The provisions of this chapter shall be known as the “Streamlined Ministerial Approval Regulations”.

(Ord. 885, passed 11-1-2023)

   The purpose of this chapter is to specify how the Town will implement ministerial review procedures required for qualifying housing projects, including mixed-use projects, that comply with Cal. Gov't Code § 65913.4 (“State Streamlined Ministerial Approval Process”). These procedures are intended to facilitate the development of affordable housing consistent with the goals, policies, and programs of the General Plan.

(Ord. 885, passed 11-1-2023)

   Terms defined in Cal. Gov't Code § 65913.4 shall apply to this chapter and shall control in the event of a conflict between definitions in this title and definitions in Cal. Gov't Code § 65913.4.

(Ord. 885, passed 11-1-2023)

   This chapter applies to housing development projects, including mixed use projects, applying for approval under Cal. Gov't Code § 65913.4 and replaces the town's procedures for reviewing discretionary applications, including design review regulations.

(Ord. 885, passed 11-1-2023)

   A housing development, including a mixed-use project, is eligible for streamlined ministerial review if it:

   (A)   Qualifies for streamlined ministerial approval under Cal. Gov't Code § 65913.4; and

   (B)   Is a multi-family housing development that contains two or more units on an infill site that is zoned for residential use or residential mixed use;

   (C)   Is not located on a site with wetlands or a site that contains habitat for protected species or land that has been identified for conservation in a natural community conservation plan or habitat conservation plan adopted by the town;

   (D)   Is not located on a site with areas of special flood hazards which are established by Chapter 17.068, Floodplains unless the development has received a no-rise certification in accord with § 60.3(d)(3) of Title 44 or the Code of Federal Regulations and all requirements of Chapter 17.068 have been met;

   (E)   Is not located within a delineated earthquake fault zone shown on maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission as modified by the town's building code.

   (F)   Is not located within a high or very high fire hazard severity zone, as determined by the California Department of Forestry and Fire Protection unless the site has been excluded from the specified hazard zones by the town and will be subject to fire mitigation measures to protect the development.

   (G)   Is not on land subject to a conservation easement;

   (H)   Is not located on a site that would require the demolition of the following types of housing:

      (1)   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.

      (2)   Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

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

      (4)   Housing that is 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.

   (I)   Is on a site previously used for housing that was occupied by tenants that was demolished within the preceding ten years;

   (J)   Does not require the demolition of a historic structure that was placed on a national, state, or local historic register;

   (K)   Does not require an exception, modification or any other discretionary entitlement;

   (L)   Complies with the town's objective zoning standards, objective subdivision standards, and objective design standards, excluding any additional density or other concessions, incentives, or waivers of standards requested under Chapter 17.050, Affordable Housing Density Bonus.

(Ord. 885, passed 11-1-2023)

   (A)   An applicant shall file a notice of intent to submit an application in the form of a Preliminary Application that includes all of the information required by Cal. Gov't Code § 65941.1 as that section read on January 1, 2020. Complete building permit applications for the project shall be submitted concurrently with the preliminary application. Planning staff shall provide templates for preliminary applications to applicants on request and shall be available on the town's website. The preliminary application shall be accompanied by the required fee as established by the town.

   (B)   Within 180 calendar days after filing a preliminary application, an applicant shall submit a formal application for ministerial review, provided scoping consultation has concluded consistent with division (C), below.

      (1)   Upon receipt of the preliminary application, the town shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that should be notified. The Planning Director shall provide a formal notice of the applicant's intent to submit a formal application to each required California Native American tribe within 30 days of preliminary application submittal. The formal notice shall be consistent with Cal. Gov't Code § 65913.4(b).

      (2)   If within 30 days of receipt of the formal notice, any California Native American tribe that was formally noticed accepts the invitation to engage in scoping consultation, the Planning Director shall commence scoping consultation within 30 days of receiving that response.

      (3)   The scoping consultation shall be conducted consistent with Cal. Gov't Code § 65913.4(b). If, after scoping consultation is concluded, a development is not eligible for a streamlined ministerial approval, the Planning Director shall provide written documentation as required by Cal. Gov't Code § 65913.4(b) to the applicant and any California Native American tribe that is a party to that scoping consultation.

      (4)   Tribal consultation concludes either 1) upon documentation of an enforceable agreement regarding the treatment of tribal resources at the project site or 2) one or more parties to the consultation, acting in good faith and after a reasonable effort, conclude that a mutual agreement cannot be achieved.

   (D)   If the development remains eligible to apply streamlined ministerial approval after scoping consultation has concluded, an applicant may file a formal application. Only the items necessary to determine compliance with the provisions contained in Cal. Gov't Code § 65913.4(a) and with any applicable objective standards shall be required.

   (E)   The review of a formal application shall be done by the Planning Director to determine if the application complies with all of the provisions contained in this chapter, Cal. Gov't Code § 65913.4(a), and applicable objective standards and shall occur within the following timeframes:

      (1)   Within 90 calendar days of formal application submittal for applications that include 150 or fewer housing units.

      (2)   Within 180 calendar days of formal application submittal for applications that include 151 or more housing units.

   (F)   If the formal application does not demonstrate compliance with all of the provisions contained in Cal. Gov't Code § 65913.4(a) and all applicable objective standards, the Planning Director shall provide the applicant with written documentation of which standards the development conflicts with and an explanation of the reasons the development conflicts with each standard. If the application can be brought into compliance with minor changes to the proposal (e.g., changes in building dimensions that are less than ten percent), the Planning Director may allow the development proponent to correct any deficiencies within the timeframes for determining project consistency specified in division (E)(2) above. For major changes, a new application will be required.

   (G)   The Planning Director is the review authority for ministerial approvals for qualifying housing developments. The Planning Director shall approve a formal application upon finding that all of the requirements of Cal. Gov't Code § 65913.4 and this chapter have been met. The Planning Director may impose reasonable conditions of approval, provided those conditions of approval are objective and broadly applicable to development within the town.

   (H)   Any necessary subsequent permits shall be issued on a ministerial basis subject to applicable objective standards. If a public improvement is necessary to implement a development subject to this chapter, and that public improvement is located on land owned by the town, the town shall process any approvals needed as required by Cal. Gov't Code § 65913.4(h).

      (1)   An applicant or the Planning Director may request a modification to an approved development if that request is made prior to the issuance of the final building permit.

      (2)   The town shall only apply objective standards in effect when the original application was submitted, except that objective standards adopted after the date of original submittal may be applied in any of the following instances:

         (a)   The total number of residential units or total square footage of construction changes by 15 percent or more; or

         (b)   The total number of residential units or total square footage of construction changes by five percent or more, and it is necessary to subject the development to an objective standard beyond those in effect when the application was submitted in order to mitigate or avoid a specific adverse impact upon public health of safety, for which there is no feasible alternative method to satisfactorily mitigate or avoid; or

         (c)   Objective building standards contained in the California Building Code, as adopted by the town, may be applied to all modifications.

      (3)   The Planning Director shall determine if the modification is consistent with applicable objective standards and issue a decision on the applicant's modification request within 60 days after submittal.

      (4)   An application approved consistent with this chapter shall remain valid for three years; however, an application approval shall not expire if the development includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the area median income consistent with Cal. Gov't Code § 65913.4(e).

      (5)   At the discretion of the Director, a one-year extension may be granted consistent with Cal. Gov't Code § 65913.4(e)

(Ord. 885, passed 11-1-2023)