This Chapter contains the development standards and regulations for the Affordable Housing Overlay Zone established by the City.

The purpose of Chapter 21.28 is to provide standard incentives in Section 21.12.040(b), Affordable Housing, for the development of a wide variety of housing designed, and restricted to persons and families of very low-, low-, and moderate-incomes, as defined by Section 50093 and 50105 of the Health and Safety Code. Only properties designated with this overlay zone may utilize the affordable housing incentives established by the City Council, pursuant to Section 21.12.040(b).

The Affordable Housing Overlay Zone may be requested in any residential zone in accordance with the Zone Change application and hearing requirements of Section 21.06.020. The application of this overlay zone to residential property allows the developer to negotiate developer incentives for the development of affordable housing, pursuant to Section 21.12.040(b).

The permitted uses shall be determined by the base zone of the property on which the Affordable Housing Overlay is established.

All development in this overlay district shall be in accordance with an approved site plan and Conditional Use Permit (Section 21.06.040).

The density shall be determined by the underlying zone of the property on which the Affordable Housing Overlay is established, unless modified by the City Council pursuant to the developer incentive programs of Section 21.12.040(b).

The development standards shall be determined by the underlying zone of the property on which the Affordable Housing Overlay is established, unless modified by the City Council, pursuant to the developer incentive programs of Section 21.12.040(b).

A condition of project approval shall be a common ownership of all designated affordable units, to be maintained in one person, firm, partnership or corporation, and that a covenant binding said owner, or the heirs, executors or assigns thereof, to the use of said property for such housing of very low-, low-, and/or moderate-income residents be recorded in the office of the Riverside County Recorder. Said covenant shall be in the form and fashion approved by the City Attorney prior to recordation, and shall run with the land in favor of the City of Indian Wells, and all tenant occupants of said structure or units, containing therein the agreement and promise of said owner, or the heirs, executors or assigns thereof, that said property will not be used for any purpose other than the housing of very low-, low-, and/or moderate-income residents. No one other than those persons defined as very low-, low-, and/or moderate-income shall occupy any unit constructed and maintained pursuant to this Chapter, and no person shall permit any person to violate this Section. No persons shall rent or provide any housing to any person who may not lawfully occupy the same in accordance with the provisions of this Section.