The provisions of this chapter shall be known as the “Procedures for SB 330 Applications for Housing Developments.”

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

   The purpose of this chapter is to specify how the town will implement streamlined review procedures and establish vested rights for qualifying housing developments, including mixed-use projects, pursuant to Senate Bill 330 (SB 330), the Housing Crisis Act of 2019.

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

   (A)   This section applies to qualifying housing development projects as defined by Cal. Gov't Code § 65589.5(h)(2), including multi-family development, mixed use projects with at least two-thirds of the building area devoted to residential uses, and/or transitional and supportive housing.

   (B)   This section shall remain in effect for the same time period as provisions contained in the Cal. Gov't Code § 65589.5 (Housing Accountability Act). Any provisions that are not extended by the State Legislature shall be repealed as of the date those provisions in the Housing Accountability Act are deemed null and void.

   (C)   This section provides additional procedures that shall be followed for qualifying housing development projects. If conflicts occur between other permitting and approval procedures in this title and the procedures of this section, this section shall control.

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

   Terms defined in Cal. Gov't. Code § 65589.5 shall apply to this section and shall control in the event of a conflict between definitions in this title and definitions in Cal. Gov't. Code § 65589.5.

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

   (A)   To receive the vested rights and benefit from the streamlining established for SB 330 applications, the applicant may initiate the process by filing a preliminary application consistent with Government Code § 65941.1.

      (1)   A preliminary application shall be filed on the standardized form adopted by the California Department of Housing and Community Development unless the Planning Commission has adopted a form for use for SB330 applications.

      (2)   Within 180 calendar days after submitting a preliminary application, an applicant shall submit a full application for the housing development.

   (B)   An applicant may file a full application for a zoning permit for a qualifying housing development without filing a preliminary application. The full application shall be filed on a form provided by the Town of Fairfax accompanied by the required fee. Complete building permit applications for a qualifying housing project shall be submitted concurrently with the full application.

         (a)   A fee, charge, or other monetary exaction increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or monetary exaction.

         (b)   A preponderance of the evidence in the record establishes that subjecting the housing development to an ordinance, policy, or standard beyond those in effect when the preliminary application was submitted is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.

         (c)   Subjecting the housing development to an ordinance, policy, standard, or any other measure, beyond those in effect when the preliminary application was submitted is necessary to avoid or substantially lessen an impact consistent with the California Environmental Quality Act.

         (d)   The housing development has not commenced construction within 2.5 years following the date of the housing development's final approval (as defined in Cal. Gov't. Code § 65589.5(o)(1)(D)).

         (e)   The number of residential units or square footage of construction proposed changes by 20 percent or more, exclusive of any increase resulting from a density bonus, incentive, concession, waiver, or similar provision.

      (2)   When no preliminary application was submitted, a housing development shall be subject to objective standards in effect when the full application was deemed complete.

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

   (A)   Full applications for housing development containing 150 or fewer units shall be reviewed for compliance with applicable objective standards within 30 calendar days of being deemed complete.

   (B)   Full applications for housing development containing more than 150 units shall be reviewed for compliance with applicable objective standards within 60 calendar days of being deemed complete.

   (C)   The Planning Director shall be the Review Authority consistent with the Town of Fairfax's permitting procedures for the full application.

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

   (A)   The Review Authority shall identify the specific objective standard(s) that the project does not comply with and provide an explanation of the reason(s) why the housing development is considered to be inconsistent or non-compliant with identified provisions and shall provide the written determination to the applicant.

   (B)   A housing development is considered in compliance with this title, and shall not require a zoning map amendment, if the housing development complies with objective general plan standards and land use designations, but the zoning for the housing development site is inconsistent with the general plan.

   (C)   If a housing development complies with all of the applicable objective zoning, design, and subdivision standards, the town shall not conduct more than five public hearings (including continuances), workshops, study sessions, or similar meetings after the full application is deemed complete in connection with the approval of the housing development. This limitation is established by Cal. Gov't. Code § 65905.5. Meetings required by CEQA are exempt from the limit.

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

   (A)   If the proposed housing development complies with applicable objective general plan, zoning, design and subdivision standards, the Planning Commission may only deny the housing development or conditionally approve the housing development at a lower density if it makes written findings supported by a preponderance of the evidence in the record that:

      (1)   The housing development would have a specific, adverse impact upon the public health or safety unless the housing development is denied or conditionally approved at a lower density. A “specific, adverse impact” means a “significant, quantifiable, direct, and unavoidable impact, based on identified written public health or safety standards, policies, or conditions as they existed on the date that the project was deemed complete”; and

      (2)   There is no feasible method to satisfactorily mitigate or avoid the adverse impact other than the denial of the housing development or conditional approval of the housing development at a lower density.

   (B)   If the housing development includes 20 percent of units affordable to very low or low-income households, 100 percent of units affordable or

moderate- or middle-income households, or an emergency shelter, the Planning Commission shall approve the housing development unless the Commission makes written findings supported by a preponderance of the evidence in the record, as to at least one of the findings in Cal. Gov't. Code § 65589.5(d).

   (C)   The Planning Director shall approve or deny the housing development within the applicable time periods established in Cal. Gov't. Code § 65950 and related sections.

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

   The town's post-decision procedures for the required permit based on the full application shall be followed provided those procedures do not conflict with Cal. Gov't. Code §65589.5.

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