La Verne City Zoning Code
CHAPTER 18
124 SPECIAL HOUSING APPLICATIONS
§ 18.124.010 Purpose.
The purpose of this chapter is to establish the requirements and procedures for special housing applications as required by the state's laws.
The regulations and procedures set forth in this chapter shall apply throughout the city. Sections of the California Government Code referenced in this chapter, and application forms for complying with this chapter, shall be available to the public.
(Ord. 25-1129, 2/18/2025)
§ 18.124.020 Preliminary application.
The provisions of this section of the La Verne Municipal Code shall only remain in effect only so long as California Government Code Section 65941.1 remains in effect.
A.
Purpose. When a preliminary application is submitted, a housing development project will be subject only to the ordinances, policies, and standards adopted and in effect at the time of submission. A preliminary application is deemed submitted when an applicant has provided the city with all of the information required by Government Code Section 65941.1(a).
B.
Applicability. A project must be a housing development project, as defined in Government Code Section 65589.5(h)(2) and also includes a proposal to construct a single dwelling unit, in order to qualify for the preliminary application process.
C.
Application. Once a preliminary application is submitted, the ordinances, policies, and standards in effect as of that date will remain applicable to the project for the duration of the review and entitlement process, subject to the requirements provided by Government Code Section 65941.1(a).
1.
Within one hundred eighty days of submitting a preliminary application, the applicant shall submit an application for the required entitlements required for the project. If the city determines that the application is not complete pursuant to Government Code Section 65943, the applicant shall submit the specific information needed to complete the application within ninety days of receiving the city's written incomplete notice. If the applicant does not submit this information within the ninety-day period, then the preliminary application shall expire and have no further force or effect.
2.
Should an applicable housing development project be revised after submittal of a preliminary application and where the proposed number of residential units or square footage of construction changes by twenty percent or more, the housing project shall not have been deemed to have submitted a preliminary application unless it resubmits a preliminary application to reflect the amended design.
(Ord. 25-1129, 2/18/2025)
§ 18.124.030 Ministerial streamlined approval.
A.
Applicability. The provisions of this section applies to applications received so long as Government Code Section 65913.4 remains in full force and effect and the city is subject to the provisions of this law.
B.
Eligibility. Qualifying streamlined housing projects must meet the requirements set forth in Government Code Section 65913.4.
C.
Review Process.
1.
Notice of Intent. Before submitting an application for a development subject to streamlined, ministerial approval, the applicant must submit a notice of intent in the form of a preliminary application that includes all of the information described in Government Code Section 65941.1, as further set forth in Section 18.124.020 above.
2.
Notification to California Native American Tribes. Upon receipt of a notice of intent, the city will engage in a scoping consultation with any California Native American Tribe that is traditionally and culturally affiliated with the geographic area, according to the timelines and procedures established by state law. After concluding the scoping consultation, the applicant will be notified as follows:
a.
If it is either determined that no potential tribal cultural resource could be affected by the proposed development, or if all parties and the property owner enter into an agreement establishing the methods, measures, and conditions for treatment of the tribal cultural resource, the applicant may submit an application for streamlined review.
b.
If it is determined that a potential tribal cultural resource could be affected by the proposed development, and all parties or the property owner do not reach an agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources, the development shall not be eligible for the streamlined, ministerial approval process.
3.
Review of Applications. After the Native American consultation is deemed to be concluded, and if the project is eligible, the applicant may submit an application for review pursuant to Chapter 18.16 (Development Review), for determination whether the project meets the remaining criteria for approval in compliance with Government Code Section 65913.4.
4.
Ministerial Site Development Plan Review.
a.
Ministerial review shall be objective and strictly focused on assessing compliance with the criteria required for streamlined housing projects, as well as any adopted objective design standards.
b.
The city shall notify the applicant of any inconsistency with objective standards within sixty days of submittal of the application if the development contains no more than one hundred fifty housing units and within ninety days if the development contains more than one hundred fifty housing units.
i.
If determined that a development submitted pursuant to this section is in conflict with any of the objective planning standards, it shall provide the development proponent written documentation in support of its denial identifying with specificity the standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards.
5.
Project Approval. A project which meets all the requirements of State law and this section shall be approved by the development review committee within ninety days of submittal if the project contains no more than one hundred fifty units and within one hundred eighty days of submittal if the project contains more than one hundred fifty units.
6.
Appeals. An applicant may submit a request to appeal a decision of the development review committee to deny an application for a ministerial streamlined approval submitted under this section. A written appeal shall be filed with the development review committee, together with the payment of any required fee, within ten days of the decision. The appeal request shall contain the reasons for the appeal and the grounds upon which the appeal is based. The planning commission shall hold a hearing on the appeal after giving notice thereof to the appellant in the manner prescribed in Section 18.16.140 (Precise plans—Appeal procedures) of this zoning ordinance. The planning commission shall consider the matter de novo on the appeal.
a.
Any other denials issued by the development advisory committee or planning commission relating to the overall project approval shall be subject to the appeal provisions under Section 18.16.140 (Precise plans—Appeal procedures) of this zoning ordinance.
D.
Objective Zoning and Design Standards. Any lot developed with a qualifying streamlined housing project shall comply with all objective land use regulations, citywide regulations, and development standards in effect at the time a complete application is submitted, applicable to a residential multifamily or mixed use project within the zoning district in which a lot is located, including, but not limited to, residential density, setbacks, height, and open yard, as described in this Zoning Code, except parking standards, as specified in Chapter 18.76 (Parking and Loading Space Requirements).
1.
Modifications to objective standards granted as part of a density bonus, concession, incentive, parking reduction, or waiver of development standards pursuant to Chapter 18.114 (Density Bonus), shall be considered consistent with objective standards.
E.
Parking Requirements.
1.
Automobile parking standards shall not be imposed on a development that meets any of the following criteria.
a.
The development is located where any part of the parcel or parcels on which the development is located is within one-half mile of any part of the parcel or parcels of public transit.
b.
The development is located within a district designated as architecturally or historically significant under local, state, or federal standards.
c.
When on-street parking permits are required, but not made available to the occupants of the development.
d.
When there is a car share vehicle (i.e., a designated location to pick up or drop off a car share vehicle) within one block of the development. A block can be up to one thousand linear feet of pedestrian travel along a public street from the development.
2.
For all other developments, automobile requirements for residential developments approved pursuant to this section are one parking space per unit.
(Ord. 25-1129, 2/18/2025)
