The purpose of this chapter is to regulate the ministerial review and approval of Senate Bill 35 (SB35) eligible projects and multiple family residential development in compliance with chapter 17.72, Multiple Family Residential Design Review. Where projects do not meet the requirements of chapter 17.72, Multiple Family Residential Design Review, the project shall be processed in accordance with chapter 17.05, Uses Permitted Subject to Administrative Approval, and chapter 17.60, Site Development Permit, and may be subject to the California Environmental Quality Act and local implementing procedures, as applicable. The provisions of this chapter set forth a procedure for approval where objective design and development standards can be applied and verified by the city planner that such use is in conformance with the intent and provisions of this chapter. Multiple family residential review shall be applicable to all zones that permit multiple family residential development, which review shall be ministerial and exempt from CEQA requirements. The typical zone districts include R-2, R-3, R-4, and MUO (where multiple family residential development is permitted). Housing development projects, whether single or multiple family residential, shall be allowed by-right as accessory to permitted religious institution uses, consistent with Assembly Bills 1851 and 2244 adopted in 2022. Housing development projects, whether single or multiple family residential, shall be allowed by-right as accessory to permitted religious institution uses, consistent with Assembly Bills 1851 and 2244 adopted in 2022. (February 18-2025 PC Mtg.)

(Ord. No. 2023-485, § 2, 7-25-2023; Ord. No. 498, 3-25-2025)

Allow by right the development of Assessor Parcel Number 192-170-06 currently identified to meet the lower income RHNA requirement or any other parcel listed in the prior two (2) cycles for the purpose of meeting the 6th cycle lower income RHNA obligations, given that the development include twenty percent (20%) affordable units for lower-income households when meeting the criteria as established by chapter 17.055, Multiple Family Residential Design Review Ministerial Permit and chapter 17.72, Multiple Family Residential Design Review. (February 18, 2025)

(Ord. No. 498, 3-25-2025)

A.

Application review. Each application, as established herein chapter 17.055, multiple family residential design review ministerial permit, for a multiple family residential development project shall be reviewed to ensure that the application is consistent with any adopted objective multiple family residential development standards contained in chapter 17.72, multiple family residential design review.

1.

A complete application submittal package shall be provided pursuant herein section 17.055.020, application for approval - review procedure, in order for the application to be deemed complete and eligible for an objective multiple family residential development review. The applicant shall submit three (3) prints of site plans, plot plans, elevations (north, south, east, and west), floor plans, and landscape plans necessary to depict the required information. The submittal package shall contain plans drawn to scale and shall indicate clearly and with full dimensions the following information. The applicant may also submit the files electronically via flash drive.

a.

Name and address of the applicant and of all persons owning any or all of the property proposed to be used.

b.

Location of property involved (address or vicinity).

c.

Legal description of property.

d.

Proposed facility or use.

e.

The lot dimensions.

f.

All buildings and structures and their location, size, height, and proposed uses.

g.

Location and design of recreation areas.

h.

Yards and spaces between buildings.

i.

Walls and fences and their location, height, and materials.

j.

Landscaping and sprinkling system, including location, type and plant names and proposed disposition of existing trees.

k.

Off-street parking, including the location, number of stalls, dimensions of the parking facility, and internal circulation system.

l.

Access, pedestrian, vehicular, and service, points of ingress and egress, and driveway locations and dimensions.

m.

Signs and their location, size and height.

n.

Loading, including the location, dimensions, number of parking spaces, internal circulation, and means of accessibility to structure or use served.

o.

Lighting, including the location, general nature and hooding devices, if any.

p.

Street dedication and improvements.

q.

Location of utilities and trash collection areas; and

r.

An appropriate description legend and North point

s.

And other materials may be required to demonstrate compliance with chapter 17.72, multiple family residential design review.

B.

The city planner shall determine if the application is complete within thirty (30) working days and if complete shall review the application for compliance with the provisions of chapter 17.72, multiple family residential design review. If the application is deemed incomplete, the city planner shall advise the applicant of the needed information. Upon resubmittal of an incomplete application, the city planner has an additional thirty (30) days to review the content of the resubmitted application.

C.

Upon completion the review of a completed application and consultation with appropriate city departments and purveyors of services, the city planner shall state in writing either approval or denial of the proposal based solely on compliance with the adopted objective standards identified in chapter 17.72, multiple family residential design review, within forty-five (45) days of acceptance of a complete application excluding Saturday, Sundays, and legal holidays, of acceptance of a complete application.

D.

In approving or denying the proposal, the city planner shall advise of the decision to the applicant and designated representatives and shall advise of the right to appeal the decision in accordance with section 17.055.040, appeals.

(Ord. No. 2023-485, § 2, 7-25-2023)

A.

One (1) copy of the written decision of the city planner approving or denying the application shall be signed and dated by the city planner and mailed to the applicant, city departments, and all purveyors of public services. The applicant, if in agreement with the decision of the city planner, shall sign and certify their agreement to the findings and requirements as stated in section 17.055.030, grant of application—findings required, on a form provided by the city planner.

(Ord. No. 2023-485, § 2, 7-25-2023)

A.

The city planner's decision shall be deemed ministerial provided the following standards are complied with:

1.

Proposed use is permitted in the underlying zone district and density is permitted within the underlying planned land use.

2.

Proposed use will be in compliance with all adopted objective multiple family residential development standards contained in chapter 17.72, multiple family residential design review.

3.

Proposed use will comply with all other applicable provisions of the zoning ordinance.

4.

Proposed use will comply with all policies and standards identified in the general plan and any specific plan, as applicable; and

5.

Approval of the project will not violate any existing policy, regulation, mandate, or law.

(Ord. No. 2023-485, § 2, 7-25-2023)

A.

The city planner's decision shall be deemed final except as follows:

1.

An applicant may appeal against the denial of a multiple family objective review to the planning commission as provided within section 17.54.100, hearing - notice and payment of fees, per section 17.54.080(D).

2.

Mistakes of fact may be appealed to correct the record or resubmittal of corrected information to the director and payment of required fee.

a.

An appeal to correct the record for a mistake of fact does not change the ministerial nature of the approval nor the CEQA exemption.

(Ord. No. 2023-485, § 2, 7-25-2023)

A.

Multiple family residential development review applications in compliance with the provisions contained herein chapter 17.055, multiple family residential design review ministerial permit, and chapter 17.72, multiple family residential design review, that are approved by the city planner are considered ministerial and are exempt from environmental review pursuant to CEQA Guidelines § 15268.

(Ord. No. 2023-485, § 2, 7-25-2023)

A.

Before a building permit shall be issued for any building or structure proposed as part of an approved application for multiple family design review approval, the building division shall secure written clearance from the city planner that the proposed structure and/or building location is in conformity with the ministerial review of the multiple family design review application. Before a building may be occupied or before final inspection, the building official/inspector shall certify to the city planner that the site has been developed in accordance with the multiple family residential design review approval.

(Ord. No. 2023-485, § 2, 7-25-2023)