(A) Purpose. The purpose of the Innovative Housing (IH) Overlay District is to regulate and encourage affordable housing production in new and novel ways, including expanding where residential development is permitted and the forms it may take. The IH Overlay applies to sites currently developed with religious assembly uses with unused or underutilized land. In compliance with Cal. Gov’t Code § 65583(c)(7), the IH Overlay District also facilitates the development of accessory dwelling units that can be offered at affordable rent.
(B) Definitions. As used in this section, terms are defined as follows:
ACCESSORY DWELLING UNIT or ADU. A residential dwelling unit that provides complete independent living facilities for one or more persons. An ACCESSORY DWELLING UNIT also includes the following:
(a) An efficiency unit, as defined by Cal. Health and Safety Code § 17958.1; and
(b) A manufactured home, as defined by Cal. Health and Safety Code § 18007.
AFFORDABLE HOUSING. Rental housing that is restricted by recorded document to provide the housing at an affordable rent, as defined in Cal. Health and Safety Code § 50053.
ASSUMED HOUSEHOLD SIZE. Generally, a household of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter. However, the assumed household size is subject to the requirements of different funding sources and may differ accordingly.
COTTAGE. A small detached residential structure. A COTTAGE may be one detached accessory dwelling unit or two accessory dwelling units attached to one another (i.e., creating a duplex or two-family dwelling).
COTTAGE COMMUNITY. A cluster of no fewer than three cottages (which can range from three units if each cottage is a single ADU to six units if each cottage is a two-family dwelling) that interact together as a small community and are designed with a coherent concept. COTTAGE COMMUNITIES are their own category of residential facilities and are not considered single-family or multiple-family dwellings. An existing or proposed single-family or multiple-family dwelling is not required in order to develop a cottage community.
PUBLIC TRANSIT. Either a high-quality transit corridor as defined in Cal. Public Resources Code § 21155(b), or a major transit stop as defined in Cal. Public Resources Code § 21064.3.
RELIGIOUS ASSEMBLY USE. Land or premises to gather together for common religious proposes, including worship, religious study, and related religious, philanthropic, or social activities. Churches, chapels, mosques, synagogues, and temples, are examples of properties developed with religious assembly uses.
SITE DEVELOPMENT AREA. The portion of a parcel identified for housing development, including the associated setbacks, usable open space, and onsite parking and circulation. For example, a religious institution may own a two-acre site and plan to develop only half the site, making the site development area one acre.
(C) (1) Review process. Sites shown within the IH Overlay District on the Antioch Zoning Map are qualified by-right for development of cottage communities and can submit an application to the Planning Department for ministerial review. For sites outside of the IH Overlay District, a rezone of the site to be included in the IH Overlay District is required with approval from City Council prior to submitting an application to the Planning Division.
(2) Sites within the IH Overlay District may be developed pursuant to their underlying zoning instead of the IH Overlay District regulations. In this case, development shall be regulated and approved according to the underlying zoning district regulations and its associated standards, such as the multi-family residential objective design standards.
(D) Affordability. Consistent with Cal. Gov’t Code §§ 65583(c)(7) and 65852.2(g), the IH Overlay District goes beyond the statutory minimum to further the creation of ADUs offered at affordable rate. Housing development in the IH Overlay District is subject to the following affordability requirements:
(1) One hundred percent (100%) of the development project’s total units, exclusive of a manager’s unit or units, are for lower income households, except that up to 20% of the total units in the development may be for moderate-income households and up to 5% of the total units in the development may be for staff of the religious institution on site. Calculations resulting in fractional units may be rounded to the next whole number.
(2) (a) All affordable units shall be subject to a recorded deed restriction of 20 years, unless a local ordinance or the terms of a federal, state, or local grant, tax credit, or other project financing requires, as a condition of the development of residential units, that the development include a certain percentage of units that are affordable to, and occupied by, low-income, lower income, very low income, or extremely low income households for a term that exceeds 20 years.
(b) This requirement does not apply to any manger’s unit or units or any unit or units reserved for staff of the on-site religious institution.
(E) (1) Density. Cottage communities shall contain a minimum of three cottages on a site. The density of a cottage community shall not exceed 15 dwelling units per acre, where the site development area is used to calculate the site acreage and each ADU counts as one unit. A cottage community with a density greater than 15 dwelling units per acre requires the approval of a use permit.
(2) ADUs may be attached to one another in sets of two; no more than two units shall be contained within one building footprint. There is no limit on the total number of attached structures (e.g., duplexes) in one cottage community, subject to the density requirements of division (E).
(F) Development standards. Cottage communities are not subject to the multi-family design standards and shall comply with the standards below.
(1) Building footprint. All units shall be self-contained and include their own kitchen and bathroom facilities. No unit shall be smaller than 150 square feet and no greater than 1,200 square feet; a cottage with two attached units must then be at least 300 square feet and no more than 2,400 square feet. The building footprint shall be measured by calculating the total square foot area of a building that covers a portion of a lot, when viewed directly from above, except for the following structures or parts of structures:
(a) Any part of the structure without a roof.
(b) Roof eaves.
(c) Carports, porches, and balconies that are open at least 50% of their respective perimeter.
(d) Detached garages or sheds.
(2) (a) Height. Cottages shall have a maximum height of 18 feet and no structure shall exceed two stories.
(b) Exception. Where the ridge of a roof is pitched with at least a slope of six to 12, the maximum roof height may extend up to 25 feet. All parts of the roof above 18 feet must be pitched.
(3) (a) Cottage orientation. Cottages shall generally be oriented towards common open space, with at least 50% of cottages abutting common open space.
(b) Exception. This standard may be reduced to 40% of cottages abutting common open space for cottage communities that include at least 15% of units, exclusive of a manger unit or units, for extremely or very low income households.
(4) Usable open space.
(a) 1. Common open space open to all residents shall be provided and maintained for cottage communities as follows:
Total Number of Units | Amount of Common Open Space Per Unit |
3 - 9 | 100 square feet per dwelling unit if all cottages are separated by at least 10 feet. 150 square feet per dwelling unit if any of the cottages are separated by less than 10 feet.A |
10 - 20 | 200 square feet per dwelling unit, of which up to 60 square feet may be private open space. |
More than 20 | 250 square feet per dwelling unit, of which up to 70 square feet may be private open space. |
A. Duplexes separated from other duplexes (or ADUs) by 10 feet may utilize the 100 square foot/unit requirement. | |
2. Exception. Sites that are within one-half mile walking distance of a public park are not required to provide common open space if there is unobstructed access to the park from the development.
(b) Cottage communities that include ten or more units shall be required to include and maintain at least one of the following features in the required common open space:
1. Children’s play area with play equipment (not an option for senior housing developments).
2. Community garden.
3. Dog park.
4. Sports court.
5. Barbeque/grill area or fire pit.
6. Outdoor seating area with gazebo, arbor, or similar shade structure.
(c) Usable open space shall include a mix of landscaping and greenery, including but not limited to trees, shrubs, gardens, and green spaces. Off-street parking and loading areas, driveways, and service areas shall not be counted as usable open space. Pedestrian and bicycles paths or trails may not be counted as usable open space.
(d) On-site recreational facilities for the religious assembly use may count towards open space requirements for the cottage community if a written agreement is provided that allows shared use of the facilities between the cottage community and religious institution.
(5) Setbacks.
(a) When the development site area is adjacent to a property line, the following standards apply:
1. Minimum front yard setback of 15 feet on arterial and collector streets and ten feet on local streets.
2. Minimum interior side yard setback of five feet.
3. Minimum street side yard setbacks (for corner lots) of 15 feet on arterial and collector streets and ten feet on local streets.
4. Minimum rear yard setback of ten feet.
5. Front and street side setbacks shall be reserved for landscaping only, excluding access and egress driveways.
(b) When the development site area is internal to the religious assembly use and not adjacent to a property line, there are no setback requirements.
(6) Building separation. Cottages shall be separated from other cottages by at least five feet. The minimum distance between all other structures shall be in accordance with fire and building code requirements.
(7) Architectural standards. Cottage communities shall have a cohesive architectural theme across all cottages. This could be conveyed through consistent buildings materials and colors; consistent roof pitch wherein each cottage’s roof pitch is within ten degrees of all adjacent cottages; horizontal articulation such as siding, cladding, and floor separation that is parallel across cottages; and/or consistent window proportions and window spacing dimensions.
(8) (a) Community buildings. Cottage communities may include community buildings for the shared use of residents that provide space for accessory uses and/or supportive services, such as community centers, case manager offices, and childcare centers for the residents.
(b) Parking shall be provided for employees of community buildings at a rate of at least one space per employee on the largest shift, or according to the rates in Table 9-5.17031.1, whichever is less.
(9) Pedestrian connectivity. A hard- surfaced, all-weather (e.g., concrete, asphalt, pavers) pedestrian path of at least four feet wide must be provided that connects the main entrance of each cottage to the following:
(a) Any common usable open space or recreational facilities on site or to any public park facilities located on an adjacent lot.
(b) The parking area that serves it.
(c) Community buildings.
(d) Sidewalks and public rights-of-way (including pathways or trails) abutting the site.
(10) (a) Waste and recycling. Cottage communities must subscribe to the city’s three- container collections services for trash, recyclable materials, and organics and comply with all requirements of § 9-5.1401.
(b) Exception. Cottage communities may share an existing trash enclosure with the on-site religious institution if the existing trash enclosure has enough capacity to meet the additional demand from the cottage communities per state and local regulations.
(11) Nonconforming cottage communities and discretionary approval. Any proposed cottage community that does not conform to the objective standards set forth in division (F) may be allowed by the city with a conditional use permit.
(G) Fire protection. Cottage communities must meet fire code requirements and fire sprinklers are required in cottages when required by building code.
(H) Rental term. No unit in a cottage community may be rented for a term that is shorter than 30 days.
(J) Nonconformity of existing use. The development of affordable housing pursuant to this section shall not require the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the new residential development.
(K) Impact fees. Cottage communities are subject to the impact fee provisions of § 9-3.60 and no impact fee is required for a unit that is less than 750 square feet in size. Units that are 750 square feet or larger in size shall be charged proportionately in relation to a 1,940-square foot single-family home, which is the average size of a detached, single-family home in Antioch (e.g., the floor area of the cottage, divided by 1,940 square feet, times the typical fee amount charged for a new dwelling).
(L) Fair housing. Housing built in the IH Overlay is required to comply with all applicable state and federal fair housing requirements, including the California Fair Employment and Housing Act, Unruh Civil Rights Acts, and federal Fair Housing Act. This includes but is not limited to religion-based discrimination.
(Ord. 2235-C-S, passed 11-28-2023)