Perris planning commission backs ‘no net loss’ density-bonus framework to comply with state law

The Perris Planning Commission voted unanimously Wednesday to recommend that the City Council adopt a zoning code text amendment establishing a “no net loss” density-bonus program intended to ensure the city does not reduce its baseline residential capacity in violation of Senate Bill 330.

The proposal would add Chapter 19.89 to Title 19 of the Perris Municipal Code and create a residential-unit bank — a ledger that records residential capacity removed by rezoning so equivalent capacity can be relocated elsewhere in the city, often with a density bonus for receiving sites. Rafael Garcia, a planner with the city, told the commission, “Senate Bill 330 prohibits cities from downsizing, the overall residential land use intensity of a property.”

City staff described two compliance options under SB 330: (1) concurrent up‑zoning of another property to replace lost capacity, or (2) creation of an ordinance and unit bank that allows developers to transfer units into a ledger and deploy them at identified receiving sites later. The draft ordinance before commissioners uses the second approach and would concentrate potential receiving sites near Perris’s two Metrolink stations and within the Riverglen Specific Plan area, with minimum receiving-site sizes of one acre and receiving densities up to 30 dwelling units per acre in Riverglen or up to a 30% increase elsewhere within a two‑mile radius of a station.

Why it matters: Planning staff and commissioners said the city needed a predictable, legal tool to show the state that residential capacity would not be lost when property is rezoned for nonresidential uses such as commercial or industrial. Commissioners and several public speakers emphasized the city’s RHNA obligations and the risk to state housing compliance if residential capacity is removed without replacement.

Key elements and conditions the commission added: commissioners asked staff to tighten how concurrent construction is defined and to add measurable milestones. The recommendation forwarded to council includes a cap so industrial buildings exceeding 500,000 square feet could not use the ordinance as an alternative means of complying with SB 330. For industrial projects that opt into the unit bank, the commission added a requirement that a portion of the residential units placed into the bank be advanced to construction: the commission’s recommendation asks that entitlements for 100% of the banked units be obtained and that building permits and certificates of occupancy be advanced for a portion of those units (the commission’s recommendation specified 25% built/CO issued prior to issuance of certificates of occupancy for the industrial project), with the remaining units retained in the bank for later deployment.

Commission discussion and public input: Commissioners debated whether the ordinance should apply to commercial rezones as well as industrial, and whether the 500,000‑square‑foot cap was the correct threshold for logistics facilities. Industry representatives at the meeting urged a narrower set of preconditions tied to state law; housing advocates and some commissioners pushed for stronger city restrictions and clearer enforceable milestones so units are not simply “banked” without being built. City Council had previously directed staff to pursue the ordinance approach rather than rely solely on case‑by‑case rezones.

What happens next: The planning commission recommended adoption of Resolution 25‑12 and approval of Zoning Code Text Amendment 25‑000002 to add Chapter 19.89, with the clarifications summarized above. The recommendation will go to the City Council for final action.

For the record: The planning commission approved the recommendation by a 4‑0 vote. The motion as reported to the commission incorporated the changes summarized in the hearing (entitlement milestones, a 500,000‑square‑foot industrial cap for eligibility, and a 25% certificate‑of‑occupancy milestone for industrial projects that elect to use the bank).