§ 9.13

(a)

Purpose. The purpose of this Chapter is to provide the public, building and design professionals, and City authorities with objective development criteria for multi-family residential and mixed-use development. The intent is to provide clear design direction that ensures a high-quality environment and enhances the development's architectural character and sense of place.

(b)

Applicability. The provisions of this Chapter apply to any multi-family residential or mixed-use development in all districts.

(c)

Consistency with objective standards. Projects shall comply with all objective City policies and objective development standards as established in this Chapter and/or elsewhere in Title 9.

(1)

Conflicting standards. If there are conflicting standards, the following applies:

a.

Conflicts with other city requirements. If there is any conflict between an objective development standard set forth in this Chapter and an objective standard set forth in another provision of this Title, the more restrictive objective standard shall apply.

b.

Conflicts with State/federal requirements. If there is any conflict between this Chapter and State and/or federal requirements, the State and/or federal requirement shall apply.

(Ord. No. 24-05, § 3, 9-11-2024)

Sec. 9.13.020. - Site design.

(a)

Pedestrian circulation and access.

(1)

General. On-site pedestrian walkways within a development shall connect all areas throughout the site, including residential dwelling units, common open space, vehicle parking areas, bicycle parking areas, waste and recycling enclosures, and other amenities. Pedestrian walkways shall also connect building entrances through the site interior to all transit stops directly adjacent to the site. In addition to these requirements, pedestrian walkways shall comply with all other applicable requirements of Subsection 9.10.060(l) (Standards of design — Sidewalks and pedestrian ways).

(2)

Walkway design. Pedestrian walkways shall provide a minimum width of four feet along their entire length, unless otherwise specified in Subsection 9.10.060.l.2, and shall comply with the Americans with Disabilities Act (ADA) and the requirements below.

a.

Through lot connection. Through lots located more than 300 feet from a public street intersection, measured from the closest point of the lot, shall provide a publicly accessible sidewalk or walkway

connecting the two streets.

b.

Materials. Walkways shall be constructed of firm, durable, stable and slip-resistant materials such as poured-in-place concrete (including stamped concrete), permeable paving, compacted decomposed granite, or concrete pavers.

c.

Paving for pedestrian crossings. Where a pedestrian walkway intersects a vehicle drive aisle or parking area, enhanced paving treatment using patterned and/or colored pavers, painted or colored asphalt, brick, or decorative colored and scored concrete shall be used. Enhanced pedestrian crossings shall have a minimum width of five feet, and span the length of the intersecting drive area. Enhanced paving treatment shall not include logos or symbols.

d.

Landscaping adjacent to pedestrian walkways. Pedestrian walkways shall be flanked on both sides with landscaping at a minimum width of 18 inches on each side, and may include a mix of turf, groundcover, and shrubs. Landscaping shall comply with the provisions of Section 9.05.070 (Landscape and screening).

(b)

Vehicular parking and access. Vehicular parking and access shall comply with the provisions of Chapter 9.06 (Parking). For parking structure design, see Subsection 9.13.040(e) (Parking structures). In addition, projects shall provide the following:

(1)

Primary access. Side street or alley shall serve as the primary vehicular access to parking areas, if available. If not available, the primary street shall serve as vehicular access.

(2)

Parking separation from residential units. Vehicle parking areas shall be located, oriented, and/or screened to prevent visual intrusion of vehicle lights into interior ground-floor residential spaces from the parking area. Where parking areas are located within ten feet of a residential unit, they shall be located within a garage or parking structure, or screened by a solid wall, fence, or landscaping a minimum of six feet in height and meeting the requirements of Section 9.06.100, Visibility at intersections/driveways.

(3)

Electric vehicle (EV) charging. EV ready and EV capable facilities shall be provided in compliance with the California Green Building Standards Code.

(4)

Enhanced driveway paving. Paving treatment using patterned and/or colored pavers, brick, or decorative colored and/or scored concrete shall be used for driveways. The enhanced paving treatment shall be a

minimum of 12 feet deep, measured from the back of curb, and span the width of the entrance driveway where vehicular ingress and egress is provided to the nearest public street as depicted in Figure 9.13.1. Enhanced paving treatment shall not include logos or symbols.

Figure 9.13.1—Enhanced Paving for Driveways

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(5)

Loading and service areas. Loading and service areas shall be located a minimum of 100 feet from any dwelling unit entrance. Required loading and service areas shall comply with the requirements of Subsection 9.06.080(h) (Off-street loading).

(c)

Common open space. Multi-family and mixed-use developments shall provide a minimum of 150 square feet of common, on-site, functional open space per residential dwelling unit.

(1)

Size. Common open space shall have a minimum dimension of ten feet in every direction and a minimum contiguous area of 300 square feet. Landscaping adjacent to pedestrian walkways, as required pursuant to Subsection 9.13.020(a)(2)(d), shall not count towards the common open space requirement.

(2)

Visibility. Unless located on a rooftop, common open space shall be located and arranged to allow visibility into the space from pedestrian walkways into the common open space amenity. Fencing or barriers enclosing the common open space shall be designed to have a minimum 80 percent of the surface area to be transparent.

(3)

Number of common open spaces. Projects shall provide separate common open space proportionate to the number of dwelling units as set forth below and in Subsection 9.13.020(c)(4).

a.

Three to 25 dwelling units. A minimum of one common open space.

b.

Twenty-six to 50 dwelling units. A minimum of two common open spaces.

c.

Fifty-one to 75 dwelling units. A minimum of three common open spaces.

d.

Seventy-six or more dwelling units. A minimum of four common open spaces.

(4)

Types of common open space. The following are types of common open space that may be provided to fulfill the requirement of this Section.

a.

Children's play area. Children's play area, with a minimum of four pieces of play equipment, designed for children of all abilities and ages five years and younger. The space shall provide a minimum of: three benches or lounging furniture (at least one covered by an overhead shade canopy or evergreen tree), two secured-in-place waste and recycling receptacles, and three shade trees anticipated to provide shade for a minimum of 25 percent of the area at maturity. Trees shall meet the minimum size requirements at installation as stated in Section 9.05.070.

b.

Gathering or picnic area. Gathering or picnic area located either at ground level, or on rooftops. The gathering or picnic area shall provide a minimum of four picnic tables or pieces of lounge furniture, and two barbecue grills/fire pits all located a minimum of 20 feet away from any openable window or door on any dwelling units. The area shall also provide shade structures, or trees anticipated to provide shade for a minimum of 25 percent of the area at maturity. Trees shall meet the minimum size requirements at installation as stated in Section 9.05.070. Gathering areas shall not be located on roofs directly adjacent to single-family zoning districts.

c.

Plaza or courtyard. Open or semi-enclosed area providing a transitional space between the interior and exterior of a building, or a transitional space between private and public areas. The plaza or courtyard shall provide a minimum of: four benches, two tables with seating, and two drinking fountains. At least one water feature, sculptural artwork, or bulletin board/information kiosk shall be provided. The area shall also provide trees or shade structures anticipated to provide shade for a minimum of 25 percent of the area at maturity.

d.

Tennis/basketball/multi-use recreational area. A tennis, basketball, or multi-use recreational area or sports court and, if lighted, incorporating shielded light fixtures to avoid spillover into residential units, and consistent with the requirements of Section 9.05.080, Lighting. The space shall provide a minimum of three benches or lounging furniture.

e.

Bocce/pétanque court. A bocce or pétanque court. The space shall provide a minimum of: three benches or lounging furniture (at least one covered by an overhead shade canopy or evergreen tree), two securedin-place waste and recycling receptacles, and three shade trees anticipated to provide shade for a minimum of 25 percent of the area at maturity. Trees shall meet the minimum size requirements at installation as stated in Section 9.05.070.

f.

Dog park. An enclosed, off-leash dog park comprised of at least two of the following: a dog run, relief area, and/or wash area, with a minimum size of 500 square feet. The dog run shall include a combination of signage, shade trees, and pet waste bag and disposal stations adjacent to all entrances and exits. The area shall be designed to prevent the illegal discharge of pollutants to the storm drain system and to comply with all applicable water quality control regulations, including but not limited to the provisions set forth in Chapter 5.10, Water Quality Control.

g.

Community swimming pool. Enclosed swimming pool with a minimum size of 800 square feet that includes a minimum of one changing area and restroom. The pool area shall include a minimum of four lounge chairs and two large umbrellas or shade structure(s). The pool area shall include perimeter landscaping of evergreen trees and no fewer than four non-fruiting shade trees.

h.

Walking path or trail. A paved and accessible walking path/trail that is a minimum of five feet wide, onequarter mile long, and is provided with one lighting fixture and a minimum of one bench or two chairs per every 250 linear feet of path or trail. Lighting shall comply with the requirements of Section 9.05.080, Lighting.

i.

Community garden. Community garden provided with a compost bin and a storage shed to accommodate gardening tools. The community garden shall have at least one potable water connection and have irrigation provided to all garden beds. The space shall provide a minimum of: three benches (at least one covered by an overhead shade canopy or evergreen tree), and two secured-in-place waste and recycling receptacles.

(5)

Local park code provisions. Common open space may be used to satisfy the requirements of Chapter 9.11 (Local Park Code).

(d)

Private outdoor space. Multi-family and mixed-use developments shall provide a minimum of 100 square feet of private outdoor space per residential dwelling unit with a minimum dimension of six feet in every direction as shown in Figure 9.13.2. Private outdoor spaces include balconies, patios, decks, terraces, gardens, and yards for the personal use of residents.

Figure 9.13.2—Minimum Dimensions for Private Outdoor Space

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(1)

Where private outdoor space for a dwelling unit is located adjacent to and within ten feet of a window of a neighboring dwelling unit, patio walls or fencing shall be constructed with an opaque material to ensure privacy.

(2)

Screening shall be constructed with openings to provide a minimum surface area of 85 percent as shown in Figure 9.13.3.

Figure 9.13.3-Screening for Private Outdoor Space

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(3)

Local park code provisions. Private outdoor space may not be used to meet the requirements of Chapter 9.11 (Local Park Code).

(e)

Landscaping. Landscaping and screening shall comply with all applicable provisions of Section 9.05.070 (Landscape and screening).

(Ord. No. 24-05, § 3, 9-11-2024)

Sec. 9.13.030. - Architectural style.

Applicants shall incorporate a minimum of three of the architectural style elements listed below into the overall project design. Architectural style elements shall be chosen to reflect Spanish, Mission, and Mediterranean architectural heritages, and shall be incorporated into all multi-family and mixed-use buildings utilizing the specific features listed herein.

(1)

Rounded arches for primary building and unit entries.

(2)

Arcades along ground-floor facades, upper-floor facades, interior courtyards, or in exterior walkways.

(3)

Pergolas located in exterior walkways between buildings, in outdoor common open spaces, or private outdoor spaces.

(4)

Exposed wooden beams in a dark color.

(5)

Accents, balconies, and deck railings in iron or wrought iron materials.

(6)

Decorative vents, canopies, or shutters.

(7)

Recessed windows and precast window trim.

Figure 9.13.4—Examples of Architectural Style Elements

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(Ord. No. 24-05, § 3, 9-11-2024)

(a)

Building form, massing, and articulation.

(1)

Articulation and hierarchy. Buildings shall be designed to differentiate between a defined base; a middle or body; and a top, cornice, or parapet cap. All buildings shall achieve this effect through at least two of the following, and in accordance with the standards stated herein:

a.

Color, texture, or material changes.

b.

Variations, projections, or reveals in the wall plane.

c.

Variations in fenestration size or pattern.

d.

One or more of the following decorative architectural details: arches, balconies, cornices, columns.

(2)

Wall plane variation. Buildings shall not extend more than 50 feet in length without a massing break that is at least a five-foot variation in depth, or an architectural element that provides a massing break. The

architectural element may be a building entrance, courtyard, front porch, upper-story setback, or projections such as stoops, bays, overhangs, and trellises as shown in Figure 9.13.5.

Figure 9.13.5—Wall Plane Variation

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(3)

Roof line variation. Roof lines shall not extend more than a length of 50 feet without at least one change as described below and shown in Figure 9.13.6:

a.

Variation in roof form, such as hip, mansard, gable, shed, and flat with parapet.

b.

Variation in architectural elements, such as parapets or varying cornices.

c.

Variation of roof height of at least 18 inches (as measured from the highest point of each roof line.

Figure 9.13.6—Roof Line Variation

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(4)

Corner buildings. Buildings located on a corner lot shall include one or more of the following features on both street-facing facades, located within 25 feet of the corner of the building closest to the intersection:

a.

An entrance to a ground-floor use or a primary building entrance.

b.

A different material application, color, or fenestration pattern of windows and doors from the rest of the façade.

c.

A change in height of at least 18 inches from the height of the abutting façade as shown in Figure 9.13.7.

Figure 9.13.7—Features for Corner Buildings

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(b)

Building and individual dwelling unit entrances.

(1)

Building entrance.

a.

Building entrance adjacent to parking area. Multi-family residential buildings with 16 or more residential units in a single building shall provide a common building entrance within 50 feet of the primary parking area. Where multiple buildings exist, each building shall include a common entrance within 50 feet of the nearest parking area. For standards related to parking, see Subsection 9.13.020(b) (Vehicular parking and access).

b.

Street-facing building entrance.

1.

Multi-family buildings. Multi-family buildings located within 20 feet of the primary street right-of-way shall have a ground-level building entrance facing that street.

2.

Mixed-use buildings. Mixed-use buildings shall provide a ground-level primary building entrance directly from the public sidewalk. At least one building entrance shall be available for every 100 linear feet of sidewalk.

c.

Articulation of building entrance. Primary building entrances shall provide two or more of the following and as shown in Figure 9.13.8:

1.

Entrance flanked by columns, decorative fixtures, or other similar elements.

2.

Entrance recessed within a large arch or cased decorative opening.

3.

Entrance emphasized by a change in roofline of at least 18 inches, or a tower, to provide a break in the wall façade.

4.

Entrance covered by a large arcade, portico, or formal porch projecting a minimum six feet from the wall façade.

Figure 9.13.8—Building Entrance Articulation

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(2)

Individual dwelling unit entrance.

a.

Exterior unit entrance. All individual exterior unit entrances shall have either a projected sheltering element or be recessed from the main façade; the projection or recess shall have a minimum depth of 24 inches.

b.

Street-facing unit entrance. Each dwelling unit located within 20 feet of a primary street right-of-way shall include at least one street-facing porch, balcony, or patio.

c.

Upper-floor unit entrance. Exterior entrances to individual dwelling units on upper floors are permitted. Exterior corridors on upper floors shall be limited to a maximum horizontal length of 50 linear feet in any direction.

(c)

Windows and openings.

(1)

Spacing. Exterior facing walls shall have a minimum of one window or door every 30 linear feet of horizontal wall length.

(2)

Privacy. Where windows are proposed within ten feet of another building's window, window design shall incorporate one or more of the following:

a.

Window offset of at least 12 inches horizontally from any adjacent building window (edge to edge) so as not to have a direct line-of-sight into adjacent units.

b.

Utilize non-transparent or obscured glazing, such as frosted/patterned glass. Reflective glazing is not permitted.

(3)

Window treatment. Window treatments shall utilize one of the following: a minimum two-inch window recess from the plane of the surrounding exterior wall; a trim a minimum of two inches wide; or a windowsill a minimum of one-half inch depth as shown in Figure 9.13.9.

Figure 9.13.9—Window Treatment

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(d)

Materials and colors.

(1)

Consistency across units. Affordable and market-rate units within the same development shall be constructed of the same materials, colors, and architectural elements as to not be distinguishable from one another in architectural quality and detail.

(2)

Wall material and color. The primary exterior wall material for buildings shall be stucco, stone, sandstone, or limestone. Exterior walls shall be white, cream, beige, or another pale, earth tone color. Exposed plywood and metal panels are prohibited for exterior walls.

(3)

Roof form and material. Roofs shall consist of barrel tiles or flat shingles in ceramic, terracotta, concrete, or composite material, with an eave overhang not to exceed a maximum horizontal length of two feet as shown in Figure 9.13.10.

Figure 9.13.10—Dimension for Roof Eaves

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(4)

Window consistency. Window materials, color, and style shall be the same on all elevations.

(5)

Accent material. Use of two or more accent materials such as glass, tile, brick, stone, concrete, or plaster shall be incorporated to highlight building features.

(6)

Material transition. Changes in material shall occur at inside corners of intersecting walls or at architectural features that break up the wall plane, such as columns as demonstrated in Figure 9.13.11.

Figure 9.13.11—Material Transition

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(e)

Parking structures. For additional standards related to parking, see Subsection 9.13.020(b) (Vehicular parking and access)

(1)

Wall plane variation for parking structures. Parking structures visible from the primary street shall not extend more than 50 feet in length without a two-foot variation in depth in the wall plane.

(2)

Articulation. The exterior of the parking structure shall include one of the following articulation methods as shown in Figure 9.13.12:

a.

Applied materials (tile, brick, decorative block, or stone) extending a minimum two inches from the face of the structure to the facade. Painted concrete, smooth concrete, or stucco walls shall not be considered sufficient articulation.

b.

A combination of two or more of the following decorative architectural features: cut-metal screens, awnings, wrought iron accents, trellises, louvers, decorative grills, and stylistic tilework.

(3)

Vertical plantings. Vertical plantings shall be located between pedestrian and vehicular entrances, windows, and other openings on street facing facades and/or adjacent to residential units. A minimum of one tree shall screen the building façade every 50 linear feet. The tree shall be selected to grow to a minimum of 15 feet tall within two years from time of installation and 40 feet in height at maturity.

Figure 9.13.12—Parking Structures

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(f)

Garages.

(1)

Recessed door. Garage doors shall be recessed a minimum of six inches from the plane of the surrounding exterior wall.

(2)

Landscape element. Where two or more garage doors face the same street within 50 feet of each other, a landscape element, such as landscape planters or climbing/wall plants, shall be provided on the façade between doors as depicted in Figure 9.13.13. Landscaping shall be maintained as to not interfere with the

mechanical movement of the garage door and to comply with the visibility at driveway requirements of Section 9.06.100 of Title 9.

a.

Landscape planters shall provide shrubs and plants that are selected to grow to a minimum of three feet in height at maturity.

b.

Climbing/wall plants shall be selected to grow to a minimum height of eight feet in height at maturity.

Figure 9.13.13—Garage Landscape Element

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(g)

Utilitarian elements.

(1)

Residential private storage. Each residential dwelling unit in a multi-family or mixed-use development that does not have a garage shall be provided with an on-site private storage area to be a minimum size of 200 cubic feet. Closet and cupboard spaces interior or exterior to the residential dwelling unit that are smaller than 200 cubic feet in size do not count cumulatively towards meeting this requirement.

(2)

Bicycle parking. Long-term bicycle parking shall be provided in order to serve residents of multi-family and mixed-use developments.

a.

Number of spaces required. A minimum of one long-term bicycle parking space per dwelling unit shall be provided. Bicycle parking for the non-residential portion of a mixed-use project shall be provided in accordance with the standards of the California Green Building Standards Code

b.

Location. Bicycle parking shall be located on the ground floor on the same site as the multi-family or mixed-use development. At least 50 percent of the required bicycle parking shall be provided in:

1.

An enclosed bicycle locker;

2.

A fenced, covered, locked, or guarded bicycle storage area; or

3.

A secure area within a building or structure.

c.

Accessibility. Each bicycle parking space shall be accessible without moving another bicycle.

1.

Minimum dimensions. Bicycle parking facilities shall provide a minimum area of two feet wide, six feet long, and a minimum of five feet vertical and horizontal clearance per bicycle shall be provided for maneuvering space, and shall be placed to maintain a clear path of travel for pedestrians.

2.

A minimum of two feet of vertical and horizontal clearance shall be provided between a bicycle parking space and adjacent walls, poles, landscaping, street furniture, drive aisles, and/or pedestrian ways.

3.

A minimum of five feet of horizontal clearance shall be provided between bicycle parking and vehicle parking spaces.

4.

Bicycle lockers shall be situated to allow a minimum of five feet clear space at the door for access.

(3)

Trash, recycling, and green waste container enclosures. Trash, recycling, and green waste container enclosures are required for multi-family and mixed-use developments and shall be provided in accordance with the regulations of Section 9.04.090 (Solid waste and recycling facilities). All waste container enclosures shall be located within the building, and/or located within a detached enclosure incorporated into the exterior building design with a solid roof and floor drain, and shall be subject to the following regulations:

a.

Location. Each dwelling unit shall have a trash, recycling, and green waste disposal enclosure located within 250 linear feet, measured from the dwelling unit's primary entrance to the waste container enclosure. All trash, recycling, and green waste enclosures shall be located outside of view from a public right-of-way.

b.

Screening of outdoor enclosures. Outdoor enclosures shall include a solid wall a minimum of six feet in height, and a roof or trellis structure that shields the top of the enclosure from views above.

(4)

Fences and walls.

a.

Fences and walls shall comply with the provisions of Section 9.04.070, (Fences, walls, hedges, and landscape screening).

b.

Where fences and walls of different materials or finishes intersect, a natural transition or break, such as a column or pilaster, shall be provided.

(5)

Digital infrastructure. All residential and mixed-use projects with five or more dwelling units must provide internet access to occupants and users of the development as follows:

a.

Project-wide fiber network infrastructure shall be installed to provide high-speed internet access to all residential units, businesses, and common spaces on-site.

b.

Public access. An indoor common space shall be provided for residents of the development to facilitate free internet access. The space shall include:

1.

Free wi-fi for residents. The manager of the property must provide and maintain the proper hardware and software, including a wi-fi router and internet subscription, to allow residents to access the internet for free while within the indoor common space.

2.

Computer station(s) for resident use (shall include laptop or desktop computer, or tablet, with all necessary hardware and software) with internet access. The number of required computer stations per project is as follows: one computer station for projects with five—20 dwelling units; two computer stations for projects with 21—39 dwelling units; three computer stations for projects with 40 or more dwelling units.

(6)

Solar ready infrastructure. All residential and mixed-use projects with five or more dwelling units must include a residential photovoltaic system, or demonstrate preparation for later installation (i.e., solar ready or "PV ready"). Solar ready facilities shall include the following:

a.

A reserved "PV zone" on the residential roof or site available to accommodate PV panels.

b.

A dedicated area for accommodating PV equipment including meter, disconnect, and inverter, with a minimum area of four square feet, adjacent to the electrical service panel.

c.

Roof structure dead loading and electrical load calculations will be determined during the building permit stage in accordance with the building and electrical codes in effect at the time of issuance.

(7)

Vents and exhaust. All wall-mounted vent and exhaust elements shall be located at interior corners of building walls or behind building elements that conceal them from public view. All flashing, sheet metal vents, exhaust fans/ventilators, and pipe stacks shall be painted to match the adjacent roof or wall material and color.

(8)

Lighting. Lighting shall comply with the provisions of Section 9.05.080, Lighting.

(9)

Screening of mechanical equipment. Equipment and utilities shall comply with the provisions of Subsection 9.04.020(g) (Mechanical equipment) and be screened in accordance with the regulations of Section 9.05.070 (Landscape and screening).

(Ord. No. 24-05, § 3, 9-11-2024)

Sec. 9.13.050. - El Paseo Corridor standards.

(a)

Applicability. This Section applies to any residential and/or mixed-use development along El Paseo between Richard Reese Way and Alma Aldea.

(1)

The intent of these standards is to create an inviting, engaging, pedestrian-oriented "Main Street" environment.

(2)

The standards of this Section apply in addition to other standards of this Chapter. Where there are conflicts between this Section and other objective development standards, the more specific or restrictive development standard shall prevail.

(b)

Pedestrian-oriented public realm. El Paseo shall be maintained as the primary street that connects pedestrians and vehicles between Richard Reese Way and Alma Aldea.

(1)

Sidewalk Along El Paseo. Multi-family and mixed-use development shall provide for sidewalks a minimum of 12 feet in width, measured from back of curb as depicted in Figure 9.13.14.

a.

Pedestrian-oriented street lighting. Pedestrian-oriented street lighting shall be provided in the sidewalk along El Paseo, as established in Subsection 9.13.050(e) (Lighting).

b.

Street trees. Development shall provide for at least one street tree placed within a wrought-iron tree grate every 30 linear feet of sidewalk. The tree shall have a minimum box size of 15 gallons at the time of planting. The tree species shall be selected to grow to a minimum of 15 feet tall within two years from time of installation, with a minimum height of 40 feet at maturity.

c.

Street furniture. Street furniture shall be provided in the sidewalk, with an average of one bench or seating element and one trash receptacle provided, per every 50 linear feet.

Figure 9.13.14—Sidewalk Along El Paseo

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(2)

El Paseo crosswalks. Crosswalks providing pedestrian access across El Paseo or Richard Reese Way shall use an enhanced paving treatment as established in Subsection 9.13.020(a)(2)(c) (Paving for pedestrian crossings). The crosswalk shall have a minimum width of eight feet and shall be raised to the grade of the sidewalk.

(c)

Public gathering spaces. Mixed-use development shall provide a public gathering space along El Paseo between Richard Reese Way and Alma Aldea. Public gathering spaces shall be a minimum of 450 square feet, with a minimum dimension of 15 feet in every direction. At least one public gathering space shall be provided at the intersection of El Paseo and El Corazon. The gathering space shall contain a minimum one pedestrian-oriented, publicly accessible amenity per every 50 square feet that includes a combination of benches, café-style seating, fountains, shade structures, children play structures, public art, planters, and kiosks. Public gathering spaces may be used to fulfill the requirements of Subsection 9.13.020(c) (Common open space).

(d)

Ground floor character.

(1)

Build-to line. All buildings along El Paseo shall have a wall façade located within five feet of the sidewalk required in Subsection 9.13.050(a)(1), for at least 80 percent of the linear building frontage. The linear dimension of any public gathering space required by Subsection 9.13.050(c) that is within five feet of the sidewalk along El Paseo is counted towards this requirement.

(2)

Ground floor use and activity. Residential dwelling units shall not be located within the ground floor space facing El Paseo and within 20 feet of the building frontage. Residential common areas, amenities, and leasing offices are allowed in ground floor spaces facing El Paseo.

(3)

Ground floor height. The ground floor shall have a minimum floor-to-floor height of 15 feet.

(4)

Transparency. Building walls facing El Paseo or any street-facing lot line shall include transparent windows or doors for at least 50 percent of the building wall area located between two and eight feet above the elevation of the sidewalk. No wall may extend in a continuous plane for more than 20 feet without such an opening as demonstrated in Figure 9.13.15. Garages and parking structures are not required to meet the ground floor transparency requirement.

a.

The bottom of any product display window shall not be more than three and a half feet from the elevation of the sidewalk.

b.

Product display windows shall have a minimum height of four feet and be internally lit. Lighting shall comply with the requirements of Section 9.05.080, Lighting.

c.

Transparent or translucent glazing is required on the ground floor façade. Opaque, reflective, dark tinted glass, exterior window stickers, and treatments that obstruct interior views at the street level are not permitted.

Figure 9.13.15—Ground Floor Transparency

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(5)

Landscape planters. Window box planters and planter pots below display windows shall be provided for at least 25 percent of the length of all retail window displays along El Paseo and shall utilize drip irrigation.

(6)

Awnings. Separate awnings shall be provided over individual windows or storefronts. Awnings shall not exceed 20 feet in length.

(e)

Lighting.

(1)

Pedestrian-oriented street lighting. Pedestrian-oriented street lighting shall be provided on the sidewalk along El Paseo and Richard Reese Way. Street lighting style, including luminaires, arms, color, height, and finish shall be consistent with existing City approved lighting for the length of El Paseo between Santa Margarita Parkway and Richard Reese Way. A minimum of one street light shall be provided for every 50 linear feet of sidewalk.

(2)

Wall-mounted lighting. Spotlighting or glare from wall-mounted lighting shall be shielded from residential units. Up to 50 percent of a bulb may be exposed when viewed from the sidewalk on El Paseo or other pedestrian pathways.

(3)

Up-lighting on El Paseo. Up-lighting shall be limited to use for building entrances and the landscape buffer along El Paseo.

(4)

Signage. Signage shall comply with the provisions of Chapter 9.07 (Signs).

(f)

Vehicular parking. The provisions of this Subsection shall replace that of Subsection 9.13.020(b) (Vehicular parking and access).

(1)

Diagonal parking on El Paseo. Parking along El Paseo shall be permitted as one row of diagonal parking spaces on either side of the street.

a.

Space dimensions. Diagonal parking shall be nine feet in width and 18 feet in length.

b.

Space angle. Diagonal parking shall be provided at a 30, 45, or 60-degree angle. The angle of parking is measured linearly along the entire length of the parking space striping to the curb as shown in Figure 9.13.16. Wheel stops shall be provided in accordance with Figure 9.06.2 of Chapter 9.06 (Parking).

Figure 9.13.16—Diagonal Parking on El Paseo

==> picture [360 x 186] intentionally omitted <==

(2)

Loading prohibited on El Paseo. Loading and service areas are prohibited on El Paseo. They shall be located a minimum of 100 feet from any property line along El Paseo, and shall not be visible to a pedestrian on El Paseo at any point.

(3)

Electric vehicle (EV) charging. EV ready and EV capable facilities shall be provided in compliance with the California Green Building Standards Code.

(Ord. No. 24-05, § 3, 9-11-2024)

Chapter 9.14 - Housing Development Project Special Regulations

Sec. 9.14.010. - Purpose.

The purpose of this Chapter is to implement specified provisions of State law pertaining to local regulation of housing development projects, including, but not limited to, the State Density Bonus Law, Government Code Sections 65915 et seq., the Housing Accountability Act, Government Code Section 65589.5, the Housing Crisis Act of 2019, Government Code Section 66300 et seq., the No Net Loss Law, Government Code Section 65863, and the Housing Element Law, Government Code Sections 65580 et seq.

(Ord. No. 24-06, § 4, 9-11-2024)

Sec. 9.14.020. - Review of housing development projects.

(a)

Compliance with State law. Notwithstanding the provisions of Chapter 9.08, all proposed housing development projects shall be reviewed in accordance with requirements and limitations imposed by State law, including, but not limited to, Government Code Sections 65589.5, 65915—65918, 65583, 65584, 65863, 65905.5, 65912.100—65912.105, 65852.24, 65852.28, 65913—65913.16, 65914.7, 65940— 65945.3, 65650—65656, 65660—65688, 66300—66301, and 66499.41. Except to the extent otherwise provided by State law, such review shall ensure that proposed housing development projects comply with

State law and all applicable, objective standards, provisions, conditions and requirements of the General Plan, this Chapter, and other applicable ordinances and policies of the City.

(b)

Delegation of authority to Development Services Director.

(1)

The Development Services Director may prepare fillable application forms for such purposes and may prescribe the type of information to be provided in the application by the applicant for a housing development project. No application shall be accepted unless it is completed as prescribed. All such applications shall require fees to be paid in accordance with a resolution adopted by the City Council.

(2)

The Development Services Director is authorized to review and determine whether an application for a housing development project is consistent and complies with applicable, objective General Plan, zoning, and subdivision standards and criteria within the time period(s) prescribed by law, including, but not limited to, subdivision (j)(2) of Government Code Section 65589.5.

(3)

The Development Services Director is authorized to promulgate, modify, and enforce standard conditions and requirements that apply to approved housing development projects, which implement applicable State, City, and other local agency standards, provisions, and conditions, provided such standard conditions and requirements are consistent with the provisions of this Code and State law.

(4)

The Development Services Director is authorized to review and approve or disapprove applications for all housing development projects requiring ministerial review pursuant to State law or any provision of this Title. Housing development projects subject to ministerial review by the Development Services Director include, but are not limited to, (i) multi-family housing development projects located within the workforce housing overlay (WHO) district or mixed-use (MU) district, in which at least 20 percent of the housing units are affordable to lower-income households; (ii) housing development projects that satisfy the criteria set forth in Government Code Sections 65650 et seq., 65660 et seq., 65852.21 and/or 66411.7, 65852.28 and/or 66499.41, 65912.110 et seq., 65912.120 et seq., 65913.4, or 65913.16 or in Health and Safety Code Section 17021.8; and (iii) any other type of housing development project designated as a "use by right" as defined in Government Code Section 65583.2 or otherwise required by State law to be reviewed ministerially. Except to the extent otherwise provided by State law, housing development projects seeking variances, exceptions, waivers, or modifications to applicable development standards shall not be eligible for ministerial review, and the Development Services Director shall not ministerially approve a proposed housing development project unless it complies with all applicable, objective standards, provisions, conditions and requirements of the General Plan, Title 9 of this Code, and other applicable ordinances and policies of the City. Pursuant to Section 9.08.100, decisions of the Development Services Director may be appealed to the Planning Commission. Except as otherwise provided by State law, a ministerial approval pursuant to this Subsection shall remain valid for two years from the date of the final action establishing

that approval and shall continue remain valid thereafter provided demolition and grading activity on the development site has begun pursuant to a permit issued by the City and is in progress.

(c)

Discretionary review of housing development projects. The provisions of this Subsection shall apply to the consideration of applications for site development permits, conditional use permits, tentative maps, or other quasi-judicial approvals required for the construction or operation of a housing development project, as defined in subdivision (h)(2) of Government Code Section 65589.5, which is not subject to ministerial review by the Development Services Director. In the event of a conflict between the provisions of this Subsection and any other provision of Title 9, the provisions of this Subsection shall apply.

(1)

Hearings. Government Code Section 65905.5 limits the number of hearings the City may conduct in connection with consideration of an application for a housing development project. Therefore, for so long as Government Code Section 65905.5 so provides and remains in effect, no more than five hearings or continued hearings shall be conducted in connection with consideration of an application for a housing development project, unless otherwise agreed to by the applicant or the applicant's designated

representative. A meeting at which a hearing is continued to another date without public testimony or substantial discussion of the project occurring shall not count as one of the five allowed hearings. The final decision-making authority shall consider and either approve, conditionally approve, or disapprove the application at one of the five hearings allowed pursuant to Government Code section 65905.5; provided, however, that, unless otherwise provided by law, the application shall not automatically be deemed approved if the final decision-making authority does not act on the application at one of the five allowed hearings.

(2)

Required findings. Except as otherwise permitted or required by State law, the final decision-making authority shall approve or conditionally approve an application for a site development permit, conditional use permit, tentative map, or other quasi-judicial approval for a housing development project unless it makes written findings for disapproval in accordance with Government Code Section 65589.5. If applicable, the final decision-maker shall also make net loss findings pursuant to Section 9.14.030. The findings set forth in Chapter 9.08 are not required to be made as a prerequisite to approval of a site development permit or conditional use permit for a housing development project.

(3)

Conditions of approval. The final decision-making authority may impose reasonable conditions of approval that are necessary to ensure that a proposed housing development project complies with all local, State and federal laws, and that impacts resulting from the development are adequately mitigated, subject to the limitations set forth in subdivisions (d) and (j) of Government Code Section 65589.5.

(4)

Environmental review. Except as otherwise provided by law, a discretionary permit or approval for a housing development project shall not be approved until all applicable provisions of the California

Environmental Quality Act (CEQA) have been complied with.

(Ord. No. 24-06, § 4, 9-11-2024)

Sec. 9.14.030. - No net loss.

(a)

Purpose. The purpose of this section is to implement the No Net Loss Law and the "no net loss" provisions of the Housing Crisis Act.

(b)

Definitions. The following definitions shall apply for purposes of this Section:

Housing Crisis Act means and refers to the provisions set forth in Chapter 12 of Division 1 of Title 7 of the Government Code, commencing with Section 66300, as such provisions may be amended from time to time.

Housing Element parcel means and refers to any parcel of land identified in the City's General Plan Housing Element Sites Inventory described in subdivision (a)(3) of Government Code Section 65583, or in a Housing Element program to make sites available pursuant to subdivision (c)(1) of Government Code Section 65583, for residential development to meet the City's share of regional housing need allocated pursuant to Government Code Section 65584.

Lower residential density has the same meaning as defined in the No Net Loss Law. Except as otherwise provided in the No Net Loss Law, lower residential density means fewer residential units in any income category than were (a) projected in the Housing Element Sites Inventory to be accommodated on a Housing Element site or (b) projected in a Housing Element program to be developed on a Housing Element site.

No Net Loss Law means and refers to the provisions of Government Code Section 65863, as such provisions may be amended from time to time.

(c)

No Net Loss provisions applicable to all parcels where housing is an allowable use. With respect to land where housing is an allowable use, the Housing Crisis Act limits the City's authority to change the General Plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or to reduce the intensity of land use within an existing General Plan land use designation, specific plan land use designation, or zoning district. Therefore, notwithstanding Sections 9.08.060 or 9.08.070, for so long as the Housing Crisis Act continues to so limit the City's authority, the City shall not be obligated to accept or process an application for a General Plan amendment, zoning map amendment, or zoning text amendment affecting a parcel on which housing is an allowable use if said application requests to change the General Plan land use designation, specific plan land use designation, or zoning applicable to the parcel in a manner that would reduce the parcel's residential development capacity.

(d)

No Net Loss Law provisions applicable to Housing Element parcels.

(1)

Reductions of allowable residential density. Except as otherwise authorized pursuant to the No Net Loss Law, in addition to any other findings required pursuant to Sections 9.08.060, 9.08.070, 9.08.080, 9.08.190, and/or any other applicable provision of this Title, prior to or concurrent with approving any General Plan amendment, specific plan amendment, zoning ordinance, or any other action to reduce, or require or permit the reduction of, the allowable residential density for any Housing Element parcel, the City Council shall make written findings supported by substantial evidence of both of the following:

a.

The reduction of residential density is consistent with the adopted General Plan, including the Housing Element.

b.

The remaining sites identified in the Housing Element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584. This finding shall include a quantification of the remaining unmet need for the City's share of the regional housing need at each income level and the remaining capacity of sites identified in the Housing Element to accommodate that need by income level.

(2)

Approval of development of a parcel at a lower residential density.

a.

Prior to or concurrent with approving an application allowing development of a Housing Element parcel at a lower residential density, the final decision-making authority shall make a written finding supported by substantial evidence as to whether the remaining sites identified in the Housing Element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584. This finding shall include a quantification of the remaining unmet need for the City's share of the regional housing need at each income level and the remaining capacity of sites identified in the Housing Element to accommodate that need by income level.

b.

If the final decision-making authority approves a development project on a Housing Element parcel that results in a lower residential density and does not find that the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing need by income level, the City shall within 180 days identify and make available additional adequate sites to accommodate the City's share of the regional housing need by income level in accordance with the No Net Loss Law. This subdivision shall not be interpreted to require the City to approve an application for any permit or legislative action associated with a proposed development project. However, pursuant to the No Net Loss Law, the

final decision-making authority for a permit for a proposed housing development project may not disapprove that permit on the basis that its approval would require the City to identify and make available additional adequate sites to accommodate the City's share of the regional housing need.

(3)

Applicant responsibility. If an applicant for a development project or land use permit requests in its initial application, as submitted, a non-residential development or a mixed-use or residential development at a residential density that would result in the remaining sites in the Housing Element not being adequate to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584, the applicant shall assist the City to comply with the No Net Loss Law as follows:

a.

The applicant shall identify and include with its application a list of additional potential candidate sites to accommodate the shortfall in the City's share of the regional housing need by income level that would result from the proposed development project, along with such evidence as is reasonably requested by the Development Services Director necessary to show that such candidate sites are adequate sites pursuant to Government Code Section 65583.2 and proof that the owner or owner(s) of each such candidate site

consents to rezoning and/or identification of the site in the Housing Element. To the extent allowed by State law, sufficient additional adequate sites must be identified before the application may be deemed complete.

b.

The applicant shall fund and/or provide outreach to property owners and tenants of property within the vicinity of candidate sites as required by the Development Services Director, including, without limitation, the mailing of written notices and the advertisement and conduct of community meetings to provide information to interested community members about the identification and/or potential rezoning of the candidate sites.

c.

To the extent permitted by State law, the applicant shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with the identification of candidate sites and determination of their adequacy pursuant to Government Code Section 65583.2 and/or the preparation and processing of any required General Plan and/or zoning amendments. Concurrent with submittal of an application for the proposed development project, the applicant shall execute a reimbursement agreement with the City in a form approved by the City Attorney and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City, as determined by the Development Services Director in his or her reasonable discretion. The City Manager is authorized to execute said reimbursement agreement on behalf of the City.

(Ord. No. 24-06, § 4, 9-11-2024)

Sec. 9.14.040. - Residential density bonus.

(a)

Application. In addition to any other application required for a proposed housing development project, applications for a density bonus or bonuses, incentives or concessions, waivers or reductions of development standards, and/or reduced parking ratios pursuant to Government Code Section 65915— 65918 shall be filed with the planning division. The application shall be filed concurrently with the application or applications for other required project approvals.

(b)

Processing. City staff shall process the application in the same manner as, and concurrently with, the application or applications for other required project approvals.

(c)

Documentation. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus and reduced parking ratios.

(d)

Replacement housing requirement. Pursuant to subdivision (c)(3) of Government Code Section 65915, the applicant will be ineligible for a density bonus or any other incentives or concessions unless the applicant complies with the replacement housing requirements therein, including in the following circumstances:

(1)

The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or

(2)

The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the five-year period preceding the application; or

(3)

The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very low-income households; or

(4)

The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the five-year period preceding the application.

(e)

Density bonus awarded. For a housing development qualifying pursuant to the requirements of Government Code Sections 65915 or 65915.5, the City shall grant a density bonus or bonuses in an amount specified by Government Code Sections 65915 or 65915.5, as those sections may be amended from time to time. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

(f)

Calculation. "Density bonus" means a density increase over the otherwise maximum allowable gross residential density as of the date of application, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. For the purpose of calculating the density bonus, subject to subdivision (o) of Government code Section 65915, the "maximum allowable residential density" or "base density" shall be the greatest number of units allowed to be developed on the parcel(s) under this title, an applicable specific plan, or the Land Use Element of the General Plan.

(g)

Incentives/concessions. The City shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d).

(h)

Physical constraints. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:

(1)

The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

(2)

The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

(3)

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

(4)

The waiver or reduction of the development standard would be contrary to state or federal law.

(i)

Parking. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p), as that section may be amended from time to time.

(j)

Regulatory agreement. The property owner(s) shall enter into a regulatory agreement with the City pursuant to Section 9.14.050, which satisfies the criteria set forth in subdivision (c) of Government Code Section 65915.

(k)

Density Bonus Law.

(1)

Compliance. The applicant shall comply with all requirements stated in Government Code Sections 65915 —65918. The requirements of Government Code Section 65915—65918, and any amendments thereto, shall prevail over any conflicting provision of this Code.

(2)

Excluded development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915.

(3)

Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of Government Code Sections 65915—65918. Any changes to Government Code Sections 65915—65918 shall be deemed to supersede and govern over any conflicting provisions contained herein.

(Ord. No. 24-06, § 4, 9-11-2024)

Sec. 9.14.050. - Affordable housing regulatory agreements.

(a)

Purpose. The purpose of this Section is to establish minimum requirements and procedures for the preparation, execution, and recording of regulatory agreements establishing covenants to ensure the initial and continued affordability of income-restricted residential dwelling units required to be provided in conjunction with the approval of a development project pursuant a provision of this Code or State law.

(b)

Definitions. As used in this section, the following terms shall have the following meanings:

Affordable units means residential dwelling units required to be made affordable to, and occupied by, households with incomes that do not exceed the limits specified in applicable law for middle income, moderate-income, lower income, very low income, or extremely low income households, as applicable, at an affordable rent or affordable housing cost, pursuant to State law or any provision of this Code.

Owner means the record owner or owners of the parcel or parcels on which affordable units will be located.

Regulatory agreement means an agreement or agreements entered into between the City and/or a public funding source for the project and an owner pursuant to this Section.

(c)

Requirement for regulatory agreement. Whenever an applicant for a development project offers to or is required as a condition of development pursuant to State law or any provision of this Code to construct a specified number or percentage of affordable units, the owner shall enter into a regulatory agreement with the City and/or public funding source(s) meeting the requirements of this section in the form approved by the City Attorney.

(d)

Required provisions of regulatory agreements. Unless otherwise provided by law or authorized by the City Manager, each regulatory agreement shall include provisions addressing or requiring the following:

(1)

Identification of affordable units. The number, affordability level, unit size mix, and location of the affordable units shall be set forth in the regulatory agreement. For mixed income multi-family housing development projects, the regulatory agreement shall contain provisions to ensure that the project complies with the requirements set forth in Health and Safety Code Section 17929.

(2)

Timing of construction. The regulatory agreement shall require that the affordable units be constructed concurrently with or prior to other components of the development project.

(3)

Affordability period for affordable units. The regulatory agreement shall require that the affordable units remain affordable to, and be occupied by, persons and families of the required income level at an affordable rent or affordable housing cost, as applicable, for the minimum period of time required by law. Where a minimum affordability period is not otherwise specified by statute or ordinance, the required affordability period shall be a minimum of 45 years. Determinations of affordable rents, affordable housing costs, and household income levels shall be made in accordance with the regulations published from time to time by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093.

(4)

Annual tenant income verification, compliance reporting, and certification. For projects containing affordable units that will be rented, the regulatory agreement shall include uniform provisions requiring the owner to verify and certify, prior to the initial occupancy, and annually thereafter, that each tenant household occupying each affordable unit meets the applicable income and eligibility requirements established for the affordable unit, and to annually prepare a compliance report and certify that the affordable units are in compliance with the regulatory agreement.

(5)

For-sale affordable units. For projects containing affordable units that will be offered for sale, the regulatory agreement shall include uniform provisions requiring that the initial and/or subsequent buyer(s) of each affordable unit meet the applicable income and eligibility requirements established for the affordable unit and occupy the affordable unit at all times until resale of the affordable unit to another qualified buyer. Where applicable, the regulatory agreement shall contain provisions satisfying the criteria set forth in paragraph (2) of subdivision (c) of Government Code Section 65915. The regulatory agreement shall also require the initial purchaser and, if applicable, each subsequent purchaser, of an affordable unit, to execute and/or record one or more agreements and/or restrictive covenants benefiting and enforceable by the City, which address, among other things, the purchaser's obligations pertaining to certification of income, financing or refinancing of the unit, occupancy of the unit, property maintenance, insurance, periodic certification of compliance with applicable agreement terms, and re-sale of the unit. Such agreements or restrictive covenants may include, without limitation promissory notes, deeds of trust, reimbursement agreements, option agreements, equity sharing agreements, and/or other covenants and regulatory documents necessary to ensure continued compliance with pertinent provisions of applicable law, conditions of approval, and the regulatory agreement for the required affordability period

(6)

Maintenance standards. The regulatory agreement shall contain uniform provisions governing the owner's maintenance obligations and the City's rights in the event the owner fails to adhere to its maintenance obligations.

(7)

Annual compliance report. Each regulatory agreement shall contain provisions requiring the owner to submit an annual compliance report containing specified information to the City in a form reasonably satisfactory to the City Manager and to annually certify that the affordable units are in compliance with the requirements of the regulatory agreement.

(8)

Recordkeeping requirements. The regulatory agreement shall contain uniform provisions requiring the owner to maintain affordable unit sales documents, tenant leases, income certifications, and other books, documents, and records related to the sale or rental of the affordable units and operation of the project for a period of not less than five years after creation of each such record; to allow the City to inspect any such books, documents, or records and to conduct an independent audit or inspection of such records at a

location that is reasonably acceptable to the City Manager upon prior written notice; and to permit the City and its authorized agents and representatives to access the property and examine the housing units and to interview owners, occupants, tenants and employees for the purpose of verifying compliance with the regulatory agreement.

(9)

Marketing and sale of affordable units. For housing development projects containing affordable units that will be offered for sale, the regulatory agreement shall contain uniform provisions addressing (i) how eligible buyers of the affordable units will be solicited, identified, and selected; (ii) procedures for establishing the affordable sales prices of the affordable units; (iii) procedures for verifying the income and eligibility of prospective buyers of the affordable units; and (iv) a description of the responsibilities of an owner or buyer upon resale of an affordable unit.

(10)

Marketing and management plan for rental affordable units. For multi-family housing development projects containing affordable units that will be rented, the regulatory agreement shall contain uniform provisions regarding property management and management responsibilities and shall require the owner to prepare

and obtain the City's approval of a marketing and management plan for the project prior to the issuance of a certificate of occupancy for any portion of the project. The marketing and management plan shall address in detail, without limitation, the following matters: (i) how the owner plans to market the affordable units to prospective tenant households; (ii) procedures for the selection of tenants of affordable units, including a description of how the owner plans to certify the eligibility of tenant households; (iii) procedures for annually verifying income and recertifying the eligibility of tenants of affordable units; (iv) the standard form(s) of rental agreement(s) the owner proposes to enter into with tenants of affordable units; (v) procedures for the collection of rent; (vi) procedures for eviction of tenants; (vii) procedures for ensuring that the required number and unit size mix of affordable units is maintained and that affordable units do not become congregated to a certain area of the building or project; (viii) procedures for complying with the owner's monitoring and recordkeeping obligations; (ix) the owner's property management duties; (x) the owner's plan to manage and maintain the project and the affordable units; (xi) the rules and regulations of the property and manner of enforcement; and (xii) and a program addressing security and crime prevention at the project.

(11)

Provisions regarding Section 8 certificates. For projects containing rental affordable units, the regulatory agreement shall include uniform provisions regarding the acceptance of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successor (i.e., "Section 8 certificates"), which shall include the following requirements and limitations:

a.

The owner shall accept as tenants persons who are recipients Section 8 certificates on the same basis as all other prospective tenants; provided, the owner shall not rent one of the affordable units to a tenant household holding a Section 8 certificate unless none of the housing units not restricted to occupancy by the affordability covenants are available. If the only available housing unit is an affordable unit, the owner

shall no longer designate the housing unit rented to a tenant household holding a Section 8 certificate as an affordable unit, shall designate the next-available housing unit as an affordable unit, and shall make available, restrict occupancy to, and rent such newly designated affordable unit to a qualified tenant at the applicable affordable rent pursuant to the affordability covenants, such that at all times reasonably possible all of the required affordable units shall not be occupied by tenants holding Section 8 certificates.

b.

Furthermore, in the event the owner rents an affordable unit to a household holding a federal certificate, the rental agreement (or lease agreement, as applicable) between the owner, as landlord, and the tenant shall expressly provide that monthly rent charged shall be the affordable rent required for the affordable unit (not fair market rent) and that the rent collected directly from such tenant holding a federal certificate shall be not more than the specified percentage of the tenant's actual gross income pursuant to the applicable federal certificate program regulations; i.e., the rent charged to such tenant under the rental agreement shall be the affordable rent chargeable under the affordability covenant and not fair market rent for the area, as would otherwise be permitted under the applicable federal certificate program.

c.

The owner shall not apply selection criteria to Section 8 certificate holders which are more burdensome than criteria applied to any other prospective tenants.

d.

If and to the extent these restrictions conflict with the provisions of Section 8 of the United States Housing Act of 1937 or any rules or regulations promulgated thereunder, the provisions of Section 8 of the United States Housing Act of 1937 and all implementing rules and regulations thereto shall control.

(12)

Annual monitoring fee. Each regulatory agreement shall contain a provision requiring the owner to reimburse the City for the estimated reasonable costs incurred by the City in administering and monitoring the owner's compliance with the regulatory agreement, including, but not limited to, the City's review of annual compliance reports and conduct of inspections and/or audits.

(e)

Recordation. Each regulatory agreement entered into pursuant to this section shall be recorded as a covenant against the property prior to final or parcel map approval, or, where the development project does not include a subdivision map, prior to issuance of a building permit for any structure in the development project. Except as otherwise authorized by the City Manager, the regulatory agreement shall remain a senior, non-subordinate covenant and as an encumbrance running with the land for the full term thereof, and in no event shall the regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants.

(f)

Delegation of authority. The City Manager is authorized to approve and execute each regulatory agreement and any amendments thereto on behalf of the City. The City shall maintain authority of each regulatory agreement and the authority to implement each regulatory agreement through the City Manager. The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, make and execute further agreements and/or enter into amendments of each regulatory agreement on behalf of City.

(g)

Fees. The City may charge a fee or fees to recover the City's reasonable costs to implement the provisions of this Section. Any such fees shall be adopted by resolution of the City Council.

(h)

Reimbursement of professional fees and costs. To the extent not factored into the fee or fees established pursuant to Subsection (g), in addition to such fees, the development proponent and/or owner shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with preparation of the regulatory agreement and ancillary documents; establishing the affordable sales price and verifying the incomes and eligibility of

prospective buyers of for-sale affordable units; review of the initial marketing and management plan and any amendments thereto; review of annual compliance reports submitted by an owner pursuant to a regulatory agreement; and inspections and audits.

(i)

Preparation of regulatory agreement; reimbursement agreement. Unless otherwise approved by the City Manager, each regulatory agreement shall be prepared by the City at the cost of the applicant and/or owner. Prior to the City commencing preparation of a regulatory agreement, the applicant and/or owner shall execute a reimbursement agreement with the City in a form approved by the City Attorney and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City for preparation of the regulatory agreement, as determined by the Development Services Director in his or her reasonable discretion. The City Manager is authorized to execute said reimbursement agreement on behalf of the City.

(Ord. No. 24-06, § 4, 9-11-2024)

Sec. 9.14.060. - Dwelling unit protection regulations.

(a)

Purpose and applicability. The purpose of this Section is to implement the provisions of the Housing Crisis Act of 2019, which require development project proponents to replace demolished residential dwelling units and protected rental units and to provide relocation assistance and other benefits to existing occupants of demolished protected rental units. This Section applies to all development projects subject to Article 2 of Chapter 12 of Division 1 of Title 7 of the Government Code.

(b)

Definitions. If defined in therein, terms used in this Section shall have the same meaning as defined in Government Code Sections 66300.5—66300.6. Unless otherwise defined in Government Code Sections 66300.5—66300.6, as used in this section, the following terms shall have the following meanings:

Affordable housing cost has the same meaning as defined in Health and Safety Code Section 50052.5.

Affordable rent has the same meaning as defined in Health and Safety Code Section 50053.

Comparable unit shall have the same meaning as the term "comparable replacement dwelling" as defined in Government Code Section 7260; provided, however, that with respect to an occupied protected unit that is a single-family home that will be demolished in conjunction with a proposed development project that consists of two or more dwelling units, a "comparable unit" need not contain more than three bedrooms or have the same or similar square footage or the same number of total rooms.

Development project has the same meaning as defined in Section 9.01.100.

Equivalent size means that the replacement protected units contain at least the same total number of bedrooms as the units being replaced.

Extremely low income households has the same meaning as defined in Health and Safety Code Section 50106.

Housing Crisis Act means and refers the provisions set forth in Article 2 of Chapter 12 of Division 1 of Title 7 of the Government Code, commencing with Section 66300.5, as such provisions may be amended from time to time.

Housing development project has the same meaning as defined in Government Code Section 65905.5.

Lower income households has the same meaning as defined in Health and Safety Code Section 50079.5. Lower income households includes very low income households and extremely low income households.

Protected unit shall have the same meaning as defined in the Housing Crisis Act and includes, but is not limited to, the following:

(1)

Existing or previously demolished residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the five-year period preceding the application submittal date; and

(2)

Existing or previously demolished residential dwelling units that are or were rented by lower or very low income households within the five-year period preceding the application submittal date.

Relocation Assistance Law shall mean Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and its related implementing regulations.

Replace has the same meaning as provided in subparagraphs (B) and (C) of paragraph (3) of subdivision (c) of Government Code Section 65915; provided, however, that for purposes of a development project that

that consists of a single residential unit on a site with a single protected unit, "replace" shall mean that the protected unit is replaced with a unit of any size at any income level.

Replacement protected units means and refers to affordable residential units proposed to be developed to replace one or more protected units.

Very low income households has the same meaning as defined in Health and Safety Code Section 50105. Very low income households includes extremely low income households.

(c)

One-to-one replacement of demolished dwelling units. If, and to the extent required by the Housing Crisis Act, the final decision-making authority shall not approve a housing development project that will require the demolition of one or more residential dwelling units unless the proposed project will create at least as many residential dwelling units as will be demolished in conjunction with the project.

(d)

Replacement of protected units. If, and to the extent required by the Housing Crisis Act, the final decisionmaking authority shall not approve a development project that will require the demolition of one or more occupied or vacant protected units, or that is located on a site where one or more protected units were demolished in the previous five years, unless all applicable requirements, including, but not limited to the following, are complied with:

(1)

Number of total units required. If the project is a housing development project, the project shall include at least as many total dwelling units as the greatest number of permitted dwelling units that existed on the project site within the five-year period preceding the application submittal date.

(2)

Number of replacement protected units required. Unless otherwise provided in the Housing Crisis Act, the development project shall replace all existing occupied or vacant protected units that will be demolished as part of the proposed project and all protected units that were previously located on the project site and demolished on or after January 1, 2020. Any replacement protected units provided will be considered in determining whether a housing development project satisfies the requirements of Government Code Section 65915 and Section 9.14.040.

a.

Projects involving demolition of occupied protected units. If any existing protected units to be demolished are occupied on the date of application submittal, the project shall provide at least the same number of replacement dwelling units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy of the protected units. If a project site containing occupied protected units to be demolished also contains vacant protected units that will be demolished as part of the project, or previously contained protected units that were demolished within the five-year period preceding the application submittal date,

rsons and families in the same or lower income category as those households in occupancy of the protected units. If a project site containing occupied protected units to be demolished also contains vacant protected units that will be demolished as part of the project, or previously contained protected units that were demolished within the five-year period preceding the application submittal date,

the project shall also provide at least the same number of replacement protected units of equivalent size as such protected units, to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income of the existing or last household in occupancy of any protected units is not known, it shall be rebuttably presumed that lower income renter households occupied such protected units in the same proportion of lower income renter households to all renter households within the City of Rancho Santa Margarita, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number.

b.

Projects only involving vacated or demolished protected units. If all protected units on the project site are vacant or have been demolished within the five-year period preceding the application submittal date, the project shall provide at least the same number of replacement protected units of equivalent size as the number of protected units as existed at the highpoint of those units in the five-year period preceding the application submittal date, to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy of the protected units at that time, if known. If the incomes of the persons and families in occupancy of the protected units at the highpoint is not known, it shall be rebuttably presumed that lowincome and very low income renter households occupied these protected units in the same proportion of low-income and very low income renter households to all renter households within the City of Rancho Santa Margarita, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number.

c.

Replacement protected unit size. A replacement protected unit must include at least the same number of bedrooms as the protected unit being replaced; provided, however, that if, and to the extent permitted pursuant to the Housing Crisis Act, a protected unit may be replaced with two or more replacement protected units of the same or a lower income category as the protected unit, provided the cumulative number of bedrooms in the replacement protected units equals or exceeds the number of bedrooms in the protected unit being replaced.

d.

Single-family projects involving a single protected unit. Notwithstanding any other provisions of this Subsection (d)(2), if a development project consists of a single residential unit on a site with a single protected unit, that protected unit may be replaced with a unit of any size at any income level.

(3)

Location of replacement protected units. If the project is a housing development project, replacement protected units shall be constructed on the same site as the demolished protected units being replaced

and integrated into the development project, if feasible. Subject to approval of the final decision-making authority for the City, and to the extent permitted by the Housing Crisis Act, an applicant may develop, or contract with another entity to develop, a replacement protected unit on a different parcel in the City zoned for residential use, provided that (i) an application for development of the replacement protected units on different parcels is made concurrently with an application for all other components of the proposed development project, (ii) the other parcel is zoned for residential use and all objective General Plan, zoning, and other standards and requirements are met, and (iii) the applicant demonstrates that no residential tenants on the other parcel have been or will be displaced as a result of development of the replacement protected unit.

(4)

Timing of construction of replacement units. All replacement units shall be constructed concurrently with or prior to other components of the proposed development project.

(5)

Affordability restrictions. All replacement protected units that will be rented shall be subject to a recorded affordability restriction for at least 55 years. For-sale replacement protected units shall be subject to paragraph (2) of subdivision (c) of Government Code Section 65915.

(6)

Regulatory agreement required. The record owner(s) of the property shall enter into a regulatory agreement with City pursuant to Section 9.14.050.

(e)

Benefits to be provided to occupants of protected units. The final decision-making authority shall not approve a development project subject to the Housing Crisis Act that will require the demolition of one or more occupied protected units, unless the applicant and record owner(s) of the subject site agree to comply with the requirements set forth in this Subsection (g) and to provide any other benefits to existing occupants of protected units required pursuant to the Housing Crisis Act.

(1)

Right to remain in occupancy pending demolition. Any existing occupants of a protected unit to be demolished, regardless of their household income level, shall be allowed to occupy the unit until six months before the start of construction activities on the site. The project proponent and/or record owner of the occupied protected unit shall provide the existing occupants with written notice of the planned demolition, the date the occupants must vacate the unit, and their rights under the Housing Crisis Act. Said notice shall be provided at least six months in advance of the date that the existing occupants must vacate the unit, and a copy shall be concurrently delivered to the Development Services Director.

(2)

Right to return if demolition does not proceed. Any existing occupants of a protected unit to be demolished, regardless of their income level, that are required to leave the unit shall be allowed to return at

their prior rental rate if the demolition does not proceed and the unit is returned to the rental market. This right shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the Development Services Director.

(3)

Right of first refusal for a comparable unit in new housing development project. Except as otherwise expressly provided in this Subsection (e)(3), the record owner(s) of a protected unit that will be demolished shall agree to provide existing occupants of the protected unit that are lower income households with a right of first refusal to rent or purchase a comparable unit available in the new housing development project, or in any required replacement units associated with a new development that is not a housing development project, affordable to the household at an affordable rent or affordable housing cost. The right of first refusal shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the Development Services Director. Notwithstanding the foregoing, this Subsection (e)(3) shall not apply to either (i) a development project that consists of a single residential unit located on a site where a single protected unit is being demolished, (ii) units in a housing development in which 100 percent of the units, exclusive of a manager's unit or units, are reserved for lower income households, unless the occupant of the protected unit qualifies for residence in the new development and providing a comparable unit to the occupant would not be precluded due to unit size limitations or other requirements of one or more funding source of the housing development, or (iii) a development project that is an industrial use and to which the requirement in the Housing Crisis Act to provide replacement units does not apply.

(4)

Relocation benefits.

a.

The applicant and/or the record owner(s) of a protected unit that will be demolished as part of a development project shall provide existing occupants of the protected unit to be demolished that are lower income households with relocation benefits that are equivalent to the relocation benefits required to be paid by public entities pursuant to the Relocation Assistance Law. By way of example, said relocation benefits may include, without limitation, advisory assistance in finding comparable new housing, payment of moving expenses, and rental assistance payments.

b.

The applicant shall engage a qualified third-party contractor or consultant (a "relocation consultant") approved by the Development Services Director to determine the eligibility of occupants for benefits, prepare a relocation plan, and oversee the provision of the required relocation benefits.

c.

The applicant's relocation consultant shall prepare a written relocation plan consistent with the provisions of the Relocation Assistance Law, which plan shall be subject to review and approval by the Development Services Director. The relocation plan shall include, without limitation, provisions addressing the following:

1.

Determination of eligibility requirements;

2.

Identification of eligible occupants;

3.

Occupant interviews and needs assessments;

4.

An evaluation of the availability of comparable replacement housing within the relevant geographic area;

5.

Identification of specific replacement housing options;

6.

The provision for relocation advisory services to affected occupants;

7.

A description of the relocation benefits available to eligible occupants;

8.

A process for the provision of benefits and the submission of benefit claims by eligible occupants;

9.

A process for occupants to appeal benefit determinations; and

10.

Procedures for providing the benefits required pursuant to this Subsection (e), including copies of the required notices, agreements, and other forms needed to implement the provision of said benefits.

d.

Prior to the issuance of a grading or building permit for the development project, the relocation consultant shall provide a letter to the Development Services Director certifying that the relocation process has been completed and that all required relocation benefits have been provided.

(f)

Reimbursement of City's professional fees and costs. If benefits are required to be provided to existing occupants of protected units pursuant to Subsection (e), the applicant shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party

consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with the review of a relocation plan, notices, or other required forms and documents and the monitoring and/or enforcement of compliance with requirements for provision of benefits. Concurrent with or prior to the applicant's submittal of any notice, agreement, plan, or other document requiring approval of the Development Services Director pursuant to Subsection (e), the applicant shall execute a reimbursement agreement with the City in a form approved by the City Attorney and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City, as determined by the Development Services Director in his or her reasonable discretion. The City Manager is authorized to execute said reimbursement agreement on behalf of the City.

(g)

Fees. In addition to the reimbursement of professional fees and costs pursuant to Subsection (f), above, the City may impose a fee or fees to recover the City's other reasonable costs to implement the dwelling unit protection provisions of the Housing Crisis Act and this Section. Any such fees shall be adopted by resolution of the City Council.

(Ord. No. 24-06, § 4, 9-11-2024)