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Affordable units in new housing (inclusionary) in Clayton

Clayton's own rules on affordable units in new housing (inclusionary), with the code text for every value.

Each rule below links to the section of the Clayton Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Clayton's code says

Clayton code What Clayton's code adds
Exemptions
  • Residential developments with fewer than 10 dwelling units are exempt from inclusionary housing.
    § 17.92.020 · code text
    Residential Developments proposed to contain less than ten (10) dwelling units.
Fee instead of units
  • The in-lieu fee follows the schedule set by City Council resolution, as adjusted from time to time by resolution.
    Applies: Applies to residential developments of 10 or more units.
    § 17.92.040 · code text
    The amount of the fee to be paid by Developer pursuant to this subsection shall be the fee schedule established by Resolution of the City Council, and as adjusted from time to time by Resolution of the City Council.
  • A fractional unit is paid as the applicable in-lieu fee multiplied by the percentage the fractional unit represents.
    Applies: Applies when the calculation gives a fraction of an inclusionary unit and the developer chooses an in-lieu payment.
    § 17.92.030 · code text
    making an in lieu payment to the Inclusionary Housing Fund in an amount equal to the percentage represented by the fractional unit multiplied by the applicable in lieu fee.
Projects it applies to
  • Inclusionary rules apply to residential developments of 10 or more units.
    § 17.92.030 · code text
    If the Residential Development includes ten (10) or more units
Share of affordable units
  • 10% of all newly built dwelling units must be for very low, low and moderate income households.
    Applies: Applies to residential developments of 10 or more units.
    § 17.92.030 · code text
    If the Residential Development includes ten (10) or more units, a minimum of ten percent (10%) of all newly constructed dwelling units in the Residential Development shall be developed, offered to and sold or rented to Very Low, Low and Moderate Income Households
  • The set-aside is 15% of all newly built dwelling units instead of 10%.
    Applies: Applies to developments of 10 or more units where the developer, with City Council approval, builds the affordable units off-site.
    § 17.92.040 · code text
    If the Developer constructs units off-site, the percentage of required Inclusionary Units shall be increased to fifteen percent (15%).

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Does Clayton require affordable units in new housing?

Clayton's code: Residential developments with fewer than 10 dwelling units are exempt from inclusionary housing. (§ 17.92.020); The in-lieu fee follows the schedule set by City Council resolution, as adjusted from time to time by resolution. (Applies to residential developments of 10 or more units.) (§ 17.92.040).

General information, not legal advice.

Ask about a specific Clayton property

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