a.    Purpose and Intent. The purpose of the AL District is to provide an area for agricultural uses and to permit rural development and agricultural uses that are compatible with nearby single family and multiple family residential zoning. Intense agricultural uses which create strong, obnoxious odors, or which might disturb adjacent or nearby residential areas with intense noise or vibration are not appropriate for the AL Agricultural District.

b.    Permitted Uses. The following uses are permitted in a single family residential district:

1.    All types of limited agriculture, general farming including crops and tree-farming, [excluding raising or keeping any animals other than ordinary household pets (i.e. non-livestock)], horticulture, floriculture, nurseries and greenhouses, and mushroom rooms;

2.    A detached single family dwelling on each parcel and the accessory structures and uses normally auxiliary to it (0.1 to 1.0 dwelling unit per gross acre);

3.    Second Dwelling Units, per Section 9.1.1102;

4.    Home Based Businesses, per Section 9.1.1120;

5.    Large Family Child Care Homes, per Section 9.1.1121;

6.    Small family day care;

7.    Publicly owned parks and playgrounds;

8.    Small farming, including the raising of fowl (i.e. chickens, ducks, geese, turkeys, or pheasants raised primarily for home consumption), apiaries, aviaries (i.e. wild or domesticated pigeons and other birds raised primarily for sporting purposes), small animals (i.e. chinchillas, hamsters, rabbits), and other grain-fed rodents shall be allowed only under the following conditions:

a.    Twenty (20) of any one or combination of such fowl, pigeons, small animals, or other grain fed rodents shall be permitted on a site of no less than one acre (43,560 sq. ft.);

b.    No structure housing fowl, pigeons, small animals, or other grain-fed rodents shall be closer than 25 feet to a habitable dwelling unit, church, or school, nor shall such small animal housing be closer than 50 feet from the property line adjacent to any residential district;

c.    All enclosures shall be of sound construction, maintained in a clean and hygienic manner and shall not be permitted to create offensive odors or allow the propagation of flies and other insects;

d.    All feed shall be stored in containers which protect against rodents and insects;

e.    All small farming activities shall be conducted in a manner which shall not create a public nuisance to adjacent residential uses.

9.    Horses and livestock shall be allowed only under the following conditions, and may require additional conditions as deemed appropriate by the Planning Commission:

i.    Horses and livestock permitted in this zoning district are limited to a maximum of one (1) animal on a minimum parcel of one-half (½) acre and one (1) animal for each additional 10,000 square feet on a parcel greater than one-half (½) acre;

ii.    Permanent commercial livestock auction activities are not permitted within this zoning district; private auctions are permitted bi-annually with a temporary use permit (See 4-B-1.3 (B));

iii.    All stables and livestock facilities shall be kept in a hygienic manner and shall not be permitted to create offensive odors or allow the propagation of flies and other insects;

iv.    No horses or livestock shall be permitted to become a public nuisance to adjacent residential uses;

10.    Transitional housing;

11.    Supportive housing.

c.    Uses Requiring a Conditional Use Permit. In the AL district, the following uses are permitted on the issuance of a conditional use permit:

1.    Commercial recreational facilities when the principal use is not in a building;

2.    A second single family dwelling (not a second dwelling unit per Section 9.1.1102);

3.    Dog kennels shall be allowed only under the following conditions, and may require additional conditions as deemed appropriate by the Planning Commission:

a.    All facilities shall be kept in a hygienic manner and shall not be permitted to create offensive odors or allow the propagation of flies and other insects;

b.    No dog kennel shall be permitted to become a public nuisance to adjacent residential uses.

4.    Dude ranches, riding academies and stables shall be allowed only under the following conditions, and may require additional conditions as deemed appropriate by the Planning Commission:

i.    One (1) horse allowed per parcel, with additional horses allowed on lots greater than one-half acre at the following rate – one additional animal per 10,000 square feet in excess of one-half acre.

ii.    No stable shall be located closer than 50 ft. to any habitable dwelling unit on the site, or closer than 100 feet to the property line adjacent to any residential district;

iii.    All facilities shall be kept in a hygienic manner and shall not be permitted to create offensive odors or allow the propagation of flies and other insects;

iv.    All feed shall be stored in containers that protect against rodents and insects;

v.    No dude ranch, riding academy, or stable shall be permitted to become a public nuisance to adjacent residential uses.

5.    Publicly owned buildings and structures;

6.    Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices;

7.    Merchandising of agricultural supplies and services incidental to an agricultural use;

8.    A stand for the sale of agricultural products grown on the premises;

9.    Wineries, tasting rooms, and processing of agricultural products.

d.    Uses Requiring a Temporary Use Permit. In the AL District, the following uses are permitted on the issuance of a Temporary Use Permit in accordance with Chapter 10:

1.    Temporary livestock auctions shall be allowed under the following conditions, and require the approval of a Temporary Use Permit subject to additional conditions as deemed appropriate by the Planning Commission:

a.    Livestock auctions shall be conducted by private parties, and shall not be associated with a commercial operation;

b.    Temporary auctions shall be held no more than two (2) times per year; and

c.    A maximum total of ten (10) livestock shall be auctioned at any one bi-annual event.

2.    Temporary raising of up to three (3) additional livestock for educational (i.e. 4-H, FFA) purposes for up to four (4) months on a parcel at least one-half acre subject to the following conditions, in addition to any others deemed appropriate by the Planning Commission:

i.    The subject property must have adequate facilities for the additional livestock during the four-month period;

ii.    All livestock facilities must be kept in a hygienic manner and shall not be permitted to create offensive odors or allow the propagation of flies and other insects;

iii.    If any of the conditions of the Temporary Use Permit are violated or the keeping of subject livestock becomes a nuisance to adjacent properties, the subject TUP is revocable.

e.    Lot Requirements.

Uses allowable under subsection (b) and (c) of this section are allowed only on lots which equal or exceed all of the following:

f.    Yard Requirements.

An accessory building or accessory use may occupy not more than thirty percent (30%) of a required rear yard.

g.    Building Height.

h.    Other Regulations.

1.    Fencing. Residential fencing regulations shall comply with Section 9.1.1110.

(Sec. 3.1, Ordinance No. 12-25, adopted August 12, 2025; Sec. 2, Ordinance No. 13-07, amended July 9, 2007)

a.    Purpose and Intent. The purpose of the single-family residential district regulations is to allow a designated area for single-family residential district development designed to provide as much compatibility as possible with nearby zoning. Intense agricultural uses which create strong or obnoxious odors, or which might disturb adjacent or nearby residential areas with noise or vibration, are not appropriate for the single-family residential zoning districts. The City of Oakley Residential Design Guidelines (see Appendix A of this chapter) should also be referred to as they contain additional information regarding mandatory and suggested guidelines for residentially zoned areas.

b.    Permitted Uses. The following uses are permitted in a single-family residential district:

1)    A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it;

2)    Second dwelling units, per Section 9.1.1102;

3)    Home-based businesses, per Section 9.1.1120;

4)    Large family child care homes, per Section 9.1.1121;

5)    Small family day care;

6)    Transitional housing;

7)    Supportive housing;

8)    Residential care facilities serving six or fewer persons;

9)    Horticulture;

10)    Publicly owned parks and playgrounds;

11)    Household pets as follows:

a)    No more than three dogs over six months of age and no more than five cats over six months of age, in accordance with Chapter 4.17 of the Oakley Municipal Code (Animal Control);

b)    No more than three chickens and three rabbits;

c)    Roosters shall be prohibited in all residential districts;

d)    Structures housing household pets in R-6, R-7, R-10, R-12 or R-15 residential districts shall be subject to the guidelines provided in Article 18 of this chapter (Accessory Structures);

12)    Small farming, including the raising of fowl (i.e., chickens, ducks, geese, turkeys, or pheasants raised primarily for home consumption) and small animals (i.e., rabbits), shall be allowed only under the following conditions, and may require additional conditions as deemed appropriate by the Planning Commission:

a)    Small farming activities shall be permitted only in the R-20 and R-40 residential districts;

b)    A maximum of ten (10) of any one or combination of such fowl or small animals shall be permitted on a site of twenty thousand (20,000) square feet or more;

c)    A maximum of twenty (20) of any one or combination of such fowl or small animals shall be permitted on a site of no less than one acre (forty-three thousand five hundred sixty (43,560) square feet);

d)    No structure housing fowl or small animals shall be closer than twenty-five (25) feet to a habitable dwelling unit, or school, nor shall such small animal housing be closer than fifty (50) feet from the property line;

e)    Fowl and small animal enclosures shall be of sound construction, maintained in a clean and hygienic manner and shall not be permitted to create offensive odors or allow the propagation of flies and other insects;

f)    Fowl and small animal feed shall be stored in containers that protect against rodents and insects;

g)    All small farming activities shall be conducted in a manner that shall not create a public nuisance to adjacent uses;

13)    Horses shall be allowed only under the following conditions, and may require additional conditions as deemed appropriate by the Planning Commission:

a)    Horses shall be permitted only in the R-40 residential district;

b)    Horses permitted in this zoning district are limited to a maximum of one horse on a minimum parcel of twenty thousand (20,000) square feet and one additional horse for each additional ten thousand (10,000) square feet on a parcel greater than twenty thousand (20,000) square feet;

c)    All stables and equestrian facilities shall be kept in a hygienic manner and shall not be permitted to create offensive odors or allow the propagation of flies and other insects;

d)    No horses shall be permitted to become a public nuisance to adjacent residential uses;

14)    Bees shall be allowed only under the following conditions:

a)    Definitions.

(1)    "Bee" shall mean any stage of the common domestic honey bee, Apis mellifera species;

(2)    "Hive" shall mean a structure for the housing of a bee colony;

(3)    "Requeen" means to replace the queen bee in a colony with a younger and more productive queen, a common practice in beekeeping to prevent bee swarming.

b)    General Requirements.

(1)    Hives may only be maintained in the single-family or agricultural districts, not in multi-family or mobile home districts;

(2)    No more than two hives may be maintained on any single-family residential lot;

(3)    All bee colonies shall be kept in inspectable hives consisting of movable frames and combs;

(4)    Hives must be kept in sound and usable condition at all times.

c)    Hive Placement Requirements.

(1)    Hives shall be located at least twenty-five (25) feet from all property lines or be screened by a barrier as described below, or one hundred (100) feet from any licensed large day care facility.

(2)    Hives shall be screened so that bees must fly over a six-foot barrier, which may be vegetative, before leaving the property; if placed above a barrier, hives shall be placed at least twenty (20) feet from the front property line, fifteen (15) feet from the rear property line, and at least five feet from side property lines.

d)    Hive Management Requirements.

(1)    Hives shall be continually managed to provide adequate living space for the resident bees to prevent swarming.

(2)    Hives shall be requeened as necessary but at least every three years to prevent swarming.

(3)    A water source for bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property. The water source shall not be allowed to become stagnant in a manner that would propagate mosquitos.

(4)    Hive maintenance materials or equipment must be stored in a sealed container or placed within a building or other bee-proof enclosure.

15)    Residential care facilities for more than six persons pursuant to Section 9.1.1228.

c.    Uses Requiring a Conditional Use Permit. The following uses are permitted upon the issuance of a conditional use permit:

1)    Assembly uses;

2)    Commercial radio and television receiving and transmitting facilities other than broadcasting studios and business offices;

3)    Community buildings, clubs and activities of a quasi-public, social, fraternal or recreational character, such as golf, tennis and swimming clubs, and veterans and fraternal organizations;

4)    Day care centers;

5)    Hospitals, eleemosynary and philanthropic institutions, and convalescent homes;

6)    Public, parochial, and private schools including nursery schools;

7)    Publicly owned buildings and structures (except that accessory and appurtenant structures forming a part of public utilities, publicly owned utilities and pipelines are not regulated by this chapter);

8)    Wineries, tasting rooms, and processing of agricultural products in the R-20 and R-40 residential districts and in the other R districts when a lot is a minimum twenty thousand (20,000) square feet in size and contains an existing vineyard at the time of application.

d.    Uses Requiring a Temporary Use Permit. Temporary uses in the R districts are subject to the regulations set forth in Section 9.1.1606.

e.    Lot Requirements. Single-family dwellings or other structures permitted under this section may not be erected or placed on a lot with less than the following minimum requirements:

f.    Yard Requirements.

1)    The following minimum requirements apply to front yard, rear yard, side yard, and corner side yard setbacks:

2)    The minimum aggregate setback between adjacent two-story elements on separate lots shall be fifteen (15) feet.

3)    Mechanical Equipment in Yard Setbacks. Ground-mounted mechanical equipment shall be screened from view with adequate landscaping or fencing and provide a minimum three feet of horizontal clearance on at least one side.

4)    Accessory structure setbacks are subject to Article 18 of this chapter (Accessory Structures).

5)    Accessory Structures in Rear Yards. An accessory structure, or combination of more than one accessory structure, may occupy not more than fifty percent (50%) of a required rear yard.

6)    In addition to the above minimum requirements, additional setback provisions, including but not limited to the provision for providing larger side yard setbacks adjacent to the garage to provide room for side-yard RV and boat parking, are included in the City of Oakley Residential Design Guidelines.

g.    Building Height.

h.    Other Regulations.

1)    All new development shall be consistent with the City of Oakley Residential Design Guidelines (See Appendix A to this Zoning Code).

2)    Garage/Driveway Configurations. See Section 3 of the Residential Design Guidelines.

a)    Driveways shall be a minimum of twenty-five (25) feet in length as measured from the garage door to the back of sidewalk, notwithstanding the location of the front property line.

b)    The interior of two-car garages shall be a minimum of eighteen (18) feet wide by nineteen (19) feet deep, and the interior of three-car garages shall be a minimum of twenty-seven (27) feet wide by nineteen (19) feet deep, as measured from the interior of the walls. Space dedicated for opening of residential doors or placement of household appliances shall not encroach into the required interior measurements.

c)    For a three-car garage with tandem parking, the interior shall be a minimum nineteen (19) feet wide with a minimum nineteen (19) foot depth for one space and thirty-eight (38) foot depth for the tandem spaces. Space dedicated for opening of residential doors or placement of household appliances shall not encroach into the required interior measurements.

3)    Garage Conversions. The conversion of a garage to living space or other residential use is allowed if:

a)    Off-street parking requirements of this title are satisfied; see Section 9.1.1402;

b)    The existing garage door is removed and replaced with walls, windows, doors and other suitable materials and the converted space is architecturally compatible in color, material and style with the existing structure; and

c)    The curb is replaced, the driveway is removed and landscaping is done so that the converted space no longer resembles a garage. However, this requirement shall not result in an insufficiency of off-street parking.

4)    Fencing. Residential fencing regulations shall comply with Section 9.1.1110.

5)    Garage/Yard Sales. Garage/yard sales are permitted with the following limitations:

a)    Three sales per calendar year at the same address;

b)    Not to exceed three calendar days per event; and

c)    Operating during daylight hours only.

(Secs. 3.5(a) and 3.5(b), Ordinance 12-25, adopted August 12, 2025; Sec. 3, Ordinance No. 10-24, adopted August 13, 2024; Sec. 3, Ordinance No. 07-17, adopted May 23, 2017; Sec. 2(B), Ordinance No. 02-16, adopted January 12, 2016; Sec. 2(A), Ordinance No. 01-16, adopted January 12, 2016; Sec. 3, Ordinance No. 08-15, adopted July 14, 2015; Sec. 1, Ordinance No. 08-14, adopted July 8, 2014; Sec. 2, Ordinance No. 06-12, adopted June 26, 2012; Sec. 1, Ordinance No. 06-11, adopted April 26, 2011; Secs. 2 and 3, Ordinance No. 14-10, adopted September 14, 2010)

a.    Purpose and Intent. The purpose of the Multiple Family Residential District is to allow a designated area for multiple family residential district development designed to provide as much compatibility as possible with nearby single-family residential zoning. The City of Oakley Multifamily Residential Design Guidelines (pending 12/2005) should be referred to as they contain additional information regarding mandatory and suggestive guidelines for multiple family residentially zoned areas.

b.    Permitted Uses. Uses permitted in the M-9, M-12, and M-17 districts shall be as follows:

1.    A detached single-family dwelling on each lot and the accessory structures normally auxiliary to it;

2.    Accessory dwelling unit per Section 9.1.1102;

3.    Duplex;

4.    Multiple-family buildings, but not including motels or hotels;

5.    Motor court and greenway cluster housing (small lot detached housing with garages accessed off a motor court or alley);

6.    Home-based businesses, per Section 9.1.1120;

7.    Residential care facilities serving six or fewer persons;

8.    Supportive housing;

9.    Transitional housing;

10.    One hundred percent (100%) affordable housing developments with supportive housing units;

11.    Residential care facilities for more than six persons pursuant to Section 9.1.1228.

c.    Uses Requiring a Conditional Use Permit. In the M-9, M-12, and M-17 districts, the following uses are permitted on the issuance of a conditional use permit:

1.    Hospitals, eleemosynary and philanthropic institutions, convalescent homes, and boarding homes;

2.    Assembly uses;

3.    Community buildings, clubs and activities of a quasi-public, social, fraternal, or recreational character, such as golf, tennis, and swimming clubs; veterans and fraternal organizations not organized for monetary profit;

4.    Day care centers;

5.    Public, parochial, and private schools, including nursery schools;

6.    Publicly owned buildings and structures, except as provided in Chapters 1, 2, and 9;

7.    Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices;

8.    Transitional shelters and homeless shelters consistent with Section 65008 of the Government Code.

d.    Uses Requiring a Temporary Use Permit.

None

e.    Lot Requirements.

1.    Area, Depth, and Width. No building or other structure permitted in the M-9, M-12, and M-17 districts shall be erected or placed on a lot containing less than the following land area:

2.    Coverage and unit density. No building or structure permitted in the multiple family districts shall cover more than the lot area percentages listed in the following table.

f.    Yard Requirements.

i.)    Accessory uses in rear yards. An accessory building or accessory use may occupy not more than thirty percent (30%) of a required rear yard;

ii.)    Rear yard abutting on a side yard. In all multiple family residential districts, there shall be a rear yard of not less than five feet (5’) wherever the rear yard of a lot or parcel of land abuts on a side yard; and

iii.)    Exception. Development pursuant to any multiple family residential district site plan approved prior to adopting this Ordinance, shall be governed by the yard requirements applicable when the site plan was approved and shall not be subject to the requirements of this subsection.

g.    Building Height.

h.    Other Regulations.

i.)    All new development shall be consistent with the City of Oakley Multifamily Residential Design Guidelines (pending 12/2005).

ii.)    Open area requirements. Twenty-five percent (25%) of the area described by the development plan submitted pursuant to subsection 4-A-3.7C shall not be occupied by buildings, structures, or pavement, but shall be landscaped. Twenty-five percent (25%) (open area) shall be planted and maintained with growing plants.

iii.)    Building relationship requirements. Each building or structure shall be located at least ten feet (10’) from other buildings or structures, except that garages and covered walkways between buildings or structures may be permitted within this ten-foot (10’) distance. A covered walkway shall not be more than ten feet (10’) wide and no more than fifty percent (50%) of the sides of the structures shall be enclosed with any material other than that necessary for roof supports.

iv.)    Refuse and recycling. An area adequate in size and appropriately screened shall be permitted for refuse and recycling containers;

(Secs. 3.4(b), 3.5(c) and 3.5(d), Ordinance No. 12-25, adopted August 12, 2025; Sec. 2(A), Ordinance No. 01-17, adopted February 14, 2017; Sec. 2(C), Ordinance No. 02-16, adopted January 12, 2016; Sec. 2(B), Ordinance No. 01-16, adopted January 12, 2016)

a.    Purpose and Intent. The purpose of the MH District is to accommodate mobile home parks as a form of affordable and accessible housing. These regulations are applicable to mobile homes in an established mobile home park.

b.    Permitted Uses. Uses permitted in the MH district shall be as follows:

1.    Mobile homes located within approved mobile home parks;

2.    Mobile homes shall be permitted to be used as management offices at approved mobile home parks;

3.    Home based businesses;

4.    Only those structures and accessory buildings permitted by the rules and regulations of the State Department of Housing and Community Development shall be permitted in a mobile home park and shall be located as therein provided.

c.    Uses Requiring a Conditional Use Permit. In the MH district, the following uses are permitted on the issuance of a conditional use permit:

1.    Mobile home parks.

i.    Enforcement. The enforcement agency is the State Department of Housing and Community Development, Division of Building and Housing Standards. Prior to any construction on a mobile home park, plans and specifications shall be submitted and approved by the enforcement agency.

d.    Uses Requiring a Temporary Use Permit.

None

e.    Lot Requirements. Area, Width, and Depth. All mobile home parks shall have clearly designated sites for each mobile home with the following minimum requirements.

f.    Yard Requirements.

g.    Building Height.

h.    Other Regulations.

i.    Not more than one sign shall be erected at any entrance to the park. Signs shall not exceed fifty square feet for all readable surfaces, nor exceed ten feet in height. Sign designs shall be submitted with the application for a conditional use permit.

ii.    Mobile Home Park Density; Minimum Area Required. A Mobile home park shall have a minimum area of 5 or more acres with a maximum of 7 Mobile home sites permitted per acre within a mobile home park.

iii.    Mobile Home Park Lighting. Off-street lighting shall be installed as in a residential subdivision and shall be approved by the City Engineer.

iv.    Mobile Home Park Fire Hydrants. Fire hydrants and other fire protection shall be provided in the park as required by the East Contra Costa Fire Protection District or the provider of fire protection services within the City in conformance with existing City ordinances or Section 5622, Article 6, Title 25 of the California Administrative Code, whichever is more restrictive.

v.    Mobile Home Park Recreation Areas. Recreation areas are required and shall conform to the following regulations:

1.    In all parks, there shall be at least one or more outdoor recreation areas easily accessible to all park residents and available for year-around recreational use.

2.    A minimum of four hundred (400) square feet of park recreation area shall be provided per mobile home site in the mobile home park.

3.    Recreation areas shall be centrally located and free of traffic hazards.

vi.    Mobile Home Park Perimeter Fence. A six-foot high masonry perimeter wall shall be established and maintained. Wood fencing is not permitted. This fence shall enclose the entire mobile home park (excluding access points) and shall meet all setback requirements as described in the Oakley Fence Ordinance No. 04-04.

vii.    Mobile Home Park Utilities. All utilities shall be underground except at those points where connections are made to mobile homes.

viii.    Mobile Home Park Amenities.

1.    Each mobile home park shall have a laundry building for clothes washing and drying.

2.    The park owner shall be responsible for collection and disposal of all trash and garbage. Provisions for garbage collection containers shall be shown on the site plan. Arrangements shall be made with the franchise holder for the City’s garbage and trash collection before the enforcement agency approves the park for occupancy.

a.)    Common outdoor garbage collection areas shall be enclosed within a solid six foot high masonry fence and shall be located so as not to cause a visual nuisance or traffic hazard.

ix.    Mobile Home Park; Mobile Home Renting. Renting of mobile home in a Mobile home park is prohibited unless the mobile home bears the insignia of the State Division of Building and Housing Standards and is licensed by the Division for this purpose.

x.    Mobile Home Parks and Mobile Homes; Regulation. The regulations set forth in this chapter shall be considered supplementary to the rules and regulations of the State Department of Housing and Community Development (Title 25, California Administrative Code, Chapter 5, "Mobilehome Parks Special Occupancy, Trailer Parks and Campgrounds").

xi.    Prior to any construction on a mobile home park, plans and specifications shall be submitted and approved by the State Department of Housing and Community Development.

xii.    Mobile Home Park; Off-Street Parking Requirements. (See Parking & Circulation, Section 9.1.1402 of this Code. or Article 14 of this chapter).

a.    Purpose and Intent. The Affordable Housing Overlay (AHO) District serves to implement the housing element goal of providing new housing and addressing affordable housing needs within the City of Oakley. The AHO can be applied to areas with commercial base zoning to allow for housing where it would not otherwise be allowed by the base zoning.

b.    Application. This section only applies to projects within the AHO District that elect to use the AHO District.

c.    Affordability Requirements.

1)    Developments electing to use the AHO shall include at least twenty percent (20%) affordable housing units, in some combination of the following income categories:

a)    Low income household: any household with an income level between fifty percent (50%) and eighty percent (80%) of the Contra Costa County median income as determined by the California Department of Housing and Community Development (HCD) and/or the Federal Department of Housing and Urban Development (HUD);

b)    Very low income household: any household with an income level between thirty percent (30%) and fifty percent (50%) of the Contra Costa County median income as determined by HCD or HUD; and/or

c)    Extremely low income household: any household within an income of thirty percent (30%) or less of the Contra Costa County median income as determined by HCD or HUD.

2)    Prior to the approval of the first building permit for any dwelling unit, the applicant shall execute an agreement with the City of Oakley and any other documents necessary to ensure the continued affordability of the affordable units for a fifty-five (55) year minimum time frame in a form acceptable to the City Council.

3)    If a development has both affordable and market rate units, then the affordable units shall be constructed at a rate consistent with the construction of market rate units and shall be mixed throughout the development. Project phasing must be done in a manner that is proportionate to the overall mix of affordability levels.

d.    Permitted Uses. The AHO allows for the development of owner-occupied and rental multifamily housing, which for the purposes of this section is defined as any residential development with three or more units on a single lot, within the AHO District. Residential developments that include at least twenty percent (20%) affordable housing shall be a use permitted by right, as defined in Government Code Section 65583.2(i).

e.    Development Standards. Where an applicant or developer elects to apply to utilize the AHO District over the underlying zoning, the development standards listed in Table 1 of this section, where applicable, shall apply.

f.    Development Incentives.

1)    The City shall provide a density bonus and additional incentive(s) for qualified housing developments in accordance with the State density bonus (Government Code Section 65915 and Section 9.1.412).

2)    The City will provide other funding or incentives to qualifying affordable housing projects, to meet the City Regional Housing Needs Allocation (RHNA) allocation, such as providing financial assistance or land write-downs when feasible, providing expedited processing, identifying grant, funding opportunities, and providing support to developers in seeking funding.

g.    Design Criteria. All proposed projects shall be consistent with the City of Oakley Multifamily Objective Design Standards (pending). The design standards will be enforced through review and approval by the Community Development Director (CDD), or his/her designee, in case of an administrative-level approval, or by the City Council in the event a conditional use permit is required.

(Sec. 3, Ordinance No. 10-25, adopted August 12, 2025; Sec. 2, Ordinance No. 15-16, adopted July 12, 2016; Sec. 2, Ordinance No. 12-10, adopted September 14, 2010)

a.    Purpose. The purpose of this section is to establish a program in accordance with California Government Code Section 65915 et seq., to provide both density increases and other incentives to encourage the creation of housing affordable to moderate-, low-, and very low-income households, seniors, and other qualifying households under State law.

b.    Applicability.

1)    General. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/wor concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as it may be amended from time to time.

2)    Compliance. The applicant shall comply with all requirements stated in California Government Code Sections 65915 through 65918. The requirements of California Government Code Sections 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this Code.

3)    Excluded Development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under California Government Code Section 65915.

4)    Interpretation. The provisions of this subsection (b) shall be interpreted to implement and be consistent with the requirements of California Government Code Section 65915. Any changes to California Government Code Section 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this article conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law.

5)    Replacement Housing Requirement. Pursuant to subdivision (c)(3) of California Government Code Section 65915, an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein.

c.    Density Increase and Other Incentives.

1)    General. If a qualifying affordable housing project or land transfer/cash payment meets the criteria of California Government Code Section 65915 et seq., the project shall be granted a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.

2)    Density Bonus Units. Except as otherwise required by California Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

3)    Market-rate senior citizen housing developments. Market-rate senior citizen housing developments that qualify for a density bonus shall not receive any other incentives or concessions, unless California Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

d.    Physical Constraints and Parking Waivers.

1)    Physical Constraints. Except as restricted by California Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:

a)    The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

b)    The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

c)    The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

d)    The waiver or reduction of the development standard would be contrary to State or Federal law.

2)    Parking. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with California Government Code Section 65915(p), as that section may be amended from time to time.

e.    Retention of Density Bonus Units. Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the City of Oakley and the applicant shall agree to an appropriate method of ensuring the continued availability of the density bonus units.

f.    Application Procedure for Density Increase or Other Incentives.

1)    Application Requirements. An application for a density increase or other incentives under this article for a housing development shall be submitted in writing to the Community Development Department to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this article, and in connection with the project for which the request is made, including, but not limited to, the following:

a)    A brief description of the proposed housing development;

b)    The total number of housing units and/or shared housing units (as defined in California Government Code Section 65915(o)(6)) proposed in the development project, including unit sizes and number of bedrooms;

c)    The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

d)    The total number of units to be made affordable to or reserved for sale, or rental to, very low-, low- or moderate-income households, or senior citizens, or other qualifying residents;

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

f)    A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout;

g)    The proposed method of ensuring the continued availability of the density bonus units;

h)    Within zones that rely on a form-based code, a base density study that identifies the density feasible on the site without incentives, concessions or density bonuses; and

i)    A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

g.    Application Processing. The application shall be considered by the Planning Commission and/or the City Council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made under this article shall be considered by the Community Development Director or designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.

(Sec. 3, Ordinance No. 08-23, adopted November 11, 2023)

Article 5    DISTRICT REGULATIONS: COMMERCIAL