Chapter 18.115
AFFORDABLE HOUSING OVERLAY DISTRICT
Sections:
18.115.030 Affordable housing overlay district created.
18.115.070 Relationship with Density Bonus Law and other laws.
18.115.080 Conflict between regulations.
18.115.090 Neighborhood meeting.
18.115.010 Purpose.
In accordance with California Government Code Section 65583.2(c), the purpose of the affordable housing overlay district (AH) is to provide an alternative review process for housing development projects on sites identified for lower income households in the city’s 2023-2031 housing element that had been previously identified in housing elements, and in which at least 20 percent of the units are affordable to lower income households. [Ord. 24-2 § 7 (Exh. B)].
18.115.020 Definitions.
“By-right development” shall mean that the city’s review of the housing development project does not require a conditional use permit, planned unit development permit, or other discretionary review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the California Public Resources Code. Any subdivision of sites shall be subject to the Subdivision Map Act, CMC Title 17, and all provisions in this title pertaining to minor and major subdivisions. [Ord. 24-2 § 7 (Exh. B)].
“Housing development project” has the same meaning as defined in Government Code 65589.5(h)(2).
“Lower income household” means a household that is either a very low-income or a low-income household as established under the latest state income limits for Contra Costa County by the Department of Housing and Community Development.
18.115.030 Affordable housing overlay district created.
The following district is hereby created, which shall overlay any underlying zoning district or districts, as further illustrated in Figure 18.115.030(A):
Figure 18.115.030(A) – Affordable Housing Overlay District
[Ord. 24-2 § 7 (Exh. B)].
18.115.040 Requirements.
All by-right development projects pursuant to this chapter must be entirely on a parcel or parcels as those parcels were constituted and identified at the time of adoption of the 2023-2031 housing element, which is reflected on the AH overlay district map, and shall comply with the following:
A. Provide at least 20 percent of the units as affordable to lower income households and provide a deed restriction ensuring affordability pursuant to CDC 18.185.090. These units shall enter into an affordable housing agreement, pursuant to CDC 18.185.090.
B. Chapter 18.152 CDC, Objective Design Standards. For housing development projects not in conformance with the city’s objective design standards, they shall be subject to design and site review pursuant to Chapter 18.415 CDC.
C. Housing development projects requesting a major or minor subdivision are subject to the Subdivision Map Act, the applicable provisions of CMC Title 17 (Subdivisions), and application review pursuant to Table 18.400.020. [Ord. 24-2 § 7 (Exh. B)].
18.115.050 Application.
A. Initial Meeting and Preliminary Application. Pursuant to CDC 18.402.020, the applicant shall schedule an initial meeting with staff prior to filing a permit application. An applicant may voluntarily submit a preliminary application for review per CDC 18.402.030(B).
B. Submittal Requirements. Filed applications shall include the information identified in the checklist on file with the planning division, and all applicable fees in accordance with the currently adopted master fees and charges schedule.
If an application for a density bonus, development incentive or concession, or other affordable housing program incentive, it shall be submitted and processed concurrently with any other application(s) required for the housing development project.
Final approval or disapproval of an application shall be made by the review authority.
C. Following receipt of the application and in conformance with Chapter 18.405 CDC (Permit Application Filing and Processing), the city shall provide to an applicant a letter which identifies project issues of concern and the procedures for compliance with this chapter. [Ord. 24-2 § 7 (Exh. B)].
18.115.060 Review authority.
The planning division shall be the review authority for housing development projects pursuant to this chapter, except for the specific decision regarding an application for a minor or major subdivision map, which shall be decided by the review authority identified in CDC 18.400.020. The date of decision on a minor or major subdivision by the appropriate review authority under this chapter shall not be tied to the date of the hearing and action of that review authority, but shall instead be the date the planning division subsequently issues a decision on the application as a whole. Any appeal initiated on a decision including approvals of the planning division and another review authority shall be combined and heard by the next highest review authority identified under CDC 18.510.010 that did not participate in the decision. [Ord. 24-2 § 7 (Exh. B)].
18.115.070 Relationship with Density Bonus Law and other laws.
A. Eligibility for Density Bonus Law waivers, incentives and concessions, the city’s affordable housing incentive program and the transit station overlay shall not be limited by the applicability of this chapter.
B. Subdivision Regulations. CMC Title 17 establishes regulations for the subdivision of land. Where conflict exists between the AH overlay district and the provisions of CMC Title 17, the provisions of CMC Title 17 shall govern. [Ord. 24-2 § 7 (Exh. B)].
18.115.080 Conflict between regulations.
Notwithstanding the regulations set forth in this chapter, if any section of this chapter conflicts with Government Code Section 65915 or other applicable state law, state law shall supersede this chapter.
Where a conflict occurs between the AH overlay district and any other section of the development code or any provision of the CMC, the review authority of this chapter will determine which regulation prevails. [Ord. 24-2 § 7 (Exh. B)].
18.115.090 Neighborhood meeting.
Projects shall conduct a neighborhood meeting in conformance with CDC 18.405.050(B), Neighborhood meeting. [Ord. 24-2 § 7 (Exh. B)].
18.115.100 Repeal.
Pursuant to Government Code Section 65583.2(m), this chapter shall only be effective until December 31, 2028, and shall be repealed thereafter, unless extended by the state. [Ord. 24-2 § 7 (Exh. B)].