Plan (ALUCP) within the Perris City limits and Perris Commerce Center Specific Plan (PVCC SP) area by establishment of an Airport Overlay Zone (AOZ).

(Ord. No. 1332, § 4(Exh.), 8-13-2016)

Sec. 19.51.020. - March ARB/IP ALUCP definitions.

Airport Influence Area (AIA) An area in which current or future airport-related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses. The airport influence area constitutes the area within which certain land use actions are subject to Riverside Airport Land Use Commission (ALUC) review. The term airport influence area is synonymous with the term airport referral area as well as the term planning area as referred to in the Public Utilities Code Section 21675.

Zone M (Military) includes all lands owned by the U.S. Air Force. By law, neither local governments nor the Riverside Airport Land Use Commission (ALUC) have jurisdiction over federal lands.

Zone A (Clear Zone) contains lands within the Clear Zone (CZ) at each end of the runway, but not on the base property. As defined by the 2005 Air Installation Compatible Use Zone (AICUZ), the clear zones are 3,000 feet wide and 3,000 feet long beginning at the runway ends. Zone A at the south end of the runway includes privately owned land. The U.S. Air Force has acquired restrictive use easements preventing the development of this property.

Clear Zone (CZ) at each end of the runway, but not on the base property. As defined by the 2005 Air Installation Compatible Use Zone (AICUZ), the clear zones are 3,000 feet wide and 3,000 feet long beginning at the runway ends. Zone A at the south end of the runway includes privately owned land. The U.S. Air Force has acquired restrictive use easements preventing the development of this property.

Zone B1 (Inner Approach/Departure Zone) encompasses areas of high noise and high accident potential risk within the inner portion of the runway approach and departure corridors. The zone is defined by the boundaries of Accident Potential Zones (APZs) I and II, adjusted on the north to take into account the turning departure flight tracks. The majority of the zone is exposed to projected noise levels in excess of 65 dB CNEL.

Zone B2 (High Noise Zone) is similar to Zone B1 in terms of noise impact, but is subject to less accident potential risk. The projected 65 dB CNEL contour forms the basis for the zone boundary. The actual boundary follows roads, parcel lines or other geographic features that lie generally just beyond the contour line. Lands within the APZs are excluded from Zone B2. Most of the zone lies adjacent to the runway. To the north, portions extend along the sides of Zone B1. To the south, a small area borders the sides of Zones A and B1 and a larger area extends two miles beyond the south end of Zone B1.

Zone C1 (Primary Approach/Departure Zone) encompasses most of the projected 60 dB CNEL contour plus immediately adjoining areas. The zone boundary follows geographic features. Accident potential risks are moderate in that aircraft fly at low altitudes over or near the zone. To the south, an area beginning just beyond Nuevo Road—approximately five miles from the runway end—is excluded from the zone. Exposure to noise in this area is greater (above 60 dB CNEL), however, the accident potential risks at this distance from the runway are reduced by the altitude at which aircraft typically fly over the area. Single-event noise levels are potentially disruptive in this zone.

Zone C2 (Flight Corridor Zone) contains the remainder of the lands within the 60 dB CNEL contour to the south. Although aircraft overflying this area are at 2,000 feet or more above the runway on descent and generally 3,000 feet or more on takeoff, single-event noise levels combined with the frequency of overflights, including at night, make noise a moderate compatibility concern. A larger portion of Zone C2 is situated to the west of the airport and includes locations above which most of the military closed-circuit flight training aircraft activity takes place. Aircraft overfly this area at circuit altitude (3,000 feet) or higher (similar to the south portion of Zone C2), but high terrain in some locations makes the flight altitude above ground level comparatively lower. Single-event noise levels in this area can be intrusive. However, at present, nearly all of the flight training activity takes place on weekdays during daylight hours, thus reducing the significance of the noise impact on residential land uses. Accident potential risk levels in both

n of Zone C2), but high terrain in some locations makes the flight altitude above ground level comparatively lower. Single-event noise levels in this area can be intrusive. However, at present, nearly all of the flight training activity takes place on weekdays during daylight hours, thus reducing the significance of the noise impact on residential land uses. Accident potential risk levels in both

portions of Zone C2 are judged to be moderate to low with flight training aircraft activity being the primary concerns

Zone D (Flight Corridor Buffer) is intended to encompass other places where aircraft may fly at or below 3,000 feet above the airport elevation either on arrival or departure. Additionally, it includes locations near the primary flight paths where aircraft noise may be loud enough to be disruptive. Direct overflights of these areas may occur occasionally. Accident potential risk levels in this zone are low.

Zone E (Other Airport Environs) contains the remainder of the Airport Influence Area (AIA). Noise impacts are low (this area is beyond the 55-CNEL noise contour), and risk of accidents is low. Airspace protection is the major concern in that aircraft pass over these areas while flying to, from, or around March ARB/IPA.

The High Terrain Zone serves a more focused purpose than the preceding eight zones. It is intended to identify locations where objects may be hazards to the aircraft operating in the airport's airspace and require careful review. This zone is within the FAR Part 77 surfaces for March ARB/IPA.

(Ord. No. 1332, § 4(Exh.), 8-13-2016)

Sec. 19.51.030. - Applicability.

Regulations in this chapter shall apply to all uses, activities, and existing and proposed development project on properties within the March ARB/IP ALUCP Zone A (Clear Zone), Zone B1 (Inner Approach Departure Zone), Zone B2 (High Noise Zone), Zone C1 (Primary Approach/Departure Zone), Zone C2 (Flight Corridor Zone), Zone D (Flight Corridor Buffer), and Zone E (Other Airport Environs) designated in the ALUCP. Should an override action be taken, the City of Perris shall ensure that development is consistent with direction in the State Aeronautics Act, the FAA regulations, and guidance provided in the Caltrans Division of Aeronautics Airport Land Use Planning Handbook.

(1)

Specific Plans. For properties located within the AOZ, which also are located within specific plans, development regulations, standards, and policies shall be followed per respective specific plans. In cases where policies or standards are not provided within the specific plan, the policies and standards within this Chapter will apply in addition to other applicable zoning regulations, the General Plan, or other standards and regulations that apply to the project or land use. In no case will a land use, activity, or development be allowed to violate Airspace Protection Standards of 19.51.070.

(2)

Existing Development and Land Uses. Non-conforming uses and structures shall comply with the Airspace Protection Standards of [section] 19.51.070, which prohibit any activities that pose a risk to flight operations within the AOZ. Existing land uses that are not consistent with the AOZ are non-conforming uses and may continue. No increase in density for non-conforming residential land uses is permitted. Nonconforming buildings and uses shall comply with Perris Municipal Code Chapter 19.80 (Nonconforming Building and Uses) provisions for expiration of nonconforming status and proposed changes to land use that does not conform to the AOZ.

Development or land uses shall be considered "existing" if one of the following conditions are met:

a.

A vesting tentative map has been approved and has not expired or all discretionary approvals have been obtained and have not expired.

b.

Building permits have been issued and have not expired.

c.

The structures and site development have been legally established and physically exist.

(Ord. No. 1332, § 4(Exh.), 8-13-2016)

Sec. 19.51.040. - Procedures.

(a)

Approval. All ministerial and discretionary actions within the Airport Overlay Zoning District (AOZ) shall be reviewed for consistency with this chapter prior to approval.

(b)

Mandatory findings for approval. When a project, use or activity is subject to discretionary actions requiring a public hearing or notice, the applicable review authority shall make all of the following findings, as applicable:

(1)

The project, use or activity complies with the noise compatibility policies of the AOZ.

(2)

The project, use or activity complies with residential and non-residential density standards and other development conditions as mentioned in the Basic Compatibility Criteria Table (Table 1) of the AOZ.

(3)

The project, use or activity complies with the Basic Compatibility Criteria Table (Table 1) and Compatibility Map (Figure 1) of the AOZ.

(4)

The project, use or activity complies with the airspace protection policies of the AOZ.

(5)

The project or use complies with the overflight policies of the AOZ.

(c)

Amendments. Other than the General Plan, a Specific Plan, or Zoning Code changes addressed through a previous referral to the Riverside County Airport Land Use Commission (RCALUC), or any action to overrule any determination of the March ARB/IP ALUCP, proposed general plan land use amendments, zoning amendments, and specific plan amendments that impact density or intensity of development within the AOZ shall be referred to the RCALUC for a determination of compatibility with the adopted March ARB/IP ALUCP.

(d)

Overrule Procedures. ALUC consistency determinations for local agency plans and projects, are subject to overrule by the local agency. The overrule process preserves local government's constitutional land use authority and local government's ability to implement its plans and projects. When a plan or project is found inconsistent by the ALUC, the City of Perris has a choice to stop or amend the plan or project, and thereby accept the ALUCs inconsistency determination, or to overrule the ALUC with a two-thirds "supermajority" vote of the City of Perris City Council.

The local agency must notify both the ALUC and the California Division of Aeronautics at least 45 days in advance of its decision to overrule and must hold a public hearing on the proposed overruling (Public Utilities Code Section 21676(a) and (b)). While the ALUC and Division comments are advisory, they must be included in the public record of any decision to overrule the ALUC.

(Ord. No. 1332, § 4(Exh.), 8-13-2016)

Sec. 19.51.050. - March ARB/IP Airport Land Use Compatibility Map.

The safety zone boundaries, shown in the map below and described within the Airport Overlay Zone (AOZ) are consistent with the adopted 2014 Riverside County Airport Land Use Compatibility Plan and 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan.

Figure 1

==> picture [454 x 441] intentionally omitted <==

(Ord. No. 1332, § 4(Exh.), 8-13-2016)

Sec. 19.51.060. - Basic compatibility criteria and notes.

Land use compatibility criteria are intended to minimize the risk to people and property on the ground as well as to people in an aircraft in the event of an accident or emergency landing occurring outside the airport boundary.

Compatibility Criteria Table 1. (*Foot Notes are located at the end of Chapter 19.51)

NOTES:

Policies referenced here are from the Riverside County Airport Land Use Compatibility Plan adopted by the Riverside County ALUC for other airports beginning in October 2004. A complete copy of the Riverside County Airport Land Use Compatibility Plan is available on the Riverside County Airport Land Use Commission website at www.rcaluc.org.

1. Residential development must not contain more than the indicated number of dwelling units (excluding secondary units) per gross acre. Clustering of units is encouraged provided that the density is limited to no more than 4.0 times the allowable average density for the zone in which the development is proposed. Gross acreage includes the property at issue plus a share of adjacent roads and any adjacent, permanently dedicated, open lands. Mixed-use development in which residential uses are proposed to be located in conjunction with nonresidential uses in the same or adjoining buildings on the same site shall be treated as nonresidential development for the purposes of usage intensity calculations; that is, the occupants of the residential component must be included in calculating the overall number of occupants on the site. A residential component shall not be permitted as part of a mixed use development in zones where residential uses are indicated as incompatible. See Countywide Policy 3.1.3(d). All existing residential development, regardless of densities, is not subject to ALUC authority.

2. Usage intensity calculations shall include all people (e.g., employees, customers/visitors, etc.) who may be on the property at a single point in time, whether indoors or outside.

3. The uses listed here are ones that are explicitly prohibited regardless of whether they meet the intensity criteria. In addition to these explicitly prohibited uses, other uses will normally not be permitted in the respective compatibility zones because they do not meet the usage intensity criteria. See Riverside County Airport Land Use Compatibility Plan, Volume 1, Appendix D for a full list of compatibility designations for specific land uses.

4. As part of certain real estate transactions involving residential property within any compatibility zone (that is, anywhere within an airport influence area), information regarding airport proximity and the existence of aircraft overflights must be disclosed. This requirement is set by state law. See Countywide Policy 4.4.2 for details. Easement dedication and deed notice requirements indicated for specific compatibility zones apply only to new development and to reuse if discretionary approval is required. Avigation easements are to be dedicated to the March Inland Port Airport Authority; the federal government is precluded from receiving easement dedications. See sample language in www.marchjpa.com/docs_forms/avigationeasement.pdf.

ent dedication and deed notice requirements indicated for specific compatibility zones apply only to new development and to reuse if discretionary approval is required. Avigation easements are to be dedicated to the March Inland Port Airport Authority; the federal government is precluded from receiving easement dedications. See sample language in www.marchjpa.com/docs_forms/avigationeasement.pdf.

5. The total number of people permitted on a project site at any time, except rare special events, must not exceed the indicated usage intensity times the gross acreage of the site. Rare special events are ones (such as an air show at the airport) for which a facility is not designed and normally not used and for which extra safety precautions can be taken as appropriate.

6. Clustering of nonresidential development is permitted. However, no single acre of a project site shall exceed the indicated number of people per acre. See Countywide Policy 4.2.5 for details.

7. Clear zone (equivalent to runway protection zone at civilian airports) limits that delineate Zone A are derived from locations indicated in the March Air Reserve Base AICUZ study. Zone A is on Air Base property or otherwise under military control.

8. Hazards to flight include physical (e.g., tall objects), visual, and electronic forms of interference with the safety of aircraft operations. Land use development that may cause the attraction of birds to increase is also prohibited. Man-made features must be designed to avoid heightened attraction of birds. In Zones A, B1, and B2, flood control facilities should be designed to hold water for no more than 48 hours following a storm and be completely dry between storms (see FAA Advisory Circular 150/5200-33B). Additionally, certain farm crops and farming practices that tend to attract birds are strongly discouraged. These include: certain crops (e.g., rice, barley, oats, wheat - particularly durum - corn, sunflower, clover, berries, cherries, grapes, and apples); farming activities (e.g., tilling and harvesting); confined livestock operations (i.e., feedlots, dairy operations, hog or chicken production facilities, or egg-laying operations); and various farming practices (e.g., livestock feed, water, and manure). Fish production (i.e., catfish, trout) conducted outside of fully enclosed buildings may require mitigation measures (e.g., netting of outdoor ponds, providing covered structures) to prevent bird attraction. Also see Countywide Policy 4.3.7.

9. March ARB must be notified of any land use having an electromagnetic radiation component to assess whether a potential conflict with Air Base radio communications could result. Sources of electromagnetic radiation include microwave transmission in conjunction with a cellular tower, radio wave transmission in conjunction with remote equipment inclusive of irrigation controllers and other similar EMR emissions.

t be notified of any land use having an electromagnetic radiation component to assess whether a potential conflict with Air Base radio communications could result. Sources of electromagnetic radiation include microwave transmission in conjunction with a cellular tower, radio wave transmission in conjunction with remote equipment inclusive of irrigation controllers and other similar EMR emissions.

10. Other than in Zone A, construction of a single-family home, including a second unit as defined by state law, on a legal lot of record is exempted from this restriction where such use is permitted by local land use regulations. Interior noise level standards and avigation easement requirements for the compatibility zone in which the dwelling is to be located are to be applied.

11. Non-residential uses are limited to 25 people per gross acre in Accident Potential Zone (APZ) I and 50 people per acre in APZ II and elsewhere in Zone B1. Single-acre intensity limits are 100 people/acre throughout Zone B1.

12. In APZ I, any proposed development having more than 20% lot coverage must not provide on-site services to the public. Zoned fire sprinklers are required. Also, in APZ I, site design of proposed development should to the extent possible avoid placement of buildings within 100 feet of the extended runway centerline; this center strip should be devoted to parking, landscaping, and outdoor storage. Maximum lot coverage is not limited outside the APZs.

13. Within APZ II and outside APZs, two-story buildings are allowed.

14. Storage of aviation fuel and other aviation-related flammable materials on the airport is exempted from this criterion. In APZ I, manufacture or bulk storage of hazardous materials (toxic, explosive, corrosive) is prohibited unless storage is underground; small quantities of materials may be stored for use on site. In APZ II and elsewhere within Zone B1, aboveground storage of more than 6,000 gallons of nonaviation flammable materials per tank is prohibited.

15. Examples of noise-sensitive outdoor nonresidential uses that should be prohibited include major spectator-oriented sports stadiums, amphitheaters, concert halls and drive-in theaters. Caution should be exercised with respect to uses such as poultry farms and nature preserves.

16. Critical community facilities include power plants, electrical substations, and public communications facilities. See Countywide Policy 4.2.3(d).

17. For properties in either APZ I or II, any use listed as — N — not compatible? for that particular APZ in Table 3-1 of the 2005 Air Installation Compatible Use Zone Study for March Air Reserve Base. Beyond the boundaries of the APZs in Zone B1, such uses are discouraged, but not necessarily prohibited unless otherwise specified herein.

18. All new residences, schools, libraries, museums, hotels and motels, hospitals and nursing homes, places of worship, and other noise-sensitive uses must have sound attenuation features incorporated into the structures sufficient to reduce interior noise levels from exterior aviation-related sources to no more than CNEL 40 dB. This requirement is intended to reduce the disruptiveness of loud individual aircraft noise events upon uses in this zone and represents a higher standard than the CNEL 45 dB standard set by state and local regulations and countywide ALUC policy. Office space must have sound attenuation features sufficient to reduce the exterior aviation-related noise level to no more than CNEL 45 dB. To ensure compliance with these criteria, an acoustical study shall be required to be completed for any development proposed to be situated where the aviation-related noise exposure is more than 20 dB above the interior standard (e.g., within the CNEL 60 dB contour where the interior standard is CNEL 40 dB). Standard building construction is presumed to provide adequate sound attenuation where the difference between the exterior noise exposure and the interior standard is 20 dB or less.

19. This height criterion is for general guidance. Shorter objects normally will not be airspace obstructions unless situated at a ground elevation well above that of the airport. Taller objects may be acceptable if determined not to be obstructions. See Countywide Policies 4.3.3 and 4.3.4. Objects up to 35 feet in height are permitted. However, the Federal Aviation Administration or California Department of Transportation Division of Aeronautics may require marking and lighting of certain objects. See Countywide Policy 4.3.6 for details.

20. Discouraged uses should generally not be permitted unless no feasible alternative is available.

21. Although no explicit upper limit on usage intensity is defined for Zone D and E, land uses of the types listed—uses that attract very high concentrations of people in confined areas—are discouraged in locations below or near the principal arrival and departure flight tracks.

(Ord. No. 1332, § 4(Exh.), 8-13-2016)

Sec. 19.51.070. - Airspace protection standards.

Airspace protection. Airspace protection standards are intended to reduce the risk of harm to people and property resulting from an aircraft accident by preventing the creation of incompatible land use features and prohibiting activities that can pose hazards to the airspace used by aircraft in flight. Airspace protection standards regarding obstructions and hazards to air navigation are defined in the March ARB/IP ALUCP and apply to land uses and development within the Airport Overlay Zone (AOZ) as summarized below:

(1)

Objects affecting navigable airspace. Federal Aviation Regulation (FAR) Part 77 and Public Utility Code (PUC) Section 21659 require that structures not penetrate the airspace protection surfaces of the airport without a permit from the California Department of Transportation or a determination by the Federal Aviation Administration (FAA) that the object does not constitute a hazard to air navigation or would not

g navigable airspace. Federal Aviation Regulation (FAR) Part 77 and Public Utility Code (PUC) Section 21659 require that structures not penetrate the airspace protection surfaces of the airport without a permit from the California Department of Transportation or a determination by the Federal Aviation Administration (FAA) that the object does not constitute a hazard to air navigation or would not

create an unsafe condition for air navigation. The airspace surrounding an airport is divided into segments called "imaginary surfaces," which identify height limits for objects that require further study by the FAA to avoid creating hazards to air navigation. Structures that have the potential to be considered an obstruction by the FAA shall be subject to the provisions listed in a—c below:

a.

Proponents of a project shall file a Notice of Construction or Alteration (FAA Form 7460-1) with the FAA if a proposed structure is more than 200 feet above ground level or may exceed one foot in height for every 100 feet from the edge of the nearest point on the runway for a distance up to 20,000 feet. Filing FAA Form 7460-1 with the FAA will initiate an aeronautical study that will ensure a proposed structure does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation, including impeding any en route or terminal (airport) instrument procedures as per the United States Standard for Terminal Instrument Procedures (TERPS) described in FAA Order 8260.3B (Code of Federal Regulations § 77.29 Evaluating Aeronautical Effect).

b.

Approvals for such projects may include the requirement for an avigation easement, marking or lighting of the structure, or modifications to the structure. The avigation easement shall be consistent with the form and content of Exhibit H1 in Appendix H of the California Airport Land Use Planning Handbook.

c.

Building permits shall not be issued for a project until a Determination of No Hazard has been issued by the FAA and any conditions in that Determination are met.

(2)

Flight hazards prohibited. Any activities within the AOZ that could pose a hazard to flight operations including but not limited to the following:

a.

Glare or distracting lights that could be mistaken for airport lights;

b.

Sources of dust, steam, or smoke that may impair pilot visibility;

c.

Sources of electrical interference with aircraft communications or navigation; and

d.

Features that create an increased attraction for wildlife (large flock of birds) that may be hazardous to airport operations such as attraction of birds to the extent of creating a significant hazard of bird strikes (examples are outdoor storage or disposal of food or grain, or large, artificial water features, or landfills).

(Ord. No. 1332, § 4(Exh.), 8-13-2016)

Airport Related Noise. Noise compatibility standards are intended to prevent the establishment of noisesensitive land uses in portions of the airport environ that are exposed to significant levels of aircraft noise. Where permitted within the Airport Overlay Zone (AOZ), the following noise-sensitive land uses shall comply with applicable noise exposure criteria:

(1)

All new residences, schools, libraries, museums, hotels and motels, hospitals and nursing homes, places of worship, and other noise-sensitive uses must have sound attenuation features incorporated into the structures sufficient to reduce interior noise levels from exterior aviation-related sources to no more than CNEL 40 dB. This requirement is intended to reduce the disruptiveness of loud individual aircraft noise events upon uses in this zone and represents a higher standard than the CNEL 45 dB standard set by state and local regulations and the Riverside County ALUC policy.

(2)

Office space must have sound attenuation features sufficient to reduce the exterior aviation-related noise level to no more than CNEL 45 dB. To ensure compliance with these criteria, an acoustical study shall be required to be completed for any development proposed to be situated where the aviation-related noise exposure is more than 20 dB above the interior standard (e.g., within the CNEL 60 dB contour where the interior standard is CNEL 40 dB).

(3)

Standard building construction is presumed to provide adequate sound attenuation where the difference between the exterior noise exposure and the interior standard is 20 dB or less.

(Ord. No. 1332, § 4(Exh.), 8-13-2016)

Sec. 19.51.090. - Notice of airport vicinity.

Notice of Airport in the Vicinity: Prior to approval of new development projects, all applicants shall prepare an aerial photograph identifying the location of the March ARB/IP in relationship to the project site, and a Notice of Airport in the Vicinity. The notice must be provided to all potential purchasers or tenants and shall consist of the following:

NOTICE OF AIRPORT IN VICINITY

This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. Business & Professions Code Section 11010 (b)(13)(A)

Disclosure: The applicant shall provide full disclosure of the avigation easement and Notice of Airport in the Vicinity to all prospective purchasers or tenants.

(Ord. No. 1332, § 4(Exh.), 8-13-2016)

Avigation Easement: Development projects shall provide an executed avigation easement to the March Joint Powers Authority (MJPA).

(Ord. No. 1332, § 4(Exh.), 8-13-2016)

Any project, development, or land use not mentioned in this section shall be subject to 2014 March Air Reserve Base/Inland Port Airport land Use Compatibility Plan (March ARB/IP ALUCP).

(Ord. No. 1332, § 4(Exh.), 8-13-2016)

Infill: Where development not in conformance with the criteria set forth in the March ARB/IP ALUCP already exists, additional infill development of similar lands uses may be allowed to occur even if such lands uses are to be prohibited elsewhere in the zone. This exception does not apply within Compatibility Zones A or B1.

(1)

A parcel can be considered for infill development if it meets all of the following criteria plus the applicable provisions of either sub-policy (b) or (c) below:

a.

The parcel size is no larger than 20.0 acres.

b.

At least 50% of the site's perimeter is bounded (disregarding roads) by existing uses similar to, or more intensive than, those proposed.

c.

The proposed project would not extend the perimeter of the area defined by the surrounding, already developed, incompatible uses.

d.

Further increases in the residential density, nonresidential usage intensity, and/or other incompatible design or usage characteristics (e.g., through use permits, density transfers, addition of second units on the same parcel, height variance, or other strategy) are prohibited.

e.

The area to be developed cannot previously have been set aside as open land in accordance with policies contained in the March ARB/IP ALUCP unless replacement open land is provided within the same compatibility zone.

(2)

For residential development, the average development density (dwelling units per gross acre) of the site shall not exceed the lesser of:

a.

The average density represented by all existing lots that lie fully or partially within a distance of 300 feet from the boundary of the parcel to be divided; or

b.

Double the density permitted in accordance with the criteria for that location as indicated in the Compatibility Criteria Table 1.

(3)

For nonresidential development, the average usage intensity (the number of people per gross acre) of the site's proposed use shall not exceed the lesser of:

a.

The average intensity of all existing uses that lie fully or partially within a distance of 300 feet from the boundary of the proposed development; or

b.

Double the intensity permitted in accordance with the criteria for that location as indicated in the Compatibility Criteria Table 1.

(4)

The single-acre and risk-reduction design density and intensity multipliers listed in Table 1 are applicable to infill development

(5)

Infill development on some parcels should not enable additional parcels to then meet the qualifications for infill. The intent is that parcels eligible for infill be determined just once. The burden for demonstrating that a proposed development qualifies as infill rests with the City of Perris and/or project proponent.

(Ord. No. 1332, § 4(Exh.), 8-13-2016)

The following specific plans are exempt:

Harvest Landing Specific Plan — Situated in March ARB/IP ALUCP Compatibility Zone C2. A 341-acre mixed-use Specific Plan located south of Placentia Avenue and east of Interstate 215 within the City of Perris, which includes 1,860 residential units and 1,306,582 square feet of business/commercial uses. The Specific Plan and associated Development Agreement were adopted in May 2011. The Development Agreement will expire 15 years from the approval date plus extensions in 5-year increments subject to City Council Approval.

Park West Specific Plan — Situated in March ARB/IP ALUCP Compatibility Zones C1 and C2. A 534.3-acre residential Specific Plan located south of Nuevo Road and east of the Perris Valley Storm Channel within the City of Perris and authorized for a maximum of 2,027 residential units as identified in the Specific Plan and Development Agreement approval by the Perris City Council on January 30, 2007. The Development Agreement for Phase I expires 10 years from the approval date. Phases II and III extend the agreement to 2027 or 10 years after the developer submits an application for approval of a Tentative Tract Map for any portion of these phases.

(Ord. No. 1332, § 4(Exh.), 8-13-2016)

CHAPTER 19.54. - AUTHORITY AND REVIEW PROCEDURES

Sec. 19.54.010. - Purpose.

The purpose of this chapter is to establish the authority to adopt and procedures to evaluate the following applications and actions:

(1)

Zone changes.

(2)

Zoning ordinance amendments.

(3)

Specific plans.

(4)

Conditional use permits.

(5)

Variances.

(6)

Administrative permits.

(7)

Permitted uses.

(8)

Temporary outdoor uses.

(9)

Modifications to specific plans, conditional use permits, and variances.

(10)

Administrative determination.

(11)

Minor adjustments.

(12)

Development plan review.

(13)

Letters of public convenience or necessity.

(Code 1972, § 19.54.010; Ord. No. 1103, 6-2002; Ord. No. 1325, § 4(Exh.), 3-29-2016)

Sec. 19.54.020. - Authority.

The authority for each type of application identified in section 19.54.010 is as follows:

(1)

Zone Changes and Zoning Ordinance Amendments. The California Government Code allows jurisdictions to adopt and amend criteria which regulate the use of property located within specified districts or categories. Such changes or amendments shall be undertaken consistent with state law and local procedures. The Planning Commission is authorized to review and recommend either approval or denial to the City Council. The City Council is authorized to approve or disapprove any proposed requests.

(2)

Specific Plans. The California Government Code allows local jurisdictions to adopt and amend specific plans to implement a city's general plan, provided it is prepared pursuant to section 65450 of the California Government Code. Specific plans may be prepared for single or multiple uses including but not limited to residential, commercial, industrial, or recreational activities. Such changes or amendments shall be undertaken consistent with state law and local procedures. The Planning Commission is authorized to review and recommend either approval or denial to the City Council. The City Council is authorized to approve or disapprove any requests.

(3)

Conditional Use Permits. The California Government Code allows for the adoption of regulations which require a use permit be obtained for the operation of specified uses. Use permits may require compliance with certain conditions of approval prior to the issuance of a permit to operate or building permit. The Planning Commission is authorized to approve and deny any requests.

(4)

Variances. The California Government Code allows for the adoption of regulations which permit the Planning Commission to grant a variance from the required development standards contained in a zoning ordinance when practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this title result through the strict and literal interpretation and enforcement of the provisions of this title. The Planning Commission is authorized to approve or deny any requests.

(5)

Administrative Permits. The California Government Code allows jurisdictions to require a non-discretionary permit for the establishment of a large family day care home on lots zoned for single-family dwellings. The purpose of the permit can be granted by the designated city official provided the proposed use complies with all adopted local ordinances. The Director is authorized to approve any requests consistent with existing city ordinances and policies.

(6)

Permitted Uses. The California Government Code allows for the regulation of land uses and buildings. The land uses identified as permitted uses are allowed by right, subject only to their compliance with existing city regulations. The Director is authorized to approve or deny any projects consistent with existing city ordinances and policies.

(7)

Temporary Outdoor Uses. The California Government Code allows for the regulation of land uses and buildings. Temporary outdoor uses are allowed subject to their appropriateness, the availability of land, and their compliance with existing city regulations. The Director is authorized to approve, conditionally approve, or deny any requests.

(8)

Administrative Determinations. When a use is not listed specifically as either a permitted use or conditionally permitted use under a particular zoning district or category, the Director shall have the authority to determine whether the use is sufficiently similar to other uses in the particular zone to justify a finding that it should be deemed either a permitted use or conditionally permitted use. The Director is authorized to approve or disapprove any requests consistent with the provisions of this chapter.

(9)

Minor Adjustments. When the strict application of the provisions of this title would be impractical or result in a hardship, a minor adjustment may be authorized by the Director subject to the limitations listed below.

Should a request for a minor adjustment be beyond the limitations listed below or considered either too controversial or significant to surrounding property owners or residents, the Director may, at his/her discretion, require the formal filling of a variance request. The Director is authorized to approve or deny the following minor adjustments to the standards contained in the development code:

a.

Setbacks/landscaping. Reduce required setback or landscape areas up to 25 percent.

b.

Parking. Reduce required parking up to 25 percent.

c.

Height/coverage. Increase the allowable structure height or lot coverage up to 25 percent.

d.

Walls/fences. Increase the height of walls or fences up to 25 percent.

e.

Freestanding signs. Increase the height of freestanding signs up to 25 percent.

(10)

Development Plan Review. The California Government Code allows for adoption of regulations for the review of development projects. Development plans may require compliance with certain conditions of approval prior to issuance of a permit to operate or a building permit. The Director, the Planning Commission, or City Council, as specified in section 19.54.030, is authorized to approve, conditionally approve, or deny any requests.

(11)

Letter of Public Convenience or Necessity. The California Business and Professions Code provides for city review of alcoholic beverage control licenses where there is an "undue concentration" and a determination that the public convenience or necessity would be served by the issuance of a license. The Planning Commission is authorized to approve or deny any requests for determination of public convenience or necessity.

(Code 1972, § 19.54.020; Ord. No. 1103, 6-2002; Ord. No. 1325, § 4(Exh.), 3-29-2016; Ord. No. 1449, § 4(Att. A), 2-11-2025)

Sec. 19.54.030. - Review authority and processing procedures.

(a)

Processing review and authority.

(1)

Review and approval authority. All actions covered by this chapter shall be processed in the manner prescribed below. The following matrix outlines the actions, review authority, and approval authority for each type of application:

(2)

Referral to next higher authority. The Director of Development Services may refer an application to the next higher authority due to special issues, impacts related to the project, or controversy.

(3)

Appeals. Decisions of the Director of Development Services may be appealed to the Planning Commission. Decisions of the Planning Commission may be appealed to the City Council. All appeals must file an

application within 10 calendar days from the day of the decision and be accompanied by the appropriate fee and letter providing the reasons for the appeal. If the tenth day falls on a non business day for the City (Holidays and weekends), the appeal period shall be extended to the next business day. Appeals shall be filed with the Development Services Department.

(4)

Multiple and concurrent applications. When multiple applications related to a project are concurrently processed and that project also contains an application which requires review and determination by a higher authority, then all these applications, with the exception of sign permits, shall be reviewed and referred to the higher authority for determination. The final environmental determination and decision on all of the concurrent applications related to a project shall be made by the highest level of approval authority for any of the applications. For example the City Council shall review and determine the final action for all applications concurrently processed with a General Plan amendment or Zone Change.

(5)

Modifications. Major modifications to approved projects shall be reviewed and a determination shall be made by the same authority as required for initial approval. Minor modifications shall be reviewed and a determination shall be made by the Director of Development Services. The Director of Development Services shall be responsible for determining whether or not a proposed modification is deemed significant depending on the circumstances involved and should be considered a major modification or minor modification. The approval of major or minor modifications to approved projects shall not extend the expiration date of the original project approvals, unless specified in the conditions of approval of said modification.

(6)

Violation of conditions. Whenever a permit is conditionally approved or modified by the approving authority, the use or enjoyment of the permit approval without observance or in violation of any such conditions shall constitute a violation of the Code. Violations may be enforced in accordance with the processes and procedures for violations of the Code, or may constitute grounds for the permit to be revoked or suspended as provided in this Code.

(b)

Processing procedures

(1)

All development applications are subject to city review, except as exempted in Section 19.50.030.

(2)

Abandonment of applications.

a.

An application for permits or approvals as specified in this chapter shall be deemed to have been abandoned when information and/or fees have been requested in writing to complete or continue application processing and the requested information and/or fees have not been received by the Planning Division within 90 days of the request.

b.

The applicant may provide a written request for extension, which must be supported by a written explanation of the delay, stating the date by which the further application material and or fees will be submitted. If the Director of Development Services finds that special circumstances exist and that unusual hardship to the applicant would result from deeming the application abandoned, the Director of Development Services may extend the period during which the required material must be submitted. If the required material has not been submitted by the new date and if the Director of Development Services has not further extended the allowable period, the application shall be deemed abandoned without further notification.

(3)

Final effective date of approvals. The final effective date of any approval shall be the first business day after all applicable appeals periods have lapsed, or the final action has occurred on any appeal. Permits shall not be issued and land uses or construction shall not commence for any use or structure involved in any application required by this Code until the final effective date of the required approvals.

(Code 1972, § 19.54.030; Ord. No. 1103, 6-2002; Ord. No. 1325, § 4(Exh.), 3-29-2016; Ord. No. 1369, § 4(att. 3), 8-28-2018; Ord. No. 1449, § 4(Att. A), 2-11-2025; Ord. No. 1467, § 4(Exh. 2), 1-13-2026)

Sec. 19.54.040. - Findings of approval for discretionary applications.

(a)

Zone Change. The purpose of a zone change is to ensure the city can modify land use requirements to reflect the changing needs of the area and ensure compatibility with the city's general plan. Prior to granting approval of a zone change application the following findings shall be adopted:

(1)

The proposed zoning is consistent with the general plan land use map and applicable general plan objectives, policies, and programs.

(2)

The proposed zoning is compatible with or provides adequate buffering of adjoining uses.

(3)

The proposed zoning is a logical extension of the existing zoning pattern.

(b)

Specific plans. The purpose of a specific plan is to allow the city to prepare unique policies and development standards which respond to the specific needs of individual projects. Prior to granting approval of a specific plan application the following findings shall be adopted:

(1)

The specific plan is consistent with the general plan land use map and applicable general plan objectives, policies, and programs.

(2)

The specific plan provides adequate text and diagrams to adequately address the following issues in detail:

a.

The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan.

b.

The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.

c.

Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

d.

A program of implementation measures including regulation, programs, public works projects, and financing measures necessary to carry out the provisions contained in paragraphs a, b, and c above.

(c)

Conditional Use Permits. The purpose of a conditional use permit is to assure compatibility of the proposed use with other existing and potential uses within the general area; assure the proposed use is consistent and compatible with the purpose of the zone in which it is located; and, recognize and compensate for potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, and hazards. Prior to granting approval of a conditional use permit the following findings shall be adopted:

(1)

The proposed location of the conditional use is in accord with the objectives of this Title and the purposes of the zone in which the site is located.

(2)

The proposed plan is consistent with the city's general plan and conforms to all specific plans, zoning standards, applicable subdivision requirements, and other ordinances and resolutions of the city.

(3)

The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(4)

The architecture proposed is compatible with community standards and protects the character of adjacent development.

(5)

The landscaping plan ensures visual relief and provides an attractive environment for the public's enjoyment.

(d)

Variances. The purpose of a variance is to allow for deviations from the standards contained in this title. Variances from the terms of the development code shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the development code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Those standards which are determined

administratively or at the discretion of the Planning Commission shall not be subject to the variance provisions. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the development code governing the property. Prior to granting approval of a variance the following findings shall be adopted:

(1)

There are unique physical circumstances applicable to the subject land, including size, shape, topography, location or surroundings. If the reviewing body finds that the physical circumstances are similar to other parcels in the zone, such circumstances are not unique and a variance shall not be granted.

(2)

The strict application of zoning standards deprives the property of the right to use the land in manner enjoyed by other conforming property in the vicinity under identical zoning standards.

(3)

The granting of the variance and any appropriate conditions of approval shall not constitute a grant of special privileges which other conforming property properties in the vicinity do not enjoy under identical zoning standards.

(4)

The granting of the variance will not adversely affect the objectives, policies, and programs contained in the city's general plan.

(e)

Major Modifications to Specific Plans, Conditional Use Permits, Development Plan Reviews, and Variances. Modifications to approved plan can occur due to changes necessitated by other agencies or the desire to refine the plan to meet changing economic or social needs. Major modifications involve significant design changes which could, for example, modify the original character of the development, building, or use, such as an increase in residential densities, diminishment of open space areas, reorientation of building or entrance areas. A minor revision would not violate the intent of any of the standards or conditions or the permit or the zone. The Director of Development Services will be responsible for determining whether or not a proposed modification is deemed significant, depending on the circumstances involved.

(f)

Development plan reviews. The purpose of the Development Plan Review is to protect the health, safety, and welfare of the citizens of the city; to ensure that all development proposed within the city is consistent with the City's General Plan, Zoning Code, any applicable specific plan, and city requirements to protect

and enhance the built and natural environment of the city, identifying and mitigating potential impacts that could be generated by the proposed use, such as traffic, noise, smoke, dust, fumes, vibration, odors, other hazards, or community impacts. The city's review process it shall include the evaluation of certain development impacts and standards, including, but not limited to the following:

(1)

The proposed development is consistent with the allowed Zoning restrictions, in addition to drainage, waste disposal, street dedication, fire safety, and other appropriate regulations.

(2)

The following are constructed and arranged so that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected, and there will be no adverse effect on surrounding property:

a.

Buildings, structures, and improvements.

b.

Parking, vehicular ingress/egress and internal circulation.

c.

Setbacks.

d.

Height of buildings.

e.

Service areas.

f.

Walls and fences.

g.

Landscaping.

h.

Architectural compatibility with zoning standards, applicable specific Plans, and surrounding development.

(3)

All utility facilities are underground, unless otherwise authorized by Perris Municipal Code Chapter 13.04.

(4)

Proposed lighting is located so as to reflect the light away from adjoining properties.

(5)

Proposed signs will not, by size, location, color or lighting, interfere with traffic, limit visibility, contribute to overhead clutter, or create a public nuisance.

(6)

All applicable public easements and rights-of-way have been dedicated or offered for dedication.

(7)

All required infrastructure and improvements are included within the proposed development or the conditions of approval.

(8)

Prior to granting approval of a development plan review the following findings shall be adopted:

a.

The location, size, design, density and intensity of the proposed development and improvements are consistent with the city's general plan, any applicable specific plans, the purposes and provisions of this title, the purposes of the zone in which the site is located, and the development policies and standards of the city.

b.

The subject site is physically suitable, including but not limited to parcel size, shape, access, and availability of utilities and services, for the type of development proposed.

c.

The proposed development and the conditions under which it would be operated or maintained is compatible with abutting properties and will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

d.

The architecture proposed is compatible with community standards and protects the character of adjacent development.

e.

The landscaping plan ensures visual relief and provides an attractive environment for the public's enjoyment.

f.

The safeguards necessary to protect the public health, safety and general welfare have been required for the proposed project.

(g)

Administrative Determinations. The purpose of an administrative determination is to provide a process whereby uses can be administratively added to a particular zone or zones without processing a formal amendment to the zoning ordinance. Prior to granting approval or an administrative determination the following findings shall be adopted:

(1)

The proposed use is consistent with the purpose of the zoning ordinance and the particular zone or zones in which it is to be added.

(2)

The proposed use and its operation are compatible with the uses allowed in the zone.

(3)

The proposed use is similar to one or more uses in the zone or zones it is to be added.

(h)

Minor Adjustments. The purpose of a minor adjustment is to administratively approve deviations from development code standards when the changes are deemed to be minor and will not adversely affect the public health or the safety of adjoining properties. Prior to granting approval of a minor adjustment the following findings shall be adopted:

(1)

The proposed adjustment does not adversely affect the adjoining property owners or uses.

(2)

The proposed adjustment is necessary for the effective operation of the use or associated facilities.

(3)

The necessity for the adjustment is adequately justified, including through the use of special studies.

(i)

Letter of Public Convenience or Necessity. The purpose of the letter of public convenience or necessity is to allow the city to consider requests for issuance alcoholic beverage control permits in areas "undue concentration" and make a determination that the public convenience and necessity would be served by the issuance of a permit. In order for the city to grant such a request, the Director of Development Services shall consider the applicant's request, consult with the city's police chief and city attorney as necessary, review and recommend a course of action to the Planning Commission. The Planning Commission must consider the matter and determine whether the public convenience and necessity would be served by the issuance of a permit. Prior to granting approval of a letter of public convenience or necessity the following findings shall be adopted:

(1)

Applicant has submitted a written request for a letter of public convenience and necessity to the city, indicting the reasons for request.

(2)

The census tract within the project site is located is determined to have an "undue concentration" of alcoholic beverage licenses.

(3)

Applicant has submitted a request for a particular type of alcoholic beverage license, license upgrade, or premises-to-premises transfer.

(4)

License applicant has a valid city issued permit for the associated use, which caters to the needs of the community, by providing public convenience or necessity.

(5)

The issuance of a particular type of alcoholic beverage license, license upgrade, or premises-to-premises transfer will continue to provide for public convenience and necessity.

(j)

Temporary Use Permits. Temporary outdoor events are those uses which shall be allowed provided they comply with existing city ordinances and policies. The actions undertaken by the city in the review and approval of these uses is to ensure each proposed use meets the city's existing regulation and that the applicant is appraised of these requirements. To accomplish this the city will distribute each proposed project, either formally or informally, to affected departments or agencies to obtain their comments and conditions. Upon completion of the city's review a letter shall be issued to the applicant stipulating the requirements/actions that must be taken to comply with existing city requirements. The letter shall attempt to be as comprehensive as possible in an effort to provide the applicant with the greatest amount of information to enable the proper development of the proposed project. The city will not be responsible for enforcing the requirements noted by other agencies. As part of the city's review process it shall evaluate factors including but not limited to the following:

(1)

Compliance with fire department and other life safety criteria.

(2)

Compliance with building department criteria.

(3)

Adequate traffic circulation, ingress/egress and off-site parking.

(4)

Adequate restroom facilities.

(5)

Trash collection and disposal.

(6)

Adequate insurance.

(7)

Adequate security.

(8)

Compliance with city sign regulations in Chapter 19.75.

(Code 1972, § 19.54.040; Ord. No. 1103, 6-2002; Ord. No. 1325, § 4(Exh.), 3-29-2016; Ord. No. 1449, § 4(Att. A), 2-11-2025)

Sec. 19.54.050. - Reserved.

Editor's note— Ord. No. 1449, § 4(Att. A), adopted Feb. 11, 2025, repealed § 19.54.050, which pertained to findings of approval for non-discretionary applications and derived from Code 1972, § 19.54.050; Ord.

No. 1103, adopted June 2002; and Ord. No. 1325, § 4(Exh.), adopted March 29, 2016.

CHAPTER 19.55. - AMENDMENTS AND CHANGES OF DISTRICT BOUNDARIES

Sec. 19.55.010. - Initiation.

The city council may from time to time, after report thereon by the city and after public hearings as hereinafter required in section 19.55.030, amend or change the official land use plan or ordinance. Any such amendment or change of the plan or ordinance may be initiated by the city council.

(Code 1972, § 19.55.010)

Sec. 19.55.020. - Petition by property owners.

(a)

Whenever the owner of any land or building desires an amendment or change in the official land use plan or ordinance as it affects such land or building, the owner or owners shall present to the city clerk on forms provided by the city for this purpose, a petition duly signed and acknowledged by him requesting such change of amendment.

(b)

The city council shall require to be filed with the petition a map showing the boundaries of the area or areas proposed for amendment or change, together with the names and addresses of the owners of all properties therein and within a distance of 300 feet outside the outer boundaries of the area or areas, consistent with chapter 19.56.

(Code 1972, § 19.55.020)

(a)

The city council shall hold at least one public hearing on a petition for proposed amendment or change of the official land use plan or ordinance, notice of the time and place of which shall be published at least once in a newspaper of general circulation in the city at least ten days before the day of such hearing, consistent with chapter 19.56.

(b)

The city clerk shall cause required notices of hearings before the city council to be published without orders from the council, and shall cause the matters involved to be set at the earliest regular meetings consistent with notice requirements.

(Code 1972, § 19.55.030)

Sec. 19.55.040. - Annexation.

(a)

Any property which for any reason is not designated on the zoning map as being classified in any of the zones established by this title shall be deemed to be classified RR/A. Any land hereafter annexed to the city shall receive pre-annexation zoning prior to the recordation of the annexation application. The procedure used complete to pre-annexation zoning shall be consistent with this chapter.

(b)

All property coming into the city shall be subject to all of the provisions of this title, including the provisions concerning nonconforming buildings and uses.

(Code 1972, § 19.55.040)

CHAPTER 19.56. - PUBLIC HEARING PROCEDURES

Sec. 19.56.010. - Setting of hearings.

All proposals requiring a public hearing by the Planning Commission/City Council shall be set by the City Clerk.

(Code 1972, § 19.56.010; Ord. No. 1449, § 4(Att. A), 2-11-2025)

Sec. 19.56.020. - Notice requirements for public hearings.

Applications requiring a public hearing shall contain specific information and be distributed as in the manner prescribed below:

(1)

Notification process. Notice shall be provided in all of the following ways:

a.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

b.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other residential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

c.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, the local agency may utilize records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (1)a of this section is greater than 1,000, the city, in lieu of mailed or delivered notice, may provide notice at

of utilizing the assessment roll, the local agency may utilize records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (1)a of this section is greater than 1,000, the city, in lieu of mailed or delivered notice, may provide notice at

least ten days prior to the hearing by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city.

d.

If the notice is mailed or delivered pursuant to subsection (1)c of this section, the notice shall also either be:

1.

Published at least ten days prior to the hearing pursuant to section 6061 of the California Government Code in at least one newspaper of general circulation within the city.

2.

Posted at least ten days prior to the hearing in at least three public places within the boundaries of the city, including one public place in the area directly affected by the applicant.

e.

In addition to the notice procedures listed above, the city may provide notice of the public hearing in any manner it deems necessary to desirable.

(2)

Contents of notification. The contents of the public hearing notice shall include all of the following:

a.

A title stating "Notice of Proposed ___________" (with the blank space containing the title of the hearing).

b.

The date, time, and place of the public hearing.

c.

The identity of the hearing body.

d.

A general explanation of the matter to be considered.

e.

A general description, in text or as a diagram, of the location of the property to be considered.

(Code 1972, § 19.56.020)

Sec. 19.56.030. - Notice and hearing.

(a)

Upon the filing of an application for public hearing, the director of planning and community development shall provide public notice of the intent to consider the application, as provided in section 19.56.020.

(b)

A public hearing shall be scheduled consistent with the time provisions contained in section 19.56.040 and other applicable requirements, including the California Environmental Quality Act.

(Code 1972, § 19.56.030)

Sec. 19.56.040. - Hearing decision.

Not more than 40 calendar days following the termination of the proceedings of the public hearing, the Planning Commission and/or City Council shall announce its findings by formal resolution or ordinance.

(Code 1972, § 19.56.040; Ord. No. 1449, § 4(Att. A), 2-11-2025)

Sec. 19.56.050. - Continuation of a public hearing.

If, for any reason, testimony on any case set for public hearing cannot be completed on the date set for the hearing, the person presiding at the public hearing may, before adjournment or recess thereof, publicly announce the time and place at which the hearing will be continued. No further notice is required.

(Code 1972, § 19.56.050)

Sec. 19.56.060. - Hearing files.

A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this title and the names of persons testifying shall be recorded and made a part of the permanent files of the case.

(Code 1972, § 19.56.060)

CHAPTER 19.57. - DENSITY BONUSES[[2]]

Footnotes:

--- ( 2 ) ---

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.

Sec. 19.57.010. - Intent and purpose.

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 moderateincome 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)

Sec. 19.57.020. - Definitions.

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.

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.

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)

Sec. 19.57.030. - Applicability.

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)

Sec. 19.57.040. - General provisions.

(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)

Sec. 19.57.050. - Density bonuses, concessions, incentives, and waivers.

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)

Sec. 19.57.060. - Design and distribution of affordable units.

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)

Sec. 19.57.070. - Affordable housing agreement.

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.

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:

1.

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

2.

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

3.

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.

4.

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.

5.

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.

6.

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.

7.

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:

1.

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.

2.

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.

3.

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.

4.

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

5.

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)

Sec. 19.57.080. - Affordable housing implementation plan.

(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)