Elk Grove, CA Zoning Ordinance

Elk Grove City Zoning Code

Division II

ADMINISTRATION AND PERMIT PROCEDURES

§ 23.10.010 Purpose.

The purpose of this chapter is to establish the administration of this title and to set forth the basic responsibilities of the officials and bodies charged with its administration.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020)

§ 23.10.020 Composition of the Elk Grove Planning Agency.

Section 65100 of the California Government Code requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the Planning Agency, as designated by this title, may be any one (1) of the following, as further defined in this chapter and title. In the absence of an assignment, the City Council shall have the Planning Agency responsibility and authority.

City Council;

Planning Commission;

Zoning Administrator;

Community Development Director.

Responsible agencies shall have such duties as assigned by this title.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 27-2013 § 3, eff. 2-7-2014; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.10.030 Responsibilities of the City Council.

The City Council shall have the following land use responsibilities:

Approve appointment of members of the Planning Commission by the Mayor.

Hear and decide appeals of the decisions of the Planning Commission.

Hear and decide applications for zoning amendments, General Plan and amendments thereto, community plans, specific plans, special planning areas, prezoning, and development agreements. In the event that applications for other land use permits are requested in conjunction with these entitlements, the City Council shall also be the final decision-making body for the other land use permits.

Direct planning-related policy amendments and special studies as necessary or desired.

Make determinations on consistency with the General Plan of proposed real property acquisitions or disposals as provided in Section 65402 of the California Government Code; provided, however, that the Planning Commission shall make determinations in the circumstances set forth in EGMC Section 23.10.040(H).

Exercise such other powers and duties as are prescribed by State law or local ordinance.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 21-2012 § 6(A), eff. 11-9-2012; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020; Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021)

§ 23.10.040 Responsibilities of the Planning Commission.

The Planning Commission shall have the following land use responsibilities:

Hear and decide appeals of the decisions of the Community Development Director and Zoning Administrator.

Hear and decide applications for conditional use permits, variances, major design review, major uniform sign programs, extensions to nonconforming use status, tentative subdivision maps, tentative parcel maps, and other permits as entitlements as provided in EGMC Chapter 23.16.

Review and approve or disapprove official zoning interpretations.

Hear and make recommendations to the City Council on applications or proposals for amendments to this title.

Initiate studies of amendments to this title and make recommendations to the City Council for amendments to this title.

Hear and make recommendations to the City Council on applications for zoning amendments, General Plan and amendments thereto, specific plans, special planning areas, prezoning, and other related planning studies.

Make recommendations to the City Council with respect to the consistency of a proposed capital improvement program with the General Plan as provided in EGMC Chapter 21.15, or the proposed public works improvements or projects of other agencies or special districts within the City as requested and provided under Section 65401 of the Government Code.

Make determinations with respect to consistency with the General Plan for real property dedications, dispositions, vacations, and abandonments as required by Section 65402 of the Government Code when proposed as part of the initial development application, except that if the City Council is the designated approving authority for the development project as provided in EGMC Section 23.14.050 (Approving authority) then the City Council shall make the determination after a recommendation by the Planning Commission. However, if the proposed dedication, disposition, vacation, or abandonment is not known or otherwise proposed with the development application then the City Council may consider it and make a determination as to General Plan consistency as part of the approval of the final map or parcel map to the extent such action is a subsequent action of the development application. Where no final map or parcel map is proposed and the General Plan consistency determination is required subsequent to initial approval of the development project the determination shall be made by the original approval authority.

Exercise such other powers and duties as are prescribed by State law, local ordinance, or as directed by the City Council.

(Ord. 8-2011 § 5(A), eff. 6-24-2011; Ord. 27-2013 § 3, eff. 2-7-2014; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020; Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.10.050 Additional provisions for the Planning Commission.

Membership and Term. There shall be five (5) members of the Planning Commission. Commissioners shall not be employees of the City, but shall be residents of the City. Each member shall serve at the pleasure of the City Council for a term of service set by resolution, with no maximum number of terms that may be served by any individual member.

Vacancies. If a member of the Commission is unable or unwilling to complete his or her service, the Mayor, with the approval of the City Council, shall appoint another person to serve as Commissioner.

Compensation. Each appointee to the Planning Commission shall receive compensation as determined by ordinance, resolution, or other formal action of the City Council.

Rules. The Planning Commission shall adopt rules of procedure which shall govern the conduct of hearings and other business of the Commission. Copies of the rules shall be published and shall be available at the Office of the Clerk of the City Council.

Organization. The Planning Commission members shall annually select a chairperson and vice-chairperson amongst themselves and shall determine the time, place, and frequency of regular meetings.

Committees. The Planning Commission is authorized to create committees from their member-ship for the conduct of their business.

Voting. The approval of any action by the Planning Commission shall require the affirmative votes of a majority of the quorum.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 28-2007 § 3, eff. 10-26-2007; Ord. 21-2012 § 6(B), eff. 11-9-2012; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.10.055 Responsibilities of the Zoning Administrator.

The City Manager, or his or her designee, shall serve as the Zoning Administrator.

The Zoning Administrator shall have the following land use responsibilities:

Hear and decide applications for minor design reviews and minor use permits;

Hear and decide tentative subdivision map, vesting subdivision map, and tentative parcel map extensions; and

Exercise such other powers and duties as are prescribed by State or local law, or as directed by the Planning Commission and/or City Council.

(Ord. 27-2013 § 3, eff. 2-7-2014; Ord. 14-2017 § 3 (Exh. C), eff. 6-23-2017; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020)

§ 23.10.060 Responsibilities of the Community Development Director.

The Community Development Director shall have the responsibility and authority to administer and enforce this title as follows:

Maintain the sections of this title, zoning map, and all records of zoning actions and interpretations.

Advise the City Council, City Manager, Zoning Administrator, and Planning Commission on planning matters.

Decide administrative permits, including zoning clearance/plan check, minor deviations, minor uniform sign programs, parking reduction permits, reasonable accommodation permits, and temporary use permits.

Staff meetings and provide administrative services for the Planning Commission.

Direct planning-related policy amendments and special studies as necessary or desired.

Conduct administrative functions authorized by this title, including distribution and receipt of permit applications and corresponding fees, application review and public noticing, determination and issuance of administrative permits and approvals, and preparation of staff reports with recommendations, proposed findings, and proposed conditions for quasi-judicial and legislative actions by designated planning agencies. For a comprehensive list of permits, see EGMC Chapter 23.16, Permit Requirements.

Provide information to the public and facilitate public participation on planning matters.

Prepare official zoning interpretations for Planning Commission review and action.

In coordination with other departments of the City, prepare and submit to the City Council for review, and submit to the State of California Office of Planning and Research and the Department of Housing and Community Development, an annual report on implementation of the General Plan as provided in Section 65400 of the California Government Code.

Exercise such other powers and duties as are prescribed by State law, local ordinance, or as directed by the City Manager.

(Ord. 8-2011 § 5(B), eff. 6-24-2011; Ord. 27-2013 § 3, eff. 2-7-2014; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.12.010 Purpose.

The purpose of this chapter is to specify the authority and procedures for clarification of ambiguity in the regulations of this title in order to ensure consistent interpretation and application.

(Ord. 26-2006 § 3, eff. 8-11-2006)

§ 23.12.020 Applicability and authority for interpretations.

If ambiguity arises concerning the meaning or applicability of the provisions of this title, it shall be the responsibility of the Community Development Director to review pertinent facts, determine the intent of the provision, and to issue an administrative interpretation of said provision(s) as specified in this chapter:

The classification of a particular use (see EGMC Section 23.26.020(E), Uses Not Listed/Similar Uses);

The development standards applicable to a particular zoning district or use; or

Zoning boundaries.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.12.030 Rules of interpretation.

Terminology. When used in this title, the following rules apply to all provisions of this title:

Language. The words “shall, “must,” “will,” “is to,” and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended, and “may” is permissive.

Tense and Number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either … or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including but not limited to…”

Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted.

Number of Days. Whenever a number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or City holiday, time limits shall extend to the end of the next working day.

Minimum Requirements. When interpreting and applying the regulations of this title, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.

(Ord. 26-2006 § 3, eff. 8-11-2006)

§ 23.12.040 Official zoning interpretation.

Applicability and Authority to Prepare. Whenever the Community Development Director determines that an ambiguity in a zoning regulation exists, or a formal request for an interpretation is made by an applicant, property owner, or interested party to the Community Development Director, the Community Development Director shall prepare an official zoning interpretation as described herein.

Official Zoning Interpretation Defined – Threshold for Preparation of Official Zoning Interpretation. An official zoning interpretation is a recorded decision on the meaning and/or application of the development standards, allowed use regulations, or other standards contained within this title. An official zoning interpretation is only prepared to address an ambiguity and is not prepared as part of the normal application of the code in review of development applications and zoning clearance/plan check. It is not used to determine if a proposed use is similar to another use listed in this title as such determinations are made through the similar use determination process described in EGMC Section 23.12.045 (Similar use determination).

Content of Official Zoning Interpretation. Official zoning interpretations shall be prepared by the Community Development Director, in writing, and shall cite the provisions being interpreted, together with any explanation of the meaning or applicability of the provision(s) in the particular or general circumstances that caused the need for the interpretation.

Procedure for Interpretations.

Community Development Director Action. The Community Development Director shall prepare the draft official zoning interpretation and place it, along with any relevant supporting information, as a regular agenda item on the next available Planning Commission agenda.

Planning Commission Review and Action. The Planning Commission shall review the draft official zoning interpretation and, based upon the materials and information presented at the meeting, either affirm, affirm with modification, or deny the interpretation.

Appeal. Official zoning interpretations may be appealed to the City Council pursuant to EGMC Section 23.14.060 (Appeals). Appeals of official zoning interpretations are not subject to appeal fees.

Keeping of Official Zoning Interpretations. The Community Development Director shall maintain a complete record of all official interpretations available for public review, indexed by the chapter number of this title that is the subject of the interpretation.

Codification of Official Zoning Interpretations. To the extent practical and appropriate, official zoning interpretations shall be incorporated into this title by amendment as soon as is possible.

(Ord. 8-2011 § 6(B), eff. 6-24-2011; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.12.045 Similar use determination.

Applicability. All possible land uses may not be listed within the provisions of this title, and new uses may evolve over time. When a particular use is not specifically listed in this Zoning Code and it is unclear whether the use is permitted, the provisions established in this section allow the approving authority, to determine whether or not a proposed use is substantially similar to another use already listed in this title and whether such proposed use may be allowed in a particular zoning district.

Approving Authority. The Community Development Director shall be the designated approving authority for similar use determinations.

Procedure. The issuance of a similar use determination is an administrative function and no public hearing or notice is required. The determination may be appealed to the Planning Commission subject to the procedures of EGMC Section 23.14.060 (Appeals).

Approval Findings. In determining if a proposed use is substantially similar to another listed use, the approving authority shall make all of the following findings:

The characteristics of and activities associated with the proposed use are equivalent to one (1) or more of the listed uses and will not involve a higher level of activity or density than the uses listed in the zoning district (e.g., traffic, hours of operation, intensity of use, population density);

The proposed use will be consistent with the purposes of the applicable zoning district; and

The proposed use will be consistent with the General Plan, any applicable specific plan, and the Zoning Code.

Documentation of Determination. Determinations shall be made in writing and shall contain the facts that support the determination. The City shall maintain all such determinations on record for review by the general public upon request. The decision shall be provided, in writing, to the applicant, interested parties, and decision-makers. The notice shall include:

A brief statement explaining the criteria and standards considered relevant to the decision;

A statement of the standards and facts relied upon in rendering the decision; and

Statement of appeal rights and appeal deadlines.

Keeping of Similar Use Determinations. The Community Development Director shall maintain a complete record of all similar use determinations and make them available for public review.

(Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.12.050 Appeals.

Repealed by Ord. 8-2011.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 49-2008 § 3, eff. 11-21-2008)

§ 23.12.060 Enforcement procedures.

Purpose and Intent. The purpose of these provisions is to identify enforcement authority and provisions for enforcement of this title.

Action on Violations. Municipal code enforcement is the responsibility of the Code Enforcement Division. Working in partnership with the Community Development Director, the Code Enforcement Division shall investigate all alleged violations of the municipal code and violations of conditions of approval of land use and development permits issued under this title, and if it is the opinion that a violation does exist, shall notify the owner of the property involved to show cause why the violation should not cease. The property owner notification process, administrative citation process, and administrative appeals shall be conducted pursuant to EGMC Section 1.04.040 and EGMC Chapters 1.11, 1.12, and 16.18.

Public Nuisance Declared. Any building or structure, or any use of property contrary to or in violation of this title or condition of approval of land use and development permits issued under this title is unlawful and is a public nuisance. All abatement and enjoinment proceedings shall be conducted in accordance with EGMC Section 1.04.040 and EGMC Chapters 1.11, 1.12, and 16.18, as well as relevant provisions of State law. Additionally, should a violation of a condition of approval of a land use and development permit not be corrected in a reasonable time frame, the City (by initiation of any of the City’s designated planning agencies as identified in EGMC Section 23.10.020, Composition of Elk Grove Planning Agency) may undertake proceedings to revoke the permit in accordance with EGMC Chapter 23.20 (Modification and Revocation).

(Ord. 8-2011 § 6(D), eff. 6-24-2011; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.14.010 Application submittal.

All applications for land use and development permits and actions pertaining to this title shall be submitted to the Community Development Department on a City application form, together with all fees, plans, maps, and any other information required by the Community Development Department. Every application for a land use or development permit shall include a completed application form designated for the particular request, applicant signature(s), agent authorization as appropriate, and processing fee(s) established by City Council resolution. Additionally, each application requires the submittal of particular maps, plans, and other data about the project development, project site and vicinity deemed necessary by the Community Development Director to provide the approving authorities with adequate information on which to base decisions. Each permit application form lists the necessary submittal materials for that particular type of permit.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.14.020 Determination of completion.

Application Completeness. Within thirty (30) days of application submittal, the Community Development Director shall determine whether or not the application is complete. The applicant shall be notified in writing of the determination either that:

All the submittal requirements have been satisfied and that the application has been accepted as complete; or

Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with City standards and requirements. The applicant may appeal the determination in accordance with EGMC Section 23.14.060, Appeals, and the Permit Streamlining Act (Section 65943 of the California Government Code).

In order to expedite the determination of completeness for administrative permits and actions issued by the Community Development Director (zoning clearance, temporary use permits, minor deviations, minor use permits), administrative permit applications shall be deemed complete within ten (10) working days unless the applicant is otherwise notified in writing within that time period of additional information necessary to complete the application.

Incomplete Application. If additional information or submittals are required and the application is not made complete within six months of the completeness determination letter, the application shall be deemed by the City to have been withdrawn, and no action will be taken on the application. Unexpended fees, as determined by the Community Development Director, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials, must then be filed in compliance with this chapter.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.14.030 Application review.

After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). The Community Development Director will consult with other departments as appropriate to ensure compliance with all provisions of the Elk Grove Municipal Code and other adopted policies and plans. The Community Development Director will prepare a report to the designated approving authority (Planning Commission and/or City Council) describing the project, along with a recommendation to approve, conditionally approve, or deny the application.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.14.040 Public hearing for quasijudicial and legislative permits and entitlements.

Public Hearing Required. The following procedures shall govern the notice and public hearing, where required, for consideration of a quasi-judicial or legislative permit or entitlement(s). In accordance with planning and zoning law, the Subdivision Map Act, and the California Environmental Quality Act, public hearings shall be required for all quasi-judicial permits and legislative actions of the City, including, but not limited to, minor deviation, variance, use permits (both minor conditional and conditional), design review (both minor and major), specific plans, special planning areas, zoning amendments, and General Plan amendments. The hearing(s) shall be held before the designated approving authority as identified in this title. Notice of the hearing(s) shall be provided as described below.

Project Application Noticing on Site. Within thirty (30) days of submittal of a development application, the City shall post the project site with a sign identifying the existence of the application. Said sign shall remain on site until the project is decided or withdrawn as outlined in this division. The method, size, and message of the notice shall be as determined by the Community Development Director so as to reach the largest reasonable audience without impacting public safety. The fees for developing and establishing the on-site notice shall be established by resolution of the City Council. On-site signs identifying a current development application shall be posted for the following requests:

General Plan amendment;

Rezone;

Specific plan amendment;

Special planning area amendment;

Major design review;

Tentative subdivision map;

Conditional use permit; or

Any application for design review for multifamily development.

Notice of Hearing. Except as otherwise provided herein, pursuant to Section 65091 of the California Government Code, not less than ten (10) days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, a general explanation of the matter to be considered, and a general description of the real property (text or diagram), if any, which is the subject of the hearing.

If a proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, public notice for the Planning Commission hearing shall be given in the manner listed below at least twenty (20) days before the scheduled date of hearing.

Notice of the public hearing shall be published in at least one (1) newspaper of general circulation in the City.

Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners and tenants of property within a radius of five hundred (500' 0") feet of the exterior boundaries of the property involved in the application, using for this purpose that last known name and address of such owners as shown upon the current Tax Assessor’s records. Exceptions to the five hundred (500' 0") foot mailing radius requirement are as follows:

For all properties within the Rural Area Community Plan or the Triangle Sub-Area of the Eastern Elk Grove Community Plan, notices shall be mailed to owners of property and residents/ occupants, as applicable, within one thousand (1,000' 0") feet of the boundary of the property that is the subject of the application.

For drive-through uses in the rural commercial combining zone (RUC), notices shall be mailed to owners of property and residents/occupants, as applicable, within two thousand (2,000' 0") feet of the boundary of the property that is the subject of the application.

For regional projects, notices shall be mailed to owners of property and residents/occupants, as applicable, within two thousand (2,000' 0") feet of the boundary of the property that is the subject of the application. A regional project shall include a new specific plan, a new special planning area, any project for which an environmental impact report is required pursuant to the California Environmental Quality Act, or any other project determined by the Community Development Director to be a regional project.

For properties within all zoning districts, a minimum of thirty (30) parcels shall be notified. If this minimum standard is not met, the notification distance shall be increased in one hundred (100' 0") foot intervals until the standard is achieved.

The president or chairperson of all neighborhood associations or community groups in the City’s neighborhood association index which have boundaries that overlap any of the noticing radii defined above shall also receive a notice of all public hearings to the extent that address of such associations or groups are on file with the Community Development Department. Mailings to such organizations shall not be counted toward the thirty (30) parcel minimum defined above.

With the exception of private development applications, if the number of owners and residents/occupants receiving mailed notice of the public hearing in accordance with subsection (C)(2) of this section exceeds one thousand (1,000), the City may, in lieu of mailed notice, provide notice by placing a display advertisement of at least one-eighth (1/8) page in one (1) newspaper of general circulation within the City. This published notice shall satisfy the published notice as required under subsections (C)(1) and (C)(2) of this section.

Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner’s authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project.

In addition to the notices required by this section, the City may give notice of the public hearing in any other manner it deems necessary or desirable.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 3-2008 § 3, eff. 3-14-2008; Ord. 16-2009 § 3, eff. 9-25-2009; Ord. 8-2011 § 7(A), eff. 6-24-2011; Ord. 27-2013 § 4, eff. 2-7-2014; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 14-2017 § 3 (Exh. C), eff. 6-23-2017; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020; Ord. 13-2025 § 3 (Exhs. E, F), eff. 7-25-2025)

§ 23.14.050 Approving authority.

Approving Authority. The approving authority for each of the City’s permits or decisions is listed in Table 23.14-1. Table 23.14-1 identifies both recommending and approving authorities for each permit or action, and the corresponding section of this title where the permit or decision is described. When a proposed project requires more than one (1) permit with more than one (1) approving authority, all project permits shall be processed concurrently and final action shall be taken by the highest-level designated approving authority for all requested permits. In acting on a permit, the approving authority shall make the applicable findings as established in EGMC Chapter 23.16, Permit Requirements, and as may be required by other laws and regulations. An action of the designated approving authority may be appealed pursuant to procedures set forth in EGMC Section 23.14.060, Appeals. This section shall apply to the permits and entitlements listed in Table 23.14-1. All other permits and entitlements under this code, including, without limitation, boundary line adjustments and voluntary parcel mergers, may be processed separately to the designated approving authority or concurrently to the highest approving authority with all other project entitlements, all in the Community Development Director’s discretion.

Table 23.14-1 Approval Authority
Type of Permit, Entitlement, or Decision	Description (EGMC Section)	Designated Approval Authority¹
Type of Permit, Entitlement, or Decision	Description (EGMC Section)	Community Development Director	Zoning Administrator	Planning Commission	City Council
Administrative Permits
Official zoning interpretation	23.12.040	Recommending	---	Final	---
Similar use determination	23.12.045	Final	---	---	---
Zoning clearance/ plan check	23.16.020	Final	---	---	---
Minor deviation	23.16.030	Final	---	---	---
Minor uniform sign program	23.16.027	Final	---	---	---
Temporary use permit	23.16.050	Final	---	---	---
Special parking permit	23.16.037	Final	---	---	---
Reasonable accommodation	23.16.065	Final	---	---	---
Master home plan – design review	23.16.080	Final	---	---	---
Outdoor activity design review	23.16.080	Final	---	---	---
Quasi-Judicial Permits and Entitlements
Map extension (tentative subdivision, vesting tentative subdivision, tentative parcel)	22.16.090	Recommending	Final	---	---
Minor design review	23.16.080	Recommending	Final	---	---
Streamlined housing approvals	23.17	See EGMC Chapter 23.17
Density bonus and other developer incentives	23.50	Recommending	Final	---	---
Major uniform sign program	23.16.027	Recommending	---	Final	---
Variance	23.16.040	Recommending	---	Final	---
Minor conditional use permit	23.16.070	Recommending	Final	---	---
Conditional use permit	23.16.070	Recommending	---	Final	---
Major design review	23.16.080	Recommending	---	Final	---
Subdivision design review	23.16.080	Recommending	---	Final	---
District development plan design review	23.16.080	Recommending	---	Final	---
CIP design review	23.16.080	Recommending	---	Recommending	Final
Cluster development permit	23.16.085	Recommending	---	Final	---
Tentative parcel map2	22.16	Recommending	---	Final	---
Tentative subdivision map2	22.16	Recommending	---	Final	---
Legislative Approvals
Special planning area (establishment and amendment)	23.16.100	Recommending	---	Recommending	Final
Specific plan (establishment and amendment)	23.16.090	Recommending	---	Recommending	Final
Zoning amendment (text and map)	23.16.110	Recommending	---	Recommending	Final
Community plan (establishment and amendment)	23.16.115	Recommending	---	Recommending	Final
General Plan amendment	23.16.120	Recommending	---	Recommending	Final
Prezoning	23.16.130	Recommending	---	Recommending	Final
Development agreement (establishment and amendment)	23.16.140	Recommending	---	Recommending	Final

Notes:
1.	All listed actions are subject to appeal pursuant to EGMC Section 23.14.060.
2.	When any tentative map is submitted in conjunction with a qualifying streamlined housing project as provided in EGMC Chapter 23.17, the approving authority shall be the Zoning Administrator.

Community Development Director/Zoning Administrator Elevations.

At any point in the application review process, any permit or entitlement where the Community Development Director or Zoning Administrator is identified as the approval authority may be elevated (or transferred) to the next highest approval authority, meaning that approvals of the Community Development Director would be elevated to the Zoning Administrator, and approvals of the Zoning Administrator may be elevated to the Planning Commission. A permit or entitlement request elevated to the Zoning Administrator may be further elevated to the Planning Commission. Such elevation may occur because of policy implications, unique or unusual circumstances, the magnitude of the project, or other reasons as determined by the approving authority or as provided in this title.

Public Hearing. An elevated application shall be considered at a noticed public hearing. Noticing shall occur pursuant to the provisions of EGMC Section 23.14.040.

Elevation Is Not an Appeal. An elevation to another decision-maker is not an appeal and requires no appeal application or fee.

Subsequent Applications. The approval authority of an elevated application shall consider subsequent amendments or revocations of the referred application. Extensions of time for a prior elevated approval shall be processed pursuant to EGMC Section 23.18.060 (Permit extension).

(Ord. 8-2011 § 7(B), eff. 6-24-2011; Ord. 27-2013 § 4, eff. 2-7-2014; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014; Ord. 31-2014 § 3 (Exh. A), eff. 2-13-2015; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 20-2018 § 3 (Exh. A), eff. 11-9-2018; Ord. 6-2019 § 3 (Exh. A), eff. 4-26-2019; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020; Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021; Ord. 12-2022 § 3 (Exh. A), eff. 6-24-2022; Ord. 13-2025 § 3 (Exhs. E, F), eff. 7-25-2025)

§ 23.14.055 Permit issuance.

Administrative Permits and Actions. The final action on any administrative permit and action by the designated approving authority shall constitute approval of the permit. Unless otherwise specified, such permit shall only become valid after the designated ten (10) day appeal period has been completed.

Quasi-Judicial Permits and Actions. The final action on any quasi-judicial permit and action by the designated approving authority shall constitute approval of the permit. Unless otherwise specified, such permit shall only become valid after the designated ten (10) day appeal period has been completed.

Legislative Actions. Adoption of the legislative action by ordinance (or resolution in the case of General Plan amendments) of the City Council shall constitute final action and approval of the action. Authorization for construction and occupancy in accordance with the action may only be granted after the effective date of the action.

(Ord. 8-2011 § 7(C), eff. 6-24-2011)

§ 23.14.060 Appeals.

Purpose. This section identifies the procedures for filing and processing an appeal consistent with Section 65904 of the California Government Code. Where the appeal provisions of this section conflict with other provisions of the Elk Grove Municipal Code, the appeal provisions of this section shall apply with regard to planning and zoning matters.

Appeal Applicability and Authority. Any person dissatisfied with an interpretation or action of the Community Development Director, Zoning Administrator, or Planning Commission made pursuant to this division, whether an initial decision or a subsequent appeal, may appeal such action to the next highest authority as described in Table 23.14-2 with the City Council being the final appeal authority. Actions by the City Council are final and not subject to appeal.

Table 23.14-2 Appeal Authority
Action by This Authority	Shall Be Appealed to This Authority
Action by This Authority	Planning Commission	City Council
Community Development Director	X
Zoning Administrator	X
Planning Commission		X

Filing an Appeal. All appeals shall be submitted in writing, identifying the action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within ten (10) days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by City Council resolution, and submitted to the City Clerk. The filing of an appeal shall stay the issuance of subsequent permit(s) (e.g., building permits).

Notice and Schedule of Appeal Hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within forty-five (45) days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of EGMC Section 23.14.040, Public hearing for quasi-judicial and legislative permits and entitlements.

Each appeal shall be considered a de novo (new) and the appeal authority may reverse, modify or affirm the decision in whole or in part. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may modify, delete, or add such conditions as it deems necessary. The appeal authority may also refer the matter back to the original approving authority for further action. The action of the final appeal authority is final on the date of decision and may not be further appealed.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 27-2013 § 4, eff. 2-7-2014; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 14-2017 § 3 (Exh. C), eff. 6-23-2017; Ord. 13-2025 § 3 (Exhs. E, F), eff. 7-25-2025)

§ 23.16.010 Permit requirements and exemptions.

All planning and zoning-related permits and actions required and regulated by the City are listed herein. Such permits generally fall into three categories based on the type of permit or action and the level of review:

Administrative permits and actions;

Quasi-judicial permits and actions; and

Legislative actions.

Each permit type is described in this section in terms of purpose and applicability, approving authority, and unique processing provisions. See EGMC Chapter 23.14, General Application Processing Procedures, for general application submittal, review, noticing/hearing, and appeal provisions. The permit process for review, decision, and appeal of signs is listed in EGMC Section 23.62.080, Sign permits, sign-related decisions and orders, and internal appeals. Exemptions to permit requirements are listed throughout this title. Provisions for tentative parcel maps and tentative subdivision maps are listed in EGMC Title 22.

(Ord. 26-2006 § 3, eff. 8-11-2006)

§ 23.16.020 Zoning clearance/plan check.

Purpose and Applicability. The purpose of zoning clearance/plan check is to ensure that all new and modified uses and structures comply with applicable provisions of this title, using simple administrative plan check procedures. Zoning clearance/plan check is required for all structures that require a building permit and for signs.

Approving Authority. The designated approving authority for zoning clearance/plan check is the Community Development Director. The Community Development Director approves, conditionally approves, or denies the zoning clearance/plan check in accordance with the requirements of this title.

Process.

Generally. No application form is necessary for zoning clearance/plan check. This process will be conducted by the Community Development Director as part of the building permit application review. Zoning clearance shall be granted only when the Community Development Director finds the proposal to be in conformance with all applicable provisions of this title. The Community Development Director may modify plans in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this title. Building permits shall not be issued without approval of zoning clearance/plan check.

Signs. The process for reviewing signs shall be as generally provided above, except that additional information describing the existing signs on the project site and the new proposed signs shall be required on a form provided by the Community Development Department. Further, upon approval of the proposed project, the Community Development Director shall issue a sign permit for the sign. The permit shall be on a label provided by the Community Development Department indicating the building permit file number associated with that sign. The permit shall be affixed to the sign in a conspicuous place.

(Ord. 8-2011 § 8(A), eff. 6-24-2011; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.16.027 Uniform sign program.

Purpose and Applicability. There are two (2) types of uniform sign programs: major and minor. Both programs provide a process for the City’s review of and decisions related to requests for signs for multi-tenant projects. The intent of the uniform sign programs are to allow for the integration of a project’s signs with the design of the structures involved to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects. A uniform sign program (either major or minor) shall be required for all new multi-tenant shopping centers, office parks, and other multi-tenant, mixed-use, or otherwise integrated developments of three (3) or more separate tenants/ uses that share buildings, public spaces, landscape, and/or parking facilities. The differences between the programs are as follows:

Minor Uniform Sign Program. A minor uniform sign program does not allow for deviations from the signage standards in this title.

Major Uniform Sign Program. The intent of the major uniform sign program is to:

Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the City, while mitigating the impacts of large or unusually designed signs; and

Allow for the installation of signs larger, taller, and/or more numerous than otherwise permitted by this title.

Approving Authority. The designated approving authority for uniform sign programs (both major and minor) are listed below. In evaluating a uniform sign program, the designated approving authority shall not consider the graphic design or message of any noncommercial message proposed for any of the signs within the program.

Minor Uniform Sign Program. The Community Development Director shall be the designated approving authority for a minor uniform sign program. The Community Development Director shall approve or deny applications for minor design after making the necessary findings.

Major Uniform Sign Program. The designated approving authority for a major uniform sign program is the Planning Commission. The Community Development Director provides a recommendation and the Planning Commission approves, conditionally approves, or denies the major uniform sign program in accordance with the requirements of this title. The Planning Commission shall approve, approve with conditions, or deny applications for a major uniform sign program after making the necessary findings.

Procedure. The procedures for a uniform sign program shall be as provided in EGMC Chapter 23.14, General Application Processing Procedures, except as provided below:

Minor Uniform Sign Program. No public hearing or notice shall be required.

Major Uniform Sign Program. A public hearing shall be required and public notice shall be provided as specified in EGMC Section 23.14.040, Public hearing for quasi-judicial and legislative permits and entitlements.

Standards. The uniform sign program (both major and minor) shall include criteria for building-attached signs, freestanding building signs, and the integrated development itself to establish consistency of sign type, location, center logo, and/or letter height, lines of copy, illumination, and construction details of signs for the project. All signs within the development shall be consistent with the approved uniform sign program. The message substitution policy of EGMC Chapter 23.62 shall be deemed incorporated in every sign program, even if the sign program documents do not explicitly so state.

Minor Uniform Sign Program. Maximum size, location, height, setback, and other development standards for signs in the minor uniform sign program shall be consistent with the standards of this title. No deviations from sign standards are allowed through a minor uniform sign program.

Major Uniform Sign Program.

Deviations Allowed. The following types of deviations from the signage standards of this title may be requested by the applicant for a major uniform sign program and may, upon written findings, be approved by the approving authority:

Increases in maximum allowed area per tenant for permanent signs on the subject site not to exceed one hundred fifty (150%) percent of the respective development standards in the underlying zoning district for the subject parcel (for a total of fifty (50%) percent more than the respective development standard);

ii.

Increases in the total number of monument signs allowed per project not to exceed two hundred (200%) percent of the respective development standards in the underlying zoning district for the subject parcel (for a total of one hundred (100%) percent more than the respective development standard);

iii.

Allowances for signs to exceed the maximum height and length requirement(s) not to exceed one hundred twenty-five (125%) percent of the respective development standards in the underlying zoning district for the subject parcel (for a total of twenty-five (25%) percent more than the respective development standard);

iv.

All other sign deviations require approval of a variance application. The general operational standards (e.g., lighting, setback, etc.) listed in EGMC Sections 23.62.110 and 23.62.120 shall be observed.

Deviations Prohibited. A major uniform sign program shall not be used to allow prohibited signs listed in EGMC Section 23.62.100, including electronic readerboard signs, and/or billboard signs in accordance with EGMC Chapter 23.47.

Considerations and Basis for Deviations. In approving an application for a major uniform sign program and any deviations from the signage standards of this title, the designated approving authority shall ensure that the proposed sign meets all of the following criteria:

Design Quality. The sign shall:

(A)

Have a positive visual impact on the surrounding area;

(B)

Be of a unique design and exhibit a high degree of imagination, inventiveness, and thoughtfulness; and

(C)

Provide strong graphic character through the imaginative use of any of the following: color, graphics, proportion, quality materials, scale, and texture.

ii.

Contextual Criteria. The sign shall contain at least one (1) of the following elements:

(A)

Creative image reflecting current or historic character of the City; or

(B)

Inventive representation of the logo, name, or use of the structure or business.

iii.

Architectural Criteria. The sign shall:

(A)

Utilize or enhance the architectural elements of the related building(s); and

(B)

Be placed in a logical location in relation to the overall composition of the building’s facade and not cover any key architectural features and details of the facade.

iv.

Impacts on Surrounding Uses. The sign shall be located and designed so as not to cause light and glare impacts on surrounding uses, especially residential uses, and vehicle circulation patterns.

Findings.

Minor Uniform Sign Program. A minor uniform sign program, or revisions thereto, may be approved only when the designated approving authority makes findings of fact that the proposed sign program is consistent with the development standards for a uniform sign program as established in this section.

Major Uniform Sign Program. A major uniform sign program, or revisions thereto, may be approved only when the designated approving authority makes all of the following findings:

The proposed major uniform sign program is consistent with the objectives of the General Plan;

The proposed signage is consistent with the purposes of the major uniform sign program; and

The proposed deviations from the signage standards of this title are consistent with the considerations and basis for deviations listed in this title.

Conditions. Only in the case of a major uniform sign program may the designated approving authority modify plans in whole or in part and condition the uniform sign program permit to ensure specific design features, construction materials, and conformance with all applicable provisions of this title.

(Ord. 8-2011 § 8(B), eff. 6-24-2011; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 14-2017 § 3 (Exh. C), eff. 6-23-2017; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.16.030 Minor deviation.

Purpose and Applicability. The purpose of the minor deviation is to allow some flexibility in project design with regard to specific development standards. Minor deviations do not apply to the use of property. To achieve more flexible standards, the designated approving authority may grant minor deviations to the building height, setback, lot coverage, maximum allowed signage area, sign height, sign setbacks, sign projections, and parking provisions not to exceed ten (10%) percent of the respective development standards in the underlying zoning district for the subject parcel or the applicable sign standard in accordance with EGMC Chapter 23.62, Signs on Private Property. Except as otherwise set forth in EGMC Title 22 or 23, all other deviations require approval of a variance application.

Approving Authority. The designated approving authority for minor deviations is the Community Development Director. The Community Development Director approves or denies the minor deviation in accordance with the requirements of this title. The Community Development Director may elevate the matter to the Zoning Administrator if the Community Development Director determines that the deviation could not be simply approved without conditions or denied, or due to the nature, location, size, or design of the project. In such instances, the permit shall be processed pursuant to the provisions of EGMC Section 23.14.050(B) (Community Development Director/Zoning Administrator Elevations).

Procedure. No public hearing or notice shall be required unless the minor deviation is bundled with another planning approval or entitlement that requires a public hearing and notice or if the matter is elevated to the Zoning Administrator.

Findings. The Community Development Director may approve and/or modify any application for a minor deviation in whole or in part with the following findings:

The deviation(s) improve the site, architectural, and/or overall project design; and

The deviation(s) are materially consistent with the project and are compatible with surrounding uses and structures.

(Ord. 8-2011 § 8(C), eff. 6-24-2011; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 14-2017 § 3 (Exh. C), eff. 6-23-2017; Ord. 20-2018 § 3 (Exh. A), eff. 11-9-2018; Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.16.037 Special parking permit.

Purpose. A special parking permit provides a process for the review of requests for modifications in the parking requirements as provided herein. Specifically, a special parking permit may provide for the reduction in the number of required parking spaces by more than ten (10%) percent of the respective development standards where such reduction is justified without compromising the basic health, safety and welfare of the community. Also see EGMC Section 23.16.030, Minor deviation, for deviations that are ten (10%) percent or less of the respective development standards. Additionally, a special parking permit may allow for a portion of the required off-street parking to be provided through on-street spaces as provided herein. Through the special parking permit, the City is creating a formal, documented process for the allowance of parking modifications.

Applicability. A special parking permit may provide for the following:

The minimum number of off-street parking spaces required by this title may be reduced through one (1) or more of the following procedures:

Reduced Parking Ratio. The designated approving authority may approve reduced parking ratio from that listed in Table 23.58-1 (Parking Ratio for Shopping Centers Based on Percentage Restaurant Use) and Table 23.58-2 (Parking Requirements by Land Use), in accordance with EGMC Section 23.58.050(I).

Parking Reduction Programs for Nonresidential Uses. Commercial, office, or industrial projects may request a reduction in the minimum number of parking spaces required, provided they include one (1) or more of the following parking reduction programs, as described in EGMC Section 23.58.060:

Facilities and programs;

ii.

Preferred carpool/vanpool parking spaces;

iii.

Long-term bicycle parking facilities;

iv.

Proximity to alternative transportation modes;

Shared parking; and

vi.

Vehicle park-and-ride lot requirements at shopping centers.

All or a portion of the minimum number of off-street parking spaces required by this title may be provided on-street when, as determined by the City, all of the following are true:

The parking provided on-street is located within a reasonable distance of the use or establishment that the on-street parking serves.

On-street parking at the designated location is already permitted and/or is supported by the City Engineer.

The on-street parking is located in a commercial area and not within a single-family residential neighborhood.

Approving Authority. The designated approving authority for all special parking permits shall be the Community Development Director. The Community Development Director approves or denies the special parking permit in accordance with the requirements of this title. Pursuant to EGMC Section 23.14.050, should a special parking permit be considered concurrently with other permits, all project permits shall be processed concurrently and final action shall be taken by the highest-level designated approving authority for all requested permits.

Submittal Requirements. The application for a special parking permit shall be made on a form as prescribed by the Community Development Department and shall be accompanied by the information identified on the form. The City may require a parking demand study, conducted by a licensed traffic engineer or other transportation professional satisfactory to the Community Development Director, be prepared as part of an application submittal when, at the discretion of the Community Development Director, such a study would provide necessary technical information in order to adequately review the request.

Findings. A request for a special parking permit shall be granted only if the approving authority makes the following findings:

A reduction is justified based on characteristics of the uses, hourly parking demand studies published by the Urban Land Institute, or other appropriate information demonstrating that sufficient parking capacity will exist to accommodate uses as determined by the approving authority.

For any other circumstance where the applicant wishes to request a special parking permit, such permit may be granted where the review authority finds that:

The intent of the parking regulations, in compliance with all other applicable provisions of this title, is met; and

Sufficient parking would be provided to serve the use intended and potential future uses of the subject parcel.

(Ord. 8-2011 § 8(D), eff. 6-24-2011; Ord. 12-2012 § 3, eff. 7-27-2012; Ord. 15-2014 § 3 (Exh. A), eff. 8-22-2014; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 14-2017 § 3 (Exh. C), eff. 6-23-2017; Ord. 6-2019 § 3 (Exh. A), eff. 4-26-2019; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.16.040 Variance.

Purpose and Applicability. In accordance with Section 65906 of the California Government Code, a variance request allows the City to grant exception to the development standards and provisions of this title in cases where, because of special circumstances applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts. A variance approval is required to grant exception from any of the development standards and provisions of this title. Variance applications may not be granted for uses or activities not otherwise permitted by zoning district regulations.

Approving Authority. The designated approving authority for a variance is the Planning Commission. The Community Development Director provides a recommendation and the Planning Commission approves, conditionally approves, or denies the variance in accordance with the requirements of this title.

Findings. The Planning Commission may approve and/or modify any variance application in whole or in part, with or without conditions, only if the applicant can demonstrate to the Planning Commission that the circumstances of their particular case can justify making all of the following findings:

That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning district classifications.

That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use zoning district in which such property is located.

That granting the variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.

That granting the variance is consistent with the objectives of the General Plan and this title.

Conditions. The Planning Commission may impose conditions for the variance to ensure compliance with this section and other applicable provisions of this title.

Repealed by Ord. 8-2011.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 8-2011 §§ 8(E), (F), eff. 6-24-2011; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.16.050 Temporary use permit.

Purpose and Applicability. The purpose of a temporary use permit is to provide a mechanism for review and determination of proposed qualifying short-term activities (as described in EGMC Chapter 23.92) that do not constitute a land use of sufficient magnitude or longevity to require a permanent land use approval, and to ensure that such activities are consistent with the General Plan and provisions of this title. A temporary use permit is required prior to the construction or operation of any facilities or uses associated with any activity that requires authorization of a temporary use permit. Also see temporary use provisions in EGMC Chapter 23.92, Temporary Uses, and permanent outdoor use provisions in EGMC Chapter 23.86, Outdoor Sales, Display, Storage, and Seating.

Approving Authority. The designated approving authority for temporary use permits is the Community Development Director. The Community Development Director approves, conditionally approves, or denies the temporary use permit in accordance with the requirements of this title.

Findings. A temporary use permit shall be granted only when the designated approving authority finds that the proposed activity complies with all of the following criteria:

The establishment, maintenance or operation of the temporary use shall not be detrimental to the public health, safety, or welfare of the persons residing or working in the area proximate to the proposed use (e.g., excessive dust, noise, light, odor, or other objectionable characteristics).

The temporary use is in conformance with applicable provisions of this title and other regulations of the City, including but not limited to fire access and prevention, security provisions, and access to necessary water and sewer services.

Measures for removal of the use and site restoration have been required.

Conditions. The designated approving authority may place conditions on the temporary use permit including, but not limited to, hours of operation, the establishment of operating buffers, landscaping and maintenance, lighting, security, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, and reimbursement agreement(s) for special City services such as public works and police.

Extension of an Existing Temporary Use Permit. An existing temporary use permit, which was originally permitted for a period of less than thirty (30) days, may be extended for no more than five (5) additional days, subject to the issuance of a revised temporary use permit by the designated approving authority. The request for the permit extension shall be made prior to the expiration of the original permit. Any request for extension made after the expiration of the original permit shall constitute a request for a new temporary use permit.

Request for a Temporary Use Permit for Term Limit Longer Than Otherwise Allowed. Applicants seeking a temporary use permit for a time period longer than otherwise allowed by this title must submit for a minor use permit for said activity; provided, that it complies with the relevant development and operational standards provided in EGMC Chapter 23.92. Approval of the minor use permit shall be in accordance with the permit requirements for minor use permits as identified in EGMC Section 23.16.070. The minor use permit shall specify a maximum duration for which the permit is valid, after such time the use shall be discontinued.

Revocation. A temporary use permit may be revoked by the City pursuant to the procedures of EGMC Section 23.20.020 (Revocation).

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 8-2011 § 8(G), eff. 6-24-2011; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.16.060 Minor use permit.

Repealed by Ord. 8-2011.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 16-2009 § 3, eff. 9-25-2009)

§ 23.16.065 Reasonable accommodation.

Purpose and Intent. The purpose of allowing reasonable accommodation(s) is to provide a process for individuals with disabilities to make requests for reasonable accommodation(s) for relief from the various land use, zoning, or rules, policies, practices, and/or procedures of the City. It is the policy of the City, pursuant to the Federal Fair Housing Act (as amended), to provide people with disabilities reasonable accommodation(s) in rules, policies, and procedures that may be necessary to ensure equal access to housing.

Requesting Reasonable Accommodation(s).

In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation(s) relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the City.

If an individual needs assistance in making the request for reasonable accommodation(s) or appealing a determination regarding reasonable accommodation(s), the Community Development Director will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant.

A request for reasonable accommodation(s) with regard to City regulations, rules, policies, practices, and/or procedures may be filed on an application form provided by the Community Development Director at the time that the accommodation may be necessary to ensure equal access to housing.

Required Information. The applicant shall provide the following information when requesting reasonable accommodation(s). This information shall be made part of the public record for the project and subject to all applicable State and Federal laws for public access to records.

A completed City application indicating, among other things, the applicant’s name, address, and telephone;

Address of the property for which the request is being made;

The current actual use of the property;

The EGMC Title 23 provision, regulation, or policy from which reasonable accommodation(s) is being requested;

The basis for the claim that the person(s) for whom the reasonable accommodation(s) is/are sought is/are considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing available to the person(s);

Such other relevant information as may be requested by the Community Development Director as the Director reasonably concludes is necessary to determine whether the findings required by subsection (F) of this section (Required Findings for Reasonable Accommodation(s)) can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individual(s) affected.

Approving Authority and Approval Process.

The Community Development Director shall have the authority to consider and take action on requests for reasonable accommodation(s). When a request for reasonable accommodation(s) is filed with the Community Development Department, it will be referred to the Community Development Director for review and consideration as a ministerial action unless determined otherwise by the Community Development Director. A request for reasonable accommodation(s) shall be considered ministerial in nature when it is related to a physical improvement that cannot be constructed to conform to the City’s setbacks or design standards. Typical improvements considered to be “ministerial” in nature would include ramps, walls, handrails, or other physical improvements necessary to accommodate a person’s disability. The Community Development Director shall issue a written determination of his or her action within fifteen (15) days of the date of receipt of a completed application and may:

Grant or deny the accommodation request; or

Grant the accommodation request subject to specified nondiscriminatory condition(s); or

Forward the request to the Planning Commission for consideration as a conditional use permit and subject to the findings stated in subsection (F) of this section (Required Findings for Reasonable Accommodation(s)).

In the event the Community Development Director determines that the request for reasonable accommodation(s) is nonministerial in nature, such request shall be forwarded to the Planning Commission in accordance with EGMC Section 23.16.070, conditional use permit, and shall be subject to the findings stated in subsection (F) of this section (Required Findings for Reasonable Accommodation(s)).

All written determinations of actions of the Community Development Director shall give notice of the right to appeal and the right to request reasonable accommodation(s) on the appeals process (e.g., requesting that City staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.

If necessary to reach a determination or action on the request for reasonable accommodation(s), the Community Development Director may request further information from the applicant specifying in detail what information is required. In the event a request for further information is made, the fifteen (15) day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request.

Considerations.

The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one (1) or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

Whether the requested accommodation will affirmatively enhance the quality of life of one (1) or more individuals with a disability;

Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;

In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of this title:

Whether the requested accommodation would fundamentally alter the character of the neighborhood;

Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable specific plan;

In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

Required Findings for Reasonable Accommodation(s). In making a determination regarding the reasonableness of a requested reasonable accommodation(s), the approving authority shall make the following findings:

The housing which is the subject of the request for reasonable accommodation(s) will be used for an individual protected under the Fair Housing Act.

The request for reasonable accommodation(s) is necessary to make specific housing available to an individual protected under the Fair Housing Act.

The requested reasonable accommodation(s) does not impose an undue financial or administrative burden on the City and does not fundamentally alter City zoning, development standards, policies, or procedures.

The requested accommodation will not result in a fundamental alteration in the nature of the City’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law.

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

(Ord. 8-2011 § 8(I), eff. 6-24-2011; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.16.070 Conditional use permit and minor conditional use permit.

Purpose and Applicability. The purpose of the use permit is for the individual review of uses typically having unusual site-development features or operating characteristics, to ensure compatibility with surrounding areas and uses. A use permit is required for all uses specifically identified in this title as requiring such a permit. There are two (2) types of use permits: conditional use permit and minor conditional use permit.

Approving Authority. The designated approving authority of use permits (both conditional and minor conditional) is listed below:

Conditional Use Permit. The designated approving authority for a conditional use permit is the Planning Commission. The Community Development Director provides a recommendation and the Planning Commission approves, conditionally approves, or denies the conditional use permit in accordance with the requirements of this title.

Minor Conditional Use Permit. The designated approving authority for a minor use permit is the Zoning Administrator. The Community Development Director provides a recommendation and the Zoning Administrator approves, conditionally approves, or denies the minor conditional use permit in accordance with the requirements of this title.

The Zoning Administrator may elevate a minor conditional use permit pursuant to the provisions of EGMC Section 23.14.050(B) (Community Development Director/Zoning Administrator Elevations).

Findings. Conditional and minor conditional use permits are quasi-judicial and shall be granted only when the approving authority determines that the proposed use or activity complies with all of the following findings:

The proposed use is consistent with the General Plan and all applicable provisions of this title.

The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or the general welfare of the City.

Conditions/Guarantees. The approving authority may impose conditions and/or require guarantees for the conditional use permit and minor conditional use permit to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood.

Repealed by Ord. 8-2011.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 8-2011 § 8(J), eff. 6-24-2011; Ord. 27-2013 § 5, eff. 2-7-2014; Ord. 31-2014 § 3 (Exh. A), eff. 2-13-2015; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.16.080 Design review.

Purpose and Intent. The purpose of the design review process is to promote the orderly and harmonious growth of the City; to encourage development in keeping with the desired character of the City; to ensure physical, visual, and functional compatibility between uses; and to help prevent the depreciation of land values by ensuring proper attention is given to site and architectural design. This permit is intended to provide a process for consideration of development proposals in which the site, architectural, and overall project design are substantially improved by, and provides a City benefit with, the consideration of modifications to the conventional development regulations of the underlying zoning district under special circumstances. However, the flexibility does not apply to use of the land in that only those uses permitted within the underlying zoning district are allowed.

Design Review Applicability. There are seven (7) types of design review as described below:

Master Home Plan Design Review. A master home plan design review is required for master home plans for single-family residential subdivisions.

Outdoor Activity Design Review. An outdoor activity design review is required for permanent outdoor storage and service uses and permanent and seasonal outdoor seating as described in EGMC Chapter 23.86, Outdoor Sales, Display, Storage, and Seating.

Minor Design Review. A minor design review permit is required for the following items:

New construction of a multifamily residential building or structure with fewer than one hundred fifty (150) units;

New construction of a mixed-use or nonresidential building or structure less than ten thousand (10,000 ft²) square feet (e.g., commercial, office, industrial, public/quasi-public);

Additions of more than one thousand (1,000 ft²) square feet and less than ten thousand (10,000 ft²) square feet to multifamily residential buildings or structures or nonresidential buildings or structures;

The exterior remodel of multifamily residential buildings or structures or mixed-use and nonresidential buildings or structures when not substantially consistent with existing improvements or approved plans as determined by the Community Development Director;

Accessory buildings exceeding eight hundred (800 ft²) square feet in RD zones as provided in EGMC Chapter 23.46 (Accessory Structures);

Nonrequired fences in accordance with EGMC Chapter 23.52;

Modification of nonconforming structures in accordance with EGMC Section 23.84.020; and

Other items identified in this title.

Major Design Review. A major design review permit is required for the following items:

New construction of a multifamily residential building or structure with one hundred fifty (150) or more units;

New construction of a single nonresidential building or structure, or multiple buildings or structures within a single shopping center complex, comprising ten thousand (10,000 ft²) square feet or more (e.g., commercial, office, industrial, public/quasi-public);

Additions of a single multifamily residential or nonresidential building or structure, or multiple multifamily residential buildings or structures within a multifamily complex, or multiple nonresidential buildings or structures within a single shopping center complex, comprising ten thousand (10,000 ft²) square feet or more;

Other items identified in this title.

Subdivision Design Review. A subdivision design review is required for:

Any tentative subdivision map; and

Any tentative parcel map located within the Livable Employment Area Community Plan.

District Development Plan Design Review. A district development plan design review is a process reserved for larger nonresidential or mixed-use development areas that will be developed in phases over time. A district development plan provides overall site plan approval and establishes development elements including, but not limited to, pedestrian improvements, signage, landscaping, internal setbacks, lighting, building architecture design parameters, and other features that are common across the site. Examples of applicable projects include, but are not limited to, hospitals, village centers, and large retail complexes. A district development plan design review may be combined with major design review for the architecture of initial phase development. All subsequent development within the boundaries of an approved district development plan shall be consistent with the district development plan. District development plans shall not be subject to the time limits of EGMC Section 23.18.020 unless specified as a condition of approval.

Capital Improvement Program Design Review. A capital improvement program (CIP) design review is required for any activity that otherwise requires design review pursuant to this section but is a project under the City’s capital improvement program (CIP).

Exemptions. The following structures are exempt from design review (major and minor). However, such structures may require additional permits, such as a ministerial building permit, to ensure compliance with adopted building code standards and applicable Zoning Code provisions.

Single-family custom homes;

Additions to or the exterior remodels of single-family residential homes;

Additions to multifamily residential buildings or structures that are less than one thousand (1,000 ft²) square feet in footprint size when consistent with existing style, materials, and colors of existing structures as determined by the Community Development Director;

Additions to nonresidential buildings or structures that are less than one thousand (1,000 ft²) square feet in footprint size when consistent with existing style, materials, and colors of existing structures as determined by the Community Development Director;

Accessory structures located on property in which the primary use is residential, consistent with the provisions of EGMC Chapter 23.46, Accessory Structures;

Accessory structures located on property in which the primary use is nonresidential, and which meets at least one (1) of the following requirements:

Accessory structures less than one hundred twenty (120 ft²) square feet in floor area and less than eight (8' 0") feet in height, which are located outside of the required setbacks for the underlying zoning district;

Accessory structures that meet all of the following minimum requirements:

Are less than five hundred (500 ft²) square feet in floor area, with a height not exceeding the lesser of A) less than sixteen (16' 0") feet, or B) less than the total height of the tallest primary structure on the site; and

ii.

Are located outside of the required setbacks for the underlying zoning district; and

iii.

Are constructed of colors/materials consistent with the existing primary structure(s) on the site, as determined by the Community Development Director;

Accessory structures that meet all of the following minimum requirements:

Are less than one thousand (1,000 ft²) square feet in floor area, with a height not exceeding the lesser of A) less than sixteen (16' 0") feet, or B) less than the total height of the tallest primary structure on the site; and

ii.

Are located outside of the required setbacks for the underlying zoning district; and

iii.

Are painted to match the existing primary structure(s) on the site, as determined by the Community Development Director; and

iv.

Are obstructed from public view from any public right-of-way and/or adjacent residential or open space properties by existing structures on site;

Repairs and maintenance to the site or structure that do not add to, enlarge, or expand the area occupied by the land use, or the floor area of the structure, and that employ the same materials and design as the original construction;

Interior alterations that do not increase the gross floor area within the structure, or change/ expand the permitted use of the structure (including solar collectors); and

Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment);

10.

Projects which qualify for affordable housing streamlined approval projects pursuant to EGMC Chapter 23.17.

Approving Authority. The designated approving authorities for the seven (7) types of design review are listed in Table 23.14-1 (Approval Authority). For any design review process not specifically identified in subsection (B) of this section (Design Review Applicability), the Planning Commission shall be the designated approving authority. The following notes apply to the table:

Where the Community Development Director is identified as the designated approving authority for a design review, the Community Development Director may elevate the matter to the Zoning Administrator if the Community Development Director determines that the application could not be simply approved without conditions or denied or if the Community Development Director determines that because of location, size, or design the project warrants a hearing before the Zoning Administrator. In such instances, the permit shall be processed pursuant to the provisions of EGMC Section 23.14.050(B) (Community Development Director/Zoning Administrator Elevations).

Where the Zoning Administrator is identified as the designated approving authority for a design review, the Zoning Administrator shall approve, approve with conditions, or deny applications for minor design after making the necessary findings. The Zoning Administrator may elevate a minor design review permit to the Planning Commission for review and consideration if the Zoning Administrator determines that because of location, size, or design the project warrants a hearing before the Planning Commission. In such instances, the permit shall be processed pursuant to the provisions of EGMC Section 23.14.050(B) (Community Development Director/Zoning Administrator Elevations).

Where the Planning Commission is identified as the designated approving authority for a design review, the Planning Commission shall approve, approve with conditions, or deny applications for major design review after making the necessary findings.

Where the City Council is identified as the designated approving authority for a design review, the City Council shall approve, approve with conditions, or deny applications for major design review after making the necessary findings.

Procedure. The procedures for design review shall be as provided in EGMC Chapter 23.14 (General Application Processing Procedures), except as provided below:

Master Home Plan Design Review and Outdoor Activity Design Review. No public hearing or notice shall be required.

Minor Design Review, Major Design Review, Subdivision Design Review, District Development Plan Design Review, and CIP Design Review. A public hearing shall be required and public notice shall be provided as specified in EGMC Section 23.14.040, Public hearing for quasi-judicial and legislative permits and entitlements.

Findings. A design review permit or any modification thereto shall be granted only when the designated approving authority makes all of the following findings:

The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, specific plan provisions, special planning area provisions, Citywide and/or other applicable design guidelines, and improvement standards adopted by the City;

The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community;

The architecture, including the character, scale and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements establishes a clear design concept and is compatible with the character of buildings on adjoining and nearby properties;

The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation; and

For residential subdivision design review applications, the residential subdivision is well integrated with the City’s street network, creates unique neighborhood environments, reflects traditional architectural styles, and establishes a pedestrian friendly environment.

Conditions. As part of any discretionary design review approval (i.e., minor design review, major design review, district development plan design review, CIP design review), the designated approving authority may modify plans in whole or in part and condition the design review permit to ensure specific design features, construction materials, and conformance with all applicable provisions of this title. If a ministerial design review application (i.e., master home plan design review, outdoor activity design review) cannot be approved without the application of conditions of approval, then the Community Development Director shall elevate the project to a minor design review consistent with subsection (D) of this section (Approving Authority).

Deviations from Standards. As part of any discretionary design review approval (i.e., minor design review, major design review, subdivision design review, district development plan design review, CIP design review), the designated approving authority may approve deviations from the development standards in this title and other portions of this code, and applicable design guidelines; provided, that the approving authority makes a finding that the deviation improves the usability of the site and its relationship to surrounding development, including but not limited to pedestrian and vehicular movement and accessibility, architectural design, and landscaping and site amenities or otherwise does not impact the usability of the site or negatively impact adjoining property. Allowed deviations shall be limited to standards that affect the layout of the site, including, but not limited to, setbacks, height, and landscaping. Deviations from minimum lot size and signage standards shall be specifically prohibited. Any deviation to Citywide improvement standards shall be reviewed and decided by the Public Works Director pursuant to EGMC Section 22.20.010(D).

(Ord. 8-2011 § 8(K), eff. 6-24-2011; Ord. 27-2013 § 5, eff. 2-7-2014; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 14-2017 § 3 (Exh. C), eff. 6-23-2017; Ord. 6-2019 § 3 (Exh. A), eff. 4-26-2019; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020; Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021; Ord. 12-2022 § 3 (Exh. A), eff. 6-24-2022; Ord. 13-2025 § 3 (Exhs. E, F), eff. 7-25-2025)

§ 23.16.085 Clustered development permit.

Purpose. The purpose of the clustered development permit review process is to promote integrative site design based on the natural features and topography of a development area; to protect environmentally sensitive areas of a development site, such as woodlands, grasslands, wetlands, and stream corridors; and to preserve other natural or cultural features on a development site, such as prime agricultural land, open space, and historic and cultural resources.

Applicability. A clustered development shall be permitted in any zoning district consistent with General Plan policy upon the granting of a clustered development permit, except that in the case of a development site having two or more zoning district designations, the project shall not be eligible to apply for a clustering permit and shall instead be designated and reviewed as a special planning area, pursuant to EGMC Section 23.40.020.

General Provisions.

The maximum residential density and/or maximum nonresidential floor area ratio (FAR) (where applicable) for a clustered development shall not exceed the density and/or FAR normally permitted for the entire gross site area under the regulations for the applicable base zoning district.

A clustered development permit shall not modify or otherwise restrict the uses allowed, conditionally allowed, or prohibited within the applicable base zoning district.

Development standards applicable for residential lots created under a clustered development permit shall be those most similar to the zoning district corresponding to the resulting lot size. For example, a project with median lot size of five thousand two hundred (5,200) square feet may be implemented by the RD-5 zoning standards. Modifications to these standards may be permitted by the designated approving authority. The clustered development permit shall clearly state the standards applicable to the project.

Open space or other preserve area maintained by a clustered development, excluding private residential open space, shall be conveyed in one of the following manners:

To the City of Elk Grove or the Cosumnes Community Services District (CCSD), and accepted by that entity for open space or similar purposes. The conveyance shall be in a form approved by the City or the CCSD, and shall be approved by City Council or CCSD Board, as applicable. In such instances where the City will accept the property a funding mechanism shall be identified to maintain the property in perpetuity. Such funding mechanisms may include, but are not limited to, an endowment in an amount as determined by the accepting agency and provided by the entity developing the project area.

To a nonprofit organization whose principal purpose is the conservation of agricultural land or open space. The conveyance shall be in a form approved by the City and the organization’s governing board. The applicant shall demonstrate that the nonprofit has the funds to maintain the property in perpetuity.

To a corporation or trust owned by the owners of lots or dwelling units within the clustered development, or to the homeowners association of a condominium development. Ownership in the corporation or trust shall pass with the conveyances of the lots or dwelling units. The conveyance shall be in a form approved by the City and the governing body of the owners of lots or dwelling units. A deed restriction shall be recorded that provides that the open space shall be kept in the authorized condition and shall not be developed in perpituity. The corporation must demonstrate that it has the funds to maintain the property in perpetuity.

Procedure.

Designated Approving Authority. The designated approving authority for a clustered development permit is the Planning Commission. The Community Development Director provides a recommendation and the Planning Commission approves, approves with conditions, or denies the clustering permit in accordance with the requirements of this title. However, in cases in which the City Council is the designated approving authority for associated entitlements or permits that are bundled with a clustered development permit pursuant to EGMC Section 23.14.050, the City Council shall be the approval authority for the clustered development permit.

Conditions of Approval. The designated approving authority may apply such special conditions to its approval of the clustered development as may be required to promote the objectives and purposes of the General Plan and the zoning and subdivision titles of the Municipal Code.

Findings. A clustered development permit is discretionary and shall be granted only when the designated approving authority determines that the proposed use or activity complies with all of the following findings:

Infrastructure capacity is available for the proposed density and/or intensity of use.

On-site resource protection is appropriate and consistent with General Plan policies.

The architecture and scale of development are appropriate for and consistent with the intended character of the area.

Development rights for the open space, or other preserve area, are permanently dedicated and appropriate long-term management, with funding, provided in perpetuity.

(Ord. 6-2019 § 3 (Exh. A), eff. 4-26-2019; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.16.090 Specific plans.

Purpose. The purpose of a specific plan is to provide a vehicle for implementing the City’s General Plan on an area-specific basis. The specific plan is intended to serve as a regulatory document, consistent with the General Plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable provisions of this title, the specific plan shall prevail. This section is consistent with Sections 65450 through 65457 of the California Government Code.

Applicability. The City’s General Plan encourages preparation of specific plans and identifies certain areas of the City which require specific plans for development. Specific plan zoning may be considered for other areas of the City.

Approving Authority. The designated approving authority for specific plans is the City Council. The Community Development Director and Planning Commission provide recommendations and the City Council approves, conditionally approves, or denies the specific plan in accordance with the requirements of this title.

Contents. Specific plans shall contain all of the following information in text and diagrams as required by Sections 65451 and 65452 of the California Government Code. The Community Development Director may prepare guidelines for the preparation of specific plans consistent with the General Plan.

Statement of the relationship of the specific plan to the General Plan.

The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan.

The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.

Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the plan.

Other subjects which in the judgment of the City are necessary or desirable for implementation of the General Plan, including but not limited to parking and circulation, proposed conservation, open space, and/or recreation areas, and other guidelines or standards applicable to the specific plan area.

Environmental Review. It is anticipated, under the California Environmental Quality Act and Guidelines, that most specific plans will require preparation of an environmental impact report. Once certified, the EIR for a specific plan may be relied upon for further entitlements sought subsequent to adoption of the specific plan. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared. In the event that a supplement to the EIR is determined not to be necessary, a negative declaration or mitigated negative declaration shall be prepared.

Findings. Specific plans and any amendment thereto shall be approved/adopted only when the City Council makes the finding that the proposed specific plan is consistent with the General Plan goals, policies, and implementation programs. The City Council shall also make any other findings for amendments as required by the specific plan itself.

Form of Adoption. If a specific plan contains zoning regulations, including but not limited to regulations of density and intensity of development, allowed uses, setback and height standards, signage regulations, or other development standards, such plan shall be adopted by ordinance as provided in Sections 65453 and 65850 of the California Government Code. Otherwise, a specific plan shall be adopted by resolution as provided in Section 65453 of the California Government Code.

Delineation of Specific Plan Areas. To the extent that a specific plan contains zoning regulations and is adopted by ordinance, the City zoning map shall delineate, in a manner similar to that of any other zoning district, the boundaries of the specific plan area and may illustrate the land plan as provided in the specific plan. Where there are conflicts between this title and the specific plan, the specific plan shall prevail. See EGMC Section 23.40.010, Specific plan district.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 8-2011 §§ 8(L), (M), eff. 6-24-2011; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 6-2019 § 3 (Exh. A), eff. 4-26-2019; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.16.100 Special planning area.

Purpose. The special planning area (SPA) process is established as a process whereby the City Council or the Planning Commission may initiate proceedings to regulate property in areas throughout the City that have unique environmental, historic, architectural, or other features which require special conditions not provided through the application of standard zone regulations. The purpose of this section is to establish a procedure to initiate or amend special planning areas and does not amend any existing special planning areas automatically. It is recognized that in certain circumstances it may be desirable to provide for a greater range or mixture of uses in an area than would be permitted in the standard land use zones of this title. It is the purpose of this section to provide the method for the City to guide the development of such areas so as to preserve such unique characteristics or provide for a broader mixture of land uses when appropriate.

Designation. The abbreviation SPA appearing on the zoning map incorporated in EGMC Section 23.40.020, Special planning area district, indicates that the property so classified is subject to the provisions of this section and an ordinance adopted pursuant to this section.

Initiation of Special Planning Area Zoning. Proposals to prepare a special planning area may be initiated by the City of Elk Grove or by any person in the same manner as a zoning amendment as provided in this title.

Mandatory Contents of SPA Ordinance. An SPA zone shall be established by ordinance, and each SPA ordinance shall set forth in text, maps, and diagrams the following items, at the level of detail appropriate for the SPA submittal:

A list of permitted, conditionally permitted, and prohibited uses.

Performance and development requirements relating to yards, lot area, intensity of development on each lot, parking, landscaping, and signs.

Other design standards appropriate for the specific site and development.

Reasons for establishment of the SPA land use zone on the particular property.

Optional Contents of SPA Ordinance. Additional contents may be required as determined by the Community Development Director including, but not limited to, the following:

Regulations relating to nonconforming lots, uses, structures, and signs.

Time, phasing, and sequence of development projects.

Infrastructure plan.

Circulation plan.

Findings. Prior to adopting an SPA ordinance, the City Council shall make the following findings:

That the proposed special planning area is consistent with the goals, policies, and objectives of the General Plan; and

That the proposed special planning area meets the requirements set forth in this title; and

That the proposed special planning area is needed because the project is not possible under the existing zoning requirements.

Application for Amendment to the SPA Land Use Zone. The procedures for amending an SPA land use zone shall be the same as for any amendment to this title, as set forth in EGMC Section 23.16.110, including the necessary findings in subsection (F) of this section.

Application of SPA Development Requirements. Where specific conditions of the SPA are in conflict with the development standards in EGMC Title 23, the conditions of the SPA shall apply. Where a standard is not addressed in the SPA, this title shall apply.

(Ord. 8-2011 § 8(N), eff. 6-24-2011; Ord. 12-2014 §§ 3(A), (B), eff. 7-11-2014; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exhs. E, F), eff. 7-25-2025)

§ 23.16.110 Zoning amendments (text and map).

Purpose. The purpose of a zoning amendment is to allow modification to any provisions of this title (including the adoption of new regulations or deletion of existing regulations) or to change the zoning designation on any parcel(s). This section is consistent with Section 65853 of the California Government Code.

Approving Authority. The designated approving authority for zoning amendments is the City Council. The Community Development Director and Planning Commission provide recommendations and the City Council approves or denies the zoning amendment in accordance with the requirements of this title.

Initiation of Amendment. A zoning amendment to this title may be initiated by motion of the Planning Commission or City Council, by application by property owner(s) of parcel(s) to be affected by zoning amendment, or by recommendation of the Community Development Director to clarify text, address changes mandated by State law, maintain General Plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the City.

Findings for Zoning Amendment (Text or Map). Zoning amendments shall be granted only when the City Council makes the following findings:

The proposed zoning amendment (text or map) is consistent with the General Plan goals, policies, and implementation programs.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 8-2011 § 8(O), eff. 6-24-2011; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.16.115 Community plan (establishment and amendment).

Purpose. The City Council may establish one or more community plans, which provide policies and standards for a particular geographic area of the City.

Format and Content. A community plan shall be adopted by resolution as part of the City’s General Plan. Each community plan shall include, in text and/or graphics, the following subject matters:

The general distribution, location, and extent of uses of land for housing, business, industry, open space, and other categories of public and private uses of land.

The general location and extent of major thoroughfares, transportation routes, terminals, and other local public utilities and facilities as warranted.

Policies for the provision of housing as determined necessary by the City.

Policies for the conservation, development, and utilization of natural resources and open spaces, as determined necessary by the City.

Policies addressing noise and safety, as determined necessary by the City.

Approving Authority. The designated approving authority for community plans, and amendments thereto, is the City Council. The Community Development Director and Planning Commission provide recommendations and the City Council approves or denies the community plan amendment in accordance with the requirements of this title.

Initiation of Community Plan or Amendment Thereto. A community plan, or an amendment to an existing community plan, may be initiated by motion of the Planning Commission or City Council, by application by property owner(s) of parcel(s) to be affected by community plan, or by recommendation of the Community Development Director.

Findings.

In adopting a new community plan, the City Council shall make the following finding:

The community plan is consistent with the General Plan goals, policies, and implementation programs.

In adopting an amendment to an existing community plan, the City Council shall make all of the following findings:

The amendment to the community plan is consistent with the General Plan goals, policies, and implementation programs; and

The amendment to the community plan is internally consistent to the community plan.

(Ord. 12-2014 § 3(C), eff. 7-11-2014; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.16.120 General Plan amendments (text and map).

Purpose. The purpose of a General Plan amendment is to allow for modifications to the General Plan text (e.g., goals, policies, or implementation programs) or to change the General Plan land use designation on any parcel(s). This section is consistent with Section 65358 of the California Government Code and applies to the original land use designation of property authorized by LAFCO for annexation in the City boundaries.

Approving Authority. The designated approving authority for General Plan amendments is the City Council. The Community Development Director and Planning Commission provide recommendations and the City Council approves, conditionally approves, or denies the General Plan amendment in accordance with the requirements of this title.

Frequency of Amendment. Pursuant to Section 65358 of the Government Code, no mandatory element of the General Plan may be amended more frequently than four (4) times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan.

Initiation of Amendment. A General Plan amendment to this title may be initiated by motion of the Planning Commission or City Council, by application by property owner(s) of parcel(s) to be affected by General Plan amendment, or by recommendation of the Community Development Director to clarify text, address changes mandated by State law, maintain internal General Plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the City.

Findings for General Plan Amendment (Text or Map). In the event that a General Plan amendment is requested by a private property owner, the applicant shall demonstrate to the City Council that there is a substantial benefit to be derived from the amendment.

Repealed by Ord. 8-2011.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 8-2011 § 8(P), eff. 6-24-2011; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

§ 23.16.130 Prezoning.

Purpose. The purpose of prezoning is to establish the designation of land use by zoning district for unincorporated property adjoining the City, within the sphere of influence. This section is consistent with Section 65859 of the California Government Code.

Procedure. The procedure, review, and action are the same as that established for a zoning amendment pursuant to EGMC Section 23.16.110, Zoning amendments (text and map).

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 8-2011 § 8(Q), eff. 6-24-2011)

§ 23.16.140 Development agreements.

Purpose. This section is adopted in compliance with the provisions of Sections 65864 through 65869.5 of the California Government Code. The City Council finds and declares the use of development agreements is beneficial to the public, in that:

Development agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.

Development agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.

Development agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.

Approving Authority. The designated approving authority for development agreements is the City Council. The Planning Commission shall hold a public hearing on the proposed development agreement and make a recommendation to the City Council.

Findings. A development agreement may only be granted when the City Council makes all of the following findings:

The development agreement is consistent with the General Plan objectives, policies, land uses, and implementation programs and any other applicable specific plans.

The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole.

The development agreement will promote the orderly development of property or the preservation of property values.

Approval of Development Agreement. A development agreement is a legislative act and shall be approved by the City Council by ordinance. The City Manager shall execute any development agreement approved by the City Council.

Recordation and Filing of Agreement. Within ten (10) days after the effective date of a development agreement or any amendment thereof, the City Clerk shall have the agreement or amendment recorded with the County Recorder. Additionally, the City Clerk shall be the official custodian of the agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the agreement.

Amendment or Cancellation.

Either party may propose an amendment to or cancellation in whole or in part of any development agreement. Any amendment or cancellation shall be by mutual consent of the parties. The procedure for proposing and adopting an amendment to, or the canceling in whole or in part of, the development agreement shall be the same procedure for entering into an agreement as set forth in this section.

Any amendment to the development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity of use, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design, improvement, construction standards or any other condition or covenant relating to the property, shall not require a noticed public hearing before the parties may execute an amendment to the agreement.

Periodic Review. The Community Development Director shall review the development agreement every twelve (12) months from the date the agreement is entered into and provide a written report to the City Council. The burden of proof is on the applicant to provide necessary information verifying compliance with the terms of the agreement. The applicant shall also bear the cost of such review in accordance with the fee established by City Council resolution. If the Community Development Director finds that any aspect of the development project is not in strict compliance with the terms of the agreement or may warrant consideration by the approving authority(s), the Community Development Director may schedule the matter before the appropriate approving authority(s) for review.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exhs. E, F), eff. 7-25-2025)

§ 23.18.010 Effective date.

Generally, the action to approve, conditionally approve, or deny a permit authorized by this title shall be effective on the eleventh (11th) day after the date of action, immediately following expiration of the ten (10) day appeal period. Legislative actions by the City Council (zoning amendment, General Plan amendment, specific plans, development agreements) become effective thirty (30) days from the date of final action and may not be appealed. In accordance with the California Civil Code and EGMC Section 23.12.030, Rules of interpretation, where the last of the specified number of days falls on a weekend or City holiday, the time limit of the appeal shall extend to the end of the next working day. Permit(s) shall not be issued until the effective date of required permit.

No application for a planning entitlement that has been denied shall be resubmitted within one (1) year from the date of final action, unless modified to address the basis for denial or when there is new evidence of proof of changed conditions found to be valid by the Planning Commission.

(Ord. 8-2011 § 9(A), eff. 6-24-2011)

§ 23.18.020 Permit time limits.

Except as otherwise provided in this title or EGMC Title 22, any administrative and quasi-judicial permit or approval, including but not limited to conditional use permits (all types), minor deviations, variances, and design reviews (all types) not exercised within three (3) years from the date of final approval shall expire and become null and void.

Notwithstanding subsection (A) of this section, any administrative and quasi-judicial permit, including but not limited to conditional use permits (all types), minor deviations, variances, and design reviews (all types) approved but not yet fully exercised as of November 28, 2021, shall be valid for a period of four (4) years from the date of final approval, and shall thereafter expire and become null and void if not exercised within that four (4) year period.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 3-2018 § 3 (Exh. C), eff. 4-13-2018; Ord. 21-2020 § 3, eff. 1-8-2021)

§ 23.18.030 Exercising permits.

The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s). Such exercise of a permit constitutes the vested right to complete the work authorized by the permit. A permit may be otherwise exercised by a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitute exercise of the permit. Finally, unless otherwise provided, permits that have not been exercised prior to a zoning amendment which makes the approved use or structure of the permit nonconforming shall automatically be deemed invalid on the effective date of the zoning amendment.

(Ord. 26-2006 § 3, eff. 8-11-2006)

§ 23.18.040 Permit to run with land.

Unless otherwise conditioned, land use and development permits and approvals granted pursuant to the provisions of this chapter shall be transferable upon a change of ownership of the site, business, service, use or structures; provided, that the use and conditions of the original permit or approval are fully complied with, and the project is not modified or enlarged/expanded.

(Ord. 26-2006 § 3, eff. 8-11-2006)

§ 23.18.050 Permit on site during construction.

A copy of all land use and development permits (including all corresponding stamped-approved plans) authorizing construction shall be kept on site at all times during construction.

(Ord. 26-2006 § 3, eff. 8-11-2006)

§ 23.18.060 Permit extension.

Any administrative or quasi-judicial permit or entitlement provided for in this title is eligible for an extension of time, provided the application for such extension is submitted at least sixty (60) days prior to the expiration of the original approval. The Zoning Administrator shall be the approval authority for such extensions. Upon a timely filing of an application for an extension of time, the permit or entitlement shall automatically be extended until the application for the extension is approved, conditionally approved, or denied. If, however, the permit or entitlement extension has not been brought forward for review by the Zoning Administrator within one hundred eighty (180) days of application for the extension, the permit or entitlement will be deemed expired. After the expiration of a permit or entitlement, the applicant will be required to reapply and pay the applicable fee(s) should they desire to move forward with their project. No grading permit, improvement plan, or building permit may be approved during the period between the expiration date of the original permit or entitlement and the approval of the extension of time. An extension of time may not be granted for more than thirty-six (36) months, but may be granted for a lesser time at the sole discretion of the Zoning Administrator. The permit or entitlement, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit or entitlement was initially approved and any other conditions deemed appropriate by the approving authority. The extension may be granted only when the Zoning Administrator finds that the original permit or entitlement findings can be made and that there is no change of circumstance or that there has been diligent pursuit to exercise the permit that warrants such extension.

As provided in EGMC Section 22.16.100, any entitlement, development permit, or other approval that would expire pursuant to this title or EGMC Title 22, but that was approved concurrently with and pertains to any approved tentative subdivision or parcel map, the expiration date of which was automatically extended by the provisions of Sections 66452.11 and 66452.13 of the California Government Code, or by the provisions of any other similar section that may periodically be added to the California Government Code, or was extended by action of the Zoning Administrator, shall be extended for the same period as that provided by said section for the approved tentative subdivision or parcel map to which it pertains.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 3-2018 § 3 (Exh. C), eff. 4-13-2018; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.20.010 Modification.

Any person holding a permit or entitlement granted under this title may request a modification or amendment to that permit or entitlement. For the purposes of this section, the modification of a permit or entitlement may include modification of the terms of the permit or entitlement itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit or entitlement.

If the Community Development Director determines that a proposed subsequent project action (e.g., building permit application) is not in substantial conformance with the original approval, the Community Development Director shall notify the applicant (or successor in interest) of the requirement to submit a permit modification application.

The approval authority for the modification or amendment of an existing permit or entitlement shall be the same as the original approval authority and may be submitted for consideration directly to that authority. A permit modification may be granted only when the approving authority makes all findings required for the original approval, and the additional finding that there are changed circumstances sufficient to justify the modification of the approval.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.20.020 Revocation.

Purpose. The purpose of this section is to provide for the revocation of any land use or development permit granted under this title.

Revocation or Modification of a Permit for Cause. A permit may be revoked or modified for cause as provided by the provisions of this section.

Grounds for Revocation. A permit may be revoked upon a finding of any of the following grounds:

The permit was obtained or extended by false, misleading or incomplete information.

One or more of the conditions upon which the permit was approved have been violated, or have not been complied with.

Initiation of Action. The revocation of a permit may be initiated by any of the City’s designated planning agencies as identified in EGMC Section 23.10.020, Composition of Elk Grove Planning Agency. The designated Planning Agency shall specify in writing to the permittee the basis upon which the action to revoke the permit is to be evaluated during the hearing to revoke.

Revocation Hearing.

A public hearing is required for any action to revoke a permit. The hearing shall be held by the original approving authority for the subject permit. The hearing shall be noticed in the same manner required for the granting of the original permit pursuant to EGMC Section 23.14.040, Public notices.

In its discretion, the designated approving authority may modify or delete the conditions of approval or add new conditions of approval in lieu of revoking a permit in order to address the issues raised by the revocation hearing. The action on the revocation is subject to appeal in accordance with the provisions of EGMC § 23.14.060, Appeals.

Voluntary Revocations. Notwithstanding any other provisions of this section, an applicant (or successor in interest) may request, and the designated approving authority may approve, revocation of all or any part of any land use or development permit granted under this title without having to make the findings provided in subsection (C) of this section.

(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.010 Purpose.

The purpose of this chapter is to provide for the implementation of various portions of the California Government Code by providing a streamlined review and approval process for qualifying housing projects.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.020 Special proceedings.

Notwithstanding the requirements of EGMC Chapters 23.14, 23.16, and 23.50, to the extent that any development project qualifies for one (1) or more of the streamlined review and approval processes provided by this chapter, where that same project concurrently applies for a density bonus or other developer incentives as provided by EGMC Chapter 23.50, the designated approving authority for the density bonus, concession, or other developer incentive shall be the same as the approval authority for the streamlined review and approval process.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.100 Purpose and qualifying housing developments.

The purpose of this article is to implement the provisions of Section 65913.4 of the California Government Code. This article shall only apply to qualifying housing developments. As used in this Article II, the term “qualifying housing developments” shall mean those housing developments which meet the qualifications listed in Section 65913.4(a) of the California Government Code.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.110 Exemptions from discretionary review.

Qualifying housing developments shall be subject to streamlined ministerial review hereunder and shall be exempt from all City nonlegislative discretionary review including, but not limited to, conditional use permit and discretionary design review; provided, that the project conforms with all applicable ministerial provisions of State law, this municipal code (inclusive of this article), and the General Plan. Qualifying housing developments shall only be required to obtain the approvals required by this Article II from the Zoning Administrator prior to issuance of the required building permit, grading permit, improvement plans, or other City-required construction authorization. This limitation does not apply to any required tentative and final subdivision map, tentative and final parcel map, lot line adjustment(s), or other changes in lot configuration governed by EGMC Title 22 (Land Division), except that any required tentative map proposed concurrently with the qualifying housing development shall be processed concurrently with that project. As provided in EGMC Section 22.04.030(C), the designated approving authority shall be the Zoning Administrator pursuant to EGMC Section 23.17.130(E).

The provisions of this chapter shall not apply to any project listed in EGMC Section 23.30.110(C)(1).

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.120 Objective development standards.

Notwithstanding EGMC Section 23.04.060, qualifying housing developments shall comply with all ministerial land use regulations, Citywide regulations, and development standards in effect at the time that the application is submitted as those standards are applicable to a residential multi-unit or mixed-use project within the zoning district in which the project is proposed including, but not limited to, residential density, setbacks, height, open yard, and screening requirements as described in this title.

No streamlined housing project shall include a request for an exception to these standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, open yard, land use, development plan approval, or similar development standard, other than modifications for which the development is eligible and granted as part of a density bonus, concession, or incentive pursuant to State Density Bonuses and Other Incentives Law (Section 65915 et seq. of the California Government Code) and EGMC Chapter 23.50.

Any lot developed with a qualifying streamlined development project hereunder shall comply with all adopted objective guidelines, design review standards, and development standards, including but not limited to the objective design standards for streamlined housing projects.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.130 Procedures.

Notice of Intent Required. Before submitting an application for a development subject to this article, the applicant shall submit to the City a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1 of the California Government Code as that section read on January 1, 2020. Upon receipt of the notice of intent to submit an application, the City shall engage in a scoping consultation regarding the proposed development with any California Native American tribe(s) traditionally culturally affiliated with the City. The scoping consultation shall be conducted pursuant to the provisions of Section 65913.4(b) of the California Government Code.

Public Comment Meeting. For qualifying housing developments that are proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty on the most recent “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development, within forty-five (45) days after receiving a notice of intent, as described in subsection (A) of this section, and before the applicant submits an application for the qualifying housing development, the City shall provide for a public meeting to be held by the City to provide an opportunity for the public and the City to comment on the development. The meeting shall occur at a regular meeting of the City Council. Comments may be provided by testimony during the meeting or in writing any time before the meeting concludes. The applicant shall attest in writing that it attended the public meeting and reviewed the public testimony and written comments from the meeting in its application for the qualifying housing development. If the City does not hold the meeting described herein within forty-five (45) days after receiving the notice of intent, the applicant shall hold a public meeting on the proposed development before submitting an application pursuant to this article.

Determination of Qualification. Upon completion of the notice of intent and scoping consultation, if the project is eligible to submit an application for streamlined, ministerial approval pursuant to Section 65913.4(b)(3) of the California Government Code, the applicant shall submit the project for review pursuant to EGMC Section 23.14.010 to the Community Development Director for an initial determination whether the project is eligible for the streamlined, ministerial approval process hereunder, including without limitation whether the subject application conflicts with the City’s objective zoning standards, objective subdivision standards, and objective design review standards, as such terms are defined in Section 65913.4(a)(5) of the California Government Code.

Review. If the project is found to be inconsistent with the applicable objective development standards, the Community Development Director shall provide written notice to the applicant as prescribed by Sections 65913.4(c)(1) and 65589.5 of the California Government Code, as may be amended from time to time. The applicant shall be provided with an opportunity to cure any inconsistencies or deficiencies. Consistent with State law, the City shall not determine that a qualifying development project is in conflict with the objective planning standards on the basis that the application materials are not included if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.

Project Approval. A project submitted pursuant to this article shall, after review by the Community Development Director, be forwarded to the Zoning Administrator for public oversight review and action, pursuant to the procedures of EGMC Section 23.14.040. Such hearing and final action on the project shall be in compliance with the time periods established by Section 65913(d)(1) of the California Government Code, as may be amended from time to time. The Zoning Administrator’s review shall be objective and be strictly focused on assessing compliance with criteria required for these streamlined projects, as well as any applicable reasonable objective design standards of the City. Written notice of the final action shall be provided to the applicant.

Appeals. Any final action by the Zoning Administrator regarding a streamlined housing project may be appealed pursuant to the provisions of EGMC Section 23.14.060 (Appeals).

Approval of a qualifying development pursuant to this article shall, notwithstanding any other law, be subject to the expiration timeframes specified in Section 65913.4(g) of the California Government Code.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.200 Purpose and qualifying housing developments.

The purpose of this article is to implement the provisions of Sections 65912.100 through 65912.114 of the California Government Code.

The provisions of this article shall only apply to a qualifying housing development. As used in this Article III, the term “qualifying housing development” means a multifamily residential (multiple residential unit) development that meets the requirements set forth in this Article III and Sections 65912.111 through 65912.114 of the California Government Code. Qualifying housing developments shall meet or exceed the minimum density requirements outlined herein and meet all of the following:

One hundred (100%) percent of the units within the development project, excluding manager’s units, shall be dedicated to lower income households at an affordable cost, as defined in Section 50052.5 of the California Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.

The units shall be subject to a record deed restriction for a period of fifty-five (55) years for rental units and forty-five (45) years for owner-occupied units.

The project complies with all of the labor standards provided in Section 65912.130 and, as applicable, Section 65912.131 of the California Government Code, as may be amended from time to time.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.210 Applicable entitlements.

Qualifying housing developments shall be allowed by right. No conditional or minor conditional use permit or other local discretionary review shall be required.

A qualifying housing development shall be subject to ministerial review of a minor design review by the Zoning Administrator, subject to the objective design and development regulations applicable by this article.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.220 Site requirements.

A qualifying housing development shall only be subject to the streamlined review process provided by this article if the subject site complies with all of the following criteria:

The site is located in any zoning district where office, retail, or parking are a principally permitted use.

The site is a legal lot.

At least seventy-five (75%) percent of the perimeter of the site adjoins lots that are developed with urban uses. As used in this section, the term “urban uses” shall mean current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination thereof. Parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered to be adjoined.

The site is not, nor is it adjoined to any site, where more than one-third (1/3) of the square footage of the site is dedicated to industrial use (as defined in Section 65912.111(d)(3) of the California Government Code). Parcels that are only separated by a street shall be considered to be adjoined.

The site satisfies the requirements specified in Section 65913.4(a)(6) of the California Government Code, exclusive of Section 65913.4(a)(6)(A)(iv) of the California Government Code.

The site is not an existing lot of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.

For a site within a neighborhood plan area (as defined in Section 65912.101(p) of the California Government Code), the neighborhood plan applicable to the site permitted multifamily housing (multiple residential unit development) on the site.

For a vacant site, the site satisfies both of the following:

It does not contain tribal cultural resources, as defined by Section 21074 of the California Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the California Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the California Public Resources Code.

It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the California Public Resources Code or as designated pursuant to Sections 51179(a) and (b) of the California Government Code.

The development is not located on a site where the development would require the demolition of a historic structure that was placed on a national, State, or local historic register.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.230 Objective development requirements.

A qualifying housing development shall comply with all of the following objective development requirements as determined by the Zoning Administrator through ministerial review of a minor design review:

The development is a multifamily (multiple residential unit) development.

The residential density for the development will meet or exceed thirty (30) units per acre.

For any housing on the site located within five hundred (500' 0") feet of a freeway, as defined in Section 332 of the California Vehicle Code, all of the following shall apply:

The building shall have a centralized heating, ventilation, and air-conditioning system.

The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway.

The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value of sixteen (16).

The air filtration media shall be replaced at the manufacturer’s designated interval.

The building shall not have any balconies facing the freeway.

None of the housing/residential use on the site is located within three thousand two hundred (3,200' 0") feet of a facility that actively extracts or refines oil or natural gas.

Objective Development Standards Applicable.

The development shall meet applicable objective zoning standards, objective subdivision standards, and objective design review standards, including but not limited to setbacks, height, landscaping, parking, building articulation and fenestration, and other applicable objective development standards as provided by this code and any applicable design guidelines.

If the underlying zoning district(s) of the site allow for multifamily/multiple residential units, those standards of the zoning district shall apply.

If the underlying zoning district(s) of the site does not allow for multifamily/multiple residential units, the zoning designation of the closest lot that allows residential use at a density that meets or exceeds the requirements of subsection (B) of this section shall apply.

Notwithstanding EGMC Section 23.04.060 (Effect of zoning code changes on pending applications), the applicable objective standards shall be those in effect at the time that the development application is submitted to the City pursuant to this article.

For any project that is the conversion of the use of an existing nonresidential use building to residential use, the City will not require the provision of common open space beyond what is already existing on the project site.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.240 Procedures.

If the City determines that a proposed development project submitted pursuant to this article is consistent with requirements of EGMC Sections 23.17.220 and 23.17.230, it shall approve the project.

If the City determines a proposed development project submitted pursuant to this article is in conflict with any of the requirements of EGMC Section 23.17.230, it shall provide the applicant with written documentation of which standard(s) the project conflicts with, along with an explanation for the reason(s) the project conflicts with the standard(s), within the following timeframes, or as otherwise provided under Section 65589.5 of the California Government Code:

Within sixty (60) days of the initial submittal of the project to the City for projects containing one hundred fifty (150) or fewer units.

Within ninety (90) days of the initial submittal of the project to the City for projects containing more than one hundred fifty (150) units.

Within thirty (30) days of submittal of any development project that was resubmitted to address written feedback provided by the City pursuant to subsection (B)(1) or (B)(2) of this section.

In any subsequent review of the application determined to be in conflict with any of the requirements of EGMC Section 23.17.230(E), the City will not request the applicant to provide any new information that was not stated in the initial list of items that were determined to be in conflict.

Once the City determines that a project submitted pursuant to this article is consistent with the objective planning standards specified in this article, the minor design review required for the project pursuant to EGMC Section 23.17.210, along with any density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to EGMC Chapter 23.50 and Section 65915 of the California Government Code, shall be completed within the following timeframes:

Within sixty (60) days of the date that the project is determined consistent with the objective planning standards specified in this article for development projects that contain one hundred fifty (150) or fewer units.

Within ninety (90) days of the date that the project is determined consistent with the objective planning standards specified in this article for development projects that contain more than one hundred fifty (150) units.

The City will, as a condition of approval of the development, require the development proponent to complete a phase I environmental assessment, as defined in Section 78090 of the California Health and Safety Code. If a recognized environmental condition is found, the applicant shall undertake a preliminary endangerment assessment, as defined in Section 78095 of the California Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.

If a release of a hazardous substance is found to exist on the site, before the City issues a certificate of occupancy, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current State and Federal requirements.

If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, before the City issues a certificate of occupancy, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current State and Federal requirements.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.300 Purpose and qualifying housing developments.

The purpose of this article is to implement the provisions of Sections 65912.120 through 65912.124 of the California Government Code.

The provisions of this article shall only apply to a qualifying housing development. As used herein, the term “qualifying housing development” means a multifamily (multiple residential unit) development that meets the requirements of this Article IV and Sections 65912.120 through 65912.124 of the California Government Code. Qualifying housing developments shall meet or exceed the minimum density requirements outlined herein and meet all of the following:

If the project is a rental housing development it shall include either of the following:

Eight (8%) percent of the base units for very low-income households and five (5%) percent of the units for extremely low-income households.

Fifteen (15%) percent of the base units for lower income households.

If the project is an owner-occupied housing development it shall include either of the following:

Thirty (30%) percent of the base units shall be offered at an affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, to moderate-income households.

Fifteen (15%) percent of the base units shall be offered at an affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, to lower income households.

The affordability requirements of this section shall be maintained as follows:

Rental units shall continue to be affordable for a period of not less than fifty-five (55) years. Rents shall be set at an affordable rent, as defined in Section 50053 of the California Health and Safety Code.

Owner-occupied units shall continue to be affordable for a period of not less than forty-five (45) years.

The project complies with all of the labor standards provided in Sections 65912.130 and, as applicable, 65912.131 of the California Government Code, as may be amended from time to time.

The project complies with all notifications and relocation assistance required by Section 65912.123(i) of the California Government Code.

Affordable units in the qualifying housing development project shall have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.310 Applicable entitlements.

Qualifying housing developments shall be allowed by right. No conditional or minor conditional use permit or other discretionary review shall be required.

A development proposed pursuant to this article shall be eligible for a density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to EGMC Chapter 23.50 and Section 65915 of the California Government Code, as may be amended from time to time. An applicant may use incentives, concessions, and waivers or reductions of development standards allotted pursuant to Sections 65915(d) and (e) of the California Government Code to deviate from the objective standards contained in Sections 65912.123(c), (d)(2) and (d)(3) of the California Government Code.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.320 Site requirements.

A qualifying development project shall only be subject to the streamlined review process provided by this article if the subject site complies with all of the following criteria:

The site is located in any zoning district where office, retail, or parking is a principally permitted use.

The site is a legal lot.

The project site abuts a commercial corridor (as defined in Section 65912.101 of the California Government Code) and has a frontage along the commercial corridor of at least fifty (50' 0") feet.

The site is not greater than twenty (20) acres, unless the site is a regional mall, in which case the site is not greater than one hundred (100) acres.

At least seventy-five (75%) percent of the perimeter of the site adjoins lots that are developed with urban uses. As used in this Article IV, “urban uses” means current or former residential, commercial, public institutional, transit or transportation facility, or retail use, or any combination thereof. Parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered to be adjoined.

The site is not, nor is it adjoined to any site, where more than one-third (1/3) of the square footage of the site is dedicated to industrial use as defined in Section 65912.121(f)(3) of the California Government Code. Parcels that are only separated by a street or highway (as that term is defined in Section 360 of the California Vehicle Code) shall be considered to be adjoined.

The site is not limited by any of the conditions prohibited under EGMC Section 23.30.110(C)(1).

The site is not located on a site where any of the following apply:

The development would require the demolition of any of the following types of housing:

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

Housing that is subject to any form of rent or price control by the City.

Housing that has been occupied by tenants within the past ten (10) years, excluding any manager’s units.

The site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within ten (10) years before submittal of the subject project.

The project would require the demolition of a historic structure that was placed on a national, State, or local historic register.

The property contains one (1) to four (4) dwelling units.

The property is vacant and zoned for housing but not for multifamily (multiple residential unit) residential use.

The existing parcel of land or site is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the California Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the California Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the California Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the California Health and Safety Code).

For a site within a neighborhood plan area (as defined in California Government Code Section 65912.101(p)), the neighborhood plan applicable to the site permitted multifamily housing (multiple residential unit development) on the site.

For a vacant site, the site satisfies both of the following:

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.330 Objective development requirements.

A qualifying development project shall comply with all of the following objective development requirements as determined by the Zoning Administrator through ministerial approval of a minor design review.

The development is a multifamily (multiple residential unit) development.

The residential density for the development, prior to the award of any eligible density bonus pursuant to Section 65915 of the California Government Code, shall be determined as follows:

The allowable residential density for the development shall be the greater of the following:

The maximum allowable residential density, as defined in Section 65915(o)(6) of the California Government Code, allowed on the site as provided by the subject site zoning.

For sites of less than one (1) acre in size, thirty (30) units per acre.

For sites greater than one (1) acre:

Forty (40) units per acre, if the width of the public right-of-way of the commercial corridor adjoining the primary frontage is less than one hundred (100' 0") feet wide.

ii.

Sixty (60) units per acre, if the width of the public right-of-way of the commercial corridor adjoining the primary frontage is one hundred (100' 0") feet or more wide.

For sites within a very low vehicle travel area, as that term is defined in subdivision (h) of Section 65589.5 of the California Government Code, or within one-half (1/2) mile of a major transit stop, as that term is defined in subdivision (b) of Section 21155 of the California Public Resources Code, eighty (80) units per acre.

Except as provided in subsection (B)(2)(b) of this section, fifty (50%) percent or greater of the applicable allowable residential density contained in subsection (B)(1) of this section, as applicable.

For a site within one-half (1/2) mile of an existing passenger rail or bus rapid transit station, seventy-five (75%) percent or greater of the applicable allowable residential density contained in subsection (B)(1) of this section, as applicable.

For a housing development project application that has been determined to be consistent with the objective planning standards specified in this article, pursuant to Section 65912.124(a) of the California Government Code, on or after January 1, 2027, the development project shall be developed at a density that is seventy-five (75%) percent or greater of the applicable allowable residential density contained in subsection (B)(1) of this section, as applicable.

Notwithstanding subsection (B)(1) of this section, a development project shall not be subject to any density limitation if the development project is a conversion of existing buildings into residential use, unless the development project includes additional new square footage that is more than twenty (20%) percent of the overall square footage of the project.

None of the housing/residential use on the site is located within five hundred (500' 0") feet of a freeway, as defined in Section 332 of the California Vehicle Code.

None of the housing/residential use on the site is located within three thousand two hundred (3,200' 0") feet of a facility that actively extracts or refines oil or natural gas.

The height limit applicable to the development project shall be the greater of the following:

The height allowed on the site as provided by the subject site zoning.

For sites where the primary frontage abuts a public right-of-way of less than one hundred (100' 0") feet, thirty-five (35' 0") feet.

For sites where the primary frontage abuts a public right-of-way of at least one hundred (100' 0") feet, forty-five (45' 0") feet.

Notwithstanding the above, if the site is within one-half (1/2) mile of a major transit stop, as that term is defined in Section 21155(b) of the California Public Resources Code, sixty-five (65' 0") feet.

The required setbacks applicable to the development project shall be as follows:

For the portion of the property that fronts a commercial corridor, the following shall occur:

No setbacks shall be required.

All parking must be set back at least twenty five (25' 0") feet.

On the ground floor, a building or buildings must abut within ten (10' 0") feet of the street for at least eighty (80%) percent of the frontage.

For the portion of the property that abuts an adjoining property that also abuts the same commercial corridor as the property, no setbacks are required unless the adjoining property contains a residential use that was constructed prior to the enactment of this article, in which case the requirements of subsection (F)(3)(a) of this section apply.

For the portion of the property line that does not abut or lie within a commercial corridor, or an adjoining property that also abuts the same commercial corridor as the property, the following shall occur:

Along property lines that abut a property that contains a residential use, the following shall occur:

The ground floor of the development project shall be set back at ten (10' 0") feet.

ii.

Starting with the second (2nd) floor of the property, each subsequent floor of the development project shall be stepped back in an amount equal to seven (7' 0") feet multiplied by the floor number. For purposes of this subsection, the ground floor counts as the first (1st) floor.

Along property lines that abut a property that does not contain a residential use, the development shall be set back fifteen (15' 0") feet.

For a development project at a regional mall, all of the following requirements apply:

The average size of a block shall not exceed three (3) acres. For purposes of this subsection, a “block” means an area fully surrounded by streets, pedestrian paths, or a combination of streets and pedestrian paths that are each at least forty (40' 0") feet in width.

At least five (5%) percent of the site shall be dedicated to open space.

For the portion of the property that fronts a street that is newly created by the project and is not a commercial corridor, a building shall abut within ten (10' 0") feet of the street for at least sixty (60%) percent of the frontage.

Parking.

No off-street vehicle parking shall be required, except for accessible parking and electric vehicle supply equipment installed parking spaces required pursuant to the building code and this title.

Bicycle parking shall be provided pursuant to the requirements of EGMC Section 23.58.100 (Bicycle parking required), based upon the number of off-street parking spaces that would have been required had the development project not qualified for the streamlining provided by this article.

For any housing on the site located within five hundred (500' 0") feet of a freeway, all of the following shall apply:

The building shall have a centralized heating, ventilation, and air-conditioning system.

The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway.

The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value of sixteen (16).

The air filtration media shall be replaced at the manufacturer’s designated interval.

The building shall not have any balconies facing the freeway.

Other Objective Development Standards Applicable.

Except as otherwise required in this article, the development shall meet all other applicable objective zoning standards, objective subdivision standards, and objective design review standards, including but not limited to setbacks, height, landscaping, parking, building articulation and fenestration, and other applicable objective development standards as provided by this code and any applicable design guidelines. The objective standards shall not preclude a project from being built at the residential density required pursuant to subsection (B) of this section and shall not require the development to reduce unit size to meet the objective standards.

The applicable objective standards for the development project shall be those for the closest zone in the City that allows multifamily residential use at the residential density proposed by the project. If no zone exists that allows the residential density proposed by the project, the applicable objective standards shall be those for the zone that allows the greatest density within the City.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.340 Procedures.

If the City determines that a proposed development project submitted pursuant to this article is consistent with requirements of EGMC Sections 23.17.320 and 23.17.330, it shall approve the project.

If the City determines a proposed development project submitted pursuant to this article is in conflict with any of the requirements of EGMC Section 23.17.330, it shall provide the applicant with written documentation of which standard(s) the project conflicts with, along with an explanation for the reason(s) the project conflicts with the standard(s), within the following timeframes, or as otherwise provided under Section 65589.5 of the California Government Code:

Within sixty (60) days of the initial submittal of the project to the City for projects containing one hundred fifty (150) or fewer units.

Within ninety (90) days of the initial submittal of the project to the City for projects containing more than one hundred fifty (150) units.

Within thirty (30) days of the submittal of any project resubmittal that was submitted to address written feedback provided by the City pursuant to subsection (B)(1) or (B)(2) of this section.

Once the City determines that a project submitted pursuant to this article is consistent with the objective planning standards specified in this article, the minor design review required for the project pursuant to EGMC Section 23.17.310, along with any density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to EGMC Chapter 23.50 and Section 65915 of the California Government Code, shall be completed within the following timeframes:

Within sixty (60) days of the date that the development is determined to be consistent with the objective planning standards specified in this article for development projects that contain one hundred fifty (150) or fewer units.

Within ninety (90) days of the date that the development is determined to be consistent with the objective planning standards specified in this article for development projects that contain more than one hundred fifty (150) units.

Prior to the issuance of the first building permit for the qualifying housing development, the developer shall record a regulatory agreement, in a form to the satisfaction of the City, providing for the continued affordability of the units as provided in this article.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.400 Purpose and qualifying housing developments.

The purpose of this article is to implement the provisions of Section 65852.24 of the California Government Code. This article shall only apply to those qualifying housing developments meeting the requirements of Section 65852.24 of the California Government Code.

The provisions of this article shall only apply to a qualifying development that meets all of the following:

The development project is a housing development that consists of residential units exclusively or is a mixed-use development consisting of residential and nonresidential retail commercial or office uses, and at least fifty (50%) percent of the square footage of the new construction associated with the project is designated for residential use. None of the square footage of any such development shall be designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel as that term is defined in Section 50519 of the California Health and Safety Code.

The project complies with all of the labor standards provided in Sections 65852.24(b)(8) and (b)(9) of the California Government Code, as may be amended from time to time.

The project complies with all notifications and relocation assistance required by Section 65852.24(c) of the California Government Code.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.410 Applicable entitlements.

Qualifying housing developments shall be allowed by right. No conditional or minor conditional use permit shall be required.

A qualifying housing development shall be subject to approval of a minor design review by the Zoning Administrator, subject to the objective development regulations applicable by this article.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.420 Site requirements.

A qualifying development project shall only be subject to the provisions of this article if the subject site complies with all of the following criteria:

The site is located in any zoning district where office, retail, or parking are a principally permitted use.

The site is a legal lot.

The project site is twenty (20) acres or less, unless the site is a regional mall, as defined in California Government Code Section 65912.101(r), in which case the site is not greater than one hundred (100) acres.

The site is not, nor is it adjoined to any site, where more than one-third (1/3) of the square footage of the site is dedicated to industrial use, as such term is defined in Section 65852.24(b)(6)(B)(iii) of the California Government Code. Parcels that are only separated by a street or highway (as that term is defined in Section 360 of the California Vehicle Code) shall be considered to be adjoined.

The qualifying development is consistent with any applicable and approved sustainable community strategy or alternative plan, as described in Section 65080 of the California Government Code.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.430 Objective development requirements.

A qualifying development project shall comply with all of the following objective development requirements as determined by the Zoning Administrator through a minor design review.

The minimum residential density of the development shall be thirty (30) units per acre.

The development shall comply with the development standards for the RD-40 zone, or the standards of the zoning district applied to the nearest property to the site that allows for the minimum density required in subsection (A) of this section.

Any rental of any residential unit created by this article shall be for a term longer than thirty (30) days.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.440 Procedures.

A development project qualifying for the provisions of this Article shall be subject to the permit processing procedures for other minor design review applications as provided in EGMC Chapters 23.14 and 23.16.

A project subject to the provisions of this article shall not be eligible for the streamlining provided in Article II of this chapter if it meets either of the following conditions:

The project site has previously been developed pursuant to Article II with a project of ten (10) units or fewer.

The developer of the project or any person acting in concert with the developer has previously proposed a project pursuant to Article II of ten (10) units or fewer on the same or an adjacent site.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.500 Purpose and qualifying housing developments.

The purpose of this article is to implement the provisions of Section 65913.12 of the California Government Code. This article shall only apply to those qualifying housing developments meeting the requirements of Section 65913.12 of the California Government Code.

The provisions of this article shall only apply to a qualifying development that meets all of the following:

The development is an extremely affordable adaptive reuse project. An extremely affordable adaptive reuse project means a project that meets the following criteria:

The development is a multifamily housing development project.

The development involves the retrofitting and repurposing of a residential building or commercial building that currently allows temporary dwelling or occupancy, to create new residential units.

The development will be entirely within the envelope of the existing building.

The development meets all of the following affordability criteria:

One hundred (100%) percent of the units within the development project, excluding managers’ units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the California Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.

ii.

At least fifty (50%) percent of the units within the development project shall be dedicated to very low-income households at an affordable housing cost, as defined by Section 50052.5 of the California Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.

iii.

The units shall be subject to a recorded deed restriction for a period of fifty-five (55) years for rental units and forty-five (45) years for owner-occupied units.

The development is proposed to be located on a site that is an infill parcel. An infill parcel is defined as meeting either of the following criteria:

At least seventy-five (75%) percent of the perimeter of the site of the development adjoins parcels that are developed with urban uses. For the purposes of this subsection, parcels that are separated by a street or highway shall be considered adjoined.

The parcel is within one-half (1/2) mile of public transit. Public transit means a major transit stop as defined in Section 21064.3 of the Public Resources Code.

The development is not proposed to be located on a site or adjoined to any site where more than one-third (1/3) of the square footage on the site is dedicated to industrial use. For purposes of this subsection, parcels only separated by a street or highway shall be considered adjoined.

The development does not eliminate any existing open space on the parcel.

For developments of fifty (50) units or more, the development shall provide on-site management services.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.510 Applicable entitlements.

Qualifying housing developments shall be allowed by right. No conditional or minor conditional use permit shall be required.

To the extent that the qualifying housing development requires approval of any design review or other permits or entitlements required under EGMC Chapter 23.16, including but not limited to design review, the qualifying housing development shall be subject to those requirements.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.520 Objective development requirements.

A qualifying development project shall comply with all applicable objective development requirements as determined by the designated approving authority through design review as required by this title and the Citywide Design Guidelines; provided, however, such project is not required to cure any preexisting deficit or conflict with any of the following standards: maximum density, floor area ratio, parking, or open space.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.530 Procedures.

Should the City determine that the qualifying development project conflicts with any of the objective planning standards specified in or an objective design review standard imposed pursuant to EGMC Section 23.17.520, it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:

Within sixty (60) days of submittal of the completed proposal for the development project to the local agency if the development contains one hundred fifty (150) or fewer housing units.

Within ninety (90) days of submittal of the completed proposal for the development project to the local agency if the development contains more than one hundred fifty (150) housing units.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.600 Purpose and qualifying housing developments.

The purpose of this article is to implement the provisions of Section 65913.16 of the California Government Code. This article shall only apply to those qualifying housing developments meeting the requirements of Section 65913.16 of the California Government Code.

The provisions of this article shall only apply to a qualifying housing development. As used in this Article VII, the term “qualifying housing development” means a multifamily residential (multiple residential unit) development that meets the requirements set forth in this Article VII and Section 65913.16 of the California Government Code. Qualifying housing developments shall comply with the following:

One hundred (100%) percent of the qualifying development project’s total units, exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the California Health and Safety Code, except that up to twenty (20%) percent of the total units in the qualifying development may be for moderate-income households, as defined in Section 50053 of the California Health and Safety Code, and five (5%) percent of the units may be for staff of the independent institution of higher education or religious institution that owns the land. Units in the development shall be offered at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. The rent or sales price for a moderate-income unit shall be affordable and shall not exceed thirty (30%) percent of income for a moderate-income household or homebuyer for a unit of similar size and bedroom count in the same ZIP Code in the City in which the housing development is located. The applicant shall provide the City with evidence to establish that the units meet the requirements of this subsection.

The units shall be subject to a recorded deed restriction for a minimum period of fifty-five (55) years for rental units and forty-five (45) years for owner-occupied units.

The project complies with all of the labor standards provided in Section 65913.16 of the California Government Code, as may be amended from time to time.

Notwithstanding subsection (B) of this section, a qualifying housing development may also include the following ancillary uses, provided those uses are limited to the ground floor of the development:

In the AR-10 through AR-1 and RD-1 through RD-18 zoning districts, ancillary uses shall be limited to childcare centers and facilities operated by community-based organizations for the provision of recreational, social, or educational services for use by the residents of the development and members of the local community in which the development is located.

In all other zones, the development may include commercial uses that are permitted without a conditional use permit.

Notwithstanding any other provision of this article, a qualifying development project includes any religious institutional use, or any use that was previously existing and legally permitted by the City or County on the site, if all of the following criteria are met:

The total square footage of nonresidential space on the site does not exceed the amount previously existing or permitted in a conditional use permit.

The total parking requirement for nonresidential space on the site does not exceed the lesser of the amount existing or of the amount required by a conditional use permit.

The new uses abide by the same operational conditions as contained in the previous conditional use permit.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.610 Applicable entitlements and procedures.

Qualifying housing developments shall be allowed by right. No conditional or minor conditional use permit or other discretionary review shall be required.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.620 Site requirements.

A qualifying housing development shall only be subject to the streamlined review process provided by this article if the subject site complies with all of the following criteria:

The qualifying housing development is located on land owned on or before January 1, 2024, by an independent institution of higher education or a religious institution, including ownership through an affiliated or associated nonprofit public benefit corporation organized pursuant to the Nonprofit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the California Corporations Code).

The site is a legal parcel or parcels and at least seventy-five (75%) percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoining.

The site is not limited by any of the conditions prohibited under EGMC Section 23.30.110(C)(1).

The site is not located on a site where any of the following apply:

The development would require the demolition of any of the following types of housing:

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

Housing that is subject to any form of rent or price control by the City.

Housing that has been occupied by tenants within the past ten (10) years.

The site was previously used for housing that was occupied by tenants that was demolished within ten (10) years before submittal of the subject project.

The project would require the demolition of a historic structure that was placed on a national, State, or local historic register.

The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.

The development is not adjoined to any site where more than one-third (1/3) of the square footage on the site is dedicated to light industrial use. For purposes of this subsection, parcels separated by only a street or highway shall be considered to be adjoined. For purposes of this subsection, a property is “dedicated to light industrial use” if all of the following requirements are met:

The square footage is currently being put to a light industrial use. “Light industrial use” means a use that is not subject to permitting by the local air district.

The most recently permitted use of the square footage is a light industrial use.

The City’s General Plan designates the property for light industrial use.

The housing units on the development site are not located within one thousand two hundred feet (1,200' 0") feet of a site that is either currently developed with or the most recent permitted use was a heavy industrial use. “Heavy industrial use” means a use that is a source, other than a Title V source, as defined by Section 39053.5 of the California Health and Safety Code, that is subject to permitting by a district, as defined in Section 39025 of the California Health and Safety Code, pursuant to Division 26 (commencing with Section 39000) of the California Health and Safety Code or the Federal Clean Air Act (42 U.S.C. Section 7401 et seq.). A use where the only source permitted by a district is an emergency backup generator, and the source is in compliance with permitted emissions and operating limits, is not a heavy industrial use.

Except as provided in subsection (H) of this section, the housing units on the development site are not located within one thousand six hundred (1,600' 0") feet of a site that is either a Title V industrial use or a site where the most recent permitted use was a Title V use, as that use is described in subsection (F) of this section.

For a site where multifamily housing is not an existing permitted use, the housing units on the development site are not located within three thousand two hundred (3,200' 0") feet of a facility that actively extracts or refines oil or natural gas.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.630 Objective development requirements.

A qualifying housing development shall comply with all of the following objective development requirements as determined by the Community Development Director through Zoning Clearance/Plan Check.

The development project complies with all objective development standards of the City that are not in conflict with this article.

If the housing development project requires the demolition of existing residential dwelling units, or is located on a site where residential dwelling units have been demolished within the last five (5) years, the applicant shall comply with Section 66300(d) of the California Government Code.

The qualifying housing development shall comply with the following allowed density:

If the project site is within a residential zoning district, the development project shall be allowed a density of twenty (20) units per acre or the maximum allowed density in the underlying zoning district or that of an adjoining property, whichever is greater.

If the project is not within a residential zoning district, the maximum allowed density shall be forty (40) units per acre, except that if the adjoining property allows for a greater density, then that density shall be allowed.

The maximum allowed height shall be as follows:

In residential zoning districts up to and including the RD-15 zone, the maximum allowed height is one (1) story, or twelve (12' 0") feet, more than the maximum height allowed by the underlying zoning designation of the site.

In all other residential districts, the maximum allowed height is that provided in the underlying zoning district.

In nonresidential districts, the maximum allowed height is one (1) story, or twelve (12' 0") feet, more than the maximum height allowed by the underlying zoning designation of the site, except that if the adjoining property allows for a greater height, then that height shall be allowed.

A development proposed pursuant to this article shall be eligible for a density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to EGMC Chapter 23.50 and Section 65915 of the California Government Code, as may be amended from time to time, except that a qualifying development project developed in a nonresidential zoning district which utilized the allowed density and height of an adjoining residential property shall not be eligible for an incentive, waiver, or concession to increase the height of the development to greater than the height authorized under this article.

The proposed development shall provide off-street parking of up to one (1) space per unit, except that no parking shall be require if the site is within one-half (1/2) mile walking distance of public transit (either a high-quality transit corridor or a major transit stop as defined in Section 21155(b) of the California Public Resources Code) or a car share vehicle is located within one (1) block of the site.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.640 Procedures.

If the City determines that a proposed development project submitted pursuant to this article is consistent with requirements of EGMC Sections 23.17.620 and 23.17.630, it shall approve the project.

If the City determines a proposed development project submitted pursuant to this article is in conflict with any of the requirements of EGMC Section 23.17.630, it shall provide the applicant with written documentation of which standard(s) the project conflicts with, along with an explanation for the reason(s) the project conflicts with the standard(s), within the following timeframes, or as otherwise provided under Section 65913.16 of the California Government Code:

Within sixty (60) days of the initial submittal of the project to the City for projects containing one hundred fifty (150) or fewer units.

Within ninety (90) days of the initial submittal of the project to the City for projects containing more than one hundred fifty (150) units.

The minor design review required for the project pursuant to EGMC Section 23.17.610, along with any density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to EGMC Chapter 23.50 and Section 65915 of the California Government Code, shall be completed within the following timeframes:

Within ninety (90) days of submittal of the development proposal to the City for development projects that contain one hundred fifty (150) or fewer units.

Within one hundred eighty (180) days of submittal of the development proposal to the City for development projects that contain more than one hundred fifty (150) units.

Approval of a qualifying development pursuant to this article shall, notwithstanding any other law, be subject to the expiration timeframes specified in Section 65913.4(f) of the California Government Code.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.700 Purpose and qualifying housing developments.

The purpose of this article is to implement the provisions of Sections 65852.28 and 66499.41 of the California Government Code. This article shall only apply the construction of qualifying housing developments on a lot subdivided pursuant to the provisions of EGMC Section 22.16.120 (Urban subdivisions).

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.710 Objective development requirements.

A qualifying housing development shall comply with the requirements of EGMC Section 22.16.120 (Urban subdivisions) in the creation of the underlying lot upon which the development is proposed, and with the development standards of Article III of EGMC Chapter 23.30 (Urban Subdivision Housing Projects).

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

§ 23.17.720 Procedures.

A qualifying housing development shall only be subject to the provisions of zoning clearance/ plan check by the Community Development Director as provided in EGMC Section 23.16.020. No design review or other quasi-judicial permit or entitlement shall be required.

The City shall approve or deny the application for a qualifying housing development within sixty (60) days from the date the City receives a complete application. If the City denies the application within the sixty (60) days, it shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.

The City may disapprove a qualifying housing development that otherwise meets the objective development requirements if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Section 65589.5(d)(2) of the California Government Code, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)