Elk Grove Municipal Code Art. V Middle Class Housing Projects

A. The purpose of this article is to implement the provisions of Section 65852.24 of the California Government Code. This article shall only apply to those qualifying housing developments meeting the requirements of Section 65852.24 of the California Government Code.

B. The provisions of this article shall only apply to a qualifying development that meets all of the following:

1. The development project is a housing development that consists of residential units exclusively or is a mixed-use development consisting of residential and nonresidential retail commercial or office uses, and at least fifty (50%) percent of the square footage of the new construction associated with the project is designated for residential use. None of the square footage of any such development shall be designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel as that term is defined in Section 50519 of the California Health and Safety Code.

2. The project complies with all of the labor standards provided in Sections 65852.24(b)(8) and (b)(9) of the California Government Code, as may be amended from time to time.

3. The project complies with all notifications and relocation assistance required by Section 65852.24(c) of the California Government Code.

(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 shall be required.

B. A qualifying housing development shall be subject to approval of a minor design review by the Zoning Administrator, subject to the objective 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 development project shall only be subject to the provisions of 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. The project site is twenty (20) acres or less, unless the site is a regional mall, as defined in California Government Code Section 65912.101(r), in which case the site is not greater than one hundred (100) acres.

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 such term is defined in Section 65852.24(b)(6)(B)(iii) of the California Government Code. Parcels that are only separated by a street or highway (as that term is defined in Section 360 of the California Vehicle Code) shall be considered to be adjoined.

E. The qualifying development is consistent with any applicable and approved sustainable community strategy or alternative plan, as described in Section 65080 of the California Government Code.

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

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

A. The minimum residential density of the development shall be thirty (30) units per acre.

B. The development shall comply with the development standards for the RD-40 zone, or the standards of the zoning district applied to the nearest property to the site that allows for the minimum density required in subsection (A) of this section.

C. Any rental of any residential unit created by this article shall be for a term longer than thirty (30) days.

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

A. A development project qualifying for the provisions of this Article shall be subject to the permit processing procedures for other minor design review applications as provided in EGMC Chapters 23.14 and 23.16.

B. A project subject to the provisions of this article shall not be eligible for the streamlining provided in Article II of this chapter if it meets either of the following conditions:

1. The project site has previously been developed pursuant to Article II with a project of ten (10) units or fewer.

2. The developer of the project or any person acting in concert with the developer has previously proposed a project pursuant to Article II of ten (10) units or fewer on the same or an adjacent site.

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