Division 5. Land Use/Development Review Procedures
Chapter 9.50
APPLICATION FILING, PROCESSING, AND FEES
Sections:
9.50.020 Multiple permit applications.
9.50.030 Preapplication conference.
9.50.040 Authority for land use and zoning decisions.
9.50.060 Preliminary application process for housing development projects.
9.50.080 Initial application review.
9.50.090 Determination for housing development projects.
9.50.100 Environmental assessment.
9.50.110 Staff report, findings, and recommendations.
9.50.120 Streamlined ministerial review.
9.50.010 Purpose of chapter.
The purpose of this chapter is to identify the procedures for the filing and processing of the different land use permit or approval applications contained within this division. (§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021)
9.50.020 Multiple permit applications.
A. Concurrent filing. An applicant for a development project, which requires the filing of more than one application, may file all related applications concurrently and submit appropriate processing deposits/fees in compliance with Section 9.50.070 (Application fees).
B. Concurrent processing. Permit processing and environmental/site plan review may be concurrent and the final decision on the project shall be made by the designated review authority, in compliance with Table 5-1 (Threshold of Review). (§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021)
9.50.030 Preapplication conference.
A. Preapplication conference strongly encouraged.
1. A prospective applicant is strongly encouraged to request a preapplication conference with Department staff before submittal of land use permit or approval applications, including preliminary applications.
2. The City’s Development Review Committee (DRC) is also available for preapplication conferences.
B. Proper timing of conference.
1. This conference should take place before any substantial investment (e.g., land acquisition, site plans, engineering plans and construction plans, etc.) in the preparation of the proposed development project application.
2. During the conference, the Department representative(s) shall, to the best of their ability, inform the applicant of applicable General Plan and specific plan goals, policies, actions, and requirements as they apply to the proposed development project, review the appropriate procedures identified in this Development Code, and examine possible alternatives or modifications relating to the proposed project.
3. Preliminary evaluation of environmental issues shall be addressed and potential technical studies relating to future environmental review should be identified.
C. Conference not approved/disapproval. Neither preapplication review nor the provision of available information and/or pertinent policies shall be construed as a complete analysis of a land use proposal or as a recommendation for approval/disapproval by the Department representative(s) or the DRC.
D. Senior Review Committee. Large or complex projects or projects raising substantial policy questions may require significant discussion between an applicant and City senior policy level staff. This category of projects typically requires multiple meetings with City staff and may require analysis or work by City staff or consultants to address issues prior to filing of a formal application with the City. Senior staff review is available as determined by the Director. The review fee/deposit shall be in compliance with Section 9.50.070 (Application fees). (§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021)
9.50.040 Authority for land use and zoning decisions.
Table 5-1 (Review Authority) identifies the City official or authority responsible for reviewing and making decisions on each type of application or land use entitlement required by this Development Code.
|
Type of Application |
See Chapter |
Director Review (1) |
Commission Review (2) |
Council Review |
|---|---|---|---|---|
|
Administrative Use Permits |
9.62 |
Final |
Appeal |
Appeal |
|
Amendments (General Plan, and Development Code/Zone Map) (3) |
9.86 |
Review |
Recommend |
Final |
|
Conditional Use Permits (4) |
9.64 |
Review |
Final |
Appeal |
|
Development Agreements (3) |
9.70 |
Review |
Recommend |
Final |
|
Final Maps (Tract and Parcel) |
9.104 |
Review |
None |
Final |
|
Home Occupation Permits |
9.58 |
Final |
Appeal |
Appeal |
|
Lot Line Adjustments |
9.106 |
Final |
Appeal |
Appeal |
|
Minor Deviations |
9.68 |
Final |
Appeal |
Appeal |
|
Overheight Exceptions |
9.24 |
Review |
Final |
Appeal |
|
Parcel Maps |
9.104 |
Final |
Appeal |
Appeal |
|
Planned Development Permits (3) |
9.66 |
Review |
Recommend |
Final |
|
Sign Review Permits |
9.34 |
Final |
Appeal |
Appeal |
|
Sign Programs |
9.34 |
Final |
Appeal |
Appeal |
|
Site Plan Review |
9.56 |
Final |
Appeal |
Appeal |
|
Specific Plans/Amendments (3) |
9.72 |
Review |
Recommend |
Final |
|
Temporary Use Permits |
9.60 |
Final |
Appeal |
Appeal |
|
Tentative Tract Maps |
9.102 |
Review |
Final |
Appeal |
|
Variances |
9.68 |
Review |
Final |
Appeal |
Notes:
(1) The Director may defer action and refer any permit or approval application to the Commission for final determination.
(2) The Commission may defer action and refer any permit or approval application to the Council for final determination.
(3) Commission recommends to Council for final determination.
(4) Specific conditionally permitted uses may be allowed subject to recommendation by the Commission and approval by the Council, in compliance with Section 9.64.020 (Applicability).
(§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021)
9.50.050 Application filing.
A. Filing with Department. Applications for amendments, permits, approvals, and other matters pertaining to this Development Code shall be filed with the Department in the following manner:
1. The application shall be made on forms prescribed by the Department.
2. All necessary fees and/or deposits shall be paid in compliance with the City’s fee schedule.
3. The application shall be accompanied by the information identified in the Department handout for the particular application, and may include address labels, exhibits, maps, materials, plans, reports, and other information required by the Department, to describe clearly and accurately the proposed work, its potential environmental impact, and its effect on the terrain, existing improvements, and the surrounding neighborhood.
4. Applicants are encouraged to contact the Department before submitting an application to verify which materials are necessary for application filing.
5. Acceptance of the application does not constitute an indication of approval by the City.
B. Eligible applicants.
1. Applications may only be made by the owners or lessees of property, or their agents, with the expressed written consent of the owner; or
2. Persons who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permits and approvals in compliance with this Development Code, with the expressed written consent of the owner.
C. Director’s determination. If the Director determines that established law (e.g., local, State, or Federal) does not allow the granting of the application (e.g., a request for a zone map amendment or tentative map that could not be granted in absence of a required General Plan amendment application, or a request for a conditional use permit allowing a use that is not allowable in the subject zoning district, etc.), the City shall not accept the application.
D. Not within Director’s scope. In cases where the Director considers the information identified in the application not to be within the scope of the Director’s review and approval procedure, the applicant shall be so informed before filing, and if the application is filed, and the fees are accepted, the application shall be signed by the applicant acknowledging prior receipt of this information.
E. Housing development projects. As used in this chapter and when otherwise required by applicable law, a “housing development project” means a development project consisting of any of the following: (1) residential units only, (2) mixed-use developments consisting of residential and nonresidential uses with at least two-thirds (2/3) of the square footage designated for residential use, or (3) transitional housing or supportive housing, as specified in Government Code Section 65589.5(h)(2). When this chapter does not specify a “housing development project,” the requirements generally applicable to a development project that are not in conflict with the requirements particular to a housing development project shall apply to a housing development project.
1. Preliminary application. A “preliminary application” is a specific type of application for a housing development project that includes all of the information about the proposed housing development project required by Government Code Section 65941.1 and by Section 9.50.060.
2. Final application. A “final application” is a specific type of application for a housing development project that includes all of the information needed to evaluate the application pursuant to Government Code Section 65943 and Section 9.50.080.
F. Filing date. The filing date of an application shall be the date on which the Department receives the last submittal, map, plan, or other material required as a part of a complete application, as required by subsection A of this section (Filing with Department), in compliance with Section 9.50.080 (Initial application review). (§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021)
9.50.060 Preliminary application process for housing development projects.
A. Preliminary application. An applicant for a housing development project may submit a preliminary application that includes all of the information about the proposed housing development project required by Government Code Section 65941.1(a) and by the City form(s) and checklist(s) developed pursuant to Section 65941.1.
B. Filing date. The filing date of a preliminary application shall be the date on which the Department receives the last submittal required as a part of a complete preliminary application and a permit processing fee is paid. If a completed preliminary application is submitted according to this section, the housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect on the preliminary application filing date, except as follows:
1. In the case of a fee, charge, or other monetary exaction, to an increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or other monetary exaction.
2. A preponderance of the evidence in the record establishes that subjecting the housing development project to an ordinance, policy, or standard beyond those in effect on the filing date is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.
3. Subjecting the housing development project to an ordinance, policy, standard, or any other measure, beyond those in effect on the filing date is necessary to avoid or substantially lessen an impact of the project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
4. The housing development project has not commenced construction within two and one-half (2 1/2) years following the date that the project received final approval, as defined in Government Code Section 65589.5(o)(2)(D).
5. The housing development project is revised following submittal of a preliminary application such that the number of residential units or square footage of construction, as defined by the California Building Standards Code, changes by twenty percent (20%) or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, in which case a new preliminary application may be submitted, and the entire project will be subject to ordinances, policies, and standards adopted and in effect when the new preliminary application is submitted. If a new preliminary application is not submitted, the previously submitted preliminary application will remain in effect until it is withdrawn, expires, or is superseded by a final application, but it will not be effective as to a housing development project that changes by twenty percent (20%) or more, as described in this part.
6. Mitigation measures are required to lessen the impacts of a housing development project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
7. If the site or a portion of the site is listed as a tribal cultural resource on a national, State, tribal, or local historic register list.
C. With respect to completed residential units for which the housing development project approval process is complete and a certificate of occupancy has been issued, nothing in this subsection shall limit the application of later enacted ordinances, policies, and standards that regulate the use and occupancy of those residential units, such as ordinances relating to rental housing inspection, rent stabilization, restrictions on short-term renting, and business license and/or registration requirements for owners of rental housing.
D. For purposes of this subsection, “ordinances, policies, and standards” includes general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of the City, as defined in Government Code Section 66000, including those relating to development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions.
E. Completeness of preliminary application. Sufficient information and supporting documentation shall be required for each item submitted as part of the preliminary application process. As used here, “sufficient information and supporting documentation” means the application contains detailed information adequate for the Director or appropriate official to make a determination on the merits as to the item for which the information is submitted.
F. Relation to final application. A final application for a housing development project must be submitted within one hundred eighty (180) calendar days after submitting a complete preliminary application. If the Director determines that the final application for the housing development project is not complete pursuant to Section 9.50.080(A), the housing development proponent shall submit the specific information needed to complete the final application within ninety (90) days of receiving the Director’s written identification of the necessary information. If the housing development proponent does not submit this information within the ninety (90) day period, then the preliminary application shall expire and have no further force or effect. (§ 3 (Att. C), Ord. 21-06, eff. December 1, 2021)
9.50.070 Application fees.
A. Filing fees required.
1. The Council shall, by resolution, establish a schedule of fees for amendments, permits and approvals, and other matters pertaining to this Development Code, referred to in this Development Code as the City’s master administrative fee schedule, to cover the City’s costs for processing an application.
2. The schedule of fees may be changed only by resolution of the Council.
3. The City’s processing fees are cumulative. For example, if an application for a parcel map also requires a minor deviation, both fees shall be charged.
4. Processing shall not commence on an application until all required fees/deposits have been paid.
5. The application shall not be considered filed without the application fee.
6. The City is not required to continue processing any application unless all fees are paid in full.
7. The applicant shall be subject to any City policy regarding the payment of project processing costs.
B. Refunds and withdrawals.
1. Recognizing that filing fees are utilized to cover City costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds for disapproved projects are allowed.
2. In the case of a withdrawal of an application before approval or disapproval, the applicant may submit a written request for a refund of any filing fees within thirty (30) days of the application withdrawal. Failure to submit a timely refund request shall be deemed a waiver and filing fees shall be deemed fully utilized for processing the application up to the time of withdrawal.
3. If a refund request is timely submitted, the Director may authorize a complete or partial refund based upon the prorated costs to date and determination of the status of the application at the time of withdrawal. The City may charge an administrative fee equal to one hour of staff time to process any requested refund, which shall be deducted from the application fees paid before issuing any refund. Any refund request shall be processed, and any refund paid per application to applicant, within sixty (60) days of the applicant’s refund request. (§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023. Formerly 9.50.060)
9.50.080 Initial application review.
All applications filed with the Department shall be initially processed as follows:
A. Director’s review of completeness. The Director shall review all applications for completeness and accuracy before they are accepted as being complete and officially filed.
1. The applicant shall be informed in writing within thirty (30) days of submittal, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided.
2. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the determination, in compliance with Chapter 90 of this title (Appeals).
3. Except as provided below, when an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by subsection (A)(4) of this section.
a. Preliminary applications. Where the Director has determined that a preliminary application is incomplete, the applicant may submit supplemental or additional information to complete the preliminary application. The Director shall determine in writing whether the preliminary application as supplemented or amended includes the information required to complete the preliminary application. This determination shall be made within thirty (30) calendar days.
b. Final applications. If a final application is determined to be incomplete, the written determination shall specify those parts of the final application which are incomplete and shall indicate the manner in which they can be made complete, including an exhaustive list of items that were not complete and thorough description of the specific information needed to complete the final application. That list shall be limited to those items actually required on the Department’s submittal requirement checklist. In any subsequent review of the final application that was determined to be incomplete, the Director shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete.
c. Supplemented final applications. If the applicant submits supplemental or additional materials to the Director in response to the written determination described in subsection (A)(3)(b) of this section, the Director shall determine in writing whether the final application as supplemented or amended includes the information required by the list needed to complete the final application, as required by subsection (A)(3)(b) in this section. This determination shall be made within thirty (30) calendar days.
4. Expiration of applications.
a. If a pending application, other than a preliminary application, is not able to be deemed complete within ninety (90) days after the first filing with the Department, the application shall expire and be deemed withdrawn. Preparation of additional material such as an EIR requiring time beyond ninety (90) days shall not negate a pending application.
b. A new application, including exhibits, fees, plans, and other materials which shall be required to commence processing of a project application on the same property, may then be filed in compliance with this Development Code.
c. If a pending final application is not able to be deemed complete within ninety (90) calendar days after receiving notice from the Director that the final application is incomplete, the pending final application shall expire and be deemed withdrawn, and the preliminary application shall expire and have no further force or effect. Preparation of additional material such as an EIR requiring time beyond ninety (90) calendar days shall not negate a pending final application.
d. A new final application, including exhibits, fees, plans, and other materials which shall be required to commence processing of a development project application on the same property, may then be filed in compliance with this Development Code. The applicant may also submit a new preliminary application as provided in Section 9.50.060.
5. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 9.50.100 (Environmental assessment).
6. An application shall not be deemed complete, and/or shall not be processed or approved, in the event that a condition(s) exists on the subject property in violation of this Development Code or any permit or approval granted in compliance with this Development Code, other than an application for the permit or approval, if any, needed to correct the violation(s), unless approval of a housing development application without corrections is specifically required by State law.
B. Referral of application. At the discretion of the Director, or where otherwise required by this Development Code, or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed land use activity. Such referral does not change the ministerial approval process when applicable.
C. Limit on hearings for housing development projects. A proposed housing development project that complies with the applicable, objective general plan and zoning standards in effect at the time the final application is deemed complete, shall not require more than five (5) public hearings in connection with the approval of that housing development project. (§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021. Formerly 9.50.070)
9.50.090 Determination for housing development projects.
A. Timeline for approval. A housing development project shall be approved or disapproved within whichever of the following periods is applicable:
1. One hundred eighty (180) days from the date of certification of the environmental impact report, if an environmental impact report is prepared pursuant to Public Resources Code Section 21100 or 21151 for the housing development project.
2. Ninety (90) days from the date of certification of the environmental impact report, if an environmental impact report is prepared pursuant to Public Resources Code Section 21100 or 21151 for a housing development project that consists of (1) residential units only, (2) mixed-use residential and nonresidential uses with at least two-thirds (2/3) of the square footage designated for residential use, or (3) transitional housing or supportive housing.
3. Sixty (60) days from the date of certification by the lead agency of the environmental impact report, if an environmental impact report is prepared pursuant to Public Resources Code Section 21100 or 21151 for a housing development project that consists of (1) residential units only, (2) mixed-use residential and nonresidential uses with at least two-thirds (2/3) of the square footage designated for residential use, or (3) transitional housing or supportive housing, and all of the following conditions are met:
a. At least forty-nine percent (49%) of the units in the housing development project are affordable to very low- or low-income households, as defined by Health and Safety Code Sections 50105 and 50079.5, respectively. Rents for the lower income units shall be set at an affordable rent, as that term is defined in Health and Safety Code Section 50053, for at least thirty (30) years. Owner-occupied units shall be available at an affordable housing cost, as that term is defined in Health and Safety Code Section 50052.5.
b. Prior to the final application being deemed complete for the housing development project, written notice was provided by the project applicant that an application has been made or will be made for an allocation or commitment of financing, tax credits, bond authority, or other financial assistance from a public agency or federal agency, and the notice specifies the financial assistance that has been applied for or will be applied for and the deadline for application for that assistance, the requirement that one of the approvals of the housing development project by the City is a prerequisite to the application for or approval of the application for financial assistance, and that the financial assistance is necessary for the project to be affordable.
c. There is confirmation that a financial assistance application has been made to the public agency or federal agency prior to certification of the environmental impact report.
4. Sixty (60) days from the date of adoption of the negative declaration, if a negative declaration is completed and adopted for the housing development project.
5. Sixty (60) days from the determination that the project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), if the project is exempt from that act.
B. Historic site determination. The City will determine whether the site of a proposed housing development project is a historic site at the time the final application for the housing development project is deemed complete. A determination as to whether a parcel of property is a historic site shall remain valid during the pendency of the housing development project for which the application was made unless any archaeological, paleontological, or tribal cultural resources are encountered during any grading, site disturbance, or building alteration activities.
C. Urbanized area designation. If the City is determined to be an urbanized area or urban cluster pursuant to Government Code Section 66300(e), the City will not:
1. Impose or enforce design standards established on or after January 1, 2020, that are not objective design standards.
2. Approve a housing development project that will require the demolition of residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished.
3. Approve a housing development project that will require the demolition of occupied or vacant protected units, unless the conditions required by Government Code Section 66300(d)(2) are satisfied. (§ 3 (Att. C), Ord. 21-06, eff. December 1, 2021)
9.50.100 Environmental assessment.
A. CEQA review. Unless specifically exempted by State law, after acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA).
B. Compliance with CEQA. These determinations and, where required, the preparation of EIRs, shall be in compliance with CEQA.
C. Special studies required. A special study may be required to supplement the City’s CEQA compliance review.
D. Traffic study. All projects shall be subject to the City traffic impact study guidelines.
E. Submittal of additional information. Accepting an application as complete shall not limit the authority of the City to require the submittal of additional information needed for environmental evaluation of the project and the additional information shall not affect the status of the application. (§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021. Formerly 9.50.080)
9.50.110 Staff report, findings, and recommendations.
A. When an application requires a public hearing by either the Commission or Council, a written staff report shall be prepared, which shall include detailed recommendations for changes to the text and/or diagrams of an application, as necessary to make it acceptable for adoption. Otherwise, an approval or denial letter prepared by the Director, with or without conditions, if applicable, shall be prepared and transmitted to the applicant.
B. In the case of an application for a housing development project identified in Government Code Section 65589.5(d) and (j)(1), if the disapproval of a housing development project or conditional approval would render the housing development project infeasible, or require development at a lower density, the Director, Commission, or Council must make written findings based on sufficient facts necessary to satisfy Government Code Section 65589.5(d)(1), (2), (3), (4), or (5), or (j)(1)(A) and (B), as the case may be. The staff report(s) and/or letter(s) described in subsection A of this section shall detail the written findings required by Government Code Section 65589.5(d) and (j) and facts to support the determination. The definitions of Government Code Section 65589.5(h) shall apply to this section.
C. In the case of an application for a housing development project identified in Government Code Section 65589.5(j)(2) found to be inconsistent, not in compliance, or not in conformity with the Development Code, the Director shall provide the applicant written documentation identifying the provision(s) with which the housing development project does not comply, and an explanation of the reason(s) the housing development project does not comply or conform with such standards. The staff report(s) and/or letter(s) described in subsection A of this section shall detail the provision(s) and reason(s) required by this subsection, to the extent possible. The Director, Commission, or Council may make other or additional findings as required by this section. Such findings and decisions shall be made within thirty (30) days if the housing development contains one hundred fifty (150) or fewer units, or within sixty (60) days if the housing development contains more than one hundred fifty (150) units. (§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021. Formerly 9.50.090)
9.50.120 Streamlined ministerial review.
Housing development projects and similar projects expressly authorized by State law to be eligible for streamlined ministerial approval and for which the City is required to approve or deny through a streamlined ministerial approval process shall follow the procedures set forth in this section, and consistent with Government Code Section 65913.4 and applicable Department of Housing and Community Development (“HCD”) Guidelines. The developer must provide notice of intent to apply for streamlined ministerial approval by submitting a preliminary application for the development in accordance with Section 9.50.060.
A. Eligible multifamily housing development projects. In order to be eligible for a streamlined ministerial approval provided by this section and pursuant to Government Code Section 65913.4, a proposed multifamily housing development shall satisfy all of the following planning standards:
1. The development is a multifamily housing development that contains two (2) or more residential units.
2. The development is located on a legal parcel or parcels within the City where at least seventy-five percent (75%) of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined. The site must be zoned for residential use or residential mixed-use development, or have a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds (2/3) of the square footage of the development 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.
3. An applicant must commit to record a land use restriction providing that lower or moderate income units shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for a period not less than forty-five (45) years for owned units and not less than fifty-five (55) years for rental units.
4. The development is subject to mandating a minimum percentage of below market rate housing, as required by Government Code Section 65913.4(a):
a. When the City’s most recent annual progress report (“APR”) submitted to HCD shows that fewer than the number of required above moderate-income housing permits have been issued, the project must dedicate at least ten percent (10%) of its housing units to be affordable to households making at or below eighty percent (80%) of the area median income for projects of more than ten (10) units; or
b. When the City’s APR shows that fewer than the number of required very low- or low-income housing permits have been issued, the project must dedicate fifty percent (50%) of its total number of units to housing affordable to households making at or below eighty percent (80%) of the area median income.
5. The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915, must be consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that a preliminary application for the housing development project is submitted pursuant to Section 9.50.060.
6. The development cannot be located on property within any of the following areas, as more fully described in Government Code Section 65913.4(a)(6): a coastal zone, prime farmland or farmland of statewide importance, wetlands, very high fire hazard severity zone, hazardous waste site, delineated earthquake fault zone, floodplain, floodway, community conservation plan area, habitat for protected species, land under a conservation easement, or located on a qualifying mobile home site.
7. The development cannot be located: (a) on land that requires the demolition of affordable housing or has been occupied by residential tenants within the past ten (10) years, (b) a site that was previously used for housing that was occupied by residential tenants that was demolished within ten (10) years, (c) a site that would require the demolition of a historic structure, or (d) the property contains housing units that are occupied by residential tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.
8. The developer must, in accordance with Government Code Section 65913.4(a)(9): (a) certify that the development is either a public work, or if not entirely a public work, that prevailing wages are paid to construction workers employed; or (b) for developments meeting specific numbers of units for applications approved of within certain time periods, a certified skilled and trained workforce shall be used to complete the development.
9. The development does not involve a parcel that is subject to the California Subdivision Map Act, unless: (a) the development has or will receive financing or funding by means of a low-income housing tax credit and subject to prevailing wage requirements, or (b) the development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used.
10. The development is not upon an existing parcel of land that is governed under the Mobile Home Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobile Home Parks Act, or the Special Occupancy Parks Act.
B. Native American tribe scoping consultation.
1. The City will engage in a scoping consultation regarding the proposed development with any applicable California Native American tribe, as required by Government Code Section 65913.4(b). A development shall not be eligible for the streamlined, ministerial process if any of the following apply:
a. 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.
b. There is a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in Government Code Section 65913.4(b).
c. The parties to a scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.
2. If, after a scoping consultation, a project is not eligible for the streamlined, ministerial process for any or all of the reasons described in Government Code Section 65913.4(b)(5), the City will provide written documentation of that fact, and an explanation of the reason for which the project is not eligible, to the developer and to any California Native American tribe that is a party to that scoping consultation.
3. If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, or 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 developer may submit a final application for the proposed development that is subject to the streamlined, ministerial approval process. The final application shall be processed in accordance with Section 9.50.080, unless otherwise provided in this section.
C. Notice of noncompliance. If a housing development project subject to this section is in conflict with any of the objective planning standards specified in subsection A of this section, written documentation of which standard or standards the housing development project conflicts with, and an explanation for the reason or reasons the housing development project conflicts with that standard or standards, shall be provided to the applicant, as follows:
1. Within sixty (60) days of submittal of the final application if the housing development project contains one hundred fifty (150) or fewer housing units.
2. Within ninety (90) days of submittal of the final application if the housing development project contains more than one hundred fifty (150) housing units.
D. Design review. The Director shall conduct design review or public oversight of the development project. 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 the City before submission of a housing development project application. Design review or public oversight shall be completed as follows:
1. Within ninety (90) days of submittal of the final application if the housing development project contains one hundred fifty (150) or fewer housing units.
2. Within one hundred eighty (180) days of submittal of the final application if the housing development project contains more than one hundred fifty (150) housing units.
E. CEQA exemption. If the housing development project either (a) has or will receive financing or funding by means of a low-income housing tax credit and subject to prevailing wage requirements, or (b) is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce is used, and the housing development project 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 subsection C of this section.
F. Parking. Developments approved pursuant to this section shall have not less than one parking space per unit, or as otherwise allowed in Government Code Section 65913.4(d).
G. Modifications. Modifications to a development approved pursuant to this section shall be evaluated pursuant to Government Code Section 65913.4(g). The City may apply objective planning standards adopted after the preliminary application was first submitted to the requested modification(s) when:
1. The development is revised such that the total number of residential units or total square footage of construction changes by fifteen percent (15%) or more.
2. The development is revised such that the total number of residential units or total square footage of construction changes by five percent (5%) or more and it is necessary to subject the development to an objective standard beyond those in effect when the preliminary application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.
3. 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 modifications. (§ 2 (Att. C), Ord. 19-05, eff. May 8, 2019; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021. Formerly 9.50.100)
9.50.130 Time extensions.
The City and the housing development applicant may mutually agree to an extension of any of the time limits applicable to housing development project applications. (§ 3 (Att. C), Ord. 21-06, eff. December 1, 2021)