Housing regulations for various types of housing development projects. 

Inclusionary Housing Requirements

The City Council adopted the Inclusionary Housing Ordinance on July, 2023, and the ordinance became effective on August 5, 2023.

The following provides a general overview of the provisions of the Inclusionary Housing Ordinance.

Applicability: Inclusionary requirements apply to Residential Development that includes 10 or more dwelling units. 

Exemptions: The inclusionary housing ordinance does NOT apply to the following: 

• Residential developments of nine (9) or fewer housing units.
• The reconstruction of any structures that have been destroyed by fire, flood, earthquake, or other act of nature provided that the reconstruction of the site does not increase the number of residential units by three or more.
• Residential building additions, repairs or remodels; provided that such work does not increase the number of existing units by three or more.
• Residential developments that have been deemed complete by the City pursuant to Government Code Section 65589.5 or 65943 as of the effective date* of this ordinance.  Further, for residential developments that have been deemed complete by the City pursuant to Government Code Section 65589.5 or 65943 within 45 days of the effective date of this ordinance, the inclusionary housing requirement shall be reduced by 50%.
  [*The effective date was August 5, 2023.]

For-Sale Projects: Require a minimum of 5% of units for Moderate Income households.

Rental Projects: Require one of the following as a percentage of the total number of dwelling units within the development. 

• 5% Low Income units and 7% Moderate Income units; or
• 5% Very Low Income units and 5% Moderate Income units; or
• 9% Low Income units. 

Alternative Means of Fulfilling Inclusionary Housing Obligations: As an alternative to constructing inclusionary units, all or a portion of the inclusionary housing requirement may be fulfilled through the payment of an In-lieu Fee (see Resolution No. 8528), subject to the following: 

• For-Sale developments of any size may pay an In-lieu Fee by-right.
• Rental developments with 22 or fewer units may pay an In-lieu Fee by-right.
• Rental developments with 23 or greater units may pay an In-lieu Fee, subject to approval by the City Council (upon a demonstration that providing the affordable units would create an unreasonable economic hardship due to such factors as project size, site constraints, and/or excessively large affordability gaps).
• Refer to Resolution No. 8528 for more information about the In-Lieu Fee amounts.

Off-Site Inclusionary Units: An option is available for Rental residential developments (not For-Sale developments) to construct inclusionary units off-site. Refer to Sections 18.230.070 and 18.230.110(B) for further information. 

Land Dedication: An option is available for developers to dedicate land to the City as an alternative to constructing the required inclusionary units within the development. Refer to Section 18.230.110(C) for further information. 

Required supplemental application forms:

• Supplemental Application Form (Ownership units)
• Supplemental Application Form (Apartment units)

For more detailed information, please review Chapter 18.230  of the Redlands Municipal Code (click here).

Density Bonus Law

The City uses current State Density Bonus Law as contained in Calif. Gov. Code section 65915 et seq. (click here for link). Affordable dwelling units provided within a housing project in accordance with State Density Bonus Law can also be used to satisfy any local Inclusionary Housing requirements imposed by the City. 

Various resources are available online to help explain State Density Bonus Law and how to apply its provisions to housing projects. The following links are provided for informational purposes only:

• Guide to the California Density Bonus Law 
• Density Bonus Law (by SCAG)
• State Density Bonus Law Update (by League of California Cities)

Note that two Assembly Bills significantly amending State Density Bonus Law (such as the density bonus percentage, number of concessions/incentives, etc.) will become effective on January 1, 2024: 

• AB 1287 (click here for link)
• AB 323 (click here for link) 

SB 4 – Affordable Housing on Faith Lands

Senate Bill 4 (SB 4) is known as the “Affordable Housing on Faith and Higher Education Lands Act of 2023.” SB 4 provides a streamlined process for religious organizations and nonprofit colleges to develop affordable housing on their property, regardless of local zoning restrictions. 

Residential land use:  SB 4 makes it legal for faith-based institutions and non-profit colleges to build affordable, multi-family homes on lands they own by streamlining the permitting process and overriding local zoning requirements or restrictions.

Site criteria: The site must be a legal parcel and meet the following criteria: 

1. Owned by the institution on or before January 1, 2024;

2. In a city that includes some portion of either an urbanized area or urban cluster;

3. Adjoin parcels developed with urban uses on at least 75 percent of its perimeter; a

4. NOT  be any of the following:

• Located on a parcel meeting any of the criteria in Gov. Code Section 65913.4, subdivision (a)(6)(B) through (a)(6)(K);
• Located on a parcel where any of the following apply:
  • The development would require the demolition of deed-restricted affordable housing, housing subject to local rent or price control, or housing that has been occupied by tenants within the past 10 years;
  • The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section;
  • The development would require the demolition of a historic structure that was placed on a national, state, or local historic register; or
  • The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.
• Adjoined to a site where more than one-third of the square footage on that site is dedicated to light industrial use;
• Located within 1,200 feet of a site that is used for heavy industry or the most recent permitted use was a heavy industrial use; or
• Located within 1,600 feet of a site that has a Title V industrial use or where the most recent permitted use was a Title V industrial use, except that for a site where multifamily housing is not an existing permitted use, the housing units on the development site cannot be located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.

Residential density: 

• If the project is in a zone that allows residential uses, including in single-family residential zones, the allowed density is the density appropriate to accommodate housing for lower income households under Housing Element Law and the height limit is one story above the maximum height otherwise applicable to the parcel.
   
• If the local government allows for greater residential density on the project site or on an adjoining parcel, than stated above, the greater density or building height applies.
   
• If the project is in a zone that does not allow residential uses, the project is allowed a density of 40 units per acre and a height of one story above the maximum height otherwise applicable to the parcel (except that if local standards allow for greater residential density or heights on the project site or adjacent parcels, the greater standard applies).
   
• A project in a zone that allows residential uses is also eligible for a density bonus, incentives, or concessions, or waivers or reductions of development standards and parking ratios, pursuant to the State Density Bonus Law.

Other uses: In addition to residential uses, the following ancillary uses are permitted:

• In a single-family residential zone, childcare centers and facilities operated by community-based organizations for the provision of recreational, social, or educational services for use by the residents of the development and members of the local community in which the development is located; and
   
• In all other zones, the development may include commercial uses that are permitted without a conditional use permit or planned unit development permit;
   
• Further, any religious institutional use, or any use that was previously existing and legally permitted by the city or county on the site, can remain or be accommodated in the project if certain criteria are met (e.g., the total square footage of nonresidential space on the site does not exceed the amount previously existing or permitted in a conditional use permit, the total parking requirement for nonresidential space on the site does not exceed the lesser of the amount existing or of the amount required by a conditional use permit, and the uses abide by the same operational conditions contained in applicable C.U.P.).

Other development standards: The project must comply with the local jurisdiction’s objective standards not in conflict with SB 4.  Notably, if the project is consistent with all objective subdivision standards, an application for a subdivision map also is exempt from the California Environmental Quality Act.

Parking:  Except if the project site is within one-half mile of a major transit stop (e.g., train station in Redlands) or there is a car share vehicle within one block of the site, or state or local law allows less, the project must provide off-street parking of up to one space per unit (unless applicable state or local law provides for a lower standard).

Safety features: The developer of an SB4 project must conduct any hazardous materials remediation necessary to reach a level of insignificance and include MERV 13 filters in the regularly occupied areas of buildings within 500 feet of a freeway.

Replacement units: If the project would demolish existing residential units or is located on a site where residential units have been demolished in the last five years, then the project must meet the replacement unit requirements in Gov. Code section 66300(d).

Affordability guarantee:  The faith-based organization or nonprofit college must agree to maintain the affordability of these homes to households with incomes below 80 percent of the area median income. The agreement will for at least 55 years for rental housing, and 45 years for homeownership opportunities.

Approval process:  The bill also guarantees “by-right” approval of new homes, as long as they are consistent with all objective building standards and comply with existing environmental protections. This approval process ensures that the California Environmental Quality Act (CEQA) cannot be misused against these projects. 

Tribal Consultation:  For a vacant site, the developer of an SB4 project must conduct tribal consultation and mitigate any potential adverse impacts to tribal cultural resources (if the project would adversely affect tribal cultural resources and the effect cannot be mitigated, then the project cannot use SB 4). Currently, there are five local tribal governments that have previously submitted standing requests to the City of Redlands for notification of development applications (for eligible development projects that are filed with the City), pursuant to State law and the AB 52 process (see Gov. Code sections 21074, 21080.3.1 and 21080.3.2, 21082.3, and 21084.3).  

Prevailing wage: SB4 requires prevailing wages for projects over 10 units and requires specified labor standards on projects over 50 units.  Specifically, for projects over 50 units, SB 4 incorporates the identical prevailing wage and other labor standards as AB 2011.  

Review the SB 4 statute here (link to California Legislative Information website)

SB 35 – Streamlined Multifamily Housing

SB 35 (2017) is now codified in Gov. Code section 65913.4 and allows for the streamlined ministerial processing of multifamily housing projects that meet the criteria contained in Gov. Code section 65913.4 et seq. Such projects meeting the applicable criteria shall not be subject to any requirement for a Conditional Use Permit or any other non-legislative discretionary approval.

The lists of qualifying criteria and requirements are extensive, please refer to the Government Code section for a detailed explanation. Generally, the application criteria and requirements include the following items. 

The development is NOT  located on a site that is any of the following:

• Either prime farmland or farmland of statewide importance, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
• Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
• Within a very high fire hazard severity zone.
• A hazardous waste site that is listed pursuant to Public Resources Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
  • The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to PRC Section 65962.5; or,
  • The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to Section 25296.10© of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
• Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
• Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
  • The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
  • The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
• Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
• Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
• Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
• Lands under conservation easement.

The development is NOT  located on a site where any of the following apply:

• The development would require the demolition of the following types of housing:
  • Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
  • Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
  • Housing that has been occupied by tenants within the past 10 years.
• The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section.
• The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
• The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.

Preliminary Housing Application form required:

Before submitting an application for a development subject to the streamlined, ministerial approval process, the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1, as that section read on January 1, 2020. You may use the City’s SB 330 Preliminary Housing Application for this purpose.   

The City will also be required to conduct a preliminary scoping consultation with the five local Native American Tribes that have submitted standing requests to the Development Services Department for notification regarding qualifying  development projects. Although a proposed project might otherwise qualify for exemption from any environmental review pursuant to the California Environmental Quality Act, the requirement for tribal notification (and holding scoping consultation, if requested by a tribe) still applies.  If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development that is subject to the streamlined, ministerial approval process. See Gov. Code section 65913.4(b) for further information. 

Housing Sites Inventory Map

This map identifies potential sites available for affordable housing projects (identified in the new 2021-2029 Housing Element for purposes of land capacity). 

Housing Sites Inventory Map (click here) 

Hint:  To have different layers turn off/on, click on the Layers button inside the toolbar at upper right corner.
To select a different base map (such as  ‘Imagery Hybrid’ for an aerial photo), click on Basemaps button inside toolbar at upper right corner.

Development Impact Fees

For further information about current Development Impact Fees (DIF) including the nexus study, please go to the Municipal Utilities & Engineering Department webpage here:   
https://www.cityofredlands.org/post/development-impact-fees