Elk Grove Municipal Code Art. III Affordable Housing Developments in Commercial Zones

A. The purpose of this article is to implement the provisions of Sections 65912.100 through 65912.114 of the California Government Code.

B. The provisions of this article shall only apply to a qualifying housing development. As used in this Article III, the term “qualifying housing development” means a multifamily residential (multiple residential unit) development that meets the requirements set forth in this Article III and Sections 65912.111 through 65912.114 of the California Government Code. Qualifying housing developments shall meet or exceed the minimum density requirements outlined herein and meet all of the following:

1. One hundred (100%) percent of the units within the development project, excluding manager’s units, shall be dedicated to lower income households at an affordable cost, as defined in Section 50052.5 of the California Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.

2. The units shall be subject to a record deed restriction for a period of fifty-five (55) years for rental units and forty-five (45) years for owner-occupied units.

3. The project complies with all of the labor standards provided in Section 65912.130 and, as applicable, Section 65912.131 of the California Government Code, as may be amended from time to time.

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

A. Qualifying housing developments shall be allowed by right. No conditional or minor conditional use permit or other local discretionary review shall be required.

B. A qualifying housing development shall be subject to ministerial review of a minor design review by the Zoning Administrator, subject to the objective design and development regulations applicable by this article.

C. A development proposed pursuant to this article shall be eligible for a density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to EGMC Chapter 23.50 and Section 65915 of the California Government Code, as may be amended from time to time.

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

A qualifying housing development shall only be subject to the streamlined review process provided by this article if the subject site complies with all of the following criteria:

A. The site is located in any zoning district where office, retail, or parking are a principally permitted use.

B. The site is a legal lot.

C. At least seventy-five (75%) percent of the perimeter of the site adjoins lots that are developed with urban uses. As used in this section, the term “urban uses” shall mean current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination thereof. Parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered to be adjoined.

D. The site is not, nor is it adjoined to any site, where more than one-third (1/3) of the square footage of the site is dedicated to industrial use (as defined in Section 65912.111(d)(3) of the California Government Code). Parcels that are only separated by a street shall be considered to be adjoined.

E. The site satisfies the requirements specified in Section 65913.4(a)(6) of the California Government Code, exclusive of Section 65913.4(a)(6)(A)(iv) of the California Government Code.

F. The site is not an existing lot of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.

G. For a site within a neighborhood plan area (as defined in Section 65912.101(p) of the California Government Code), the neighborhood plan applicable to the site permitted multifamily housing (multiple residential unit development) on the site.

H. For a vacant site, the site satisfies both of the following:

1. It does not contain tribal cultural resources, as defined by Section 21074 of the California Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the California Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the California Public Resources Code.

2. It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the California Public Resources Code or as designated pursuant to Sections 51179(a) and (b) of the California Government Code.

I. The development is not located on a site where the development would require the demolition of a historic structure that was placed on a national, State, or local historic register.

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

A qualifying housing development shall comply with all of the following objective development requirements as determined by the Zoning Administrator through ministerial review of a minor design review:

A. The development is a multifamily (multiple residential unit) development.

B. The residential density for the development will meet or exceed thirty (30) units per acre.

C. For any housing on the site located within five hundred (500' 0") feet of a freeway, as defined in Section 332 of the California Vehicle Code, all of the following shall apply:

1. The building shall have a centralized heating, ventilation, and air-conditioning system.

2. The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway.

3. The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value of sixteen (16).

4. The air filtration media shall be replaced at the manufacturer’s designated interval.

5. The building shall not have any balconies facing the freeway.

D. None of the housing/residential use on the site is located within three thousand two hundred (3,200' 0") feet of a facility that actively extracts or refines oil or natural gas.

E. Objective Development Standards Applicable.

1. The development shall meet applicable objective zoning standards, objective subdivision standards, and objective design review standards, including but not limited to setbacks, height, landscaping, parking, building articulation and fenestration, and other applicable objective development standards as provided by this code and any applicable design guidelines.

2. If the underlying zoning district(s) of the site allow for multifamily/multiple residential units, those standards of the zoning district shall apply.

3. If the underlying zoning district(s) of the site does not allow for multifamily/multiple residential units, the zoning designation of the closest lot that allows residential use at a density that meets or exceeds the requirements of subsection (B) of this section shall apply.

4. Notwithstanding EGMC Section 23.04.060 (Effect of zoning code changes on pending applications), the applicable objective standards shall be those in effect at the time that the development application is submitted to the City pursuant to this article.

F. For any project that is the conversion of the use of an existing nonresidential use building to residential use, the City will not require the provision of common open space beyond what is already existing on the project site.

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

A. If the City determines that a proposed development project submitted pursuant to this article is consistent with requirements of EGMC Sections 23.17.220 and 23.17.230, it shall approve the project.

B. If the City determines a proposed development project submitted pursuant to this article is in conflict with any of the requirements of EGMC Section 23.17.230, it shall provide the applicant with written documentation of which standard(s) the project conflicts with, along with an explanation for the reason(s) the project conflicts with the standard(s), within the following timeframes, or as otherwise provided under Section 65589.5 of the California Government Code:

1. Within sixty (60) days of the initial submittal of the project to the City for projects containing one hundred fifty (150) or fewer units.

2. Within ninety (90) days of the initial submittal of the project to the City for projects containing more than one hundred fifty (150) units.

3. Within thirty (30) days of submittal of any development project that was resubmitted to address written feedback provided by the City pursuant to subsection (B)(1) or (B)(2) of this section.

C. In any subsequent review of the application determined to be in conflict with any of the requirements of EGMC Section 23.17.230(E), the City will not request the applicant to provide any new information that was not stated in the initial list of items that were determined to be in conflict.

D. Once the City determines that a project submitted pursuant to this article is consistent with the objective planning standards specified in this article, the minor design review required for the project pursuant to EGMC Section 23.17.210, along with any density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to EGMC Chapter 23.50 and Section 65915 of the California Government Code, shall be completed within the following timeframes:

1. Within sixty (60) days of the date that the project is determined consistent with the objective planning standards specified in this article for development projects that contain one hundred fifty (150) or fewer units.

2. Within ninety (90) days of the date that the project is determined consistent with the objective planning standards specified in this article for development projects that contain more than one hundred fifty (150) units.

E. The City will, as a condition of approval of the development, require the development proponent to complete a phase I environmental assessment, as defined in Section 78090 of the California Health and Safety Code. If a recognized environmental condition is found, the applicant shall undertake a preliminary endangerment assessment, as defined in Section 78095 of the California Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.

1. If a release of a hazardous substance is found to exist on the site, before the City issues a certificate of occupancy, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current State and Federal requirements.

2. If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, before the City issues a certificate of occupancy, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current State and Federal requirements.

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