Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
2. Two incentives or concessions for housing developments that include at least 17% of the total units for lower income households, at least 10% for very low income households, or at least 20% for moderate income households in a common interest development.
3. Three incentives or concessions for housing developments that include at least 24% of the total units for lower income households, at least 15% for very low income households, or at least 30% for moderate income households in a common interest development.
4. Four incentives or concessions for housing developments that include 100% of the total units, not including manager’s units, for lower income households, except that up to 20% of the units may be for moderate-income households. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
C. Findings. The approval authority must grant the concessions or incentives requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:
1. The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for affordable rents as specified in Section 18.65.020(E);
2. The concession or incentive would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households; or
3. The concession or improvement would be contrary to state or federal law.
18.65.12 Waiver or reduction of development standards.
A. Application. Any person that desires a waiver or reduction of one or more development standards pursuant to this chapter must make an application on a form approved by the Director at the time of submitting an entitlement application for the housing development for which the development standard waiver or reduction is requested. A waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions that the applicant is entitled to under Section 18.65.040.
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
B. Findings. The approval authority must waive or reduce the development standard requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:
1. The development standard does not physically preclude the construction of the proposed housing development at the densities or with the concessions or incentive permitted by this chapter;
2. The waiver or reduction would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or
3. The waiver or reduction would be contrary to state or federal law.
18.65.14 Additional density bonus through donation of land.
A. Criteria for Additional Density Bonus. An applicant for a housing development will be eligible for the additional density bonus described in this section if all of the following conditions are met:
1. The applicant donates and transfers land to the City no later than the date of approval of the final subdivision map or 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 an amount not less than 10% of the total number of residential units in the applicant’s proposed housing 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 at the density described in Government Code Section 65583.2(c)(3), and is or will be served by adequate public facilities and infrastructure. a. The land must have appropriate zoning and development standards to make the development of the affordable units feasible.
b. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land must have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review, to the extent authorized by California Government Code Section 65583.2(i), if the design is not reviewed by the City prior to the time of transfer.
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
4. The transferred land and the affordable units will be subject to a deed restriction ensuring continued affordability of the units consistent with Section 18.65.020(E)(1) and (2), which restriction will be recorded on the property at the time of the transfer.
5. The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to such housing developer.
6. The transferred land must be within the boundary of the proposed housing development or, if the City agrees, within one-quarter mile of the boundary of the proposed housing development.
7. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.
B. Grant of Additional Density. When an applicant for a housing development approval donates land to the City that meets the criteria of subsection A of this section, the applicant will be entitled to an increase above the otherwise maximum allowable residential density under the applicable zoning and the land use designation of the General Plan for the entire development, as follows:
Percentage (%) of Very Low Income 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
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
27 32
28 33
29 34
30 35
C. Limitations. This increase provided for in this section is in addition to any increase in density mandated by Section 18.65.020(B), up to a maximum combined density increase of 35%, if an applicant seeks increases required pursuant to both this section and Section 18.65.020(B).
1. All density calculations resulting in fractional units will be rounded up to the next whole number.
2. Nothing in this section will be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development.
18.65.16 Additional density bonus or concession or incentive through provision of child care facility.
A. Grant of Additional Density, Incentives, or Concessions. When an applicant proposes to construct a housing development that conforms to one of the criteria listed in Section 18.65.020(B) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the housing development, the approval authority must grant one of the following:
1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or
2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
B. Conditions of Approval. The approval authority will require as a condition of approving the housing development that the following occur:
1. The child care facility must remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 18.65.020(E).
2. Of the children who attend the child care facility, the children of very low income households, lower income households, or moderate income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or moderate income households pursuant to Section 18.65.020(B).
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
C. Adequate Facilities Exception. Notwithstanding any requirement of this section, the Planning Commission or City Council is not required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.
18.65.18 City’s discretion in granting density bonus.
Nothing in this chapter will be construed to prohibit the approval authority from granting a density bonus greater than what is described in this chapter for a housing development that meets the requirements of this chapter, or from granting a proportionately lower density bonus than what is required by this chapter for housing developments that do not meet the requirements of this chapter.
18.65.20 Parking standards.
A. Maximum Ratios. Upon the request of the applicant, the City will not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a housing development meeting one of the criteria listed in Section 18.65.020(B) that exceeds the following ratios:
1. Zero to one bedroom: one on-site parking space.
2. Two to three bedrooms: one and a half on-site parking spaces.
3. Four and more bedrooms: two and one-half parking spaces.
B. Special Situations.
1. If a development includes at least 20% low-income units for housing developments meeting the criteria of Section 18.65.020(B)(1) or at least 11% very low income units for housing developments meeting the criteria of Section 18.65.020(B)(2) 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, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit.
2. If a development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, then, upon the request of the developer, the city shall not impose vehicular parking standards if 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.
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 Civil Code and the development has either paratransit service or
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
3. If a development meet the criteria of Section 18.65.020(B)(7), then, upon the request of the developer, the city shall not impose vehicular parking standards if the development meets any 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.
b. The development is a for-rent housing development for individuals who are 62 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code 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.
c. The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. Development that is a special needs housing development shall have either paratransit service or unobstructed access, within onehalf mile, to fixed bus route service that operates at least eight times per day.
B. Provision of Parking. If the total number of parking spaces required for a housing development is other than a whole number, the number will be rounded up to the next whole number. For purposes of this section, a housing development may provide “on-site parking” through tandem parking or uncovered parking, but not through on-street parking.
C. Additional Incentives. This section applies to a development that meets the requirements of Section 18.65.020(B), but only at the request of the applicant.
An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to Section 18.65.040. A request pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 18.65.040.
18.65.22 Interpretation.
The granting of a density bonus, concession or incentive pursuant to this chapter shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.
SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 4. POSTING: The Mayor shall sign this Ordinance and the City clerk shall attest hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.
PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held November 1, 2023.
__________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on October 18, 2023, and thereafter at a regular meeting of said City Council duly held on November 1, 2023, it was duly passed and adopted by the following roll call vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on November 1, 2023
________________________
Dana Roa, CMC, City Clerk
City of Norco, California