Calabasas, Cal., Code of Ordinances ch. 17.22 § 17.22.025

A. Processing of Projects Seeking Entitlement under AHO.
1. Permits Required. Any project located within the AHO which includes affordable housing units and which qualifies for review and consideration in accordance with the provisions of the AHO, shall be reviewed and considered in accordance with the standards and procedures for the underlying zone and any other applicable overlay zone. Any such project shall require approval of a site plan review (per 17.62.020 of this title), and all other permits applicable to the project as required under Titles 15 and 17 of this Code.
2. Criteria for AHO project reviews. In reviewing and analyzing any project for which one or more AHO site development limits are requested in lieu of the corresponding standards specified for the underlying zoning district, staff and reviewing bodies shall confirm that the applicant has agreed to construct the project such that it meets the requirements of this section.
B. Applicable Development Standards. For a qualifying project on a property located in the AHO, the applicant may submit to the city a proposal which includes affordable housing units at a percentage consistent with the minimum required affordable housing percentages or ratios as specified by the AHO. The applicant may request review and approval of a qualifying project such that the project would benefit from any combination of the following more permissive site development limits: maximum allowable density, maximum allowable building height, maximum allowable floor area ratio, and minimum on-site open space (inclusive of private and community spaces). These AHO site development limits are specified in Table 3-8. The allowable development limits for qualifying AHO projects supersede the corresponding development standards established for the applicable underlying zoning district, with the exception of any requirement imposed by Section 17.16.030 . Except as required by Section 17.16.030 , in no case may the city apply any other development standard that would have the effect of precluding construction of a qualifying development project meeting the AHO criteria and the AHO site development limits permitted by this chapter, and consistent with the development standards applicable to the underlying zoning district.
Table 3-8: Multifamily and Mixed-use Affordable Housing Projects Site Development Limits
The site development limits below apply to multi-family housing projects and commercial mixed-use projects providing affordable housing units consistent with either the Inclusionary Housing requirements specified in CMC 17.22.020.A, or the Affordable Housing Overlay (AHO) zone, as articulated in CMC Sections 17.18.060 and 17.22.025 for properties within the AHO zone and where the owner/developer elects to apply the AHO. For projects in either category, the standards herein supersede the corresponding standards for the respective underlying zoning district (reference Table 2-5 and Table 2-6).
Zoning District(s) | Affordability Level | Min. % Affordable Units | Min-Max Allowable Density | Min. Open Space | Max. Allowable F.A.R. | Max. Allowable Height
Common | Private
Inclusionary Housing | RM | Very Low, or | 5% | 20--24 d.u./ac. | 400 s.f. per unit % | 75 s.f. per BR, up to 225 s.f. | 1.10 | 35'
RM | Low, or | 10%
RM | Moderate | 15%
CMU | Very Low, or | 5% | 20--24 d.u./ac. | 400 s.f. per unit % | 75 s.f. per BR, up to 225 s.f. | 1.10 | 35'
CMU | Low, or | 10%
CMU | Moderate | 15%
Affordable Housing Overlay (AHO) | RM - AHO (Rental) | Very Low | 6.25% | 20--40 d.u./ac | 75 s.f. (combined average) per unit | 1.4 | 50'
and Low | 18.75%
RM - AHO (Owner) | Moderate | 25% | 20--40 d.u./ac | 75 s.f. (combined average) per unit | 1.4 | 50'
RM - AHO (Senior) | Very Low | 50% | 20--50 d.u/ac | 75 s.f. (combined average) per unit | 1.4 | 50'
and Low | 50%
CMU - AHO (Rental) | Very Low | 6.25 % | 20 - 40 d.u./ac | 75 s.f. (combined average) per unit | 1.5 | 50'
and Low | 18.75 %
CMU - AHO (Owner) | Moderate | 25% | 20 - 40 d.u./ac | 75 s.f. (combined average) per unit | 1.5 | 50'
CMU - AHO (Senior) | Very Low | 50% | 20 - 50 d.u/ac | 75 s.f. (combined average) per unit | 1.5 | 50'
and Low | 50%
Income Categories: | Very Low = 31% - 50% of Area Median Income
Low = 51% -80% of Area Median Income
Moderate = 81% - 120% of Area Median Income
Findings for Approval. In addition to the project approval findings required by the underlying zoning district, any other applicable overlay zoning district, and all other applicable chapter or section of this development code, approval of a qualifying project for which any AHO site development limits have been requested shall require the following additional findings: 1.
The development project would not be a hazard or public nuisance or establish a use or development inconsistent with the goals and policies of the General Plan; and,
2. The units will remain subject to a recorded affordability restriction for at least fifty-five (55) years, as required by Government Code Section 65915.
C. Continued Availability and Affordability. Before issuance of a building permit for any dwelling unit in a development benefitting from any AHO site development limit, as specified within Section 17.22.025.B, above:
1. The land use permit application for the qualifying AHO project shall include procedures for maintaining continued affordability of all lower income units and any other restricted occupancy units;
2. The land use permit application shall identify the affordable (income restricted) housing units within the project; and,
3. The applicant shall enter into a written agreement or covenant with the city to guarantee the continued affordability of all such lower income and restricted occupancy AHO units, consistent with the requirements of California Government Code Section 65915, which requires units to be subject to a recorded affordability restriction of fifty-five (55) years.
D. Recordation of Agreement. The terms and conditions of the covenant set forth in subsection D.3, above, shall run with the land which is to be developed, shall be binding upon the successor(s)-in-interest of the permit applicant, shall be recorded in the county recorder's office, shall last for fifty-five (55) years from the date of the certificate of occupancy for each unit, and shall be approved as to form by the city attorney as compliance with applicable state and local law.
E. Qualifying projects under this section, and consistent with Section 17.18.060 , shall be given the highest priority for application processing.