Chapter 17.31
AFFORDABLE HOUSING AND MIXED-USE OVERLAY DISTRICT (AHMUOD)
Sections:
17.31.010 Intent, purpose, and applicability.
17.31.040 Stand-alone residential projects.
17.31.050 By-right approval process for AHMUOD projects with 20 percent lower income housing.
17.31.010 Intent, purpose, and applicability.
A. The purpose of this affordable housing and mixed-use overlay district (AHMUOD) is to encourage the development of housing, and especially affordable housing, as a means of meeting the city’s obligations under state law to provide opportunities for housing developments in accordance with the Regional Housing Needs Assessment (RHNA) and the city’s RHNA allocation.
B. The AHMUOD is an overlay zone. Uses allowed in the underlying zoning classification will continue to be allowed. The AHMUOD provides the city with the necessary regulatory standards and procedures that are flexible enough to review and approve future mixed-use developments or 100 percent residential projects that benefit the city and future applicants. Applicants can choose to comply with either: (1) the development and design standards and requirements established with the underlying zoning classification per the existing zoning code; or (2) the development and design standards and requirements described in this chapter.
C. Property classified with the AHMUOD shall be identified on the city’s official zoning map by both the underlying zone and the AHMUOD by listing the (AHMUOD) classification with parentheses after the underlying zoning classification. (Ord. 22-12 § 4 (Exh. A), 2022.)
17.31.020 Definitions.
A. Lower Income Households. The term “lower income households” shall have the same meaning as that term is defined in Health and Safety Code Section 50079.5.
B. Total Units. The term “total units” shall have the same meaning as that term is defined in Government Code Section 65915. (Ord. 22-12 § 4 (Exh. A), 2022.)
17.31.030 Mixed-use projects.
A. Mixed-use projects developed pursuant to this AHMUOD shall comply with all provisions of CMC 17.59.030 through 17.59.080, inclusive, except that projects seeking approval under this chapter shall include at least 50 percent of the total gross floor area of the project for residential use and the minimum density standard for a site less than one acre identified in CMC 17.59.060(A)(2)(a)(i) shall be 20 units per acre.
B. Mixed-use projects seeking approval under this chapter shall proceed through the approval process outlined in CMC 17.59.100, unless the proposed project includes at least 20 percent of the total units as affordable for lower income households, in which case the approval process in CMC 17.31.050 applies. (Ord. 22-12 § 4 (Exh. A), 2022.)
17.31.040 Stand-alone residential projects.
A. Any property designated with AHMUOD may develop a stand-alone (100 percent) residential development, subject to the following requirements:
1. The residential density shall be a minimum of 22 and a maximum of 40 dwelling units per net acre.
2. Except as required in this section, all regulations and standards of the RD residential zone (multiple-family) pursuant to Chapter 17.28 CMC and the adopted multifamily objective design standards pursuant to Ordinance 21-09 shall apply. In the case of a conflict, the standards included in this section shall control.
3. The project shall comply with all of the following objective design and architectural standards:
a. Porches, Entries, Balconies, Patios, and Terraces.
i. Front porches and individual entries shall face the street or common open space.
ii. All ground-level units shall include an individual entry, porch, patio, or terrace.
iii. A minimum of 50 percent of the upper-story units shall include a balcony or terrace.
b. Site Planning and Parking.
i. Any surface parking areas shall include at least two of the following shade elements: trees, vine-covered trellises, and overhead solar panels.
ii. A cluster or a row of units shall have a lateral shift or a complete break of at least three feet every three units to avoid one continuous monotonous building setback.
c. Architectural Standards.
i. Eliminate large blank exterior walls by providing varied building plane articulation. A long continuous building plane of up to 30 feet in length must have a three-foot recess or pop-out architectural feature.
ii. Incorporate into building facades at least four of the following human-scale detailing features: reveals, belt courses, cornices, structural and architectural bays, recessed windows or doors, mullions, awnings, covered arcades or porticos, arched columns.
iii. Provide vertical roof plane variation. Rooflines shall be vertically articulated at least every 48 feet along the street frontage through one of the following techniques: a change in wall or roof height of a minimum of four feet; a change in roof pitch; a change in roof form with respect to the direction of slopes, or the inclusion of dormers, towers, or parapets.
iv. Provide nonhabitable front porches and/or patios, which may project into the front yard setback by five feet. Area of the front porch shall be a minimum of 45 square feet.
v. Incorporate at least three of the following building materials into each building: stucco, tiles, culture stones or brick veneer, wood or simulated wood sidings, or authentic and natural (granite) river rock.
vi. Employ at least three of the following accent materials/features into each building: tile insets, terra-cotta, natural or cultured stone medallions, roof cornices, brackets, window trims.
vii. Buildings that are three stories or taller and wider than 30 feet shall be designed to differentiate the ground floor, middle body (i.e., all of the floors between the ground floor and top floor or cornice/parapet cap), and the top floor or cornice/parapet cap. Each of these elements shall be distinguished from one another through the use of all of these techniques: variation in building modulation for a minimum of 70 percent of the length of the facade through changes in wall planes that protrude or recess with a minimum dimension of three feet; variation in facade materials through the use of at least two of the following: size, texture, pattern, or color; and variation in fenestration, through the following: incorporating a step-back, recession or projection with a minimum depth of three feet, and a change in surface area occupied by windows, doors, balconies, or trim by a minimum of 15 percent.
d. Landscaping design and density shall incorporate the following features and requirements:
i. One tree per 30 lineal feet of building perimeter and project boundaries.
ii. Fifteen-gallon minimum for tree size; 30 percent of the total trees at 24-inch box-size trees; five-gallon size shrubs; and ground cover at 12 inches on center.
iii. Provide a mix of 35 percent evergreen trees, 35 percent deciduous trees and 30 percent flowering accent trees.
iv. Provide evergreen trees for shade along the south and west sides, and deciduous trees along the north and east sides.
v. Provide evergreen and canopy shade trees for parking areas. Plant parking lot trees at a rate of one tree per seven parking spaces and provide shade for over 50 percent of the parking area within 15 years (CALGreen Code).
vi. Use drought-tolerant planting and water-efficient irrigation.
vii. Require special paving material such as interlocking pavers or stamped, integral colored concrete with patterns, or equivalent, for hardscape within common open space.
B. The proposed project shall reserve at least 10 percent of the total units in the project as affordable housing for lower income households. Affordable units shall be constructed concurrently with or prior to the construction of market-rate units.
C. The units shall be made available at an affordable housing cost in accordance with Government Code Section 65915, including, but not limited to, the requirement that rental units that are reserved as affordable housing be made available as such for at least 55 years from the date of certificate of occupancy, and for-sale units shall be reserved as affordable housing for at least 45 years from the date of occupancy.
D. All affordable housing units, rental or for-sale, must be restricted by an agreement with the city to ensure the continued affordability of all affordable units, in compliance with Government Code Section 65915. The applicant shall provide evidence that such agreement has been recorded against all properties subject to this restriction before issuance of a building permit.
E. Nothing in this section shall be construed as replacing Government Code Section 65915 or CMC 17.33.020.
F. Stand-alone residential projects seeking approval under this chapter shall proceed through the approval process outlined in CMC 17.59.100 unless the proposed project includes at least 20 percent of the total units as affordable for lower income households, in which case the approval process in CMC 17.31.050 applies. (Ord. 23-11 §§ 10, 11, 2023; Ord. 22-12 § 4 (Exh. A), 2022.)
17.31.050 By-right approval process for AHMUOD projects with 20 percent lower income housing.
A. Ministerial Review (By-Right) and Approval Process. Eligible housing projects, including mixed-use housing projects, that contain 20 percent of the total units for lower income households shall be approved ministerially by the director. All applications for streamlined ministerial review process shall be accompanied by materials as required by the director to verify compliance with the requirements of this section. For mixed-use projects, the project shall comply with all requirements in CMC 17.59.030 through 17.59.080. For stand-alone residential projects, the project shall comply with all requirements in CMC 17.31.040 except 17.31.040(B).
B. Affordable housing units shall be constructed concurrently with, or prior to, the market-rate units. The units shall be made available at an affordable housing cost in accordance with Government Code Section 65915, including, but not limited to, the requirement that rental units that are reserved as affordable housing be made available as such for at least 55 years from the date of certificate of occupancy, and for-sale units shall be reserved as affordable housing for at least 45 years from the date of occupancy.
C. All affordable housing units, rental or for-sale, must be restricted by an agreement with the city to ensure the continued affordability of all affordable units, in compliance with Government Code Section 65915. The applicant shall provide evidence that such agreement has been recorded against all properties subject to this restriction before issuance of a building permit.
D. Nothing in this section shall be construed as replacing Government Code Section 65915 or CMC 17.33.020.
E. Tribal Cultural Resources. Projects eligible for ministerial approval pursuant to this section are exempt from the California Environmental Quality Act, but must comply with the requirements of California Native American Tribal Consultation in Government Code Sections 65913.4(b)(1) through (b)(8), as those sections may be amended from time to time.
1. Upon receipt of an application, city staff shall engage in a scoping consultation regarding the project with any California Native American Tribe that is traditionally and culturally affiliated with the geographic area of the city, within 30 calendar days of receiving the application.
2. If, after concluding the scoping consultation, the city determines there is no impact to tribal cultural resources, the project will follow a ministerial review and approval process. If, after concluding the scoping consultation, the city determines there is potential impact to a tribal cultural resource, the developer shall enter into an enforceable agreement between the California Native American tribe(s) and developer on methods, measures, and conditions for tribal cultural resource treatment. The city shall not approve the project until the applicant has submitted fully executed agreement(s) with all California Native American tribe(s) whose tribal cultural resources may be impacted by the project.
F. Projects developed pursuant to the process provided by this section shall comply with all of the following:
1. The project is required to annex into Community Facilities District 2007-01 (the “CFD”) for the purpose of financing the project’s proportionate share of the cost for police response, fire and emergency medical response, and park services. The applicant shall petition the city to annex to the city’s existing CFD under the California Mello-Roos Community Facilities Act (Government Code Section 53311 et seq.) (the “Act”). The applicant agrees to cooperate and not to oppose annexation to the CFD for purposes set forth above. This annexation shall be completed prior to issuance of building permits.
2. The project shall be annexed into the existing landscape district and lighting district, which shall be completed prior to issuance of building permits.
3. The project shall pay development impact fees pursuant to Resolution 05-6475, prior to the release of the first dwelling unit for the project.
4. If the project includes a subdivision, the project shall be subject to park (Quimby) impact fees to the city for public parkland in accordance with Chapter 16.28 CMC (Park Dedication and In-Lieu Fee Regulations).
5. The project shall comply with Los Angeles County fire department codes and regulations.
6. The project shall comply with the latest adopted California Building Standards Code, and must comply with applicable federal and state accessibility requirements to and throughout the buildings, including compliance methods and structural details on the plans.
a. Demolition activities require an asbestos-containing materials (ACM) survey. (SCAQMD rule 1403). The ACM report shall be prepared by an accredited testing laboratory in accordance with applicable SCAQMD rules and regulations. Proof of notification to the South Coast Air Quality Management District (SCAQMD), office of operations, shall be submitted to the building division with the relevant permit application for all demolition activities. Contact the SCAQMD at the address or number below for more information. Once any demolition activity has adhered to the applicable notification requirements to the SCAQMD, a formal demolition plan and permit must be obtained from the building and safety division. SCAQMD Headquarters 21865 Copley Drive, Diamond Bar, CA, (909) 396-2381.
7. The project shall comply with the street improvements requirements in CMC 17.64.130.
a. The applicant shall provide a preliminary grading and drainage plan for the proposed development.
b. The applicant shall provide a traffic impact/VMT (vehicle miles traveled) analysis for the development.
c. The applicant shall provide a sewer impact analysis for the development.
d. The applicant shall provide a preliminary hydrology/LID analysis for the development.
e. The applicant shall provide a soils and geologic report.
8. The project shall comply with public works environmental services requirements:
a. If the project redevelops an area greater than 5,000 square feet, storm water capture shall be required. A low-impact development (LID) plan shall be required, and must be approved by the city prior to the issuance of a grading permit. The LID plan will be reviewed by the city’s storm water consultant, John L. Hunter & Associates. An LID review fee of $2,000 will apply.
b. SWPPP. If the project disturbs over one acre, and requires a storm water pollution prevention plan (SWPPP), the SWPPP must be uploaded to SMARTS and a WDID provided to the city prior to the approval of the LID plan.
c. Trash Collection. Each trash room must be able to accommodate a separate 65-gallon barrel for the collection of organic waste (food scraps and landscape waste), per state law.
d. Construction and Demolition. Seventy-five percent of construction and demolition debris must be recycled, per city Ordinance No. 18-03. Forms and a security deposit will be required.
9. The project shall pay the applicable SB 50 development impact fees to the school district prior to issuance of the first building permit for production units.
10. The project shall comply with the following Covina police department requirements:
a. Parking lot light fixtures and wall-mounted light fixtures shall be LED. Detailed plans to show compliance shall be submitted to police department and planning division for review and approval, prior to issuance of permit and prior to installation. The condition of approval shall be accomplished on or before opening.
b. Wayfinding signage shall be provided and submitted to police department and planning division for review and approval. Wayfinding signage shall have lighting as well. The condition of approval shall be accomplished on or before opening.
c. Signage stating vehicle code is enforceable must be posted at all entrances so that guests/visitors are aware of what will be enforced on the property. Police department to review signage. The condition of approval shall be accomplished on or before opening.
d. All landscaping should follow the two-foot, six-foot rule. All landscaping should be ground cover, two feet or less and lower tree canopies should be at six feet. This increases natural surveillance and eliminates hiding areas within landscaping. Tree canopies should not interfere with or block the lighting along sidewalks or parking lots. This creates shadows and areas of concealment. Planters will use plant species with limited growth. This is to ensure that maintenance does not become an issue and surveillance from the building is maintained.
e. The owners, operators, or managers must comply with all city codes and ordinances relating to police response and nuisance abatement conditions.
f. Rolling driveway gates, and any pedestrian gate, shall have a keypad installed with current access code provided to police dispatch at (626) 384-5808.
g. The owners, operators, or managers shall, subject to approval by the police department, develop a plan to monitor the area surrounding the location for trash and other discarded items that impact public health and to maintain the cleanliness of the parking lots, sidewalks, and the property of adjacent business owners.
h. The permittee and the operator of any business at the premises shall install, use, and maintain in good working condition a video security system capable of viewing and recording events at the premises as approved by the chief of police. The video security system shall be on and operating at all times by common areas, entrances and exits, and parking areas. The video security system shall be of such quality as to provide images of such a resolution as to clearly identify individuals for later identification. Security systems could deter and prevent public nuisances. Installation and approval shall occur prior to the release of the occupancy or approval of business license.
i. The permittee and the operator of any business at the premises shall ensure that at least one employee or other person is present on the premises during normal business hours with the necessary knowledge and skill to operate the video security system so that he or she is able to provide the Covina police department copies of video recordings immediately upon request.
j. The permittee and the operator of any business at the premises shall preserve the video security system’s recorded information of each business day for a period of not less than 10 business days thereafter for the Covina police department’s review in connection with a criminal or other investigation.
G. No Hearing Required. No public hearing shall be required prior to a decision to approve or deny an application complying with this section.
H. Expiration of Approvals. An approval pursuant to this chapter shall expire within three years.
I. Amendments. An applicant may request an amendment to an approved AHMUOD project. The director may approve such an amendment if the applicant demonstrates the continued conformance of the amended project with the eligibility requirements and development standards in this chapter. (Ord. 22-12 § 4 (Exh. A), 2022.)