Elk Grove Municipal Code § 23.17.120 Objective development standards

The purpose of this article is to implement the provisions of Section 65913.4 of the California Government Code. This article shall only apply to qualifying housing developments. As used in this Article II, the term “qualifying housing developments” shall mean those housing developments which meet the qualifications listed in Section 65913.4(a) of the California Government Code.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

Qualifying housing developments shall be subject to streamlined ministerial review hereunder and shall be exempt from all City nonlegislative 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 article), and the General Plan. Qualifying housing developments shall only be required to obtain the approvals required by this Article II from the Zoning Administrator prior to issuance of the required building permit, grading permit, improvement plans, or other City-required construction authorization. This limitation does not apply to any required tentative and final subdivision map, tentative and final parcel map, lot line adjustment(s), or other changes in lot configuration governed by EGMC Title 22 (Land Division), except that any required tentative map proposed concurrently with the qualifying housing development shall be processed concurrently with that project. As provided in EGMC Section 22.04.030(C), the designated approving authority shall be the Zoning Administrator pursuant to EGMC Section 23.17.130(E).

The provisions of this chapter shall not apply to any project listed in EGMC Section 23.30.110(C)(1).

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

A. Notwithstanding EGMC Section 23.04.060, qualifying housing developments 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.

B. 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 for which the development is eligible and granted as part of a density bonus, concession, or incentive pursuant to State Density Bonuses and Other Incentives Law (Section 65915 et seq. of the California Government Code) and EGMC Chapter 23.50.

C. Any lot developed with a qualifying streamlined development project hereunder 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. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

A. Notice of Intent Required. Before submitting an application for a development subject to this article, the applicant shall submit to the City a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1 of the California Government Code as that section read on January 1, 2020. Upon receipt of the notice of intent to submit an application, the City shall engage in a scoping consultation regarding the proposed development with any California Native American tribe(s) traditionally culturally affiliated with the City. The scoping consultation shall be conducted pursuant to the provisions of Section 65913.4(b) of the California Government Code.

B. Public Comment Meeting. For qualifying housing developments that are proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty on the most recent “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development, within forty-five (45) days after receiving a notice of intent, as described in subsection (A) of this section, and before the applicant submits an application for the qualifying housing development, the City shall provide for a public meeting to be held by the City to provide an opportunity for the public and the City to comment on the development. The meeting shall occur at a regular meeting of the City Council. Comments may be provided by testimony during the meeting or in writing any time before the meeting concludes. The applicant shall attest in writing that it attended the public meeting and reviewed the public testimony and written comments from the meeting in its application for the qualifying housing development. If the City does not hold the meeting described herein within forty-five (45) days after receiving the notice of intent, the applicant shall hold a public meeting on the proposed development before submitting an application pursuant to this article.

C. Determination of Qualification. Upon completion of the notice of intent and scoping consultation, if the project is eligible to submit an application for streamlined, ministerial approval pursuant to Section 65913.4(b)(3) of the California Government Code, the applicant shall submit the project for review pursuant to EGMC Section 23.14.010 to the Community Development Director for an initial determination whether the project is eligible for the streamlined, ministerial approval process hereunder, including without limitation whether the subject application conflicts with the City’s objective zoning standards, objective subdivision standards, and objective design review standards, as such terms are defined in Section 65913.4(a)(5) of the California Government Code.

D. Review. If the project is found to be inconsistent with the applicable objective development standards, the Community Development Director shall provide written notice to the applicant as prescribed by Sections 65913.4(c)(1) and 65589.5 of the California Government Code, as may be amended from time to time. The applicant shall be provided with an opportunity to cure any inconsistencies or deficiencies. Consistent with State law, the City shall not determine that a qualifying development project is in conflict with the objective planning standards on the basis that the application materials are not included if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.

E. Project Approval. A project submitted pursuant to this article shall, after review by the Community Development 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 California 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 final action shall be provided to the applicant.

F. Appeals. Any 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).

G. Approval of a qualifying development pursuant to this article shall, notwithstanding any other law, be subject to the expiration timeframes specified in Section 65913.4(g) of the California Government Code.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)