The purpose of this Chapter is to:

A.

Specify how the City will 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 et seq. ("State Streamlined Ministerial Approval Process"), 65912.100 et seq. ("AB 2011"), 65583 et seq. ("State Emergency Residential Shelters Law"), and California Health and Safety Code Section 17021.8 ("Agricultural Employee Housing Law"); and

B.

Specify local ministerial approval process for certain housing applications as set forth in Chapter 20.65, Parts 2, 3 and 4;

C.

Specify local ministerial approval process for streamlined infill housing developments; and

D.

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

(Ords. 30987, 31095, 31097, 31169.)

A.

All terms used in this Chapter that are defined in the State Supportive Housing Law, State Low Barrier Navigation Centers Law, State Emergency Residential Shelters Law, AB 2011, and the State Streamlined Ministerial Approval Process shall have the meaning established by their respective sections, as the same may be amended from time to time.

1.

As of date of publication of the ordinance adopting this Chapter 20.195, the following terms are defined in the State Supportive Housing Law:

a.

Supportive Housing;

b.

Supportive Services;

c.

Target Population;

d.

Use by Right; and

e.

Lower Income Households.

2.

As of date of publication of the ordinance adopting this Chapter 20.195, the following terms are defined in the State Low Barrier Navigation Centers Law:

a.

Low Barrier Navigation Center;

b.

Use by Right; and

c.

Coordinated Entry System.

3.

As of date of publication of the ordinance adopting this Chapter 20.195, the following terms are defined in the State Streamlined Ministerial Approval Process:

a.

Objective Zoning Standards;

b.

Objective Subdivision Standards;

c.

Objective Design Review Standards;

d.

Project Labor Agreement;

e.

Skilled and Trained Workforce;

f.

Affordable Housing Cost;

g.

Affordable Rent;

h.

Development Proponent;

i.

Completed Entitlements;

j.

Moderate Income Housing Units;

k.

Production Report;

l.

State Agency;

m.

Subsidized;

n.

Reporting Period; and

o.

Urban Uses.

B.

All terms used in this Chapter that are defined in Chapter 20.200 of this Code shall have the meaning established in Chapter 20.200. Where terms that are defined in the State Housing Density Bonuses and Incentives Law are inconsistent with the definitions of the same terms set forth in Chapter 20.200 of this Code, the meaning of the terms in the State Housing Density Bonuses and Incentives Law shall prevail.

C.

Whenever the following terms are used in this Chapter, they shall have the meaning established by this Section:

1.

"Applicant" means the owner of the property, or person or entity with the written authority of the owner, that submits an application for Ministerial Approval.

2.

"Director" means the Director of Planning, Building and Code Enforcement.

3.

"Infill" means a site that was previously developed or a vacant site where at least seventy-five percent (75%) of the perimeter of the site adjoins parcels that are developed with urban uses.

4.

"Ministerial Approval" means:

a.

Any approval related to a housing development, Agricultural Employee Housing, Low Barrier Navigation Center, or Emergency Residential Shelter that meets the requirements of the State Supportive Housing Law, the State Low Barrier Navigation Centers Law, the State Emergency Residential Shelters Law, AB 2011, and/or the State Streamlined Ministerial Approval Process and does not require the exercise of judgement or deliberation by the Director; or

b.

Any approval related to a housing development that meets the requirements of Chapter 20.65, Parts 2, 3 or 4, and does not require the exercise of judgement or deliberation by the Director.

5.

"Restricted Affordable Unit" means a dwelling unit within a housing development that will be available at an Affordable Rent or Affordable Housing Cost as specified in the State Supportive Housing Law, AB 2011, and the State Streamlined Ministerial Approval Process.

6.

"State Housing Density Bonuses and Incentives Law" means Government Code Section 65915 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to the provision of housing Density Bonus(es) and Incentives.

7.

"State Low Barrier Navigation Centers Law" means Government Code Section 65660 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to Ministerial Approvals and Uses by Right.

8.

"State Streamlined Ministerial Approval Process" means Government Code Section 65913.4 and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to Ministerial Approvals.

9.

"State Supportive Housing Law" means Government Code Sections 65650 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to Ministerial Approvals and Uses by Right.

10.

"AB 2011" means Government Code Sections 65912.100 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to Ministerial Approvals and Uses by Right.

11.

"State Emergency Residential Shelters Law" means Government Code Section 65583 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to Ministerial Approvals and Uses by Right.

12.

"Agricultural Employee Housing Law" means Health and Safety Code Section 17021.8 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to Ministerial Approvals and Uses by Right.

13.

"Eligible Agricultural Employee Housing" has the same meaning as "Eligible Agricultural Employee Housing Development" defined in Health and Safety Code Section 17021.8 et seq., or as later amended.

14.

"Housing Development Project" has the same meaning as defined in Government Code Section 65589.5, or as later amended.

(Ords. 30987, 31095, 31097, 31169.)

A.

Ministerially Approved Developments. The City will Ministerially Approve a housing development, Eligible Agricultural Employee Housing, Low Barrier Navigation Center, or Emergency Residential Shelter that meets the requirements specified in the State Supportive Housing Law, the Agricultural Employee Housing Law, the Emergency Residential Shelters Law, the State Low Barrier Navigation Centers Law, AB 2011, and/or the State Streamlined Ministerial Approval Process when an Applicant submits an application as specified by this Chapter 20.195.

B.

Restricted Affordability and Supportive Housing Calculations.

1.

If an Applicant seeks Ministerial Approval under the State Supportive Housing Law, the number of required Restricted Affordable Units, Supportive Housing Units, and Supportive Services floor area will be calculated in accordance with the State Supportive Housing Law.

2.

If an Applicant seeks Ministerial Approval under the State Streamlined Ministerial Approval Process, the number of required Restricted Affordable Units will be calculated in accordance with the State Streamlined Ministerial Approval Process.

3.

If an Applicant seeks Ministerial Approval under the Agricultural Employee Housing Law, the number of required Restricted Affordable Units will be calculated in accordance with the provisions of Health and Safety Code Section 17021.8 et. seq.

C.

Replacement of Pre-Existing Lower Income Units. A housing development seeking Ministerial Approval under the State Supportive Housing Law shall replace any dwelling units on the site of the proposed housing development in the manner required by the State Supportive Housing Law.

D.

Development Standards. Notwithstanding the State Supportive Housing Law, the State Low Barrier Navigation Centers Law, AB 2011, the State Emergency Residential Shelters Law, and the State Streamlined Ministerial Approval Process, Ministerially Approved housing developments, Low Barrier Navigation Centers, and Emergency Residential Shelters shall meet all objective site, design, and construction standards included in Title 17 (Buildings and Construction), Title 19 (Subdivisions), and Title 20 (Zoning) of this Code, and shall also comply with all objective design guidelines included in applicable specific plans or otherwise adopted by the City Council, and all administrative regulations adopted pursuant to Section 20.195.060 for the implementation of this Chapter 20.195.

E.

Notwithstanding the Agricultural Employee Housing Law provisions, Eligible Agricultural Employee Housing shall comply with all of the following:

1.

Development Standards.

a.

All objective site, design, and construction standards included in Title 17 (Buildings and Construction), Title 19 (Subdivisions), and Title 20 (Zoning) of this Code, and shall also comply with all objective design guidelines included in applicable specific plans or otherwise adopted by the City Council, and all administrative regulations adopted pursuant to Section 20.195.060 for the implementation of this Chapter 20.195.

b.

Maintain setback requirements applicable to the zoning district in which the property is located.

c.

Residential uses must be located at least seventy-five (75) feet from any barn, pen, or other structure that houses livestock or poultry, and fifty (50) feet from any other agricultural use.

d.

No ground disturbance is allowed within one hundred (100) feet from a riparian corridor as measured from the top of the bank or vegetative edge, whichever is greater.

e.

The development must have access to and from a public street composed of a dustless and compacted surface with gravel or similar permeable surface, or asphalt.

f.

The development must have access to adequate permanent water and wastewater facilities and dry utilities to serve the project. All residents must have permanent access to potable water.

g.

If located within the Urban Service Area, the development must be connected to an existing public water system. If the development proposes to include ten (10) or more units, it must connect to an existing municipal sewer system that has adequate capacity to serve the project.

2.

Additional Requirements for Eligible Agricultural Employee Housing:

If the applicant submits an application under the provisions of the Agricultural Employee Housing Law, the proposed project must comply with the following requirements:

a.

Eligible Agricultural Employee Housing must be managed and operated by a qualified affordable housing organization (QAHO) certified by the California Department of Housing and Community Development (HCD) or a local public housing agency, and that agency either directly maintains and operates the Eligible Agricultural Employee Housing project, or contracts with another QAHO that has been certified by HCD to manage the Project. A copy of the QAHO's HCD certification must be included in the streamlined review application.

b.

The applicant shall record an affordability covenant on the property to ensure the affordability of the proposed Eligible Agricultural Employee Housing for agricultural employees for not less than fifty-five (55) years; and made available at an affordable rent, as defined in Section 50053 et. seq, to lower-income households, as defined in Section 50079.5 et. seq.

c.

The issuance of a permit for Eligible Agricultural Employee Housing, occupied exclusively by agricultural employees, does not authorize any other use. If the use is discontinued, then the property must comply with all applicable Zoning requirements that exist at the time the Eligible Agricultural Employee Housing use is discontinued.

d.

Eligible Agricultural Employee Housing shall conform with the Mobilehome Parks Act (Health and Safety Code Section 18200 et seq), and Special Occupancy Parks Act (Health and Safety Code Section 18860 et seq. where applicable.

e.

The permittee shall submit an annual written verification by June 1, of each year, to the Director of Planning, Building, and Code Enforcement, to verify that all of the information provided in its permit application is still accurate, and provide proof that the permit to operate or exemption from the California Department of Housing and Community Development is in good standing.

(Ords. 30987, 31095, 31097.)

A.

General. Aside from Ministerial Approvals for accessory dwelling units and junior accessory dwelling units as specified in State Law, any Ministerial Approval sought by an Applicant shall be made pursuant to this Chapter.

B.

Application. All applications pursuant to this Chapter 20.195 shall be filed with the Director in a form prescribed by the Director. The application shall be signed by:

1.

All owners of the real property included in the housing development, Low Barrier Navigation Center, or Emergency Residential Shelter; or

2.

The person or entity with written authority of the owner(s) to apply for Ministerial Approval for a housing development, Eligible Agricultural Employee Housing, Low Barrier Navigation Center, or Emergency Residential Shelter.

C.

Application Received. No application for Ministerial Approval shall be deemed received until the following have been provided:

1.

All fees for the application as set forth in the schedule of fees established by resolution of the City Council have been paid. No fee shall be deemed received until any negotiable instrument has been cleared and funds deposited on the City's account.

2.

All documents specified in this Chapter and on the application form have been filed.

D.

The application shall include the following information:

1.

A brief description of the proposed housing development, Eligible Agricultural Employee Housing, Low Barrier Navigation Center, or Emergency Residential Shelter, including, as applicable, the total number of dwelling units, Restricted Affordable Units, Supportive Housing Units, Low Barrier Navigation Center beds, and Emergency Residential Shelter beds proposed.

2.

The current zoning district(s) and general plan land use designation(s) and assessors parcel number(s) of the project Site.

3.

A vicinity map and Site plan, drawn to scale, including building footprints, driveway, and parking layout.

4.

Indication if the Applicant also seeks a density bonus, incentive, waiver, or modification.

5.

A Site plan showing location of, as applicable, Restricted Affordable Units, Supportive Housing Units, onsite Supportive Services, Low Barrier Navigation Center beds, Emergency Residential Shelter beds, and all other dwelling units within the proposed housing development, Low Barrier Navigation Center, or Emergency Residential Shelter.

6.

If the Applicant submits an application under the provisions of the State Supportive Housing Law, a plan for providing supportive services, with documentation demonstrating that the onsite supportive services provided meet the requirements of the Supportive Housing Law.

7.

If a reduction in Supportive Housing Units is requested due to the termination of project-based rental assistance or operating subsidy through no fault of the project owner, an explanation of good faith efforts by the owner to find other sources of financial support, how any change in the number of Supportive Service Units is restricted to the minimum necessary to maintain the project's financial feasibility, and how any change to the occupancy of the Supportive Housing Units is made in a manner that minimizes tenant disruption and only upon the vacancy of Supportive Housing Units.

8.

Level of affordability of any Restricted Affordable Units and proposed method to ensure affordability.

9.

If the applicant submits an application under the provisions of the State Streamlined Ministerial Approval Process and it is not entirely a public work, certification that the project will pay prevailing wages.

10.

If the applicant submits an application under the provisions of the State Streamlined Ministerial Approval Process and the project meets the conditions specified in the Process, certification that the project will employ a skilled and trained workforce.

11.

If the applicant submits an application under the provisions of the Ministerial Employee Housing, as further defined in the Agricultural Employee Housing Law the proposed project must incorporate the following requirements:

a.

Housing type and description of the total number of units and beds proposed.

b.

Number of agricultural employees occupying the housing and description of whether housing is temporary, seasonal or permanent.

c.

Description of the agricultural workplace and employer.

d.

Entity responsible for housing maintenance.

(Ords. 30987, 31097.)

A.

General. An application for Ministerial Approval shall be acted upon by the Director.

B.

Conditions for Approval. Before approving an application for Ministerial Approval, the Director must make the following findings based on evidence in the record, as applicable, that

1.

The housing development, Eligible Agricultural Employee Housing, Low Barrier Navigation Center, or Emergency Residential Shelter is eligible for Ministerial Approval.

2.

If the Ministerial Approval is based all or in part on the provision of Supportive Housing, a finding that all the requirements for a Supportive housing development that are specified in the State Supportive Housing Law have been or will be met.

3.

If the Ministerial Approval is for a Low Barrier Navigation Center, a finding that all the requirements for a Low Barrier Navigation Center that are specified in the State Low Barrier Navigation Centers Law have been or will be met.

4.

If the Ministerial Approval request is based all or in part on the State Streamlined Ministerial Approval Process, a finding that all the requirements for a housing development approval that are specified in the State Ministerial Approval Process have been or will be met.

5.

If the Ministerial Approval is based all or in part on the provision of AB 2011, a finding that all the requirements for housing development that are specified in AB 2011 have been or will be met.

6.

If the Ministerial Approval is for an Emergency Residential Shelter, a finding that all the requirements for an Emergency Residential Shelter that are specified in Section 20.80.500 have been or will be met.

7.

If the Ministerial Approval is based all or in part on the provisions of the Agricultural Employee Housing Law, a finding that all requirements for an Eligible Agricultural Employee Housing development approval that are specified in the Agricultural Employee Housing Law are met.

8.

If the application includes a request for a density bonus, incentive, waiver, or modification under Chapter 20.190, a finding that all the requirements for density bonuses and/or other incentives that are specified in Chapter 20.190 have been or will be met.

C.

Conditions for Denial.

1.

The Director may deny an application for Ministerial Approval if the findings required by Subsection B above, as applicable, cannot be made.

2.

The Director may deny a Ministerial Approval if doing so would be contrary to state and federal law, and this finding is made in writing.

3.

Nothing in this Chapter 20.195 limits the City's right to deny an affordable housing project under Government Code Section 65589.5.

D.

Permit Conditions.

1.

Term. Unless otherwise required by state law, Ministerial Approvals shall automatically expire three (3) years from the date of the final action establishing that approval, unless otherwise provided in the approval, from and after the date of issuance of the Ministerial Approval if within such three-year period the proposed use of the site or vertical construction of buildings has not commenced, pursuant to and in accordance with the provisions of the Ministerial Approval. The duration of the approval may be extended as provided for in state law.

2.

Conditions. Following approval of an application under the Streamlined Ministerial Approval Process, but prior to issuance of a building permit for the development, the Director may require one-time changes to the development that are necessary to comply with the objective uniform construction codes (including, without limitation building, plumbing, electrical, fire, and grading codes), to comply with federal or state laws, or to mitigate a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without modifying the development. A "specific, adverse impact" has the meaning defined in Government Code section 65589.5(d)(2).

3.

Failure to install public improvements. It shall be a violation of this Title for any person who has signed the acceptance of a permit or approval issued pursuant to this Chapter to fail to secure the completion of the public improvements required by the permit or approval within the time period specified. If no time period is specified, the time period for completion of improvements shall be deemed to be one (1) year from the issuance of a building permit unless an extension has been granted in writing by the Director or, if no building permit is required, one (1) year from the issuance of the permit or approval.

4.

Construction clean-up. It shall be a violation of this Title for any person responsible for construction including but not limited to the permit holder and any contractor thereof to fail to keep the public right-of-way free from construction dirt and debris. All on-site construction debris shall be removed at least weekly.

5.

Window Glazing. Unless otherwise indicated on an approved plan or in the approved permit, all first-floor, ground floor windows for any commercial use shall consist of transparent glass.

6.

Maintenance of Landscape. It shall be a violation of this Title for any property owner or other person in control of any site to fail to install or maintain any landscaping required by a permit or approval issued pursuant to this Chapter or otherwise in a manner that fails to fully comply with the provisions of Chapters 15.10 or 15.11 of Title 15 of this Code. Any vegetation, required by a permit or approval, or otherwise by Chapters 15.10 or 15.11 of Title 15 of this Code, which is dead or dying, shall be replaced within sixty (60) days.

7.

Hours of Construction within five hundred (500) feet of a residential unit. No applicant or agent of an applicant shall suffer or allow any construction activity on a site located within five hundred (500) feet of a residential unit before 7:00 a.m. or after 7:00 p.m., Monday through Friday, or at any time on weekends.

8.

All projects approved under this Chapter 20.195 shall follow the stormwater management requirements listed in Sections 20.100.470 and 20.100.480, as applicable.

9.

Prior to the approval of the Tract or Parcel Map (if applicable) by the Director of Public Works, or the issuance of Building permits, whichever occurs first, all projects approved under this Chapter 20.195 shall satisfy all applicable Public Works clearance and Building Division clearance requirements.

10.

All projects approved under this Chapter 20.195 shall, if required by the Zoning Ordinance, satisfy the performance standards of the applicable Zoning Districts.

(Ords. 30987, 31095, 31097.)

The Director is hereby authorized to promulgate forms, policies, and regulations for the implementation of this Chapter.

(Ords. 30987, 31097.)

Ministerially Approved Developments:

A.

The City will Ministerially Approve a housing development, located in the Affordable Housing Overlay, Mixed-Income Housing Overlay, or Housing Element Residential Overlay that meets the requirements specified in Chapter 20.65 when an Applicant submits an application as specified by this Chapter 20.195.

B.

The City will Ministerially Approve an Emergency Residential Shelter that meets the requirements specified in Chapter 20.80 when an Applicant submits an application as specified by this Chapter 20.195.

C.

The City will Ministerially Approve a Streamlined Infill Housing Development that meets the requirements specified in Section 20.195, Parts 3 and 4, when an Applicant submits an application as specified in this Chapter 20.195.

(Ords. 30987, 31097, 31169.)

A.

Development Standards. The following shall meet all objective site, design, and construction standards included in Title 17 (Building and Construction), Title 19 (Subdivisions), and Title 20 (Zoning) of this Code, and shall also comply with all objective design guidelines included in applicable specific plans or otherwise adopted by the City Council, and all administrative regulations adopted pursuant to Section 20.195.060 for the implementation of this Chapter 20.195:

1.

Housing Development in the Affordable Housing Overlay, Mixed-Income Housing Overlay, or Housing Element Residential Overlay.

2.

Emergency Residential Shelters that meet the requirements specified in Chapter 20.80.

3.

Streamlined Infill Housing Development that meets the requirements specified in Chapter 20.195, Parts 3 and 4.

B.

Ministerial Approval shall not be issued where any of the following apply:

1.

The development would require the demolition or alteration of a historic resource as defined and outlined below.

a.

Property listed in the San José Historic Resources Inventory, including property located within a designated or eligible National Register, California Register or City Landmark Historic District or designated historic district or Conservation Area classified in the Historic Resources Inventory as an Identified Structure.

i.

An Identified Structure may be demolished if a historic report prepared by a qualified historic resources consultant meeting the Secretary of the Interior Professional Qualification Standards (Code of Federal Regulations, 36 CFR Part 61) documents and evaluates the property and determines it is not eligible for listing in the National Register, California Register, or the City of San José Historic Resources Inventory as a Candidate City Landmark.

b.

Properties not listed in the San José Historic Resources Inventory containing one or more building(s) over 45 years old shall be documented and evaluated in a historic report prepared by a qualified historic resources consultant meeting the Secretary of the Interior Professional Qualification Standards (Code of Federal Regulations, 36 CFR Part 61). If the qualified historic resources consultant determines that the property is eligible for listing in the National Register, California Register, or the City of San José Historic Resources Inventory as a Candidate City Landmark, the building(s) may not be demolished through a ministerial process. If the qualified historic resources consultant determines that the property is not eligible under the above criteria, the building(s) may be demolished.

2.

The site is designated as 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.

3.

The site contains wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

4.

The site is within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

5.

The site is a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:

a.

The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code 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 Section 65962.5.

b.

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 subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.

6.

The site is 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.

7.

Within a special flood hazard area subject to inundation by the one percent (1%) 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 local government 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 local government 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:

a.

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

b.

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.

8.

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, a local government 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 local government that is applicable to that site.

9.

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.

10.

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).

11.

Lands under conservation easement.

12.

The development would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(Ords. 30987, 31097, 31169.)

A.

General. Any Local Ministerial Approval sought by an Applicant shall be made pursuant to this Chapter.

B.

Application. All applications pursuant to this Chapter 20.195 shall be filed with the Director in a form prescribed by the Director. The application shall be signed by:

1.

All owners of the real property included in the housing development; and

2.

The person or entity with written authority of the owner(s) to apply for Ministerial Approval for a housing development.

C.

Application Received. No application for Ministerial Approval shall be deemed received until the following have been provided:

1.

All fees for the application as set forth in the schedule of fees established by resolution of the City Council have been paid. No fee shall be deemed received until any negotiable instrument has been cleared and funds deposited on the City's account.

2.

All documents specified in this Chapter and on the application form have been filed.

D.

Subdivision Application. Notwithstanding the Subdivision Map Act (Division 2 (commencing with Section 66410)), or any other applicable law authorizing the subdivision of land, the subdivision of a parcel for the housing development pursuant to Chapter 20.65 that also meet all the requirements of this Chapter for Ministerial Approval, shall be subject to a Ministerial Approval process as set forth above and shall be processed concurrently with the Ministerial Approval for the housing development.

E.

Tree Removal Application. Notwithstanding Chapter 13.32, removal of trees, excluding heritage tree as defined in Section 13.32.140 or a palm tree in the Palm Haven Conservation Area, necessitated by the housing development pursuant to Chapter 20.65 that also meet all the requirements of this Chapter for Ministerial Approval, shall be subject to a Ministerial Approval process as set forth above and shall be processed concurrently with the Ministerial Approval for the housing development.

F.

Notwithstanding Chapter 5.08, Part 2, project must comply with Chapter 5.08, as amended.

(Ords. 30987, 31169.)

A.

The California Environmental Quality Act (CEQA) does not apply to Ministerial Approvals, as they are statutorily exempt pursuant to Guidelines Section 15268, as may be amended. Ministerial Approvals complying with the requirements of this Chapter are not subject to CEQA.

B.

General. An application for Ministerial Approval shall be acted upon by the Director.

C.

Conditions for Approval. Before approving an application for Ministerial Approval, the Director must make the following findings based on evidence in the record, as applicable, that:

1.

The housing development is eligible for Ministerial Approval.

2.

If the application includes a request for a density bonus, incentive, waiver, or modification under Chapter 20.190, a finding that all the requirements for density bonuses and/or other incentives that are specified in Chapter 20.190 have been or will be met.

D.

Conditions for Denial.

1.

The Director may deny an application for Ministerial Approval if the findings required by Subsection C above, as applicable, cannot be made.

2.

The Director may deny a Ministerial Approval if doing so would be contrary to state and federal law, and this finding is made in writing.

3.

The Director may deny a Ministerial Approval if the development would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

4.

Nothing in this Chapter 20.195 limits the City's right to deny an affordable housing project under Government Code Section 65589.5.

E.

Permit Conditions.

1.

Term. Local Ministerial Approvals shall automatically expire after four (4) years from and after the date of issuance of the Local Ministerial Approval if within such four (4)-year period the vertical construction of buildings has not commenced, pursuant to and in accordance with the provisions of the Local Ministerial Approval.

a.

The Director may issue a one-time, one-year extension of a Local Ministerial Approval if a complete building permit application for the project approved under the Local Ministerial Approval has been submitted.

b.

The application for an extension must be filed on the form provided by the Director on or before the date that is three (3) business days prior to the expiration of the development permit proposed for extension and accompanied by the fees as set forth in the schedule of fees adopted by resolution of the City Council.

c.

The decision to grant, deny, or condition an extension is a ministerial determination.

2.

Conditions. Following approval of an application under the Streamlined Ministerial Approval Process, but prior to issuance of a building permit for the development, the Director may require one-time changes to the development that are necessary to comply with the objective uniform construction codes (including, without limitation building, plumbing, electrical, fire, and grading codes), to comply with federal or state laws, or to mitigate a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without modifying the development. A "specific, adverse impact" has the meaning defined in Government Code section 65589.5(d)(2).

3.

Failure to install public improvements. It shall be a violation of this Title for any person who has signed the acceptance of a permit or approval issued pursuant to this Chapter to fail to secure the completion of the public improvements required by the permit or approval within the time period specified. If no time period is specified, the time period for completion of improvements shall be deemed to be one (1) year from the issuance of a building permit unless an extension has been granted in writing by the Director or, if no building permit is required, one (1) year from the issuance of the permit or approval.

4.

Construction clean up. It shall be a violation of this Title for any person responsible for construction including but not limited to the permit holder and any contractor thereof to fail to keep the public right-of-way free from construction dirt and debris. All on-site construction debris shall be removed at least weekly.

5.

Window Glazing. Unless otherwise indicated on an approved plan or in the approved permit, all first-floor, ground floor windows for any commercial use shall consist of transparent glass.

6.

Maintenance of Landscape. It shall be a violation of this Title for any property owner or other person in control of any site to fail to install or maintain any landscaping required by a permit or approval issued pursuant to this Chapter or otherwise in a manner that fails to fully comply with the provisions of Chapters 15.10 or 15.11 of Title 15 of this Code. Any vegetation, required by a permit or approval, or otherwise by Chapters 15.10 or 15.11 of Title 15 of this Code, which is dead or dying, shall be replaced within sixty (60) days.

7.

Hours of Construction within five hundred (500) feet of a residential unit. No Applicant or agent of an Applicant shall suffer or allow any construction activity on a site located within five hundred (500) feet of a residential unit before 7:00 a.m. or after 7:00 p.m., Monday through Friday, or at any time on weekends. No extension of construction hours are allowed through a Permit Amendment or Permit Adjustment.

8.

All projects approved under this Chapter 20.195 shall follow the stormwater management requirements listed in Sections 20.100.470 and 20.100.480, as applicable.

9.

Prior to the approval of the Tract or Parcel Map (if applicable) by the Director of Public Works, or the issuance of Building permits, whichever occurs first, all projects approved under this Chapter 20.195 shall satisfy all applicable Public Works clearance and Building Division clearance requirements.

10.

All projects approved under this Chapter 20.195 shall, if required by the Zoning Ordinance, satisfy the performance standards of the applicable Zoning Districts.

11.

All projects under this ministerial ordinance will be required to conduct Worker Environmental Awareness Program training for construction workers.

12.

Any sites located in an archaeologically sensitive area, as mapped by the General Plan, will be required to have archaeological and Tribal monitoring during ground disturbance activities such as tree removal, demolition, and grading, and Tribes that requested consultation shall be notified of any findings made on the project site.

F.

Environmental Standard Permit Conditions. Projects subject to a ministerial review process will be subject to the City standard environmental permit conditions adopted by City Council.

(Ords. 30987, 31169.)

A.

The City will ministerially approve a streamlined infill housing development that meets the requirements specified in Chapter 20.195, Part 3 Local Ministerial Approvals, and Section 20.195.250 when an Applicant submits a complete application as specified by this Chapter 20.195.

B.

Streamlined Infill Housing Development Projects are subject to the application requirements and timing in Section 20.195.090 for Local Ministerial Approvals and subject to the review and approval process in Section 20.195.100

(Ord. 31169.)

In addition to compliance with the local ministerial standards outlined in Section 20.195.080, a streamlined infill housing development project must meet all of the following criteria to be eligible for a streamlined approval process:

A.

Land Use and Zoning

1.

The project site must have a General Plan land use designation of Urban Residential, Transit Residential, Urban Village, or Mixed Use Commercial.

a.

The project must provide residential units at a net density of forty (40) dwelling units per acre or greater. If the project is located in a General Plan land use designation that allows a density below 40 DU/AC, the project must provide at least 40 DU/AC.

2.

The project is zoned Urban Residential, Transit Residential, Urban Village, or Mixed Use Commercial.

3.

The infill housing development project is located in an area in which the per-capita VMT is less than or equal to the threshold of significance for residential or the project meets the screening criteria under the City's Transportation Analysis Policy (City Council Policy 5-1), as amended. If the project includes non-residential uses, the project must the CEQA screening criteria based on the proposed land use in Table 1 of the City's Transportation Analysis Policy, as amended.

B.

Location

1.

The project is located in an approved urban village (excluding Alum Rock Ave Urban Village), Capitol Station Area Plan, Jackson-Taylor Specific Plan, Martha Gardens Specific Plan, or Midtown Specific Plan.

2.

The project is within one-half (½) mile of an existing major transit stop defined by Public Resource Code §21064.3, as amended.

3.

Project site is not within the Airport Influence Area approved by Council.

4.

Project site is not within 100 feet of a City Landmark or City Landmark District.

5.

project is not located on a site known to contain archaeological or paleontological resources, or human remains.

6.

The project is not located on a site within a mobilehome park.

7.

The project is not located within three hundred (300) feet of a creek or edge of riparian vegetation, whichever is most restrictive.

8.

The project site is not located on a hazardous waste site included on any list compiled pursuant to Section 65962.5 of the California Government Code.

C.

Demolition. The Housing Development Project does not:

1.

Demolish a unit occupied by tenants in a multi-unit dwelling (three (3) or more units) within the last five (5) years;

2.

Demolish a project subject to an affordable housing regulatory agreement;

3.

Demolish a unit protected under the Ellis Act; or

4.

Reduce the total number of existing dwelling units on the site.

D.

The project does not include or require the concurrent review of a:

1.

Development Exception;

2.

Variance;

3.

Use Permit; or

4.

Planned Development Permit.

(Ord. 31169.)