Mendota City Zoning Code

CHAPTER 17

08 - ADMINISTRATIVE PROVISIONS

17.08.010 - Application of chapter.

The general provisions and exceptions set forth in this chapter where applicable shall apply in all zone districts.

(Prior code Art. 13.21 (part))

17.08.020 - Administration.

Schedule of Filing Fees. Filing fees shall be paid by the applicant to the city to cover the expenses of processing, posting, advertising or other costs incidental to the several procedures in this title. The filing fees shall be set by a resolution of the city council. Said fees shall be reviewed on an annual basis to ensure their currency.

Legal Procedures. This section is in addition to other provisions of this title and other city ordinances relating to the legal status of conditions and activities in the city.

If any portion of a privilege authorized by the issuance of a conditional use permit or variance is utilized, all terms and conditions attached thereto shall immediately become effective and shall be complied with. Violation of any such term or condition shall constitute a nuisance and violation of this title and shall be subject to the same penalties as any other violation of this code.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, any use of land, building or premises established, conducted or operated, or maintained contrary to the provision of this title shall be and the same is declared to be unlawful and a public nuisance and the matter may be abated or corrected by court process, by action of city forces or by the filing of a criminal action for violation of this title; said remedies to be cumulative.

Injunction. Any resident or property owner in the city and any resident or property owner within one mile of the city limits shall have standing to obtain a mandatory, prohibitory injunction to prevent the violation of this title.

(Prior code § 13.21.011)

17.08.030 - Addition of permitted uses.

Procedure. When the classification of an unlisted use is requested, it shall be the duty of the city planner (or the planning commission or city council in case of an appeal) to ascertain all the pertinent facts concerning such use, set forth in writing its findings and the reasons for designating a specific classification for such use.

The applicant shall file a request with the city planner for a decision. The planning commission and the city council also may initiate an application.

The city planner shall render a written decision not less than thirty (30) days after such application is made and shall notify the applicant, any person requesting such notice, the planning commission, and the city council of such decision.

An appeal may be filed by any aggrieved person within fifteen (15) days after the mailing of the notice of such a decision.

The planning commission, or the city council upon further appeal, shall hear such appeal of the decision within forty (40) days after the date of the filing of such appeal.

The planning commission, or the city council upon further appeal, shall render a decision within fifteen (15) days after the hearing of such appeal.

The applicant shall be notified in writing at the address shown on the application of the planning commission's decision and the city council's decision if such appeal is made.

Findings.

Criteria. Upon application or on his own initiative, the city planner may add a use to the list of permitted uses prescribed in Chapters 17.12 through 17.84 of this code upon making the following findings:

That the addition of the use to the list of permitted uses will be in accordance with the purposes of the district in which the use is proposed;

That the use has the same basic characteristics as the uses permitted;

That the use will not be detrimental to the public health, safety or welfare;

That the use will not adversely affect the character of the district;

That the uses will not create more odor, dust, smoke, noise, vibration, illumination, glare, fire or explosion hazard, or unsightliness, or any other objectionable influence, than that normally created by any of the uses permitted in the district.

Classification. The city planner (or planning commission or city council in case of an appeal) shall classify such use as to permitting such use by right or permitting such use subject to a conditional use permit.

Effect of Determination. Uses classified pursuant to this section shall be regarded as listed uses. The city shall maintain an up-to-date list of all such classifications.

Similarity. It is recognized that not every conceivable use can be identified in this title. The city planner may determine that a proposed use is substantively similar to, is a subcategory of, or is otherwise inseparable from a use already permitted or conditionally permitted within the subject zone such that the proposed use can be permitted or conditionally permitted without formally classifying it pursuant to this section.

(Prior code § 13.21.001)

(Ord. No. 14-02, § 7, 2-11-2014)

17.08.040 - Amendments to the zoning ordinance.

Scope. An amendment to this title which changes any property from one district to another, or imposes any regulation not heretofore imposed, or removes or modifies any such regulations heretofore imposed shall be initiated and adopted by the following procedure.

Initiation. Amendments to this title may be initiated in the following manner:

The commission, council, or staff may propose an amendment by scheduling a public hearing before the commission to consider the proposed amendment;

A property owner or the authorized representative of an owner may propose an amendment to change property from one district to another by filing a verified petition with the commission; provided, however, such a petition shall be signed by the owners of at least sixty (60) percent of the area directly affected by such proposed amendment.

Petitions.

Form of Petition. The commission shall prescribe the form in which applications for changes of districts are made. The commission may prepare and provide blanks for such purpose and may prescribe the type of data and information to be provided by the petitioner to assist in determining the validity of the request. No application shall be received unless it is full and complete and complies with such requirements.

Verification of Petition. The city manager shall verify the accuracy and completeness of the application and the date of verification shall be noted on the application.

Change of C-1, C-2, C-3 or SC Districts. In addition, the applicant may provide to the commission such data and information as will assist the city manager in making a recommendation to the commission to justify its findings to the council as to the location and size of the proposed rezoning. Such data may include:

Economic studies and surveys;

Traffic studies;

Population studies; and

Any other information deemed pertinent.

Filing Fee. When an application to change property from one district to another is filed, a fee shall be paid for the purpose of defraying the costs incidental to the proceedings.

Administrative Investigation. The city manager shall study the proposed amendment and shall provide the information necessary for action consistent with the intent and purpose of this chapter and the general plan.

Notice of Public Hearing.

If amendments are proposed by petition, the secretary shall set the matter for public hearing no less than ten (10) days nor more than sixty (60) days after the verification of the proposal.

Notices of required public hearings shall contain a description of the property under consideration, the nature of the proposed change, the time and place of the hearing, the body presiding over the hearing, the recommendation of the commission, if applicable, and any other pertinent data. Notice shall be given by at least one publication in a newspaper of general circulation in the city at least ten (10) days before the hearing.

When the amendment involves the reclassification of property, additional notice shall be given by mailing a notice not less than ten (10) days prior to the date of the hearing to the owners of property within a radius of three hundred (300) feet from the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as shown on the latest adopted tax roll of the county or by posting of the property not less than ten (10) days before the hearing.

Any failure to make notices as aforesaid shall not invalidate any proceedings taken for amendments under this chapter.

Commission Public Hearings—Recommendations and Notice Thereof.

The commission shall, not less than ten (10) days after the publication of the legal notice of a public hearing on an amendment, hold such hearing.

If, for any reason, testimony on any case set for public hearing cannot be completed on the day set for such hearing, the commissioner presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to and at which such hearings will be continued, and such announcement shall serve as sufficient notice.

Upon the completion of a public hearing, the commission shall, not later than forty (40) days thereafter, render its decision on the matter so heard. Failure to so act within said forty (40) days shall serve to automatically and immediately refer the whole matter to the council for such action as it deems warranted under the circumstances. In the event of such failure on the part of the commission to act, the city manager shall immediately deliver to the council all of the records of the matter involved.

The recommendation for the approval of any amendment shall be by resolution of the commission carried by the affirmative votes of not less than a majority of its total voting members. A resolution for recommendation which receives a majority vote of the members present and voting but not a majority vote of the total voting members of the commission may, with the consent of the applicant, if any, and by majority vote of the members present, be continued until the next regular or special meeting of the commission; however, if the majority of the members present do not vote to continue the matter or the applicant does not consent thereto, then the action shall constitute disapproval. A resolution for the approval of any amendment which fails to carry by reason of no votes of a majority of the members present shall be deemed a disapproval.

The commission shall announce and record its action by formal resolution. Such resolution shall be filed with the council.

Not later than ten (10) days after final action by the commission on an application, notice of the decision shall be mailed to the applicant.

A denial by the commission shall be final unless appealed to the council within fifteen (15) days of the date such resolution is filed with the council.

An appeal may be initiated by the applicant or by any aggrieved person.

Council Public Hearing. The hearing date of the council public hearing shall be set by the city clerk for not less than ten (10) days or more than sixty (60) days after the filing of the commission's resolution with the council. Notice shall be given as provided in Section 17.08.040(F).

Notice of Council Public Hearing—Decision and Notice Thereof.

The council shall, not less than ten (10) days after the legal notice of a public hearing on a proposed amendment, hold such public hearing.

The council may approve the proposed amendment and enact it by ordinance or disapprove it. The council shall not alter the proposed amendment without referral back to the commission unless such alteration was previously considered by the commission and unless, in the case of a district change, such alteration is more restrictive or reduces the area under consideration. A copy of the decision shall be mailed to the applicant at the address on the application. The decision shall be made within fifteen (15) days of the hearing. When the proposed amendment is referred back to the commission, the commission shall render a report to the council within forty (40) days of such referral, and the council shall render its decision within forty (40) days of the receipt of the report of the commission.

Appeals on Denials.

The council, not more than forty (40) days after the denial by the commission, shall hear such appeal after giving notice pursuant to Section 17.08.040(F).

The council shall refer any proposed reversal of such denial back to the commission for a report.

The commission shall render such report to the council within forty (40) days of such referral.

The council shall render its decision within forty (40) days of the receipt of the report from the commission.

Reapplications for District Amendments. No person, including the original applicant, shall reapply for the same change of district on the same lot or lots within a period of one year from the date of the final decision on such previous application unless such decision is a denial without prejudice.

Appeals—Time Limits. Appeals, if any, to a court of competent jurisdiction shall be made within thirty (30) days after the final decision by the council. In the event such action is not appealed within thirty (30) days following the council's decision, it shall be presumed that the petitioner to a court has not acted with due diligence in asserting his rights, and the action of the city shall be deemed to be final.

Conditional Zoning.

The council may impose conditions to the zoning reclassification of property, to be given an appropriate designation on the zone map, where such conditions are essential to:

The community's protection against potentially harmful effects of the proposed use; or

Where such conditions are required to adjust the proposed use to the community's needs.

In the event conditions to zoning are imposed, a site plan review shall be required prior to development as provided in Section 17.08.090.

(Amended during 1995 codification; prior code § 13.21.002)

(Ord. No. 19-02, § 3, 4-9-2019)

17.08.050 - Application for conditional use permit.

Purpose. The purpose of a conditional use permit is to allow for enhanced review of particular uses that are not permitted in a particular zone district by right due to characteristics of those uses that may require additional mitigation in order to reduce their potential for impacting other proximal uses.

Filing, Form, and Content. Application for a conditional use permit shall be filed by the owner or lessee of the property for which the permit is sought, or by the authorized representative of the owner or lessee. Application shall be made on a form prescribed by the planning commission, and except as may be modified herein, shall otherwise meet the requirements of Section 17.08.090 of this title.

Verification. The city planner shall verify the accuracy and completeness of the application.

Formal Acceptance. Within thirty (30) days after submission of the application, the city planner shall notify the applicant in writing of the completeness of the application. If the application is not complete, the communication shall state the manner in which the application needs to be supplemented in order to be complete. When the application is found to be complete, it shall formally be accepted for processing. The date of formal acceptance shall be noted on the application. Acceptance of the application as complete shall not constitute an indication of approval.

Filing Fee. When the application for a conditional use permit is filed, the applicant shall pay a fee in an amount fixed by resolution of the city council for the purpose of defraying the costs associated with review and consideration of the application.

Administrative Investigation. The city planner shall investigate the facts bearing on the application, including as necessary information from utilities purveyors, service providers, and/or other public or private entities whose functions are integral to the operation of, or that may be affected by, the proposed use.

Minor and Major Conditional Use Permits. There shall be two classes of conditional use permit: minor and major. As part of the application process, the city planner shall make the determination of how a particular proposal shall be classified.

Minor Conditional Use Permit. A proposal may be considered for a minor conditional use permit if it meets one or more of the following criteria:

The use involves no new construction, excluding fences and/or signs.

The use will occupy an existing structure and involves no modifications to the building or site aside from those for aesthetic purposes or to provide compliance with city, state, or federal regulatory requirements; or

The use involves expansion of an existing structure by less than ten (10) percent of its existing size.

Major Conditional Use Permit. Any proposal not meeting the criteria described in [subsections] (G)(1)(a), (b), or (c) above shall be classified as a major conditional use permit. Further, if a project meets criteria (G)(1)(a), (b), and/or (c) above, but the city planner determines that there are extenuating circumstances related to the project's potential to adversely impact nearby properties or facilities, the city planner may determine that said project be processed as a major conditional use permit.

Minor Conditional Use Permit Notice and Action.

Following completion of the administrative investigation, the city planner shall determine the date on which the application will be considered. Not less than ten (10) days prior to the date of consideration, the city planner shall provide notification pursuant to California Government Code § 65091.

On the date of consideration stated in the public notice, the city planner shall consider the application, including all information gathered during the administrative investigation and public notice period.

The city planner shall make a determination to approve, approve with conditions, or deny the application. In approving a conditional use permit, the city planner shall find that:

The site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping and other features to adjust such use with the land and uses in the neighborhood;

That the site for proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

That the proposed use will have no adverse effect on abutting property or the permitted use thereof;

That the conditions stated in the project approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include:

Special yards, spaces and buffers;

ii.

Fences and walls;

iii.

Surfacing of parking areas subject to specifications;

iv.

Requiring street dedications and improvements (or bonds) subject to the provisions of site plan review, Section 17.08.090, including service to roads or alleys when practical;

Regulation of points of vehicular ingress and egress;

vi.

Regulation of signs;

vii.

Requiring landscaping and the maintenance thereof;

viii.

Requiring the maintenance of the grounds;

ix.

Regulation of noise, vibration, odors, etc.;

Regulation of time for certain activities;

xi.

The time period within which the proposed use shall be developed;

xii.

A bond for the removal of such use within a specified period of time;

xiii.

Such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purpose set forth in this title.

Appeal to the Planning Commission. The applicant or any aggrieved person may appeal the decision of the city planner to the planning commission. The appeal shall be in writing and shall state the reason(s) for the appeal. The appeal shall be filed with the clerk within fifteen (15) days after the date on which the city planner made the determination regarding the project.

Notice of Planning Commission Hearing. Notice of the public hearing before the planning commission shall be given according to subsection (H)(1). The planning commission shall conduct a public hearing on the conditional use permit, and shall uphold or deny the appeal based on the findings listed in subsection (H)(3). The decision of the planning commission may be appealed to the city council as provided in subsections (H)(4) and (H)(5). herein.

Major Conditional Use Permit. Following the administrative investigation by the city planner, the planning commission shall hold a public hearing to consider a major conditional use permit.

Notice of Commission Hearing. Notice of hearing for a major conditional use permit shall be in accordance with California Government Code § 65091.

Public Hearing Procedure. The city planner shall make a written report to the planning commission detailing the proposal and providing a recommendation for approval, approval with conditions, or denial, including a statement to support such recommendation. The planning commission shall review the report and the statement and shall receive pertinent evidence and testimony concerning the proposal and the conditions under which it would be operated and maintained.

Planning Commission Determination. Based upon the recommendation from the city planner and any evidence and/or testimony received during the public hearing, the planning commission shall approve, approve with conditions, or deny the proposal. The commission shall announce its determination by resolution within forty (40) days after the conclusion of the public hearings. Such resolution shall set forth the findings contained within subsection (H)(3) herein and any recommended conditions, including time limits, deemed necessary to protect the health, safety and welfare of persons in the neighborhood and in the community as a whole. The resolution shall be mailed to the applicant at the address shown in the application. The applicant, or any aggrieved person, may appeal any decision of the commission to the city council as provided in subsections (H)(4) and (H)(5) herein.

Effect of Decision. Unless an appeal is submitted to the city clerk as provided in subsections (H)(4) and (H)(5) herein, the decision of the approving entity shall be final and effective. An appellate body may affirm, reverse, or modify a decision, provided, however, that if a decision denying a use permit is reversed or a decision granting a use permit is modified, the appellate body shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a use permit as prescribed in Section 17.08.050(H)(3).

Building Permits and Occupancy. Before a building permit shall be issued for any building or structure proposed within a conditional use permit, the building department shall secure written verification from the city planner that any proposed building location(s) is in conformity with the approved site plan, if applicable, and any conditions of approval have been met. Before a building may be occupied, the building inspector shall verify to the city planner that the site has been developed in conformity with the approved site plan, if applicable, and any conditions of approval.

Lapse of Use Permit. A use permit shall lapse and shall become void one year following the date on which the use permit became effective unless, by conditions of the use permit a greater time is prescribed or unless, prior to the expiration, a building permit is issued by the building official and construction is commenced and being diligently pursued in accordance with the use permit. A use permit may be renewed for an additional period of one year or for a lesser or greater period as may be specified, provided that a written request for renewal is filed with the city planner not less than thirty (30) days prior to the expiration of the previous time period granted. The city planner may grant or deny a request for renewal. Such determination shall be in writing, and shall contain the basis for the determination.

Mapping. Within thirty (30) days after the granting of a conditional use permit the city planner shall indicate on the zone map the lots affected by such conditional use permit. Such indication shall show the file number of such permit.

Revocation. A conditional use permit may be revoked for failure to comply with conditions of approval, violation of this code, or violations of state or federal statute or regulations as applicable to the use(s) described in the conditional use permit. Upon violation of any applicable provision, the use permit shall be suspended automatically. Notice of suspension shall be sent immediately by the planning official to the applicant or person responsible for noncompliance, and all construction or action relating to the violation shall cease. Within thirty (30) days of the notice of suspension, the planning commission shall consider the suspension. Proceedings for consideration of revocation of a conditional use permit shall be as described in Section 17.08.050(I). If not satisfied that the regulations, provisions or conditions are being fully complied with, the commission shall revoke the use permit or take such action as may be necessary to ensure compliance.

Conditional Use Permit to Run With the Land. A use permit granted pursuant to the provisions of this title shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application. Conditions of approval associated with the original granting of the use permit shall apply to all successors.

New Application. Following the denial of a conditional use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same use on the same site shall be filed within one year from the date of denial or revocation of the use permit.

(Amended during 1995 codification; prior code § 13.21.003)

(Ord. No. 14-02, §§ 1, 2, 2-11-2014)

17.08.060 - Application for accessory dwelling unit permit.

Purpose. This section establishes development and operations standards for accessory dwelling units and establishes a ministerial review process for the approval of such accessory dwelling units consistent with Government Code Section 66310, as may be amended from time to time.

Density and Consistency. Accessory dwelling units that confirm to the requirements of this section and with the requirements of Government Code Section 66310 shall:

Not be considered for the purposes of evaluating the density requirements established in the general plan.

Be found consistent with the existing general plan designation and zoning for the lot.

Not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.

Application. Application for a permit for an accessory dwelling unit or a junior accessory dwelling unit shall be the same as application for a building permit for a single-family residence.

Filing Fee. The filing fee associated with an accessory dwelling unit or a junior accessory dwelling unit shall be the calculated in the same manner as the filing fee associated within a single-family residence.

Mandatory Approval ADUs. The following types of ADUs shall be permitted in residential or mixed-use zones, unless specifically stated otherwise, and shall comply with the following criteria. No additional developments standards shall apply.

Detached Accessory Dwelling Units.

Location.

(1)

Detached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling.

(2)

Detached ADUs may be located in an existing accessory structure.

Maximum Number of Detached ADUs.

(1)

When accompanied by a proposed or existing single-family dwelling, the maximum number of detached ADUs shall be one. The detached ADU may be in addition to an existing or proposed attached ADU and an existing or proposed JADU.

(2)

When accompanied by a proposed or existing multi-family dwelling, the maximum number of detached ADUs shall be two per lot. Detached ADUs are not required to be detached from each other but must be detached from the multifamily dwelling.

(3)

In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses.

Floor Area.

(1)

The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

(2)

When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than one thousand two hundred (1,200) square feet.

(3)

When an existing accessory structure is converted to a detached ADU, the maximum square feet may exceed one thousand two hundred (1,200) square feet to an amount equal to the square footage of the existing accessory structure to be converted.

Minimum Setbacks. Four-foot side, street side, and rear yard, except when converting or replacing an existing accessory structure that is less than four feet from the side, street side, or rear yard.

Maximum Height. The maximum height of detached ADUs shall be as follows:

(1)

For one story detached ADUs, the maximum height shall be sixteen (16) feet. Where the detached ADU is located within one-half mile walking distance of a major transit stop or a high-quality transit corridor or with an existing or proposed multifamily dwelling of more than one story, the maximum height shall be eighteen (18) feet.

(2)

For two story detached ADUs, the maximum height shall be twenty-five (25) feet.

(3)

Height Exceptions.

(a)

An additional two feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

(b)

When an existing accessory structure is converted to a detached ADU, the maximum height may exceed the limits of Section 17.08.60(D)(1)(c) to an amount equal to the height of the existing accessory structure to be converted.

Parking.

(1)

One parking space shall be required for use by the detached ADU in addition to the minimum parking required for the primary single-family or multifamily dwelling(s). The surface of the parking space shall be improved and may be covered or uncovered.

(2)

Exceptions. No parking shall be required in any of the following circumstances:

(a)

The detached ADU is located within one-half mile walking distance of public transit.

(b)

The detached ADU is located within an architecturally and historically significant historic district.

(c)

The detached ADU is part of the proposed or existing primary residence or an accessory structure.

(d)

On-street parking permits are required but not offered to the occupant of the detached ADU.

(e)

There is a car share vehicle located within one block of the detached ADU.

Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in the primary dwelling or the newly created detached ADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

Development Standards. Detached ADUs shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an eight hundred (800) square foot detached ADU.

Attached ADUs.

Location. Attached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling.

Maximum Number of Detached ADUs.

(1)

When accompanied by a proposed or existing single-family dwelling, the maximum number of attached ADUs shall be one. The attached ADU may be in addition to an existing or proposed detached ADU and an existing or proposed JADU.

(2)

In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses.

Floor Area.

(1)

The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

(2)

The maximum floor area shall be fifty (50) percent of the primary dwelling unit floor area, or one thousand two hundred (1,200) square feet, whichever is greater.

Minimum Setbacks. Four-foot side, street side, and rear yard, except when converting or replacing an existing accessory structure that is less than four feet from the side, street side, or rear yard.

Maximum Height. The maximum height of attached ADUs shall be two stories and twenty-five (25) feet or the maximum height specified by the base zone district, whichever is lower.

Parking.

(1)

One parking space shall be required for use by the attached ADU in addition to the minimum parking required for the primary single-family dwelling. The surface of the parking space shall be improved and may be covered or uncovered. If the proposed or existing single-family dwelling provides two parking spaces on-site, no additional parking shall be required.

(2)

Exceptions. No parking shall be required in any of the following circumstances:

(a)

The attached ADU is located within one-half mile walking distance of public transit.

(b)

The attached ADU is located within an architecturally and historically significant historic district.

(c)

The attached ADU is part of the proposed or existing primary residence or an accessory structure.

(d)

On-street parking permits are required but not offered to the occupant of the attached ADU.

(e)

There is a car share vehicle located within one block of the attached ADU.

Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created attached ADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

Development Standards. Attached ADUs shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an eight hundred (800) square foot attached ADU.

Conversion ADUs.

Location. Conversion ADUs are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

Maximum Number of Conversion ADUs. The maximum number of conversion ADUs allowed shall be no more than twenty-five (25) percent of the number of existing or proposed multifamily units. However, in no case shall less than one conversion ADU be allowed.

Floor Area.

(1)

The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

(2)

The maximum floor area shall be fifty (50) percent of the primary dwelling unit floor area, or one thousand two hundred (1,200) square feet, whichever is greater.

Minimum Setbacks. Four-foot side, street side, and rear yard, except when converting existing and eligible square footage that is less than four feet from the side, street side, or rear yard.

Parking. No additional parking shall be required.

Junior ADUs (JADUs).

Location. JADUs must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A JADU must be located within the walls of the primary single-family dwelling, including but not limited to, an attached garage.

Maximum Number of JADUs.

(1)

When accompanied by a proposed or existing single-family dwelling, the maximum number of JADUs shall be one. The JADU may be in addition to an existing or proposed detached ADU and an existing or proposed attached ADU.

(2)

In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses.

Floor Area.

(1)

The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

(2)

The maximum floor area shall be five hundred (500) square feet.

Parking. No parking shall be required for the JADU.

Exterior Access. Access shall be provided to the JADU independent from the primary dwelling.

Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the JADU shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the JADU.

Kitchen Features. An efficiency kitchen shall be provided, including the following minimum features:

(1)

A cooktop, refrigerator, and compact sink. A removable hot plate may be considered a cooktop for purposes of this requirement. Appliances shall require no more than a 120-volt electrical connection.

(2)

Food preparation counter space of a minimum twenty-four (24) inches in width and a minimum of one food storage cabinet of a minimum twenty-four (24) inches in width.

Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following:

(1)

A prohibition on the sale of the JADU separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.

(2)

A restriction on the size and attributes of the JADU that conforms with this section.

Development and Occupancy Standards. The following standards shall apply to detached ADUs, attached ADUs, conversion ADUs, and JADUs.

Fire Sprinklers. Fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary dwelling(s). The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing single-family or multifamily dwelling.

Long-Term Rentals Only. Rental of the accessory dwelling unit created pursuant to this section shall be for a term longer than thirty (30) days.

(Ord. No. 14-02, §§ 3, 4, 2-11-2014; Ord. No. 24-02, § 1(Exh. A), 5-28-2024)

Editor's note— Section 3 of Ord. No. 14-02, adopted Feb. 11, 2014, repealed § 17.08.060 and § 4 of said ordinance enacted new provisions as set out herein. Former § 17.08.060 pertained to application for conditional use permit (second units), and derived from prior code § 13.21.012.

17.08.070 - Application for variance.

Purposes. The planning commission has authority to grant variances and to specify terms and conditions thereof, pursuant to the provisions of this title. The granting of any variance, and the conditions attached to such a grant, shall assure that such variance does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and zone in which the property is situated. Variance shall apply to regulations regarding structures and any physical conditions on the site, but shall not apply to types of uses where the conditional use permit or zoning amendment is a more appropriate procedure.

Conditions Necessary to Granting Variances. A variance may be granted only when all of the following conditions exist in reference to the property being considered:

There are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other property in the vicinity having the identical zoning classification;

Such variance is necessary for the preservation and enjoyment of a substantial property right of an applicant, which right is possessed by other property owners under like conditions in the vicinity having the identical zoning classification;

The granting of a variance will not be materially detrimental to the public welfare or injurious to property and improvements in the vicinity in which the property is located; and

The granting of such a variance will not be contrary to the objectives of the general plan.

Procedure.

Initiation of Proceedings. A proceeding for the consideration of variance may be initiated by the commission, council or by a verified application.

Administrative investigation. The city manager shall investigate the facts bearing on each case to provide the information necessary for action consistent with the intent and purpose of this title.

Formal Acceptance. If the application is found to be accurate and complete, it shall be formally accepted. The date of formal acceptance shall be noted on the application. Acceptance of the application shall not constitute an indication of approval.

Filing Fee. When the application for a variance is filed, a fee as provided for by resolution shall be paid for the purpose of defraying the costs incidental to the proceedings.

Applications.

Filing. Application for variances shall be filed by the owners or lessees of the property for which the variance is sought or by the authorized representative of either the owner or lessee.

Form and Content. Such applications shall be made to the commission on forms furnished by the department and shall set forth in detail the reasons for the requested variance, shall show how the conditions set forth in subsection B of this section are satisfied, and shall provide other information as may be prescribed by the commission to assist in determining the validity of the request.

Verification. The city manager shall verify the accuracy and completeness of the application. The date of verification shall be noted on the application. Such verification shall be made within fifteen (15) days of the date of the application.

Not In Scope. In cases where the city manager considers the reasons set forth in the application not all within the scope of the variance procedure, the application is filed and the fees are accepted, the application shall be signed by the applicant to the effect that he was so informed.

Public Hearing.

The planning commission shall hold a public hearing on each variance application. Notice and procedures shall be in accordance with the provisions of Section 17.08.050(D) and (E).

The commission may deny an application for a variance, may grant the variance as requested or may grant a variance subject to such conditions and limitations as the commission may prescribe.

Effect of Decision and Other Procedures. The effect of the commission's action, appeal to the city council, granting of building permits, lapse of variance, revocation, applicability and new applications shall be governed by the same procedures as conditional use permits, Section 17.08.050(H), (I), (J), (K), (L), (M), (N) and (O).

(Amended during 1995 codification; prior code § 13.21.004)

17.08.080 - Application for minor variance.

Purpose and Procedure.

A minor variance may be granted by the city manager upon written request, subject to such conditions as he may impose without any notice or appeal if he finds that to do so would not be detrimental to the public welfare or injurious to property and improvements in the areas in which the property is located. When in the public interest, the city manager may consider and render decisions on applications involving minor deviations from the provisions of this title, limited to the following:

Area and lot dimension requirements may be reduced by not more than ten (10) percent of that required in the district.

Yard requirements may be reduced by permitting portions of a building or structure to extend into and occupy not more than ten (10) percent of the area required.

Maximum building height requirement may be increased by not more than ten (10) percent.

Permission to utilize exterior metal siding or roofing materials on a one-family dwelling, one-family manufactured home or one-family mobile home, provided that before said permission is granted, the zoning administrator shall make a finding that the metal siding or roofing is compatible with the siding or roofing material used on other one-family dwellings, one-family manufactured homes or one-family mobile homes in the surrounding neighborhood.

Application and Fee. The provisions of Section 17.08.070(B), (C), (D) and (E) shall apply.

(Amended during 1995 codification; Ord. 94-07 § 4, 1994; prior code § 13.21.005)

(Ord. No. 14-02, § 14, 2-11-2014)

17.08.090 - Application for site plan review.

Purpose. The purpose of site plan review is to provide an avenue for expeditious approval of projects that are listed as permitted uses within the subject zone district, and that are therefore presumed to be consistent with both the zoning ordinance and the general plan of the city of Mendota.

Filing, Form, and Content. Application for site plan review shall be filed by the owner or lessee of the property for which the permit is sought or by the authorized representative of the owner or lessee. Application shall be made on a form prescribed by the planning commission which shall include the legal description of the property, a site plan, drawings, photographs, and such other pertinent information that may be required by the city planner. The information listed in items (1) through (25) shall be illustrated on the site plan as appropriate or otherwise submitted with the application for site plan review:

Name and address of applicant;

Statement that the applicant is the owner or lessee of the property or is the authorized representative of the owner or lessee, or is the plaintiff in an action in eminent domain to condemn the property;

Address or description of the property;

Lot dimensions;

Location, elevation, size, height, and proposed use of all buildings and structures;

Yards and spaces between buildings;

Walls and fences: locations, height, and materials;

Off-street parking: location, number of spaces, dimensions of parking area and internal circulation pattern;

Access: pedestrian, vehicular and service, points of ingress and egress and internal circulation;

10.

Location, size and height of all signs;

11.

Loading: locations, dimensions, number of spaces and internal circulation;

12.

Lighting: location, general nature and hooding devices;

13.

Street dedications and improvements;

14.

Location of trash pickup facilities and screening;

15.

Location, species, and maturity of landscaping and irrigation system;

16.

Existing and proposed utilities, including offsite utilities that will serve the project site;

17.

Composition of material comprising exterior surfaces of buildings;

18.

Adjacent public rights-of-way, including median island detail where applicable;

19.

Proposed surfacing of all paved areas;

20.

Proposed drainage of the site;

21.

Any proposed phasing;

22.

Preliminary title or lot book report for the parcel;

23.

Environmental supplement application;

24.

Roof-mounted equipment and screening, existing and proposed;

25.

Location of mail delivery system.

Verification. The city planner shall verify the accuracy and completeness of the application.

Formal Acceptance. Within thirty (30) days after submission of the application, the city planner shall notify the applicant in writing of the completeness of the application. If the application is not complete, the communication shall state the manner in which the application needs to be supplemented in order to be complete. When the application is found to be complete, it shall be formally accepted for processing. The date of formal acceptance shall be noted on the application. Acceptance of the application as complete shall not constitute an indication of approval.

Filing Fee. When the application for a site plan review is filed, the applicant shall pay a fee in an amount fixed by resolution of the city council for the purpose of defraying the costs associated with review and consideration of the application.

Public Notice and Action.

The city planner shall make a determination to approve, approve with conditions, or deny the application. In approving a site plan, the city planner shall find that:

The site plan is consistent with the requirements of the zoning ordinance;

The site plan is consistent with the general plan;

The following are so arranged that traffic congestion is avoided, pedestrian and vehicular safety are protected, and there will be no significant adverse effect on surrounding properties or the environment:

Facilities and improvements;

ii.

Vehicular ingress, egress, and internal circulation;

iii.

Setbacks;

iv.

Height of buildings;

Location of services;

vi.

Walls;

vii.

Landscaping;

viii.

Lighting is so arranged as to reflect light away from adjoining properties; and

ix.

Signs.

The city planner's decision shall be final unless appealed to the planning commission.

Reserved.

Notice of Planning Commission Hearing. Notice of the public hearing before the planning commission shall be given according to subsection (G)(1). The planning commission shall conduct a public hearing on the site plan, and shall uphold or deny the appeal based on the findings listed in subsection (G)(3). The decision of the planning commission may be appealed to the city council as provided in subsections (J) and (K) herein.

Minor Site Plan Review. A minor site plan review is a site plan review consisting only of the expansion or conversion of an existing building or structure by less than ten (10) percent of its floor area or of minor building and/or site improvements intended to bring the site into compliance with city requirements.

A minor site plan review shall be filed, submitted and reviewed in the same manner as other site plan reviews, except that the city planner shall approve, approve with conditions or disapprove the minor site plan review without notice, provided that written findings are made that the proposal will not be detrimental to the public welfare or injurious to property and/or improvements in the vicinity of the project.

Appeal to Planning Commission. The determination of the city planner may be appealed to planning commission as provided in subsections (J) and (K) herein.

Appeal to City Council. The determination of the planning commission on appeal may be appealed to the city council as provided in subsections (J) and (K) herein.

Expiration of Site Plan Approval. An approved site plan shall lapse and become null and void two years following the date of approval unless, prior to the expiration of two years, a building permit is issued by the building department and construction is being diligently pursued. For phased site plans that are not also subject to a development agreement, the city planner may provide an alternative duration of site plan validity, not to exceed five years following the date of approval.

Street Dedications and Improvements Required. Because of changes that may occur in neighborhood due to increases in vehicular traffic generated by facilities requiring a site plan review, and upon the principle that all development projects should provide street dedications and improvements in proportion to the increased vehicular traffic resulting from such development project, but should not be required to provide street facilities for non-related traffic, the following dedications and improvements may be deemed necessary and may be required as conditions to the approval of site plan review.

When the Development Borders or is Traversed by an Existing Street.

Minor Streets, Local Streets and Culs-De-Sac. Dedicate all necessary rights-of-way to widen the street to its ultimate width as shown on any master or precise plan of streets and highways; install curbs and gutters, drainage facilities, sidewalks, street trees, street signs, street lights, required utilities, and street pavement from curb to existing pavement.

Major and Collector Streets. Dedicate all necessary rights-of-way to widen the street to its ultimate width as established by any master plan or precise plan of streets and highways or where the ultimate right-of-way lines are otherwise determinable and the grades have been established or can be determined; install curbs and gutters, drainage facilities, sidewalks, street trees, street signs, street lights, required utilities, and street pavement for a minimum of one parking lane and one travel lane abutting the development. In no case shall a person be required to dedicate or improve the right-of-way for a half street for a distance in excess of forty-two (42) feet as measured from the ultimate right-of-way line.

Major Thoroughfares (Expressways, Freeways, State Highways). Set back all facilities the required distance from the ultimate property line as shown on any master or precise plan of streets and highways; install curbs and gutters, drainage facilities, sidewalks, street trees, street signs, street lights, and required utilities, and street paving. No other dedications or improvements shall be required.

Frontage and Other New Roads. All frontage roads or new roads of any class made necessary by the development shall be dedicated and fully graded and improved with curbs and gutters, drainage facilities, sidewalks, street trees, street signs, street lights, required utilities, grading and paving; provided, that where the street involved is indicated as an eventual major street or major thoroughfare upon any master or precise plan of streets and highways, the amount of grading and paving shall not exceed that required for such existing streets under subsection (e)1[(N)(1)]. Where a frontage road is provided and improved, the improvements in subsection (e)1.B.[(N)(1)(b)] will not be required.

All improvements shall be to city standards.

Building Permits and Occupancy. Before a building permit shall be issued for any building or structure proposed within a site plan, the building department shall secure written verification from the city planner that the proposed building location(s) is in conformity with the approved site plan and any conditions of approval have been met. Before a building may be occupied, the building inspector shall verify to the city planner that the site has been developed in conformity with the approved site plan and any conditions of approval.

(Ord. No. 14-02, §§ 5, 6, 2-11-2014)

Editor's note— Section 5 of Ord. No. 14-02, adopted Feb. 11, 2014, repealed § 17.08.090 and § 6 of said ordinance enacted new provisions as set out herein. Former § 17.08.090 pertained to similar subject matter, and derived from prior code § 13.21.006; and Ord. 9901, § 1, adopted in 1999.

17.08.100 - Building permits.

Before a building permit shall be issued for any such building or structure, the city manager shall secure a certificate that:

The proposed building is in conformity with the site plan and conditions approved by the city manager;

All required on-site (outside the city right-of-way) improvements shall have been completed. If the off-site improvements have not been completed, the permittee shall have entered into an agreement with the city to complete such work within six months from the date of the issuance of the permit. The city manager may extend the completion date for such off-site improvements one additional six-month period upon the written request of the permittee upon a showing of good cause therefor. Such an agreement shall be secured either by cash deposited with the city, a cash deposit in an irrevocable escrow approved by the city manager or other financial security approved by the city manager as the equivalent thereof. Such security shall be in the amount of one hundred (100) percent of the estimated costs of completion, such costs to be determined by the city manager. In the event such work is not completed within the period provided, or any extension thereof, the city shall be authorized to take all necessary action to enforce the agreement, including the use of security, to cause the completion of all required improvements. Moneys deposited with the city or in escrow may be partially released to the depositor by the city manager during the progress of the work so long as the same ratio of security is maintained on deposit to secure all uncompleted work; and

All existing hotels, motels and multiple-family residential units; and all existing single-family residential units upon sale, rental or repairs in excess of one thousand dollars ($1,000.00) in cost must have smoke detectors installed. Smoke detectors must be installed in conformance with the requirements of this code, except that approved battery powered smoke detectors may be installed in existing structures.

Filing Fees. Filing fees shall be paid by the applicant to the city to defray the expenses of postage, posting, advertising and processing applications according to the several procedures provided in this title in such amounts as the council may fix by resolution.

Form of Applications. The commission shall prescribe the form of all applications provided for in this title, which forms shall, among other things, indicate the accompanying data to be furnished by the applicant so as to assure the fullest practicable presentation of the facts for the proper consideration of the matter involved in each case and for a permanent record thereof. Each application provided for in this title shall be signed by one or more owners or lessees of the property in respect to which the application is filed. In all cases, such applications shall be provided at the City Hall.

Public Hearings. The commission may establish its own rules for the conduct of public hearings, and the member of the commission presiding at such hearings shall have the power to administer oaths to any person testifying. The commission may, for any reason, when it deems such action necessary or desirable, continue any hearing to a certain date, time and place, and the public announcement of such date, time and place of the hearing to be continued shall, for all purposes, be sufficient notice thereof to all persons.

Legal Procedure. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of land, buildings or premises established, conducted, operated or maintained contrary to the provision of this title shall be and the same is declared to be unlawful; and the city attorney, at the request of the planning commission, shall immediately commence action or proceedings for the abatement and removal and the enjoining thereof in the manner prescribed by law. The remedies provided in this title shall be cumulative.

Penalties for Violations. Any person, firm or corporation, whether principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for a term not to exceed six months, or by both such fine and imprisonment, unless otherwise provided. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed or continued by such person, firm or corporation and shall be punishable as herein provided.

Validity. If any section, sentence, clause or phrase of this title is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title or of any section hereof. The council declares that it would have passed and does hereby pass this title, and each section, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Amended during 1995 codification; prior code § 13.21.007)

17.08.110 - Application for administrative review permit.

Application.

Filling. Application for Administrative Review Permit shall be filed by the owners or lessees of property for which the permit is sought or by the authorized representatives of either the owner or lessee.

Form and Contents. Application for Administrative Review Permit shall be made to the city manager or his or her designee on a form prescribed by the city manager which shall include the following data:

Name and address of applicant;

Statement that the applicant is the owner of the property or is the authorized agent of the owner or has the permission of the owner to file for an administrative review permit;

Address or description of property;

A drawing of the site, including buildings, and the site's relationship to streets and alleys, driveways, property lines, and adjoining development;

Such other data as may be necessary for the city manager to make the required findings.

Verification. The city manager or his or her designee shall verify the accuracy and completeness of the application. The date of verification shall be noted on the application.

Formal Acceptance. If the application is found to be accurate and complete, it shall be formally accepted. Acceptance of the application shall not be considered an indication of approval.

Filing Fee. When the application for an administrative review permit is filed, a fee of an amount fixed by resolution shall be paid for the purpose of offsetting the staff time required to process the application.

Administrative Investigation. The city manager or his or her designee shall investigate the facts bearing on the case to provide the information necessary for action consistent with the intent of this title and the general plan.

Action by City Manager. The city manager or his or her designee shall approve or disapprove an application for an administrative review permit based upon the required findings listed below within fifteen (15) days of the formal acceptance of the application.

Findings and conditions. The city manager or his or her designee shall make the following findings.

That the proposed site is adequate in size and shape to accommodate the proposed use;

That the proposed site relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

That proposed use will have no adverse effect on abutting property or the permitted uses thereof;

That the conditions stated in the approval letter by the city manager or his or her designee are deemed necessary to protect the public health, safety, and general welfare. Such conditions may include:

Surfacing of parking areas subject to specifications;

Fences and walls;

Regulation of points of vehicular ingress and egress;

Regulation of signs;

Requiring the maintenance of the grounds;

Mitigation of noise, vibration, odors, and other factors;

The time period within which the proposed use may operate and/or be developed;

Any other conditions determined to be necessary to adjust the proposed use with respect to adjoining property and development.

Revocability. An Administrative Review Permit may be revocable, may be granted for a limited period, or may be granted subject to such conditions as the city manager or his or her designee may prescribe. The city manager or his or her designee may deny an application for an administrative review permit.

Effect of Decision. The city manager or his or her designee shall inform the applicant of his or her decision in writing. Unless a written appeal stating the reasons for the appeal and request for reconsideration by the planning commission is submitted to the city clerk within ten (10) days of the date of the city manager's written decision, the decision of the city manager is final. In the event of an appeal by any party, the application shall be scheduled for consideration by the planning commission at its next available meeting. The planning commission shall consider the city manager's recommendation and any evidence or testimony presented before it related to the application. The decision of the planning commission is final and is not subject to appeal to the city council.

Building and Other Permits. Before a building, electrical, plumbing, or other permit proposed as part of the approved administrative review permit is issued, the building official shall determine that said permit complies with the administrative review permit and any conditions.

Lapse of Permit. An administrative review permit shall lapse and shall become void after the time designation on the permit.

Revocation. Upon violation of any applicable provision of this title or conditions of the administrative review permit, the use shall be suspended automatically. Notice of suspension shall be sent immediately by the city manager or his or her designee to the applicant or person responsible for noncompliance, and all action relating to the violation shall cease. The applicant may correct the violations or surrender the administrative review permit. The city manager's determination regarding whether a violation exists is not appealable.

Administrative Review Permit is Specific to the Applicant. An administrative review permit is specific to the applicant to which it is granted and is not transferable to a different party or property.

(Ord. 00-03 § 1, 2000)

17.08.120 - Application for reasonable accommodation.

Purpose. This purpose of this section is to provide a procedure for individuals with disabilities to request reasonable accommodations in seeking equal access to housing under the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "Acts") in the application of zoning laws and other land use regulations, policies, practices, and procedures. This provision also establishes the criteria to be used when considering requests for reasonable accommodations.

Applicability.

A request for reasonable accommodation may be made by any individual with a disability, his/her/their representative, or a developer or provider of housing for individuals with disabilities, when a requirement of this zoning code or other requirement, regulation, policy, or practice acts as a barrier to fair housing opportunities. This chapter is intended to apply to individuals with disabilities as "disability" is defined under the Acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards, practices and procedures for the siting, development, use of housing or housing-related facilities, and any other land use requirements that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of his/her/their choice.

A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.

A reasonable accommodation shall be a ministerial grant in compliance with this title without the need for the approval of a variance, conditional use permit, special use permit or other exception process.

Procedure.

A request for reasonable accommodation shall be submitted on an application form provided by the city or in the form of a letter to the city planner, and shall contain the following information:

The applicant's name, address, and telephone number;

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

The current use of the property;

The basis for the claim that the individual is considered disabled under the Acts or that the housing which is the subject of the request will be used by an individual with a disability (protected health information including a specific diagnosis is not required to verify disability status);

The zoning code or land use provision, regulation, policy or procedure for which reasonable accommodation is being requested; and

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including a conditional use permit, design review, etc.), then the applicant shall file the information required by subsection (1) of this section for concurrent review with the application for discretionary approval.

A request for reasonable accommodation shall be reviewed by the city planner or their designee, if no approval is sought other than the request for reasonable accommodation. The city planner or their designee shall make a written determination within thirty (30) days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the planning commissionn. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the planning commissionn in compliance with the applicable review procedure for the discretionary review.

Approval Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following findings:

Whether the individual requesting the accommodation has a disability as defined under the Act or the housing which is the subject of the request will be used by an individual with a disability;

Whether the requested accommodation is necessary for the individual to have equal opportunity to use and enjoyment of the housing and housing-related services;

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city; and

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

Iterative Process. Prior to denying a request for reasonable accommodation, the city planner shall engage in the interactive process to discuss with the applicant an alternative accommodation that will meet the needs of the individual.

Appeals.

Only an aggrieved applicant and abutting property owners who receive notice of the reasonable accommodation determination have a right to appeal the decision. An appeal to the planning commissionn or city council must be filed within fifteen (15) calendar days of the date of mailing the written notice of the decision. An appeal shall be made in writing and shall specify the reasons for the appeal and the grounds asserted for relief. If an appeal is not filed within the time or in the manner prescribed in this section, the right to review of the action against which the complaint is made shall be deemed to have been waived.

The city council may, by resolution, adopt and from time to time amend a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed has been paid. Households considered low-income (making eighty (80) percent of less of median income) per California state law shall have the appeal fee waived.

After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of hearing shall be given to the appellant, the applicant; the owner(s) of the property involved; owners of abutting properties; the city having jurisdiction over the area in which the property is located; the chairperson of any design review or plan review board having jurisdiction over the area in which the property is located; and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least fifteen (15) days prior to the hearing.

The planning commissionn or city council shall review de novo the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.

At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof shall be provided to the appellant and the project applicant. The city planner may refer appeals of reasonable accommodation decisions to the planning commissionn for review. Decisions on appeals shall occur within forty-five (45) days of the initial determination.

(Ord. No. 24-02, § 1(Exh. A), 5-28-2024)

17.08.130 - Application for density bonus.

Applicability. The provisions of this section are applicable only to residential projects of five or more units, and senior housing projects of thirty-five (35) or more units.

General Provisions.

State Law Governs. The provisions of this section shall be governed by the requirements of Government Code Section 65915 et seq., as amended. Where conflict occurs between the provisions of this chapter and state law, the state law shall govern.

Availability. Affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as the market-rate housing units within the same project unless both the city and the developer agree to an alternative schedule for development.

Effect of Granting Density Bonus. The granting of a density bonus shall not, in and of itself, require a general plan amendment, zoning change, or other discretionary approval.

Income Levels. For purposes of determining income levels of households under this chapter, the city shall use the Fresno County income limits in Title 25, Section 6932 of the California Code of Regulations or other income limits adopted by the city council if the State department of Housing and Community Development fails to provide timely updates of the income limits in the California Code of Regulations.

Duration of Affordability. All affordable housing units shall be kept affordable for a minimum period of fifty-five (55) years or such other term approved by the city, consistent with state law.

Regulatory Agreement Required. All affordable housing projects shall be subject to the approval of an agreement pursuant to conforming to the provisions of Sections 65864 to 65869 of the Government Code. The terms of the agreement shall be reviewed and revised as appropriate by the city planner and/or city attorney, who shall formulate a recommendation to the decision-making body for final approval. This agreement shall include, but is not limited to, the following:

Number of Units. The total number of units approved for the projects, including the number of affordable housing units.

Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.

Household Income Group. A description of the household income groups to be accommodated by the project and a calculation of the affordable sales price.

Certification Procedures. The party responsible for certifying sales prices or annual rental rates, and the process that will be used for certification.

Schedule. A schedule for the completion and occupancy of the affordable housing units.

Required Term of Affordability. Duration of affordability of the housing units. Provisions shall also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer.

Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the city and/or the distribution of accrued equity for for-sale units.

Remedies for Breach. A description of the remedies for breach of the agreement by either party.

If applicable, affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, shall not be imposed on a housing development's affordable units.

Other Provisions. Other provisions to ensure implementation and compliance with this section.

For Sale Units. In the case of dwelling units available for sale, the regulatory agreement shall provide for the following conditions governing the initial resale and use of affordable housing units:

(1)

Target units shall, upon initial sale, be sold to eligible very low, lower, or moderate income households at an affordable sales price and housing cost.

(2)

Target units shall be initially owner-occupied by eligible very low or lower income households.

(3)

Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The city's proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.

Rental Housing Developments. In the case of rental housing developments, the regulatory agreement shall provide for the following conditions governing the use of target units during the use restriction period:

The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining target units for qualified tenants.

Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.

Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.

Lower Income Student Housing Standards.

All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.

The rent provided in the applicable units of the development for lower income students shall be calculated at thirty (30) percent of sixty-five (65) percent of the area median income for a single-room occupancy unit type.

The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subclause.

Density Bonus.

Minimum Density Bonus and Composition of Qualifying Projects. Pursuant to Government Code Section 65915, the city shall grant a density bonus in the amounts in Table 17.08.130 over the otherwise allowable maximum residential density permitted by this section and the general plan, and one or more additional concessions or incentives, consistent with Government Code Section 65915 and this section, if the applicant applies for and proposes to construct any one of the following in the percentages described below in Table 17.08.130:

Lower income units.

Very low income units.

Senior citizen housing development.

Moderate income units.

Lower income student housing.

Foster youth, disabled veterans, or homeless units.

Land donation. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met:

(1)

The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

(2)

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten (10) percent of the number of residential units of the proposed development.

(3)

The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure.

(4)

The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer.

(5)

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent subsection (B), which shall be recorded on the property at the time of the transfer.

(6)

The land is transferred to the city or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer.

(7)

The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.

(8)

A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

TABLE 17.08.130
DENSITY BONUS BY BASE DENSITY AFFORDABLE UNIT PERCENTAGE

Affordable Unit Percentage (%)	Density Bonus
Affordable Unit Percentage (%)	Very Low Income	Low Income	Moderate Income ¹	Land Donation	Senior Citizen Housing	Foster Youth, Disabled Veterans, Homeless	Lower Income Students
5	20	0	0	0	20	0	0
6	22.5
7	25
8	27.5
9	30
10	32.5	20	5	15		20
11	35	21.5	6	16
12	38.75	23	7	17
13	42.5	24.5	8	18
14	46.25	26	9	19
15	50	27.5	10	20
16		29	11	21
17		30.5	12	22
18		32	13	23
19		33.5	14	24
20		35	15	25			35
21		38.75	16	26
22		42.5	17	27
23		46.25	18	28
24		50	19	29
25			20	30
26			21	31
27			22	32
28			23	33
29			24	34
30			25	35
31			26
32			27
33			28
34			29
35			30
36			31
37			32
38			33
39			34
40			35
41			38.75
42			42.5
43			46.25
44			50
100 ²	80	80	80
¹ Moderate income units may be for sale or for rent. ² 100% affordable projects located within one-half mile of a major transit stop or in a very low vehicle travel area, the city shall not impose any limit on density.

Calculation of Density Bonus Units. When calculating the number of permitted density bonus units, all fractional units shall be rounded to the next higher whole number. The applicant who requests a density bonus for a project that meets two or more of the eligibility requirements depicted in paragraph (1) shall specify whether the bonus shall be awarded on the basis of Section 17.08.130(D), Minimum density bonus and composition of qualifying projects. The density bonus shall not be included when determining the number of target units to be provided in a development project.

Optional Density Bonus. The city may grant a proportionally lower density bonus and/or provide concessions and/or incentives set forth in Section 17.08.130(F), Affordable housing concessions and incentives, if an applicant agrees to construct a development containing less than the percentage of housing for lower or very low income households than provided in subsection (1) of this section.

State Childcare Facility Density Bonus.

Basic Requirements. When an applicant proposes to construct a housing development that conforms to the requirements of the state density bonus law and includes a childcare facility other than a family day care home that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following:

Additional Density Bonus. A density bonus of additional residential units equal in square footage to the amount of square feet of the childcare facility. For example, a five thousand (5,000) square foot childcare facility would result in a density bonus of five thousand (5,000) square feet of dwelling units.

Additional Concession or Incentive. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

Conditions of Approval. The city shall require, as a condition of approving the housing development that the following occur:

Length of Operation. The childcare facility remains in operation for a period of time that is as long as, or longer than the length of time during which the affordable housing units shall remain affordable.

Attending Children. The percentage of children of very low, low or moderate income households who attend the childcare facility shall be the same or greater than the percentage of dwelling units in the project that are required for households at each income level.

Exceptions. The city shall not be required to provide a density bonus or concession for a childcare facility if it finds that, based upon substantial evidence, the community has adequate childcare facilities.

Affordable Housing Concessions and Incentives.

Number of Incentives or Concessions. Pursuant to Government Code Section 65915, an applicant is entitled to receive incentives and/or concessions as follows:

One incentive or concession for projects that include at least ten (10) percent of the total units for lower income households, at least five percent for very low income households, or at least ten (10) percent for persons and families of moderate income in a condominium or planned development; or

One incentive or concession for senior citizen housing developments; or

One incentive or concession for projects that include at least twenty (20) percent of the total units for lower income students in a student housing development; or

Two incentives or concessions for projects that include at least twenty (20) percent of the total units for lower income households, at least ten (10) percent for very low income households, or at least twenty (20) percent for persons and families of moderate income in a condominium or planned development; or

Three incentives or concessions for projects that include at least thirty (30) percent of the total units for lower income households, at least fifteen (15) percent for very low income households, or at least thirty (30) percent for persons and families of moderate income in a condominium or planned development; or

Four incentives or concessions for projects with one-hundred (100) percent of the total units for lower income households, or at least eighty (80) percent lower income and the remaining amount for persons and families of moderate income in a condominium or planned development. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or thirty-three (33) feet.

The applicant who requests incentives or concessions for a mixed-income project shall specify whether the incentives or concessions shall be awarded on the basis of paragraphs (a) through (f) of this section.

Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this section and state law. In addition to any increase in density to which an applicant is entitled, the city shall grant one or more incentives and/or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to subsection (1), unless the city makes a written finding that either:

The concession or incentive is not necessary in order to provide the proposed targeted units, or

The concession or incentive would have a specific adverse impact that cannot be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources.

Notwithstanding the restriction in subsection (F)(1) above, the applicant may propose and the city may approve additional incentives and concessions for an eligible project that provides targeted units that meet two or more of the eligibility requirements based on a written finding that the additional incentives or concessions are necessary in order to make the project economically feasible.

Types of Affordable Housing Incentives. Affordable housing incentives may consist of any combination of the items listed below:

Reduction of Modification of Development Standards. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that still meet or exceed the minimum building code standards and fire code standards, including, but not limited to:

(1)

Reduced minimum lot sizes and/or dimensions.

(2)

Reduced minimum building setbacks and building separation requirements.

(3)

Reduced minimum outdoor and/or private usable open space requirements.

(4)

Increased maximum lot coverage.

(5)

Increased maximum building height.

Parking. Upon the applicant's request, the following maximum parking standards, inclusive of handicapped and guest parking, shall apply to the entire project. Further reductions in required parking may be requested as one of the incentives allowed under subsection (a).

(1)

One on-site space for studios to one bedroom units;

(2)

Two on-site spaces for two to three bedroom units; and

(3)

Two and one-half on-site spaces for four more bedroom units.

(4)

For purposes of this section, at the applicant's request, on-site parking may be provided through tandem parking or uncovered parking but not through on-street parking.

Mixed Use Zoning. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and such uses are compatible with the housing project and the surrounding area.

Other Incentives. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable cost reductions or avoidance, including the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this subdivision (2).

Application Requirements and Review.

An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted in conjunction with the project application and shall be processed concurrently with all other applications required for the project. The application shall be submitted on a form provided by the city or, if the city has not prepared a form, the following information shall be provided:

A site plan showing the total number of units, the number and location of the units dedicated pursuant to California Government Code Section 65915(b), and the number and location of the proposed density bonus units;

The level of affordability of the dedicated units;

A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards and evidence demonstrating that the application of the subject standard or requirement would preclude construction of the project at the densities provided for in California Government Code Section 65915 and that the waiver or modification is necessary to make development of the project financially feasible at the densities provided for in California Government Code Section 65915. Preparation of an additional report or study not otherwise required by state law shall not be required;

If a density bonus is requested for a land donation pursuant to California Government Code Section 65915(h), the application shall show the location of the land to be dedicated and provide evidence that the requirements of Section 65915(h) have been met, thus entitling the project to the requested density bonus; and

If a density bonus is requested for construction of a child care facility pursuant to California Government Code Section 65915(i), the application shall show the location and square footage of the proposed facility and provide evidence that the requirements of Section 65915(i) have been met, thus entitling the project to the requested density bonus.

Completeness review shall be limited to the items requested in the form or, if the city has not prepared a form, the information in subdivision (G)(1). Revisions to the application shall apply prospectively and not to existing applications.

If the application has been determined to be incomplete, the city shall provide the applicant with an exhaustive list of items that were not complete. That list shall be limited to those items actually required on the city's submittal requirement checklist. In any subsequent review, the city shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete. Appeals of this determination can be made in accordance with the appeals procedure of Section 17.08.050 subsection (H)(4), except that a final written determination shall be made no later than sixty (60) days after receipt of the applicant's written appeal.

If the applicant has been determined to be complete, the city shall immediately transmit its written determination to the applicant.

If the city does not transmit to the applicant its written determination within thirty (30) days, the application shall be deemed complete and processing shall commence.

Upon mutual agreeance between the city and the applicant, an extension of these timeframes shall be permitted.

Density Bonus Review. After the application has been deemed complete, the city shall provide the applicant with a determination as to the following matters:

The amount of density bonus for which the applicant is eligible;

The parking ratio for which the applicant is eligible, if requested;

Whether the applicant has provided adequate information for the city to make a determination as to the incentives, concessions, or waiver or reduction of developments requested by the applicant.

Appeals. Decisions to deny an incentive, concession, or waiver may be appealed in accordance with the appeal procedures of Section 17.08.050(H)(4).

Definitions.

"Affordable sales price" means a sales price at which lower or very low income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for development.

"Housing cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowners' association fees, and a reasonable allowance for utilities.

"Target unit" means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low, lower or moderate income, or senior citizen households.

"Lower income units" means units that are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.

"Very low income units" means units that are affordable to very low income households, as defined in Section 50105 of the Health and Safety Code.

"Senior citizen housing development" means a housing development that qualifies as a senior citizen housing development, as defined in Section 51.3 of the Civil Code.

"Moderate income units" means units in a condominium project, or in a planned development, as defined in subdivision (k) of Section 1351 of the Civil Code, that are affordable to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.

"Lower income student housing" means units in a student housing development are affordable for lower income students.

"Foster youth, disabled veterans, or homeless units" means units that are affordable for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

(Ord. No. 24-02, § 1(Exh. A), 5-28-2024)

17.08.140 - Application for streamlined ministerial multifamily approval.

Applicability.

Size and Dwelling Requirements. A project is eligible for streamlined ministerial approval if the following criteria are met:

At least two-thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Government Code Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.

Project is a multifamily housing development that contains at least two dwellings. For purposes of this section, a single family residence with an attached dwelling unit or junior accessory dwelling unit qualifies as a multifamily housing development.

Jurisdiction. Notwithstanding any law, for purposes of this section and for development in compliance with the requirements of this section on property owned by or leased to the state, the department of general services may act in the place of a locality or city, at the discretion of the California Department of Housing and Community Development.

Locational Requirements. A project is eligible if the following criteria are met:

The site is a legal parcel(s).

Seventy-five (75) percent of the perimeter of the site adjoins parcels that are developed with urban uses. Parcels that are only separated by a street or highway shall be considered to be adjoined.

The project site satisfies any of the following:

(1)

The site is zoned for residential use or residential mixed-use development.

(2)

The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.

(3)

The site meets the requirements of the Middle Class Housing Act of 2022 (Gov. Code. Section 65852.24).

The project site is not on 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 a local ballot measure that was approved by the voters of that jurisdiction.

The project site is not located on wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

The project site is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within the state responsibility area, as defined in Public Resources Code Section 4102. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions:

(1)

Public Resources Code Section 4291 or Government Code Section 51182, as applicable.

(2)

Public Resources Code Section 4290.

(3)

Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).

The project site is not located on a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the department of toxic substances control pursuant to Health and Safety Code Section 25356, unless either of the following apply:

(1)

The site is an underground storage tank site that received a uniform closure letter issued pursuant to Health and Safety Code Section 25296.10 subdivision (g) based on closure criteria established by the state water resources control board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Government Code Section 65962.5.

(2)

The state department of public health, state water resources control board, department of toxic substances control, or a local agency making a determination pursuant to Health and Safety Code Section 25296.10 subdivision (c), has otherwise determined that the site is suitable for residential use or residential mixed uses.

The project site is not located within 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.

The project site is not located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

(1)

The site has been subject to a letter of map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.

(2)

The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program 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.

The project site is not located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.

The project site is not located on 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.

The project site does not contain 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).

The project site is not under a conservation easement.

The project site does not contain a tribal cultural resource that is on a national, state, tribal, or local historic register list.

The project site does not have a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subclause (6) of clause (b) of subparagraph (2) of paragraph (D).

The project site is not an existing parcel of land or site that is governed under any of the following:

(1)

The Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).

(2)

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 Civil Code).

(3)

The Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).

Parking Standards.

Parking. A minimum of one parking space per unit shall be provided, except that no parking spaces shall be required if any of the following instances apply:

The development is located within one-half mile of public transit.

The development is located within an architecturally and historically significant historic district.

When on-street parking permits are required but not offered to the occupants of the development.

When there is a car share vehicle located within one block of the development.

Affordability and Labor Requirements.

Affordability Requirements. A minimum percentage of below market rate units shall be mandated as follows.

Ten (10) Percent Affordability. If the city 1) did not adopt a housing element pursuant to Section 65588 that has been found in substantial compliance with the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department, 2) did not submit its latest production report to the department by the time period required by Government Code Section 65400, or 3) that production report submitted to the department reflects that there were fewer units of above moderate-income housing issued building permits than were required for the regional housing needs assessment cycle for that reporting period:

(1)

Rental units. The project shall dedicate a minimum of ten (10) percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below fifty (50) percent of the area median income.

(2)

Owner units. The project shall dedicate a minimum of ten (10) percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below eighty (80) percent of the area median income.

(3)

Small project exemption. Projects of ten (10) units or less shall not be subject to the affordability requirement.

Fifty (50) Percent Affordability. If the city's latest production report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period, the project shall dedicate fifty (50) percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below eighty (80) percent of the area median income.

The development proponent shall commit to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate income housing units required pursuant to this section shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for no less than the following periods of time:

(1)

Rental units. Fifty-five (55) years.

(2)

Owned units. Forty-five (45) years.

Labor Requirements.

Small Projects. Projects of ten (10) units or less and are not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code are exempt from any requirement to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures.

For projects of more than ten (10) units, the development proponent shall require in contracts with construction contractors, and shall certify to the city, that the following standards specified in this paragraph will be met in project construction, as applicable:

(1)

Prevailing Wage Requirements. A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by the city pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following:

(a)

All construction workers employed in the execution of the development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the director of industrial relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the chief of the division of apprenticeship standards may be paid at least the applicable apprentice prevailing rate.

(b)

The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work.

(c)

All contractors and subcontractors for those portions of the development that are not a public work shall comply with both of the following:

(i)

Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the chief of the division of apprenticeship standards may be paid at least the applicable apprentice prevailing rate.

(ii)

Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subclause does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subclause, "project labor agreement" has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.

(2)

Enforcement.

(a)

The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this paragraph may be enforced by any of the following:

(i)

The labor commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within eighteen (18) months after the completion of the development.

(ii)

An underpaid worker through an administrative complaint or civil action.

(iii)

A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.

(b)

If a civil wage and penalty assessment is issued pursuant to this paragraph, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.

(c)

This paragraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, "project labor agreement" has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.

(3)

Large Projects. A development of fifty (50) or more housing units approved by the city pursuant to this section shall meet all of the following labor standards:

(a)

The development proponent shall require in contracts with construction contractors and shall certify to the city that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least one thousand (1,000) hours shall satisfy the requirements in subclauses (b) and (c). A construction contractor is deemed in compliance with subclauses (b) and (c) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents.

(b)

A contractor with construction craft employees shall either participate in an apprenticeship program approved by the California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause.

(c)

Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two adults forty (40) years of age and two dependents zero to fourteen (14) years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in this paragraph.

(d)

Reporting.

(i)

The development proponent shall provide to the city, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with subclauses (b) and (c). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.

(ii)

A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of ten (10) percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars ($10,000.00). Any contractor or subcontractor that fails to comply with subclauses (b) and (c) shall be subject to a civil penalty of two hundred dollars ($200.00) per day for each worker employed in contravention of clauses (b) and (c).

(iii)

Penalties may be assessed by the labor commissioner within eighteen (18) months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the state public works enforcement fund established pursuant to Section 1771.3 of the Labor Code.

(e)

Recordkeeping. Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the labor commissioner at least monthly in a format prescribed by the labor commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code.

(f)

All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the city within ten (10) business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.

(g)

A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to subclause (c) in accordance with Section 218.7 or 218.8 of the Labor Code.

(4)

Tall Projects. For any project over eighty-five (85) feet in height above grade, the following skilled and trained workforce provisions apply:

(a)

Except as provided in subclause (b), the developer shall enter into construction contracts with prime contractors only if all of the following are satisfied:

(i)

The contract contains an enforceable commitment that the prime contractor and subcontractors at every tier will use a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, to perform work on the project that falls within an apprenticeable occupation in the building and construction trades. However, this enforceable commitment requirement shall not apply to any scopes of work where new bids are accepted pursuant to subclause (b).

(ii)

The developer or prime contractor shall establish minimum bidding requirements for subcontractors that are objective to the maximum extent possible. The developer or prime contractor shall not impose any obstacles in the bid process for subcontractors that go beyond what is reasonable and commercially customary. The developer or prime contractor must accept bids submitted by any bidder that meets the minimum criteria set forth in the bid solicitation.

(iii)

The prime contractor has provided an affidavit under penalty of perjury that, in compliance with this subparagraph, it will use a skilled and trained workforce and will obtain from its subcontractors an enforceable commitment to use a skilled and trained workforce for each scope of work in which it receives at least three bids attesting to satisfaction of the skilled and trained workforce requirements.

(iv)

When a prime contractor or subcontractor is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the commitment shall be made in an enforceable agreement with the developer that provides the following:

The prime contractor and subcontractors at every tier will comply with this chapter.

The prime contractor will provide the developer, on a monthly basis while the project or contract is being performed, a report demonstrating compliance by the prime contractor.

The prime contractor shall provide the developer, on a monthly basis while the project or contract is being performed, the monthly reports demonstrating compliance submitted to the prime contractor by the affected subcontractors.

(b)

Insufficient Skilled and Trained Workforce.

(i)

If a prime contractor fails to receive at least three bids in a scope of construction work from subcontractors that attest to satisfying the skilled and trained workforce requirements as described in this subparagraph, the prime contractor may accept new bids for that scope of work. The prime contractor need not require that a skilled and trained workforce be used by the subcontractors for that scope of work.

(ii)

The requirements of this subparagraph shall not apply if all contractors, subcontractors, and craft unions performing work on the development are subject to a multicraft project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. The multicraft project labor agreement shall include all construction crafts with applicable coverage determinations for the specified scopes of work on the project pursuant to Section 1773 of the Labor Code and shall be executed by all applicable labor organizations regardless of affiliation. For purposes of this clause, "project labor agreement" means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.

(iii)

Requirements set forth in this subparagraph shall not apply to projects where one hundred (100) percent of the units, exclusive of a manager's unit or units, are dedicated to lower income households, as defined by Section 50079.5 of the Health and Safety Code.

(c)

If the skilled and trained workforce requirements of this subparagraph apply, the prime contractor shall require subcontractors to provide, and subcontractors on the project shall provide, the following to the prime contractor:

(i)

An affidavit signed under penalty of perjury that a skilled and trained workforce shall be employed on the project.

(ii)

Reports on a monthly basis, while the project or contract is being performed, demonstrating compliance with this chapter.

(iii)

Upon issuing any invitation or bid solicitation for the project, but no less than seven days before the bid is due, the developer shall send a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site:

Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project and the local building and construction trades council.

Any organization representing contractors that may perform work necessary to complete the project, including any contractors' association or regional builders' exchange.

For purposes of establishing the total number of units in a development under this chapter, a development or development project includes both of the following:

All projects developed on a site, regardless of when those developments occur.

All projects developed on sites adjacent to a site developed pursuant to this chapter if the adjacent site had been subdivided from the site developed pursuant to this chapter.

Implementation.

Applicability of other regulations. This section shall not affect a development proponent's ability to use any alternative streamlined by right permit processing adopted by the city.

Submittal Process.

Before submitting an application for a development subject to the streamlined, ministerial approval process, the development proponent 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 17.08.150, Preliminary vesting right application for housing development projects.

Tribal Scoping Consultation.

(1)

The city shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the city shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development.

(2)

The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:

(a)

The city shall provide a formal notice of a development proponent's notice of intent to submit an application described in clause (a) to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within thirty (30) days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:

(i)

A description of the proposed development.

(ii)

The location of the proposed development.

(iii)

An invitation to engage in a scoping consultation in accordance with this subdivision.

(b)

Each California Native American tribe that receives a formal notice pursuant to this clause shall have thirty (30) days from the receipt of that notice to accept the invitation to engage in a scoping consultation.

(c)

The city shall commence the scoping consultation within thirty (30) days of receiving a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision.

(3)

The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe.

(4)

Parties to Scoping Consultation.

(a)

The parties to a scoping consultation conducted pursuant to this subdivision shall be the city and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the city, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe.

(b)

The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met:

(i)

The development proponent and its consultants agree to respect the principles set forth in this subdivision.

(ii)

The development proponent and its consultants engage in the scoping consultation in good faith.

(iii)

The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation.

(5)

Confidentiality. The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements:

(a)

Government Code Section 7927.000.

(b)

Government Code Section 7927.005.

(c)

Public Resources Code Section 21082.3, subdivision (c).

(d)

California Code of Regulations, Title 14, Secretion 15120, subdivision (d).

(e)

Any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation.

(6)

Conclusion to Scoping Consultation.

(a)

A scoping consultation shall be deemed to be concluded if either of the following occur:

(i)

The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.

(ii)

One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached.

(b)

If the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development.

(c)

If the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the city on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined ministerial approval process. The city shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development.

(d)

If the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the city regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process. The city shall provide written documentation of that fact, and provide the following:

(i)

An explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation:

There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project.

The parties to the scoping consultation have not documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment.

The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.

(ii)

Information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the city.

(e)

If the development or environmental setting substantially changes after the completion of the scoping consultation, the city shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe.

(7)

Application Acceptance. A city may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:

(a)

A California Native American tribe that received a formal notice of the development proponent's notice of intent to submit an application did not accept the invitation to engage in a scoping consultation.

(b)

The California Native American tribe accepted an invitation to engage in a scoping consultation but substantially failed to engage in the scoping consultation after repeated documented attempts by the city to engage the California Native American tribe.

(c)

The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development.

(d)

A scoping consultation between a California Native American tribe and the city has occurred and resulted in agreement.

Objective Planning Standard Review.

If the city planner determines that a development submitted is consistent with the objective planning standards, the city shall approve the development.

Upon a determination that a development submitted pursuant to this section is in conflict with any of the objective planning standards, the city planner 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, as follows:

(1)

Within sixty (60) days of submittal of the development to the city pursuant to this section if the development contains one hundred fifty (150) or fewer housing units.

(2)

Within ninety (90) days of submittal of the development to the city pursuant to this section if the development contains more than one hundred fifty (150) housing units.

(3)

If the city planner fails to provide the required documentation, the development shall be deemed to satisfy the objective planning standards.

A development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. City shall not determine that a development, including an application for a modification under subparagraph (8) of paragraph (D), is in conflict with the objective planning standards on the basis that 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.

All city departments that are required to issue an approval of the development prior to the granting of an entitlement shall comply with the requirements of this section within the time periods specified in paragraph (1).

The development, excluding any additional density or any other concessions, incentives, or waivers of development standards for which the development is eligible pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted to the city pursuant to this section, or at the time a notice of intent is submitted pursuant to clause (a) of subparagraph (2) of paragraph (D), whichever occurs earlier. For purposes of this paragraph, "objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:

(1)

A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.

(2)

In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.

(3)

A project that satisfies the requirements of Government Code Section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Government Code Section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel.

Design Review.

Any design review of the development may be conducted by planning commissionn or any equivalent board or commission responsible for design review. Design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review shall be completed, and if the development is consistent with all objective standards, the city shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:

(1)

Within ninety (90) days of submittal of the development to the city pursuant to this section if the development contains one hundred fifty (150) or fewer housing units.

(2)

Within one hundred eighty (180) days of submittal of the development to the city pursuant to this section if the development contains more than one hundred fifty (150) housing units.

If the development is consistent with the requirements of clause (a) of subparagraph (2) of paragraph (C) and is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be subject to the public oversight timelines set forth in clause (a).

If the city determines that a development submitted pursuant to this section is in conflict with any of the standards imposed, it shall provide the development proponent written documentation of which objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the timelines described in clause (a).

Expiration of Approvals.

Three Years. Unless otherwise applicable under clause (b), approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, "in progress" means one of the following:

(1)

The construction has begun and has not ceased for more than one hundred eighty (180) days.

(2)

If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.

Maximum One-Year Discretionary Extension. The city may grant a project a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.

No Expiration. Approval shall not expire if the project satisfies both of the following requirements:

(1)

The project includes public investment in housing affordability, beyond tax credits.

(2)

At least fifty (50) percent of the units are affordable to households making at or below eighty (80) percent of the area median income.

Project Modifications. If the development proponent requests a modification pursuant to subparagraph (8), then the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional one hundred eighty (180) days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent.

Public Meeting for Special Locations. For developments 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 subparagraph (2) and before the development proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process, the city shall provide for a public meeting to be held by the city council to provide an opportunity for the public and the city to comment on the development.

The public meeting shall be held at a regular meeting and be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5). If the city fails to hold the hearing within forty-five (45) days after receiving the notice of intent, the development proponent shall hold a public meeting on the proposed development before submitting an application pursuant to this section.

Comments may be provided by testimony during the meeting or in writing at any time before the meeting concludes.

The development proponent shall attest in writing that it attended the meeting described in subclause (a) and reviewed the public testimony and written comments from the meeting in its application for the proposed development that is subject to the streamlined, ministerial approval process described.

Environmental Review. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to actions taken by the city or a state agency to:

(1)

Lease, convey, or encumber land owned by the city; or,

(2)

Facilitate the lease, conveyance, or encumbrance of land owned by the city; or,

(3)

Any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.

(4)

Approve improvements located on land owned by the city that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.

(5)

An application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Government Code Section 66410)), if the development is consistent with the requirements of this section and is consistent with all objective subdivision standards in the local subdivision ordinance.

(6)

Determine whether an application for a development is subject to the streamlined ministerial approval process provided by this section.

(7)

A scoping consultation conducted pursuant to this section.

Permit Modifications. A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process if that request is submitted to the city before the issuance of the final building permit required for construction of the development.

Processing Time. Upon receipt of the development proponent's application requesting a modification, the city shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within sixty (60) days after submission of the modification, or within ninety (90) days if design review is required.

Scope of Review.

(1)

The city shall approve a modification if it determines that the modification is consistent with the objective planning standards that were in effect when the original development application was first submitted.

(a)

Exception:. Objective planning standards adopted after the development application was first submitted to the requested modification may be used when any of the following instances apply:

(i)

The development is revised such that the total number of residential units or total square footage of construction changes by fifteen (15) percent or more. The calculation of the square footage of construction changes shall not include underground space.

(ii)

The development is revised such that 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 development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Government Code Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction changes shall not include underground space.

(2)

Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building, plumbing, electrical, fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after the first building permit application if agreed to by the development proponent.

(3)

Review of a modification request shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the development's consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.

Definitions. The following definitions shall apply to the interpretation and implementation of Section 17.08.140, Application for streamlined ministerial multifamily approval.

"Affordable housing cost" has the same meaning as set forth in Section 50052.5 of the Health and Safety Code.

"Affordable rent" has the same meaning as set forth in Section 50053 of the Health and Safety Code, unless the following scenarios apply:

For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes five hundred (500) units or more of housing, and that dedicates fifty (50) percent of the total number of units, before calculating any density bonus, to housing affordable to households making at, or below, eighty (80) percent of the area median income, affordable rent for at least thirty (30) percent of these units shall be set at an affordable rent as defined in subparagraph (A) and "affordable rent" for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.

For a development that dedicates one hundred (100) percent of units, exclusive of a manager's unit or units, to lower income households, "affordable rent" shall mean a rent that is consistent with the maximum rent levels stipulated by the public program providing financing for the development.

"Completed entitlements" means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit.

"Consultation" means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, seeking agreement. Consultation between the city and Native American tribes shall be conducted in a way that is mutually respectful of each party's sovereignty. Consultation shall also recognize the tribes' potential needs for confidentiality with respect to places that have traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the "State of California Tribal Consultation Guidelines: Supplement to the General Plan Guidelines" prepared by the office of planning and research. "Health care expenditures" include contributions under Section 401(a), 501(c), or 501(d) of the Internal Revenue Code and payments toward "medical care," as defined in Section 213(d)(1) of the Internal Revenue Code.

"Development proponent" means the developer who submits a housing development project application to a city under the streamlined ministerial review process pursuant to this section.

"Moderate-income housing units" means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code.

"Production report" means the information reported pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Government Code Section 65400.

"Reporting period" means either of the following:

The first half of the regional housing needs assessment cycle.

The last half of the regional housing needs assessment cycle.

"Residential hotel" shall have the same meaning as defined in Section 50519 of the Health and Safety Code.

10.

"Scoping" means the act of participating in early discussions or investigations between the city and California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code.

11.

"State agency" includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.

12.

"Urban uses" means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.

(Ord. No. 24-02, § 1(Exh. A), 5-28-2024)

17.08.150 - Preliminary vesting rights application for housing development projects.

Applicability. Projects that include any of the following are eligible to submit a preliminary application:

Projects with at least two residential units.

Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.

Transitional housing or supportive housing.

Application. A preliminary application shall include the following items, in addition to the processing fees applicable to the project:

The specific location, including parcel numbers, a legal description, and site address, if applicable;

The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located;

A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied;

The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance;

The proposed number of parking spaces;

Any proposed point sources of air or water pollutants;

Any species of special concern known to occur on the property;

Whether a portion of the property is located within any of the following:

A very high fire hazard severity zone, as determined by the department of forestry and fire protection pursuant to Government Code Section 51178;

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);

A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the department of toxic substances control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code;

A special flood hazard area subject to inundation by the one-percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency;

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;

A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code;

Any historic or cultural resources known to exist on the property;

10.

The number of proposed below market rate units and their affordability levels;

11.

The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to Section 17.08.130;

12.

Whether any approvals under Title 16, Subdivisions, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested;

13.

The applicant's contact information and, if the applicant does not own the property, consent from the property owner to submit the application;

14.

The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied;

15.

A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands;

16.

The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way.

Application Review. Preliminary applications are not subject to the Permit Streamlining Act (Government Code Section 65943) and shall not require an affirmative determination by the city.

Post-submittal Revisions. After submittal of a preliminary application, should the applicant revise the project such that the number of residential units or square footage of construction changes by twenty (20) percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (B) so that it reflects the revisions.

Expiration of Preliminary Application.

A preliminary application shall expire if the applicant does not submit an application for the development project that includes all of the information required to process the development application consistent with Government Code Sections 65940, 65941, and 65941.5 within one hundred eighty (180) calendar days of submittal of the preliminary application.

If the city planner determines that the application for the development project is not complete pursuant to Government Code Section 65943, the applicant shall submit the specific information needed to complete the application within ninety (90) days of receiving the city planner's written identification of the necessary information. If the applicant does not submit this information within the ninety (90) day period, the preliminary application shall expire and have no further force or effect.