Perris Municipal Code § 19.89.050 Development standards

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)

(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)

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)

(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)

(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:

a. Clubhouse (two);

b. Swimming pool (two);

c. Tennis court (one per court);

d. Basketball court (one per court);

e. Racquetball court (one per court);

f. Weightlifting facility;

g. Children's playground equipment;

h. Sauna;

i. Jacuzzi;

j. Day care facility;

k. Lake or water feature (excluding water fountain);

l. 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)

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)

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)

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)

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)