Newark Municipal Code § 17.15.010 Purpose

This overlay zone district provides supplementary land use, affordable housing requirements, and review procedures for base districts located within the city. The overlay zone district implements requirements of state law regarding streamlined review procedures for residential projects identified in the city's adopted general plan housing element that have been "carried over" from previously adopted housing elements. This zone district does not modify permitted uses, nor does it restrict property owners from developing projects consistent with the requirements provided in this title for the base or underlying zone district.

(Ord. No. 547, § 4(Exh. B), 1-11-2024)

The standards and regulations of this chapter apply to the planning area designated with the -BRH extension on the zoning map. Except as provided in this chapter, all new structures and development as well as alterations to existing structures, shall comply with the requirements of the base zoning district.

(Ord. No. 547, § 4(Exh. B), 1-11-2024)

Any use permitted in the underlying district that is combined with a -BRH overlay zone district shall be allowed subject to the procedures of the underlying district, as modified by the -BRH district.

(Ord. No. 547, § 4(Exh. B), 1-11-2024)

A. Residential Uses Allowed By-Right. Residential projects that comply with all applicable objective standards and criteria of the underlying district, include a minimum of twenty dwelling units per acre, and provide twenty percent of the units in the project as affordable to lower-income households do not require discretionary review under this title. Lower income shall have the same meaning as in Health and Safety Code section 50079.5. Qualifying projects are still subject to design review, except that such design review shall be ministerial, notwithstanding anything in NMC Chapter 17.35 to the contrary.

B. Requirements for Affordable Units. The developer of a residential project under this chapter shall comply with the provisions of NMC 17.18.060 for the residential units designated as affordable to lower-income households, consistent with applicable requirements in state law. Where the requirements of state law conflict with the requirements of this title, state law shall prevail.

(Ord. No. 547, § 4(Exh. B), 1-11-2024)