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New: Affordable Housing Overlays: Cambridge vs. Berkeley
The Cambridge Affordable Housing overlay, which allows four or sometimes more units to be built in areas otherwise zoned for single family residences, has been cited as the source of Councilmember Terry Taplin's proposal for a similar ordinance in Berkeley. In fact the two are notably different, as you see from the table below:
| Condition | Taplin Overlay March 18 Supplemental | Cambridge, MA Affordable Housing Overlay (AHO) | Assembly Bill 1763 |
| Introduction | Revision to zoning code and General Plan, permitting increased height and density for 100% affordable housing developments including but not limited to: exceeding standards set forth in CA Gov Code 65915 with additional local height and density incentives | The purpose is to promote the public good by supporting development of housing that is affordable to households earning up to 100% AMI. Allow incremental increases in density, limited increases in height and relaxation of certain other zoning limitations. Incentivize the reuse of existing buildings to create AHO projects compatible with established neighborhood character | Signed October 9, 2019
Density Bonus Law Requires density bonus to be provided to a developer who agrees to construct a housing development which is 100% affordable exclusive of managers’ units |
| Percentage of Affordable Housing by Income Level | 100% affordable housing to extremely low, very low, low and moderate incomes.
Rents capped for 100% Moderate income
A % in any income category is not defined
Manager’s unit excepted | At lease 80% of AHO units shall be occupied by AHO eligible households whose gross household income upon initial occupancy is no more than 80% of AMI | 20% of total units may be moderate-income |
| Length of Time Affordable Housing Requirement Applies | States: Deed Restricted (does not state whether deed restriction is permanent or restricted for a number of years) | States: Permanently affordable | To qualify for density bonus applicant agrees to continued affordability of all very low and low income rental units for 55 years minimum |
| Ministerial Approval | Yes, contingent on objective zoning and design criteria
Ministerial approval for qualifying projects should be contingent on fire-blocking design and defensible space standards certified by the Planning Dept. | As-of-right, subject to non-binding advisory design consultation procedures that follow all design objectives set forth within Zoning Ordinance and the results of the design review process.
Review process includes pre-design “neighborhood meeting” followed by 2 public meetings with design consultants and reports. Submission includes full plans, shadow studies, impact on solar, plus financials with developer fees, Any development not meeting all of the standards set forth in AHO shall be subject to the requirements applicable in the zoning district, AHO Project may contain single-family, two-family, townhouse, or multifamily dwellings as-of-right. | |
| Exemptions for Ministerial Approval | Exempting parcels with Designated Historic Landmarks and maintaining demolition restrictions consistent with state law
Parcels within high-risk wildfire zones as determined by CA Dept of Forestry and Fire Protection (CalFire) | Contains a Defined Advisory Design Consultation Procedure
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| Density | In R3, R4 and all C-prefixed zoning districts local density bonus in addition to and duplicative of, state density bonus un Gov Code 65915 in R4 amend General Plan to increase density to 150 units/acre, R3 increase to 125 units/acre, in R-1, R-1A, R-2 and R-2A a local 12 ft height bonus waiving density limits,
In R-1, R-1A, R-2 and R-2A increase to 165 units/acre Ensure consistent applicability in all c-prefixed zoning districts for residential portion of mixed-use with ground floor commercial or live-work To calculate units/acre in sq ft dive sq ft of lot by 43,560 (sq ft in an acre) and multiply by number of units per acre.
All density limits waived including units/acre, FAR and 80% lot coverage for all parcels within ½ mile of commuter rail station or within ¼ mi of AC transit bus route with 7-day service in FY2019 Increased density outside of transit proximity contingent on TDM policies to reduce VMT including bike parking, paratransit and shared micro-mobility systems | Where District standards are maximum floor area ratio (FAR) of than 1.00 an AHO Project shall not exceed FAR of 2.00, otherwise there is no maximum, There shall be no minimum lot area per dwelling | Exempts from any maximum controls on density if project located within ½ mile from major transit stop. Prohibits density bonus to any project that receives a waiver from any maximum controls on density or reduction in development standards |
| Height | Revised supplemental submitted for the March 18, 2021 Land Use meeting does not have a height statement and instead uses Floor Area Ratios (FAR)
(The former height statements in earlier versions have strikethrough) | Residential limit 40 ft, AHO shall contain no more than 4 stories above grade with maximum height 45 ft, If an active non-residential use on the ground floor, maximum height 50 ft but the number of stories above grade shall not exceed 4 stories
Where District height >40 ft to 50 ft, AHO project shall contain no more than 6 stories with maximum height 65 ft, If ground floor non-residential, maximum height 70 feet and 6 stories above grade
Where AHO project abuts a district with height limit of 40 ft or less, AHO project then height limit shall extend only 35 ft from the property line
Where District building height more than 50 ft, an AHO project shall contain no more than 7 stories above grade and a maximum height of 80 ft
| With density bonus may add 3 additional stories or 33 ft if located within ½ mile of major transit stop.
(Review bill for details of density bonus related to the percent of units at very low, low and moderate income levels) |
| Environmental Standards | Shall not waive Green Building Requirements | ||
| Lot Coverage | In R-1, R-1A, R-2, and R-2A up to 80% lot coverage | Minimum open space to lot area shall be 30% except where District establishes less restrictive requirement. Lot area open space may be reduced to no less than 15% if the AHO project includes the preservation and protection of an existing building included on the State Register of Historic Places Open space shall be considered private open space and shall exclude parking and driveways All open space shall meet the definition of Permeable Open Space Open space shall be located at grade or on porches and decks that are no higher than the floo elevation of the lowest story above grade except that up to 25% of required open space may be located at higher levels such as balconies and decks only if it is accessible to all occupants of the building. Bicycle parking not in the building may be considered private open space, | |
| Setbacks | Not defined | Front yards, an AHO project shall have a minimum front yard setback of 15 ft except where District standards are less restrictive or may be reduced to the average front yard setbacks of the 4 nearest pre-existing principal buildings that contain at least 2 stories above grade or may be reduced to 10 ft on a corner lot. If non-residential and residential front yard setback differ, the non-residential shall apply if the AHO project contains a ground floor non-residential use
Side yard setback 7.5 ft minimum unless District less restrictive that is not derived by formula
Rear yard AHO project minimum setback of 20 ft or may be reduced to District minimum that is not derived by formula | |
| Projections | Projecting eaves, bay windows, balconies, open fire escaped and like projections which do not project more than 3.5 ft for principal exterior wall plane and unenclosed steps, unroofed porches which do no extend fore than 10 ft from foundation and not over 4 ft above grade may extend beyond minimum setback. | ||
| Work force | Skilled and trained as defined by state law | No statement | |
| Household Preference | No preference statement | Preference to Cambridge residents and former residents who experience no-fault eviction in the last 12 months | |
| Sale restrictions | No statement, does not include sale of units | Restricted to Permanent AHO eligible households no more than 100% AMI established by Community Development Dept (CDD) (further details available in AHO ordinance) | |
| Rent restrictions | No statement | Rent, including utilities and any other fees routinely charged to tenants and approved by CDD shall not exceed 30% of gross household income or other similar standard pursuant to an applicable housing subsidy program approved by CDD | |
| Frequency of income verification | Annually, or on such other basis approved by CDD to determine continued eligibility
After initial occupancy the AHO eligible household may continue to rent if gross household income exceeds limits set forth, but may not exceed 120% for more than 1 year | ||
| Non-residential uses / mixed-use | No statement | Ground floor may contain non-residential uses as permitted in the base zoning district | |
| Review of Affordable Housing Overly | No statement | Review begins 18 months after ordination, then annually, conditions to be reviewed in ordinance |
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