City of Corona
Staff Report
400 S. Vicentia Ave.
Corona, CA 92882
File #: 24-0083
PLANNING AND HOUSING COMMISSION
STAFF REPORT
DATE: 2/26/2024
TO: Honorable Chair and Commissioners
FROM: Planning and Development Department
APPLICATION REQUEST:
ZTA2024-0001: Zone text amendment to Title 17 of the Corona Municipal Code to add Chapter
17.67 for Low Barrier Navigation Center, and amendments to Chapter 17.87 (Density Bonus Agreements) to update regulations applied to density bonus agreements, and to Chapters 17.91 (Precise Plan) and 17.100 (Architectural Review) to update outdated language. (Applicant: City of Corona)
RECOMMENDED ACTION:
That the Planning and Housing Commission recommend APPROVAL OF ZTA2024-0001 to the City Council, based on the findings contained in the staff report.
BACKGROUND
ZTA2024-0001 will implement certain housing programs adopted in the General Plan Housing Element. The Housing Element is a mandatory element of the city’s General Plan and is periodically updated every eight years to comply with the State’s Housing Element law. The Housing Element identifies the city’s existing and projected housing need; goals, policies and quantified objectives for achieving housing for all economic segments of the population, scheduled housing programs for the preservation and development of housing; and an identification of adequate housing sites.
The current Housing Element is for planning period 2021-2029. Per State law, the city provides an annual progress report on the Housing Element to the State’s Housing and Community Development Department (HCD). The progress report is due annually on April 1 to HCD, and reports on the number of housing units in each income category that have been entitled, issued a building permit, and issued a certificate of occupancy. The annual progress report also provides an update on the city’s progress in meeting the quantified objectives of the city’s housing programs.
The city’s Housing Element has 29 programs that are monitored annually. ZTA2024-0001 specifically implements the requirements of Housing Programs 13 and 14. Below is a summary of Housing City of Corona Page 1 of 6 Printed on 2/21/2024
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implements the requirements of Housing Programs 13 and 14. Below is a summary of Housing Programs 13 and 14 and the reason for ZTA2024-0001.
Housing Element Program Reason for ZTA2024-0001
Program 13. Density Bonus Program.
State law allows residential density bonuses for
housing developments that provide low or
moderate income housing units. The city’s
ordinance is required to reflect changes to the
State density bonus law.
The objective of Housing Program 13 is to
update the city’s ordinance to integrate
changes in the state density bonus law. CMC
Chapter 17.87 regulates Density Bonus
Agreements. New state legislation adopted on
October 11, 2023 (AB 1287), changed the
requirements for calculating residential density
bonuses. Chapter 17.87 is being updated to
reflect current definitions, the content of a
Density Bonus Agreement, and other
regulatory changes.
Program 14. Zoning Ordinance
Monitoring. The city shall continue to
monitor its policies, regulations and standards
to facilitate residential and mixed use
developments, and emergency shelter
regulations.
The objective of Housing Program 14 is to
update certain requirements in the Zoning
Code to be consistent with state legislation.
The Zoning Code provides regulations for
emergency shelters but does not specify low
barrier navigation centers adopted by AB 101
in 2019. Chapter 17.67 is being added to the
Zoning Code to establish regulations for Low
Barrier Navigation Centers. This requirement
also crosses into Program 21, which is to allow
housing for persons experiencing
homelessness. The criteria for the granting
of design review applications, such as a Precise
Plan and Architectural Review, need to be
based on objective findings and not subjective
findings. Chapter 17.91 covers the
requirements for a Precise Plan application and
Chapter 17.100 covers the requirements for
Architectural Review. Chapters 17.91 and
17.100 are being amended to remove nonobjective findings and other language that is outdated due to changes that have occurred
over time without the ordinance being
updated.
PROPOSED AMENDMENT
Chapter 17.87 Density Bonus Housing Agreements and Development Agreements Chapter 17.87 covers the city’s procedure for a density bonus agreement. Density bonus is a State law regulated by Government Code Sections 65915 - 65918 and is a mechanism to encourage the development of affordable and senior housing by allowing an increase in the residential density that exceeds the density allowed by a city’s General Plan. The law also allows concessions in site development standards and architectural design requirements if it will result in cost reductions for City of Corona Page 2 of 6 Printed on 2/21/2024
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development standards and architectural design requirements if it will result in cost reductions for the project to provide for affordable housing costs and rents.
The State density bonus law has been amended several times in previous years by approved state legislation. The latest change in the law was approved in October 2023 by AB 1287. The latest change in the law defines maximum allowable residential density to mean the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the General Plan applicable to the project.
The city’s ordinance has not been updated since 1992. Housing Program 13 of the Housing Element requires the city’s ordinance to be updated to reflect current state law on density bonus. The proposed amendment will provide definitions that are referenced in the State law when applying density bonus, clarification on the projects eligible for density bonus by referring to the housing developments allowed by State law, the city’s application requirements for density bonus, the content of a density bonus agreement, and the review and approval of density bonus agreements by the Planning and Housing Commission and City Council.
The amendments to Chapter 17.87 in its entirety are provided in Exhibit 1. Added language is shown in redlined underlined text with deleted text shown with a strike-through.
Chapter 17.67 Low Barrier Navigation Center
In 2019, AB 101 was approved by the Governor requiring a low barrier navigation center to be a land use allowed by right in areas zoned for mixed uses and nonresidential zones permitting multifamily uses. A low barrier navigation center is defined as a Housing First, low barrier, temporary, service enriched shelter focused on helping homeless individuals and families quickly obtain permanent housing. The requirement for a low barrier navigation center is regulated by Government Code Section 65660 et seq.
The city’s Zoning Code already accommodates emergency shelters and permanent and supportive housing. However, a low barrier navigation center is not specifically addressed according to State law. A low barrier navigation center is required to: a) offer services to connect people to permanent housing through a services plan that identifies services staffing, b) have a coordinated entry system, c) comply with certain sections of the Welfare and Institutions Code, d) have a homeless management information system, and e) comply with building code occupancy classification requirements. A low barrier navigation center would also be allowed by right on property zoned mixed use and commercial zones that allow multiple family residential. A fact sheet on a low barrier navigation center was prepared by the State Department of Housing and Community Development (HCD) and is provided in Exhibit 2.
Program 14 of the Housing Element requires the city to update its Zoning Code to establish requirements for a low barrier navigation center. Chapter 17.67 is a new chapter in the Zoning Code establishing the criteria for a low barrier navigation center according to State law. The new chapter provides definitions that are referenced in the State law for a low barrier navigation center, the zones that would allow a low barrier navigation center as a land use by right, the requirements to qualify as a low barrier navigation center and the permit requirement. Proposed Chapter 17.67 in City of Corona Page 3 of 6 Printed on 2/21/2024
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its entirety is provided in Exhibit 3.
Chapter 17.91 Precise Plan and Chapter 17.100 Architectural Review The city’s design review for projects is reviewed as either a Precise Plan or an Architectural Review.
The requirements of a precise plan are governed by Chapter 17.91 and an architectural review is governed by Chapter 17.100. A precise plan and an architectural review are not “land use” applications, and projects reviewed by these applications are land uses allowed by the zoning on the property but are subject to design review. The design review focuses on the site plan, the architectural design of the buildings, and other physical features of the project.
The city is required to make the findings outlined in Section 17.91.070 for the granting of approval of a precise plan or in Section 17.100.040 for the granting of approval of an architectural review. State law requires projects to be reviewed based on the objective development standards adopted for the zoning of the property, master plan, or General Plan. Objective standards are development standards that have quantifiable requirements such as setbacks for buildings, building height, landscaping coverage, parking spaces, architectural requirements, street standards, driveway spacings, and other similar requirements. Objective standards according to the zoning of the property are applied equally to all properties with the same zone and are put in place for the wellbeing of public health, safety and welfare. Unlike subjective standards, which are the opinion of a person, objective standards prevent biased decisions in the approval or denial of a project.
Housing Program 14 requires the city to remove the subjective findings from the city’s design review process. The findings in Section 17.91.070 and 17.100.070 for the granting of a precise plan or architectural review are being amended to reflect objective development standards related to the zoning requirements of the property, the Zoning Code (Title 17), and other applicable provisions of the Corona Municipal Code (CMC), which include development standards for grading, construction of public improvements, and requirements for off-site improvements. The findings also include adherence to the city’s residential development design guidelines, the city’s industrial development design guidelines, or the design guidelines set forth in a specific plan, as may be applicable.
The subjective findings, such as will provide for harmonious, orderly and attractive development; will not interfere with the use and enjoyment of neighboring developments; will provide a desirable environment for its occupants and visiting public through good aesthetic use of materials, texture and color are being removed.
The amendment to Section 17.91.070 and Chapter 17.100 is shown in its entirety as Exhibits 4 and
5. The Architectural Review Ordinance is older and amendments to Chapter 17.100 also include updated language and an updated format that is consistent with other ordinances in the Zoning Code. The added language is shown in redlined underlined text with deleted text shown with a strike-through.
ENVIRONMENTAL ANALYSIS:
Per Section 15061(b)(3) of the State Guidelines for Implementing the California Environmental Quality Act (CEQA), ZTA2024-0001 is exempt from CEQA based on the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in City of Corona Page 4 of 6 Printed on 2/21/2024
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environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This amendment solely involves text revisions to the City’s Zoning Ordinance in the Corona Municipal Code, and there is no possibility that the amendment will have a significant effect on the environment. Therefore, a Notice of Exemption has been prepared for the project.
FISCAL IMPACT
ZTA2024-0001 is a city-initiated application. No application fee was paid to process this request.
PUBLIC NOTICE AND COMMENTS
A 10-day public notice was advertised in the Sentinel Weekly News. As of the preparation of this staff report, no public comments were submitted to the department.
STAFF ANALYSIS
ZTA2024-0001 fulfills the requirements of the city’s Housing Element. The amendments reflect current state law on certain land uses and establish certain criteria for the granting of design review applications based on objective development standards.
FINDINGS FOR APPROVAL OF ZTA2024-0001
1. A preliminary exemption assessment has been conducted by the City of Corona and it has shown that this project does not require further environmental assessment because the amendment solely involves text revisions to the City’s Zoning Code in the Corona Municipal Code, and there is no possibility that the amendment will have a significant effect on the environment.
2. The proposed amendment is consistent with the General Plan for the following reason:
a. ZTA2024-0001 fulfills the requirements of Housing Programs 13 and 14 in the Housing Element to accommodate residential density bonus and low barrier navigation centers pursuant to state law and establishes granting criteria for a precise plan application and architectural review application based on objective standards.
3. The proposed amendment is consistent with intent of Title 17 (Zoning Code) of the Corona Municipal Code for the following reason:
a. Title 17 governs the development standards of land uses within the city and establishes other regulatory procedures described in the Zoning Code and ZTA2024-0001 will update certain ordinances to be consistent with state law and establish criteria for the granting of a precise plan and architectural review based on objective development standards.
4. The proposed amendment will provide for the public health, safety, and welfare for the following reason:
a. ZTA2024-0001 establishes regulations for certain land uses according to state law and updates the granting criteria for design review applications based on objective development standards which are intended to protect the well-being of public health, City of Corona Page 5 of 6 Printed on 2/21/2024
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development standards which are intended to protect the well-being of public health, safety and welfare of the general public.
SUBMITTED BY: JOANNE COLETTA, PLANNING & DEVELOPMENT DIRECTOR
EXHIBITS
1. Exhibit 1 - Chapter 17.87 Density Bonus Agreement and Development Agreement (Amendment with Redlines).
2. Exhibit 2 - HCD Fact Sheet on Low Barrier Navigation Center.
3. Exhibit 3 - Chapter 17.67 Low Barrier Navigation Center (Proposed).
4. Exhibit 4 - Section 17.91.070 Granting Criteria for Precise Plan (Amendment with Redlines).
5. Exhibit 5 - Chapter 17.100 Architectural Review (Amendment with Redlines).
6. Exhibit 6 - Environmental documentation.
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CHAPTER 17.87
DENSITY BONUS HOUSING AGREEMENTS AND DEVELOPMENT AGREEMENTS Sections
I. Density Bonus Agreements
17.87.010 Purpose and authority.
17.87.020 ApplicationDefinitions.
17.87.030 FeesApplication Requirements.
17.87.040 Proposed form of agreement General Requirements.
17.87.050 Review of application Fees.
17.87.060 Term Density Bonus Housing Agreement.
17.87.070 Review of Density Bonus Housing Agreement.
17.87.080 Decision by City Council.
17.87.080 Recordation.
17.87.090 Default. Recordation.
17.87.100 Annual report. Violations.
II. Development Agreements
17.87.210 Purpose and authority.
17.87.220 Application.
17.87.230 Fees.
17.87.240 Qualification as an applicant.
17.87.250 Review of application.
17.87.260 Public hearing notice.
17.87.270 Findings.
17.87.280 Decision by City Council.
17.87.290 Recordation.
17.87.300 Amendment or cancellation.
17.87.310 Periodic review.
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I. Density Bonus Agreements
17.87.010 Purpose and authority.
(A) Purpose. The intentpurpose of this chapter is to establish procedures for the implementation of state density bonus law.California Government Code Sections 65915 through 65918 (“State Density Bonus Law”). Density bonus housing agreements are intended to increase the city’s supply of affordable housing by providing a density bonus above that permitted by zoning regulations or the General Plan for a housing development, in exchange for reserving a designated percentage of units for low and, very low and moderate income households or qualifying residents as defined in the California Government Code. The density increase, number of affordable units, definition of affordability, term of agreement and all other such provisions shall comply with current law.herein.
(B) Incorporation of state law amendments. This chapter implements the State Density Bonus Law. If any provisions of the State Density Bonus Law are amended, those amended provisions shall be automatically incorporated into this chapter. Should any inconsistencies exist between the amended State Density Bonus Law and the provisions set forth in this chapter, the State Density Bonus Law shall prevail. (C) Interpretation. This chapter is to be construed and applied in a manner that avoids conflicts with other applicable laws, including the State Density Bonus Law and any other applicable provisions of state law. No provision of this chapter shall be applied if it would result in a violation of state or federal law.
17.87.020 Application Definitions.
The Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter. Unless the context otherwise clearly indicates, words used in the singular include the plural and words used in the plural includes the singular.
“Affordable housing cost” has the same meaning as in California Health and Safety Code § 50052.5, as presently adopted or as may be amended or superseded. "Affordable rent” has the same meaning as in California Health and Safety Code § 50053, as presently adopted or as may be amended or superseded. “Affordable unit” means a dwelling unit within a housing development, which will be reserved for a densitysale, at an affordable housing cost, or rent, at an affordable rent, to a lower income household, a very low income household, a moderate income household, or a qualifying resident pursuant to the requirements of this chapter and the State Density Bonus Law.
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“Density bonus” has the same meaning as in California Government Code § 65915(f), as presently adopted or as may be amended or superseded.
“Density bonus housing agreement shall be filed on a form as designated by the Community” means a legally binding agreement between an applicant for a housing development and the City to ensure that the requirements of this chapter are satisfied.
The agreement, among other things, shall establish the number of affordable units, their size, location, terms and conditions of affordability, and production schedule. “Director” means the Planning and Development Director and include paymentfor the City of the required fees. The applicant shall inform the city atCorona, or beforehis or her designee.
“Housing development” has the same meaning as in California Government Code § 65915(i), as presently adopted or as may be amended or superseded. “Lower income households” has the same meaning as in California Health and Safety Code § 50079.5, as presently adopted or as may be amended or superseded. “Low income households, Very” has the same meaning as defined California Health and Safety Code § 50105, as presently adopted or as may be amended or superseded. “Maximum allowable residential density” has the same meaning as in California Government Code § 65915(o)(6), as presently adopted or as may be amended or superseded.
“Moderate income households” has the same meaning as in California Health and Safety Code § 50093, as presently adopted or as may be amended or superseded. “Qualifying resident” means a person of 55 years of age or older in a senior citizen housing development and includes other persons eligible to reside in a senior citizen housing development, as defined in California Civil Code § 51.3. “Qualifying owner” means a person within a low, very low or moderate income household who is eligible to occupy an affordable unit within a housing development that is offered for sale.
“Qualifying tenant” means a person within a low, very low or moderate income household who is eligible to occupy an affordable unit within a housing development that is offered for rent, and includes a qualifying resident in a senior citizen housing development. “Senior citizen housing development” has the same meaning as in California Civil Code § 51.3(b)(4).
“Term of affordability” means the time period specified in § 17.87.060(B).
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17.87.030 Application Requirements.
A housing development or senior citizen housing development that is eligible for a density bonus pursuant to this chapter and the State Density Bonus Law is subject to the following application procedures:
(A) Development plan review if a . An applicant shall submit a Development Plan Review application according to the requirements in Chater 17.102 to the City’s Planning and Development Department prior to the submittal of any formal application. In addition to the requirements listed in § 17.102.030, the applicant shall provide a narrative description of the housing development or senior citizen housing development, which shall include the following information:
1. The general scope of the proposed project includes a ;
2. The zoning and general plan designation of the property;
3. The assessor’s parcel numbers of the project site;
4. The maximum allowable residential density for the property, taking into consideration the site constraints and proposed housing product type;
5. The total number of units, affordable units, and density bonus. The units proposed;
6. The concessions and incentives, waivers and reductions and reduced parking standards requested.
(B) Housing development applications. Within twenty-one (21) working days of receipt of the Development Plan Review application, the Director and other city staff shall include submittal of the proposed agreement draftedconduct a review of the application.
Within twenty (20) working days after the review, the City shall provide to the applicant a letter summarizing the requirements and recommendations of staff and identifying the formal applications that the applicant will be required to submit for the housing development project. The application for a density bonus shall follow the review process and shall be considered concurrently with any other discretionary or ministerial entitlement applications required for the housing development, which shall be processed in accordance with § 17.87.030 and current state law and all related materials as required on the application form. the requirements provided in this code for such other applications.
17.87.040 General Requirements.
(A) Construction of affordable units. Affordable units in a housing development and phases of a housing development shall be constructed concurrently with or prior to the construction of any market rate units.
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(B) Priority for Corona residents and employees. First priority for affordable units shall be given to eligible persons and families who reside, work, go to school or have family in the City of Corona.
(C) Distribution of affordable units. Affordable units shall be dispersed throughout the housing development. The number of bedrooms in the affordable units shall be no less than the bedroom mix of the market rate units of the housing development. The design and appearance of the affordable units shall be comparable to the market rate units.
17.87.050 Fees.
The application for a density bonus agreement shall be accompanied by a filing fee as established by City Council resolution pursuant to state lawof the City Council.
17.87.03017.87.040 Proposed form of agreement060 Density Bonus Housing Agreement.
The proposedapplicant requesting a density bonus agreement shall be based on the city’s standard form agreement, with the appropriate modifications to under this chapter shall agree to construct, operate and maintain consistency with the provisions of state law in effect at the time of application.
17.87.050 Review of application.
(A) The Community Development Department shall coordinate the review and approval of the density bonus agreement in consultation with the City Attorney and city staff.
(B) The City Attorney shall review and correct the agreement the affordable units for lower and very low income households in accordance with California Government Code provisions currently in effect at the time of application. (C) Once thea density bonus housing agreement with the City that is in the correcta form asacceptable to contentthe Director and language, it shall be scheduled for review by the City Council.
17.87.060 Term.
Attorney. The term of the density bonus housing agreement shall be either ten or 30 years pursuantinclude, but is not limited to, the California Government Code.following:
17.87.070 Decision by City Council.
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The City Council shall approve the agreement at a regularly scheduled public meeting if it finds that the agreement complies with state law.
17.87.080 Recordation.
The Clerk shall cause a notarized copy of the agreement to be recorded as soon as possible and shall provide a copy for enforcement purposes to the Community Development Director.
(`78 Code, § 17.87.080.) (Ord. 2140 § 1 (part), 1992.)
17.87.090 Default.
Recovery of public costs of default shall be provided for in all density bonus agreements. Among other things, default shall result in assessment for repayment of all rent revenues from bonus units for at least the prior three years or for the life of the agreement, whichever is shorter. The repayment may occur over a reasonable period of time but not to exceed the time elapsed under the agreement. The agreement shall determine the repayment period upon default.
17.87.100 (A) Identification of affordable units. Affordable units shall be identified by address and legal description, type (floor area, number of bedrooms/baths, unit size, etc.), and designated household income category. The density bonus housing agreement shall also identify the total number of affordable units and the total number of units approved for the housing development.
(B) Term of affordability. The term of affordability for each affordable unit shall begin on the date a certificate of occupancy is issued for the affordable unit. (1) Rental units. Rental affordable units shall be available only to qualifying tenants at an affordable rent for a minimum of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, or mortgage insurance program or rental subsidy program.
(2) For sale units. For sale affordable units shall be available only to qualifying owners at an affordable housing cost for a minimum of forty-five (45) years. (C) Density bonus housing agreement.
(1) Rental affordable units. For rental affordable units, the density bonus housing agreement shall include the following conditions governing the use of the affordable units during the term of affordability:
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(a) Qualification of tenants. The rules and procedures for determining and verifying if a tenant qualifies as a qualifying tenant, establishing affordable rent, filling vacancies, and maintaining the affordable units for qualifying tenants. (b) Maintenance of records. Provisions requiring a monitoring program to verify tenant incomes and the maintenance of books and records to demonstrate compliance with this chapter.
(c) Annual report. The owner shall submit Provisions requiring submittal of an annual report in March of each calendar year to the Community Development Director, which shall summarizeincludes the rental historyname, address and income of the each qualifying tenant occupying each affordable units during the previous 12 months. Thisunit, and which identifies the bedroom count and monthly rent of each affordable unit. The report shall be filed on a form designed by the cityDirector and shall include the number of units, the annual income of the qualifying tenants in those units and the rental amount for each affordable unit. Failure to file such a report shall amount to a default under the density bonus housing agreement, and all agreements executed hereunder shall so state.
(d) Determination of rent. A maximum rent schedule shall be submitted to the Director prior to the issuance of a certificate of occupancy for any rental affordable units, and shall be updated annually on the anniversary date of occupancy of the affordable unit.
(e) Deposit amount. Total move-in costs for qualifying tenants shall be limited to first month’s rent plus a security/cleaning deposit not to exceed one month’s rent. (f) Upward mobility allowance. When a qualifying tenant occupying an affordable unit no longer qualifies under the income requirements, verified through the monitoring program required as part of the density bonus housing agreement, that tenant may then be charged market rate rent. If this occurs, any currently vacant unit of similar type to the affordable unit in question shall then be designated as an affordable unit, and the owner shall immediately attempt to secure tenants in accordance with this chapter.
The owner is required to maintain at all times during the term of affordability the minimum number of affordable units identified in the density bonus housing agreement. (g) Subletting of affordable units. Subletting of designated affordable units shall be prohibited.
(h) Monitoring program. A monitoring program shall be required, specifying the party responsible for certifying qualifying tenant incomes and affordable rent, maintaining the required number of affordable units, and marketing and filling unit vacancies. (2) For-sale affordable units. In the case of for-sale affordable units, the density bonus housing agreement shall include the following conditions governing the sale and use of affordable units during the term of affordability:
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(a) Affordable units shall, upon initial sale and any resale, be sold only to qualifying owners, or to qualifying residents in the case of a for sale senior citizen housing development.
(b) Upon initial sale and any resale, affordable units shall be sold at an affordable housing cost.
(c) The purchaser of each affordable unit shall execute a covenant or agreement approved by the City restricting the sale of the affordable unit in accordance with this chapter during the applicable term of affordability. Such covenant or agreement shall be recorded against the parcel containing the affordable unit and shall contain such provisions as the City may require to ensure continued compliance with this chapter and the State Density Bonus Law.
(d) Sale clause. The density bonus housing agreement shall stipulate that, when the term of affordability has expired on an affordable unit, the City and/or a nonprofit housing organization shall have a first right of purchase option sixty (60) days prior to the affordable unit being advertised on the market.
(e) Rental of for-sale units. Rental of for-sale affordable units shall be prohibited unless the proposed renter(s) qualify as qualifying tenants. (D) Remedies. The density bonus housing agreement shall include a description of remedies for breach of the density bonus housing agreement by either party (the City may identify qualifying tenants or qualifying owners as third party beneficiaries under the agreement). Recovery of public costs of default shall be provided for in all density bonus housing agreements. For rental affordable units, default shall result in assessment for repayment of all rent revenues from the affordable units that were designated as affordable units for at least the prior three years or for the life of the density bonus housing agreement, whichever is shorter. The density bonus housing agreement shall set forth the repayment period upon default. The repayment may occur over a reasonable period of time but not to exceed the time elapsed under the density bonus housing agreement prior to the default.
(E) Incentives and concessions. The density bonus housing agreement shall include a description of the incentives and/or concessions, if any, approved by the City. (F) Schedule. The density bonus housing agreement shall include a schedule for completion and occupancy of the affordable units.
(G) Other provisions. The density bonus housing agreement may include such other provisions required by the Director and the City Attorney to ensure implementation and compliance with this chapter.
(H) Expiration of density bonus. An approved density bonus application shall be utilized within the time specified in the density bonus housing agreement or within the time limit JAMIER\05000.20000\10289468.7
that applies to any other discretionary or ministerial entitlement application required for the housing development, whichever is longer. If the approved density bonus application is not utilized within such time period, it shall become null and void and of no effect except, where an application requesting an extension is filed prior to the expiration date, which extension may be approved by the Director upon a finding of unavoidable delay.
17.87.070 Review of density bonus housing agreement.
Once the density bonus housing agreement is in the correct form as to content and language, and reviewed and accepted by the applicant, the proposed agreement shall be scheduled for public hearing by the Planning and Housing Commission at the same time as any other discretionary or ministerial entitlement application required for the housing development. The Planning and Housing Commission shall make a recommendation on the density bonus housing agreement to the City Council.
17.87.080 Decision by City Council.
The City Council shall approve the density bonus housing agreement at a regularly scheduled public meeting if it finds that the agreement complies with this chapter and the State Density Bonus Law.
17.87.090 Recordation.
The City Clerk shall, within ten (10) days of City Council approval cause the notarized density bonus housing agreement to be recorded in the Official Records of the County of Riverside on the parcel or parcels designated for construction of the affordable units and shall provide a copy to the Director. The density bonus housing agreement shall be binding upon all future owners and successors in interest.
17.87.100 Violations.
It shall be unlawful for any person to violate any provision, or to fail to comply with the requirements, of this chapter or any rule, policy or regulation adopted hereunder or any term, condition or provision set forth in a density bonus housing agreement to which that person is a party. Violations of any of the provisions or failing to comply with any of the mandatory requirements of this chapter, any rule, policy or regulation adopted hereunder, or any term, condition or provision set forth in a density bonus housing agreement may be enforced pursuant to the provisions of Chapter 1 (part), 1992.).08 of this code. Each day that a violation continues is deemed to be a new and separate offense. No proof of knowledge, intent, or other mental state is required to establish a violation.
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II. Development Agreements
17.87.210 Purpose and authority.
(A) The intent of this chapter is to establish procedures for the processing of development agreements pursuant to the California Government Code. (B) Development agreements are intended to strengthen the public planning process, to encourage private participation in comprehensive planning and to reduce the economic costs of development by providing earlier vesting than otherwise available under California law. Development agreements are within the total discretion of the city.
17.87.220 Application.
The application for a development agreement shall be filed on a form as designated by the Community Development Director and shall include payment of the required fees to establish a deposit account with the city. The proposed agreement shall be based on the city standard form and shall include adequate consideration to the city. The application shall include submittal of a proposed draft agreement and all related materials designated on the application form, including environmental review.
17.87.230 Fees.
The application for a development agreement shall be accompanied by a filing fee as established by City Council resolution pursuant to state law.
17.87.240 Qualification as an applicant.
Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement or his or her authorized agent. The Community Development Director may require an applicant to submit proof of his or her interest in the real property and of the authority of the agent to act for the applicant(s).
17.87.250 Review of application.
(A) The CommunityPlanning and Development Department shall transmit the proposed agreement to the City Manager. The developer shall meet with the City Manager or his or her designee to negotiate the terms of the agreement. (B) The Community Planning and Development Department shall coordinate the review and approval of the development agreement, including the appropriate environmental review, in consultation with the City Manager, City Attorney and city staff.
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(C) Once the agreement is in the correct form as to content, considerations and language, the proposed agreement shall be scheduled for public hearing by the Planning and Housing Commission in accordance with § 17.87.260.
(D) The Community Planning and Development Department shall prepare a staff report and recommendation to the Planning and Housing Commission based on the required findings in § 17.87.270.
17.87.260 Public hearing notice.
The proposed development agreement shall be noticed as a Planning and Housing Commission public hearing and the City’s Local Guidelines Implementing the California Environmental Quality Act.
17.87.270 Findings.
After its hearing, the Planning and Housing Commission shall make a recommendation in writing to the City Council. This recommendation shall include the Commission’s determination and reasons whether the proposed agreement:
(A) Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan; (B) Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; (C) Is in conformity with the public convenience, general welfare and good land practice;
(D) Will be detrimental to the health, safety and general welfare; (E) Will adversely affect the orderly development of property or the preservation of property values; and
(F) Should be approved.
17.87.280 Decision by City Council.
The City Council shall review the proposed development agreement at another noticed public hearing and may accept, modify or disapprove the recommendation of the Planning Commission. The City Council in its discretion shall decide whether to approve the development agreement, but may not approve it unless it finds that the provisions of the agreement are consistent with the General Plan and any applicable Specific Plan.
Development agreements shall be approved by ordinance. After the ordinance approving a development agreement takes effect, the city shall formally execute the development agreement.
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17.87.290 Recordation.
TheUpon approval of the development agreement by the City Council, the City Clerk shall cause a notarized copyoriginal of the agreement to be recorded as soon as possiblein the Official Records of the County of Riverside and shall provide a conformed copy for enforcement purposes to the Community Development Director.
17.87.300 Amendment or cancellation.
The procedure for proposing an amendment to or cancellation in whole or part of the development agreement shall be the same as the procedure for entering into a development agreement. If the city initiates an amendment or cancellation, it shall first notify the property owner of its intention to initiate such proceedings at least 15 days in advance of giving notice pursuant to § 17.87.260.
17.87.310 Periodic review.
(A) The city shall review the development agreement at least once every 12 months.
The developer shall demonstrate good faith compliance with the terms of the agreement by submitting an annual report to the Community Development Director in March of each year describing in detail how the provisions of the development agreement have been met during the preceding year. The annual report shall be filed on a form designated by the city, and the agreement shall provide that failure to file such an annual report amounts to a default under the agreement.
(B) The Community Development Director shall determine and report to the City Council, on the basis of the annual report and any supplemental information, whether the property owner has for the period of the review complied in good faith with the terms of the agreement. If the Director has determined that the property owner has not complied in good faith with the terms and conditions of the agreement, the City Council shall review the evidence provided by the Director. The City Council shall review the evidence and accept, modify or reject the Community Development Director’s recommendation. If the City Council determines that the developer has not complied in good faith with the terms and conditions of the agreement during the period under review, the City Council may amend or cancel the agreement pursuant to § 17.87.300.
California Department of Housing and Community Development Low Barrier Navigation Center By Right Processing
Government Code Sections 65660, 65664, and 65666
(AB 101, Chapter 159, Statutes of 2019)
Fact Sheet
Introduction
AB 101 requires a Low Barrier Navigation Center (LBNC) be a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses if it meets specified requirements, including:
• Access to permanent housing.
• Use of a coordinated entry system (i.e. Homeless Management Information System). • Use of Housing First according to Welfare and Institutions Code section 8255. (Gov.
Code, § 65662.)
A LBNC is defined as a Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing. Low barrier includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy. (Gov. Code, § 65660.).
Highlights
• LBNC shall be a use by right as defined
by Government Code section 65583.2,
subdivision (i).
• A local government is required to notify
the developer whether the application is
complete within 30 days of receipt of an
application.
• Within 60 days of receipt of a completed
application, the local jurisdiction shall act
upon its review of the application.
• New provisions under AB 101 are in addition to current housing element law regarding planning and approval for emergency shelters and transitional and by right permanent supportive housing.
• This law applies to all cities and counties, including charter cities and counties.
Additional Resources
For the full text and requirements of AB 101 - Low Barrier Navigation Center, visit California’s legislative information website at http://leginfo.legislature.ca.gov/. If you have any questions or would like additional information or technical assistance, please email Divya Ram at [email protected].
Excerpt from Government Code
Section 65583.2(i)
“use by right” shall mean that the local
government’s review of the owner-occupied
or multifamily residential use may not require
a conditional use permit, planned unit
development permit, or other discretionary
local government review or approval that
would constitute a “project” for purposes of
Division 13 (commencing with Section
21000) of the Public Resources Code
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Chapter 17.67
LOW BARRIER NAVIGATION CENTER
Sections:
17.67.010 Purpose.
17.67.020 Definitions.
17.67.030 Allowed zones.
17.67.040 Requirements.
17.67.050 Permit requirement.
17.67.010 Purpose.
The purpose of this chapter is to implement the provisions of Government Code Section 65660 et seq. relating to low barrier navigation centers.
17.67.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. “Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
B. “Homeless management information system” means a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System pursuant to the applicable provisions of the Code of Federal Regulations as specified in Government Code Section 65662.
C. “Low-Barrier Navigation Center” means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. Low barrier includes best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2. Pets.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
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17.67.030 Allowed zones.
A low barrier navigation center shall be an allowed use by right pursuant to Government Code Section 65583.2(i) in any mixed-use zone and commercial zone in the city that allows multiple family residential, including Specific Plans with the same zoning, provided the low barrier navigation center meets the requirements of Section 17.67.040.
17.67.040 Requirements.
A low barrier navigation center shall meet the following requirements.
A. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
B. It is linked to a coordinated entry system.
C. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
D. It has a homeless management information system.
E. It complies with building code occupancy classification requirements as set forth in Chapter 15.04.
17.67.050 Permit Requirement.
A. An application for a low barrier navigation center permit shall be submitted to the Planning Division of the Planning and Development Department.
B. The Planning Division shall, within 30 days of receipt of an application, notify an applicant whether the application is complete.
C. The Planning and Development Director shall decide on a low barrier navigation center permit within 60 days of receipt of a completed application.
D. A low barrier navigation center involving the construction of a new building shall submit a Development Plan Review application according to the requirements in Chapter 17.102.
Chapter 17.91 Precise Plan
17.91.070 Findings for approval.
Neither the Planning Director, Commission nor the Council, upon appeal or Council initiated review, may in their deliberations grant approval of a Precise Plan, Precise Plan modification or minor Precise Plan modification unless it has first been determined, based on the evidence that all of the following findings can be made:
(A) The projectposal is consistent with the Corona General Plan; (B) The projectposal complies with the zoning ordinance, other applicable provisions of this Title 17, other applicable provisions of the Corona Municipal Code and, if applicable, the South Corona Community Facilities Plan or Specific Plans; (C) The projectposal has been reviewed in compliance with the California Environmental Quality Act and all applicable requirements and procedures of the such act have been followed and, if applicable, mitigation measures have been established to reduce the project’s impacts on the environment;
(D) The site is of a sufficient size and configuration to accommodates the design and scale of the projectposed development, by adhering to the objective development standards required by the zoning of the site which includesing the setbacks and height for buildings and elevations, landscaping coverage, parking and other physical features of the proposal;
(E) The design, scale and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, will not create traffic or pedestrian hazards and will not otherwise have a negative impact on the aesthetics, health, safety or welfare of neighboring uses; (EF) The architectural design of the projectposed development adheres to the city’s Residential Development Design Guidelines, the city’s Industrial Development Design Guidelines, or the design guidelines set forth in a specific plan, as may be applicable. is compatible with the character of the surrounding neighborhood, will enhance the visual character of the neighborhood and will provide for the harmonious, orderly and attractive development of the site;
(G) The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance;
(H) For Precise Plan modifications and minor Precise Plan modifications only, the following additional finding shall be made: the proposed development is compatible with and enhances the design of existing buildings and other physical features of the site.
CHAPTER 17.100
ARCHITECTURAL REVIEW BOARD
Sections
17.100.010 Established – Membership
17.100.020 Jurisdiction – Approval required.
17.100.030 Plans – RequirementApplication.
17.100.040 Plans – Data specifiedContent.
17.100.050 Plans – Rejection when nonconforming.
17.100.060 Board consideration.
17.100.070 Criteria for approval.
17.100.080 Appeal of Board decision.
17.100.010 Established – Membership.
There is established an Architectural Review Board, referred to in this chapter as "Board." The Board shall be composed of the members of the City Planning Commission.
17.100.020 Jurisdiction – Approval required.
(A) Prior to the issuance of a building permit, approval of an architectural review shall be required for any of the following:Unless plans, elevations and proposed signs for building or structures have been approved by the Board, or, upon appeal by the Council, no building permit or occupancy permit shall be issued by the city for (1) aAny new building, or structure, addition to an existing building, building moving permit, or pylon sign other development property or appurtenances thereto which are or will be located so as to have a front or side or rear on either side of East and West Grand Boulevard in the city.
(2) Any new building, or structure or any addition to an existing building where architectural review under this chapter is required by this Title 17 or any applicable specific plan.
Architectural review may be a condition of any conditional use permit or a variance concerning property located on either side of West and East Grand Boulevard in the city.
(B) This chapter shall not abrogate the requirement for Board approval and determination as provided in other provisions of the code.
17.100.030 Plans – RequirementApplication.
The applicant for a building permit, when subject to requirement of this chapter,An application for architectural review shall be filed with the Planning Director on forms furnished by the Planning and Development Department and shall be accompanied by a fee as established by City Council resolution. Architectural review involving the construction of a new building or structure shall first submit a Development Plan Review application pursuant to Chapter 17.102. an application for Board approval of his or her proposed development or building relocation and shall submit with the application a site plan, exterior elevations and such other data as required by the Director to assist the Board in evaluating the proposed building or structure. The form of the application shall be prepared by the Director. Preliminary drawings may be submitted for review and, if approved by the Board, shall serve as a guide in further consideration of the same proposed building or structure. Final plans and elevations shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of the code. The first sheet of each set of plans shall give the street address of the work and the name and address of the owner and the person who prepared them.
17.100.040 Plans – Data specifiedContent.
The preliminary drawings submitted for an architectural review application and final site plan shall include, but not be limited to, providing the following datainformation:
(A) A site plan drawn to scale showing The siting of all structures on the subject property, including structures and on adjoining properties to show that light and air are preserved so as not to be detrimental to the orderly and harmonious development of the city;
(B) Landscaping and/or fencing of yards and setback area, use of landscaping and/or walls or fencing for screening purposes, including description and location of appropriate sprinkler systems;
(C) Design of ingress and egress to and from adjacent streets, so as not to interfere with normal traffic flow in abutting streets;
(D) Off-street parking and loading facilities;
(E) Black and white and colored Ddrawings or sketches, in duplicate, of the exterior elevations and/or perspective drawings of the building or structures under consideration; (F) Designations of areas to be computed as usable open space, including balconies, roof decks, patios and other spaces or areas at grade, as appropriate; (G) Designation of location of existing fire hydrants;
(H) Grading and slopes where they affect the relationship of buildings and structures.
17.100.050 Plans – Rejection when nonconforming.
The Planning Director may reject and not accept the application, site plan and other required data which do not conform to the provisions of this chapter.
17.100.060 Board consideration.
The Planning Director shall refer the application, plans and data Applications that conform to the provisions of this chapter and are deemed complete shall be referred to the Board at its next regular meeting. If the meeting is not scheduled within the 15 30 days from the date the application is deemed completeperiod established in this chapter for Board action, a special meeting shall be called by the Board to consider the application, plans and data. The Board shall act on the application and accompanying submitted data within 135 days from the date the application is referred to the Board after the filing of the application and the required plans and data, unless the applicant agrees to an extension of time. If the Board does not act within 35 days or within the agreed upon extension of time, 15 days after such filing, it the application shall be deemed to have approved the issuance of a building permit or occupancy permit or building moving permit as applied for.
17.100.070 Criteria for approval.
(A) The Board may approve,or conditionally approve with conditions or disapprove an architectural review application the issuance of a building permit, occupancy permit or building moving permit in any matter subject to its jurisdiction after determining whether the proposed development, improvement or action if it meetsmeets the following criteria.
(1) The plan for the proposed building or structure complies with the applicable provisions of this Title 17, other applicable provisions of the Corona Municipal Code and any applicable specific planreflects proper consideration for the relationship between the proposed buildings and structures and those that exist or have been approved for the general neighborhood.
(2) The plan for the proposed building or structure on the subject site adheres to the objective development standards required by the zoning of the site which includes the setbacks and height for buildings, landscaping coverage, parking and other physical features of the proposalreflects the manner in which the structures are protected against noise, vibrations and other factors which may tend to make the environment less desirable.
(3) The proposed building or structure adheres to the city’s Residential Development Design Guidelines, the design guidelines for Historic buildings, the city’s Industrial Development Design Guidelines, or the design guidelines set forth in a specific plan, as may be applicable is not, in its exterior design and appearance, so at variance with the appearance of other existing structures in the general neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value.
(4) The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where buildings are within or adjacent to land shown on the General Plan as being part of the civic center or in public or educational use or are within or immediately adjacent to land included within any precise plan which indicates building shape, size or style. (5) The proposed development is in conformity with the standards of the code and other applicable ordinances insofar as the location and appearance of the buildings and structures are involved.
(B) If all the criteria designated in this section are met, the application shall be approved. If some but not all the criteria area met, the Board may approve the application subject to conditions, the fulfillment of which shall cause the proposed building or structure to conform to all the criteria designated in this section. If an application is disapproved, the Board shall state by in detail in its written findings the criterion or criteria that are not met. All action taken by the Board shall be by motion resolution, reduced to a written report and signed by the Chairperson. A copy of such resolutionport shall be sent by certified mail to the applicant at his or her address as stated on his or her application no later than five days after the Board’s action.
17.100.080 Appeal of Board decision.
The applicant or any interested party may file a notice of appeal to the City Council from regarding any determination by the Board. The notice of appeal shall be made on forms prepared and provided by the City Clerk. The appeal shall be filed with the City Clerk no later than ten (10) working days after the date of the decision.
Notice of Exemption FORM “A”
NOTICE OF EXEMPTION
TO:
☒ Office of Planning and Research
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM:
(Public
Agency)
Name: City of Corona, Planning &
Development Department
Address: 400 S. Vicentia Ave., Suite
120, Corona, CA 92882
Telephone: 951-736-2434
☒ Clerk of the Board of Supervisors
or
County Clerk (Riverside)
Address: 4080 Lemon Street, Riverside, CA
92501
1. Project Title: ZTA2024-0001
2. Project Applicant: City of Corona
3. Project Location – Identify street address and cross streets or attach a map showing project site
(preferably a USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):
City wide
4. (a) Project Location – City: Corona (b) Project Location – County: Riverside
5. Description of nature, purpose, and beneficiaries of Project:
City of Corona
6. Name of Public Agency approving project: City of Corona
7. Name of Person or Agency undertaking the project,
including any person undertaking an activity that
receives financial assistance from the Public Agency
as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity:
City of Corona
8. Exempt status: (check one)
(a) ☐ Ministerial project. (Pub. Resources Code § 21080(b)(1); State CEQA Guidelines § 15268)
(b) ☐ Not a project.
(c) ☐ Emergency Project. (Pub. Resources Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c))
(d) ☐ Categorical Exemption.
State type and section number:
Notice of Exemption FORM “A”
(e) ☐ Declared Emergency. (Pub. Resources Code § 21080(b)(3); State CEQA Guidelines § 15269(a))
(f) ☐ Statutory Exemption.
State Code section number:
(g) ☒ Other. Explanation: State CEQA Guidelines § 15061(b)(3).
9. Reason why project was exempt: A project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only
to projects that have the potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action involves minor text changes that will update the Zoning Code
regarding regulations associated with density bonus
agreements and the findings for approval for certain
applications and will add a new chapter for a Low Barrier Navigation Center to be consistent with state law. This action involves no physical impact. As such, there is no possibility that the amendments to the city’s Zoning Code will have a significant effect on the
environment. Therefore, no environmental analysis is
required
10. Lead Agency Contact Person:
Telephone:
Joanne Coletta, Director
951-736-2267
11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing.
12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ☒ No ☐
13. Was a public hearing held by the Lead Agency to consider the exemption? Yes ☒ No ☐ If yes, the date of the public hearing was: Click to enter date ________________________________
Signature Date: Click to enter date
Sylvia Edwards Title: City Clerk
☒ Signed by Lead Agency ☐ Signed by Applicant
Date Received for Filing: Click to enter date
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21110, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.