The purpose of this chapter is to establish the requirements and procedures for special residential housing applications as required by the State's laws.

The regulations and procedures set forth in this chapter shall apply throughout the City. Sections of the California Government Code referenced in this chapter, and application forms for complying with this chapter, shall be available to the public.

(Ord. No. 2022-1527, § 2(Exh. A), 10-25-2022)

A.

Purpose. A housing development project will be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application is submitted. A preliminary application is deemed submitted when an applicant has provided to City with all of the information required by Government Code Section 65941.1(a).

B.

Applicability. The provisions of this section apply to applications deemed complete before January 1, 2030 that meet the criteria for qualifying streamlined housing projects and shall be processed as required by State law. No application under this section will be accepted by the City after January 1, 2030 unless the state extends or does not repeal Government Code Section 65589.5, or if Government Code Section 65589.5 expires or is repealed. A project must be a housing development project, as defined in Government Code Section 65589.5(h)(2), in order to qualify for the preliminary application process. A housing development project includes any of the following:

1.

Residential units only.

2.

Mixed use development consisting of residential and non-residential uses with at least two-thirds of the square footage of the project designated as residential use.

3.

Transitional housing or supportive housing.

C.

Application. The applicant must submit the preliminary application form and schedule a Pre-Application Review Appointment to begin the review process. Once a preliminary application is received and deemed complete, the ordinances, policies, and standards in effect as of that date will remain applicable to the project for the duration of the review and entitlement process, subject to the requirements provided by Government Code Section 65941.1(a).

1.

Within 180 days of submitting a complete preliminary application, the applicant shall submit an application for the required entitlements required for the project. If the City determines that the application is not complete pursuant to Government Code Section 65943, the applicant shall submit the specific information needed to complete the application within 90 days of receiving the City's written incomplete notice. If the applicant does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.

2.

Should an applicable housing development project be revised following a determination of deemed complete, and where the proposed number of residential units or square footage of construction changes by 20 percent or more, the project would lose its deemed completed determination (and all allowances and protections afforded pursuant to SB 330), until the preapplication is revised to reflect the amended design.

(Ord. No. 2022-1527, § 2(Exh. A), 10-25-2022)

A.

Applicability. The provisions of this section apply to applications deemed complete before January 1, 2026 that meet the criteria for qualifying streamlined housing projects and shall be processed as required by State law. No application under this section will be accepted by the City after January 1, 2026 unless the state extends or does not repeal Government Code Section 65913.4 or if Government Code Section 65913.4 expires or is repealed.

This section is intended to ensure that eligible multi-family projects with an affordable component are provided streamline review and are only subject to objective design standards consistent with relevant provisions of Senate Bill 35 as provided by applicable section of the Government Code, including, but not limited to, Sections 65400, 65913.4, and 65400.

B.

Eligibility. Qualifying streamlined housing projects are as defined in Government Code Section 65913.4.

C.

Review Process.

1.

Notice of Intent. Before submitting an application for a development subject to streamlined, ministerial approval, the applicant must submit a notice of intent in the form of a preliminary application that includes all of the information described in Government Code Section 65941.1 and schedule a Pre-Application Review Appointment.

2.

Notification to California Native American Tribes. Upon receipt of a notice of intent, the City will engage in a scoping consultation with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, according to the timelines and procedures established by State law. After concluding the scoping consultation, the applicant will be notified as follows:

a.

If it is either determined that no potential tribal cultural resource could be affected by the proposed development, or if all parties and the property owner enter into an agreement establishing the methods, measures, and conditions for treatment of the tribal cultural resource, the applicant may submit an application for review.

b.

If it is determined that a potential tribal cultural resource could be affected by the proposed development, and all parties or the property owner do not reach an agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources, the development shall not be eligible for the streamlined, ministerial approval process.

3.

Review of Applications. After the Native American consultation is deemed to be concluded, and if the project is eligible, the applicant may submit an application for review pursuant to Chapter 20.515 (Site Development Plan Review), for determination whether the project meets the remaining criteria for approval in compliance with Government Code Section 65913.4.

4.

Ministerial Site Development Plan Review. After the application is determined to be complete, the project will be scheduled for ministerial review by the Development Advisory Committee.

a.

Ministerial review shall be objective and strictly focused on assessing compliance with the criteria required for streamlined housing projects, as well as any adopted objective design standards.

5.

Project Approval. A project which meets all the requirements of State law and this section shall be approved by the Development Advisory Committee in compliance with the time periods established by State law.

a.

If determined that a development submitted pursuant to this section is in conflict with any of the objective planning standards, it shall provide the development proponent written documentation in support of its denial identifying with specificity the standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards.

6.

Appeals. An applicant may submit a request to appeal a decision of the Development Advisory Committee to deny an application for a ministerial streamlined approval submitted under this section. A written appeal shall be filed with the Development Advisory Committee, together with the payment of any required fee, within ten (10) days of the decision. The appeal request shall contain the reasons for the appeal and the grounds upon which the appeal is based. The Planning Commission shall hold a hearing on the appeal after giving notice thereof to the appellant in the manner prescribed in Chapter 20.505 (Noticing and Public Hearings) of this Zoning Ordinance. The Planning Commission shall consider the appeal and shall either affirm the decision of the Development Advisory Committee or render its decision de novo on the appeal.

a.

Any other denials issued by the Development Advisory Committee or Planning Commission relating to the overall project approval shall be subject to the appeal provisions under Chapter 20.545 (Appeals and Revocation) of this Zoning Ordinance.

D.

Objective Zoning and Design Standards. Any lot developed with a qualifying streamlined housing project shall comply with all objective land use regulations, citywide regulations, and development standards in effect at the time a complete application is submitted, applicable to a residential multi-family or mixed-use project within the zoning district in which a lot is located, including, but not limited to, residential density, setbacks, height, CAP Requirements, and open yard, as described in this Zoning Code, except parking standards, as specified in Section 20.350.040.E.

1.

Modifications to objective standards granted as part of a density bonus, concession, incentive, parking reduction, or waiver of development standards pursuant to Chapter 20.305 (Density Bonus), shall be considered consistent with objective standards.

E.

Parking Requirements.

1.

Automobile parking standards shall not be imposed on a development that meets any of the following criteria:

a.

The development is located where any part of the parcel or parcels on which the development is located is within one-half mile of any part of the parcel or parcels of public transit.

b.

The development is located within a district designated as architecturally or historically significant under local, state, or federal standards.

c.

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

d.

When there is a car share vehicle (i.e., a designated location to pick up or drop off a car share vehicle) within one block of the development. A block can be up to 1,000 linear feet of pedestrian travel along a public street from the development.

2.

For all other developments, automobile requirements for residential developments approved pursuant to this section are one parking space per unit.

(Ord. No. 2022-1527, § 2(Exh. A), 10-25-2022)