(a)

The purpose of this article is to achieve the following:

(1)

Reserve planned neighborhood areas for residential living with a broad range of dwelling unit densities (i.e., low, medium, and high density detached/attached, multifamily, and housing for special needs), consistent with the general plan and appropriate standards of public health, safety, welfare, and aesthetics.

(2)

Facilitate the provision of adequate light, air, privacy, and open space for each dwelling.

(3)

Minimize traffic congestion and avoid the overloading of public services and utilities.

(4)

Protect residential neighborhoods from excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences.

(5)

Facilitate the provision of public improvements commensurate with the anticipated increase in population, dwelling unit densities, and service requirements.

(6)

Designate lands to accommodate housing units which meet the diverse economic needs of the residents; locating development that will retain the scale and character of existing residential neighborhoods.

(b)

The purpose of the individual residential zoning districts is as follows:

(1)

RPD 3.5 (Residential Planned Development) Zone. This zone is intended to provide for low density detached single-family dwellings at a density range of 0 to 3.5 units per gross acre. Additional land uses may be allowed when compatible to and in harmony with a low density residential neighborhood.

(2)

RPD 6.5 (Residential Planned Development) Zone. This zone is intended to provide for low-density, detached and attached single-family dwellings at a density range of 3.51 to 6.5 units per gross acre. Additional land uses may be allowed when compatible to and in harmony with a low/medium-density residential neighborhood.

(3)

RPD 14 (Residential Planned Development) Zone. This zone is intended to provide for medium-density detached and attached single-family dwellings, and multifamily dwellings at a density range of 6.51 to 14 units per gross acre. Additional land uses may be allowed when compatible to and in harmony with a medium-density residential neighborhood.

(4)

RPD 30 (Residential Planned Development) Zone. This zone is intended to provide for medium to high-density dwellings at a density range of 14.1 to 30 units per gross acre. Additional land uses may be allowed when compatible to and in harmony with a medium/high-density residential neighborhood.

(5)

RPD 50 (Residential Planned Development) Zone. This zone is intended to provide for high-density dwellings at a density range of 30.1 to 50 units per gross acre. Additional land uses may be allowed when compatible to and in harmony with a high-density residential neighborhood.

(6)

RPD 80 (Residential Planned Development) Zone. This zone is intended to provide for high-density dwellings at a density range of 50.1 to 80 units per gross acre. Additional land uses may be allowed when compatible to and in harmony with a high-density residential neighborhood.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 21-341, § 4(Exh. A), 10-12-21)

Any use designated as "permitted" by the following list shall comply with the provisions of this code. Any permitted use which will occupy an existing structure (with no structural enlargement) shall comply with the standards contained in this chapter as well as Article III (General Property Development Standards). Additionally, any permitted use which will occupy an existing structure that is to be enlarged, or requires construction of a new structure(s) shall require the approval of a planned development permit pursuant to chapter 9.47.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The following list represents those uses in the residential planned development zones which are permitted (P), subject to a planned development permit (D), a conditional use permit (C), or prohibited (X):

Other similar uses which the director finds consistent with the intent and purpose of the zone.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 03-218, § 1, 7-7-03; Ord. No. 21-341, § 4(Exh. A), 10-12-21)

(a)

General standards. The standards contained in Figure II-1 (Zoning District Development Standards) relating to density, lot area and configuration, structure setbacks, structural lot coverage and height, accessory structure height, distance between structures, and private outdoor living space, apply to all residential zoning districts, and shall be determined to be minimum requirements, unless stated as maximum by this code. All setbacks shall be measured from the applicable property line. The following standards shall apply unless modified by the planned development permit approved by the commission.

FIGURE II-1
ZONING DISTRICT DEVELOPMENT STANDARDS

(b)

Zone specific standards. In addition to the general development requirements contained in chapter 9.20 (Property Development Standards), the following table identifies specific standards which apply* to individual zones:

RESIDENTIAL ZONES
SPECIFIC STANDARDS

*Key: "+" applies and "—" does not apply in the zoning district

(1)

Accessory structures. Accessory structures in residential zones shall be compatible with the materials and architecture of the main dwelling on the property. Accessory structures may be constructed only on a parcel containing a main dwelling unit.

SINGLE-FAMILY DETACHED HOMES

In no case shall a structure, construction, projection, or equipment be placed or occur beyond the actual property lines of the subject parcel.

SINGLE-FAMILY ATTACHED HOMES

Where a building or structure situated on a property such that the front, rear and side property lines are not readily determinable, required setbacks shall be determined by the director in compliance with the following finding:

That the required setbacks for the building or structure will not constitute a grant of special privilege inconsistent with the limitations placed on other properties in the vicinity and/or incompatible with surrounding uses.

(2)

Additional height allowances. When meeting standard setback requirements in the RPD 30, RPD 50, and RPD 80 zone districts, the base maximum structure height and stories apply (Figure II-I). This provision may be modified by the commission as part of a planned development permit application up to a maximum of: 45 feet and three stories in the RPD 30 zone; 65 feet and five stories in the RPD 50 zone; and 75 feet and six stories in the RPD 80 zone, subject to the following:

a.

A visual analysis relating structural proportions, massing, height, setback, and landscape shall be conducted to preserve and enhance the scenic viewshed and minimize visual impacts.

b.

The need and appropriateness of an additional story shall be demonstrated.

c.

Compatibility and harmony with surrounding development, land use designations and zoning shall be demonstrated.

d.

The commission may require setbacks greater than the minimum setbacks stated in Figure II-I.

(3)

Density bonus law. The city adopts California Government Code Section 65915 through and including Section 65918, as existing on the effective date of this ordinance [from which this section derives] and as the same may be amended from time to time hereafter.

(4)

Family day care home development standards. Subject to obtaining a conditional use permit, a large family day care home shall be permitted only in a single-family dwelling comprising the only dwelling on a residentially zoned lot. Large family day care home is defined as a home which provides family day care for seven to 12 children, inclusive, including children under the age of ten years who reside at the home and up to 14 children in accordance with Health and Safety Code § 1597.465. Upon receipt of a complete application for a large family day care home, the director shall process the application pursuant to the following procedures and standards:

a.

Not less than ten days prior to the date on which the director will make an administrative decision on the application, the director shall provide notice of the proposed use by mail or delivery to all owners shown on the latest equalized assessment roll as owning real property within a 100-foot radius of the exterior boundaries of the proposed large family day care home.

b.

A decision on the permit shall be made by the director without a public hearing unless, within the ten-day notification period, a written request for a public hearing is received by the director from either the applicant or other affected person. All decisions of the director may be appealed to the commission.

c.

In the event of a request for a public hearing by the applicant or other affected person; or an appeal of the director's decision, the director shall follow the procedures established in section 9.56 (Hearings and Appeals).

d.

In determining whether a permit should be granted or renewed, the following standards and requirements shall be met:

(i)

The large family day care home shall conform to all property development standards of the zoning district in which it is located.

(ii)

A large family day care home shall not be located within 1,500 feet of another large family day care home. As an exception to the foregoing, a large family day care home may be located within a distance of less than 1,500 feet if the applicant can demonstrate to the city that a need exists for a particular service not provided by the existing large family day care home.

(iii)

Noise from a large family day care home shall not exceed the ambient noise levels associated with a single-family residence as specified in the noise element of the general plan and the noise provisions of the City of Mission Viejo Municipal Code.

(iv)

One off-street parking space shall be provided for each nonresident employee who drives to the large family day care home. The required parking for the dwelling may be used to satisfy this requirement. In addition, a drop off/pick up area, such as a driveway area or adjacent curb space, shall be provided so that children may be safely loaded and unloaded from vehicles.

(v)

No on-site signage shall be permitted.

(vi)

The large family day care home shall contain a fire extinguisher and smoke detector devices and meet all standards established by the state fire marshal.

(vii)

Any large family day care home shall be state licensed and shall be operated according to all applicable state and local health and safety regulations.

(viii)

Instructions prepared by the department augmented by those prepared by the applicant pertaining to traffic and parking matters in conjunction with the operation shall be furnished to all persons placing children at the large family day care home.

(5)

Home occupations. The following provisions are intended to allow for the conduct of home enterprises that are incidental to and compatible with surrounding residential uses. A home occupation represents a legal income-producing activity by the occupant of the dwelling.

a.

Home occupations shall comply with all of the following operating standards:

(i)

The home occupation shall not alter the appearance of the dwelling unit.

(ii)

The home occupation shall be confined completely to one room located within the dwelling. No portion of any garage, carport, or other accessory structure shall be used for home occupation purposes.

(iii)

The home occupation shall not encroach into any required parking, setback, or open space areas.

(iv)

The home occupation shall not generate pedestrian, vehicular, or delivery traffic in excess of that customarily associated with the zoning district in which it is located.

(v)

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises.

(vi)

No truck, van, or commercial vehicle used by the occupant in connection with a home occupation shall be parked on a residential street or in a residential driveway.

(vii)

There shall be no use or storage of material or mechanical equipment unless determined to be part of normal household or hobby use.

(viii)

Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.

(ix)

No use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference, or other hazards or nuisances.

(x)

There shall be no display and sale of merchandise on the premises.

(xi)

There shall be no advertising signs on or off the premises.

(xii)

There shall be no commercial advertising which identifies the site of the home occupation by street address.

(xiii)

Only the occupants of the dwelling may be engaged in the home occupation. Under no circumstances shall persons who do not live in a home be hired to work in an occupation conducted within that home.

(xiv)

If the home occupation is to be conducted on rental property, the property owner's written authorization for the proposed use shall be obtained.

b.

Prohibited home occupation uses. The following list presents example uses that are not incidental to or compatible with residential activities, and are therefore prohibited:

(i)

Adult business.

(ii)

Barber and beauty shop.

(iii)

Businesses that entail the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises.

(iv)

Carpentry and cabinet making.

(v)

Dance club/night club.

(vi)

Fortunetelling (psychic).

(vii)

Furniture refinishing.

(viii)

Gun/rifle shop.

(ix)

Limousine service.

(x)

Medical and dental offices, clinics, and laboratories.

(xi)

Mini storage.

(xii)

Nursery (horticulture).

(xiii)

Photographic studio.

(xiv)

Printing.

(xv)

Repair, fix-it, or plumbing shop.

(xvi)

Silk screening.

(xvii)

Swimming classes.

(xviii)

Storage of equipment, materials, and other accessories for the construction and service trades.

(xix)

Storage, parking, or dispatching of emergency repair or towing vehicles, and/or equipment.

(xx)

Vehicle repair (body or mechanical), upholstery, automobile detailing and painting.

(xxi)

Welding and machining.

(xxii)

Any other use determined by the director not to be incidental to or compatible with residential activities.

(6)

Minimum dwelling size standards. The following minimum dwelling areas are computed by calculating the living area as measured on the outside of walls and excludes garages, carports and exterior courtyards.

The minimum area requirements for apartments in all RPD zones are as follows:

(7)

Minimum room size standards. Minimum room size standards are as follows:

(8)

Mobile home and manufactured housing development standards. Manufactured or mobile homes shall be installed in the following manner:

a.

Mobile or manufactured homes may be used as single-family dwellings if the home is certified under the National Mobile Home Construction and Safety Standards Act of 1974.

b.

Mobile or manufactured homes which are used as single-family residences shall be installed on an approved permanent foundation in compliance with this code.

c.

Prior to the installation of any mobile or manufactured home, the director shall determine that the subject parcel together with the proposed mobile or manufactured home is compatible with surrounding development. This determination shall include an assessment of on-site design and development standards and materials, architectural aesthetics, setbacks, structure height, accessory structures, access, off-street parking and minimum square footage requirements, and any other criteria determined appropriate by the director.

d.

The following standards shall govern the installation and construction of mobile and manufactured homes:

(i)

All homes shall have a minimum eave projection of one foot.

(ii)

All roofs shall have a minimum pitch of 1:4.

(iii)

All siding shall be nonreflective and shall be installed from the ground up to the roof.

(iv)

All homes shall have a minimum width (across the narrowest portion) of 20 feet.

(9)

Private community walls. Private community boundary walls shall be constructed in the following manner:

a.

Private communities shall provide a viewshed window design in all boundary walls that are constructed along public rights-of-way. This design shall incorporate a mix of walls and wrought iron fencing or equivalent treatment subject to the approval of the director.

b.

In private communities, vehicle stacking for all gated entries shall be determined by multiplying inbound peak hour demand by a factor of 0.85, which converts to the number of feet between the street and the gate, or fire department requirements for stacking. The larger of the two stacking requirements shall apply.

(10)

Private tennis court development standards. Private tennis courts shall be constructed in the following manner:

a.

Tennis courts shall not encroach into the front and side setback or within ten feet of the rear property line.

b.

The minimum parcel size shall be 10,000 square feet net.

c.

There shall be no more than one tennis court for each residential parcel of land.

d.

A private tennis court shall not be used for commercial purposes, and shall be used only by the residents and their invited guests.

e.

A private tennis court shall be completely screened from public view.

f.

No tennis court fencing shall exceed ten feet in height as measured from the court surface.

g.

Overhead court lighting shall be subject to a conditional use permit.

h.

Light standards shall not exceed the following heights as measured from the court surface:

(i)

Eighteen feet with four poles on each side.

(ii)

Twenty feet with three poles on each side.

i.

All illumination fixtures shall be directed downward and away from adjoining properties and public rights-of-way.

j.

Permitted hours of lighting shall be determined during permit review; in no instance shall lighting be used after 10:00 p.m.

(11)

Recreational vehicle storage facilities. Recreational vehicle storage facilities provided in residential planned developments and shall be constructed in the following manner:

a.

Storage area should be located in a centralized location within the residential planned development.

b.

Individual storage spaces shall measure not less than 12 feet by 30 feet, and shall all have direct access to a driveway with a minimum paved width of 25 feet.

c.

Storage areas shall be paved and drained to the satisfaction of the director.

d.

Storage areas shall be screened from exterior view by a combination of landscaping, masonry walls, fences or other comparable screening devices six feet in height and subject to the approval of the director.

(12)

Accessory dwelling units. An accessory dwelling unit (ADU) and a junior accessory dwelling unit (JADU) subject only to a building permit are allowed in any residential zone. All requests for ADUs of any type or nature specified in California Government Code Sections 65852.2, 65852.22, and all related sections, including but not limited to JADUs, shall be processed and permitted pursuant to California Government Code Sections 65852.2 and 65852.22, and shall adhere to the following criteria to the extent permitted by California state law:

a.

The maximum lot coverage on any single-family parcel is 60 percent and 50 percent for any multifamily parcel. However, the lot coverage requirement cannot preclude the creation of a statewide exemption ADU (800-square-foot ADU).

b.

A detached ADU shall be located only within the rear half of the parcel.

c.

A single-story detached ADU shall not exceed 20 feet in height.

d.

A two-story attached ADU shall not exceed 35 feet in height.

e.

An attached ADU shall have an independent exterior entrance, apart from the primary dwelling. The ADU entrance shall be located on the side or rear building façade, not facing the same public right-of-way as the primary dwelling.

f.

A detached ADU entrance may be located on the front building façade provided the entrance does not face the same public right-of-way as the primary dwelling or the entrance is screened by the primary dwelling as seen from the street.

g.

An attached or detached ADU shall be architecturally compatible with the design of the main dwelling unit and the surrounding neighborhood in terms of landscaping, scale, height, length, width, bulk lot coverage, and exterior treatment.

h.

A JADU created in an attached garage is not subject to the same parking protection as an ADU and shall provide replacement parking.

i.

Fire sprinklers are required in an ADU if fire sprinklers are required for the primary residence.

j.

A newly constructed non-manufactured detached ADU shall provide solar panels subject to the California Energy Code. Per the California Energy Commission, the solar panels can be installed on the ADU or on the primary dwelling unit. An ADU constructed within existing space, or as an addition to an existing home, including a detached addition where an existing detached building is converted from non-residential to residential space, is not subject to the Energy Code requirement to provide solar panels.

k.

Prior to the issuance of a building permit for an ADU or JADU, a covenant of restriction to run with the land shall be recorded with the county recorder's office which specifies that the ADU or JADU may be rented as an independent dwelling but not for a term that is shorter than 30 days. The additional dwelling unit may not be sold independently of the main dwelling and parent parcel.

l.

ADUs permitted before January 1, 2020 are subject to the owner-occupancy requirement that was in place when the ADU was permitted. An ADU that is permitted after January 1, 2020 but before January 1, 2025, shall not be subject to any owner-occupancy requirement.

m.

All JADUs shall be subject to an owner-occupancy requirement. The property owner shall reside on the property as the person's legal and permanent residence, in either the primary dwelling or JADU.

n.

This section shall not validate any existing illegal ADU. An application for a permit may be made pursuant to the provisions of this section to convert an illegal ADU to a conforming legal "additional" unit, and the standards and requirements for the conversion shall be the same as for a newly proposed ADU.

(13)

Senior citizen/congregate care housing development standards. Senior citizen housing developments are subject to a conditional use permit and shall be constructed in the following manner:

a.

The parcel upon which the senior citizen housing facility is to be established shall conform to all standards of the RPD 14, RPD 30, RPD 50, or RPD 80 zoning district, as applicable.

b.

The senior citizen housing facility shall conform with all local, state, and federal requirements.

c.

The number of residential dwelling units shall be based on the underlying zoning district.

d.

A "density bonus" may be utilized if the development proposal can be found consistent with the applicable provisions of section 9.10.020(b)(3) (Density Bonus).

e.

The minimum floor area for each residential unit shall be as follows:

f.

The main entrance to the facility, common areas and all living units shall provide handicapped access pursuant to Federal and State Building Code Regulations.

g.

Indoor common areas and living units shall be provided with all necessary safety equipment (i.e., safety bars), as well as emergency signal/intercom systems.

h.

Adequate internal and external security lighting shall be provided for security purposes. The external lighting shall be stationary, deflected away from adjacent properties and public rights-of-way, and of an intensity compatible with the residential neighborhood.

i.

Common recreational and entertainment activity area(s) of a size and scale consistent with the number of living units shall be provided.

j.

Common laundry facilities of sufficient number and accessibility, consistent with the number of living units shall be provided.

k.

The development may provide one or more of the following specific common facilities for the exclusive use of the residents:

(i)

Congregate dining facilities.

(ii)

Adult day care facilities.

(iii)

Outpatient treatment facilities.

(iv)

Swimming pool or spa accessible to persons with mobility impairments.

(v)

Beauty and barber shop.

(vi)

Small scale drug store.

l.

Off-street parking shall be provided in the following manner:

(i)

One covered parking space for each dwelling unit for the exclusive use of the senior citizen residents.

(ii)

One uncovered parking space for each dwelling unit for employee and guest use.

(iii)

Adequate and suitably striped paved areas for shuttle parking. Shaded waiting areas shall be provided adjacent to the shuttle stops.

(iv)

Development standards relating to handicapped parking, access, surfacing, striping, lighting, landscaping, shading, dimensional requirements, etc. shall be consistent with the standards outlined in chapter 9.25 (Off-Street Parking Standards).

m.

A bus turnout and shelter on the on-site arterial frontage shall be provided where appropriate.

n.

Private transportation shuttles shall be provided. The minimum number of shuttles shall be determined by the director during project review.

o.

The project shall be designed to provide maximum security for residents, guests, and employees.

p.

Trash receptacle(s) shall be provided on the premises. The trash receptacle(s) shall be of sufficient number and size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall seven feet in height and on the fourth side by a solid metal gate not less than six feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

q.

Residential occupancy shall be limited to single persons over 62 years of age or couples of which one member is over 62 years of age for senior citizen housing developments containing less than 150 dwelling units. Residential occupancy shall be limited to single persons over 55 years of age or couples of which one member is over 55 years of age for senior citizen housing developments containing at least 150 dwelling units.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 03-218, § 2—4, 7-7-03; Ord. No. 09-275, § 2, 0-8-09; Ord. No. 21-341, § 4(Exh. A), 10-12-21)

All uses shall be subject to the applicable regulations of this code, including provisions located in the following chapters:

(a)

Chapter 9.48 Conditional Use Permits

(b)

Chapter 9.27 Landscaping Standards

(c)

Chapter 9.26 Off-Street Loading Standards

(d)

Chapter 9.25 Off-Street Parking Standards

(e)

Chapter 9.47 Planned Development Permits

(f)

Chapter 9.29 Sign Standards

(g)

Chapter 9.10 Home Occupation Permits [section 9.10.020(b)(5)]

(h)

Chapter 9.42 Temporary Use Permits

(i)

Chapter 9.46 Variances

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Created. There is hereby created a new zoning district in the city hereafter referred to as "RPD 30A (Residential Planned Development by Right)". Uses in the RPD 30A zone include all residential uses authorized in the RPD 30 district provided, however, that such uses shall be permitted by right, as provided in this section.

(b)

Development by right. Residential development within the RPD 30A zone shall not require any discretionary permit including a conditional use permit, planned unit development permit or any other review or approval that would constitute a "project" for purposes of the California Environmental Quality Act, provided that any such development complies with all applicable development standards for the RPD 30 zone, except as modified in this chapter. Any proposed residential development within the RPD 30A zone shall be subject to administrative design review and approval by the city's planning department, as authorized by Government Code § 65583.2(i).

(c)

Designated sites. The following sites have been designated with the RPD 30A zoning classification.

(1)

Parcel A—Adopted with 4 ^th cycle housing element update, APN: 839-161-07

(2)

Parcel B—Adopted with 4 ^th cycle housing element update, APN: 761-071-93

(3)

Parcel C—Adopted with 4 ^th cycle housing element update, APN: 740-112-03

(4)

Site 3—Adopted with 6 ^th cycle housing element update, APN(s): 740-012-02, 740-012-03, 740-012-36, 740-012-40, & 740-013-01

(d)

Affordability requirements. Residential units within parcels A, B and C and Site 3, and any other parcels within the RPD 30A zone requiring residential units to be "affordable", shall be affordable to lower or very low-income households, as those terms are defined in Health and Safety Code §§ 50079.5 and 50105, respectively, or successor statutes thereto. All such affordable units shall be restricted to their respective affordability level for not less than 45 years for owner-occupied units and 55 years for rental units. The percentage of residential units in parcels A, B and C and Site 3 are required to be affordable are as follows:

(1)

Parcel A— Fifteen percent (minimum and maximum).

(2)

Parcel B—Minimum of 15 percent.

(3)

Parcel C—Minimum of 20 percent.

(4)

Site 3—Minimum of 50 percent.

Affordability requirements for any other development of property zoned as RPD 30A shall be as established by resolution of the city council.

Ord. No. 07-259, §§ 1, 5, 6, 9-4-07; Ord. No. 23-351, § 5(Exh. A), 12-12-23)

(a)

Purpose and intent. The purpose of this section is to promote, facilitate, and require the development of affordable housing opportunities for moderate-, low-, and very low-income households within the residential developments proposed to be constructed in the City of Mission Viejo. The intent of this program is to ensure that a portion of new residential developments contribute to the city's housing needs by providing housing options, or equivalent funds, to establish housing units for moderate and lower-income levels.

(b)

Definitions. Words and phrases in this section shall be interpreted as set forth in this subsection unless it is apparent from the context that a different meaning is intended.

(1)

Accessory dwelling unit (ADU). An accessory dwelling unit or "ADU", as defined in California Government Code Section 65852.2, as amended from time to time, means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence.

(2)

Affordable housing unit. Housing for which the allowable housing expenses paid by a qualifying household shall not exceed 30 percent of the household's gross annual income.

(3)

Affordable housing agreement. A legally enforceable agreement between a property owner and the City of Mission Viejo to ensure that the long-term inclusionary requirements of this section are satisfied. The agreement establishes, among other things, the number of required inclusionary units, location, affordability tenure, terms and conditions of affordability and unit production schedule, and deed restrictions.

(4)

Allowable housing expense. The total monthly or annual recurring expenses required of a household to obtain and maintain the housing unit. For an ownership unit, allowable housing expenses include loan principal and interest at the time of initial purchase by the homebuyer, allowances for property and mortgage insurance, property taxes, homeowners' association dues and a reasonable allowance for utilities as defined in Title 24 of the Code of Federal Regulations Section 982.517. For a rental unit, allowable housing expenses include rent and a utility allowance as established by the Orange County Housing Authority, as well as all monthly payments made by the tenant to the lessor in connection with use and occupancy of a housing unit and land and facilities associated therewith, including any separately charged fees, utility charges, or service charges assessed by the lessor and payable by the tenant.

(5)

Density bonus. Is as currently defined in California Government Code Section 65917.5, as amended from time to time.

(6)

Extremely low-income household. Households that earn 30 percent or less than the Area Median Income for Orange County as determined, from time to time, by the U.S. Department of Housing and Urban Development.

(7)

Incentives or concessions. Regulatory incentives and concessions as defined in California Government Code Section 65915(k), to include, but not be limited to, the reduction of site development standards or zoning code requirements, approval of mixed-use zoning in conjunction with the housing project, or any other regulatory incentive that would result in identifiable cost reductions to enable the provision of housing for the designated income group or qualifying residents.

(8)

Inclusionary housing project. A new residential development or lawful conversion of existing residential buildings in which at least 15 percent of the total units of the development or building reserved for and made affordable to moderate- and lower-income households, as required by this section.

(9)

Inclusionary unit. A dwelling unit that will be offered for rent or sale exclusively to and which shall be affordable to moderate- and lower-income households, as required by this section.

(10)

Low-income household. Households that earn between 50 and 80 percent than the Area Median Income for Orange County as determined, from time to time, by the U.S. Department of Housing and Urban Development.

(11)

Lower-income household. This includes low-income, very low-income and extremely low-income households, whose gross income does not exceed 80 percent of the Area Median Income for Orange County as determined annually by the U.S. Department of Housing and Urban Development.

(12)

Market-rate unit. A dwelling unit in a residential development that is not an inclusionary unit.

(13)

Moderate-income household. Households that earn between 80 and 120 percent than the Area Median Income for Orange County as determined, from time to time, by the U.S. Department of Housing and Urban Development.

(14)

Ownership unit. An inclusionary housing project unit intended to be sold individually to owners.

(15)

Rental unit. An inclusionary housing project unit intended not to be developed or constructed to be sold individually.

(16)

Residential development. Any new residential construction of ownership or rental units intended for permanent occupancy, or development revisions, including but not limited to, those with and without a master plan or specific plan, planned unit developments, site development plans, mobile home developments and conversions of apartments to condominiums, as well as dwelling units for which the cost of shelter is included in a recurring payment for expenses.

(17)

Target income level. The income standards for extremely low-, very low- and low-income levels within Orange County as determined annually by the U.S. Department of Housing and Urban Development, and adjusted for family size.

(18)

Total residential units. The total units approved by the final decision-making authority of the City of Mission Viejo. Total residential units are composed of the aggregate total of both market-rate units and inclusionary units.

(19)

Very low-income household. Households that earn between 30 and 50 percent than the Area Median Income for Orange County as determined, from time to time, by the U.S. Department of Housing and Urban Development.

(c)

Applicability. The provisions of this section shall be applicable as follows:

(1)

All residential development projects consisting of ten or more dwelling units designed and intended for permanent occupancy shall have the then specified percentage of total number of dwelling units within the development available as an affordable housing unit.

(2)

For all residential developments consisting of less than ten dwelling units, the developer shall provide one deed restricted ADU.

(3)

The inclusionary housing requirements shall be applied no more than once to an approved development and/or vested entitlement by the city, regardless of changes in the ownership of the development, provided the total number of units does not change.

(d)

Exemptions. The provisions of this section shall not apply to the following projects:

(1)

Projects that are not a residential development.

(2)

Any project that provides affordable housing in a manner that is equivalent to or greater than the requirements of this section, such as for example a project that has greater and longer affordability covenants than required by this section, subject to approval by city council.

(3)

Accessory dwelling units (ADUs), except as required by this section 9.10.035.

(4)

Residential development projects that consist only of one primary dwelling unit (excluding ADUs).

(5)

Residential development projects on property with vested rights in effect on the effective date of this section, including, but not limited to:

a.

Property that is part of an approved vesting tentative map.

b.

Development that is part of an existing development agreement with the city.

c.

Existing development projects with fully approved project entitlements and/or building permits in effect.

d.

Construction of a dwelling unit to replace a previously existing dwelling unit on the same lot that was demolished or destroyed within the last five years.

e.

Projects that provide at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the property within past five years.

f.

Protected units that must be replaced with new units consisting of the same number of bedrooms at the same income level of the protected unit with specified exceptions for single-family dwellings being built and single-family dwellings being replaced in accordance with California Government Code Section 66300(d)(2).

(6)

Remodels and additions to single-family homes.

(e)

Inclusionary housing standards. The provisions of this section shall be applicable as follows:

(1)

Number and type of units required. New residential developments subject to the inclusionary housing requirement shall provide affordable residential units equal to 15 percent of the new units, according to the following distributions:

a.

Rental units. Seven and a half percent of the new units must be for low-income households and seven and a half percent of the new units must be for very low-income households.

b.

For-sale units. Ten percent of the new units must be for moderate-income households and five percent of the new units must be for lower-income households as defined in section 9.10.035(b)(11).

c.

Fractions of units less than zero and five tenths shall be rounded down to the nearest whole number and any fraction of a unit greater than zero and five tenths shall be rounded up to the next whole number to establish the required unit number.

d.

The city council may consider allowing inclusionary for-sale units to be offered as rental units if requested by the property owner.

(2)

Design. The following design criteria shall apply, unless otherwise approved by city council.

a.

Affordable housing units shall be integrated with a residential development as a whole and shall be comparable in infrastructure, construction quality and design to the market-rate units.

b.

Residents of inclusionary units shall have the same rights and unrestricted access to all common amenities in the development, such as parking, open space, storage, and recreational space, as do residents in market-rate units.

(3)

Timing of construction. Inclusionary units shall be constructed and occupied concurrently with or prior to the construction and occupancy of market-rate units. In phased developments, inclusionary units shall be constructed and occupied concurrently or prior to the market-rate units in each applicable phase of the development.

(4)

Duration of affordability requirement. Affordable housing units required under the provisions of this section shall be retained in the inclusionary housing program, including restricted rental fees or purchase fees, for a minimum of 45 years, unless otherwise approved by city council. The city may work with the property owner and provide additional incentives or concessions to increase the term of affordability.

(5)

Affordable housing agreement.

a.

An affordable housing agreement shall be entered into between the city and the project owner. The agreement shall record the method and terms by which a project owner shall comply with the requirements of this section. The approval and recordation of this agreement shall be to the satisfaction of the city manager and city attorney, and subject to the approval by the city council. The execution of the affordable housing agreement must take place prior to final map approval or, where a map is not being processed, prior to the issuance of building permits for such affordable units.

b.

The affordable housing agreement shall state the methodology for determining a unit's initial and ongoing rent or sales and resale price(s), any resale restrictions, occupancy requirements, eligibility requirements, city incentives, including second mortgages, recapture mechanisms in accordance with Title 24 of the Code of Federal Regulations Section 203.41(d)(1)(ii), the administrative process for monitoring unit management to assure ongoing affordability and other matters related to the development, maintenance, preservation, and retention of the inclusionary units.

(f)

Alternatives to constructing inclusionary units. The following alternatives may be used to satisfy the requirement of inclusionary units on a project site:

(1)

Land dedication. An applicant may dedicate an agreed upon area of real property land to the city or a local nonprofit housing developer as approved by the city in place of actual construction of inclusionary units upon approval of the final approving city body.

a.

The intent of allowing a land dedication option is to provide the city or a local nonprofit housing developer the no cost land required to make a substitute inclusionary unit feasible, thus furthering the intent of this section. The land dedicated shall be reasonably equal to the value of the affordable housing units not being constructed.

b.

The dedicated land must be appropriately zoned for, buildable, free of toxic substances and contaminated soils, and large enough to accommodate the number of inclusionary units required for the project. The city's acceptance of land dedication shall include, as a precondition, the requirement that the lots be fully improved, with infrastructure, adjacent utilities, grading, and all fees paid.

(2)

Off-site construction. The off-site construction of community amenities as approved by the city council, including, but not limited to, a park, community building, sports or cultural facility, amphitheater, or similar public asset.

(3)

Alternate methods of compliance.

a.

Applicants may propose other concepts for meeting the requirements of this section, whether on- or off-site, subject to review and approval by city council.

b.

The city council may approve alternate methods of compliance with this section if the applicant demonstrates that such alternate method meets the purpose of this section. Such methods may include satisfying inclusionary requirements through the provision of deed-restricted ADU's.

(4)

In-lieu fee. In lieu of providing inclusionary units in a project, an applicant may pay the city's in-lieu fee to satisfy the inclusionary housing requirement.

a.

Residential development projects consisting of more than 20 rental units do not have the option projects consisting of ten or more for-sale units may pay the city's in-lieu fee to satisfy the inclusionary housing requirement.

b.

Residential development projects consisting of ten to 20 rental units may pay the city's in-lieu fee to satisfy the inclusionary housing requirement.

c.

Residential development of an in-lieu fee payment and must construct affordable residential units equal to 15 percent of the new units.

d.

In-lieu fees shall be paid prior to the issuance of the first building permit for the development. For phased developments, the developer may pay a pro rata share of the in-lieu fee concurrently with the issuance of building permits for each development phase.

e.

In-lieu fees shall be paid according to a fee schedule adopted by the city council and amended from time to time.

(5)

Extreme economic hardship. Residential development projects consisting of more than 20 dwelling units, may in the sole and absolute discretion of the city council, be granted a reduction, waiver, or phasing relief provided the decision-making authority for the development finds based on clear and convincing evidence, that constructing the required inclusionary units on-site would present a generally accepted unreasonable financial or practical hardship, based on objective, industry standard factors such as project size, site constraints, and/or financial considerations, subject to city council approval.

(g)

Administration. An applicant for a project subject to this section shall submit an affordable housing proposal stating the method by which it will meet the requirements of this section to the city as directed by the city manager or director of community development. The affordable housing proposal shall be submitted as part of the applicant's development application (e.g., design review, planned development permit, etc.) to the community development department. The director of community development may waive the requirement for submittal of an affordable housing proposal for projects approved prior to the effective date of the ordinance adopting this section. The affordable housing proposal will be reviewed by the planning and transportation commission and city council at properly noticed public meetings and decisions rendered on the same basis as is required for the development application determination.

(Ord. No. 24-353, § 1 (Exh. A), 6-25-24)