If any section of this title is in conflict with any other section thereof, or an other county ordinance, then the more stringent requirements shall apply.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.1)

All land, buildings and structures in the unincorporated area of the county of Riverside shall be used only as hereinafter provided.

A.

Private Projects.

1.

No land, building or structure shall be used, constructed, altered or maintained except in conformance with the provisions of this title.

2.

No use that requires a permit or approval of any kind under the provisions of this title shall be established or operated until the permit or approval is finally granted and all required conditions of the permit or approval have been completed.

3.

No use that requires a permit or approval of any kind under the provisions of this title shall be established or operated in violation of, or contrary to, any of the terms and conditions of the granted permit or approval.

4.

The term "private project" shall include those projects of local agencies which are subject to county regulation under Government Code Sections 53090 to 53095, and shall also include any project proposed to be established or operated on government lands if the project is not primarily for a governmental purpose unless the government agency involved has exclusive jurisdiction or the field of regulation has been preempted by law.

B.

Public Projects. No federal, state, county or city governmental project shall be subject to the provisions of this title, including such projects operated by any combination of these agencies or by a private person for the benefit of any such government agency, unless the agency provides by contract or otherwise that the project shall be constructed or operated in compliance with any or all provisions of this title.

(Ord. 348.3677, 1995; Ord. 348 § 18.2.a)

Any person who seeks a permit or approval of any kind under this title, shall comply with the preapplication review procedure described in county Ordinance No. 752 to the extent that such procedure is applicable.

(Ord. 348.3677, 1995; Ord. 348 § 18.2.b)

Any person who obtains, or files an application to obtain, a permit or approval of any kind under the provisions of this title, shall hold the county harmless from any liability or claim of liability, including any claims of the applicant, arising out of the issuance of the permit or approval, or the denial thereof, or arising out of any action by any person seeking to have a granted permit or approval held void by a court of law.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.3)

Whenever a division of land is proposed, the total number of lots or density permitted shall be determined pursuant to the Riverside County general plan, any applicable adopted specific plan and Section 66474 of the Government Code. In any event, no parcel shall be created that is below the minimum size allowed by the zoning classification that has been applied to the parcel of land unless a variance has been granted that allows smaller parcel sizes, or a planned residential development has been approved that allows smaller lot sizes as part of an overall development.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.9)

Except in multiple-dwelling developments or where otherwise provided in this title, every dwelling shall face or front upon a street or permanent means of access to a street, and in no event shall any dwelling face or front upon an alley.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.10)

No dwelling shall be constructed unless it has a minimum floor living area of not less than seven hundred fifty (750) square feet; provided, however, a larger minimum size dwelling may be specifically required in any area of the county by an official zoning plan map pursuant to section 17.172.230. Porches, garages, patios and similar features, whether attached or detached to a dwelling, shall not be included when calculating the floor living area.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.11)

A.

On each lot used for manufacturing, storage, warehousing, goods display, department store, wholesale store, market, hotel, hospital, laundry, dry cleaning or other uses which involve the receipt or distribution by vehicles of materials or merchandise there shall be provided and maintained adequate loading space for standing and for loading and unloading service of such size and so located and designed as to avoid undue interference with the public use of streets and alleys. Each required loading space shall be paved with six inches of concrete over a suitable base and shall not be less than ten (10) feet wide, thirty-five (35) feet long and fourteen (14) feet high, exclusive of driveways.

B.

Table of Spaces Required. In any case, the minimum number of loading and unloading spaces indicated in the following table shall be provided:

(Ord. 348.2533, 1985; Ord. 348 § 18.13)

Where a lot is divided into separate ownerships and the area of either portion is such that the number and location of the buildings thereon no longer conform to the lot area requirements of the particular zone, then in the determination of the permissible number and location of any buildings on either portion of the lot, both parts shall be considered as one parcel only.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.14)

No required yard or other open space around an existing building, or any building hereafter erected, shall be considered as providing a yard or open space for any other building on an adjoining lot or building site, except in the case of zero lot line residential projects pursuant to an overall development.

(Ord. 348.2342, 1984; Ord. 348 § 18.15)

Where a building for dwelling purposes is erected on a lot in a zone other than the zone in which such building for dwelling purposes is first ordinarily or primarily permitted by this title, such lot shall be subject to the same requirements for yards, minimum lot area and percentage of lot coverage as are specified in this title for a lot in the zone in which such building for dwelling purposes is first ordinarily or primarily permitted. This general provision shall prevail over any specific setback stated in the C-1/C-P, M-SC, A-1, A-2 zones.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.16)

The express enumeration of permitted uses in all zoning classifications shall be construed to include accessory uses. Detached accessory buildings and structures, where the principal use of a lot includes a one-family dwelling, shall be subject to the requirements of Section 17.172.130.

(Ord. 348.4481 § 1, 2008: Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.17)

(Ord. No. 348.4791, § 1, 12-2-2014)

A.

Intent. The Board of Supervisors has adopted the following provisions to establish minimum development requirements for the erection of detached accessory buildings and structures in the unincorporated areas of Riverside County. These requirements are intended to provide for the appropriate construction of detached accessory buildings and structures, enhance the aesthetic appearance of the community, preserve property values and protect the public health, safety and welfare.

B.

Applicability. This article applies only to non-habitable detached accessory buildings and structures. Chapter 17.294 for additional residential accommodations applies to all habitable detached accessory buildings and structures or structures with portions of habitable space. This section shall not apply to agricultural structures in the A-1, A-P, A-2 or A-D zones.

C.

Detached accessory buildings and structures.

1.

Allowed use. Subject to the provisions provided in this section, detached accessory buildings and structures are allowed on lots where the principal use of the lot is a one family dwelling.

2.

Plot plan requirement.

a.

Notwithstanding the above subsection 1., the planning director may, based on a determination of potential environmental concerns, require the submittal of a plot plan including the preparation of an environmental assessment pursuant to chapter 17.216 of this title if either:

i.

A detached accessory building or structure on a lot equal or exceeds five thousand (5,000) square feet in size; or,

ii.

The total square footage of all detached accessory buildings or structures of a lot equal or exceed five thousand (5,000) square feet. Said determination of potential environmental concerns shall be made by the planning director and is within his or her sole discretion.

b.

If a plot plan is required for a detached accessory building or structure, a public hearing shall be held in accordance with section 18.30 of this title and the plot plan shall only be approved if it complies with the requirements of this section and the requirements of chapter 17.216 of this title.

3.

Development standards. In addition to the development standards of the applicable zone, a detached accessory building or structure shall comply with the following:

a.

Where a rear yard is required by this title, a detached accessory building or structure shall not be less than the requirement of the zone.

b.

In areas of altitudes above four thousand (4,000) feet, a detached accessory building or structure may be constructed in accordance with the same building setback line as is required for a one family dwelling on the same lot.

c.

Detached accessory buildings or structures shall not be located closer to the front lot line than the principal dwelling on the same lot, except the planning director may, based on a determination that this standard is infeasible for the lot, allow detached accessory buildings or structures to be setback a minimum of twenty-five (25) feet from the front lot line

d.

No detached accessory building shall be nearer to the one family dwelling, or other building or structure than is permitted by Ordinance No. 457 and Ordinance No. 787.

e.

The building height of a detached accessory building or structure shall not exceed two stories or forty (40) feet, unless a greater height is approved pursuant to section 17.172.230 of this title.

f.

Bare metal buildings and structures without paint or exterior architectural coatings or treatments shall not be located on a lot one acre or smaller.

g.

No final inspection shall be performed for the detached accessory building or structure until a final inspection has been performed for the one family dwelling on the same lot.

h.

No detached accessory building or structure shall be rented or leased, or offered for rent or lease, unless the one family dwelling on the lot is also being rented or leased, or offered for rent or lease, to the same renter or lessee.

i.

No detached accessory building or structure shall be used for overnight accommodations.

j.

No detached accessory building or structure shall contain a kitchen.

k.

Any detached accessory building or structure must have the same lot access as the one family dwelling on the lot. No additional curb cuts, rear access or any other type of access is allowed to the detached accessory building or structure except as may be authorized by the transportation department through the issuance of an encroachment permit.

l.

A detached accessory building or structure shall be compatible with the architecture of the one family dwelling and consistent with the character of the surrounding neighborhood.

m.

Notwithstanding the above, in areas of altitudes below four thousand (4,000) feet and where the slope of the front twenty (20) feet of the lot is greater than one foot rise or fall in a seven-foot run from the established street elevation, or where the frontage of the lot is more than four feet above or below such established street elevation, a private garage may be built to the front or side lot lines if the placement of the building or structure or the design of the building or structure prevents vehicles directly exiting or entering onto the adjacent roadway; however, in areas of altitudes above four thousand (4,000) feet and where the slope of the front twenty (20) feet of a lot is greater than one foot rise or fall in a seven-foot run from the established street elevation, or where the frontage of the lot is more than four feet above or below such established street elevation, a private garage or carport may be built to the front or side lot lines.

D.

Exceptions.

1.

This section shall not apply to agricultural structures in the A-1, A-P, A-2 or A-D zones.

(Ord. 348.4481 § 2, 2008: Ord. 348.2358, 1984; Ord. 348 § 18.18)

(Ord. 348.4647, § 1, 7-21-2009; Ord. 348.4703, §§ 1—5, 10-19-2010; Ord. No. 348.4791, § 2, 12-2-2014; Ord. No. 348.4926, §§ 3—7, 8-25-2020; Ord. No. 348.4950, §§ 29—31, 3-2-2021; Ord. No. 348.4997, §§ 1, 2, 3-28-2023)

Where yards are required by this title, they shall be open and unobstructed from the ground to the sky and kept free of all structural encroachments, except as follows:

A.

Outside stairways or landing places, if unroofed and unenclosed, may extend into a required side yard for a distance of not to exceed three feet and/or into the required rear yard a distance of not to exceed five feet.

B.

Cornices, canopies, and other similar architectural features not providing additional floor space within the building may extend into a required yard not to exceed one foot. Eaves may extend three feet into a required yard. One pergola or one covered but unenclosed passenger landing may extend into either side yard, provided it does not reduce the side yard below five feet and its depth does not exceed twenty (20) feet.

(Ord. 348.2510, 1985; Ord. 348 § 18.19)

A.

Public or semipublic buildings in the R-1 and R-2 zones may be erected to a height not exceeding four stories or sixty (60) feet when the required yards are increased by an additional two feet for each foot by which the height exceeds thirty-five (35) feet.

B.

Structures necessary for the maintenance and operation of a building and flagpoles, chimneys or similar structures that exceed the prescribed height limits may exceed the prescribed height limits where such structures do not provide additional floor space. This exception shall not apply to wireless facilities subject to chapter 17.277 of this ordinance.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.20)

(Ord. No. 348.4947, § 2, 3-2-2021)

On through lots, either lot line separating such lot from a street may be designated as the front lot line. In such cases, the minimum rear yard shall not be less than a required front yard in the zone in which such lot is located.

(Ord. 348.2342, 1984; Ord. 348 § 18.21)

Any lot shown upon an official subdivision map or record of survey map duly approved and recorded or any lot for which a bona fide deed has been used as a building site, provided the required yard setbacks are maintained.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.22)

Whenever any section of this title requires a determination as to the maturity of animals, the following periods of time shall be used to establish the age of maturity:

(Ord. 348.3954 § 53, 2000: Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.23)

Water works facilities, both public and private, intended primarily for the production and distribution of water for irrigation purposes, shall not be subject to any of the provisions of this title.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.24)

Swimming pools may be constructed as follows:

A.

Private swimming pools for the use of the occupants of the premises and their nonpaying guests shall be located not nearer than five feet to any property line or dwelling.

B.

All other swimming pools shall be located not nearer than ten (10) feet from any property line or building.

C.

A swimming pool may be constructed contrary to subsection A of this section when it lies partially within and partially without a dwelling which conforms with all other provisions of this title.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.24)

A.

Intent. The board of supervisors has enacted the following provision to provide minimum development standards for the construction of fences within the unincorporated areas of the county. These standards are designed to enhance the aesthetic appearance of the community, preserve property values and protect the health, safety and welfare of county residents.

B.

Prohibited Fences. Fences shall not be constructed of garage doors, tires, pallets or other materials not typically used for the construction of fences.

(Ord. 348.3961 § 1, 2000)

Whenever by the terms of this title or a provision of any permit or variance thereunder, a period is fixed within which an act is required or permitted to be performed and the last day of such period falls on a Saturday, Sunday or holiday, then the next succeeding day which is not a Saturday, Sunday or holiday shall be deemed the last day of such period. If, by such provisions, any document is required to be filed with the board of supervisors, the planning commission or other body or officer, filing the same with the clerk of the board of supervisors shall be deemed filing with the board, filing in the office of the planning director shall be deemed filing with the commission, filing with the secretary of such other body or in its office shall be deemed filing with such body, and filing in the office of such officer shall be deemed filing with him or her. If by any such provision a time limit for the performance of an act is permitted to be extended or the period renewed, such renewal or extension, to be effective, must be sought and obtained prior to the expiration of the time limit.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.32)

Notwithstanding any other provisions of this title, the following matters may, without notice or public hearing, be approved, conditionally approved or denied in accordance with the following procedure:

A.

The planning director may approve, conditionally approve or deny:

1.

Setback adjustments: modifications of the front, rear or side yard minimum setback requirements of the various zone classifications in this title.

2.

Temporary uses: the temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time not to exceed six months.

B.

The planning commission may approve, conditionally approve or deny:

1.

Temporary uses: the temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time in excess of six months.

C.

Applications, containing all required information, shall be filed with the planning director, upon the forms provided by the planning department, shall be accompanied by the filing fee set forth in county Ordinance No. 671, and shall be processed pursuant to the provisions of chapter 17.216, including the appeal provisions thereof, except that when the application is for a temporary use for a period of time in excess of six months, the planning director shall make a recommendation only, which shall be submitted to the planning commission for decision.

D.

No request for a setback adjustment shall be granted unless it is determined that the adjustment is consistent with the intent and purposes of this title; that there are special circumstances applicable to the property, including such factors as size, shape, topography, location or surroundings that justify the approval of the adjustment of the setback requirement, and that the adjustment will not be detrimental to the health, safety and general welfare of the community or be detrimental to property in the vicinity of the parcel for which the adjustment is requested.

E.

No request for a temporary use of land shall be granted unless it is determined that the temporary use of the land will not be detrimental to the health, safety or general welfare of the community or be detrimental to property in the vicinity of the parcel for which the temporary use is requested.

F.

As a condition to approval of a setback adjustment or a temporary use of land, the performance of such conditions may be required as are determined to be necessary to assure that the granting of the adjustment or use will not be detrimental to the health, safety and general welfare of the community or be detrimental to property in the vicinity of the parcel for which the request is made including the following conditions:

1.

Regulations of points of vehicle ingress and egress to the property;

2.

Require any necessary landscaping, fencing or walls;

3.

Require the restoration of the property to a natural appearance, including, but not limited to filling, grading and leveling;

4.

Establish a time period within which the permission is to be used and required conditions are to be completed.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.33)

When any zone classification provides that an application for a greater height limit may be made pursuant to this section, the following alternative procedures may be used to determine if the request shall be granted:

A.

An application for a zone change may request a greater height limit in accordance with the limitations of the zone classification. The specific height limit requested shall be included in all notices regarding the zone change and, if granted, the zoning placed upon the land shall specifically state the allowed height limit.

B.

An application for a conditional use permit, public use permit, commercial WECS permit or accessory WECS permit may include a request for a greater height limit in accordance with the limitations of the zone classification. The specific height limit requested shall be included in all notices regarding the permit, and if granted, the permit shall specifically state the allowed height limit.

C.

For structures other than buildings, an application for a greater height limit in accordance with the limitations of the zone classification may be made to the planning director pursuant to the provisions of Chapter 17.216. If granted, the approved plot plan shall specifically state the allowed height limit.

(Ord. 348.2104, 1982; Ord. 348 § 18.34)

When an asterisk or any other character follows the zoning symbol on any official zoning plan map, the required minimum lot area, minimum area per dwelling unit, lot frontage, size of dwelling, yard requirement, and structure height, or any of such requirements, for the areas upon the map so marked, shall be as set forth in the legend upon such map, notwithstanding any other provisions of this title.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.35)

A.

Whenever a specific plan for a highway has been adopted by the County of Riverside, all requirements of this title relating to highway right-of-way lines shall be calculated from the adopted planned future right-of-way line. No building, structure or other improvement shall be constructed within the described planned right-of-way lines, and no building permit shall be issued therefore, except as hereinafter set forth.

B.

The following improvements shall be permitted to be constructed within the described planned right-of-way lines of a specific plan; provided, that they are appurtenant to a permitted use that is conducted on an abutting parcel; that any required encroachment permit pursuant to county Ordinance No. 499 is first approved, and further provided that an approved plot plan is granted pursuant to Chapter 17.216:

1.

Pedestrian access walkways;

2.

Vehicular access driveways;

3.

Fences not exceeding thirty (30) inches in height;

4.

Landscaping that includes planters;

5.

Off-street parking areas, including parking spaces, drives, aisles, turning and maneuvering areas, bumper stops or wheel stops. Off-street parking within a specific plan area shall not be credited toward providing required parking area pursuant to Chapter 17.188;

6.

Lights to illuminate off-street parking areas, pedestrian walkways, vehicular access driveways, landscaped areas or buildings;

7.

Unlighted or non-flashing lighted directional signs located at public entrances to, or exits from, off-street parking areas;

8.

Unlighted or non-flashing lighted single or double-faced signs not exceeding one hundred (100) square feet in display area per face, identifying a building or the merchandise or activity available on the abutting premises; provided that:

a.

The sign is necessary to a business to achieve visibility or identification of the business by the traveling public that is substantially equal to that of existing businesses in the area,

b.

The sign is a permitted use in the zone and does not project over or extend into the existing street right-of-way,

c.

Not more than one such sign shall be permitted on any lot or parcel,

d.

The plot plan approval shall clearly fix the proposed location, size, shape and elevation of the sign with respect to the lot or parcel on which it is to be erected.

C.

As a condition to the final approval of a plot plan, the applicant shall sign an agreement that he will remove any such permitted improvements within forty-five (45) days from the date of mailing of a written request to do so by the road commissioner of the county of Riverside. The applicant shall further agree that if the permitted improvements are not removed within the forty-five (45) day period, they shall become the property of the county of Riverside or the public agency having jurisdiction over the right-of-way. The agreement shall be binding upon the applicant, his or her heirs, successors and assigns.

D.

All the provisions of Chapter 17.216 relating to appeals from a plot plan decision shall apply to permits to construct improvements within planned right-of-way lines.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.36)

The following regulations shall apply to the commercial stockpiling, drying, mechanical processing and sale of farm animal manure (with the exception of poultry operations) produced on the premises, in any zone that permits such use:

A.

The minimum parcel size on which such fertilizer processing operation will be permitted is ten gross acres with a minimum parcel width of six hundred sixty (660) feet.

B.

Driveways and employee parking areas shall be surfaced with an asphaltic penetration coat at the rate of one-half gallon per square yard followed in six months by an asphaltic seal coat.

C.

There shall be no manufacturing of chemical additives on the premises.

D.

Inorganic chemical additives shall be limited to ten (10) percent by volume of the organic manure processed.

E.

The use shall comply with all requirements of the county health department and the Riverside County air pollution control district and the State Regional Water Quality Control Board.

F.

Manure stockpiles shall be maintained at least one hundred fifty (150) feet from any road right-of-way and thirty-five (35) feet from side and rear property lines.

G.

No manure stockpile shall exceed a height of twenty-five (25) feet.

H.

Stockpiles shall be shaped to a one to four minimum slope to prevent detrimental water seepage into the ground and minimize the stockpile area subject to rainfall.

I.

There shall be no draining of runoff water from any stockpile area onto adjoining properties.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.39)

A.

Purpose and intent. The board of supervisors finds that certain incentives are appropriate and necessary to help increase opportunities for affordable housing in the county and to achieve the goals and policies of the general plan housing element. The purpose of this section is to facilitate the development of affordable rental and for-sale housing, including inclusionary housing, in accordance with California Government Code Sections 65915 through 65918, as may be amended from time to time.

B.

Definitions. As used in this section, the following terms shall have the following meanings:

"Density bonus." An increase over the otherwise maximum allowable residential density set forth in the Riverside County General Plan land use designation for a housing development, as defined in this section.

"Housing development." As provided in Section 65915(i) of the Government Code, a development project for five or more dwelling units that may include mixed-use developments, a subdivision or common interest development consisting of one-family or multiple family dwellings or unimproved residential lots. A housing development can also include either a project to substantially rehabilitate and convert an existing commercial building to residential use, or the substantial rehabilitation of an existing multiple family dwelling, where the result of the rehabilitation would be a net increase in available dwelling units.

"Target units." Dwelling units with affordability restrictions for the following:

A.

Very low, low and moderate income households as defined in sections 50105, 50079.5, and 50093, respectively, of the Health and Safety Code;

B.

Transitional foster youth, as defined in Section 66025.9 of the Education Code;

C.

Disabled veterans, as defined in Section 18541 of the Government Code;

D.

Senior citizens as defined in Sections 51.3 and 51.12 of the Civil Code; or

E.

Homeless persons as defined in Section 11302 of Title 42 of the United States Code, also known as the McKinney-Vento Homeless Assistance Act.

C.

Eligibility. A housing development is eligible for a density bonus when the housing development meets at least one of the following requirements:

1.

Ten (10) percent of the total dwelling units of a housing development are for lower income households, as defined in Section 50079.5 of the Health and Safety Code;

2.

Five percent of the total dwelling units of a housing development are for very low income households, as defined in Section 50105 of the Health and Safety Code;

3.

The housing development includes a senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Sections 798.76 and 799.5 of the Civil Code;

4.

Ten (10) percent of the total dwelling units in a common interest development, as defined in Section 4100 of the Civil Code, are for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all dwelling units are offered to the public for purchase; or

5.

Ten (10) percent of the total dwelling units of a housing development are for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in Section 11302 of Title 42 of the United States Code, also known as the McKinney-Vento Homeless Assistance Act. The dwelling units described in this subparagraph shall be subject to a recorded affordability period of fifty-five (55) years and shall be provided at the same affordability level as very low income dwelling units, as defined in Section 50105 of the Health and Safety Code.

6.

Twenty (20) percent of the total units for lower income students in a student housing development that meets the requirements as provided in Section 65915(b)(1)(F) of the Government Code.

7.

One hundred (100) percent of the total units, exclusive of a manager's unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to twenty (20) percent of the total units in the development may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code.

D.

Application procedure.

1.

An applicant proposing a housing development pursuant to this section that also requires an approved land use permit may submit a density bonus request to the planning director or designee in conjunction with the application for the housing development project. The request shall be processed concurrently with the housing development project application, and heard by the appropriate hearing body for the housing development.

2.

An applicant proposing a housing development pursuant to this section that does not require an approved land use permit may submit a density bonus request to the planning director. The request shall be considered by the planning director in accordance with subsection F. below and in compliance with the California Environmental Quality Act. The planning director shall provide the determination in writing to the applicant.

E.

Density bonus calculations. The density bonus shall be calculated in accordance with Government Code Sections 65915(f) and 65915(i), as may be amended, or in accordance with Government Code Section 65917.2 as may be amended.

F.

Density bonus approval. The county shall grant the density bonus request for an eligible housing development unless the county makes a written finding, based upon substantial evidence, of any of the following:

1.

The density bonus would have a specific, adverse impact upon public health and safety, or the physical environment or on any historical property as provided in Government Code Section 65915(d)(1)(B) as may be amended from time to time.

2.

The density bonus would be contrary to state or federal law.

G.

Density bonus agreement. The applicant shall enter into a density bonus agreement with the county in a form consistent with Government Code Section 65915, as may be amended from time to time, and approved by the office of county counsel. The density bonus agreement shall include the applicable affordability period and be recorded on the lot or lots designated for the construction of the target units prior to final map approval, or, where a map is not being processed, prior to the issuance of the first building permit.

H.

Incentives. In addition to the density bonus, an applicant who meets the requirements of this section may request incentives that result in identifiable and actual cost reductions to provide affordable housing, as provided in Section 65915(d)(2) and Section 65915(k) of the Government Code, as may be amended from time to time. Incentive examples include, but are not limited to, modifications to site development standards and architectural design requirements.

I.

Incentive approval. The county shall grant incentives pursuant to the provisions of this section unless the county makes a written finding, based upon substantial evidence, of any of the following:

1.

The incentive does not result in identifiable and actual cost reductions to provide for affordable housing or for the setting of rents for target units a as provided in Section 65915(d)(1)(A) of the Government Code, as may be amended from time to time.

2.

The incentive would have a specific, adverse impact upon public health and safety, or the physical environment or on any historical property as provided in Section 65915(d)(1)(B) of the Government Code, as may be amended from time to time.

3.

The incentive would be contrary to state or federal law.

J.

Project design. Target units shall be constructed concurrently with market-rate dwelling units, integrated into the housing development and include comparable infrastructure, construction quality and exterior and interior design to the market-rate dwelling units.

K.

Development standards. The housing development shall comply with the development standards of its zoning classification. If a development standard has the effect of physically precluding the construction of a housing development meeting the criteria for a density bonus or incentive, an applicant may request a development standard modification as provided in Section 65915(e) of the Government Code, as may be amended from time to time.

L.

Parking ratios. In addition to the density bonus, an applicant who meets the requirements of this section may request parking ratios as provided in Section 65915(p) of the Government Code, as may be amended from time to time.

M.

Additional density bonus credits.

1.

An applicant who meets the requirements of this section and includes a child care facility that will be located on the premises of, as part of, or adjacent to the housing development may be eligible for an additional density bonus or incentive as provided in Government Code Section 65915(h) as may be amended from time to time. The county shall not be required to provide a density bonus or incentive for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. No additional density bonus or incentive shall be granted unless the following requirements are met:

a.

The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable pursuant to Government Code Section 65915(c) as may be amended from time to time; and

b.

Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to Government Code Section 65915(h) as may be amended from time to time.

2.

An applicant for approval to convert apartments to a condominium project in accordance with Government Code Section 65915.5, as may be amended from time to time, may be eligible for a density bonus or other incentive as provided in Government Code Section 65915.5(a), as may be amended from time to time.

3.

An applicant for approval of a commercial development that has entered into an agreement for partnered housing as provided in Government Code Section 65915.7, as may be amended from time to time, may be eligible for a development incentive as provided in Government Code Section 65915.7, as may amended from time to time.

(Ord. No. 348.4950, § 33, 3-2-2021)

A.

Supportive housing as defined in this ordinance that does not meet the requirements provided in subsection B. below is allowed in all zone classifications where one-family dwellings or multiple family dwellings are allowed, and shall be subject to general plan density requirements, the development standards provided in the zone classification and the permit approval process for the permit category in which the supportive housing falls.

B.

Supportive housing as defined in this ordinance meeting the requirements set forth in Government Code Section 65651, as may be amended, is allowed by right in all zone classifications where multiple family and mixed uses are allowed, and shall be subject to general plan density requirements.

C.

Transitional housing as defined in this ordinance is allowed in all zone classifications where one-family or multiple family dwellings are allowed, and shall be subject to general plan density requirements, development standards provided in the zone classification, and the permit approval process which governs the permit category in which the transitional housing falls.

(Ord. No. 348.4950, § 34, 3-2-2021)