Chapter 23.17
AFFORDABLE HOUSING STREAMLINED APPROVAL
Sections:
23.17.020 Qualifying housing developments.
23.17.030 Exemptions from discretionary review.
23.17.040 Objective development standards.
23.17.010 Purpose.
The purpose of this chapter is to provide for the implementation of Section 65913.4 of the Government Code by providing a streamlined review and approval process for qualifying affordable housing projects. [Ord. 12-2022 §3 (Exh. A), eff. 6-24-2022]
23.17.020 Qualifying housing developments.
The provisions of this chapter shall only apply to those qualifying housing developments listed in Section 65913.4(a) of the Government Code. [Ord. 12-2022 §3 (Exh. A), eff. 6-24-2022]
23.17.030 Exemptions from discretionary review.
Qualifying housing developments shall be exempt from all City discretionary review including, but not limited to, conditional use permit and discretionary design review; provided, that the project conforms with all applicable ministerial provisions of State law, this municipal code (inclusive of this chapter), and the General Plan. Projects shall only be required to obtain the approvals provided by this chapter from the Zoning Administrator prior to issuance of the required building permit, grading permit, improvement plans, or other City-required construction authorization.
The provisions of this chapter shall not apply to any project listed in EGMC Section 23.30.020(C)(1). [Ord. 12-2022 §3 (Exh. A), eff. 6-24-2022]
23.17.040 Objective development standards.
Notwithstanding EGMC Section 23.04.060, qualifying housing projects shall comply with all ministerial land use regulations, Citywide regulations, and development standards in effect at the time that the application is submitted as those standards are applicable to a residential multi-unit or mixed-use project within the zoning district in which the project is proposed including, but not limited to, residential density, setbacks, height, open yard, and screening requirements as described in this title.
No streamlined housing project shall include a request for an exception to these standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, open yard, land use, development plan approval, or similar development standard, other than modifications granted as part of a density bonus concession or incentive pursuant to State Density Bonus Law.
Objective City Guidelines and Design Standards. Any lot developed with a qualifying streamlined housing project shall comply with all adopted objective guidelines, design review standards, and development standards, including but not limited to the objective design standards for streamlined housing projects. [Ord. 12-2022 §3 (Exh. A), eff. 6-24-2022]
23.17.050 Procedures.
A. Determination of Qualification. The applicant shall submit the project for review pursuant to EGMC Section 23.14.010 to the Development Services Director for initial determination whether the project is eligible for a streamlined, ministerial approval process, including whether the subject application conflicts with the objective guidelines, design review standards, and development standards adopted pursuant to EGMC Section 23.17.040.
B. Review. After the application is determined to be complete, the Development Services Director will review the application to determine consistency with the objective development standards applicable to the project. If the project is found to be inconsistent with the applicable objective development standards, the Development Services Director shall provide written notice to the applicant as prescribed by Section 65913.4(c)(1) of the Government Code, as may be amended from time to time. The applicant shall be provided an opportunity to cure any inconsistencies or deficiencies.
C. Project Approval. A project which meets all the requirements of applicable State law and this chapter shall, after review by the Development Services Director, be forwarded to the Zoning Administrator for public oversight review and action, pursuant to the procedures of EGMC Section 23.14.040. Such hearing and final action on the project shall be in compliance with the time periods established by Section 65913(d)(1) of the Government Code, as may be amended from time to time. The Zoning Administrator’s review shall be objective and be strictly focused on assessing compliance with criteria required for these streamlined projects, as well as any applicable reasonable objective design standards of the City. Written notice of the approval shall be provided to the applicant.
D. Appeals. A final action by the Zoning Administrator regarding a streamlined housing project may be appealed pursuant to the provisions of EGMC Section 23.14.060 (Appeals). [Ord. 12-2022 §3 (Exh. A), eff. 6-24-2022]