§ 19.530 — Riverside Zoning Code

19.530.010 - Purpose. ¶

The purpose of this section is to ensure compatibility between wireless telecommunication facilities and adjacent land uses and properties and to avoid any impacts associated with such uses, while encouraging the orderly development of wireless communication infrastructure within the City of Riverside to serve its residents and businesses.

A wireless telecommunications facility is permitted to be sited in the City of Riverside subject to applicable requirements imposed by this chapter, which may include a design review process, a conditional use permit application process, or both. These processes are intended to permit wireless telecommunications facilities that blend with their existing surroundings and do not negatively impact the environment, historic properties, or public safety.

(Ord. 7331 §86, 2016; Ord. 7105 §2, 2010; Ord. 6966 §1, 2007)

19.530.020 - Definitions. ¶

The following abbreviations, phrases, terms and words shall have the meanings assigned in this section, as may be amended from time to time, unless the context indicates otherwise. Words that are not defined in this section or other chapters or sections of the Riverside Municipal Code shall have the meanings as set forth in Chapter 6 of Title 47 of the United States Code, Part 1 of Title 47 of the Code of Federal Regulations, and, if not defined therein, their common and ordinary meaning.

(1)

Antenna means a wireless antenna and its associated equipment (rods, discs, poles, panels, or similar devices) used for the transmission or reception of radio frequency signals. The term includes a macrocell antenna and a microcell antenna.

(2)

Associated equipment means any and all on-site equipment, including, without limitation, back-up generators and power supply units, cabinets, coaxial and fiber optic cables, connections, shelters, radio transceivers, regular power supply units, and wiring, to which a wireless antenna is attached in order to facilitate mobile broadband service and personal wireless service delivered on mobile broadband devices.

(3)

Base-station means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless telecommunications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base-Station includes, without limitation:

(i)

Equipment associated with wireless telecommunications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(ii)

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks).

(iii)

Any structure other than a tower that, at the time the relevant application is filed with the city under this section, supports or houses equipment described in paragraphs (i)-(ii) above and has been previously reviewed and approved by the city.

(4)

Building-mounted means mounted to the side or façade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, or similar structure, but not to include the roof of any structure.

(5)

Carrier on wheels or Cell on wheels (COW) means a portable self-contained facility that can be moved to a location and set up to provide personal wireless services. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

(6)

Collocation means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

(7)

Distributed antenna system (DAS) means a distributed antenna network consisting of one or more nodes connected by a fiber system to a carrier's base transceiver station or other location commonly referred to in the communications industry as an "eNodeB", or "NodeB", or similar designation. DAS's are considered a neutral host facility for the purposes of this chapter.

(8)

Eligible facilities request means any request for modification of an existing tower or base-station that, within the meaning of the Spectrum Act, does not substantially change the physical dimensions of that tower or base-station, and involves (a) the collocation of new transmission equipment, (b) the removal of transmission equipment, or (c) the replacement of transmission equipment.

(9)

Eligible support structure means any existing tower or base-station that exists at the time the application is filed with the city.

(10)

Existing for a constructed tower or base-station means that the tower or base-station has been previously reviewed and approved under the applicable city zoning or siting process, or under another applicable state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is "existing" for purposes of this definition.

(11)

FCC means the Federal Communications Commission or successor agency.

(12)

Fixed wireless antenna facility means an un-staffed facility for the transmission or reception of wireless telecommunications services, commonly consisting of an antenna array, connection cables, a support structure to achieve the necessary elevation, and an equipment facility or subterranean vault to house accessory equipment that may include cabinets, pedestals, shelters and similar protective structures.

(13)

Fixed wireless services means any personal wireless services as defined in the Federal Telecommunications Act of 1996, including federally licensed wireless telecommunications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging and similar services that currently exist or that may be developed in the future.

(14)

Ground-mounted means mounted to a base (e.g. pole, tower or other freestanding structure specifically constructed for the purpose of supporting an antenna or wireless communication facility) placed directly on the ground.

(15)

Project means a WCF to be located in the City of Riverside for which a permit is required by the city.

(16)

RF means radio frequency on the radio spectrum.

(17)

Spectrum Act means Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act of 2012, 47 U.S.C. § 1455(a) (providing, in part, "… a State or local government may not deny, and shall approve, any Eligible Facilities Request for a modification of any existing wireless Tower or Base-Station that does not substantially change the physical dimensions of such Tower or Base-Station.").

(18)

Small cell network(s) means a network consisting of one or more nodes connected, directly or indirectly, by fiber to a carrier's mobile switching center or other point of interconnection. Small cell networks are considered to be neutral host facilities for the purposes of this chapter.

(19)

Stealth facility means any facility that is architecturally integrated into a building or other concealing structure, such that no portion of any antenna, antenna equipment or any other apparatus associated with the function of the facility is visible. A stealth facility may also refer to any ground or building-mounted facility that is designed to mask or blend the facility with the surrounding environment in such a manner to render it unnoticeable to the casual observer. The concealing structure shall have an aesthetically pleasing architectural design which fits into the context of its surroundings.

(20)

Substantially changes means, in the context of an eligible support structure, a modification of an existing tower or base-station where any of the following criteria is met:

i.

For a tower not located in the public rights-of-way:

1.

The height of the tower is increased by (I) more than ten percent, or (II) by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; or

2.

There is added an appurtenance to the body of the tower that would protrude from the edge of the tower by (I) more than 20 feet, or (II) more than the width of the tower at the level of the appurtenance, whichever is greater.

ii.

For a tower located in the public rights-of-way and for all base-stations:

The height of the tower or Base-Station is increased by more than ten percent or ten feet, whichever is greater; or

2.

There is added an appurtenance to the body of that structure that would protrude from the edge of that structure by more than six feet; or

It involves the installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure; or

It involves the installation of any new equipment cabinets on the ground if there is no pre-existing ground cabinet associated with that structure. iii. For any eligible support structure: 1. It involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or 2.

There is entailed in the proposed modification any excavation or deployment outside of the current site of the tower or base-station; or 3. The proposed modification would cause the concealment/camouflage elements of the tower or base-station to be defeated; or 4.

The proposed modification would not comply with the conditions associated with the prior siting approval of construction or modification of the tower or basestation, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding thresholds in this section.

iv.

To measure changes in height for the purposes of this section, the baseline is:

For deployments that are or will be separated horizontally, measured from the original support structure;

For all others, measured from the dimensions of the tower or base-station, inclusive of originally approved appurtenances and any modifications that were approved by the city prior to February 22, 2012. v.

To measure changes for the purposes of this section, the baseline is the dimensions that were approved by the city prior to February 22, 2012.

(21) Support structure means a freestanding structure that is designed and constructed for the specific purpose of supporting an antenna array and that may consist of a tower, mast, self-supporting lattice tower, guy-wire support tower, or other similar structures.

(22)

Tower means any structure built for the sole or primary purpose of supporting any FCC-licensed or -authorized antenna, including any structure that is constructed for wireless telecommunications service. This term does not include a base-station.

(23)

Transmission equipment means equipment that facilitates transmission of any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas and other relevant equipment associated with any necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply.

(24)

Wireless means any Commission-authorized wireless telecommunications service, including broadcast and WiFi.

(25)

Wireless telecommunications facility or WTF means any antenna, associated equipment, base-station, small cell system, tower, and/or transmission equipment located in the City of Riverside.

(26)

Wireless telecommunications service means, without limitation, all FCC-licensed back-haul and other fixed wireless services, broadcast, private, and public safety communication services, and unlicensed wireless services.

(Ord. 7331 §86, 2016; Ord. 7105 §3, 2010; Ord. 6966 §1, 2007)

19.530.030 - Applicability and permit requirements.

Wireless telecommunication facilities and related support structures, as defined herein, are permitted as set forth in Article V, Base Zones and Related Use and Development Provisions, subject to the requirements contained in this chapter.

Following are the use and permit requirements for wireless telecommunication facilities on private properties.

Prohibited facilities.

All wireless telecommunication facilities in the RA-5—Residential Agricultural and RC—Residential Conservation Zones and any other property in the City developed with a residential use.

Conditional Use Permit (CUP).

New wireless telecommunication facilities which do not comply with the applicable site location, operation and development standards contained in this chapter.

Modifications to an existing eligible wireless telecommunication facility support structure that involve a substantial change (as defined herein) to the existing facility and do not comply with the applicable site location, operation and development standards contained in this chapter.

Administrative Design Review (DR).

New stealth wireless telecommunications facilities that comply with the applicable site location, operation and development standards contained in this chapter.

Modifications to an existing eligible wireless telecommunications facility ("Eligible Facilities Request" as defined herein) that do not involve a substantial change to the existing facility.

c.

Carrier on wheels or cell on wheels (COWs) as defined herein in zones where wireless telecommunications facilities are normally permitted, for a period in excess of those time frames for exempt facilities as stipulated in Section 19.530.030.A.4 (d—f) below.

d.

Small cell networks (SASs) and Distributed antenna systems (DASs) as defined herein and other similar networks in zones where wireless telecommunications facilities are normally permitted.

Exempt facilities.

a.

Wireless telecommunications facilities on public properties, as well as within the public right-of-way or within easements.

b.

Modifications to an existing eligible wireless telecommunications facility that involve only a like-for-like exchange of existing equipment or appurtenances or which involve only the addition of equipment within an existing, completely enclosed or fully screened base station.

Antennas used by residential households solely for broadcast radio and television reception.

Antennas and satellites used solely for non-commercial purposes.

e.

COWs placed for a period of not more than 21 days for temporary uses related to special events.

f.

COWs placed for a period of not more than 120 days for temporary use when associated with the replacement of permanent facilities.

g.

COWs placed for a period of not more than 120 days for temporary use after a declaration of an emergency or a disaster by the governor.

B.

At the time of submittal for a conditional use permit or administrative design review, the application shall include all of the information related to the proposed wireless telecommunications facility, including, but not limited to, site plans detailing proposed improvements pursuant to the requirements contained in Chapter 19.710 (Design Review).

C.

For an eligible facilities request, the applicant must specify in writing whether the applicant believes the application is for an eligible facility request subject to the Spectrum Act, and if so, provide a detailed written explanation as to why the applicant believes that the application qualifies as an eligible facilities request.

Any other information to satisfy other requirements, which may be amended from time to time, as required by the Community & Economic Development Department Director, or his/her designee, as publicly stated in the application checklist.

(Ord. 7552 §21, 2021; Ord. 7331 §86, 2016; Ord. 7158 §14, 2012; Ord. 7105 §4, 2010; Ord. 6966 §1, 2007)

19.530.040 - Permit review ("shot clock") time periods.

A.

City review of application materials.

1.

The timeframe for review of an application shall begin to run when the application is submitted, but shall be tolled if the city finds the application incomplete and provides notice of incompleteness that delineates the missing information in writing. Such requests shall be made within 30 days of submission of the application. After submission of additional information, the city will notify the applicant within ten days of this submission if the additional information failed to complete the application.

2.

For applications involving an "Eligible Facilities Request" as defined herein, the city will act on the application within 60 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.

3.

For applications involving modifications to existing facilities that cannot be classified as an "Eligible Facilities Request", the city will act on the application within 90 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.

4.

For applications involving new fixed wireless telecommunication facility sites or neutral host sites (e.g. Distributed Antenna Systems, Small Cell Networks), the city will act on the application within 150 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.

(Ord. 7331 §86, 2016; Ord. 7235 §8, 2013; Ord. 7105 §5, 2010)

19.530.050 - Site location, operation, development standards, and design guidelines. ¶

The development standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to wireless telecommunications facilities and support structures unless otherwise specified here.

A.

Site location, operation, and development standards.

1.

Ground-mounted wireless telecommunications facilities shall be located outside of all required building setbacks of the underlying zone.

For building-mounted stealth wireless telecommunication facilities, materials shall be used that match in color, size, proportion, style, and quality with the exterior design and architectural character of the building or structure. Added architectural elements that are out of character with the existing structure or otherwise direct unnecessary attention to the structure are not permitted.

3.

All wireless telecommunication facilities not exempted from the provisions of this chapter shall be located a minimum of 75 feet from any residential structure.

4.

Ground-mounted stealth wireless telecommunication facilities shall be sited so as to minimize views from the public right-of-way and adjacent properties. Consideration shall be given to placing ground-mounted stealth wireless telecommunications facilities in a manner where buildings or tall trees would reduce visibility of the wireless telecommunication facility.

5.

An antenna, base-station, or tower shall be designed to minimize its visibility from off-site-locations and shall be of a "stealth" design, including concealment, screening, and other techniques to hide or blend the antenna, base-station or tower into the surrounding area.

6.

Wireless telecommunication facilities should not necessitate the removal of any required landscaping or reduce the quantity of landscaping to a level of noncompliance with the Zoning Code.

ii.

Wireless facility height.

a.

Ground-mounted stealth wireless telecommunications facilities shall be permitted up to a maximum height of 60 feet in the O, CR, CG, CRC, BMP, I and AIR Zones.

b.

Building-mounted stealth wireless telecommunications facilities shall be allowed to be installed at a maximum height of 60 feet, or at the height of the tallest building on the property, whichever is greater, in the O, CR, CG, CRC, BMP, I and AIR Zones.

c.

In the RR, RE, R-1, R-3 and R-4 Zones, ground and building-mounted stealth wireless telecommunications facilities of up to 60 feet in height may be established on sites that are not developed with a residential use.

d.

In the MU-V, MU-N and MU-U Zones, ground and building-mounted stealth wireless telecommunications facilities of up to 60 feet in height may be established on sites where residential uses are not a component of the mixed use development.

e.

Modifications to an eligible support structure may exceed the maximum building height limitations within a zoning district, provided they do not constitute a substantial change to the facility.

B.

Design guidelines.

1.

Wireless telecommunications facilities should be located in the following zones by order of preference:

Industrial Zones

Commercial Zones

Office Zones

Residential or Mixed Use Zones (not developed with a residential use)

2.

Wireless telecommunications facilities should be designed/camouflaged by order of preference:

Stealth - Building-mounted

b.

Stealth - Collocation on towers or base-stations

c.

Stealth - New tower or base-station

3.

Stealth wireless telecommunication facility.

a.

Careful consideration of design details including color, texture, and materials shall be made to ensure the stealth design of the wireless telecommunication facility.

Associated equipment shall be enclosed by a decorative block wall.

c.

All ground-mounted wireless telecommunication facilities shall be, at a minimum, designed as stealth facilities. Design techniques shall be employed to minimize visual impacts and provide appropriate camouflage. Additional screening may also be required.

d.

All ground-mounted wireless telecommunication facility components, including all antenna panels, shall be painted or be designed to match the predominant color and/or design of the structure so as to be visually inconspicuous. The use of state-of-the-art technology and implementation of best practices shall be required to ensure high quality design.

e.

A minimum of three live trees with a minimum brown trunk height of 20-feet shall be planted in close proximity to a wireless telecommunications facility designed as a faux tree. The Approving Authority may require additional live mature plantings to assist in mitigating visual impacts of wireless telecommunication facilities designed as faux trees.

f.

Where a wireless telecommunications facility is proposed to be located on a building rooftop, the associated equipment shall be enclosed within an architecturally integrated penthouse or otherwise be completely screened to the satisfaction of the Approving Authority. Required screening shall be decorative, of a design, color, and texture that is architecturally integrated with the building it is on.

4.

Collocated wireless telecommunication facility.

a.

All wireless telecommunication facility components, including all antenna panels, shall be painted or be designed to match the predominant color and/or design of the structure so as to be visually inconspicuous. The use of state-of-the-art technology and implementation of best practices shall be required to ensure high quality design.

b.

Collocation to an existing wireless telecommunication facility shall require the existing facility to be upgraded to meet the design standards for new facilities at the time of submittal. Best design practices shall be used to ensure a high quality stealth design.

Associated equipment.

a.

Associated equipment shall be completely screened. Required screening shall be decorative, of a design, color, and texture that is architecturally integrated with existing structures on the same site.

Landscaping shall be provided around the perimeter of all above-ground associated equipment to effectively mitigate visual and safety impacts. The Approving Authority may require additional live mature plantings to assist in mitigating visual impacts of wireless telecommunication facilities.

(Ord. 7331 §86, 2016; Ord. 7105 §6, 2010)

19.530.060 - Other applicable regulations.

A.

Requirements for all wireless telecommunication facilities.

1.

Safety Standards.

a.

All new wireless telecommunication facilities shall be designed within the applicable American National Standards Institute (ANSI) standards.

b.

No wireless telecommunication facility or combination of facilities shall produce at any time power densities that exceed current FCC adopted standards for human exposure to RF (Radio Frequency Radiation Exposure Standards) fields.

c.

An independent analysis, conducted by a qualified consultant, at the applicant's expense, shall be required to verify compliance with FCC Standards (including Radio Frequency Radiation Exposure Standards). Failure to comply with FCC Standards will result in the immediate cessation of operation of the wireless telecommunication facility. This shall be provided at the time of submittal.

d.

A wireless telecommunication facility shall be installed and maintained in compliance with the requirements of the Uniform Building Code, National Electrical Code, noise standards, and other applicable codes, as well as other restrictions specified in this section. The facility operator and the property owner shall be responsible for maintaining the facility in good condition, which shall include but not be limited to regular cleaning, painting, and general upkeep and maintenance of the site.

e.

In compliance with FAA (Federal Aviation Administration) regulations, safety lighting may be required for support structures.

All wireless telecommunication facilities and Associated Equipment shall be designed to prevent unauthorized persons from accessing and/or climbing them. Walls and landscape materials intended to prevent unauthorized persons from accessing and climbing a wireless telecommunication facility shall comply with Chapter 19.550 - Fences, Walls, and Landscape Materials.

2.

General provisions.

a.

All wireless telecommunication facilities shall not bear any signs or advertising devices other than certification, warning, or other legally required seals or legally required signage.

b.

All wireless telecommunication facilities and related Associated Equipment shall be removed within 90 days of the discontinuation of use and the site shall be restored to its original preconstruction condition. The operator's agreeing to such removal shall be a condition of approval of each permit issued.

Wireless telecommunication facilities and Associated Equipment, including any on-site generator, shall comply with Title 7 - Noise Control of the Riverside Municipal Code.

d.

All wireless telecommunication facilities within an airport influence area will be reviewed by the Planning Division for compliance with the Riverside County Airport Land Use Compatibility Plan. In addition, a determination will be made as to whether FAA (Federal Aviation Regulation) Part 77 review is necessary. e.

All wireless telecommunication facilities shall be reviewed for compliance with the provisions of Title 20 (Cultural Resources) of the Riverside Municipal Code when the wireless telecommunication facility is on the property of, or in proximity to, a potential or designated cultural resource."

(Ord. 7331 §86, 2016)

ARTICLE VIII - SITE PLANNING AND GENERAL DEVELOPMENT PROVISIONS Chapter 19.545 - DENSITY BONUS[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 7609, § 4, adopted October 25, 2022, repealed and reenacted Chapter 19.545 in its entirety to read as herein set out. Formerly, Chapter 19.545, §§ 19.545.010—19.545.130 pertained to similar subject matter, and derived from Ord. No. 6966, § 1, adopted in 2007; Ord. No. 7235, § 9, adopted in 2013; Ord. No. 7331, § 87, adopted in 2016; Ord. No. 7408, § 1, adopted in 2018, and Ord. No. 7573 § 1(Exh. A), adopted in 2021.

19.545.010 - Purpose.

A.

The purpose of this Chapter is to:

1.

Establish procedures for implementing State Density Bonus requirements, as set forth in California Government Code Sections 65915 through 65918, and

2.

Facilitate the development of affordable housing consistent with the goals, objectives, and policies of the Housing Element of the City's General Plan.

B.

This Chapter establishes incentives available to developers to produce housing affordable to very-low, low and moderate-income households, transitional foster youth, disabled veterans, homeless persons, lower-income students, and senior citizens, consistent with State Density Bonus law.

(Ord. 7609 § 4(Exh. B), 2022)

19.545.020 - Applicability.

A.

The provisions of this Chapter shall apply to any residential development project, as defined in Article X - Definitions.

B.

A residential development project that complies with the provisions of Chapter 19.535 (Inclusionary Housing), or any other applicable statute, regulation or law that requires development of affordable housing shall be eligible to receive incentives as set forth in this Chapter.

C.

Any request for a density bonus for a residential development project located within a Compatibility Zone of the Riverside County Airport Land Use Compatibility Plan shall comply with the applicable compatibility criteria of the Compatibility Zone in which is it located.

(Ord. 7609 § 4(Exh. B), 2022)

19.545.030 - General requirements.

A.

Maximum allowable density.

1.

The maximum number of units allowed by the applicable zone for the site shall be multiplied by the density bonus allowance as defined in this Chapter.

2.

A residential development project shall not exceed the cumulative total number of units allowed by the underlying zone and the density bonus units.

B.

Fractional units. Each component of any density calculation resulting in fractional units, including base density and bonus density, shall be separately rounded up to the next whole number.

C.

Discretionary approval.

A request for a density bonus may be incorporated with a regular application to the Planning Division for ministerial or discretionary development approval required by this Title for the proposed residential development project.

2.

The granting of a density bonus, in and of itself, shall not require a General Plan Amendment, Zoning Change, or other discretionary approval.

Mixed category development.

If a residential development project qualifies for a density bonus under more than one category, the applicant shall select the category under which the density bonus is granted.

Unless otherwise stated in this Chapter, density bonuses from more than one category may not be combined.

Any project for which a density bonus is granted under this Chapter is not eligible for an additional density bonus under Chapter 19.780 (Planned Residential Development Permit).

(Ord. 7609 § 4(Exh. B), 2022)

19.545.040 - Residential development project—Eligibility.

Eligible. The City shall grant a density bonus when a residential development project meets at least one of the following criteria:

Five percent of the total units are designated for very low-income households.

Ten percent of the total units are designated for low-income households.

One hundred percent of the units, exclusive of a manager's unit, are designated for very low-, low-, and moderate-income households, with no more than 20 percent of the total units designated for moderate-income households.

Ten percent of the total units are designated for transitional foster youth, disabled veterans, or homeless persons with rents provided at the same affordability level as very low-income units.

5.

Twenty percent of the total units are designated for lower income students as defined by Section 65915 of the California Government Code.

Any senior citizen residential development project as defined in Civil Code Sections 51.3 and 51.12, including residential care facilities for the elderly (RCFEs) that has at least 35 dwelling units or a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 798.76 or 799.5.

7.

Any for-sale project with ten percent of the total units designated for moderate-income households, provided that all units in the development are offered to the public for purchase.

A condominium conversion project where:

Thirty-three percent of the units converted are for low- or moderate-income households; or

Fifteen percent of the units converted are for very low- or extremely low-income households.

The applicant donates at least one acre of land to the City for very low-income units, and the land has the appropriate General Plan designation, Zoning, permits and approvals, and access to public facilities needed for such housing.

B.

Ineligible. Unless units are replaced in conformance with Subsection 19.545.040.C below, an applicant is ineligible for a density bonus or any other incentives, concessions, or waivers under this Chapter if the proposed residential development project involves the removal of rental units that:

1.

Are currently subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low- or very low-income; or

Were:

Vacated or demolished In the five-year period preceding the application; and

Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low- or very low-income; or

Are currently subject to any form of rent or price control; or

Are currently occupied by low- or very low-income households; or

For conversion to condominiums, were previously granted a density bonus, concession, or incentive.

Replacement units. A proposed residential development project that involves the removal of affordable units as set forth in Subsection 19.545.040.B above may request a density bonus, concession, incentive, or waiver if the affordable units are replaced subject to the following:

Occupied units. For dwelling units that are occupied on the date of application:

The proposed residential development project shall provide at least the same number of units containing the same number of bedrooms; and

The units must be made available at affordable rent or affordable sales price to, and occupied by, persons and households in the same or lower income category as current household in occupancy. 2.

Vacant or demolished units. For dwelling units that have been vacated or demolished within the five-year period preceding the application:

The proposed residential development project shall provide at least the same number of units containing the same number of bedrooms as existed at the highpoint of those units in the five-year period preceding the application; and

The units must be made available at affordable rent or affordable sales price to, and occupied by, persons and families in the same or lower income category as the last household in occupancy.

Unknown household income. If the income category of the last household in occupancy is not known, the units shall be replaced in the same proportion of lowerincome renter households to all renter households within the City, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database.

Residential development projects that would result in the removal of affordable units pursuant to this section shall also comply with replacement requirements set forth in California Government Code §66300(d)(2) (also known as SB 330 The Housing Crisis Act) as long as that statute remains in effect.