Chapter 19.89 — HOUSING OPPORTUNITY AREAS—OVERLAY ZONE (HOAO) — Perris Zoning Code

Sec. 19.89.010. - General.

The Housing Opportunity Areas Overlay Zone may be applied to lots within Housing Opportunity Areas identified in the currently adopted Housing Element of the General Plan. When the Housing Opportunity Areas Overlay (HOAO) zone is shown on the City's Zoning Map, it will be combined with the underlying zone district or districts. For example, the application of HOAO overlay in the R-10,000 zone shall be shown as "R-10,000-HOAO". Any lot designated by the HOAO zone is subject to the land use and density provisions of the underlying zone district(s), except as provided herein. If provisions in this chapter differ from other provisions of this Code, including the development standards of the underlying zone, the provision of this chapter supersede and shall be applicable and controlling.

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

Sec. 19.89.020. - Purpose and intent.

(a)

Purpose.

(1)

To encourage the development of housing for high-density mixed use, and/or residential developments to accommodate the needs identified in the City of Perris' Regional Housing Needs Assessment (RHNA).

(2)

To ensure that adequate sites are available to provide housing for a mix of income levels.

(3)

To facilitate the development of housing projects which are superior in functional design, quality of construction, appearance, and operational standards.

(b)

Intent. This district is intended to provide a variety of housing types, costs, and densities based on land eligibility, availability of infrastructure, provision of adequate services and recognition of environmental restraint to meet the needs of present and future residents in the City. The intent of the overlay zone is to carry out the policies and objectives of all elements of the General Plan and meet the necessary standards for public health, safety, and general welfare. This includes a by-right, non-discretionary approval process to streamline housing development in order to meet housing needs.

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

Sec. 19.89.030. - Qualifications for eligibility.

Any property within the Housing Opportunity Areas, as listed in the adopted Housing Element for the current RHNA cycle, is eligible for the Housing Opportunity Areas Overlay (HOAO) zone.

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

Sec. 19.89.040. - Uses.

(a)

Permitted Uses. The following uses are permitted:

(1)

Any use that is permitted in the underlying base zone.

(2)

Multiple-family development, including apartments and condominiums, that meet the minimum density set forth in this chapter.

(3)

Mixed-use development that includes a residential component which complies with the minimum density set forth in this chapter.

(b)

Conditionally Permitted Uses. The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 19.61:

(1)

Any use that is conditionally permitted in the underlying base zone.

(2)

Any use that requires open or exterior storage.

(c)

Accessory Uses. The following uses are considered to be incidental to and compatible with permitted and conditionally permitted uses:

(1)

Animals: No more than three small domestic animals of each type of animal.

(2)

Childcare facility: Uses must be consistent with the criteria contained in Chapter 19.83.

(3)

Residential care: Uses must be consistent with the criteria contained in Chapter 19.84.

(4)

Accessory dwelling units: Pursuant to the requirements set forth in Chapter 19.81.

(d)

Temporary Uses. Temporary uses are allowed consistent with the criteria contained in Chapter 19.60.

(e)

Prohibited uses. The following uses shall be prohibited.

(1)

Detached single-family dwellings.

(2)

Industrial uses.

(3)

Large Animals.

(4)

Residential or mixed-use projects that do not meet the minimum density requirements set forth in Section 19.89.050.

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

Sec. 19.89.050. - Development standards.

(a)

General provisions. Refer to Chapter 19.02 for those general criteria applicable to development, such as:

(1)

Building criteria for structures.

(2)

Encroachments/architectural projections.

(3)

Lighting.

(4)

Utilities.

(b)

Lot Size/Dimensions. There shall be no minimum lot size and/or dimensions.

(c)

Minimum Density. No less than 15 dwelling units per acre.

(d)

Maximum Density. No more than 30 dwelling units per acre, unless a density bonus application is approved pursuant to Chapter 19.57.

(e)

Lot Coverage. No maximum lot coverage.

(f)

Height. Maximum height of 55 feet.

(g)

Minimum Setbacks.

(1)

Front - 15 feet.

(2)

Side - 5 feet.

(3)

Street Side - 10 feet.

(4)

Rear - 10 feet for portions of the building that are under 15 feet in height. All other portions of the building shall provide a 20-foot rear setback.

(h)

Building separation. 15 feet between buildings on the same lot.

(i)

Parking. Parking shall be provided per Chapter 19.69 and/or Chapter 19.57, whichever is applicable.

(j)

Building Footprint. The footprint of the second or higher floors shall not exceed 80 percent of the first-floor footprint. Covered and uncovered balconies/decks shall not count toward the second of higher floor footprint if at least one wall is open, and the minimum width and depth of the balcony/deck are 10 feet each.

(k)

Open Space. There shall be a minimum of 150 square feet of common open space per unit, exclusive of driveways and sidewalks. Portions of yards, excluding the front setback, side yard setback, and private open spaces, which are contiguous to all units, pools, paved recreation areas, and indoor recreational facilities may be included in the calculation of common open space.

(1)

For projects with 10 or fewer dwelling units, the common open space may be provided through private open space (private yards or balconies/decks). The minimum width and depth of the private yards or balconies/decks shall be 10 feet.

(2)

For projects with 11 or more dwelling units, the open space shall include a recreational facility. For every 25 dwelling units above 11, an additional recreational facility shall be provided. The following listed amenities satisfy the recreational facilities requirement. In recognizing that certain facilities serve more people, have a wider interest or appeal and/or occupy more land area than others, specified items may be counted as two amenities:

Clubhouse (two);

Swimming pool (two);

Tennis court (one per court);

d.

Basketball court (one per court);

e.

Racquetball court (one per court);

Weightlifting facility;

Children's playground equipment;

Sauna;

Jacuzzi;

Day care facility;

k.

Lake or water feature (excluding water fountain);

Other recreational amenities/facilities as deemed adequate by the Director of Development Services of Development Services.

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

Sec. 19.89.060. - Design guidelines.

All buildings, structures, and projects within the HOAO zone shall comply with the requirements of the Residential Design Guidelines as adopted by the City of Perris.

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

Sec. 19.89.070. - Affordable housing incentive.

In addition to the provisions of Chapter 19.57, any residential or mixed-use project in the Housing Opportunity Area Zone that provides at least 5% of the total units for very-low income households, 10% of the total units for low-income households, or 15% of the total units for moderate income households shall also qualify for the following incentives:

(a)

Incentive/Concession. - One additional development incentive/concession above the number of incentives/concessions to which the project would otherwise be entitled as provided in Chapter 19.57.

(b)

Open Space. - Notwithstanding Section 19.89.050(k), each unit shall be provided with a minimum of 100 square feet of common open space, exclusive of driveways and sidewalks. Portions of yards, excluding the front setback, side yard setback, and private open spaces, which are contiguous to all units, pools, paved recreation areas, and indoor recreational facilities may be included in the calculation of common open space. The recreational facility/amenity requirement set forth in Section 19.89.050(k) shall still apply.

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

Sec. 19.89.080. - Replacement sites.

The City shall not approve a project on any property within the HOAO that has a commercial or industrial base (underlying) zone unless such approval complies with applicable State Law, which may include, without limitation, Government Code Section 65863.

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

Sec. 19.89.090. - Requirements.

To accommodate the lower-income RHNA, rezoned parcels are required to:

(a)

Permit owner-occupied and rental multifamily uses by right pursuant to Government Code section 65583.2(i) for developments in which at least 20 percent of the units are affordable to lower-income households;

(b)

Accommodate a minimum of 16 units per site;

(c)

Require a minimum density of 20 units per acre; and

(d)

Require residential uses to occupy at least 50 percent of the total floor area of a mixed-use project.

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

CHAPTER 19.92. - NO NET LOSS/DENSITY BONUS PROGRAM[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 1459, § 5(Exh. 1), adopted Aug. 26, 2025, set out provisions intended for use as ch. 19.89, §§ 19.89.010—19.89.090. Inasmuch as there were already provisions so designated, said section has been codified herein as ch. 19.92, §§ 19.92.010—19.92.090 at the discretion of the editor.

Sec. 19.92.010. - Purpose.

This Chapter establishes a No Net Loss/Density Bonus Program for certain projects to serve a means to ensure compliance with Senate Bill (SB) 330 no net loss requirements, which are set forth in Government Code Section 66300. The Program established by this Chapter provides for a Density Bonus to become available, concurrent with the approval of any change in zone from a residential use to a less intensive or non-residential use for any property within the City's boundaries, to applicants subsequently seeking to develop property for residential use within the areas of the City identified in this Chapter. This will ensure no net loss of residential capacity within the City as required by SB 330.

(Ord. No. 1459, § 5(Exh. 1), 8-26-2025)

Sec. 19.92.020. - Definitions.

The following definitions apply to this Chapter:

Director means the Director of Development Services of the City of Perris, or his or her designee.

Density Bonus means a density increase granted pursuant to this Chapter of up to the caps specified in this Chapter, or up to the percentages specified in this Chapter above the otherwise-applicable maximum residential density, as applicable.

Density Bonus Agreement means a legally binding agreement between a developer of a Housing Development and the City, utilizing a form containing such terms and conditions as determined necessary or appropriate by the City Attorney, which ensures that the requirements of this Chapter are satisfied with respect to a Housing Development being granted a Density Bonus.

Density Bonus Units means those residential units granted pursuant to the provisions of this Chapter that exceed the maximum residential density for the development site and that are available in the Unit Bank.

Housing Development means a use consisting of residential units, mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.

Maximum Residential Density means the maximum number of residential units permitted by the City's General Plan Land Use Element and zoning designation applicable to the property that is the subject of a Housing Development application, excluding the additional units permitted by this Chapter and excluding any other available density bonuses including those permitted under Perris Municipal Code Chapter 19.57.

Program means the No Net Loss/Density Bonus Program established by this Chapter.

Unit Bank means the number of units available to the Program at any given time. Units enter the Unit bank as a result of a change of zone from a residential use to a less intensive residential use or non-residential use, and are removed from the Unit bank by the granting of Density Bonuses for Housing Developments in accordance with the provisions of this Chapter. The Director shall have the sole authority to administer and maintain the Unit Bank balances, credits and availability as he or she determines, which determination shall be final.

(Ord. No. 1459, § 5(Exh. 1), 8-26-2025)

Sec. 19.92.030. - Requirements for projects to utilize the program to comply with SB 330.

Applicants requesting a general plan amendment, specific plan amendment or zone change of property from a residential land use or zoning designation to a less intensive or manufacturing, business park, or commercial land use, or zoning designation must meet the following requirements to be eligible to propose transfer of the lost residential capacity from the project site to the Unit Bank to comply with SB 330:

(a)

Projects that include industrial warehouses, or distribution facilities are not eligible under the Program. Eligible uses include industrial manufacturing, business parks, and commercial uses.

(b)

The project applicant must submit a written request to the Director to opt in to the Program while the applicant's development project application is pending with the City.

(Ord. No. 1459, § 5(Exh. 1), 8-26-2025)

Sec. 19.92.040. - Requirements for housing developments receiving density bonuses through the program.

The City shall grant a Density Bonus through the Program to Housing Development projects that meet the following criteria:

(a)

The Housing Development project applicant requests the Density Bonus in accordance with Section 19.92.070;

(b)

The Housing Development Project is on a site of at least one acre.

(c)

The Housing Development Project is either:

(1)

In the Riverglen Specific Plan (RSP) area; or

(2)

In a residential zone located outside the RSP area (whether in another specific plan area or not in any specific plan area) provided the project site is located within a two-mile radius of either one of the two existing Metrolink stations in the City, when measured from the nearest property line of the parcel containing the Metrolink station to any property line of the project site.

(d)

No Density Bonus shall be granted for any Housing Development site or portion thereof that is any of the following, as determined by the Director:

(1)

In a conservation area;

(2)

In a high- or very high fire hazard severity zone;

(3)

In the Housing Opportunity Areas Overlay Zone (HOAO);

(4)

In Zone A, B1, or B2 of the March ARB/IP Airport Overlay Zone (MAOZ); or

(5)

Subject to other legally applicable land use compatibility- or density-related restrictions (excluding Maximum Residential Density as defined in this Chapter) or covenants that are inconsistent with the granting of a Density Bonus pursuant to the Program.

(e)

In determining the number of Density Bonus Units to be granted pursuant to this Section, the maximum allowable Density Bonus for the Housing Development project shall be as follows, subject to available Unit Bank balance:

(1)

If the Housing Development site is in the RSP area, up to a residential density of 30 du/per acre inclusive of the Maximum Residential Density and the Density Bonus, subject to applicable General Plan and specific plan limitations;

(2)

If the site is in another specific plan area, up to a 30% increase to the Maximum Residential Density for the project site (or eligible portion thereof), subject to applicable General Plan and specific plan limitations; and

(3)

If the site is in a residential zone that is not within a specific plan area, up to a 30% increase to the Maximum Residential density for the project site (or eligible portion thereof), subject to applicable General Plan limitations.

(f)

Density bonuses in the Program can be combined with other available density bonuses, such as those available under Perris Municipal Code Chapter 19.57.

(g)

The number of Density Bonus Units awarded under the Program shall not exceed the number of units in the Unit Bank.

(h)

A Density Bonus Agreement shall be required for any project seeking a Density Bonus pursuant to this Chapter. Any Density Bonus Agreement shall require consistency with applicable Residential Zone applicable development and parking standards and consistency with applicable Specific Plan development and parking standards.

(Ord. No. 1459, § 5(Exh. 1), 8-26-2025)

Sec. 19.92.050. - Types of bonuses and incentives allowed.

(a)

Density Bonus. The Density Bonus allowed by this Chapter shall consist of those density increases specified in Section 19.92.040 above the Maximum Residential Density.

(b)

Mixed Use Development. Mixed-use development consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use may receive a Density Bonus under the Program if the mixed-use development is permitted by the applicable City zoning designation and the residential portion of the development meets the requirements of this Chapter for Housing Developments. The density bonus will be granted only for the residential portion of the mixed-use development.

(Ord. No. 1459, § 5(Exh. 1), 8-26-2025)

Sec. 19.92.060. - Development standards.

The development standards of the City's applicable zoning designation for the subject property shall be met. Granting a Density Bonus does not constitute approval of or grounds for modification or waiver of any development standard or other requirement of the Perris Municipal Code.

(Ord. No. 1459, § 5(Exh. 1), 8-26-2025)

Sec. 19.92.070. - Processing of program density bonus requests.

Density Bonuses pursuant to this Chapter shall be processed as part of the corresponding Housing Development application. The process for obtaining preliminary approval of the Density Bonus Agreement shall be as follows:

(a)

Filing. An applicant proposing a Housing Development pursuant to this Chapter shall submit an application for a Density Bonus Agreement as part of the submittal of any formal request for approval of a Housing Development. The application, whether a pre-application or a formal application, shall include:

(1)

A brief description of the proposed Housing Development, including the total number of units, and the number of Density Bonus Units proposed;

(2)

The zoning classification and General Plan land use designation and assessor's parcel number(s) of the project site;

(3)

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways, and parking layout;

(4)

If an additional incentive or program available under the Perris Municipal Code or the Housing Element is requested, a description of why the additional incentive or program is applicable to the Density Bonus Units; and

(5)

Any additional information and submittal requirements as noted on the Comprehensive Development Application.

(b)

Review of Program Density Bonus Request.

(1)

Within 90 days of receipt of the complete application for a Density Bonus Agreement, the Director shall provide to the applicant a letter that identifies project issues of concern and the procedures for compliance with this Chapter. However, failure to do so shall not result in the application being deemed approved.

(2)

If additional incentives or programs such as density bonuses under Perris Municipal Code Chapter 19.57 are requested by an applicant in accordance with State law, Title 19 of the Perris Municipal Code, and/or the Housing Element, as applicable, the City shall process such additional requests in accordance with the laws applicable to such requests. If mutually agreed by the parties, provisions related to such other requests may be included in or consolidated with the Density Bonus Agreement, subject to compliance with applicable requirements related to such requests. For example, if a density bonus is requested under Perris Municipal Code Chapter 19.57 based on inclusion of deed-restricted affordable units in the Housing Development, the agreement for such units must be recorded on title to the subject property and meet the other applicable requirements for an Affordable Housing Agreement pursuant to Section 19.57.070.

(Ord. No. 1459, § 5(Exh. 1), 8-26-2025)

Sec. 19.92.080. - Program density bonus agreement. ¶

(a)

The terms of the draft Density Bonus Agreement (the "Agreement") shall be reviewed and revised as appropriate by the City Manager or his/her designee, who shall formulate a recommendation to the applicable approving authority of the Housing Development for final approval.

(b)

At a minimum, the agreement shall include the following:

(1)

The total number of units proposed within the Housing Development;

(2)

A schedule for completion and occupancy of the units;

(3)

A description of any additional incentive being provided by the City under State law, Title 19 of the Perris Municipal Code, or the Housing Element;

(4)

A description of remedies for breach of the agreement by either party;

(5)

Any other provisions necessary or appropriate to ensure implementation and compliance with this Chapter; and

(6)

Provisions related to additional incentives or programs such as density bonuses under Perris Municipal Code Chapter 19.57 that are requested by an applicant in accordance with State law, Title 19 of the Perris Municipal Code, or the Housing Element, if mutually agreed and as provided in Section 19.92.070(b)(2).

(Ord. No. 1459, § 5(Exh. 1), 8-26-2025)

Sec. 19.92.090. - Implementation.

(a)

The provisions of this Chapter shall be administered by the Director, except where otherwise specified. Project approval processes are established in Title 19 of the Perris Municipal Code and applicable specific plans.

(b)

Projects requesting Density Bonuses through the Program are subject to this Chapter in addition to processing through all other applicable provisions of the Title 19 of the Perris Municipal Code and applicable specific plans. Nothing in this Chapter requires the City to grant any zone change or other project approval or otherwise affects the City's decision-making authority or discretion over any project approval.

(Ord. No. 1459, § 5(Exh. 1), 8-26-2025)