Elk Grove Municipal Code Ch. 16.34 Building Permits for Qualifying Housing Development Projects

The purpose of this chapter is to implement the provisions of Section 65913.4.5 of the California Government Code for qualifying housing development projects.

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

The provisions of this chapter shall only apply to qualifying housing development projects. “Qualifying housing development projects” shall mean a housing development project consisting of ten (10) or fewer units on a lot proposed to be subdivided as part of a subdivision where the applicant has met both of the following requirements:

A. The applicant has received a tentative map approval or parcel map approval for the subdivision.

B. The applicant has submitted a building permit application that the local agency deemed complete pursuant to Section 65913.3(b) of the California Government Code.

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

A. Except as otherwise set forth herein and in Sections 65913.4.5 and 66499.30 of the California Government Code, no building permit(s) shall be issued for a residential development project that is part of a land division, including a tentative subdivision map or tentative parcel map, until such time as the corresponding final map or parcel map (as applicable) has first been recorded pursuant to the procedures of EGMC Title 22, Land Division. Pursuant to Section 65913.4.5 of the California Government Code, the City shall issue building permits for a qualifying housing development project, as defined in this chapter, based upon the project’s tentative map and its conditions of approval, provided all the following occurs first:

1. The applicant and City enter into an agreement, as prepared by the City and approved as to form by the City Attorney, that states that the applicant and the applicant’s successors and assignees agree that the building permit is issued on the condition that a certificate of occupancy or equivalent final approval for the building will not be issued unless the final map has been recorded.

2. Any dedication, improvement, and sewer requirements identified in the approved tentative or parcel map or its conditions of approval shall be guaranteed to the satisfaction of the City at the time the building permit is issued.

3. The City shall require security to ensure faithful performance of the requirements identified in the approved tentative or parcel map or its conditions of approval. The amount of security shall be determined by the local agency and shall not be more than three hundred (300%) percent of the total estimated cost of the improvements or of the acts to be performed. The security shall be provided in either of the following forms, as determined by the City:

a. Bond or bonds by one (1) or more duly authorized corporate sureties.

b. An instrument of credit from an agency of the State, Federal, or local government when any agency of the State, Federal, or local government provides at least twenty (20%) percent of the financing for the portion of the act or agreement requiring security, or from one (1) or more financial institutions subject to regulation by the State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution.

B. The City may deny issuance of a building permit if the Building Official makes a written finding, based upon a preponderance of the evidence, that construction of the proposed structure or structures before recordation of the final map would have a specific, adverse impact, as defined and determined in Section 65589.5(d)(2) of the California Government Code, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

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