Calimesa City Zoning Code

To encourage the development and availability of housing affordable within the city to a broad range of households with varying income levels;

To promote the city’s goal of adding affordable housing units to the city’s housing stock;

To increase the availability of housing opportunities for low and moderate income house-holds within the city limits in order to protect the economic diversity of the city’s housing stock, and to ultimately reduce traffic, commuting and related air quality impacts within the region, and to encourage the quality of life unique to the city of Calimesa;

To implement policies of the housing element of the general plan, including:

To mitigate the fact that new housing developments increase the local demand for services and thereby expand the need for new low wage jobs, increasing the demand for low income housing in the city; and

To ensure that the imposition of the inclusionary housing requirements occurs at a time when the housing market has improved to a level that the requirements do not unduly hinder or impede housing development projects in the city.

General Requirement. For all residential developments, as defined in CMC § 18.130.020, at least five percent of the total lots or units created must be offered for sale as inclusionary units restricted for owner occupancy by low-income households.

Rounding. In determining the number of inclusionary units required by this section, any decimal fraction less than 0.5 shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole number.

Affordable Sales Price. Inclusionary units must be sold at a price affordable to low-income households, calculated according to the definition in CMC § 18.130.020, or as otherwise described in a city affordable housing policy effective on the date of the planning commission’s approval of the inclusionary housing plan.

Residential dwelling units that are offered for lease rather than for sale.

The reconstruction of any residential units or structures which have been destroyed by fire, flood, earthquake or other act of nature, which are being reconstructed in a manner consistent with the requirements of CMC Title 15.

Residential developments that comply with the density bonus ordinance pursuant to Chapter 18.125 CMC.

Applications deemed complete prior to the effective date of the ordinance codified in this chapter.

A residential project that is the subject of a development agreement or regulatory agreement that expressly provides for exemption from this chapter or provides for a different inclusionary requirement from that specified by this chapter.

Design. Inclusionary units must be comparable in construction quality and exterior design to the market-rate units. Inclusionary units may have different interior finishes and features than market-rate units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing.

Size. The average number of bedrooms in the inclusionary units must equal or exceed the average number of bedrooms in the market-rate units. Inclusionary units shall have the number of bathrooms equal to that of a market-rate unit of the same number of bedrooms. The average unit size of each inclusionary unit shall equal or exceed the average unit size of the market-rate units.

Timing. Inclusionary units shall be provided concurrently with or prior to the related market-rate units. In phased developments, inclusionary units shall be provided in proportion to the number of units in each phase of the residential development.

Duration of Affordability Requirement. As stated in the inclusionary housing affordability covenant, inclusionary units shall be restricted for a minimum of 55 years to ownership by low-income households.

Location. Except as otherwise provided in this chapter, inclusionary units shall be constructed on site and shall be reasonably dispersed throughout the residential development.

Access to Amenities. Households occupying inclusionary units shall have the same access to the amenities and recreational facilities in the residential development as households occupying the market-rate units.

Every residential development to which this chapter applies shall include an inclusionary housing plan as part of the initial application for the development plan, tentative map, or other discretionary approval to which this chapter applies.

No application for a development plan, tentative map, or discretionary approval for a residential development to which this chapter applies may be deemed complete until the accompanying inclu-sionary housing plan, containing the requirements of this section, is received and deemed complete by the community development director.

At any time during the review process, the community development director may require from the applicant additional information reasonably necessary to clarify and supplement the inclusionary housing plan, or determine the consistency of the project’s proposed inclusionary housing plan with the requirements of this chapter.

An inclusionary housing plan must include the following:

Off-Site Construction. The required inclusionary units may be constructed off-site if the planning commission (or the city council on appeal) finds as follows:

Dedication of Land. In lieu of building inclusionary units on site or off site, an applicant may dedicate land to the city (or a city-designated nonprofit housing developer) if the planning commission (or the city council on appeal) finds as follows:

In-Lieu Fee. In lieu of building inclusionary units on site, an applicant may elect, by right, to pay an in-lieu fee as described in CMC § 18.130.075.

An applicant that elects to pay an in-lieu fee shall comply with the following:

The city shall establish a separate fund for affordable housing, and any in-lieu fees collected shall be deposited into this fund. The city shall use monies deposited in this fund to support the development of housing that is affordable and restricted to households earning 80 percent of the area median income or less.

Prior to issuance of a grading permit or building permit, whichever is requested first, an inclusionary housing affordability covenant must be approved and executed by the community development director and the applicant/owners, and recorded against the title of each inclusionary unit.

If the residential development involves the subdivision of land or airspace into individual lots or units and a final map has not been approved and recorded at the time the applicant requests a grading permit or building permit, an interim inclusionary housing affordability covenant shall be recorded against the whole of the property to be subdivided, and shall be replaced by separate recorded inclusionary housing affordability covenants for each lot or unit prior to the sale of any lot, airspace or condominium unit.

Eligibility for Inclusionary Units. No house-hold may purchase or occupy an inclusionary unit unless the city has approved the household’s eligibility as a “low-income household,” and the house-hold and city have executed and recorded an inclusionary housing affordability covenant in the chain of title of the inclusionary unit, as required by CMC § 18.130.080.

Owner Occupancy. A household that purchases an inclusionary unit must occupy that unit as its principal residence, as that term is defined for federal tax purposes by the United States Internal Revenue Service.

Initial Sales Price. The initial sales price of an inclusionary unit shall be set at the affordable sales price.

Transfers and Conveyances. A new inclusionary housing affordability covenant shall be executed upon each change of ownership of an inclusionary unit and upon any transfer or conveyance (whether voluntarily or by operation of law) of an inclusionary unit.

Resale Price. In order to maintain the availability of inclusionary units required by this chapter, the resale price of an inclusionary unit shall be limited to the lesser of the following:

Inheritance of Inclusionary Units. Upon the death of an owner of an owner-occupied inclusionary unit, title in the property may transfer to the surviving joint tenant without respect to the income-eligibility of the household. Upon the death of a sole owner or of all owners of an inclusionary unit and the inheritance of the property by one or more non-income-eligible persons, the property shall be sold to an income-eligible house-hold within one year of the time when the deceased’s estate is settled.

Forfeiture. If an inclusionary unit is sold for an amount in excess of the resale price controls required by subsection (C) of this section, the buyer and the seller shall be jointly and severally liable to the city for the entire purchase price of the unit. Recovered funds shall be used by the city to accomplish its affordable housing goals. Notwithstanding the foregoing, it shall be within the discretion of the city manager to allow the buyer and seller 180 days to cure any violation of the resale price controls.

The requirements of this chapter may be adjusted or waived (in whole or in part) by the city if the applicant demonstrates to the planning commission (or the city council on appeal) that applying the requirements of this chapter would constitute a taking of property without just compensation under the California or federal Constitutions.

The applicant has the burden of providing economic information and other evidence necessary to establish that application of this chapter to the specific residential development would constitute a taking of the property of the proposed residential development without just compensation.

Application for Adjustment or Waiver. An application for an adjustment or waiver shall be accompanied by all of the following information:

Timing of Waiver Request. To receive an adjustment or waiver, the applicant shall make a request of the planning commission for such an adjustment or waiver and demonstrate the appropriateness of the adjustment or waiver when first applying to the planning commission for review and approval of the development plan, tentative tract map, or other discretionary approval triggering compliance with this chapter.

Assumptions. In making a determination on an application to adjust or waive the requirements of this chapter, the planning commission (or the city council on appeal) may assume each of the following when applicable:

Written Determination. Within 60 days of the public hearing on the adjustment or waiver request, the planning commission (or the city council on appeal) shall deny the request unless it finds that:

Modifications to Reduce Obligations. If it is determined that the application of the provisions of this chapter would constitute a taking, the inclusionary housing plan shall be modified to reduce the obligations of this chapter to the extent, and only to the extent, necessary to avoid a taking. If it is determined that no taking would occur, the requirements of this chapter shall apply.

Appeal to the City Council. Any action taken by the planning commission made pursuant to a request for an adjustment or waiver pursuant to this section may be appealed to the city council in accordance with the appeal procedures of CMC § 18.15.080, Hearings and appeals.

No person shall sell an inclusionary unit at a price in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this chapter.

No person shall sell an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this chapter.

No person shall provide false or materially incomplete information to the city or to a seller of an inclusionary unit to obtain occupancy of housing for which that person is not eligible.

Enforcement.