Loma Linda City Zoning Code
CHAPTER 17
115 OBJECTIVE DESIGN STANDARDS
§ 17.115.010 Purpose, intent and applicability.
A.
Purpose. The purpose of this chapter is to establish design standards that are objective for multifamily residential development and mixed-use development with a residential component to ensure that such development is attractively designed, maintains positive aesthetic characteristics, and to provide property owners and developers with predictable design approval standards for such development. The standards established in this chapter are supplemental to the development standards applicable to multifamily residential development and mixed-use development as established within each zoning district allowing such use. This chapter also establishes conditions and procedures for processing streamlined housing projects consistent with Government Code Section 65913.4.
B.
Intent. It is the intent of this chapter to provide design standards that are objective while also ensuring that the city's requirements for quality design of multifamily residential development and mixed-use development with a residential component are satisfied. These design expectations are to be applied uniformly, and without discretion, to enhance the built environment within the city for both affordable and market-rate multifamily residential development.
C.
Applicability. The provisions of this chapter apply to all multifamily residential developments and mixed-use development with a residential component as defined herein. Regarding the permitting process in particular, any application that complies with all provisions of this chapter and regulations of the applicable zoning district shall be eligible for a ministerial review process, as set forth in Section 17.115.080 (Permits and Approval). When an applicant elects to deviate from the objective design standards set forth in this chapter, a ministerial review process shall not apply and the development application shall be subject to any required discretionary applications types, review and approvals as set forth in Chapter 17.30 (Administration).
(Ord. 768 § 2, 2021)
§ 17.115.020 Other standards and requirements.
A.
Zoning and Development Standards. A multifamily residential development or mixed-use development with a residential component that is designed in conformance with this chapter shall also comply with all development standards and regulations of the designated zoning district and other applicable provisions of Title 17 (Zoning).
B.
Subdivision Regulations. A multifamily residential development or mixed-use development with a residential component that is designed in conformance with this chapter that requires the approval of a subdivision action in order to establish a legal building site for such development, shall comply with all applicable requirements of Title 16 (Subdivisions).
C.
Building/Fire Codes. A multifamily residential development or mixed-use development project with a residential component that is designed in conformance with this chapter shall also comply with all applicable regulations of Title 15 (Buildings and Construction), including, but not limited to, plan check review, permit issuance and applicable fees.
D.
California Environmental Quality Act (CEQA). A multifamily residential development or mixed-use development project with a residential component that is designed in conformance with this chapter, qualifying for a ministerial review process, shall be considered exempt from CEQA pursuant to Government Code Section 65913.4. This exemption does not preclude a determination by the city that certain technical reports (e.g., stormwater quality management plan, water and sewer studies, traffic studies, biological survey, historical survey) are required as part of the standard submittal checklist established by the director, or as required through the imposition of standard conditions of approval. Any required technical reports shall conform to city requirements established for such reports. Projects that do not qualify for a ministerial review process shall be reviewed in compliance with the applicable CEQA guidelines for discretionary application types.
(Ord. 768 § 2, 2021)
§ 17.115.030 Terms.
A.
Multifamily Residential Development. For the purposes of this chapter, multifamily residential development means a housing development with two or more attached residential units. It also includes a mixed-use development with a residential component as defined herein. This term does not apply to accessory dwelling units generally, unless the development being proposed is for new construction of a single-family home with an attached accessory dwelling unit.
B.
Mixed-Use Development with a Residential Component. For the purposes of this chapter, mixed-use development with a residential component means a development where at least two-thirds of the square footage of the development shall be designated for residential use. The two-thirds calculation is based upon the proportion of gross square footage of residential space and related facilities to gross development building square footage for the nonresidential use, such as commercial. Structures utilized by both residential and nonresidential uses shall be credited proportionate to the intended use. The calculations of square footage of development shall not include non-habitable space or underground space, such as basements, or underground parking garages.
C.
Ministerial Review Process. For the purposes of this chapter, ministerial review processing means a process for development approval involving little or no personal judgment by the city as to the wisdom or manner of carrying out the project. The ministerial review process simply ensures that the proposed development meets all the requirements of this chapter.
D.
Objective Design Standards. For the purposes of this chapter, objective design standards are those standards defined in Government Code Sections 65913.4 and 66300(a)(7) to mean that no personal or subjective judgement is used by the city. The standards are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant/proponent of the project and city prior to submittal of a development application.
(Ord. 768 § 2, 2021)
§ 17.115.040 Sustainable design.
A.
LEED Platinum Requirement. For the purposes of this chapter, all multifamily residential development and mixed-use development with a residential component shall demonstrate that the design qualifies for the "Platinum Level Certification," or an equivalent standard as defined by the Leadership in Energy and Environmental Design (LEED) of the United States Green Building Council. Plans and/or supplemental information shall be provided at the time an application is submitted for preliminary or formal review as required by city application forms/checklists as established by the director.
B.
Water Efficient Landscape Requirement. For the purposes of this chapter, all multifamily residential development and mixed-use development with a residential component shall demonstrate that the design is in compliance with all applicable requirements outlined in Title 13 (Water and Sewer) and specifically with the city's implementation of its Water Efficient Landscape regulations. Design of project landscaping shall demonstrate conformance with and include all submittal materials outlined in the city's Model Water Efficient Landscape Ordinance (MWELO) guidelines. Plans and/or supplemental information shall be provided at the time an application is submitted for preliminary or formal review as required by city application forms/checklists established by the director.
(Ord. 768 § 2, 2021)
§ 17.115.050 Building design.
A.
Orientation. The primary orientation of a building or unit entrance in multifamily residential development shall be designed in accordance with the following standards:
1.
Buildings adjacent to a street shall have front entry features oriented to the street or be oriented to within fortyfive degrees of the line parallel to the intersection as illustrated in Figure 17.115.050A. Direct pedestrian access shall be provided between the public sidewalk and such primary building entry. Where a site is located on two or more public streets, the primary building entry shall be oriented toward the street with the highest classification. If a parcel fronts two public streets of equal classification, either frontage may be used to meet the standard.
Figure 17.115.050A  |
2.
Buildings that are not adjacent to the street shall have front entries that are oriented to interior common areas such as paseos, courtyards, and useable open space as illustrated in Figure 17.115.050B. However, those buildings or portions of buildings adjacent to the public street within such a multifamily residential development shall include a primary entry facing the street, with direct pedestrian access between the entry and the public sidewalk.
Figure 17.115.050B  |
3.
Access and configuration of exterior entrances to residential units shall be at the ground floor of the building. Exterior entrances to individual units on upper floors utilizing an exterior access corridor visible and/or connecting to the street is limited to serving a maximum of four units.
4.
Exterior entrances serving multiple units must have a roofed projection or shall be recessed with a minimum depth of five feet.
5.
Transparent glass doors and/or windows or glazing (window area) near the entrance shall be provided for consolidated building entrances, but shall not be required for entries leading directly to an individual unit.
B.
Massing and Articulation. The massing and articulation of buildings in multifamily residential development shall be designed in accordance with the following standards:
1.
As illustrated in Figure 17.115.050C, when multifamily residential development is adjacent to existing residential, the side and rear walls of any building within ten feet of a required setback shall not be more than one story higher than the directly adjacent existing residential development. Buildings that exceed this height requirement shall step back the upper floors so that the wall plane does not fall within fifteen feet of a required setback adjacent to existing residential development.
Figure 17.115.050C  |
2.
As illustrated in Figure 17.115.050D, all buildings shall have minor massing breaks at least every fifty feet along any street frontage or publicly visible area, using wall modulations, projections or recesses, or by stepping back the upper floors. Breaks shall be a minimum of five feet deep and ten feet wide and shall extend at least two-thirds of the height of the structure.
Figure 17.115.050D  |
3.
To modulate building exteriors, publicly visible walls greater than twenty feet in length along any street frontage or front elevation, or thirty feet along an interior rear or side elevation, shall be articulated by incorporating at least three of the following features each of which is illustrated in Figure 17.115.050E:
Figure 17.115.050E  |
a.
Trim surrounds at all window and door openings shall be provided a minimum of two inches in depth or the exterior door and window shall be recessed from the wall plane a minimum of three inches;
b.
Exterior arcades or other ground floor building recessions that provide sheltered walkways within the building footprint, having a minimum area of fifty square feet;
c.
Variations in wall plane (projection or recess) by a minimum of two feet in depth;
d.
A recessed or projected unit entry with a minimum area of fifty square feet; or
e.
Vertical elements, such as pilasters, that protrude a minimum of six inches from the wall surface and extend the full height of the building.
4.
All building rooflines shall be vertically articulated at least every fifty feet along the street frontage, through one of the following techniques as illustrated in Figure 17.115.050F:
Figure 17.115.050F  |
5.
Buildings three stories or taller shall have major massing breaks at least every one hundred feet along any street frontage through the use of varying setbacks and/or building entries. For the purposes of this section, major breaks shall be a minimum of five feet deep and ten feet wide and extend the full height of the building to the roofline.
6.
Buildings three stories or taller shall provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first floor and upper floors along at least seventy-five percent of the building façade with frontage upon a street or adjacent to public open space and shall incorporate at least two of the following to achieve this distinction as illustrated in Figure 17.115.050G:
a.
A change in façade materials, along with a change in plane at least one inch in depth at the transition between the two materials.
b.
A horizontal design feature such as a water table or belt course.
c.
A base treatment at the ground floor consisting of a material such as stone, concrete masonry, or other material distinct from the remainder of the façade and projecting at least one inch from the wall surface of the remainder of the building.
d.
Setting back the top floor(s) of the building at least five feet from the remainder of the façade.
Figure 17.115.050G  |
C.
General Building Design. Buildings in multifamily residential development shall be designed in accordance with the following standards:
1.
All buildings and structures within a multifamily development shall carry the same architectural treatment on all elevations, including the use of primary materials and colors – "four-sided architecture."
2.
Affordable units and market rate units within the same multifamily development shall be constructed using the same architectural treatment or style, exterior colors, materials and details such that the units are indistinguishable.
3.
All ground floor units and a minimum of sixty percent of the upper floor units shall include a balcony, patio, porch, or stoop.
4.
All buildings shall include at least two of the following features above the ground floor of the building for at least fifty percent of the primary frontage and corner street side frontage. The distance between features shall be no greater than twenty-five feet. When used, the minimum length and depth of these features shall be as follows:
a.
Projection of bow, greenhouse or garden windows must be at least eight inches in depth at the farthest point from the exterior walls of the building, and five feet in width.
b.
Projection of bay windows must be at least ten inches in depth measured at the farthest point, and five feet in width.
c.
Projection of dormers must be at least two feet in depth measured at the farthest point from the exterior walls or roof surface of the building, and four feet in width.
d.
Balconies and decks must be at least five feet in depth and if the balcony is intended for private open space exclusive to an individual unit, the width shall be sufficient measurement if required to meet the minimum square footage of the zoning district.
5.
Blank walls on the ground floor (facades without doors, or windows) shall be no greater than twenty-five feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas. Such blank wall areas shall include landscape screening (trees, shrubs, or green wall) for the entire length of the wall area at a minimum of fifty percent of the height of the wall.
6.
Where divided lite window types are proposed, such windows shall consist of a true divided glaze area. Muntin material imbedded between panes of glass or taped to window glass is prohibited.
D.
Colors and Materials. Colors and materials on buildings in multifamily residential development shall be designed in accordance with the following standards:
1.
Primary wall material of the buildings shall be wood, stone, brick, stucco, fiber cement or other cementitious material, or composite wood or stone.
2.
At least two materials shall be used on any building frontage, in addition to any glazing and railings located on the building frontage.
3.
Buildings shall have at least one primary color, one secondary color, and two accent colors, in addition to roof color.
4.
Exterior surfaces of buildings within multifamily residential development shall prohibit the use or application of the following materials: mirrored glass, vinyl siding, corrugated fiberglass, chainlink fencing, crushed colored rock or tumbled glass, metal siding, with exposed edges or unfinished edges, and/or T1-11 siding and other siding that uses plywood, with the exception if used for board and batten.
(Ord. 768 § 2, 2021)
§ 17.115.060 Site design.
A.
Surface Level Parking and Individual Garages/Carports. In addition to the requirements of Chapter 17.24 (Parking Regulations), multifamily residential development with surface parking, or where units are served by individual garages/carports, shall be designed in accordance with the following:
1.
Surface parking shall not be located between the building and the street. If a development consists of multiple buildings, this only applies to the building(s) abutting the street. Surface parking shall be located to the rear of streetadjacent buildings.
2.
Designated pedestrian pathways shall be provided through surface parking areas at least every four rows of parking or at least every one hundred thirty feet, whichever is less. Pathways shall be aligned to connect to buildings with consolidated entries and with other sidewalks, and pedestrian pathways within the development. All such pathways shall be clearly marked and differentiated from drive areas by colored/textured pavement treatments or stamped concrete.
3.
Curb cuts and driveways providing access to surface parking shall first be taken from an alley (if one exists); or second, from a street with a secondary or lesser classification; and lastly, from a street considered primary or arterial in classification.
4.
Individual garage doors that face the street shall be setback a minimum of five feet beyond the front façade of the dwelling unit or the front of a covered porch.
5.
Individual garages and/or carports shall use the same architectural details, materials and colors of the residential buildings/units within the development.
B.
Structured Parking. In addition to the requirements of Chapter 17.24 (Parking Regulations), multifamily residential development with structured parking shall be designed in accordance with the following:
1.
Structured parking shall not occupy more than fifty percent of the building width of a development frontage subject to the following:
a.
Any wall surface twenty-five feet or greater in length shall include design features such as articulation, landscaping, and/or textured surface treatment over a minimum of fifty percent of the wall surface area.
b.
For purposes of this subsection, articulation is defined to include faux windows, arches, and/or projecting bays and textured surface treatments (artwork, grillwork, or stone/tile building material) shall have a minimum depth of three inches.
c.
Landscape recesses shall have an inside minimum depth of eighteen inches and width of two feet.
2.
Ventilation openings shall be screened with wrought iron grilles and/or landscaping.
3.
Mechanically or person-controlled entrances to structured parking shall be located a minimum of twenty feet from the back of sidewalk, and the use of controlled entrances is limited to the portion of structured parking that provides resident-only parking spaces. At controlled entrances, space shall be provided to allow a vehicle to turn around without backing into the street. Access to guest and delivery parking spaces shall not be restricted and shall be located in an area outside of any controlled entrance point.
C.
Connectivity. Multifamily residential development shall include the following in the design of streets, sidewalks, and pedestrian pathways providing connectivity:
1.
Internal sidewalks and pedestrian pathways shall provide an unobstructed walking surface a minimum of five feet in width and Americans with Disabilities Act (ADA) compliant with a minimum three-foot inside depth planter area where adjacent to a residential building/unit.
2.
Internal streets shall comply with the following as illustrated in Figure 17.115.060A:
Figure 17.115.060A  |
a.
A continuous vehicular and pedestrian network shall be required within the development.
b.
All internal streets, alleys, sidewalks, and pedestrian pathways in a development shall connect directly with existing and planned streets, alleys, sidewalks, and pedestrian pathways external and adjacent to the development.
c.
Any cul-de-sac or other dead-end street within the development longer than three hundred feet shall be connected to other internal or external streets by a pedestrian pathway.
d.
Blocks shall not exceed six hundred feet in length, measured from street centerline to street centerline, unless mid-block pedestrian connections are provided at intervals of no more than three hundred fifty feet apart. Such pedestrian connections shall include a ten-foot minimum wide sidewalk or pedestrian pathway.
D.
Landscaping and Useable Common Open Space. In addition to the open space requirements of each zoning district, a multifamily residential development shall design common open space areas to be useable areas subject to the following standards:
1.
Landscaping shall be located in all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or as listed as required amenities.
2.
Trees within landscaped areas shall be provided at a minimum size of thirty-six-inch box, or a minimum fortyeight-inch box if tree specimen has a twenty-foot canopy.
3.
Pedestrian pathways adjacent to common open space areas shall be constructed with a minimum of fifty percent stamped concrete finish.
4.
Useable common open space shall have a minimum dimension of fifteen feet in any direction and be contiguous to provide functional leisure or recreational activity.
5.
6.
Common open space areas shall be designed to provide specific amenities as shown in Table 17.115.060A based upon the number of units within a multifamily residential development. The required amenities outlined in Table 17.115.060A are additive and require that the Base Amenity Type and Minimum Size of Amenity be satisfied for the applicable number of units threshold, plus all preceding Base Amenity Type and Minimum Size of Amenity Type, plus any additional increase in number or size of the amenity based upon the Additive Amenity Ratio. As an example, a multifamily residential development consisting of sixteen units shall provide a business center with at least two work stations or a two hundred fifty square foot gym, plus an outdoor active use area or facility, plus forty-eight square feet of community garden area (thirty-two square feet plus sixteen square feet), and one barbeque area with seating.
Table 17.115.060A Multifamily Residential Development Amenity Standards | ||
|---|---|---|
# Of Units | Base Amenity Type and Minimum Size of Amenity | Additive Amenity Ratio |
4 | Barbeque with Table Seating | 1/10 Units |
8 | 32 sf Community Garden | 8 sf/4 Units |
12 | 1200 sf Outdoor Active Use Area | 50 sf/1 Unit |
16 | Provide One of Two: | |
• Business Center with 2 Work Stations • 250 sf Gym | • 1 Work Station/8 Units • 5 sf/1 Unit | |
24 | Provide Two of Three: | |
• Business Center with 2 Work Stations • 250 sf Gym • 400 sf Clubhouse with Kitchen | • 1 Work Station/8 Units • 5 sf/1 Unit • 5 sf/1 Unit | |
32 | All Amenities Listed as the Base for 24 Units | Same Rate as 24 Units |
40 | Add One 36 sf In-Ground Outdoor Spa | 1 – 64 sf Spa at 65 Units 2 – 36 sf Spas at 80 Units 2 – 64 sf Spas at 100 Units 1.5 sf Increase/ 1 Unit > 100 Units |
65 | Provide One of Two: | |
• 800 sf Pool • 1000 sf Children's Play Area1 | • 10 sf/1 Unit • 50 sf/1 Unit | |
80 | All Amenities Listed as the Base for 65 Units | Same Rate as 65 Units |
100 | All Base Amenities2 Listed for 80, 40, 32, 12, 8 and 4 Units | Same Rates for All Apply |
Notes: | |
|---|---|
1. | Substitute 400 sf Wellness Facility 55+ Age Restricted Development, with an Additive Amenity Ratio calculated at 5 sf/1 Unit. |
2. | Allows Wellness Facility Substitution for 55+ Age Restricted Development. |
E.
Illumination. Multifamily residential development shall incorporate the following into the design of lighting of parking lot areas, pedestrian pathways, and building and structure exteriors:
1.
All publicly accessible areas and areas commonly used by residents shall be lighted with the following footcandle (fc) levels as follows:
2.
Pedestrian lighting shall have a maximum height of fifteen feet.
3.
Surface parking area lighting fixtures shall be fully shielded, dark sky rated and mounted no more than twenty feet above the ground.
4.
Steady, non-flashing lighting of building features, artwork and special landscape elements shall be provided complimenting the building and site design, safe pedestrian circulation and gathering places, and without light spillage off-site.
F.
Equipment and Service Areas. Multifamily residential development shall incorporate the following in the design of equipment and service areas:
1.
All service connections and on-site utilities including wires and pipes shall be located underground.
2.
All exterior mechanical and electrical equipment, which includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems shall be architecturally incorporated into the design of buildings or screened so as not to be visible from the ground level of adjacent streets or properties within twenty feet. Screening materials shall be consistent with the exterior architecture, colors and materials of the building or structure with roof-mounted equipment painted to match the color of the roof surface.
3.
All ground-mounted mechanical equipment, storage utility boxes, and electric and gas meters shall be screened from visibility from the surrounding public vantage points (right-of-way, public trails, open space and parks). Said screening shall incorporate the same architectural design, colors, and materials as the building.
4.
Refuse collection and storage areas shall be designed in accordance with the requirements of the city's service provider and the following standards:
a.
Individual containers serving a dwelling unit are limited to multifamily residential development of four units or less and shall have designated storage space either within the assigned garage area serving the dwelling unit without obstructing the enclosed parking area or in a common enclosure that matches the architectural design, colors, and materials of the residential buildings.
b.
For multifamily residential development consisting of five or more units, common container areas shall be provided subject to the following:
i.
A structural enclosure shall be constructed using the same architectural design, colors, and materials as the residential building(s).
ii.
The enclosures shall be separated a minimum of twenty feet from any unit located within the multifamily residential development or from an adjacent parcel.
iii.
The enclosures shall be located a maximum of one hundred feet distance from the unit(s) served.
iv.
No minimum distance from dwellings is required if the containers are located within a fully enclosed room of the residential buildings, but the enclosed room shall be located a maximum of seventy-five feet from the unit(s) served.
(Ord. 768 § 2, 2021)
§ 17.115.070 Additional standards for mixed-use.
A.
Conformance with Standards and Requirements. Mixed-use development that includes a residential component shall meet the development standards of the zoning district and all applicable design standards of this chapter required for multifamily residential development.
B.
Ground Floor Height. If the building has the majority of the nonresidential component on the ground floor, the ground floor shall be taller than the floors above, with a minimum plate height of fourteen feet.
C.
Ground Floor Transparency. The following transparency standards shall apply dependent upon the type of the non-residential component located on the ground floor of the building:
1.
Commercial or Retail Uses. Exterior walls facing a street shall include windows, doors, or other openings for at least seventy-five percent of the building wall area between two and eight feet above the level of the sidewalk.
2.
Office, Hotel, and Other Nonresidential Uses. Exterior walls facing a street shall include windows, doors, or other openings for at least fifty percent of the building wall area between two and eight feet above the level of the sidewalk.
3.
No wall may run in a continuous plane for more than ten feet without an opening. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, sales areas, lobbies, or similar active spaces, or into window displays at least five feet deep.
D.
Storefront Treatment. Storefronts and associated outdoor spaces shall have diverse styles distinguishing them from the primary street facing façade of the building. Individual nonresidential tenant storefronts shall not span vertically beyond the ground floor height of the building, and shall be designed with the following unifying elements as illustrated in Figure 17.115.070A:
1.
When used, awnings shall be located within the building elements framing storefront openings, and shall be of the same height above the adjacent sidewalk. The rigid framework for awnings, shall be no lower than eight feet above the sidewalk under it. Signage of any type is prohibited on the exterior surface of the awning.
2.
A base panel shall be provided across the entire width of the storefront bay and between the vertical elements framing the bay for all of the storefronts within the building. The base panels shall be twenty-four inches or lower, measured above the sidewalk.
(Ord. 768 § 2, 2021)
§ 17.115.080 Permits and approvals.
A.
Ministerial Action. The review of and action on the design of multifamily residential development or mixeduse development with a residential component that complies with the provisions of this chapter is a ministerial action not subject to further discretionary review or action. The director has the authority to review applications for completeness and compliance with the provisions of this chapter.
1.
Ministerial design review shall be administered through the Precise Plan of Design requirements as outlined in Chapter 17.30 (Administration), unless modified herein by this chapter; and shall not require public notice, public hearing or be subject to any required findings for approval.
2.
Ministerial design review approval by the director shall determine that the proposed application and plans:
a.
Complies with all applicable design standards of this chapter.
b.
Complies with all applicable development standards of Title 17 (Zoning) without requiring a minor deviation or variance.
If the director is unable to make the above determination, review of the project design shall be subject to all application types, reviews and procedures as outlined in Chapter 17.30 (Administration).
3.
The director may, from time to time, provide a summary report as an informational item, to the planning commission, of any ministerial design review action on a development proposal subject to the provisions of this chapter. No action by the planning commission shall be required.
B.
Other Application Submittals and Types of Review. The following other types of application submittals and types of review may also apply, subject to the provisions outlined in this section:
1.
The SB 330 preliminary application review process is an additional review by the director and provides early identification of all standards and requirements applicable to a project. A review under this procedure is subject to all requirements and information and materials listed on the city's SB 330 preliminary application. The availability of this type of review shall sunset on January 1, 2025, unless extended by the state Legislature. The preliminary application review process is at the option of a project proponent and may only be implemented when all requirements of this chapter are satisfied, including all timeframes required for submittal of a formal application.
2.
If a development qualifies under the Senate Bill 35 eligibility criteria as outlined in this section, information and materials as listed on the city's SB 35 application (Affordable Housing Streamlined Review) shall be submitted for review by the director to determine eligibility.
3.
The provisions, including any requirement for review, hearing and action for minor deviation or variance as provided in Chapter 17.30 (Administration) shall apply to any multifamily residential development or mixed-use development with a residential component that proposes to deviate from any standard of this chapter. Such deviation shall null and void any ministerial design review action or eligibility for an affordable housing streamlined review process.
C.
Building Permit. All development subject to the requirements of this chapter shall require a building permit, subject to all the standard application, review and processing fees and procedures that apply to building permits generally.
D.
Fees. All development subject to the requirements of this chapter shall be accompanied by the required application fee. Application fees are established by council resolution.
E.
Preliminary Application. In compliance with Government Code Section 65941.1, a proponent of a multifamily residential development or mixed-use development with a residential component has the option of submitting a preliminary application subject to all of the following requirements:
1.
All of the information listed in city's SB 330 preliminary application form and payment of the preliminary application processing fee shall be submitted to the city.
2.
If the city determines that the preliminary application for the development project is incomplete, the project proponent must submit the specific information needed to complete the application within ninety days of receiving the city's written identification of the necessary information. If the project proponent does not submit this information within the ninety day period, then the preliminary application shall expire and have no further force or effect, and if any portion of the ministerial design review was completed or approved, it shall be deemed null and void.
3.
After submittal of all of the information required, if the project proponent revises the project to change the number of residential units or square footage of construction changes by twenty percent or more, excluding any increase resulting from density bonus law, the development proponent must resubmit the required information so that it reflects the revisions.
4.
The project proponent shall submit a formal application for a development project within one hundred eighty calendar days of submitting a complete preliminary application. If the city determines that the formal application for the development project is incomplete, the project proponent shall submit the specific information needed to complete the application within ninety days of receiving the city's written identification of the necessary information. If the project proponent does not submit this information within the ninety day period, then the preliminary application shall expire and have no further force or effect, and any such ministerial design review approval shall be deemed null and void.
5.
If the applicant revises the project between the preliminary application phase and the formal application phase, such that the number of residential units or square footage of construction changes by twenty percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the project shall not be deemed to have submitted a preliminary application, in satisfaction of state and city requirements, until the project proponent resubmits the required information, and if any portion of the ministerial design review was completed or approved, it shall be deemed null and void.
6.
Compliance with all applicable provisions of this chapter; specifically, the process and timeframes outlined in this Section, shall constitute a ministerial design review approval in conjunction with the preliminary application review if the director determines that the proposed application and plans:
a.
Complies with all applicable design standards of this chapter.
b.
Complies with all applicable development standards of Title 17 (Zoning) without requiring a minor deviation or variance.
If the director is unable to make the above determination, review of the project design shall be subject to all application types, reviews and procedures as outline in Chapter 17.30 (Administration).
7.
The director may, from time to time, provide a summary report as an informational item, to the planning commission, of SB 330 preliminary application reviews and associated ministerial design review action on a development proposal subject to the provisions of this chapter. No action by the planning commission shall be required.
F.
Affordable Housing Streamlined Review Eligibility Criteria. In compliance with Government Code Section 65913.4, also known as Senate Bill 35 (SB 35), a qualifying multifamily housing development project may submit to the director a request for an affordable housing streamlined approval. The director will determine if the project is eligible for streamlined approval within sixty days after application submittal for projects of one hundred fifty or fewer units, or within ninety days for larger projects. If the director denies the application as incomplete or ineligible for SB 35, the applicant may revise the project to comply with SB 35 and resubmit the application, subject to the same time-line for review. Once the application is accepted for review under SB 35, the director will approve or deny the project within ninety days after application submittal for projects of one hundred fifty or fewer units, or within one hundred eighty days for larger projects. To be eligible for streamlined processing under SB 35, the development project must satisfy all of the following criteria:
1.
The project must be a multifamily housing development that contains at least two residential units and comply with the minimum and maximum residential density range permitted for the site, plus any applicable density bonus.
2.
If more than ten residential units are proposed, at least ten percent of the project's units must be dedicated as affordable to households making below eighty percent of the area median income. If the project will contain subsidized units, the applicant has recorded or is required by law to record, a land use restriction for either a minimum of fifty-five years for rental type units, or a minimum of forty-five years for ownership type units.
3.
The project must be located on a legal parcel or parcels within the incorporated city limits. At least seventyfive percent of the perimeter of the site must adjoin parcels that are developed with urban uses; which means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. Parcels that are only separated by a street or highway shall be considered adjoined.
4.
The project must be located on a site that is either zoned or has a general plan designation allowing for multifamily residential development or mixed-use development with a residential component.
5.
The project must meet all objective design standards in effect at the time the application is submitted.
6.
The project must provide at least one parking space per unit without regard to unit size, number of bedrooms, or guest parking spaces; however, no parking is required if the project meets any of the following criteria:
a.
The project is located within one-half mile of public transit.
b.
The project is located within an architecturally and historically significant historic district.
c.
On-street parking permits are required but not offered to the occupants of the project.
d.
There is a car share vehicle within one block of the development.
7.
The project must be located on a property that is outside each of the following areas:
a.
Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by the city.
b.
Wetlands, as defined in the United States Fish and Wildlife Service.
c.
A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection, or within a high or 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 Public Resources Code.
d.
A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed-uses.
e.
A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
f.
A flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
g.
A floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
h.
Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
i.
Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
j.
Lands under conservation easement.
k.
A site that would require demolition of housing that is subject to recorded restrictions or law that limits rent to levels affordable to moderate, low, or very-low-income households; subject to rent control; or currently occupied by tenants or that was occupied by tenants within the past ten years.
l.
A site that previously contained housing occupied by tenants that was demolished within the past ten years.
m.
A site that would require demolition of an historic structure that is on a local, state, or federal register.
n.
A parcel of land or site governed by the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.
8.
The project does not involve an application to create separately transferable parcels under the Subdivision Map Act.
9.
The project proponent must certify to at least one of the following:
a.
The entirety of the project is a public work as defined in Government Code Section 65913.4(8)(A)(i).
b.
The project is not in its entirety a public work and all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area.
c.
The project includes ten or fewer units, is not a public work and does not require subdivision.
10.
If the project consists of fifty or more units that are not one hundred percent subsidized affordable housing, the project proponent must certify that it will use a skilled and trained workforce, as defined in Government Code Section 65913.4(8)(B)(ii).
(Ord. 768 § 2, 2021)