Chapter 22.17 — AFFORDABLE HOUSING OVERLAY DISTRICT (AHO)

In accordance with Government Code Section 65583.2(c), the purpose of the Affordable Housing Overlay ("AHO") District, as shown on the Zoning Map, is to provide an alternative review process for housing developments in which at least 20 percent of the units are affordable to lower-income households for: 1) lower-income sites that are vacant and have been included in the inventory from two or more consecutive Housing Element planning periods; and 2) lowerincome sites that are underutilized and have been included in the inventory from a prior Housing Element planning period.

(Ord. No. 1457, § III, 5/1/2024; Ord. No. 1472, 6/4/2025)

Permitted and conditionally-permitted uses, allowable density, and development standards shall be the same as is required for the underlying zoning district(s) except where housing development projects are proposed that comply with the AHO District provisions for affordable housing units as described in subsection (A) of this section. Housing development projects proposed on Housing Element Opportunity Sites shall be consistent with the minimum density of the overlay district, or the underlying zoning district, whichever is greater. Housing 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 Housing Element, which is reflected as the AHO District on the Zoning Map, and shall comply with the following:

• A. Affordable Units. Housing development projects shall provide at least 20 percent of the units affordable to very low- and low-income households. Any fractional unit shall be rounded up to the nearest whole unit.

• B. Deed Restriction. All affordable units, exclusive of any manager unit or units, shall be subject to a recorded deed restriction, in a form and manner approved by the Planning Manager or designee for at least the following periods of time:

  1. Fifty-five years for units that are rented.

  2. Forty-five years for units that are owner occupied.

• C. Density Bonus. Housing development projects constructed pursuant to this chapter shall also be eligible for a density bonus, incentive, concession, waivers, or reductions of development standards and parking ratios, pursuant to Government Code Section 65915, Chapter 22.80 (Density Bonus), or Chapter 22.81 (Development Incentives and Community Benefit Program).

• (Ord. No. 1457, § III, 5/1/2024; Ord. No. 1463, § IX, 10/23/2024; Ord. No. 1472, 6/4/2025)

A housing development project that complies with all requirements of this chapter shall be processed as a "use by right."

(Ord. No. 1457, § III, 5/1/2024; Ord. No. 1472, 6/4/2025)

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City of Martinez, CA

MARTINEZ CODE

§ 22.17.040

§ 22.17.060

The required distances between structures, and minimum site area, frontage, width and depth of the site, usable outdoor space; maximum site area coverage; floor area ratio; front yards, side yards, rear yards, and accessory structures shall comply with the requirements of the underlying zoning district(s); the objective design and development standards in Chapter 22.51B (Objective Design and Development Standards for Qualified Multifamily Development Projects) and Chapter 22.51C (Objective Design and Development Standards for Qualified Mixed-Use Development Projects); other applicable development standards in this title, and any other objective standard in an adopted Specific Plan. Housing development projects that do not conform with objective development standards shall not be subject to this chapter (Ord. No. 1457, § III, 5/1/2024; Ord. No. 1472, 6/4/2025)

The maximum allowable height of structures shall be based on the permitted residential density in the underlying zoning district, as outlined in Table 22.17.050.

==> picture [424 x 101] intentionally omitted <==

----- Start of picture text -----
Table 22.17.050
Residential Density Maximum Height
21.5—29.5 du/ac Two and a half stories or a maximum of 30 feet above the
100-year flood plain, whichever is greater
30.0—32 du/ac Three stories or a maximum of 36 feet above the 100-year
flood plain, whichever is greater
----- End of picture text -----

(Ord. No. 1457, § III, 5/1/2024; Ord. No. 1472, 6/4/2025)

• A. Off-Street Parking.

  1. Off-street parking for housing development projects that comply with the requirements of this chapter shall provide a minimum of one parking stall per dwelling unit.

  2. Dwelling units that are not affordable shall provide off-street parking that complies with requirements for the R-1.5 Residential District, as outlined in Chapter 22.12 (Residential Districts).

• B. Loading. In addition to the minimum required off-street parking stalls, the housing development project shall provide the off-street loading facilities for trucks outlined in Sections 22.36.100 and 22.36.110.

• C. Parking Exceptions. Off-street parking shall not be required for a housing development project in any of the following instances:

  1. The housing development project is located within one-half mile walking distance of public transit, either a high-quality transit corridor or a major transit stop as defined in Public Resources Code Section 21155(b).

  2. There is a designated pick-up or drop-off location for a carshare vehicle located

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City of Martinez, CA

ZONING

§ 22.17.060

§ 22.17.100

within one block of the housing development project.

• (Ord. No. 1457, § III, 5/1/2024; Ord. No. 1472, 6/4/2025)

Notwithstanding any other provision of this chapter, a housing development project that is eligible for approval by right may include the following ancillary uses, provided those uses are limited to the ground floor of the development:

• A. In a single-family residential zoning district, ancillary uses shall be limited to 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 other Martinez residents.

• B. In all other zones, the housing development project may include ancillary commercial uses that are permitted in the underlying zoning district without approval of a conditional use permit.

• (Ord. No. 1457, § III, 5/1/2024; Ord. No. 1472, 6/4/2025)

All uses shall be subject to the general requirements and exceptions prescribed in Chapter 22.34 (General Requirements and Exceptions).

(Ord. No. 1457, § III, 5/1/2024; Ord. No. 1472, 6/4/2025)

• A. 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 User Fee Schedule.

• B. Density Bonus. If an application includes a density bonus, incentive, concession, waivers, or reductions of development standards and parking ratios, then it shall be submitted and processed concurrently with any other application(s) required for the housing development project.

• C. Completeness Review. Following receipt of an application, the City shall provide to the applicant a letter which identifies project issues of concern and the procedures for compliance with this chapter and other applicable objective standards.

• D. Public Notification. A Notice of Decision shall be given not less than 10 days before the date of a scheduled decision to owners of real property within 300 feet of the subject property. Contents of the notice shall include the date and time on or after which a decision will be made, place of the decision, review authority, a general explanation of the matter to be considered, and the project location. Final approval or disapproval shall be made by the review authority specified in Section 22.17.100.

• (Ord. No. 1457, § III, 5/1/2024; Ord. No. 1472, 6/4/2025)

The Community and Economic Development Director, Planning Manager, or designee(s) shall be the review authority for housing development projects pursuant to this chapter, except for the

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City of Martinez, CA

MARTINEZ CODE

§ 22.17.100

§ 22.17.130

specific decision regarding the application for a minor or major subdivision map, which shall be decided by the review authority identified in Title 21 (Subdivisions).

(Ord. No. 1457, § III, 5/1/2024; Ord. No. 1472, 6/4/2025)

Housing development projects requesting a major or minor subdivision are subject to the Subdivision Map Act and the applicable provisions of Title 21 (Subdivisions). Where a potential conflict between the AHO District and the provisions of Title 21 (Subdivisions) exists, the provisions of Title 21 (Subdivisions) shall govern.

(Ord. No. 1457, § III, 5/1/2024; Ord. No. 1472, 6/4/2025)

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, then State law shall supersede this chapter. Where there is a conflict between the AHO District and any other section of this title or any applicable provision of the Municipal Code, then the review authority of this chapter shall determine which regulation prevails.

(Ord. No. 1457, § III, 5/1/2024; Ord. No. 1472, 6/4/2025)

Within 10 days following the date of a decision of the review authority, the decision may be appealed to the Planning Commission by the applicant or any other interested party. An appeal shall be made on a form prescribed by the Planning Division and shall be filed with the City Clerk. The appeal shall state specifically wherein the project approval or denial is not supported by the evidence in the record.

(Ord. No. 1457, § III, 5/1/2024; Ord. No. 1472, 6/4/2025)

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City of Martinez, CA