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Claremont City Zoning Code

CHAPTER 16

014 HOUSING OPPORTUNITY SITE OVERLAY

§ 16.014.000 Intent.

The intent of this chapter is to implement policies and actions set forth in the City of Claremont General Plan's Sixth Cycle Housing Element Update relating to the provision of a mix of housing types, including higher density residential housing that offers housing opportunities to all economic segments of the community while promoting and fortifying community character and vitality. The standards and requirements of this chapter are intended to work in concert with Objective Design Standards for multiple-family residential and mixed-use development called for in the Sixth Cycle Housing Element Update. Together, this chapter and Objective Design Standards shall set forth a regulatory framework for the orderly development of multiple-family residential and mixed-use properties in a manner that provides a desirable living environment for a wide range of residents in a manner that is sensitive and compatible with surrounding development through the provision of high-quality architecture, thoughtful site planning, and sufficient amenities.
(2024-03, 7/9/2024)

§ 16.014.010 Applicability.

This chapter shall apply to all land in the four Housing Opportunity Site Overlay Districts, as set forth in Section 16.014.010, and as depicted on the City of Claremont Zoning Map on file with the Planning Division. Any and every building containing residential units, the premises and land on which the building is located shall be used and occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the Housing Opportunity Site Overlay Districts only in accordance with the applicable sections of this chapter and regulations of this title.
(2024-03, 7/9/2024)

§ 16.014.020 Development permitted.

A. 
This chapter establishes the following four Housing Opportunity Site Overlay Districts:
1. 
MFR 30 Overlay – Multiple-Family Residential with a maximum allowable residential density of 30 dwelling units per acre.
2. 
MFR 60 Overlay – Multiple-Family Residential with a maximum allowable residential density of 60 dwelling units per acre.
3. 
MU 30 Overlay – Mixed-Use Residential and Commercial with a maximum allowable residential density of 30 dwelling units per acre.
4. 
MU 60 Overlay – Mixed-Use Residential and Commercial with a maximum allowable residential density of 60 dwelling units per acre.
B. 
The only uses and development permitted in the Housing Opportunity Site Overlay Districts are those uses and developments permitted in the underlying land use district, along with:
1. 
Multiple-family residential structures and associated accessory buildings, and related recreational and community facilities for the use of the residents of the development. Multiple-family residential structures may be permitted as townhomes, condominiums, apartment buildings, and mixed-use residential and commercial buildings. Residential development in the Housing Opportunity Site Overlay Districts shall have a minimum density of no less than 20 dwelling units per acre.
C. 
Consistent with Section 65583.2(h) of the California Government Code, as amended from time to time or replaced by a successor statute, and Program 4 of the Housing Element (2021-2029) of the City’s General Plan, the Housing Opportunity Site Overlay allows for the ministerial, by-right review and approval of owner-occupied and rental multifamily residential use by right for developments in which at least 20% of the units are affordable to lower income households during the 2021-2029 planning period. “By-right” shall have the same meaning as “use by right” as defined in Section 65583.2(i) of the California Government Code, as amended from time to time or replaced by a successor statute.
(2024-03, 7/9/2024[1])
[1]
Editor's Note: Subsection C was added to comply with state law per Notice of Minor, Non-Substantive Change to Zoning Code Amendment #21-Z01, dated 9/5/2024.

§ 16.014.030 Development standards.

A. 
The development standards in Table 16.014.1 shall apply to properties in the MFR 30 Overlay District:
Table 16.014.1 - MFR 30 Overlay District
Density
Maximum Allowable Density
30 units per acre
1 unit per 1,550 SF of net lot area
Note: All fractional unit calculations shall be rounded down.
Average Unit Size Range
Average unit size must fall within this range:
1,000 – 1,200 SF
At least 10% of all project units shall have three or more bedrooms, except in developments specifically designed for seniors and/or by-right affordable housing developments processed in a ministerial fashion.
Setbacks
Minimum Front Setback (Corridor)1
10 feet
Minimum Front Setback (Neighborhood)2
20 feet
Minimum Interior Side Setback
5 feet
Minimum Street Side Setback
15 feet
Minimum Rear Setback
10 feet
Minimum Interior Side Setback (Adjacent to single-family district)3
Building Height 18 feet or less
5 feet
Building Height 18 – 28 feet
15 feet
Building Height 28 – 40 feet
25 feet
Building Height 40 feet and above
35 feet
Minimum Rear Setback (Adjacent to single-family district)3
Building Height 18 feet or less
10 feet
Building Height 18 – 28 feet
15 feet
Building Height 28 – 40 feet
25 feet
Building Height 40 feet and above
35 feet
Height
Maximum Allowable Height
3 stories/35 feet
Minimum Allowable Plate Height
9 feet
Parking
Rowhouse
2 spaces + 0.25 guest per unit
Apartment Unit (400 – 549 SF)
1 space + 0.25 guest per unit
Apartment Unit (551 – 850 SF)
1.5 spaces + 0.25 guest per unit
Apartment Unit (851+ SF)
2 spaces + 0.25 guest per unit
Outdoor Living Area
Studio
200 SF per unit
1-bedroom
225 SF per unit
2-bedroom
250 SF per unit
3+ bedrooms
275 SF
Outdoor Living Area Standards
Maximum of 40% of outdoor living area shall be provided as private outdoor living area.
Minimum area of 40 SF per unit with minimum dimension of 5 feet in either direction.
Minimum of 60% of outdoor living area shall be provided as common outdoor living area.
Minimum area of 400 SF with a minimum dimension of 15 feet in each direction.
Notes:
1
The Corridor minimum front setback requirement shall apply to Opportunity Sites 24, 31, 36, 37, 38.
2
The Neighborhood minimum front setback requirement shall apply to Opportunity Sites 1, 4, 15, 19, 35, 45.
3
The minimum interior and rear setback requirements shall apply to sites where interior and/or rear property lines are shared with those of a property within a single-family zoning district.
B. 
The development standards in Table 16.014.2 shall apply to properties in the MFR 60 Overlay District:
Table 16.014.2 - MFR 60 Overlay District
Density
Maximum Allowable Density
60 units per acre
1 unit per 775 SF of net lot area
Note: All fractional unit calculations shall be rounded down.
Average Unit Size Range
Average unit size must fall within this range:
700 – 1,000 SF
At least 10% of all project units shall have three or more bedrooms, except in developments specifically designed for seniors and/or by-right affordable housing developments processed in a ministerial fashion.
Setbacks
Minimum Front Setback
15 feet
Minimum Interior Side Setback
5 feet
Minimum Street Side Setback
15 feet
Minimum Rear Setback
10 feet
Height
Maximum Allowable Height
5 stories/60 feet1
Minimum Allowable Plate Height
9 feet
Parking
Rowhouse
2 spaces + 0.25 guest per unit
Apartment Unit (400 – 549 SF)
1 space + 0.25 guest per unit
Apartment Unit (551 – 850 SF)
1.5 spaces + 0.25 guest per unit
Apartment Unit (851+ SF)
2 spaces + 0.25 guest per unit
Outdoor Living Area
Studio
200 SF per unit
1-bedroom
225 SF per unit
2-bedroom
250 SF per unit
3+ bedrooms
275 SF
Outdoor Living Area Standards
Maximum of 40% of outdoor living area shall be provided as private outdoor living area.
Minimum area of 40 SF per unit with minimum dimension of 5 feet in either direction.
Minimum of 60% of outdoor living area shall be provided as common outdoor living area.
Minimum area of 400 SF with a minimum dimension of 15 feet in each direction.
Note:
1 Fourth floor building footprint shall not exceed 75% of overall building footprint (excluding structured parking). Fifth floor building footprint shall not exceed 60% of overall building footprint (excluding structured parking).
C. 
The development standards in Table 16.014.3 shall apply to properties in the MU 30 Overlay District:
Table 16.014.3 - MU 30 Overlay District
Density
Maximum Allowable Density
30 units per acre
1 unit per 1,500 SF of net lot area
Note: All fractional unit calculations shall be rounded down.
Average Unit Size Range
Average unit size must fall within this range:
1,000 – 1,200 SF
At least 10% of all project units shall have three or more bedrooms, except in developments specifically designed for seniors and/or by-right affordable housing developments processed in a ministerial fashion.
Setbacks
Minimum Front Setback
10 feet
Minimum Interior Side Setback
5 feet
Minimum Street Side Setback
15 feet
Minimum Rear Setback
10 feet
Minimum Interior Side Setback (Adjacent to single-family district)1
Building Height 18 feet or less
5 feet
Building Height 18 – 28 feet
15 feet
Building Height 28 – 40 feet
25 feet
Building Height 40 feet and above
35 feet
Minimum Rear Setback (Adjacent to single-family district)1
Building Height 18 feet or less
10 feet
Building Height 18 – 28 feet
15 feet
Building Height 28 – 40 feet
25 feet
Building Height 40 feet and above
35 feet
Height
Maximum Allowable Height
3 stories/42 feet
Minimum Allowable Plate Height (Ground floor)
12 feet
Minimum Allowable Plate Height (Upper Floors)
10 feet
Parking
Rowhouse
2 spaces + 0.25 guest per unit
Apartment Unit (400 – 549 SF)
1 space + 0.25 guest per unit
Apartment Unit (551 – 850 SF)
1.5 spaces + 0.25 guest per unit
Apartment Unit (851+ SF)
2 spaces + 0.25 guest per unit
Outdoor Living Area
Studio
200 SF per unit
1-bedroom
225 SF per unit
2-bedroom
250 SF per unit
3+ bedrooms
275 SF
Outdoor Living Area Standards
Maximum of 40% of open space shall be provided as private outdoor living area.
Minimum area of 40 SF per unit with minimum dimension of 5 feet in either direction.
Minimum of 60% of open space shall be provided as common outdoor living area.
Frontage
70% minimum ground floor frontage shall be comprised of commercial uses. Commercial uses shall have an average interior depth of at least 35 feet and a minimum depth of 20 feet. Maximum 30% of ground floor frontage shall be for residential common uses.
Note:
1 The minimum interior and rear setback requirements shall apply to sites where interior and/or rear property lines are shared with those of a property within a single-family zoning district.
D. 
The development standards in Table 16.014.4 shall apply to properties in the MU 60 Overlay District:
Table 16.014.4 - MU 60 Overlay District
Density
Maximum Allowable Density
60 units per acre
1 unit per 750 SF of net lot area
Average Unit Size Range
Average unit size must fall within this range:
700 – 1,000 SF
At least 10% of all project units shall have three or more bedrooms, except in developments specifically designed for seniors and/or by-right affordable housing developments processed in a ministerial fashion.
Setbacks
Minimum Front Setback
0 feet (at least 15 feet shall be provided between the building face and the street curb)
Minimum Interior Side Setback
5 feet
Minimum Street Side Setback
0 feet (At least 20 feet shall be provided between the building face and the street curb)
Minimum Rear Setback
5 feet
Height
Maximum Allowable Height
5 stories/60 feet
Minimum Allowable Plate Height (Ground floor)
12 feet
Minimum Allowable Plate Height (Upper Floors)
10 feet
Note:
1 Fourth floor building footprint shall not exceed 75% of overall building footprint (excluding structured parking). Fifth floor building footprint shall not exceed 60% of overall building footprint (excluding structured parking).
Parking
Apartment unit (400 – 549 SF)
1 space + 0.25 guest per unit
Apartment unit (551 – 850 SF)
1.5 spaces + 0.25 guest per unit
Apartment unit (851+ SF)
2 spaces + 0.25 guest per unit
Outdoor Living Area
Studio
200 SF per unit
1-bedroom
225 SF per unit
2-bedroom
250 SF per unit
3+ bedrooms
275 SF
Open Space Standards
Maximum of 40% of open space shall be provided as private outdoor living area.
Minimum area of 40 SF per unit with minimum dimension of 5 feet in either direction.
Minimum of 60% of open space shall be provided as common outdoor living area.
Minimum area of 400 SF with a minimum dimension of 15 feet in each direction.
Frontage
70% minimum ground floor frontage shall be comprised of commercial uses. Commercial uses shall have an average interior depth of at least 35 feet and a minimum depth of 20 feet. Maximum 30% of ground floor frontage shall be for residential common uses.
E. 
Outdoor Living Area
1. 
General Requirements
a. 
Outdoor living area may be located within required rear and interior side setback areas. Space includes, but is not limited to, courtyards, terraces, forecourts, gardens, outdoor dining areas, plazas, landscaped areas, patios, swimming pools, barbeque areas, athletic courts or fields, playgrounds, recreation areas, gardens, rooftop amenities, and other similar common areas intended for shared use by building occupants. It shall not include driveways, parking areas or accessory buildings. Recreational amenities shall be required on all projects of four or more units. The amenities shall include one or more of the following: Swimming pool, spa, recreation room with ping pong table and lounge furniture or billiard table, children's play equipment, barbecue and picnic table, tennis court, bocce ball, weight room or sauna, pet friendly amenities including but not limited to drink stations, dog walks/parks, etc., or other similar amenities.
b. 
Landscaping for outdoor living areas shall comply with the yard landscaping requirements in section 16.130.030 and the water efficient landscape requirements of Chapter 16.131.
2. 
Private Outdoor Living Area
a. 
No less than 25% of the required outdoor living area and not more than 40% of the required outdoor living area shall be provided in private outdoor living area. Private outdoor living area shall be provided contiguous to a dwelling unit and may include balconies, decks or patios with at least one side open, if designed and maintained for the exclusive use of the occupants of an individual unit. This required private outdoor living area shall have a minimum area of 40 square feet with a minimum dimension of 5 feet in either direction and shall be reasonably accessible from the dwelling units. In most cases, this area shall be adjacent to, and provide a private usable area for, each dwelling unit.
3. 
Common Outdoor Living Area
a. 
No less than 60% of the required outdoor living area and not more than 75% of the required outdoor living area shall be provided a common outdoor living area. Common outdoor living areas shall have a minimum area of 400 SF with a minimum dimension of 15 feet in each direction. This common open space shall be a well-designed, coherent area that is an essential component of the project's design, not merely space left over after the building mass is placed. Common outdoor living area may also include indoor activity and amenity space that is accessible and available to all building occupants.
b. 
Areas having minimum dimensions of less than 15 feet but at least eight feet at any point which are contiguous with and an integral part of the common open space, may be included in calculating the area of such space.
c. 
Up to 1/2 of covered patio areas designed to be commonly used by residents of a development may be included in calculation of common open space provided such area does not comprise more than 25% of the total common open space.
F. 
Parking.
1. 
If no enclosed parking is provided, lockable storage spaces shall be required. The size of such storage spaces shall not be less than 100 cubic feet per unit, and no dimension for the measurement of the storage space shall be less than three feet.
2. 
Calculation of floor area when determining the required number of parking spaces shall exclude stairwells up to a maximum of 80 square feet, and balconies and patios which are enclosed on no more than three sides.
3. 
For parking area development standards, see Chapter 16.136. Credit may be allowed for uncovered spaces located in front of garage spaces if restricted for the exclusive use of the occupants of the unit served; however, such credit may not be allowed toward visitor parking. Visitor parking shall be individually accessible and evenly distributed throughout the development.
(2024-03, 7/9/2024)