Affordable Housing Overlay District (AH) Requirements in Concord

The Affordable Housing Overlay District (AH) in the City of Concord provides an alternative review process for housing development projects on sites identified in the city’s 2023-2031 housing element. To utilize this overlay, projects must designate at least 20 percent of their units as affordable to lower-income households and adhere to specific development standards, including objective design guidelines and affordable housing agreements.

Purpose and Applicability

The Affordable Housing Overlay District (AH) is intended to facilitate the development of housing affordable to a broad range of households with varying income levels [Section 18.115.010]. The AH district applies to sites identified for lower-income households in the city’s 2023-2031 housing element where at least 20 percent of the units are affordable to lower-income households [Section 18.115.010].

"By-right development" within the Affordable Housing Overlay District means that the city’s review process does not require a conditional use permit, planned unit development permit, or other discretionary review that would constitute a "project" under the California Environmental Quality Act [Section 18.115.020].

Core Requirements for Affordable Housing Projects

Projects within the Affordable Housing Overlay District must comply with the following mandates:

Affordability Commitment: Projects must provide at least 20 percent of total units as affordable to lower-income households [Section 18.115.040].
Affordable Housing Agreement: Developers must enter into a legally binding affordable housing agreement with the City of Concord, which must be recorded as a deed restriction on the property [Section 18.115.040].
Design Standards: Housing development projects must conform to the City of Concord Objective Design Standards. Projects that do not meet these objective standards are subject to the design and site review process [Section 18.115.040].
Neighborhood Meeting: A neighborhood meeting is required for any project located within a residential zoning district or within 300 feet of a low-density residential district [Section 18.115.090].

Application and Review Process

The Community Development Department serves as the primary review authority for residential development projects containing affordable housing units [Section 18.115.060].

Initial Meeting: Applicants must schedule an initial meeting with city staff prior to filing a formal application [Section 18.115.050].
Preliminary Application: Applicants may voluntarily submit a preliminary application for review. If an application involves requests for density bonuses, incentives, or concessions, they must be submitted concurrently with the primary housing development application [Section 18.115.050].
Review Authority: The Community Development Director is responsible for reviewing all applications for density bonuses, concessions, incentives, and waivers [Section 18.115.060].

Relationship to Other Laws and Regulations

Density Bonus Law: Eligibility for Density Bonus Law waivers, incentives, and concessions is not limited by the Affordable Housing Overlay District requirements [Section 18.115.070].
Subdivision Regulations: Where conflict exists between the Affordable Housing Overlay District and CMC Title 17 (Subdivisions), the provisions of CMC Title 17 shall govern [Section 18.115.070].
State Law Supremacy: If any section of the Affordable Housing Overlay District conflicts with Government Code Section 65915 or other applicable state law, the state law shall supersede the local ordinance [Section 18.115.080].

Expiration

The Affordable Housing Overlay District chapter is effective only until December 31, 2028, at which point it will be repealed unless extended by the state [Section 18.115.100].

Sections Cited