A.

The Housing Opportunity Overlay ("HOO") zone is established to facilitate the development of housing "by-right" on underutilized sites. The HOO zone is intended to be applied to properties that are currently zoned high density residential, commercial, and/or manufacturing uses to recycle to residential development. The HOO is further intended to serve as an implementation tool of the city's housing elements of the general plan by facilitation residential development on identified "housing opportunity sites."

B.

The HOO has the following major objectives:

1.

Create "by-right" opportunities for residential development on underutilized high density residential, commercial and/or manufacturing sites.

2.

Implement state laws that require cities to demonstrate available land capacity and zoning tools to accommodate the city's projected need for housing.

3.

Provide a mix of housing types.

4.

Facilitate well-designed new mixed-use development projects that combine residential and non-residential uses (i.e., office, retail, business services, personal services, public spaces and uses, other community amenities, etc.) to promote a better balance of jobs and housing.

5.

Stimulate economic development and reinvestment through regulations based upon recognized urban design principles that allow property owners to respond with flexibility to market forces.

6.

Provide additional property rights while preserving existing property rights. This intent is achieved by providing additional development rights in compliance with this chapter, which property owners may exercise under certain conditions, while retaining all development rights conferred by the underlying zone to property owners in the HOO zone. Incentives and advantages may include, but is not limited to, allowing a greater range and mix of uses and specifying more permissive dimensional specifications (i.e., greater floor area ratio, lot coverage ratio, height, reduced setbacks, etc.).

(Ord. No. 2423, § 3, 5-27-2020)

A.

Application to Area. The HOO zone is an overlay zone to be used in conjunction with the underlying zones. The HOO zone shall apply to the specific, designated parcels identified in table below.

B.

Relationship Between Base Zone Standards and Overlay Zone Standards. For properties within the HOO zone, the regulations in this chapter allow residential and mixed-use development as an alternative to the stand-alone high density residential, commercial and/or manufacturing base zones underlying the HOO.

C.

Base Zone Standards.

1.

The provisions in this chapter shall apply to specific, designated parcels (the HOO zone), but the provisions do not supersede the underlying base zone provisions until a property is developed in compliance with the provisions of this chapter. New projects may be developed in compliance with the existing underlying base zone, provided that all standards and requirements of the underlying base zone are met.

2.

Regulations, development standards, and requirements in the underlying base zone shall continue to apply to those projects that are currently developed according to the existing standards.

3.

For legal nonconforming uses (i.e., uses that do not comply with the provisions of the base zone), the provisions in Chapter 17.54.040, "Nonconforming buildings and structures") of this code shall apply.

D.

Options to Apply HOO Zone Standards. The owner or developer of any property within the HOO zone may choose to develop in compliance with the standards and procedures in this chapter or the standards and procedures applicable to the underlying zone.

E.

Conversion of existing nonresidential structures into a residential use may be permitted subject to a conditional use permit pursuant to Chapter 17.70, "Conditional Use Permits" of this code.

F.

After Completion of Development. Once a property is developed in compliance with the provisions of this chapter, the provisions of this chapter completely supersede the provisions of the underlying base zone. Whenever the requirements of the HOO zone imposes a more or less restrictive standard than the provisions of the underlying base zone, the requirements of the HOO zone shall govern.

(Ord. No. 2423, § 3, 5-27-2020)

At least twenty percent of the total number of residential units within the HOO zone, exclusive of units added by a density bonus awarded pursuant to state law, shall be provided at prices affordable to low-income or below households as defined in state law for a minimum of fifty-five years.

(Ord. No. 2423, § 3, 5-27-2020)

A.

The following uses are allowed in the HOO Zone:

1.

All uses in the applicable underlying zone are allowed.

2.

Multiple-family dwellings as defined under section 17.08.245 of this code.

B.

For uses and activities not specifically identified in subsection (A) above, the Planning and Community Development Director shall have the authority to interpret chapter and permit uses that are similar to a permitted use. The decision of the Planning and Community Development Director may be appealed to the Planning Commission pursuant to Chapter 17.78, "Public Hearings, Notices and Appeals" of this code.

C.

Any use or activity not identified in subsection (A) above, or any use or activity not interpreted by the Planning and Community Development Director, shall be prohibited.

(Ord. No. 2423, § 3, 5-27-2020)

Properties within the HOO zone shall provide for a minimum density of twenty residential units per acre and a maximum density of eighty residential units per acre as designated in the zoning map. However, the minimum number of residential units per site shall be sixteen. Whenever any property on the zoning map which is zoned high density, residential, commercial and/or manufacturing has in addition to its zone designation the symbol "DD" (representing "designated density") followed by a numerical figure, the provisions hereof shall apply regarding the total number of residential units permitted on the property. The numerical figure following the letters "DD" indicates the maximum number of residential units permitted per acre. For example, R-3-DD-25 means multi-family, twenty-five residential units per acre. These density provisions shall supersede the density regulation in the underlying zone and shall be exclusive of units added by a density bonus awarded pursuant to state law.

(Ord. No. 2423, § 3, 5-27-2020)

All development in the HOO zone shall conform to the development standards applicable to the R-4 Zone pursuant to Title 17 of this code.

(Ord. No. 2423, § 3, 5-27-2020)

A.

Administrative Review. Any proposed project that is determined to be in compliance with this section and all applicable development standards shall be subject to administrative review by the Director of Planning and Community Development to confirm consistency with the design guidelines set forth herein.

B.

Review by the Planning Commission. Any proposed project that is determined not to be in compliance with the development standards set forth in this chapter shall be subject to a discretionary review of the planning commission.

(Ord. No. 2423, § 3, 5-27-2020)

A legally binding agreement, in a form approved by the City Attorney, shall be executed and recorded against the property to ensure that the property complies with all of the requirements of this article, including but not limited to, the requirement that affordable units shall be deed-restricted for a period of not less than fifty-five years. The property owner shall record the regulatory agreement prior to recording any final map for the underlying property, or prior to the issuance of any building permit for the project, whichever comes first. The regulatory agreement shall be binding on all future owners and successors of interests of the project.

(Ord. No. 2423, § 3, 5-27-2020)