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High Occupancy Housing Zoning Code Amendment

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1. Why was the High Occupancy Housing Zoning Code Text Amendment Adopted?

The High Occupancy Housing Zoning Code Text Amendment was adopted to implement the High Occupancy Housing Specific Plan (HOH Plan).

In February 2018, the City Council adopted the citywide HOH Plan, a specific plan to the Regional Plan. The HOH Plan was developed in response to the community’s dialogue about previously proposed high-intensity mid-rise developments near historic neighborhoods that primarily catered to college students. The purpose of the HOH Plan is to provide direction in the form of goals and policies to accommodate a variety of housing options in areas of the city that can support infill, redevelopment, and mixed-use activities. These goals and policies are intended to enhance and maintain the city’s character and guide future developments that would be considered High Occupancy Housing (HOH). The HOH Plan identified dozens of strategies that could be implemented to address the unintended impacts of these buildings on neighborhood character, affordability and transportation. It should be noted that the HOH Plan’s listed implementation strategies about the Zoning Code amendments (Pages 102, 103, 105, and 106 of the HOH Plan) “…may be accomplished through another method...” to achieve “…the goals and policies of the HOH Specific Plan and the Regional Plan” (Page 99 of the HOH Plan).  

After the adoption of the HOH Plan, staff received direction and affirmation from City Council on October 8, 2019, to address smaller developments that may also be considered as HOH. The smaller HOH developments that staff were directed to consider are single-family, two-unit (duplex), three-unit (triplex), and multiple-family developments that were not addressed in the HOH Plan.

2. What is a High Occupancy Housing Development (HOHD)?

Please refer to Division 10-80.20: Definition of Specialized Terms, Phrases, and Building Functions, Section 10-80.20.080 Definitions, “H” of the Zoning Code.

A summary of the definitions of High Occupancy Housing Development are below:

A.  High Occupancy Housing Development (HOHD): means any of following: High Occupancy Housing Development, single-family; High Occupancy Housing Development, two-units; High Occupancy Housing Development, three-units; and High Occupancy Housing Development, four-units and greater (see definitions below). Housing development, either for rental or purchase, in which all dwelling units are permanently affordable and offered at 60 percent of the area median income (AMI) in compliance with the Department of Housing and Urban Development regulations shall not be categorized as High Occupancy Housing Development, regardless of the number units, bedrooms, or zoning.

B.  Single-Family High Occupancy Housing Development: A single-family attached or detached dwelling unit with:

• Seven or more bedrooms; or
• Five or more sanitation facilities.

C.  Two-units (Duplex) High Occupancy Housing Development: A lot or parcel containing two dwelling units, excluding an Accessory Dwelling Unit, with:

• More than a total of seven bedrooms; or
• One or more dwelling unit(s) containing four or more sanitation facilities.

D.  Three-units (Triplex / Multiple-family) High Occupancy Housing Development. A lot or parcel containing three dwelling units with:

• More than a total of nine bedrooms; or
• One or more dwelling unit(s) containing four or more sanitation facilities.

E.  Four-units and Greater High Occupancy Housing Development: A Development Site containing four or more dwelling units where:

• More than 20 percent of the total dwelling units having four bedrooms or more;
• One or more of the dwelling unit(s) containing four or more sanitation facilities; or
• The total number of dwelling units per acre, or bedrooms per acre, requires a Conditional Use Permit for an HOHD in accordance with the building form and property development standards of the property’s designated Non-Transect Zone; or, if the property owner has elected a Transect Zone, the density is greater than 29 dwelling units per acre or 72.5 bedrooms per acre.

Definitions:

• Sanitation Facility. The Zoning Code defines a sanitation facility as a delineated area for bathing that contains a toilet, shower, sink, and a shower or tub. The fixtures (toilet, sink, and a shower or tub) may be located in a room or in close proximity that functions as a Sanitation Facility as determined by the Zoning Administrator.
• Bedroom. The Zoning Code defines a bedroom as a room in a residence marketed, designed, or likely to function primarily for sleeping. 

3. What is a Mixed-use High Occupancy Housing Development (MHOHD)?

The definitions of Mixed-use High Occupancy Housing Development is:

A.  A mixed-use development with:

• More than 20 percent of the total dwelling units having four bedrooms or more;
• One or more dwelling unit(s) containing four or more sanitation facilities; or
• The total number of dwelling units per acre, or bedrooms per acre, requires a Conditional Use Permit for an MHOHD in accordance with the building form and property development standards of the property’s designated Non-Transect Zone; or, if the property owner has elected a Transect Zone, the density is greater than 29 dwelling units per acre or 72.5 bedrooms per acre.

B.  Mixed-use Housing Development, either for rental or purchase, in which all dwelling units are permanently affordable and offered at 60 percent of the Area Median Income (AMI) in compliance with the Department of Housing and Urban Development regulations shall not be categorized as High Occupancy Housing Development, regardless of the number of units, bedrooms, or zoning.

Definitions:

• Sanitation Facility. The Zoning Code defines a sanitation facility as a delineated area for bathing that contains a toilet, shower, sink, and a shower or tub. The fixtures (toilet, sink, and a shower or tub) may be located in a room or in close proximity that functions as a Sanitation Facility as determined by the Zoning Administrator.
• Bedroom. The Zoning Code defines a bedroom as a room in a residence marketed, designed, or likely to function primarily for sleeping.

4. What is needed if my development is considered an HOHD or MHOHD?

• If a development is an HOHD or an MHOHD as described above, then the property owner shall obtain approval from the Planning and Zoning Commission of a Conditional Use Permit for the development and demonstrate compliance with the associated building form and property development standards and the Specific to Uses provision of the Zoning Code for the use. In some zones, the property owner shall also obtain approval from the Planning and Zoning Commission of a Conditional Use Permit for a Planned Residential Development.
• To submit a Conditional Use Permit to the Planning and Zoning Commission, the property owner or authorized agent shall obtain conditional approval of a Concept Plan and Site Plan application. Below are the links to the Zoning Code provisions and application checklists and processes.
• 
  
  • Concept Plan - Zoning Code Requirements
  • Site Plan Review and Approval - Zoning Code Requirements
    
  • Concept Plan and Site Plan Application Checklist (PDF)
  • Conditional Use Permit - Zoning Code Requirements
  • Conditional Use Permit Application Checklist (PDF)
  • City Council Adopted High Occupancy Housing Zoning Code Text Amendment - Ordinance No. 2020-28 and Resolution No. 2020-59 (PDF)

5. What zones is the HOHD allowed in?

Please refer to the land use tables of Section 10-40.30.030: Residential Zones, Section 10-40.30.040: Commercial Zones, and Division 10-40.40: Transect Zones of the Zoning Code for the zones that the High Occupancy Housing Development (HOHD) lands use is allowed.

Below is a summary of zones that the HOHD land use is allowed:

Zone	Single-Family HOHD	Two-unit HOHD	Three-units and Greeter HOHD
Rural Residential (RR)	Allowed with a CUP	Allowed with a CUP and PRD	Allowed with a CUP and PRD
Estate Residential (ER)	Allowed with a CUP	Allowed with a CUP and PRD	Allowed with a CUP and PRD
Single-Family Residential (R1)	Allowed with a CUP	Allowed with a CUP and PRD	Allowed with a CUP
Single-Family Residential Neighborhood (R1N)	Allowed with a CUP	Allowed with a CUP	Not Allowed
Medium Density Residential (MR)	Allowed with a CUP and PRD	Allowed with a CUP	Allowed with a CUP
High Density Residential (HR)	Allowed with a CUP and PRD	Allowed with a CUP	Allowed with a CUP
Manufactured Housing (MH)	Allowed with a CUP	Not Allowed	Not Allowed
Suburban Commercial (SC)	Not Allowed	Allowed with a CUP and PRD	Allowed with a CUP and PRD
Community Commercial (CC)	Allowed with a CUP	Allowed with a CUP and PRD	Allowed with a CUP and PRD
Commercial Service (CS)	Not Allowed	Allowed with a CUP and PRD	Allowed with a CUP and PRD
Central Business (CB)	Not Allowed	Allowed with a CUP and PRD	Allowed with a CUP and PRD
Highway Commercial (HC)	Not Allowed	Allowed with a CUP and PRD	Allowed with a CUP and PRD
T3 Neighborhood 1 (T3N.1)	Allowed with a CUP	Not Allowed	Not Allowed
T3 Neighborhood 2 (T3N.2)	Allowed with a CUP	Allowed with a CUP	Allowed with a CUP
T4 Neighborhood 1 (T4N.1)	Allowed with a CUP	Allowed with a CUP	Allowed with a CUP
T4 Neighborhood 1 – Open (T4N.1-O)	Allowed with a CUP	Allowed with a CUP	Allowed with a CUP
T4 Neighborhood 2 (T4N.2)	Allowed with a CUP	Allowed with a CUP	Allowed with a CUP
T4 Neighborhood 2 – Open (T4N.2-O)	Allowed with a CUP	Allowed with a CUP	Allowed with a CUP
T5 Main Street (T5)	Not Allowed	Not Allowed	Allowed with a CUP2
T5 Main Street – Open (T5-O)	Not Allowed	Not Allowed	Allowed with a CUP
T6 Downtown (T6)	Not Allowed	Not Allowed	Allowed with a CUP2

Note: 1. Not allowed on the ground floor unless behind an allowed ground-floor use.

CUP = Conditional Use Permit 

PRD = Planned Residential Development 

6. What zones is the MHOHD allowed?

Please refer to the land use tables of Section 10-40.30.040: Commercial Zones and Division 10-40.40: Transect Zones of the Zoning Code for the zones that the Mixed-use High Occupancy Housing Development (MHOHD) lands use is allowed.

Below is a summary of zones that the MHOHD land use is allowed:

Zone	Mixed-Use (MHOHD)
Suburban Commercial (SC)	Allowed with a CUP
Community Commercial (CC)	Allowed with a CUP
Commercial Service (CS)	Allowed with a CUP
Central Business (CB)	Allowed with a CUP
T5 Main Street (T5)	Allowed with a CUP
T5 Main Street – Open (T5-O)	Allowed with a CUP
T6 Downtown (T6)	Allowed with a CUP

CUP = Conditional Use Permit 

7. In addition to the zones that an HOHD and MHOHD are allowed, are there additional locational requirements?

In addition to the zones that High Occupancy Housing Development (HOHD) and Mixed-use High Occupancy Housing Development (MHOHD) are allowed, the following locational requirements apply:

A.  Single-Family HOHD:

• No additional locational requirements beyond the zones that the use is allowed with a Conditional Use Permit.

B.  An HOHD with two-units (Duplex): A lot or parcel containing two dwelling units, excluding an Accessory Dwelling Unit, with:

• No additional locational requirements beyond the zones that the use is allowed with a Conditional Use Permit.

C.  An HOHD with three-units (Triplex / Multiple-family): A lot or parcel containing three dwelling units with:

• No additional locational requirements beyond the zones that the use is allowed with a Conditional Use Permit.

D.  An HOHD with four or more dwelling units: An HOHD containing four or more dwelling units where:

• The HOHD shall be located inside of a pedestrian shed of an activity center delineated in the General Plan or applicable Specific Plan.

Link to the Regional Plan, Map 24: Activity Centers

Link to the Specific Plan website and list of plans

• The HOHD shall be located where this is adequate transit service is available to the Development Site. Adequate transit service from a Development Site to a permanent transit stop is:

1. Less than or equal to 1,320 feet; or 
2. A distance greater than 1,320 feet when the Planning and Zoning Commission finds that the route to the permanent transit stop has adequate nighttime lighting and does not have a significant grade change, and the distance does not impede reasonable access to transit.

The distance between the permanent transit stop to the Development Site shall be measured following a continuously improved sidewalk and/or public paved trail.

E. Mixed-use High Occupancy Housing Developments (MHOHDs):

• The MHOHD shall be on a lot or parcel that abuts a street classified as a commercial corridor shown on the General Plan (Regional Plan) and located in the pedestrian shed of activity center indicated in the General Plan (Regional Plan) or applicable specific plan.

Link to the Regional Plan, Map 24: Activity Centers

Link to the Regional Plan, Map 25: Road Network Illustration

Link to the Specific Plan website and list of plans

• An MHOHD containing four dwelling units or more shall be located where adequate transit service is available to the Development Site. Adequate transit service from a Development Site to a permanent transit stop is:

1. Less than or equal to 1,320 feet; or
2. A distance greater than 1,320 feet when the Planning and Zoning Commission finds that the route to the permanent transit stop has adequate nighttime lighting and does not have a significant grade change, and the distance does not impede reasonable access to transit.

The distance between the permanent transit stop to the Development Site shall be measured following a continuously improved sidewalk and/or public paved trail.

F.  An HOHD or MHOHD with more than 50 dwelling units per acre and/or 125 bedrooms per acre.

• The HOHD or MHOHD with more than 50 dwelling units per acre and/or 125 bedrooms per acre shall be located inside of a pedestrian shed of a Regional Activity Center

G.  An HOHD on a lot or parcel with a Commercial Zone designation:

1.    On a lot or parcel that is set back at least 300 feet from the centerline of a street classified as a Commercial Corridor identified on the General Plan; and
2.     There shall be an existing primary mixed-use development or commercial use(s), excluding primary transportation and infrastructure uses.

8. Has the allowed residential density (dwelling units per acre) in the Residential Zones been changed?

There has not been a change to the residential densities that are allowed in the Residential Zone. Please refer to Table 10-40.30.030.C. Residential Zones – Building Form and Property Development Standards at the following link: Section 10-40.30.030. and scroll down to the table.

9. Has there been changes to the commercial zones' allowed residential density (dwelling units per acre)?

Yes, density maximums have been incorporated for developments with and without a Conditional Use Permit. A Conditional Use Permit for a High Occupancy Housing Development or Mixed-use High Occupancy Housing is required for a development with a density greater than 13 dwelling units per acre in the Suburban Commercial (SC) Zone and 29 dwelling units per acre in all other Commercial Zones.

10. How has the High Occupancy Housing Zoning Code Text Amendment affected the Transect Zones and related Building Types?

The dwelling units allowed in each Building Type that are used with the Transect Zones have not been modified.

The definitions of a High Occupancy Housing Development or Mixed-use High Occupancy Housing Development would determine which developments in the Transect Zones would require a Conditional Use Permit. In addition, the associated High Occupancy Housing land use would have to be allowed with a CUP in the Transect Zone.

Therefore, any development that conforms with the following definitions would require the approval of a Conditional Use Permit, if the land use is allowed in the property’s zoning designation: 

A. High Occupancy Housing Development (HOHD): means any of following: High Occupancy Housing Development, single-family; High Occupancy Housing Development, two-units; High Occupancy Housing Development, three-units; and High Occupancy Housing Development, four-units and greater (see definitions below). Housing development, either for rental or purchase, in which all dwelling units are permanently affordable and offered at 60 percent of the area median income (AMI) in compliance with the Department of Housing and Urban Development regulations shall not be categorized as High Occupancy Housing Development, regardless of the number of units, bedrooms, or zoning.

B. Single-Family High Occupancy Housing Development: A single-family attached or detached dwelling unit with:

• Seven or more bedrooms; or
• Five or more sanitation facilities.

C. Two-units (Duplex) High Occupancy Housing Development: A lot or parcel containing two dwelling units, excluding an Accessory Dwelling Unit, with:

• More than a total of seven bedrooms; or
• One or more dwelling unit(s) containing four or more sanitation facilities.

D. Three-units (Triplex / Multiple-family) High Occupancy Housing Development: A lot or parcel containing three dwelling units with:

• More than a total of nine bedrooms; or
• One or more dwelling unit(s) containing four or more sanitation facilities.

E. Four-units and Greater High Occupancy Housing Development: A Development Site containing four or more dwelling units where:

• More than 20 percent of the total dwelling units have four bedrooms or more;
• One or more of the dwelling unit(s) containing four or more sanitation facilities; or
• The total number of dwelling units per acre, or bedrooms per acre, requires a Conditional Use Permit for an HOHD in accordance with the building form and property development standards of the property’s designated Non-Transect Zone; or, if the property owner has elected a Transect Zone, the density is greater than 29 dwelling units per acre or 72.5 bedrooms per acre.

F. A mixed-use development with:

• More than 20 percent of the total dwelling units have four bedrooms or more;
• One or more dwelling unit(s) containing four or more sanitation facilities; or
• The total number of dwelling units per acre, or bedrooms per acre, requires a Conditional Use Permit for an MHOHD in accordance with the building form and property development standards of the property’s designated Non-Transect Zone; or, if the property owner has elected a Transect Zone, the density is greater than 29 dwelling units per acre or 72.5 bedrooms per acre.
• Mixed-use Housing Development, either for rental or purchase, in which all dwelling units are permanently affordable and offered at 60 percent of the Area Median Income (AMI) in compliance with the Department of Housing and Urban Development regulations shall not be categorized as High Occupancy Housing Development, regardless of the number of units, bedrooms, or zoning.

Definitions:

• Sanitation Facility. The Zoning Code defines a sanitation facility as a delineated area for bathing that contains a toilet, shower, sink, and a shower or tub. The fixtures (toilet, sink, and a shower or tub) may be located in a room or in close proximity that functions as a Sanitation Facility as determined by the Zoning Administrator.

Bedroom. The Zoning Code defines a bedroom as a room in a residence marketed, designed, or likely to function primarily for sleeping

11. What is the maximum allowed number of bedrooms that a Single-family, Two-unit (duplex), and Three-unit HOHD have with a Conditional Use Permit?

Single-family High Occupancy Housing Development: No maximum

Two-unit (duplex) High Occupancy Housing Development: 10 bedrooms

Three-unit High Occupancy Housing Development: 12 bedrooms

12. What are the bedrooms-per-acre provisions for a Multiple-Family Development with four dwelling units or more?

Residential Zones

• Each Residential Zone has a maximum number of bedrooms per acre with and without a Conditional Use Permit for a High Occupancy Housing Development (HOHD). Please refer to Table 10-40.30.030.C. Residential Zones – Building Form and Property Development Standards for allowed Bedrooms per Acre of a Multiple-Family Development with four dwelling units or more. 
• LInk to: City Council Adopted High Occupancy Housing Zoning Code Text Amendment - Ordinance No. 2020-28 and Resolution No. 2020-59 (PDF)

Commercial Zones

• Each Commercial Zone has a maximum number of bedrooms per acre with and without a Conditional Use Permit for a Mixed-use High Occupancy Housing Development (MHOHD). Please refer to Table 10-40.30.040.C. Commercial Zones – Building Form and Property Development Standards for allowed Bedrooms per Acre of a Multiple-Family Development with four dwelling units or more.
• Link to: City Council Adopted High Occupancy Housing Zoning Code Text Amendment - Ordinance No. 2020-28 and Resolution No. 2020-59 (PDF)

Transect Zones

• A Conditional Use Permit for an HOHD (with four dwelling units or greater) or MHOHD is required for a development on a property with the Transect Zone designation that has more than 72.5 bedrooms per acre. This requirement is pursuant to the definition of a High Occupancy Housing Development, Four-units and Greater, and MHOHD.
• Link to: City Council Adopted High Occupancy Housing Zoning Code Text Amendment - Ordinance No. 2020-28 and Resolution No. 2020-59 (PDF)

Bedrooms per acre are calculated by the total bedrooms of a Development Site divided by the total gross acres of the Development Site.

Example: An HOHD has a total number of 560 bedrooms on a 12-acre Development Site.  The bedrooms per acre would be

560 bedrooms ÷ 12 acres = 46.67 Bedrooms per Acre

13. Is there a distribution requirement for developments with a specific number of bedrooms (one, two, three, four, etc.)?

Yes, there is a minimum or maximum number or distribution requirements of bedroom types (one, two, three, four, etc. bedrooms). These requirements are:

• An HOHD or MHOHD with four dwelling units or more, and that has 29 dwelling units per acre or less or 72.5 bedrooms per acre or less shall not exceed a Bedroom-to-Dwelling Unit Ratio greater than 3.5.
• An HOHD or MHOHD with four dwelling units or more, and that has more than 29 dwelling units per acre or more than 72.5 bedrooms per acre shall have:
• A minimum of 20% of the bedrooms contained in studio and/or one-bedroom dwelling units; and
• A maximum of 30% of bedrooms contained in dwelling units with four bedrooms or more.

An HOHD or MHOHD with three bedrooms or less do not have a minimum or maximum number, or distribution requirements, of bedrooms types.

14. What are the vehicle parking requirements for an HOHD and MHOHD?

The parking requirements are:

Residential units of a High Occupancy Housing Development and Mixed-Use High Occupancy Housing Development

Single-Family - Attached and Detached, Duplex, and Development Sites with three units or less	1 space per bedroom
Developments Sites with four units or more	The sum of: 1 to 75 bedrooms = 1 space per bedroom, plus 76 to 325 bedrooms = 0.90 spaces per bedroom, plus 326 to 650 bedrooms = 0.80 spaces per bedroom, plus Greater than 650 bedrooms = 0.70 spaces per bedroom
Non-residential floor area of a Mixed-Use High Occupancy Housing Development	1 per 300 gsf of non-residential floor area in addition to the residential requirement

15. Is there a parking reduction for providing a transit pass to tenants and employees?

Yes. The High Occupancy Housing Zoning Code Text Amendment allows for a parking reduction for developments that provide transit passes to tenants and employees.  Please refer to section 10-50.80.061 Transit Pass Parking Reduction Pilot Program of the adopted amendment at the following link:  City Council Adopted High Occupancy Housing Zoning Code Text Amendment - Ordinance No. 2020-28 and Resolution No. 2020-59 (PDF)

16. What are the bicycle parking requirements for an HOHD and MHOHD?

High Occupancy Housing Developments.

• Standard bicycle parking spaces.

1. Minimum spaces required: Two bicycle spaces, or equal to 5% of the total number of bedrooms, whichever is greater.
2. Maximum spaces required: 40 bicycle spaces.
3. Location: Within 50 feet of the primary resident pedestrian entrance to the development and in accordance with the provisions of Appendix 1.4.

• Secure bicycle parking spaces.

1. Minimum spaces required: Equal to 15% of the total number of bedrooms.
2. Location: A maximum of 20 secure bicycle parking spaces may be provided outside in secure bicycle lockers. The remainder of the required secure bicycle parking spaces shall be provided in a bicycle storage room or cage within a building or parking structure.

• Exceptions. Single-Family and duplex High Occupancy Housing Developments are not required to provide standard or secure bicycle parking spaces.

Mixed-use High Occupancy Housing Developments.

• Minimum outdoor non-residential standard bicycle parking spaces required: Two bicycle spaces, or 5% of the required non-residential vehicle parking spaces, whichever is greater.
• Location of non-residential standard bicycle parking spaces: Within 50 feet of the primary pedestrian entrance to the non-residential development and in accordance with the provisions of Appendix 1.4. The bicycle parking spaces shall be distributed throughout a Development Site that has multiple primary pedestrian entrances.
• Minimum residential bicycle parking spaces required: Compliance with the High Occupancy Housing Developments requirements.

17. What are the building footprint size and separation requirements?

Building Footprint⁽¹⁾ Sizes and Separation Requirements.

1. Maximum building footprint⁽¹⁾ inside a pedestrian shed of a Historic Activity Center delineated in the General Plan or applicable Specific Plan, excluding properties zoned Commercial Business (CB): Equal to, or less than, 5,000 square feet.
2. Maximum building footprint⁽¹⁾ inside a pedestrian shed of a Historic Activity Center delineated in the General Plan or applicable Specific Plan, and on a property zoned Commercial Business (CB): Equal to, or less than, 22,000 square feet.
3. Maximum building footprint⁽¹⁾ inside a pedestrian shed of a Regional Activity Center delineated in the General Plan or applicable Specific Plan: No Maximum.
4. Maximum building footprint⁽¹⁾ inside a pedestrian shed of an activity center in all other areas not described in subsection B.1., B.2., and B.3. of this section: Equal to, or less than, 22,000 square feet.
5. Excluding the Commercial Business (CB) zone, the minimum separation between the building footprints of structures on the same lot or parcel, and structures on an abutting lot or parcel, shall be separated by a distance that is the greater of 10 feet, or 1/3 the height of the taller structure.
6. Where the area of a pedestrian shed of an activity center intersects with the area of a pedestrian shed of another activity center, the pedestrian shed with the more restrictive maximum building footprint requirement shall govern the intersecting area. The locations of the pedestrian sheds of the activity centers are identified in the General Plan, including any applicable Specific Plans.

Note 1. For the purpose of the requirements of subsection B of this section, the maximum allowable building footprint is equal to the largest floor plate of a structure, including interior courtyards, abutting and interior, or partial interior, podium and above ground parking structure(s), and structures connected with a continuous roof.

18. What other requirements are there for an HOHD or MHOHD?

The following are other requirements for a High Occupancy Housing Development and Mixed-use High Occupancy Housing Development:

• Waste Management Plan. A High Occupancy Housing Development (HOHD) and Mixed-use High Occupancy Housing Development (MHOHD) with four dwelling units or more is required to have a waste management plan.
• Location to Transit Services. An HOHD or MHOHD with four dwelling units or more is required to be located within 1,320 feet of a permanent transit stop, unless a greater distance is approved by the Planning and Zoning Commission.
• Crime Free Multi-Housing Program. A property owner of an HOHD or MHOHD that has rental units shall participate in the City’s Crime Free Multi-Housing Program.
• Heritage Preservation. A property subject to Division 10-30.30 Heritage Preservation, shall have no adverse effect or has appropriately mitigated effects on the historic cultural resource.

Please refer to the Zoning Code for a complete list of requirements for HOHDs and MHOHDs at the following link: 

 City Council Adopted High Occupancy Housing Zoning Code Text Amendment - Ordinance No. 2020-28 and Resolution No. 2020-59 (PDF)

19. I have an existing site plan application submitted for a development that is now considered an HOHD or MHOHD. Do I need to comply with the applicable HOHD or MHOHD requirements?

• For a site plan application that has been submitted prior to the effective date of the High Occupancy Housing Zoning Code amendment and the application has not been deemed complete, then the application shall demonstrate compliance with the High Occupancy Housing Zoning Code amendment.
• For a site plan application that has been submitted prior to the effective date of the High Occupancy Housing Zoning Code amendment and the application has been deemed complete and it has not expired, then the application shall demonstrate compliance with the Zoning Code requirements that were in effect at the time the site plan application was deemed complete.

• Note: Any site plan application that is submitted after the effective date of the High Occupancy Housing Zoning Code amendment, regardless of the expiration date, shall demonstrate compliance with the High Occupancy Housing Zoning Code amendment. 

20. I have an existing approved site plan for a development that is now considered an HOHD or MHOHD, and the approval has not expired. Do I need to comply with the High Occupancy Housing Zoning Code?

No. For a site plan application that was approved prior to the effective date of the High Occupancy Housing Zoning Code amendment, and which has not expired, then the applicant needs to maintain compliance with the Zoning Code requirements that were in effect at the time the site plan application was deemed complete.

21. I have an existing approved site plan for a development that is now considered an HOHD or MHOHD, and the approval has expired. Do I need to comply with the High Occupancy Housing Zoning Code?

Yes. The applicant shall submit a new application that demonstrates compliance with the High Occupancy Housing Zoning Code if the site plan approval has expired after the effective date of the High Occupancy Housing Zoning Code amendment.

Note: Any site plan application that is submitted after the effective date of the High Occupancy Housing Zoning Code amendment, regardless of the expiration date, shall demonstrate compliance with the High Occupancy Housing Zoning Code.

22. I have a concept plan for a development that is now considered an HOHD or MHOHD; but, I have not submitted a site plan application. Do I need to comply with the High Occupancy Housing Zoning Code?

Yes. A site plan application that has been submitted after the effective date of the High Occupancy Housing Zoning Code amendment shall demonstrate compliance with the High Occupancy Housing Zoning Code amendment.