Roseville City Zoning Code
ARTICLE III
General Development Regulations Chapter 19.20
§ 19.20.010 Purpose.
The provisions of this article apply to all zones and all use classifications unless otherwise stated.
(Ord. 5428 § 1, 2014)
§ 19.22.010 Purpose.
The purpose of these provisions is to specify the uses that are permitted as accessory to the primary uses in the zone districts, and to establish the regulations that apply to accessory structures.
(Ord. 5428 § 1, 2014)
§ 19.22.020 Accessory uses.
A.
Accessory Uses Encompassed by Primary Use. In addition to the primary uses expressly included in a use classification, each use classification shall be deemed to include such accessory uses which are specifically identified by these regulations; and such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such primary uses. It shall be the responsibility of the Planning Manager to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the primary use, based on the Planning Manager's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the primary uses and the relationship between the proposed accessory use and the primary use. Determinations by the Planning Manager shall be subject to appeal pursuant to Chapter 19.80, and a record of all such determinations shall be maintained by the Planning Manager.
B.
Accessory Uses Subject to Regulations. Accessory uses shall be regulated in the same manner as the primary uses within each use classification, except as otherwise expressly provided by these regulations.
C.
Permitted Accessory Uses for a Dwelling Use Type.
1.
Home occupation, as permitted in Chapter 19.42.
3.
Off-street parking areas and parking structures for use by persons living or visiting the premises.
4.
Repair and maintenance of automobiles or other vehicles if work is being done on a vehicle registered to a resident of the premises or not more than one automobile or other vehicle at a time if work is being done on a vehicle registered to someone other than a resident of the premises. Notwithstanding the above, repair or maintenance of any tractor trucks or semi-trucks is not permitted in any residential zone district.
5.
Rental and sales offices for the leasing and sales of units located in the same apartment or condominium complex.
6.
Portable on-demand storage containers ordinarily and customarily associated with a residential use (e.g., POD containers) subject to the following restrictions:
a.
Allowed within the designated parking area of a front- or side-yard setback for no more than 30 days in a 12-month period, provided the container does not impair motor vehicle operator view or block any portion of public right-of-way.
b.
Containers must be delivered and maintained in good condition free from rust, peeling paint, graffiti, and/or other forms of deterioration.
c.
Containers must display a notice that includes company contact information and delivery and removal dates.
E.
Permitted Accessory Uses for Commercial and Industrial Use Types.
1.
Automatic teller machine.
2.
Cafeteria, delicatessen and food vending with an area of less than 1,000 square feet.
3.
Fleet storage of company owned vehicles within a parking lot.
5.
Outdoor storage, provided that:
a.
All outdoor storage in commercial zones shall be screened from public view through a combination of building design, landscaping and berming, and/or location. Any outdoor storage that is not completely screened, as determined by the Planning Manager, is subject to an Administrative Permit;
b.
There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts except where authorized by an automobile, trailer, airplane, or boat sales business in commercial zones.
6.
Recreational facilities (indoors or outdoors) for use of employees. Such facilities include, but are not limited to: basketball courts, ballfields, putting greens and volleyball courts.
7.
Recycling collection center, as permitted by Chapter 19.56.
8.
Used goods collection center, as permitted by Chapter 19.68.
9.
Plazas.
10.
Caretaker residence when associated with a personal storage facility.
(Ord. 5428 § 1, 2014; Ord. 6954, 6/18/2025)
§ 19.22.030 Accessory structures.
A.
Accessory Structures Included With Permitted Uses. In addition to the primary structures associated with permitted uses, each use classification shall be deemed to include such accessory structures which are specifically identified by these regulations, and such other accessory structures which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such primary structures. It shall be the responsibility of the Planning Manager to determine if a proposed accessory structure is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the primary structure, based on the Planning Manager's evaluation of whether the proposed accessory structure is necessary or customarily associated with the use for which the development was constructed. Determinations by the Planning Manager shall be subject to appeal pursuant to Chapter 19.80, and a record of all such determinations shall be maintained by the Planning Manager. All accessory structures shall be located in compliance with all other applicable requirements of the zone district in which they are located and any other permits required (e.g., Design Review Permit).
B.
Accessory Structures Subject to Regulations. Accessory structures shall be regulated in the same manner as the primary structures within each zoning district, except as otherwise expressly provided by these regulations. Accessory structures may be established concurrently or following the construction of a primary structure.
C.
Permitted Accessory Structures to Dwelling Use Type (Single-Family and Two-Family).
1.
Decks and Balconies. Uncovered decks under 30 inches in height at the top of the deck sheathing are permitted anywhere on a parcel, without respect to required setbacks. Any deck or balcony (uncovered or covered) which is 30 inches or taller in height, when measured as outlined in Section 19.95.030(H)(1) (Height, Building and Other Structures), shall maintain a minimum side yard setback of two lines the required interior side yard setback for the primary structure, a rear yard setback of one-half the required rear yard setback for the primary structure, a 10-foot front yard setback, and shall be located consistent with the residential clear vision triangle requirements of Section 19.10.030(B).
2.
Unenclosed structures, including, but not limited to, shade structures, carports, boat and RV covers, patio covers and gazebos located on the ground floor. Such structures are subject to the following requirements:
a.
The structure shall not enclose any area equal to or greater than 20% on any side not attached to the residence;
b.
The structure shall not be constructed of materials which would create a year-round livable area;
c.
Less than seven feet in height:
i.
Interior Lot. Unenclosed structures less than seven feet in height may be located anywhere within a parcel, but shall maintain the required front yard setback;
ii.
Corner Lot. On the street side of a corner lot, the structure shall maintain a five-foot setback as measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way;
iii.
On the street side of a corner lot located adjacent to a key lot, the structure shall maintain a 10-foot setback as measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way.
d.
Greater than seven feet in height:
i.
The structure shall maintain the required front yard setback and a five-foot rear and side yard setback;
ii.
The structure shall not exceed 15 feet in height and one story. For each foot in height above 10 feet the required setback, except the front yard setback, shall be increased by one foot. Structures integrated into the existing roofline of the primary structure, and exceeding the height limit, or constructed concurrently with the main residence shall be considered attached to (and part of) the primary structure for purposes of this article;
iii.
On the street side of a corner lot, the structure shall maintain a five-foot setback as measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way;
iv.
On the street side of a corner lot located adjacent to a key lot, the structure shall maintain a 10-foot setback as measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way.
3.
Enclosed structures are subject to the following requirements:
a.
Less than seven feet in height:
i.
The minimum setback is five feet from the back of sidewalk or right-of-way, whichever is greater, on the street side for corner lots;
ii.
The minimum setback is 10 feet from the back of sidewalk or right-of-way, whichever is greater, when adjacent to a key lot; and
iii.
No setback is required adjacent to the rear or interior side property lines.
b.
Greater than seven feet in height:
i.
The maximum height is 15 feet and one story;
ii.
The minimum setback is five feet from the rear and side property lines;
iii.
The minimum setback is 12.5 feet from the back of sidewalk or edge of right-of-way on corner lots; and
iv.
For each foot in height above 10 feet, the required setback, except for the front yard setback, shall be increased by one foot.
c.
General.
i.
If the building or structure is located within a required rear yard setback, the total size of the building or buildings, cumulatively, shall be less than 50% of the required rear yard area.
ii.
The required front yard of the applicable residential zone district shall be maintained.
iii.
A maximum of 700 square feet of detached building(s) or structure(s) is permitted on the same lot. Additional square footage of detached accessory building(s) or structure(s) (excluding accessory dwelling units), in excess of 700 square feet, may be permitted upon approval of an Administrative Permit.
iv.
An extension of the main building or accessory building roof (e.g., a breezeway) may connect the accessory building to the primary building, but it shall not be considered part of (attached to) the main (primary) building, except as specified below. The breezeway and accessory building must maintain required side yard setbacks.
v.
Any accessory structure located less than six feet from the primary building shall be considered attached to (and part of) the primary building for purposes of this article, and shall be subject to the development standards for the primary building. Additions to primary structures are regulated pursuant to Section 19.10.030 (Residential zone general development standards).
4.
Fences and Walls. A maximum seven-foot high fence (including lattice and similar attachments) or wall may be located on a parcel consistent with the following requirements:
a.
The maximum height shall be reduced to three feet if located:
i.
Within a residential or residential driveway clear vision triangle (see Chapter 19.95, Definitions);
ii.
Within a required front setback; or
iii.
Within five feet of the back of the sidewalk of a street side for a corner lot. In the absence of a sidewalk, the five-foot setback is measured from the back of the right-of-way.
 |
b.
When there is a difference in the ground level between two adjoining parcels, the height of any fence or wall constructed along a common property line shall be determined by using the finished grade of the highest contiguous parcel.
c.
The height of a fence or wall may be increased a maximum of one foot to provide for noise attenuation or buffering of adjacent land uses, subject to approval of an Administrative Permit. Fences and walls in excess of eight feet may be permitted subject to the approval of a Conditional Use Permit.
d.
The provisions of this section shall not apply to any fence or wall required by any law or regulation of the City or State.
5.
Flag Poles. The pole may be a maximum of 35 feet in height and shall maintain a minimum five-foot setback from any property line.
6.
Security facilities, including security gates and gate houses at a project entrance.
7.
Antennas, including HAM radio, radio and television receiving antennas subject to requirements of Chapter 19.34.
8.
Children's play equipment, including playsets, playhouses and tree houses.
9.
Recreation facilities, including recreation activity courts and facilities (excluding associated fencing and netting), swimming pools, spas and hot tubs, which are customarily associated with residential use, are permitted in the rear and side yards. Recreational facilities shall not include automated pitching equipment or similar noise generating recreation equipment not typically associated with residential use.
10.
Satellite Dishes. Satellite dishes as allowed as per Chapter 19.34.
11.
Entry Arbors. Entry arbors may be located within the required front yard setback provided they do not cover more than 25 square feet in area and do not exceed a height of 10 feet.
12.
Landscape Features Landscape features including fountains less than seven feet in height may be located within the front yard setback provided the feature is located outside of the clear vision triangle and does not exceed 25 square feet in area.
13.
Mailboxes. United States Postal Service (USPS) mailboxes may be located within the required front yard setback provided the mailbox is located outside of the clear vision triangle and does not exceed six square feet in area. The mailbox must also comply with the USPS requirements.
14.
Outdoor Living Elements Outdoor living elements, including, but not limited to, outdoor fireplaces and outdoor kitchens, are not permitted in the required front yard and shall adhere to the development requirements for enclosed accessory structures.
15.
Shipping Containers. Shipping containers are not ordinarily and customarily associated with residential uses and are prohibited on residential property.
16.
Exceptions to Setbacks. Notwithstanding the requirements of subsection A of this section, the following structures are permitted to encroach into the required development setbacks, as follows:
a.
Architectural features, such as, but not limited to: cornices, eaves and similar features, but not any flat wall may encroach up to two feet into any required setback.
17.
Exceptions to Accessory Structure Requirements. Unless otherwise noted that a Conditional Use Permit is required, an exception to the requirements of this section may be approved subject to the approval of an Administrative Permit.
D.
Permitted Accessory Structures to Dwelling Use Type (Multi-Family).
1.
Bicycle lockers and off-street parking areas.
2.
Decks and Balconies. Uncovered decks under 30 inches in height at the top of the deck sheathing are permitted anywhere on a parcel, without respect to required setbacks. Any deck or balcony (uncovered or covered) of 30 inches or taller in height, when measured as outlined in Section 19.95.030(H)(1)Height, Building and Other Structures), shall maintain a minimum side yard setback of two times the required interior side yard setback for the primary structure, a rear yard setback of one-half the required rear yard setback for the primary structure, a 10-foot front yard setback and shall be located consistent with the residential clear vision triangle requirements of Section 19.10.030(B).
3.
Unenclosed structures, including detached shade structures, covered patios, arbors, and gazebos located on the ground floor. Such structures are subject to the following requirements:
a.
The structure shall not enclose any area equal to or greater than 20% on any side;
b.
The structure shall not be constructed of materials which would create a year round livable area;
c.
The structure shall not exceed 15 feet in height and one story. For each foot in height above 10 feet the required setback, except the front yard setback, shall be increased by one foot;
d.
The structure shall maintain a 15-foot front yard setback and a five-foot rear and side yard setback;
e.
On the street side of a corner lot, the structure shall maintain a five-foot setback as measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way;
f.
On the street side of a corner lot located adjacent to a key lot, the structure shall maintain a 10-foot setback as measured from the back of the sidewalk or right-of-way; and
g.
The size or location of the structure does not violate any requirements of an approved site review, design review or Administrative Permit.
4.
Fences and Walls. A maximum seven-foot high fence (including lattice and similar attachments) or wall may be located anywhere on a parcel consistent with the following requirements:
a.
The maximum height shall be reduced to three feet if located:
i.
Within a residential or residential driveway clear vision triangle (see Chapter 19.95, Definitions);
ii.
Within a required front setback; or
iii.
Within five feet of the back of the sidewalk of a street side for a corner lot. In the absence of a sidewalk, the five-foot setback is measured from the back of the right-of-way.
b.
When there is a difference in the ground level between two adjoining parcels, the height of any fence or wall constructed along a common property line shall be determined by using the finished grade of the highest contiguous parcel.
c.
The height of a fence or wall may be increased a maximum of one foot to provide for noise attenuation or buffering of adjacent land uses, subject to approval of an Administrative Permit. Fences and walls in excess of eight feet may be permitted subject to the approval of a Conditional Use Permit.
d.
The provisions of this section shall not apply to any fence or wall required by any law or regulation of the City or State.
5.
Flag Poles. The pole may be a maximum of 35 feet in height and shall maintain a minimum five-foot setback from any property line.
6.
Security facilities, including security gates and gate houses at a project entrance.
7.
Antennas, including HAM radio, radio and television receiving antennas subject to the requirements of Chapter 19.34.
8.
Recreation facilities, including recreation activity courts and facilities, children's play equipment, swimming pools, spas and hot tubs.
9.
Satellite Dishes. Satellite dishes as allowed as per Chapter 19.34.
10.
Signs, as permitted by Title 17 of this Code.
11.
Transit facilities.
12.
Trash enclosures and recycling facilities.
13.
Exceptions to Accessory Structure Requirements. Unless otherwise noted that a Conditional Use Permit is required, an exception to the requirements of this section may be approved subject to the approval of an Administrative Permit.
E.
Permitted Accessory Structures to Commercial and Industrial Use Types.
1.
Bicycle lockers, and off-street parking areas and structures.
2.
Unenclosed structures, including arbors and gazebos.
3.
Detached enclosed storage.
4.
Detached unenclosed storage buildings and pole buildings associated with the outdoor display of building materials, nursery stock, or other materials which are typically displayed outdoors or under a canopy.
5.
Fences and walls, except that no fence or wall in excess of three feet may be located within a commercial clear vision triangle (see Definition);
6.
Flag Poles. The pole may be a maximum of 35 feet in height and shall maintain a minimum five- foot setback from any property line.
7.
Security facilities, including security gates and gate houses at a project entrance.
8.
Antennas, including HAM radio, radio and television receiving antennas subject to the requirements of Chapter 19.34.
9.
Recreation facilities, including recreation activity courts and facilities for use by employees.
10.
Satellite Dishes. Satellite dishes as allowed as per Chapter 19.34.
11.
Signs, as permitted by Title 17 of this Code.
12.
Transit facilities.
13.
Trash enclosures and recycling facilities.
F.
Prohibited Accessory Uses and Structures Within All Zone Districts and Use Types.
1.
Outdoor Storage. Storage of loose rubbish, garbage, junk or their receptacles shall not be visible from any public right-of-way. Outdoor storage of other materials and equipment may be permitted consistent with the use types and permit requirements of Article II of this title.
2.
Vehicles for Sale. No vehicles shall be stored or displayed for sale on any undeveloped parcel or on any property zoned for commercial or industrial uses except where authorized for automobile sales pursuant to this title.
3.
Fences. The use of barbed wire, electrified fence, razor wire or similar security devices in conjunction with any fence, wall, or hedge, or by itself is prohibited, except in the following circumstances:
a.
For security purposes in non-residential zones, where the barbed wire, electrified wire, or razor wire is located a minimum of six feet above the ground;
b.
Where property is zoned urban reserve and is still being primarily utilized for agricultural purposes; and
c.
Where required by any permit condition, law or regulation of the City or State.
§ 19.24.010 Purpose.
The purpose of the provisions of this chapter is to regulate nonconforming uses, structures and parcels, and to establish conditions under which nonconforming uses, structures and parcels, may be expanded, structurally altered or developed.
(Ord. 5428 § 1, 2014)
§ 19.24.020 Nonconforming uses and structures.
A.
Applicability. These regulations shall apply to all nonconforming uses, structures and parcels lawfully constructed or created in compliance with this Code and State law, or if within the Atlantic Street Corridor, Douglas-Harding Corridor, or Douglas-Sunrise Corridor Specific Plans, shall be regulated pursuant to Section 19.33.040.
B.
Nonconforming Use. A nonconforming use may be continued, provided that no such use shall be enlarged or increased, nor extended to occupy a greater area than that which it lawfully occupied before becoming a nonconforming use except as otherwise allowed in this chapter or as follows:
1.
Residential Use in a Commercial, Industrial or PD Zone. The nonconforming use of a residential building in a nonresidential district may continue to be used as a residence subject to the residential zone development standards requirements of Section 19.10.030(A) (R1 district), until such time as the building is condemned, removed, or converted.
2.
Nonresidential Use in a Residential Zone. No expansion or modification of a nonresidential use in a residential zone shall be permitted.
3.
Expansion of a Nonconforming Use in a Commercial, Industrial or PD Zone. A nonconforming use, except for a residential use, in a commercial, industrial or PD zone may be expanded or modified provided that a Conditional Use Permit is first secured.
4.
Substitution of Nonconforming Use. Except as otherwise prohibited in subsection (C)(2), a nonconforming use may be substituted with a different nonconforming use provided it has the same, or a less intensive, use classification, only upon approval of a Conditional Use Permit. Such a new nonconforming use shall occupy the same area that is occupied by the existing nonconforming use.
C.
Nonconforming Structure. A nonconforming structure may be used and maintained except as otherwise specified in this chapter or as follows:
1.
Residential Buildings.
a.
Enlargement, extension, reconstruction, or structural alteration of a building designed as a dwelling, that is nonconforming only as to height and setback regulations is permitted if such additions or improvements conform to all other applicable provisions of this title, and the new construction does not expand the nonconformity.
b.
Enlargement, extension, reconstruction, or structural alteration of a building designed as a dwelling in a nonresidential district is permitted if such additions or improvements conform to all provisions of the district and the new construction does not expand the nonconformity.
2.
Nonresidential Buildings. Enlargement, extension, reconstruction, or structural alteration of a building designed for nonresidential purposes that is nonconforming only as to height and setback regulations is permitted if such additions or improvements conform to all other applicable provisions of this title and the new construction does not expand the nonconformity.
a.
Enlargement, extension, reconstruction, or structural alteration of a building designed for nonresidential purposes in a residential zone is not permitted.
D.
Nonconforming Off-Street Parking. Reconstruction or structural alteration of a building with nonconforming parking or loading facilities, is permitted provided there is no expansion of use requiring additional parking as required by Section 19.26.030. The existing nonconforming parking and loading for the building may remain unchanged.
E.
Damaged and Destroyed Nonconforming Buildings.
1.
Damaged Building. A nonconforming building which is damaged by fire or calamity destroying 50 percent or less of its value, as determined by the chief building inspector, may be reconstructed, provided the structure shall not increase the degree of nonconformity.
2.
Destroyed Building.
a.
Building with a Nonconforming Use. The reconstruction of a building which is damaged by fire or calamity in excess of 50 percent of its value, as determined by the chief building inspector, which at the time was devoted to a nonconforming use, may be reconstructed only upon approval of a Conditional Use Permit. The nonconforming use shall not occupy a larger area of the reconstructed building than was occupied prior to its destruction. The reconstruction of the building shall be completed within 12 months of the date of damage or within the time frame specified in the Conditional Use Permit. No portion of the building as reconstructed, shall be located within the floodway overlay zone.
b.
Nonconforming Building. The reconstruction of a building which is damaged by fire or calamity in excess of 50 percent of its value, as determined by the chief building inspector, which at the time was a nonconforming building, may be reconstructed only upon approval of a variance. The nonconforming building may be enlarged provided that any enlargement does not increase the nonconformity. The reconstruction of the building shall occur within 12 months after the date of damage. No portion of the building as reconstructed, shall be located within the floodway overlay zone.
F.
Loss of Nonconforming Status. Except as provided in subsection (B)(1) of this section or where a shorter time period is specified by this title, a nonconforming use of a parcel or a nonconforming use of a conforming building which is discontinued for a period of six months shall be deemed abandoned. Without further action by the City, further use of the parcel or structure shall comply with all the regulations of the zone district in which the parcel or structure is located, and all other applicable provisions of this title.
(Ord. 5428 § 1, 2014; Ord. 6603 § 2, 2023)
§ 19.24.030 Nonconforming parcels.
A parcel that does not comply with the minimum requirement of this title for the zone district in which it is located, may be used as a building site if it complies with either of the criteria specified below. It shall be the responsibility of the applicant to produce sufficient evidence to establish one of the following:
(Ord. 5428 § 1, 2014)
§ 19.26.010 Purpose.
The requirements for off-street parking established by this chapter are intended to minimize traffic congestion and hazards to motorists and pedestrians, to provide safe, attractive, and convenient off-street parking facilities with vehicular access to all land uses, to provide off-street parking in proportion to the needs generated by varying land uses, to ensure access to projects by emergency response vehicles, and to ensure that parking areas are compatible with the surrounding land uses.
(Ord. 5428 § 1, 2014)
§ 19.26.020 General off-street parking requirement.
All approved land uses shall be designed and developed to provide the number of off-street parking spaces required by Section 19.26.030 (Parking space requirements by use type), and designed as required by Section 19.26.040 (Design and improvement of parking).
A.
Accessible Parking. Parking lots shall include the number of accessible parking spaces as required by Title 24 of the California Code of Regulations. Accessible spaces count toward the total number of parking spaces required by Section 19.26.030. Accessible parking spaces shall be designed as provided in Section 19.26.040(A)(1)(a).
B.
Company Vehicles. In addition to the number of off-street parking spaces required by Section 19.26.030 (Parking space requirements by use type), nonresidential uses shall provide one parking space for each company vehicle that is parked on the site during normal business hours. These spaces may be located within a building.
C.
Bicycle Spaces. Bicycle parking, at a minimum, shall be provided to comply with the California Building Code. Any bicycle space required as part of the Transportation System Management Plan can be counted to fulfill the requirements of this section.
D.
Clean Air Vehicle and Electric Vehicle (EV) Charging Station Parking. Parking lots shall include the number of clean air parking spaces and EV charging station spaces as required by Title 24 of the California Code of Regulations. Such spaces shall count towards the total number of parking spaces required by Section 19.26.030.
E.
Accessibility and Usability. All required off-street parking spaces shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times. The usability of required parking spaces shall be maintained as follows:
1.
Required off-street parking spaces shall not be used for any purpose that at any time would prevent vehicles from parking in required parking spaces, except as permitted by Chapter 19.64 (Temporary Uses).
2.
Driveways shall not be used for any purpose that would prevent vehicle access to parking spaces, or inhibit circulation or emergency service response.
3.
All required parking spaces must be available for use by tenants, customers and visitors to the site at all times. Parking spaces shall not be reserved for an individual tenant or customer, or be reserved for a limited period of time.
4.
When park and ride spaces are provided, such spaces may be counted towards the required parking for the project site provided the peak use of the project does not coincide with the park and ride reserved hours. Typically park and ride spaces are reserved for park and ride uses Monday through Friday from 6:30 a.m. to 6:30 p.m.
(Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)
§ 19.26.030 Parking space requirements by use type.
The number of off-street parking spaces required for the land uses identified by Article II (Regulations for the Principal and Special Purpose Zones) shall be as provided by this section, except where parking requirements are established by Article IV (Special Area and Specific Use Requirements) for a particular use.
A.
Number of Spaces Required. The number of off-street parking spaces required for new uses shall be based upon the use type, listed below.
1.
Terms Used in Tables. The following terms are used throughout the tables and are defined below:
“Square feet” means the total gross building/tenant space area;
“Use area” means the total of gross building/tenant space area plus the gross area of any outdoor/storage/ activity.
2.
Civic use types shall provide off-street parking spaces as follows:
CIVIC USE TYPES | NUMBER OF PARKING SPACES REQUIRED |
|---|---|
Community Assembly | |
Places of Worship(1) | 1 per 3 fixed seats or 1:50 sq. ft. for non-fixed seats in the assembly area, plus 1 per classroom |
Club, Lodges, Meeting Halls | 1 per 3 fixed seats or 1:50 sq. ft. for non-fixed seats in the assembly area |
Public Community Facilities | As determined as part of the design review approval |
Community Services | As determined as part of the design review approval |
Essential Services | None |
Hospital Services | |
General Hospital Services | 1 per doctor, plus 1 per 3 employees for the largest shift, plus 1 per 3 beds |
Psychiatric Hospital Services | 1 per doctor, plus 1 per 3 employees for the largest shift, plus 1 per 3 beds |
Intensive Public Facilities | As determined as part of the design review approval |
Libraries and Museums, Private | 1 per 400 sq. ft. |
Public Parking Services | As determined as part of the design review approval |
Schools | |
Colleges and Universities | As determined as part of the design review approval |
Public/Private Elementary, Middle and Junior High | 2 per classroom, plus 60 lineal feet of loading area for every 100 students |
High Schools | 1 per classroom, plus 1 per every 4 students, plus 60 lineal feet of loading area for every 200 students |
Social Services | |
Emergency Shelter | 1 per staff member |
Food Distribution | 1 per employee, plus 1 per every 500 sq. ft. of floor area |
Food Service Facility | 1 per employee, plus 1 per every 4 seats within facility |
Notes: | |
|---|---|
(1) | A 50% reduction in required religious-use parking spaces is permitted by-right in conjunction with a housing development project proposed on property owned, controlled, and operated by a religious institution, and which is used for the purpose of regular assembly by members of the institution. (Refer to Government Code Section 65913.6, as may be amended from time to time.) |
3.
Residential use types shall provide off-street parking spaces as follows:
RESIDENTIAL USE TYPES | NUMBER OF PARKING SPACES REQUIRED |
|---|---|
Accessory Dwelling Units | |
Studios | None |
1+ Bedrooms | 1 per dwelling. For exceptions, see Chapter 19.60 (Accessory Dwelling Units) |
Caretaker/Employee Housing | 2 per dwelling |
Community Care Facility, Small | 2 per dwelling |
Community Care Facility, Large | 2 per dwelling plus 0.5 per sleeping room (a maximum of 2 spaces may be located within the front setback) |
Dwelling | |
Multi-Family | |
Studio | 1.5 per unit, plus guest parking (see below) |
1 Bedroom | 1.5 per unit, plus guest parking (see below) |
2+ Bedrooms | 2 per unit, plus guest parking (see below) |
Senior Citizen Apartments | 1 per unit, plus guest parking (see below) |
Guest Parking | Projects with 10 or more dwelling units shall provide 1 additional space for each 10 dwelling units or portion thereof |
Single-Family and Two-Family | 2 per dwelling |
Mobile Home Park | 2 per dwelling unit plus 1 guest space for each 10 dwelling units or portion thereof |
Rooming and Boarding Houses | 2 per dwelling plus 0.5 per sleeping room (a maximum of 2 spaces may be located within the front setback) |
4.
Commercial use types shall provide off-street parking spaces as follows, but no fewer than four spaces for each separate commercial use or tenant:
COMMERCIAL USE TYPES | NUMBER OF PARKING SPACES REQUIRED |
|---|---|
Adult Business Establishments | 1 per 300 sq. ft. |
Animal Sales and Service | |
Grooming and Pet Stores | 1 per 300 sq. ft. |
Kennels | Minimum 10 spaces |
Veterinary Clinic | 1 per 150 sq. ft. |
Veterinary Hospital | 1 per 150 sq. ft. |
Automotive and Equipment | |
Automotive Rentals | 1 per 300 sq. ft. of office plus 1 per 1,000 sq. ft. of fleet or vehicle storage area |
Automotive Repairs | 1 per 400 sq. ft. plus 1 per bay plus 1 for every company vehicle |
Automotive Sales | 1 per 1,000 sq. ft. of indoor and outdoor display area |
Car Wash and Detailing | |
Full Service | 10 spaces or 3 times internal washing capacity, whichever is greater; additional parking required for drying or vacuum areas and 100 lineal feet for stacking |
Self-Service | 4 spaces; additional parking required for drying or vacuum areas and 20 lineal feet in front of each bay for stacking |
Automatic Car Wash Service | 1 space per drying and vacuum areas plus 100 linear feet in front of car wash for stacking |
Commercial Parking | As determined as part of the design review approval |
Equipment Rental and Sales | 1 per 300 sq. ft. of office plus 1 per 1,000 sq. ft. of outdoor display area |
Gasoline Sales | |
With Neighborhood Commercial Sales | 1 per 300 sq. ft. of commercial sales area with a 5 space minimum |
Without Neighborhood Commercial Sales | 5 spaces |
With Repair | 1 per 300 sq. ft. of commercial sales area with a 5 space minimum plus 2 spaces per service bay |
Impound Yards | 1 per 250 sq. ft. of office plus 1 for every company vehicle |
Storage of Operable Vehicles | 1 per 250 sq. ft. of office plus 1 for every company vehicle |
Banks and Financial Institutions | 1 per 250 sq. ft. plus 1 additional space per ATM machine which may be a reserved space at the discretion of the property owner or landlord |
Bars and Drinking Places | 1 per 50 sq. ft. |
Broadcasting and Recording Studios | As determined as part of the design review approval |
Building Material Stores | 1 per 300 sq. ft. of building area plus 1 per 1,000 sq. ft. of outdoor display/storage area |
Business Support Services | 1 per 300 sq. ft. |
Commercial Recreation | |
Amusement Center | 1 per 200 sq. ft. |
Indoor Entertainment | |
Theater | 1 per 3.5 fixed seats or 1 per 50 sq. ft. for non-fixed seating or as determined as part of the design review approval |
Indoor Sports and Recreation | |
Billiard and Pool Hall | 2 per table plus additional spaces as required for other uses in the facility (e.g., restaurant) |
Bowling Center | 5 per lane plus additional spaces as required for other uses in the facility (e.g., restaurant) |
Handball, Tennis, Racquet Ball Facilities | 2 per court plus additional spaces as required for other uses in the facility (e.g., restaurant) |
Health Clubs and Athletic Clubs | 1 per 150 sq. ft. of weight room, pool and spa area plus 1 per 50 sq. ft. of aerobics or martial arts area plus 1 per tanning or massage room plus additional spaces as required for other uses in the facility, excluding area for locker and dressing rooms |
Indoor Sport Arenas (such as soccer, volleyball) | 50 per field or sports court plus 1 per 3 fixed seats for spectator area plus additional spaces as required for other uses at the facility (e.g., retail) |
Skating/Ice Rinks | 1 per 175 sq. ft. |
Outdoor Entertainment | As determined as part of the design review approval |
Outdoor Sports and Recreation | |
Amusement Parks | As determined as part of the design review approval |
Driving Range | 1.5 per tee plus additional spaces as required for other uses at the facility (e.g., golf course) |
Golf Course | 6 per hole plus additional spaces as required for other uses at the facility (e.g., driving range, restaurant, pro shop) |
Handball, Tennis, Racquet Ball Facilities | 2 per court plus additional spaces as required for other uses at the facility (e.g., restaurant) |
Miniature Golf Course | 2 per hole plus additional spaces as required for other uses at the facility (e.g., restaurant) |
Swimming Pools | 1 per 100 sq. ft. of pool area |
Residential Recreation Facilities | As specified for the sum of all of the uses within the facility by utilizing the parking requirement for each use as outlined throughout this chapter |
Large Amusement Complexes | As determined as part of the design review approval |
Community Care Facilities | 0.75 per unit |
Day Care Centers | 1 per employee plus 1 per company vehicle plus a loading space for every 8 persons at the facility. The number of persons permitted at the facility is determined as a part of the licensing by the state or county |
Eating and Drinking Establishments | |
Fast Food with Drive Through | 1 per 100 sq. ft. |
Convenience | 1 per 100 sq. ft. |
Full Service | 1 per 100 sq. ft. |
Enclosed Outdoor Seating See Chapter 19.52 | 1 per 100 sq. ft. |
Food and Beverage Retail Sales | 1 per 300 sq. ft. |
Funeral and Interment Services | 1 per 3 fixed seats or 1 per 50 sq. ft. of assembly area |
Lodging Services | 1 per room plus additional spaces as required for other uses in the facility |
Long-Term Care Facilities | 1 per 3 employees for largest shift, plus 1 per 3 beds |
Maintenance and Repair of Appliances | 1 per 300 sq. ft. |
Medical Services | |
General | 1 per 150 sq. ft. |
Low Traffic Generating | 1 per 200 sq. ft. |
Medical Campus/MOB | 1 per 200 sq. ft. |
Neighborhood Commercial | 1 per 300 sq. ft. |
Nightclubs | 1 space per 2 occupants based on maximum occupancy load of the building as calculated by the California Building Code plus bus space as determined as part of the Conditional Use Permit |
Nursery, Retail | 1 per 300 sq. ft. plus 1 per 1,000 sq. ft. of outdoor display/storage area |
Offices, Professional | 1 per 250 sq. ft. of net leasable square footage. Where a more intensive office use, as determined by the Planning Manager (i.e., call and telemarketing centers), is proposed the required parking shall be determined as part of the Design Review Permit approval, or via a zoning clearance pursuant to the provisions of Section 19.26.030(B) |
Personal Services | 1 per 300 sq. ft. |
Retail Sales and Services | |
Furniture, Large Appliance, Floor Covering | 1 per 400 sq. ft. |
General Retail | 1 per 300 sq. ft. |
Shopping Centers (minimum of 4 commercial establishments, designed or planned in a coordinated fashion, utilizing such elements as common access and parking) | Designed and planned at 1 per 200 sq. ft. As tenant spaces are leased, each tenant shall utilize the parking requirement for that use as outlined in this chapter |
Specialized Education and Training | |
Vocational Schools and Specialty Schools | 1 per 50 sq. ft. of instructional area plus 1 per 250 sq. ft. of office area |
Storage, Personal Storage Facilities | 4 spaces plus 2 spaces for the manager’s quarters |
5.
Industrial use types shall provide off-street parking spaces as follows, but no fewer than four spaces for each separate industrial use or tenant:
INDUSTRIAL USE TYPES | NUMBER OF PARKING SPACES REQUIRED |
|---|---|
Day Care Centers, Secondary | None, see parking requirements for applicable industrial use type |
Equipment and Material Storage Yards | 1 per 300 sq. ft. plus 1 per 10,000 sq. ft. of yard area |
General Industrial | 1 per 1,000 sq. ft. Where other uses exceed 10% of the gross floor area (e.g., office, warehouse, etc.) the parking requirement shall be the combined total for each use as outlined in this chapter or as otherwise determined by design review approval |
Hazardous Materials Handling | 1 per 1,000 sq. ft. Where other uses exceed 10% of the gross floor area (e.g., office, warehouse, etc.) the parking requirement shall be the combined total for each use as outlined in this chapter or as otherwise determined by design review approval |
Light Manufacturing | 1 per 1,000 sq. ft. Where other uses exceed 10% of the gross floor area (e.g., office, warehouse, etc.) the parking requirement shall be the combined total for each use as outlined in this chapter or as otherwise determined by design review approval |
Recycling, Scrap and Dismantling | |
Enclosed | 1 per 250 sq. ft. of office area, plus 1 per 10,000 sq. ft. of yard area |
Unenclosed | |
Research Services | 1 per 3,000 sq. ft., plus 1 per company vehicle |
Specialized Industrial | As determined as part of the design review approval |
Wholesale and Distribution | |
Light | 1 per 1,000 sq. ft. Where other uses exceed 10% of the gross floor area (e.g., office, warehouse, etc.) the parking requirement shall be the combined total for each use as outlined in this chapter or as otherwise determined by design review approval |
Heavy | |
6.
Transportation and communication use types shall provide off-street parking spaces as follows:
TRANSPORTATION AND COMMUNICATION USE TYPES | NUMBER OF PARKING SPACES REQUIRED |
|---|---|
Antennas and Communications Facilities | |
Developed Lot | None, see parking requirements for applicable use type |
Undeveloped Lot | 1 per full-time employee |
Bus Depots | As required by Chapter 19.36 |
Heliports | As determined as part of the design review approval |
Intermodal Facilities | As determined as part of the design review approval |
B.
Special Parking Requirements. The number of parking spaces required for uses not specifically listed in subsection A shall be determined by the Planning Manager based on common functional, product or compatibility characteristics and activities, as provided for in Section 19.08.050 (Classification of uses not specifically listed).
1.
Uses Not Listed. The number of parking spaces required for uses not specifically listed in subsection A shall be determined by the Planning Manager based on common functional, product or compatibility characteristics and activities, as provided for in Section 19.08.050 (Classification of uses not specifically listed).
2.
New Buildings or Development Projects Without Known Tenants. If the type of tenants that will occupy a non-residential building are not known at the time of the development entitlement or building permit approval, the amount of parking to be provided shall be:
The minimum number of parking spaces required by subsection A for any land use allowed on the site by the applicable zoning, provided that the Planning Manager determines the proposed building as designed can reasonably accommodate such use, and provided further a zoning clearance certification is obtained to authorize the use.
3.
Mixed Use Projects. Where a project contains more than one major use classification (such as a residential and a commercial use), the amount of parking to be provided shall be the total of that required for each use, except as otherwise provided by subsection C (Adjustment to Number of Required Parking Spaces).
4.
Tenant Spaces with Multiple Functions. When a tenant has several functions, such as sales and office, the amount of parking to be provided for the tenant shall be calculated as specified by subsection A for the primary use, using the gross floor area of the tenant space.
5.
Tenant Spaces with Accessory Storage. When a tenant has enclosed accessory storage in excess of 2,000 square feet, the required parking for that portion of the tenant space dedicated to storage shall be calculated as specified by subsection (A)(5) for warehousing which is one parking space per 1,000 square feet of warehousing. The required parking for the remainder of the tenant space shall be calculated as specified in subsection A using the primary use.
6.
Changes in Use. When an existing use is enlarged, increased or intensified, or a new use having greater parking requirements than the previous use is proposed, the required number of parking spaces for the new use or existing, enlarged, increased or intensified use shall be calculated as specified by subsection A.
7.
Rounding Off. When the required number of parking spaces is other than a whole number, the total number of spaces shall be rounded to the nearest whole number (0.49 and below round down, 0.50 and above round up).
8.
Commercial Centers. Commercial centers and building complexes shall provide parking which is the sum of all users within the commercial center or building complex as specified in subsection A, regardless of whether or not the parking is provided on a single or multiple parcels. Where parking is provided on multiple parcels, reciprocal parking and access agreements shall be recorded to provide equal use and access to parking for all users within the commercial center or building complex.
9.
Professional Office Uses. Professional office projects shall calculate parking based on the net leasable square footage of the proposed office building(s). Net square footage shall be 90 percent of the total square footage of the proposed building(s). The net square footage shall be determined at original building shell approval and subsequent tenant improvements shall not be granted any additional reduction for net square footage.
C.
Adjustment to Number of Required Parking Spaces. The number of parking spaces required by subsection A may be reduced as follows:
1.
Specific Plan Provisions. Provisions may be made in a specific plan to allow reductions in the number of required parking spaces based upon special provisions, such as providing golf cart or electric car parking where special provisions are made for golf carts or electric cars.
Parking Reductions for Shared Parking. If an applicant believes the number of parking spaces required for their building complex as specified in subsection A (which is the sum of all the users within the building complex) is not applicable because the hours of operation of different tenants/uses within the building complex will effectively allow for dual use of the parking spaces then the applicant may request an Administrative Permit. The Approving Authority shall be the Planning Manager. The applicant shall have the burden of proof for requesting a reduction in the total number of required off-street parking spaces, and documentation shall be submitted substantiating this request. Shared parking reductions shall only be approved by the Approving Authority if:
a.
A sufficient number of spaces are provided to meet the greatest parking demand of the participating uses;
b.
Satisfactory evidence is provided describing the nature of the uses and the times when the uses operate so as to demonstrate the lack of potential conflict between them;
c.
Overflow parking will not impact any adjacent use; and
d.
Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Planning Manager are executed to assure that the required parking spaces provided are maintained and uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the project.
2.
Parking Reductions for an Individual Use. If an applicant for a proposed use believes the number of parking spaces required for their use as specified in subsection A is not applicable because their use functions differently than the generic use type and associated parking standards established in this title, then the applicant may request an Administrative Permit. The Approving Authority shall be the Planning Manager. The applicant shall have the burden of proof for requesting a reduction in the total number of required off-street parking spaces, and documentation shall be submitted substantiating the request. Such documentation may include, but is not limited to: a parking study of another facility of the same use which is similar in size and operation, calculating the required parking spaces with field data of peak parking usage. Reduced parking shall only be approved by the Approving Authority if:
a.
Satisfactory evidence is provided describing the nature of the use, the operation and data from other facilities or similar facilities so as to demonstrate that the required parking standards are excessive and the proposed parking standards are appropriate; and
b.
Overflow parking will not impact any adjacent use.
3.
Parking Reductions for Eating and Drinking Establishments. The Approving Authority for any application for a parking reduction by an eating and drinking establishment as The required development plans for a major project shall consist of three defined in Section 19.08.090(L) shall be the Planning Manager. The Planning Commission shall be the Approving Authority for any application requesting a parking reduction where the request would result in a cumulative parking reduction of 15% or more for the center in which the eating and drinking establishment is located.
D.
Downtown/Old Town Parking Requirements. All principally permitted uses within the historic district (HD) and central business district (CBD) zone districts, with the exception of community assembly, colleges and universities, and new uses requiring and discretionary permit shall be permitted in the HD and CBD zone districts without the need to provide additional off-street parking.
Community assembly, college and university uses and new uses which require a discretionary permit, shall comply with the parking standards specified in subsection A, or request approval of a parking reduction or variance from the parking standards.
(Ord. 5428 § 1, 2014; Ord. 5974 § 10, 2018; Ord. 6198 § 1, 2020; Ord. 6538 § 9, 2022; Ord. 6603 § 3, 2023; Ord. 6662 § 4, 2023; Ord. 6954, 6/18/2025)
§ 19.26.040 Design and improvement of parking.
Parking spaces and areas shall be designed in accordance with this section.
A.
Parking Lot and Parking Space Design and Layout. Except where otherwise provided by Section 19.26.030(C) (Adjustment to Number of Required Parking Spaces), parking spaces shall be designed as follows:
1.
Parking Space Design. Except as provided below, all parking spaces shall be standard spaces, designed to accommodate full-sized passenger vehicles.
a.
Parking Space Sizes. Standard spaces shall be a minimum of nine feet by 18 feet; compact car spaces shall be a minimum of nine feet by 16 feet; and parallel parking spaces shall be a minimum of 10 feet wide by 22 feet long. Accessible spaces shall be a minimum of nine feet by 18 feet with a five-foot loading area; an accessible van space shall be a minimum of nine feet by 18 feet with an eight-foot loading area.
b.
Compact Car Space Substitution. Parking lots with a minimum of 20 parking spaces may substitute standard spaces with compact spaces for up to 30 percent of the total parking spaces required. Each compact space shall be labeled “COMPACT” or “C.”
c.
Motorcycle Space Substitution. Parking lots with a minimum of 40 parking spaces may substitute standard parking spaces with motorcycle spaces. One standard parking space may be replaced with a motorcycle space for each 40 required standard parking spaces. Motorcycle spaces shall be a minimum size of three by six feet.
d.
Bicycle Space Sizes. Each bicycle space shall be a minimum of two feet by six feet to prevent encroachment into any walkway, parking space, landscape area or similar.
2.
Parking Lot Design. The design and layout of parking lots shall conform to the following standards:
a.
Circulation Aisle Width with Parking. The minimum width of a two-way drive aisle providing access to parking spaces shall be 24 feet. The minimum width of a one-way drive aisle providing access to parking spaces shall be as follows:
ANGLE | AISLE WIDTH |
|---|---|
90° | 24′ |
60° | 18′ |
45° | 14′ |
PARALLEL | 12′ |
 |
Other parking designs utilizing other parking angles may be approved upon securing an Administrative Permit.
b.
Circulation Aisle Width Without Parking. The minimum width of a two-way drive aisle with no parking on either side of the drive aisle is 20 feet. The minimum width of a one-way drive aisle with no parking on either side of the drive aisle is 12 feet.
c.
Circulation Aisle for Emergency Access. The minimum width of a drive aisle needed for an emergency response vehicle shall be 20 feet.
d.
Vehicular Overhang. Vehicular overhang is permitted, provided no vehicle shall overhang into a sidewalk which would reduce the unencumbered width of a sidewalk to less than four feet. A vehicle is permitted to overhang into a landscaped area by two feet, provided that the required landscaped area is extended by two feet.
e.
Perimeter Landscaping. Where a parking lot is adjacent to a public right-of-way, a landscape planter shall be established and continuously maintained between the public right-of-way and the parking lot. The minimum width of the landscape planter shall be determined by the design guidelines or the applicable specific plan landscape guidelines. In addition, all unused right-of-way between the public street and the parking lot shall be landscaped and maintained by the property owner.
f.
Bicycle Racks and Lockers. When bicycle spaces are required, a bicycle rack or locker shall be installed. The bicycle rack shall be designed to allow a bicycle to be secured to the rack. The location of the bicycle rack or locker shall not encroach into the sidewalk which would reduce the unencumbered width of the sidewalk to less than four feet and shall provide adequate clearance surrounding the rack or locker such that bicycles shall not encroach into any walkway, parking space, landscape area or similar.
g.
Curb Stops. A permanent curb, bumper, wheel stop or similar device at least six inches in height shall be installed adjacent to sidewalks, planters and other landscaping areas, parking lot fixtures and buildings and walls to protect these improvements from vehicular damage. The stopping edge of such protected bumper shall be placed no closer than two feet from the above noted improvement.
h.
Parking Space Design. All parking spaces shall be delineated and separated by a painted divider (double stripe) as shown on the typical stall illustration below. The stripes shall be a four-inch solid line painted either white or yellow in color. The use of graphics or text in or around the striping is prohibited. The striping shall be maintained in a clear and visible manner.
 |
However, existing parking areas with single striping, which require additional parking spaces or modified parking spaces due to building expansion, parking lot restriping or reconfiguration may maintain the single striping upon securing an Administrative Permit. |
B.
Controlled Access Required. All parking spaces (including garage spaces) required for any land use other than a single-family or two-family dwelling shall be designed and located to provide for vehicle maneuvering on the site so that vehicles will enter any adjacent public right-of-way or private road in a forward direction.
C.
Location of Parking on a Single-Family Lot. Parking spaces may be located as needed on a site, provided that no required parking space shall be located within a front or street side setback required by Article II (Regulations for the Principal and Special Purpose Zones) except as provided in Chapter 19.60 (Accessory Dwelling Units), or other use types (community care facility, congregate residence and rooming and boarding house) according to Section 19.26.030. A driveway providing access to a street may be located within a front or street side setback.
D.
Surfacing of Parking Areas. Required parking and circulation areas shall be surfaced with asphalt concrete or Portland cement concrete, or other approved all-weather, hard, non-eroding surface. It shall be the responsibility of the property owner to insure that the surface is maintained free from significant cracks or holes.
E.
Specialized Parking and Circulation. The standards of this subsection apply to the design and construction of specialized parking and on-site circulation facilities. Additional information regarding stacking capacity for drive through facilities and other types of uses with stacking, are contained in the community design guidelines.
1.
Drive-Through Facilities. The following requirements apply to any use with drive-through facilities:
a.
Separation and Marking of Lanes. Drive-through aisles shall be a minimum of 12 feet wide and shall be separated from other circulation aisles necessary for ingress or egress, or aisles providing access to any parking space. Each such aisle shall be striped, marked, or otherwise distinctly delineated.
F.
Loading Requirements. Loading shall be provided as identified below:
1.
No Maneuvering Within Public Rights-of-Way. All site designs shall be designed so as to prevent truck back-up maneuvering within the public right-of-way.
2.
Design. If a loading area is required, the location, number, size and access of the loading area will be determined pursuant to design review.
(Ord. 5428 § 1, 2014; Ord. 5974 § 11, 2018; Ord. 6538 § 10, 2022)
§ 19.28.010 Purpose.
This chapter is adopted pursuant to the provisions of California Government Code Sections 65915 through 65918, as they now exist or may hereafter be amended. The purpose of adopting this chapter is to encourage affordable housing by providing the incentive of increased density and such other incentives provided by this chapter. The provisions of this chapter are intended to comply with California Government Code Sections 65915 through 65918. In the event that any provision of this chapter conflicts with California Government Code Sections 65915 through 65918, state law shall control over the conflicting provision.
(Ord. 5428 § 1, 2016; Ord. 6362 § 1, 2021)
§ 19.28.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the following meanings:
is defined as a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers.
is defined as an increase in density over the otherwise maximum allowable residential density under the applicable general plan designation as of the date of filing of an application for density bonus with City or, if elected by the applicant, a lesser percentage of density increase. A density bonus request shall be considered as a component of a qualified housing development.
is defined as the site, development, or construction standards and/or conditions of approval that apply to a residential development, and includes (but is not limited to) a height limitation, a setback requirement, a floor area ratio, an on-site open space requirement, a minimum lot area per unit requirement, or a parking ratio.
is defined as a development project for five or more residential units, including mixed-use developments, constructed within a large lot parcel. For the purposes of this chapter, "housing development" also includes a subdivision or common interest development as defined in Section 4100 of the Civil Code and consists of residential units or unimproved residential lots. A density bonus shall be permitted in geographic areas of the housing development other than the areas where the affordable units are located, so long as the density bonus units are located on the same large lot parcel.
is defined as a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission. An incentive can be requested by the applicant for purposes of reducing the cost of development to make the project financially feasible. The term "incentive" includes the term "concession" as that term is used in California Government Code Sections 65915 through 65918.
is defined as that term is used in any applicable specific plan (large lot parcel is hereby generally deemed as a geographic area).
means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this chapter, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.
is defined as 80 percent of the area median income or less, as defined by Section 50079.5 of the California Health and Safety Code, as may be amended from time to time.
is defined as a unit with an affordable rent or payment that does not exceed 30 percent of 60 percent of area median income adjusted for family size appropriate for the unit.
is defined as a site containing any of the following: (1) an existing rail or bus rapid transit station; (2) a ferry terminal served by either a bus or rail transit service; or (3) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
means the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the General Plan, or if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the General Plan applicable to the project. Density shall be determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the General Plan does not provide a dwelling-units-per-acre standard for density, then the number of units shall be calculated by:
Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. A developer may provide a base density study and the City shall accept it, provided that it includes all applicable objective development standards.
Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.
is defined as a unit with an affordable rent or payment that does not exceed 35 percent of 120 percent of area median income adjusted for family size appropriate for the unit.
is defined as 120 percent of the area median income or less, as defined in Section 50093 of the California Health and Safety Code, as may be amended from time to time.
is defined as a housing project where residency is restricted to persons 62 years of age or older, or 55 years of age or older in a senior citizen housing development per Section 51.3 of the California Civil Code, as may be amended from time to time.
means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If any section of this Code further restricts the attributes of a shared housing building beyond the requirements established in this section, the Code definition shall apply to the extent that it does not conflict with the requirements of this section.
A "shared housing building" may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.
A "shared housing building" may include incidental commercial uses, provided that those commercial uses are otherwise allowable and are located only on the ground floor or the level of the shared housing building closest to the street or sidewalk of the shared housing building.
means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), as may be amended from time to time, and complies with the definition of "guestroom" in Section R202 of the California Residential Code, as may be amended from time to time. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.
means a calculation of the number of units that:
Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.
Includes a unit designated to satisfy an inclusionary zoning requirement.
For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, "unit" means one shared housing unit and its pro rata share of associated common area facilities. |
means a resident is able to access the major transit stop without encountering natural or constructed impediments. "Natural or constructed impediments" includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.
is defined as a unit with an affordable rent or payment that does not exceed 30 percent of 50 percent of the area median income, adjusted for family size appropriate for the unit.
is defined as 50 percent of the area median income or less, as defined in Section 50105 of the California Health and Safety Code, as may be amended from time to time.
§ 19.28.030 Application requirements.
A density bonus may be approved pursuant to a request for approval of a density bonus, provided the request complies with the provisions of this chapter. Each application for a density bonus request shall be accompanied by the following:
A.
A site plan that identifies all units in the project including the location of the affordable units and the bonus units.
B.
A narrative briefly describing the housing development and shall include information on:
1.
The number of units permitted under the General Plan;
2.
The total number of units proposed in the project;
3.
The number of affordable and/or senior units;
4.
The number of bonus units requested based on the tables provided in Section 19.28.050 of this chapter;
5.
A breakdown of units proposed for very low, lower, and moderate income; senior citizen or other bonus-eligible housing type listed in this chapter, and/or market rate units; and
6.
Any requested incentive(s), including an explanation as to why the incentive(s) is required for the housing development.
C.
Information indicating that appropriate and sufficient infrastructure capacity (water, sewer, roadway) and water supply is available to serve the bonus units.
D.
A pro-forma illustrating the financial need for the density bonus and/or any requested incentives. The information that shall be included is as follows:
1.
The project pro-forma shall include, but is not limited to: capital costs, operating expenses, return on investment, revenues, loan-to-value ratio and debt-coverage ratio, any contribution provided by subsidy programs, and the economic effect created by the use and income restrictions of the affordable units;
2.
An appraisal report indicating the value of the density bonus and any incentive(s) requested; and
3.
A source and use of funds statement identifying any projected financing gap of the project. The developer shall establish how much of the gap is covered by the density bonus units, and how much will be covered by the requested incentive(s) and/or waiver(s).
E.
Any such additional information in support of a request for a density bonus as may be requested by the Planning Division.
§ 19.28.040 Eligibility for bonus.
A developer of a housing development containing five or more units may qualify for a density bonus and at least one other incentive as provided by this chapter if the developer does one of the following:
A.
Agrees to construct and maintain at least five percent of the units for rental or sale dedicated to very low income households (includes a shared housing building development, in which case minimum unit size or bedroom requirements shall not conflict with the definition of "shared housing building");
B.
Agrees to construct and maintain at least 10% of the units for rental or sale dedicated to lower income households (includes a shared housing building development, in which case minimum unit size or bedroom requirements shall not conflict with the definition of "shared housing building");
C.
Agrees to construct and maintain at least 10% of the units of a housing development to be sold to moderate income households, provided that all units in the development are offered to the public for purchase, consistent with Government Code Section 65915, as may be amended from time to time;
D.
Agrees to construct and maintain a senior citizen housing development, as defined in Sections 51.3 and 51.12 of the California Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code, as may be amended from time to time. For the purposes of this subparagraph, "development" includes a shared housing building development and a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code;
E.
Donates land to the City dedicated for the construction of very low income units pursuant to Section 19.28.080 of this chapter;
F.
Includes a qualifying child care facility as described in Section 19.28.070 of this chapter in addition to providing housing as described in subsections A through C of this section;
G.
Agrees to construct and maintain at least 10% of the units of a housing development for transitional foster youth, as defined in Section 66025.9 of the California Education Code, as may be amended from time to time, disabled veterans, as defined in Section 18541 of the California Government Code, as may be amended from time to time, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.), as may be amended from time to time, dedicated to very low income households;
H.
Agrees to construct and maintain at least 20% of the units for lower income students in a student housing development pursuant to Section 19.28.085 of this chapter; or
I.
Agrees to construct and maintain 100% of the units, including total units and density bonus units, but exclusive of a manager's unit or units, dedicated to lower income households, except that up to 20% of the units, including total units and density bonus units, may be dedicated to moderate income households (includes a shared housing building development).
§ 19.28.050 Density bonus calculation and allowance.
A.
State Law Preemption. Pursuant to state law, the granting of a density bonus or the granting of a density bonus together with an incentive(s) shall not be interpreted, in and of itself, to require a General Plan amendment, specific plan amendment, rezone, or other discretionary approvals.
B.
Density Bonus Calculation. An applicant must choose a density bonus from only one applicable affordability category in subsection C and may not combine categories with the exception of child care facilities or land donation, which may be combined with an affordable housing development.
C.
Density Bonus Allowance. In calculating the number of units required for very low, lower and moderate income households, the density bonus units shall not be included. In no event shall a density bonus exceed 80 percent. A housing development that satisfies all applicable provisions of this chapter shall be allowed the following applicable density bonuses:
1.
Very Low Income. The density bonus for very low income units shall be calculated as follows:
Percentage of Very Low-Income Units | Percentage Density Bonus |
|---|---|
5 | 20 |
6 | 22.5 |
7 | 25 |
8 | 27.5 |
9 | 30 |
10 | 32.5 |
11 | 35 |
12 | 38.75 |
13 | 42.5 |
14 | 46.25 |
15 | 50 |
2.
Lower Income. The density bonus for lower income units shall be calculated as follows:
Percentage of Lower Income Units | Percentage Density Bonus |
|---|---|
10 | 20 |
11 | 21.5 |
12 | 23 |
13 | 24.5 |
14 | 26 |
15 | 27.5 |
16 | 29 |
17 | 30.5 |
18 | 32 |
19 | 33.5 |
20 | 35 |
21 | 38.75 |
22 | 42.5 |
23 | 46.25 |
24 | 50 |
3.
Moderate Income. The density bonus for moderate income ownership units shall be calculated as follows:
Percentage of Moderate-Income Units | Percentage Density Bonus |
|---|---|
10 | 5 |
11 | 6 |
12 | 7 |
13 | 8 |
14 | 9 |
15 | 10 |
16 | 11 |
17 | 12 |
18 | 13 |
19 | 14 |
20 | 15 |
21 | 16 |
22 | 17 |
23 | 18 |
24 | 19 |
25 | 20 |
26 | 21 |
27 | 22 |
28 | 23 |
29 | 24 |
30 | 25 |
31 | 26 |
32 | 27 |
33 | 28 |
34 | 29 |
35 | 30 |
36 | 31 |
37 | 32 |
38 | 33 |
39 | 34 |
40 | 35 |
41 | 38.75 |
42 | 42.5 |
43 | 46.25 |
44 | 50 |
4.
Senior Citizen Housing Development. The density bonus for a senior citizen housing development that provides housing for seniors consistent with Section 19.28.040 of this chapter shall be 20 percent.
6.
Donation of Land. A project is eligible for the following density bonus for the donation of land when in compliance with Section 19.28.080 of this chapter:
Percentage of Very Low-Income Units | Percentage Density Bonus |
|---|---|
10 | 15 |
11 | 16 |
12 | 17 |
13 | 18 |
14 | 19 |
15 | 20 |
16 | 21 |
17 | 22 |
18 | 23 |
19 | 24 |
20 | 25 |
21 | 26 |
22 | 27 |
23 | 28 |
24 | 29 |
25 | 30 |
26 | 31 |
27 | 32 |
28 | 33 |
29 | 34 |
30 | 35 |
7.
Conversion of Apartments to Condominiums. A project is eligible for a 25 percent density bonus for the conversion of apartments to condominiums when in compliance with California Government Code Section 65915.5
8.
Foster Youth, Disabled Veterans, and Homeless Persons. The density bonus for a housing development for transitional foster youth, disabled veterans, or homeless persons shall be 20 percent.
9.
Students. The density bonus for a student housing development that provides housing for students consistent with Section 19.28.085 of this chapter shall be 35 percent.
10.
One Hundred Percent Affordable. The density bonus for a 100 percent affordable housing development consistent with Section 19.28.040(I) of this chapter shall be 80 percent of the number of units for lower income households. Except that, if the affordable housing development is located within one-half mile of a major transit stop, maximum density requirements shall not apply.
11.
Additional Density Bonus. Projects qualifying for a density bonus pursuant to this chapter may also qualify for an additional bonus, if it meets all of the following eligibility criteria:
a.
No more than 50 percent of the housing development units shall be restricted to very low, lower, or moderate income households;
b.
The additional bonus shall include rental or for-sale units affordable to very low income households or moderate income households;
c.
The housing development conforms to any of the following:
i.
The housing development is consistent with Section 19.28.040(A) and provides 15 percent of the total units to very low income households,
ii.
The housing development is consistent with Section 19.28.040(B) and provides 24 percent of the total units to lower income households,
iii.
The housing development is consistent with Section 19.28.040(C) and provides 44 percent of the total units to moderate income households.
The additional density bonus calculation shall exclude any additional bonus units, and shall be calculated as follows: |
Percentage of Very Low-Income Units | Percentage Density Bonus |
|---|---|
5 | 20 |
6 | 23.75 |
7 | 27.5 |
8 | 31.25 |
9 | 35 |
10 | 38.75 |
Percentage of Moderate Income Units | Percentage Density Bonus |
|---|---|
5 | 20 |
6 | 22.5 |
7 | 25 |
8 | 27.5 |
9 | 30 |
10 | 32.5 |
11 | 35 |
12 | 38.75 |
13 | 42.5 |
14 | 46.25 |
15 | 50 |
§ 19.28.060 Eligibility and application requirements for incentives.
A.
Available Incentives. A housing development qualifying for a density bonus may be entitled to at least one incentive. Incentives may include, but are not limited to:
1.
A reduction in site development standards such as:
2.
A reduction in architectural design requirements.
3.
A density bonus greater than the amount required by this chapter.
4.
Other regulatory incentives proposed by the developer or the City, which result in identifiable, financially sufficient, and actual cost reductions.
B.
Parking Requirements. If an applicant qualifies for a density bonus pursuant to this chapter, the applicant may request, in addition to any requested incentive(s), that reduced parking requirements be applied to the project in place of the City's current parking requirements. The parking requirement is inclusive of accessible and guest parking for the entire housing development, but shall not include on-street parking spaces in the count towards the parking requirement. The housing development may provide on-site parking through tandem or uncovered parking, but not through on-street parking. In calculating the number of parking spaces required for a development, if the total number of parking spaces is other than a whole number, the number shall be rounded up to the next whole number.
1.
Except as otherwise provided in this subsection, the following parking requirements shall apply:
a.
One bedspace in a student housing development, as defined by Section 65915 of the Government Code, as may be amended from time to time: zero parking spaces.
b.
Zero to one bedroom: one on-site parking space.
c.
Two to three bedrooms: one and one-half on-site parking spaces.
d.
Four or more bedrooms: two and one-half on-site parking spaces.
2.
If the housing development includes at least 20% lower income units or at least 11% very low income units, is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then the parking requirement shall be one-half on-site parking space per unit.
3.
If a housing development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the California Health and Safety Code as may be amended from time to time, then no parking spaces shall be required as long as the development meets either of the following criteria:
a.
The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development; or
b.
The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the California Civil Code as may be amended from time to time, and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
4.
If a housing development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the California Health and Safety Code, as may be amended from time to time, and the development is either a special needs housing development, as defined in Section 51312 of the California Health and Safety Code, as may be amended from time to time, or a supportive housing development, as defined in Section 50675.14 of the California Health and Safety Code, as may be amended from time to time, then no parking spaces shall be required. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
5.
Upon the request of the developer, the parking requirement (inclusive of parking for persons with a disability and guests) shall be 0.5 spaces per bedroom if all of the following are met:
a.
The housing development includes at least 40% moderate income units and at least 10% of the units of the housing development are sold to moderate income households, provided that all units in the development are offered to the public for purchase; and
b.
The housing development is located within one-half mile of a major transit stop, as defined in Public Resources Code Section 21155(b), as may be amended from time to time; and
c.
The residents of the development have unobstructed access to the major transit stop from the development.
C.
Eligibility for Incentives. Incentives are available to a housing developer as follows:
1.
One incentive for housing developments that: (a) restrict at least 10% of the total units to lower income households, at least five percent for very low income households, or at least 10% for persons and families of moderate income in a development in which the units are for sale; or (b) are for senior housing.
2.
Once incentive or concession for projects that include at least 20% of the total units for lower income students in a student housing development. If a project includes at least 23% of the total units for lower income students in a student housing project, the applicant shall instead receive two incentives or concessions.
3.
Two incentives for housing developments that restrict at least 17% of the total units to lower income households, at least 10% for very low income households, or at least 20% for persons and families of moderate income in a development in which the units are for sale.
4.
Three incentives for housing developments that restrict at least 24% of the total units for lower income households, at least 15% for very low income households, or at least 30% for persons and families of moderate income in a development in which the units are for sale.
5.
Five incentives for housing developments that restrict 100% of the units, including total units and density bonus units, but exclusive of a manager's unit or units, dedicated to lower income households, except that up to 20% of the units, including total units and density bonus units, may be dedicated to moderate income households. If the project is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
6.
One incentive for projects that include at least 20% of the total units for lower income students in a student housing development.
7.
Four incentives for projects that include at least 16% of the units for very low income households or at least 45% for persons and families of moderate income in a development in which the units are for sale.
§ 19.28.070 Child care facilities.
A.
Child Care Facility Density Bonus. When an applicant proposes to construct a housing development that is eligible for a density bonus under Section 19.28.040 of this chapter and California Government Code Section 65917.5, and includes a child care facility that will be located on the premises or adjacent to the housing development, the City shall grant either:
1.
An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the square footage of the child care facility; or
2.
An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
B.
Child Care Facility Requirements. The City shall require, as a condition of approving the housing development, that the following occur:
1.
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 affordable units are required to remain affordable per this chapter; and
2.
Of the children who attend the child care facility, the children of very low income households, lower income households or families of moderate income households shall equal a percentage that is equal to or greater than the percentage of affordable units in the housing development that are required for very low, lower or families of moderate income households.
C.
Child Care Facility Criteria. The City 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.
(Ord. 5428 § 1, 2016; Ord. 6362 § 1, 2021)
§ 19.28.080 Donation of land.
A.
Donation of Land Density Bonus. When a developer of a tentative subdivision map, parcel map, or other residential development donates land to the City, the developer shall be entitled to a density bonus above the otherwise maximum allowable residential density, up to a maximum of 35 percent depending on the amount of land donated (see Section 19.28.050 of this chapter). This increase shall be in addition to any increase in density permitted by Section 19.28.040 of this chapter up to a maximum combined density increase of 35 percent if an applicant seeks both the increase required by Section 19.28.040 and this section of this chapter.
B.
The developer shall be eligible for the density bonus for the donation of land, if all of the following conditions are met:
1.
The developer shall donate and transfer land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
2.
The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in the amount not less than 10 percent of the residential units in the proposed development.
3.
The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The transferred land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income units on the transferred land, except that the City may subject the proposed development to subsequent design review if the design is not reviewed by the local government prior to the time of transfer.
4.
The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 19.28.110 of this chapter if required by financing programs or subsidy programs.
5.
The land is transferred to the City or to a housing developer approved by the City. The City may require the developer to identify and transfer the land to the affordable housing developer.
6.
The transferred land shall be within the boundary of the proposed development or, if the City determines appropriate, within one-quarter mile of the boundary of the proposed development.
7.
A proposed source of funding for the very low income units shall be identified no later than the date of approval of the final subdivision map, parcel map, or residential development application.
(Ord. 5428 § 1, 2016; Ord. 6362 § 1, 2021)
§ 19.28.085 Student housing.
A.
Student Housing Density Bonus Requirements. In order for a student housing development to be eligible for a density bonus under Section 19.28.040 of this chapter, the student housing development must meet the following requirements:
1.
All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. The developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the City that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions.
2.
The applicable 20% units shall be used for lower income students. For purposes of this clause, "lower income students" means students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the California Education Code.
3.
The rent provided in the applicable units of the development for lower income students shall be calculated at 30% of 65% of the area median income for a single-room occupancy unit type.
4.
The development shall provide priority for the applicable affordable units for lower income students experiencing homelessness.
5.
For student housing developments that meet the aforementioned criteria, the density bonus shall be 35% of the student housing units.
B.
Definition of Units. For purposes of calculating a density bonus granted for a student housing development, the term "unit" means one rental bed and its pro rata share of associated common area facilities.
§ 19.28.090 General guidelines.
A.
Location of Bonus Units. As required by California Government Code Section 65915(i), the location of density bonus units within the qualifying housing development may be at the discretion of the developer, and need not be in the same area of the project where the units for the lower income households are located as long as the density bonus units are located within the same housing development.
B.
Preliminary Review. A developer may submit to the Planning Division a preliminary proposal for the development of housing pursuant to this chapter prior to the submittal of any formal application for a density bonus. The City shall, within 90 days of receipt of a written proposal, notify the housing developer in writing of either: (1) any specific requirements or procedures under this chapter, which the proposal has not met; or (2) the proposal is sufficient for preparation of an application for density bonus.
C.
Infrastructure and Supply Capacity. Criteria to be considered in analyzing the requested bonus will include the availability and capacity of infrastructure (water, sewer, road capacity, etc.) and water supply to accommodate the additional density.
(Ord. 5428 § 1, 2016; Ord. 6362 § 1, 2021)
§ 19.28.100 Findings for approval for density bonus and/or incentive(s).
A.
Density Bonus Approval. The following finding shall be made by the Approving Authority in order to approve a density bonus request:
1.
The density bonus request meets the requirements of this chapter.
B.
Density Bonus Approval with Incentive(s). The following findings shall be made by the Approving Authority in order to approve a density bonus and incentive(s) request:
1.
The density bonus request meets the requirements of this chapter;
2.
The incentive is required in order to provide affordable housing; and
3.
Approval of the incentive(s) will have no specific adverse impacts upon health, safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low, and moderate income households.
C.
Denial of a Request for an Incentive(s). The Approving Authority shall make the following findings prior to disallowing an incentive (in the case where an accompanying density bonus may be approved, or in the case of where an incentive(s) is requested for senior housing or child care facility):
2.
That the incentive would result in specific adverse impacts upon health, safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low, and moderate income households.
3.
That the incentive would be contrary to State or Federal law.
(Ord. 5428 § 1, 2016; Ord. 6362 § 1, 2021; Ord. 6476 § 4, 2022)
§ 19.28.110 Affordable housing agreement required.
A.
Agreement Required. In approving a density bonus, the associated permit or tentative map shall require that an affordable housing agreement, or other form of agreement as approved by the City Attorney, effectuating the terms of affordability of the development be executed prior to effectuation of the permit or recordation of the final map.
B.
Continued Availability. The density bonus request shall include the procedures proposed by the developer to maintain the continued affordability of all affordable income density bonus units and shall be evidenced by an affordable housing agreement as follows:
1.
An applicant shall agree to, and the City shall ensure, continued affordability of all very low and low income units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 19.28.020 of this chapter. Owner-occupied units shall be available at an affordable housing cost as defined in Section 19.28.020 of this chapter.
2.
An applicant shall agree to, and the City shall ensure that, the initial occupants of the moderate income units are directly related to the receipt of the density bonus in the common interest development as defined in Section 4100 of the California Civil Code, are persons and families of moderate income, as defined in Section 19.28.020 of this chapter and that the units are offered at an affordable housing cost, as that cost is defined in Section 19.28.020 of this chapter. The City shall enforce an equity-sharing agreement unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity-sharing agreement:
a.
Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code, as may be amended from time to time, that promote homeownership.
b.
For purposes of this subsection, the City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
c.
For purposes of this subsection, the City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.
C.
Specialty Units. In approving a density bonus for units for transitional foster youth, disabled veterans, homeless persons, and students, the associated permit or tentative map shall require that an affordable housing agreement, or other form of agreement as approved by the City Attorney, effectuating the terms of affordability of the development for 55 years be executed prior to effectuation of the permit or recordation of the final map. In addition, for units for transitional foster youth, disabled veterans and homeless persons, the units shall be provided at the same affordability level as very low income units.