Sections:

The City of Lafayette's policy is to comply with the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the California Fair Employment and Housing Act by providing reasonable accommodation in the application of its land use and zoning regulations and reasonable modification in a policy, practice, or procedure for housing designed for occupancy by qualified persons with disabilities seeking fair access to housing. The city also recognizes the importance of sustaining and enhancing residential neighborhoods. This chapter is intended solely for residential use. In determining whether a requested modification is reasonable, the city will consider, among other relevant factors, the extent to which the modification might be in conflict with the legitimate purposes of its existing zoning regulations, including where relevant, those regulations aimed at sustaining residential neighborhoods and preserving a suitable environment for family life. The purpose of this chapter is to provide a process for making and acting upon requests for reasonable accommodation.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

"Housing designed for occupancy by, or with supportive services for persons with disabilities" includes a wide range of housing types, including, but not limited to, housing that is physically accessible to people with mobility impairments, residential care facilities for individuals with disabilities or for the elderly, group homes, housing for individuals with Alzheimer's disease, housing for persons with HIV/AIDS, housing with support services and transitional housing that serve homeless with disabilities.

(b)

"Person with disabilities" means an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual.

(c)

"Reasonable accommodation and modification" means the act of making facilities used by residents readily accessible to and usable by individuals with disabilities, through the removal of constraints within the land use, zoning, permit and processing procedures.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

Any person who requests reasonable modification, based on the disability of residents, in the application of a land use or zoning law which may be acting as a barrier to fair housing opportunities, may do so on a form prescribed for that purpose by the city.

(b)

If the project for which the request is being made also requires some other planning permit or approval, then the applicant shall file the request together with the application for such permit or approval.

(c)

If the zoning administrator finds that the proposed development is minimal in nature and complies with the purpose and intent of this chapter and/or other related chapters of this title, the zoning administrator may waive the requirement for related discretionary permits, including, but not limited to, a hillside development permit.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

The applicant shall provide the following information:

(a)

Applicant's name, address, and telephone numbers;

(b)

Project property address;

(c)

The current use of the property;

(d)

The zoning code provision, regulation, or policy from which the modification is being requested;

(e)

The basis for the claim that the person(s) and the housing for which modification is sought qualify under Sections 6-3402(a) and (b) of this chapter, and why the modification is reasonably necessary;

(f)

Other relevant information as requested by the zoning administrator or his or her designee; and

(g)

Upon request and when necessary to establish a substantial impairment or the need for a modification, a medical certification may be required (this will not be required where the impairment and need for modification are readily apparent).

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

The procedure for reasonable modification is as follows:

(a)

Application. An application shall be filed with the zoning administrator on a form approved by the city. The application shall include all submittal requirements as described in Section 6-3404 of this chapter. If assistance is needed to complete the application, or an alternative format for the application is necessary, the zoning administrator should be contacted for assistance.

(b)

Public Notice. Within ten days of deeming an application complete, a notice of pending application shall be sent to all property owners within 300 feet of the subject property. If the zoning administrator finds that the request for reasonable modification is de minimus in nature and complies with the purpose and intent of this chapter, the zoning administrator may waive the requirement for public notification. If a notice is appropriate, it shall include the following information:

(1)

Description of reasonable modification request;

(2)

Statement about the scope of application review permitted by this chapter;

(3)

Date by which public comments regarding the application shall be submitted for consideration;

(4)

Date that the zoning administrator shall make a determination on the application; and

(5)

Appeal rights as described in Section 6-3406 of this chapter.

(c)

Determination. Within 30 days of deeming an application complete, the zoning administrator shall approve, conditionally approve, or deny the application.

(d)

Expiration of Permit. The permit is valid for 12 months from the date of issuance unless a longer period is stated in the permit. If the applicant does not begin the work authorized by the permit by the expiration date, the permit shall expire. The applicant may request one 12-month extension from the zoning administrator.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

A person desiring to appeal the determination of the zoning administrator regarding the approval, conditional approval, or denial of a request for reasonable modification shall file a notice of appeal with the city clerk within 14 days after the date of determination. The city council will consider the appeal within 30 days after the notice is filed. The city council shall limit its consideration of the appeal to whether the reasonable modification meets the findings in Section 6-3407 of this chapter. There shall be no appeal fee for appealing a denial of a request for reasonable modification.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

In making a determination regarding the reasonableness of a requested modification, the following factors shall be considered:

(a)

Special needs created by the disability;

(b)

Potential benefit that can be accomplished by the requested modification;

(c)

Physical attributes of and any proposed changes to the subject property and structures;

(d)

Alternatives which may provide an equivalent level of benefit;

(e)

Whether the requested modification would impose an undue financial or administrative burden on the city;

(f)

Whether the requested modification would require a fundamental alteration in the nature or effect of the city's land use and zoning ordinances, programs or policies;

(g)

Whether the modification would create a "direct threat," which is a significant risk to the health or safety of others, that cannot be eliminated or reduced to an acceptable level by further modification of the city's policies, practices, or procedures; and

(h)

Whether the requested modification is consistent with the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the California Fair Employment and Housing Act.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

There is no application fee associated with requests for reasonable modification.

(b)

No application fee shall apply to the request for reasonable modification unless the request is made concurrently with an application for some other discretionary approval, in which case, the applicant shall pay only the required application fee for the discretionary approval.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

In granting a request for reasonable modification, the reviewing authority may impose any conditions deemed reasonable and necessary to ensure that the reasonable modification would comply with the findings required by Section 6-3407 of this chapter. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable modification be removed once those structures or physical design features are no longer necessary for housing designed for a person with a disability. Any approval or conditional approval of an application may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

The purpose of this chapter is to provide temporary shelter for homeless persons or others in need in a manner that protects the health, safety, and general welfare of nearby residents and businesses, consistent with California Government Code § 65583, which requires all California cities to identify in their General Plan Housing Element at least one zone where emergency shelters are permitted by right without requiring discretionary permits or action, provided they comply with objective operating standards established by the city.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

In this chapter, unless the context otherwise requires:

"Emergency shelter" includes, but is not limited to, shelters, interim uses, navigation centers, bridge housing, and respite or recuperative care. It is intended that the housing provided by these uses be of short term, not permanent housing, and consistent with best practices for these interim uses.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

An emergency shelter that complies with the provisions of this chapter shall be permitted within the General Commercial District 1 (C-1), pursuant to an emergency shelter application.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

An application for an emergency shelter shall be filed with the zoning administrator on a form approved by the city together with a fee fixed by resolution of the city council. The zoning administrator shall approve an application that meets the development standards set forth in Section 6-3505 without discretionary review or a public hearing, as soon as practicable, and in no event more than 30 days after the application has been deemed complete.

(b)

Pursuant to Section 6-250 of the Lafayette Municipal Code, this approval shall expire one year from the approval date unless a building permit has been issued for the project. The zoning administrator may extend the period to exercise the permit for up to one additional year upon a showing of good cause, if such request is received in writing prior to the expiration date.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

Development Standards. An emergency shelter shall conform to the development standards set forth below, as well as all development standards of the C-1 zoning district set forth in Title 6, Part 3, Chapter 6-9 of this Code, including the requirement for design review for any building constructed or altered to affect the exterior appearance. If there is a conflict between the C-1 development standards set forth in Title 6, Part 3, Chapter 6-9 of this code and the standards set forth below, the standards set forth below shall be controlling:

(1)

Proximity to Other Shelters. No emergency shelter shall be closer than 300 feet to another emergency shelter.

(2)

Vehicle Parking. An emergency shelter shall provide one parking space for every four beds and one parking space for every employee.

(3)

Bicycle Parking. An emergency shelter shall provide at least one bicycle space for every five beds.

(4)

Shelter Capacity. No emergency shelter shall contain more than 30 beds, and the size of the facility must accommodate clients at a ratio of at least 200 square feet per person. The city council may establish a maximum number of beds to be allowed in all emergency shelters in the city by resolution. The maximum number of beds in all emergency shelters in the city shall not be less than the number of unsheltered homeless persons in Lafayette as determined in the bi-annual homeless count conducted by the Contra Costa Homeless Program.

(5)

Length of Stay. The length of stay per individual in an emergency shelter shall not exceed six months in a consecutive 12-month period.

(6)

Screening of Outdoor Uses. An emergency shelter shall not allow or include any of the following to occur in front of an emergency shelter or in any other location incidental to the shelter that is visible from adjoining properties or the public right-of-way, unless the same is entirely screened from public view:

(A)

Designated outdoor smoking area;

(B)

Outdoor waiting and client intake area;

(C)

Outdoor public telephones; and

(D)

Outdoor refuse area.

(7)

Exterior Lighting. Lighting in or on an emergency shelter shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity that is consistent with existing lighting in the neighborhood in which the shelter is located.

(8)

Laundry Facilities. An emergency shelter shall provide laundry facilities to serve the number of residents.

(9)

Personal Property Storage. An emergency shelter shall provide secure areas for temporary storage of personal property of the persons residing in the emergency shelter.

(b)

Management Standards. An emergency shelter shall conform to the management standards set forth below:

(1)

Emergency Shelter Management Plan. The operator of an emergency shelter shall prepare and submit a management plan to the zoning administrator that includes, as applicable, the following: established staff training program to meet the needs of emergency shelter residents; adequate security measures to protect emergency shelter residents and the neighboring land uses; a list of services provided to assist emergency shelter residents with obtaining permanent shelter and income; and a method of screening emergency shelter residents to ensure compatibility with services provided at or through the emergency shelter prior to admittance to the shelter.

(2)

On-Site Management and Security Plan. Security measures shall be sufficient to protect clients and neighboring land uses. On-site management and on-site security shall be provided during the hours when the emergency shelter is in operation and at all times that clients are present on-site. An on-site staff person shall be designated as a neighborhood liaison to respond to, and address, any questions or concerns from surrounding residents regarding facility operations. Clients shall be screened for compatibility with shelter resources and for compliance with applicable state and federal laws prior to admittance to the emergency shelter.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

An appeal of a decision made pursuant to this chapter shall be brought and governed as set forth in Section 6-232 of this code.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

The purpose of this chapter is to:

(a)

Facilitate the production of affordable housing by providing incentives;

(b)

Implement the goals, policies and programs of the Housing Element of the Lafayette General Plan; and

(c)

Comply with Government Code Section 65915.

(Ord. No. 637, § 4(exh. A), 11-10-2014)

As used in this chapter, the following terms have the following meanings:

(a)

"Affordable rent" means a rent, including a reasonable utility allowance as determined by the planning and building department director, for rental target units that does not exceed the following calculations pursuant to Health and Safety Code Section 50053:

(1)

Very low income: Fifty percent of the AMI, adjusted for household size, multiplied by 30 percent and divided by 12.

(2)

Low income: Sixty percent of the AMI, adjusted for household size, multiplied by 30 percent and divided by 12.

(b)

"Affordable sales price" means a sales price at which very low, low, or moderate income households can qualify for the purchase of target units, taking into account available financing, number of bedrooms and assumed household size, reasonable down payment, and affordable housing costs as defined in Health and Safety Code Section 50052.5. The affordable sales price shall not exceed a price affordable to households based on the following calculations:

(1)

Very low: household income at or below 50 percent of the AMI.

(2)

Low: household income at or below 70 percent of the AMI.

(3)

Moderate: household income at or below 110 percent of the AMI.

(c)

"AMI" mean the area median income for Contra Costa County.

(d)

"Child care facility" means a child care facility other than a family day care home, including not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers, pursuant to Government Code Section 65915(h)(4).

(e)

"Concession or incentive" means any of the following, pursuant to Government Code Section 65915(k):

(1)

A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Health and Safety Code Sections 18901 et seq., including, but not limited to:

(A)

Reduced minimum lot sizes and/or dimensions.

(B)

Reduced minimum lot setbacks.

(C)

Increased maximum lot coverage.

(D)

Reduced On-site Parking Standards. Upon the request of the developer, the City shall require a vehicular parking ratio, inclusive of handicapped and guest parking,:

In the following ratios:

I.

Zero to one bedroom: One onsite parking space.

II.

Two to three bedrooms: Two onsite parking spaces.

III.

Four and more bedrooms: Two and one-half parking spaces.

If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "onsite parking" through covered parking or uncovered off-street parking, but not through on-street parking.

(2)

Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost and are compatible with the housing units and the existing or planned development in the area where the housing project will be located.

(3)

Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable and actual cost reductions.

(f)

"Condominium project" has the same meaning as set forth in Civil Code Section 1351(f) for moderate income households.

(g)

"Density bonus" is defined as a density increase of at least five percent, unless a lesser percentage is elected by the applicant, and no more than 35 percent over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city.

(h)

"Density bonus housing agreement" means a legally binding agreement between an applicant and the city to ensure that the requirements of this chapter are satisfied and that establishes, among other things, the number, size, location, terms and conditions of affordability, and production schedule of target units.

(i)

"Density bonus units" means those residential units approved pursuant to the provisions of this chapter that exceed the otherwise maximum residential density for the proposed housing development site.

(j)

"Development standard" means any ordinance, general plan element, specific plan, or other city condition, law, policy, resolution or regulation, as set forth in Government Code Section 65915(o)(1).

(k)

"Housing cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, property taxes and assessments, fire and casualty insurance, and homeowner association fees.

(l)

"Low income household" means persons and families whose income does not exceed the low income limits applicable to Contra Costa County, adjusted for household size, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.

(m)

"Maximum residential development" means the maximum number of residential units permitted by the general plan and applicable zoning district at the time of application, except for the provisions of this chapter.

(n)

"Moderate income household" means persons and families whose income does not exceed the moderate income limits applicable to Contra Costa County, adjusted for household size, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.

(o)

"Non-restricted unit" means any unit within a housing development that is not a target unit.

(p)

"Qualifying resident" means a senior citizen or other person eligible to reside in senior citizen housing as defined under Civil Code Section 51.3.

(q)

"Senior housing" means a housing development consistent with the State Fair Employment and Housing Act which has been designed to meet the physical and social needs of senior citizens and which otherwise qualifies as housing for older persons as defined in the federal Fair Housing Amendments Act of 1988.

(r)

"Target unit" means a dwelling unit within a housing development that is affordable to and will be reserved for sale or rent to very low, low, or moderate income households, or to qualifying residents.

(s)

"Very low income household" means persons and families whose income does not exceed the very low income limits applicable to Contra Costa County, adjusted for household size, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.

(Ord. No. 637, § 4(exh. A), 11-10-2014)

(a)

The city shall either grant a density bonus and at least one concession or incentive, or provide other concessions or incentives of equivalent financial value (based on the land cost per dwelling unit) when the applicant for a housing development agrees or proposes to construct at least any one of the following:

(1)

Ten percent of the total dwelling units for very low income households.

(2)

Twenty percent of the total dwelling units for low income households.

(3)

Fifty percent of the total dwelling units for qualifying residents.

(4)

Twenty percent of the total dwelling units in a condominium project for moderate income households.

(b)

The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change or other discretionary approval by the city.

(Ord. No. 637, § 4(exh. A), 11-10-2014)

The city shall grant a density bonus, and incentives or concessions described in Section 6-3611, when an applicant for a residential development project seeks and agrees to construct at least any one of the following:

(a)

Ten percent of the total dwelling units of a residential development project for low income households; or

(b)

Five percent of the total dwelling units of a residential development project for very low income households; or

(c)

A residential development project meeting the requirements of a senior citizen housing development or a mobile home park as defined under state law; or

Density Bonus Calculation: Twenty percent

(d)

Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of the Civil Code, for persons and families of moderate income, provided that all units in the development are offered to the public for purchase.

The applicant shall elect whether the density bonus shall be awarded on the basis of subsection (a), (b), (c), or (d) above. All density calculations resulting in fractional units shall be rounded up to the next whole number. The density bonus shall not be included when determining the number of dwelling units that is equal to five or ten percent of the total dwelling units.

(Ord. No. 637, § 4(exh. A), 11-10-2014)

When an applicant donates land to the city, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire residential development project as follows:

This increase shall be in addition to any density bonus mandated in Section 6-3604(a) through (d) above, up to a maximum combined increase of 35 percent if the applicant seeks both the increase required under this section and the increase under Sections 6-3604(a) through (d). All density bonuses resulting in fractional numbers of .5 or higher shall be rounded up to the next whole number. An applicant shall be eligible for the increased density bonus described in this section if all of the following conditions are met:

(a)

The applicant donates and transfers the land to the city no later than the date of approval by the city of the final subdivision map, parcel map, or residential development application of the residential development project seeking the density bonus.

(b)

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent of the number of residential units of the proposed residential development project seeking the density bonus.

(c)

The transferred land:

(1)

Is at least one acre in size or of sufficient size to permit development of at least 40 units; and

(2)

Has the appropriate general plan designation and is appropriately zoned for affordable housing based on a density of at least the minimum default density as established by the State Department of Housing and Community Development; and

(3)

Is or will be served by adequate public facilities and infrastructure; and

(4)

Has appropriate zoning and development standards to make the development of the affordable units feasible; and

(5)

Has all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land no later than the date of approval of the final subdivision map, parcel map, or of the residential development project seeking the density bonus, except that the city may subject the proposed residential development project to subsequent design review, if the design is not reviewed by the city prior to the time of transfer.

(d)

The transferred land and the affordable units shall be subject to a deed restriction, which shall be recorded on the property at the time of dedication, ensuring continued affordability of the units for a term of at least 30 years.

(e)

The land is transferred to the city or to another housing developer approved by the city.

(f)

The transferred land shall be within the boundary of the proposed residential development project or, if the city agrees, within one-quarter mile of the boundary of the proposed residential development project.

(Ord. No. 637, § 4(exh. A), 11-10-2014)

When an applicant proposes to construct a residential development project that conforms to the requirements of Sections 6-3604(a) through (d) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the residential development project, the city shall grant either of the following:

(a)

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or

(b)

An additional concession or incentive designated by the city to contribute to the economic feasibility of the construction of the child care facility.

The city shall require, as a condition of approving the residential development project, that the following occur:

(c)

The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing units are required to remain affordable pursuant to this chapter; and

(d)

Of the children who attend the child care facility, the children of very low income households, low income households, and moderate income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are made affordable to very low income households, low income households, or families of moderate income households pursuant to Sections 6-3604(a) through (d).

Notwithstanding any requirement of this chapter, the city shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

(Ord. No. 637, § 4(exh. A), 11-10-2014)

When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to households earning between 80 percent and 120 percent of median income, or 15 percent of the total units of the proposed condominium project to households earning less than 80 percent of median income, and agrees to pay for the reasonably necessary administrative costs incurred by the city, the city shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value.

For purposes of this section, "density bonus" means an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion.

For purposes of this section, "other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval.

An applicant shall be ineligible for a condominium conversion density bonus or other incentives under this section if the apartments proposed for conversion constitute a residential development project for which a density bonus or other incentives were previously provided under this chapter.

(Ord. No. 637, § 4(exh. A), 11-10-2014)

Affordable housing units must be constructed concurrently with market-rate units. The affordable units shall be integrated into the residential development project and be comparable in infrastructure (including sewer, water and other utilities), construction quality and exterior design to the market-rate units. The affordable units must also comply with the following criteria:

(a)

Rental Residential Development Projects: When affordable units are required in rental residential development projects, the units should be integrated with the project as a whole. All affordable units shall reflect the range and numbers of bedrooms provided in the project as a whole, and shall not be distinguished by design, construction, or materials. All affordable units shall be reasonably dispersed throughout the project.

(b)

Owner-Occupied Residential Development Projects: When affordable units are required in owner-occupied residential development projects, the units should be integrated with the project as a whole. Affordable units may be smaller in aggregate size and have different interior finishes and features than market-rate units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing.

All affordable units shall reflect the range and numbers of bedrooms provided in the project as a whole, except that if the market-rate units provide more than four bedrooms, the affordable units need not provide more than four bedrooms.

No building permits will be issued for market-rate units until permits for all affordable units have been obtained, unless affordable units are to be constructed in phases pursuant to a plan approved by the city. Market-rate units will not be inspected for occupancy until all affordable units have been constructed, unless affordable units are to be constructed in phases pursuant to a plan approved by the city.

(Ord. No. 637, § 4(exh. A), 11-10-2014)

The applicant must submit a density bonus application, as described in Section 6-3614 below, for the specific incentives or concessions that the applicant requests. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following:

(a)

The concession or incentive is not required in order to provide for affordable housing costs;

(b)

The concession or incentive would have a specific adverse impact upon public health and safety or the physical environment or on any real property that is listed in the Federal Register of Historic Resources, or the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

(Ord. No. 637, § 4(exh. A), 11-10-2014)

If the conditions of Sections 6-3604(a), (b), (c) or (d) are met by applicant, the following incentives or concessions may be granted:

(a)

One incentive or concession for a residential development project that makes:

(1)

At least ten percent of the total units affordable to lower income households; or

(2)

At least five percent of the total units affordable to very low income households; or

(3)

At least ten percent of the total units affordable to persons and families of moderate income in a common interest development.

(b)

Two incentives or concessions for a residential development project that makes:

(1)

At least 20 percent of the total units affordable to lower income households; or

(2)

At least ten percent of the total units affordable to very low income households; or

(3)

At least 20 percent of the total units affordable to persons and families of moderate income in a common interest development.

(c)

Three incentives or concessions for a residential development project that makes:

(1)

At least 30 percent of the total units to lower income households; or

(2)

At least 15 percent of the total units to very low income households; or

(3)

At least 30 percent of the total units affordable to persons and families of moderate income in a common interest development.

(Ord. No. 637, § 4(exh. A), 11-10-2014)

Incentives (or concessions) are broken down into three tiers depending on their level of impact on residents of the project and/or the surrounding community. Concessions with an anticipated greater impact require a higher level of review and approval which encourages least impactful concessions/incentives through a simplified review process. The three tiers of approval are zoning administrator (administrative), planning commission, and city council as outlined below.

If a single project requests concessions from different tiers, all requested concessions would be subject to the highest tier's review and approval. For example, if a proposed project requested two Tier 1 concessions and one Tier 2 concession, all concessions, including those from Tier 1, would be subject to hearing body approval under Tier 2.

(a)

Tier 1: Zoning Administrator Action.

(1)

Waiving the public art requirement.

(2)

Reducing processing fees.

(3)

Deferring collection of impact fees to certificate of occupancy.

(b)

Tier 2: Planning Commission Action.

(1)

Reduction in building setbacks.

(2)

Reduction of lot area standards, including allowing private streets to be included in the lot calculation.

(3)

Reduction in open space/landscaping requirements.

(4)

Reducing impact fees.

(5)

Direct financial assistance through funding grants.

(c)

Tier 3: City Council Action.

(1)

Any additional reductions or variations not specifically covered in Tiers 1 and 2.

(2)

Deviation from any other development standards not addressed in Tiers 1 and 2.

(3)

Density bonuses in excess of what is provided for under state law.

(Ord. No. 637, § 4(exh. A), 11-10-2014)

The provisions of this chapter shall apply to all agents, successors and assignees of an applicant, developer, builder or property owner proposing a residential development project governed by this chapter. No tentative map, use permit, special development permit or occupancy permit shall be issued for any residential development project unless exempt from or in compliance with the terms of this chapter.

The city may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including but not limited to actions to revoke, deny or suspend any permit or development approval.

(Ord. No. 637, § 4(exh. A), 11-10-2014)

In order to receive the concessions and/or incentives described in Section 6-3611, the applicant must submit to the city a density bonus application which will be reviewed concurrent with the development application.

At any time during the review process, the planning and building department director may require from the applicant additional information reasonably necessary to clarify and supplement the application or to determine the consistency of the proposed density bonus application with the requirements of this chapter. The density bonus application should include, but not be limited to, the following:

(a)

A description of the residential development project including the proposed total number of affordable housing units, senior housing units or mobile home park units;

(b)

The zoning, general plan designations, and assessor's parcel number(s) of the project site;

(c)

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout.

(d)

A description of the concessions or incentives requested.

(e)

If an additional incentive(s) is requested, the application should describe why the additional incentive(s) is necessary to provide the affordable housing units.

(Ord. No. 637, § 4(exh. A), 11-10-2014)

Any affordable units constructed under the provisions of this ordinance shall be built on-site, unless otherwise waived by the city council.

(Ord. No. 637, § 4(exh. A), 11-10-2014)

An appeal of a decision made pursuant to this chapter is governed by Sections 6-217 through 6-238 or Section 8-2110.

(Ord. No. 637, § 4(exh. A), 11-10-2014)

The purpose of this chapter is to facilitate the development and availability of housing affordable to a broad range of households of various income levels and sizes in Lafayette. This chapter is intended to:

(a)

Implement state policy that declares local governments have a responsibility to facilitate development to provide for the housing needs of all economic segments of the community;

(b)

Implement the housing element of the general plan, which calls for the adoption of an inclusionary housing program;

(c)

Facilitate the development of affordable housing units within a project; and

(d)

Assist in the dispersal of affordable housing units throughout the city.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

In this chapter, unless the context requires otherwise:

(a)

"Affordable rent" means a rental rate that results in monthly housing costs, including utilities, that collectively do not exceed the following:

(1)

For a very low-income household, one-twelfth of the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate for the unit.

(2)

For a low-income household, one-twelfth of the product of 30 percent times 80 percent of the area median income adjusted for family size appropriate for the unit.

(b)

"Affordable sales price" means a sales price that results in monthly housing costs, including mortgage (principle and interest), property taxes, utilities, property insurance and homeowner association fees, that collectively do not exceed the following:

(1)

For a very low-income household, one-twelfth of the product of 35 percent times 50 percent of the area median income adjusted for family size appropriate for the unit.

(2)

For a low-income household, one-twelfth of the product of 35 percent times 80 percent of the area median income adjusted for family size appropriate for the unit.

(3)

For a moderate-income household, one-twelfth of the product of 35 percent times 110 percent of the area median income adjusted for family size appropriate for the unit.

(c)

"Area median income" means the combined salaries, wages or other sources of income of a single household, based upon household size, for Contra Costa County as published annually by the State of California Department of Housing and Community Development.

(d)

"Downtown" means the area within the boundaries of the downtown specific plan map.

(e)

"First time homebuyer" means a household that has had no ownership in a principal residence during the three-year period ending on the date of purchase of the affordable unit.

(f)

"Inclusionary housing agreement" means a document that has been reviewed and approved by the planning and building director that delineates the exact requirements that a developer shall meet to fulfill the requirements under this chapter.

(g)

"Inclusionary unit" means a dwelling unit that has an affordable sales or rental price for households for a household at the applicable income level under the requirements of this chapter.

(h)

"Large family" means a household with five or more members.

(i)

"Low-income household" means a household whose annual income does not exceed 80 percent of area median income, adjusted for household size as published by the State of California Department of Housing and Community Development for Contra Costa County.

(j)

"Moderate-income household" means a household whose annual income does not exceed 110 percent of area median income, adjusted for household size as published by the State of California Department of Housing and Community Development for Contra Costa County, and would apply to for-sale moderate income housing.

(k)

"Project" means a residential or mixed-use development creating a net increase of two or more for sale or rental dwelling units. This excludes a legal second unit unless that unit is built to satisfy the requirements of this chapter.

(l)

"Very low-income household" means a household whose annual income does not exceed 50 percent of area median income, adjusted for household size as published by the State of California Department of Housing and Community Development for Contra Costa County.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

Geographic Area. The provisions of this chapter applies city-wide.

(b)

Development Size Threshold. The provisions of this chapter apply to all projects creating a net increase of two or more residential units.

(c)

Income Calculations. The State of California calculates annual income limits for very low-, low- and moderate-income households that may vary from the definitions for such households contained in this chapter. In applying Sections 6-3702(a), (b), (g), (h) and (j) above to a proposed project, applicants may use the higher of the household income limits established in this chapter (50 percent of area median income for very low, 80 percent of area median income for low, and 110 percent of area median income for moderate), or the household income limits established by the State of California for the same income categories.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

Single-Family. For projects creating single-family dwellings, 15 percent of the units must be inclusionary units sold or rented at an affordable price to moderate-income households.

(b)

Multi-Family. For projects creating multiple for sale family dwellings, 15 percent of the total units must be inclusionary units, with nine percent sold at an affordable sales price to low or moderate-income households and six percent sold to an affordable sales price of very low-income households.

For projects that are multi-family rental dwellings, 15 percent of the total units must be inclusionary units, with nine percent rented at an affordable price to low-income households and six percent rented at an affordable price to very low-income households.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

To calculate the number of inclusionary units required, multiply 15 percent with the total number of units in the project.

(b)

When six percent and nine percent are multiplied with the total units to determine the number for each respective income category and the result is less than one unit for each income category, then the total combined percentage may be affordable to low or moderate-income households.

(c)

Notwithstanding subsections (a) and (b) above, a project with two to six units may elect to pay the applicable in-lieu fees and is not required to build inclusionary units.

(d)

Notwithstanding subsections (a) and (b) above, a project with seven to 20 for-sale units may elect to make all of the inclusionary units affordable at moderate-income. Similarly, a project with seven to 20 rental units may elect to make all of the inclusionary units affordable at low-income.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

If multiplying the required 15 percent with the total number of units results in other than a whole number, a result equal to or greater than one-half shall be rounded up to the next whole unit. An in-lieu fee shall be paid for a result less than one-half.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

This chapter establishes provisions under which an in-lieu fee is collected for inclusionary units. The city council shall establish the amount based on an appropriate fee study and shall update the fee over time. The in-lieu fee requirements of this chapter shall be effective only after the city council has adopted or updated the fee by resolution.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

Segmentation of a project in order to avoid the requirements of this chapter is not permitted. Construction of proximate dwelling units within any five-year period for which there is evidence of common ownership, control or interest, and whether or not covered by the same land use entitlements, shall be subject to the regulations of this chapter. However, nothing herein shall prohibit the phased development of a project, as approved by the city.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

For-sale inclusionary units shall be restricted to the applicable income level for a period not less than 45 years.

(b)

Rental inclusionary units shall be restricted to the applicable income level for a period not less than 55 years, including inclusionary units proposed as rentals under Section 6-3712 of this chapter.

(c)

The term of for-sale units' affordability resets upon sale of the unit(s).

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

Inclusionary units must be dispersed throughout the project and be comparable in terms of bedroom count and exterior design to the market rate units. The inclusionary units must have access to all amenities available to the market rate units.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

Inclusionary units must be constructed prior to or concurrently with the construction of the market rate units. The developer shall complete construction of all inclusionary units prior to final inspection of the final market rate unit. In phased developments, inclusionary units may be constructed and occupied in proportion to the number of units in each phase.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

Off-Site Development. Instead of providing inclusionary units on-site to satisfy the requirements of this chapter, a developer may propose providing all or a portion of the inclusionary units off-site, including for-sale housing or rental housing (see subsection (b) for-rent alternative to fee or sale, below).

(1)

In order to approve such a proposal, the city council must find that on-site production of such units is infeasible or that greater public benefit will result from the units being off-site.

(2)

The city council shall require the provision of a minimum of one and may require up to two off-site units for every unit not provided on-site.

(3)

Regardless of the number of off-site for-sale units that are required, 40 percent of the off-site units shall be affordable to very low-income households and 60 percent shall be affordable to low- or moderate-income households.

(4)

Regardless of the number of off-site rental units that are required, 40 percent of the off-site units shall be affordable to very low-income households and 60 percent shall be affordable to low-income households.

(5)

Nothing in this section shall obligate the council to allow any off-site units.

(6)

A developer proposing to provide the inclusionary units off-site must provide a relocation plan for any current tenants that may be displaced by the development of affordable units at the off-site location.

(7)

All other provisions of this chapter apply, whether the units are produced on-site or off-site.

(b)

For-Rent Alternative to Fees or Sale.

(1)

Ownership Projects. An applicant for a residential ownership project may elect to provide all or a portion of the inclusionary units required for the residential project at affordable rent to lower income households rather than provide for-sale units. Fifteen percent of the total units must be affordable to lower incomes, with nine percent rented at an affordable rent to low income households and six percent rented at an affordable rent to very low income households. If the applicant proposes to provide rental units off-site, 40 percent of the off-site rental units shall be affordable to very low-income households and 60 percent shall be affordable to low-income households.

(2)

Sales of Affordable Rental Units. If the owner of the ownership project later determines to offer the affordable rental units in the project for sale at an affordable sales price, any subsequent regulatory agreement shall include provisions for sale of the affordable units, as well as relocation benefits for tenants of the affordable rental units.

(3)

All other provisions of Section 6-3712(a) apply, except Section 6-3712(a)(3).

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

An inclusionary housing agreement between the developer and the city shall be required for any project subject to the provisions of this chapter in a form approved by the planning and building director. The agreement shall be executed prior to issuance of a building permit.

(b)

The inclusionary housing agreement shall contain the following information:

(1)

The location, tenure (rental or ownership) and size of the proposed market rate and inclusionary units;

(2)

The calculations used to determine the number of inclusionary units;

(3)

A floor plan or site plan depicting the location of the inclusionary units;`

(4)

The affordability level for each inclusionary unit;

(5)

The term of affordability;

(6)

A phasing plan for phased developments;

(7)

A description and details of any requested incentives, waivers or exemptions;

(8)

For projects including a density bonus, documentation that the density bonus is requested for units provided that are inclusive of the city's inclusionary requirements;

(9)

The process by which eligibility of qualified households will be reviewed and selected to rent or purchase affordable units;

(10)

An annual reporting schedule and requirements;

(11)

In for-sale housing, priority to first time home buyers and/or large families and in for-rent housing, priority to large families;

(12)

Additional information as requested by the planning and building director.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

In approving an inclusionary housing agreement, the city may, at its sole discretion, include one or more of the following allowances:

(a)

Unit Size Reduction. The size of the required inclusionary units may be smaller than the market rate units, consistent with all other provisions herein.

(b)

Interior Finishes. Inclusionary units may have different interior finishes than market rate units so long as the interior features are durable, of good quality and consistent with current state building code standards for new housing.

(c)

Accessory Dwelling Units. Projects consisting of single-family detached units may meet the inclusionary unit requirements by providing an accessory dwelling unit in accordance with the provisions of the city's accessory dwelling unit regulations on a one-for-one basis. All other requirements of this chapter, including income restrictions and term of affordability, shall be applied to second units.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

A developer of a project subject to the requirements in this chapter may petition the city council for a reduction, adjustment, or waiver of these requirements based upon substantial evidence showing the absence of any reasonable relationship or nexus between the impact of the development and the inclusionary requirements.

(b)

A project subject to the requirements of this chapter and which has received approval for a tentative subdivision or parcel map, use permit or other discretionary approval and submits a new or revised application for the same property may petition for a reduction, adjustment or waiver of the requirements with respect to the number of lots or square footage of construction previously approved.

(c)

Any such petition shall be made in writing and filed with the planning and building department, along with the required fee established by city council resolution, not later than ten days before the first public hearing on any discretionary approval or permit for the development, or if no such discretionary approval or permit is required, or if the developer is protesting an action taken pursuant to the ordinance from which this chapter is derived after the first public hearing on such permit or approval, then the petition shall be filed within ten days after the date of the action objected to by the developer. The petition shall set forth in detail the factual and legal basis for the claim of waiver, reduction, or adjustment.

(d)

The city council shall consider the petition at the public hearing on the permit application or at a separate hearing within 60 days after the filing of the petition, the appellant shall bear the burden of presenting substantial evidence to support the petition including comparable technical information to support petitioner's position.

(e)

No waiver shall be granted by the city council for a new project where a prior project was approved within the last three years unless the city council finds that:

(1)

The new project is superior to the approved project both in its design and its mitigation of environmental impacts,

(2)

Adequate affordable housing already exists in that the aggregate of new or substantially rehabilitated dwelling units within the city makes available more than 15 percent of such units at affordable housing cost to, and occupied by, persons and families of low and moderate income, and of such 15 percent, not less than 40 percent thereof is available at affordable housing cost to, and occupied by, very low-income households, or

(3)

Exceptions to the affordable housing requirements will result in a better project that better meets the city's housing goals.

(f)

The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any change in the project shall invalidate the waiver, adjustment, or inclusionary requirements unless such change is approved by the city in advance.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

The purpose of this chapter is to provide objective zoning standards for housing developments and urban lot splits within single-family residential zones, to implement the provisions of state law as reflected in Government Code sections 65852.21 and 66411.7, and to facilitate the development of new residential housing units in a manner compatible with existing single-family residential uses and ensure sound standards of public health and safety.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

As used in this chapter, the following terms have the following meanings:

"Adjacent parcel" means a parcel sharing any portion of its property line(s) with the parcel being subdivided using the provisions of an urban lot split.

"Person acting in concert" means a person that has common ownership of the adjacent parcel with the owner of the subject parcel, or a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

"Hillside overlay district" means the area shown on the map entitled Hillside Overlay District dated July 8, 2002, adopted by Ordinance 528, a copy of which is on file at the city offices.

"Housing development" means one or two residential units on a single parcel within a single-family residential zone.

"Building footprint" means the area within the exterior walls of a building.

"Lafayette area ridge map" means the map entitled Lafayette Area Ridge Map, dated July 8, 2002 adopted by Ordinance 528, a copy of which is on file at the city offices.

"Natural contours" mean those contours existing on January 1, 2022 created through natural processes or pursuant to a valid permit to alter the grades on the site.

"Light reflectance value" (LRV) means the percentage of light a color reflects and is measured on a scale that ranges from zero (absolute black, absorbing all light) to 100 percent (pure white, reflecting all light).

"Percent slope" means the slope ("S") calculated for an area using either of the following formulas:

S = 0.002296 i L / A or S = 100 i L / a

Where S = average percent slope

i = contour interval in feet

L = summation of length of all contours in feet

A = area in acres of parcel being considered

a = area in square feet of parcel being considered

"Protected tree" means a tree that is defined as a protected tree in Chapter 6-17 of the Lafayette Municipal

"Urban lot split" means a subdivision of an existing legal lot of record into no more that two separate parcels meeting the objective standards set forth in this chapter and the Subdivision Map Act.

"Viewing evaluation map" means the map entitled Viewing Evaluation Map, dated March 1, 1993, as amended by Ordinance 558 on September 25, 2006, a copy of which is on file at the city offices.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

To be eligible for a housing development or urban lot split as specified under state law and this chapter, the proposed housing development or urban lot split shall meet all of the following criteria:

(1)

The parcel is located within a single-family residential district as provided for in Chapter 6-7 of the Lafayette Municipal Code.

(2)

The parcel is not located on either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

(3)

The parcel is not located on wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

(4)

The parcel is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

(5)

The parcel is not located within a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

(6)

The parcel is not located within a delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

(7)

The parcel is not located within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

(A)

The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.

(B)

The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

(8)

The parcel is not located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.

(9)

The parcel is not located within lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

(10)

The parcel is not located on lands with habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

(11)

The parcel is not under a conservation easement.

(12)

The parcel is not included on the State Historic Resources Inventory.

(13)

The urban lot split or housing development would not require demolition or alteration of:

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

Housing that is subject to any form of rent or price control though a public entity's valid exercise of its police power.

Housing that has been occupied by a tenant in the last three years.

(14)

The parcel is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

(b)

In addition, to be eligible for a housing development, the proposed housing development:

(1)

Creates one or two new dwelling units, and

(2)

Does not allow the demolition of more than 25 percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.

(c)

In addition, to be eligible for an urban lot split the proposed urban lot split shall meet all of the following criteria:

(1)

The new created parcels are no smaller than 1,200 square feet.

(2)

The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

(3)

The parcel has not been established through prior exercise of an urban lot split as provided for in this chapter.

(4)

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

All housing developments and urban lot splits as permitted under state law and this chapter shall be considered ministerially, without discretionary review or a hearing.

A proposal for a housing development or urban lot split under this chapter shall be initiated by an application on a form prescribed by the city together with the required fees as adopted by city council resolution.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

A permit approval automatically expires if the use or action authorized is not started or construction incident thereto is not begun on or before the time limit specified in the permit, and thereafter diligently pursued. If no time is specified, the permit expires 12 months after the date of approval. The manager may grant one 12-month extension of time upon written request if the city has not made applicable changes to the Lafayette Municipal Code and the development is not changed.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

The requirements of this chapter are in addition to other applicable provisions of the Lafayette Municipal Code. Where there is a conflict between this chapter and other sections of the Lafayette Municipal Code, this chapter shall prevail.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

The standards set forth in this chapter shall not physically preclude the construction of up to two units per parcel and shall not preclude each unit from being at least 800 square feet in floor area, unless otherwise precluded by law. If the housing project cannot be designed to meet the objective standards and the objective standards would preclude two 800 square foot units, the city will provide relief from one or more of the objective standards set forth in this chapter and as prioritized by the city council. The city shall determine the extent of relief necessary to allow two 800 square foot units. The purpose of this section is for the housing development and/or urban lot split to comply with the objective standards, General Plan and Lafayette Municipal Code to the maximum extent.

The city council hereby lists the following objective standards from lowest-to-highest priority. Encroach into 1) side yard, 2) rear yard, 3) front yard, 4) creek setback, and 5) ridgeline setback in that order.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

No more than two total units on each parcel, including accessory dwelling units and junior accessory dwelling units, shall be allowed on parcels that have been created by an urban lot split pursuant to state law and this chapter.

(b)

No more than two primary dwelling units and four dwelling units total, including accessory dwelling units and junior accessory dwelling units, shall be allowed on a parcel that has utilized the housing development provisions pursuant to state law and this chapter.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

For a housing development, one of the two units shall be the property owner(s)' principal residence.

(b)

An applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. This does not apply to a community land trust or a qualified nonprofit corporation.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

The property owner must record a deed restriction, acceptable to the city, that does each of the following:

(a)

Documents the parcel or housing development was created using the provisions of SB 9.

(b)

Expressly prohibits any rental of any dwelling on the property for a term of 30 days or less.

(c)

Expressly prohibits any non-residential use of the lots.

(d)

Expressly requires the property owner(s) to occupy one of the dwelling units on the lot as the property owner(s)' principal residence. This provision does not apply to dwelling units on parcels created pursuant to an SB 9 urban lot split.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a)

Housing Development. Primary dwelling units developed under Government Code Section 65852.21 are subject to the following objective standards or the objective standards in the underlying zone, whichever is less restrictive:

(1)

The front setback, side yard setback, rear yard setback and secondary front setback shall be those established by the zoning district in which the property is located pursuant to Chapter 6-7 of the Lafayette Municipal Code. If one or more of those setbacks would preclude construction of two units of 800 square feet each, then the city will relax one or more setbacks to allow two units of 800 square feet each. At no time shall the side yard setback or rear yard setback be reduced to less than four feet for new construction.

Nonconforming setbacks shall be permitted to be maintained for an existing structure or structures constructed in the same location and to the same dimensions as an existing structure. Increased non-conforming setbacks are not permitted.

(2)

Building height shall not exceed 35 feet as defined in Section 6-313 and two and one-half stories. Where permitted, building height for accessory dwelling units shall not exceed applicable heights as specified in Article 3, Accessory Dwelling Units.

(3)

One off-street parking space per unit shall be provided, unless the parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code or there is a car share vehicle located within one block of the parcel. The parking space shall have minimum dimensions of at least ten feet by 20 feet, either covered or open, and shall not be located within the required setback or side yard

(4)

Import and off-haul shall be limited to a maximum of 200 cubic yards combined for grading outside the building footprint.

(5)

Retaining walls outside the building footprint shall not exceed four feet in height. Multiple four-feet walls are permissible if they are separated by a minimum of four feet. Walls shall be constructed of natural stone or concrete and/or masonry with a cultured stone or stucco finish with a light reflectance value not to exceed 50 percent. Cut and fills shall be balanced so that off-hauling is maintained under 200 cubic yards.

(6)

Grade changes outside a building footprint within the dripline of protected trees are prohibited. If required to comply with state law, building footprints within the dripline of protected trees shall be drilled pier construction.

(7)

Building footprints shall not encroach in creek setbacks as calculated using the formula in Section 6-1841 LMC.

(8)

No protected tree shall be removed. If a protected tree must be removed in order to comply with state law, the applicant shall replace the removed tree pursuant to the tree mitigation calculations in Chapter 6-17, Tree Protection.

(9)

Driveways shall be constructed with permeable pavers where slope is under five percent. Impermeable paving is permissible where the driveway is over five percent slope.

(10)

Patios and walkways shall be constructed with permeable pavers, decomposed granite or other permeable materials and applicant shall provide a permeability certificate. Impermeable surfaces adjacent to pools shall be limited to a ten-feet radius outboard.

(11)

A stormwater control plan on a form established by the Contra Costa Clean Water Program shall be completed for each project demonstrating compliance by the Municipal Regional Water Quality Permit 3.0 established by the California Clean Water Act and the National Pollutant Discharge Elimination System (NPDES).

(12)

Detention basins for regulating stormwater shall not be constructed within ten feet of downhill adjoining properties.

(13)

Windows facing side property lines shall have a five-feet minimum sill height, except as otherwise required by fire code. This requirement does not apply to ground floor windows.

(14)

Compressors, pumps and HVAC equipment shall not be located between the front of residence and the front property line or secondary frontage and shall not be located within ten feet of a side or rear property line.

(15)

Applicant shall comply with the city's water efficient landscape ordinance (WELO) (LMC 6-24.5).

(16)

Each dwelling unit must demonstrate legal access meeting current fire district standards which shall be demonstrated by a sign off from the fire district prior to application submittal.

(17)

Utilities shall be installed underground in accordance with applicable underground utility ordinances and with the rules and regulations of the state Public Utilities Commission (6-2053).

(18)

Electric, gas and water utilities shall be separately metered for energy conservation purposes except for ADUs under 800 square feet and shall be subject to grading requirements of this section unless superseded by state standards.

(b)

Hillside Development. For properties located in the mapped Hillside Overlay District (HOD), primary dwelling units developed under Government Code Section 65852.21 are subject to the following objective standards or the objective standards in the underlying zone, whichever is less restrictive in addition to those listed above in Section 6-3812(1)(a)—(q).

(1)

No portion of a structure may be erected within a mapped ridgeline setback as shown on the Lafayette Area Ridge Map (LARM).

(2)

Specifically, no development may take place within 400 feet (measured in plan view) of a Class 1 ridgeline; no development may take place within 250 feet (measured in plan view) of a Class II ridgeline and no portion of a structure may be erected within 250 feet of a class Ill ridge that is higher than a horizontal plane that intercepts the ridgeline. The horizontal plane shall be at the nearest point of the structure to the ridgeline and perpendicular to the ridgeline or have an arc of 90 degrees from the endpoint of the ridgeline.

(3)

Each structure in the hillside overlay district shall not be visible when viewed from lower elevations using the adopted viewing evaluation map showing the streets/locations from which views are considered. If a structure permitted under state law is visible, the applicant shall plant and maintain a minimum of one 15-gallon tree along each five linear feet of visible structure to screen the structure. The trees shall be of a species listed in Chapter 6-17, Tree Protection. Trees for this purpose shall be planted on the side of the residence that is visible and the exterior colors of the residence must have a light reflectance value below 50.

(4)

Buildings shall be designed to have their longest dimensions parallel the natural contours.

(5)

Beyond 30 feet from a house any new tree species planted shall be one of the species listed in Chapter 6-17, Tree Protection.

(6)

Grading located outside a building footprint shall be limited to an aggregate maximum of cut and fill of 200 cubic yards.

(7)

No portion of a lot which has a ground slope in excess of 35 percent may be altered by grading.

(c)

Urban Lot Split.

(1)

Size. Each new parcel shall be a minimum of 1,200 square feet in area.

(2)

Number. Each parcel shall not be split into more than two parcels.

(3)

Fire Safety. Each new parcel must demonstrate legal access meeting current fire district standards which shall be demonstrated by a sign off from the Fire District prior to application submittal.

(4)

Depth. Minimum lot depth requirements shall be that established by zoning district in which the parcel is located.

(5)

Width. Average lot width requirements shall be that established by zoning district in which the parcel is located.

(6)

Slope. Each lot in the hillside overlay district will have a naturally contoured (not manmade) building site of 30 percent slope or less. All construction on each building site shall take place within the designated 30 percent slope area with the exception of:

(A)

An access road or driveway (not parking area) that does not require grading;

(B)

An ancillary structure, such as a deck supported by posts or cantilevered, and where the natural grade is undisturbed.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)