The purpose of this Chapter is to:

A.

Implement the review and approval requirements of California Government Code Sections 65650 et seq. ("State Supportive Housing Law"), 65660 et seq. ("State Low Barrier Navigation Centers Law"), 65913.4 ("State Streamlined Ministerial Approval Process"), Section 65912.100 et seq. ("Affordable Housing and High Road Jobs Act of 2022"), Section 65913.16 ("Affordable Housing on Faith and Higher Education Lands Act of 2023"), and Section 65852.28 ("Subdivisions of Less than 10 Units on Multifamily Sites"), and all other state law provisions requiring ministerial approval of certain development projects; and

B.

Facilitate the development of housing consistent with the goals, objectives, and policies of the County's General Plan Housing Element as may be amended from time to time.

(Ord. No. 1495, § 51, 9-24-2024)

(Ord. No. 1495, § 51, 9-24-2024)

To qualify for the ministerial approval process, described in in Section 18.109.040, the applicant shall demonstrate that the project qualifies for the ministerial approval process specified in state law.

(Ord. No. 1495, § 51, 9-24-2024)

A.

The County will ministerially approve an application for a development project that is eligible for ministerial review within the timelines specified in state law when an applicant submits an application as specified by this chapter.

B.

An application for ministerial approval shall be filed with the director, who shall determine whether the development project is eligible for ministerial approval as specified in Section 18.109.050.

(Ord. No. 1495, § 51, 9-24-2024)

A.

Prior to submitting an application for streamlined ministerial review under Government Code Section 65913.4, the applicant must submit to the director a notice of intent to submit an application and complete any requested tribal consultation, in accordance with Government Code Section 65913.4(b). In addition, any public meeting required by Government Code Section 65913.4(q) must be held prior to submittal of an application under Section 65913.4.

B.

All applications for ministerial review filed pursuant to this Chapter shall be filed with the director in a form prescribed by the director.

C.

No application for ministerial approval shall be deemed received until the relevant application form is submitted, and all fees for the application as set forth in the schedule of fees have been paid. No fee shall be deemed received until any negotiable instrument has been cleared and funds deposited on the County's account.

D.

The application shall include the following information:

1.

A statement describing which ministerial approval process is being applied for.

2.

Evidence that the development project is eligible for the requested ministerial approval process and meets all of the requirements of state law.

3.

A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application, identification of any units rented in the five-year period, and income and household size of current tenants, if known.

4.

All of the information requested on the relevant application form prepared by the County.

(Ord. No. 1495, § 51, 9-24-2024)

A.

Applications filed pursuant to this Chapter shall be acted upon by the director.

B.

The director shall review the application for completeness and for consistency with state law and local standards within the period specified by state law and shall make a decision on the application within the period specified by state law.

C.

Before approving an application, the director must make the following findings based on evidence in the record, as applicable, that:

1.

The development project is eligible for the requested streamlined approval process and meets all requirements specified in state law for project approval.

2.

If the application includes a request for a density bonus, incentive, waiver, or modification under Chapter 18.107, a finding that all the requirements for density bonuses and/or other incentives that are specified in Chapter 18.107 are met.

D.

If the director determines that an application is not eligible for ministerial approval, is not consistent with state law or local standards, or contains inadequate information to determine consistency, the director may deny the application for ministerial approval. The applicant may correct any deficiencies in the project or application and resubmit the application for streamlined review. If the application can be brought into compliance with minor changes to the project, the director may, instead of denying the application, allow the applicant to correct any deficiencies within the timeframes for determining project consistency specified in subsection B. Alternatively, the applicant may submit an application for a discretionary project approval under other provisions of this Code. If the applicant resubmits its application for ministerial review or submits additional information, the timelines specified in subsection B above will recommence with each resubmittal.

E.

Any denial or determination of inconsistency issued by the director shall provide the applicant with written documentation in support of the denial identifying with specificity the standard or standards the application conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards.

F.

Conditions for Denial.

1.

The director may deny an application filed pursuant to this Chapter if the findings required by Paragraph C above, as applicable, cannot be made.

2.

The director may deny an application if approval would be contrary to state and federal law, and this finding is made in writing.

G.

Permit Conditions.

1.

Unless otherwise required by state law, approvals granted pursuant to this Chapter shall automatically expire three years from the date of the final action establishing that approval, unless otherwise provided in the permit. Expiration of the approval may be extended as provided for in state law.

2.

Standard county permit conditions and conditions required to comply with state or federal law may be applied to project approval.

H.

Following approval of an application, but prior to issuance of a building permit for the approved project, the director may require changes to the project that are necessary to comply with standards required to receive a post entitlement permit (as defined by Government Code Section 65913(j)(3)(A)), including, without limitation, the objective uniform construction codes (including but not limited to building, plumbing, electrical, fire, and grading codes) or to comply with federal or state laws.

(Ord. No. 1495, § 51, 9-24-2024)