Chapter 18.84 — MULTI-UNIT RESIDENTIAL AND MIXED-USE DEVELOPMENT MINISTERIAL REVIEW…

• A. Purpose. The purpose of this chapter is to establish a streamlined ministerial procedure for the review and approval of eligible multi-unit residential and mixed-use development on infill sites that provide a minimum number of lower income housing units in accordance with California Government Code Section 65913.4 .

• B. Applicability. This chapter shall apply to eligible projects as defined in California Government Code Section 65913.4 .

  1. In the event of any conflict between the provisions of this chapter and the provisions of California Government Code Section 65913.4 , the provisions of California Government Code Section 65913.4 shall prevail.

  2. In the event of any conflict between the provisions of this chapter and the Streamlined Ministerial Approval Process Guidelines adopted by the Department of Housing and Community Development (HCD) ("HCD guidelines"), the provisions of the HCD guidelines shall prevail.

  3. Notwithstanding the provisions of this chapter and Chapter 18.80 (Density Bonus and Other Affordable Housing Incentives) of this title, affordable housing units shall be reviewed in the same manner and concurrently with the ministerial review under this chapter.

  4. In compliance with Section 300(f) of HCD guidelines, the city shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, or rent levels other than what is defined in the HCD guidelines for very-low income, lower-income, and moderate-income, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined processing.

• (Ord. 1855, 12/18/2023)

The definitions found in the HCD guidelines shall apply to the terms contained in this chapter. See Chapter 18.04 , Definitions, for additional definitions.

(Ord. 1855, 12/18/2023)

A multi-unit residential or a mixed-use development that satisfies the eligibility requirements set forth in California Government Code Section 65913.4 shall be eligible for the streamlined, ministerial approval process. (Ord. 1855, 12/18/2023)

An eligible multi-unit residential and mixed-use development shall comply with the following provisions:

• A. La Habra General Plan. Eligible projects shall be consistent with the La Habra General Plan.

• B. La Habra Municipal Code. Eligible projects shall comply with all objective zoning and/or specific plan development standards as those standards as required by the base zone and subdivision requirements as established in the La Habra Municipal Code.

• C. Objective Design Review Standards. All eligible multi-unit residential and mixed-use projects shall comply with the objective design review standards set forth in Chapter 18.09 (Objective Design Standards for MultiUnit Residential and Mixed-Use Development) of this title.

• D. Parking. One parking space shall be provided per unit, unless the development meets any of the criteria set forth in California Government Code Section 65913.4(e)(1) or Section 300(e)(1) of the HCD guidelines, as the same may be amended from time to time.

• (Ord. 1855, 12/18/2023)

• A. Notice of Intent (NOI) to submit and determination of qualification. Before submitting an application for the streamlined, ministerial approval process, the applicant shall submit a notice of intent in the form of a preliminary application that includes all of the information described in California Government Code Section 65941.1 and provide all information specified on the city's ministerial review development checklist.

• B. Scoping Consultation. Upon receipt of a complete NOI, the director or designee shall engage in the tribal consultation process outlined in California Government Code Section 65913.4(b) . After concluding the tribal

consultation process, the city shall notify the applicant whether an application may be submitted for the proposed development in accordance with California Government Code Section 65913.4(b) .

• C. Ministerial Review.

  1. Director Review. The director or designee shall review the application and determine if the project is consistent with the standards specified under Section 18.84.040 of this chapter. The director's review shall be completed within sixty days of submittal of an application pursuant to this chapter if the development contains one hundred fifty or fewer housing units or within ninety days of submittal of an application pursuant to this chapter if the development contains more than one hundred fifty housing units.

     • a. If the director determines that the development is in conflict with any of the standards set forth in Section 18.84.040 of this chapter, the director shall provide the applicant written documentation in support of the director's denial identifying with specificity the standard or standards the development conflicts with, and an explanation of the reason or reasons the development conflicts with the standard or standards, within the timeframes required by this section. If the application can be brought into compliance with minor changes to the proposal, the city, in lieu of making the foregoing detailed findings, will allow the applicant to correct any deficiencies within the timeframes required by this section.

     • b. If the city provides written comments regarding any conflicts with the standards specified under Section 18.84.040 of this chapter, then the sixty- or ninety-day timeline will restart upon the applicant's submittal of a revised development application in response to such written notice.

     • c. If the city fails to provide the required documentation determining consistency within the timeframes required by this section, the development shall be deemed to satisfy the city's objective planning standards and shall be deemed consistent.

     • d. The director's determination shall be forwarded to the planning commission for consideration as part of the ministerial design review/public oversight process as provided for in subsection C.2 , below, under California Government Code Section 65913.4(d) .

2. Planning Commission Design Review/Public Oversight. The planning commission, at a public meeting, shall undertake ministerial design review and public oversight as authorized by California Government Code Section 65913.4(d) .

   • a. The planning commission's review shall include review of the director's determination as outlined in subsection C.1 above. Such review shall comply with California Government Code Section 65913.4 .

   • b. The planning commission's review and a final determination on whether an application complies with the criteria under California Government Code Section 65913.4 shall be completed within ninety days for projects with one hundred fifty or fewer units and within one hundred eighty days for projects with more than one hundred fifty units, measured from the date of the application submittal. Notwithstanding the foregoing, if the planning commission determines that a proposed development is in conflict with any of the city's objective standards, it shall provide the applicant written documentation of which objective standard or standards the development conflicts with, and an explanation of the reason or reasons the development conflicts with that objective standard or standards in accordance with the timelines set forth in subsection C.1 above.

   • c. In accordance with California Government Code Section 65913.4 , the planning commission's review shall not in any way inhibit, chill, or preclude the ministerial approval of the project if it is in compliance with the criteria specified in California Government Code Section 65913.4 . Written notice of the planning commission's decision shall be provided to the applicant.

   • d. If the planning commission does not complete the design review within the timelines set forth in this section, the project shall be deemed consistent with the objective design standards.

• D. Issuance of Subsequent Permits. Once a project is approved pursuant to this chapter, the applicant shall obtain all required subsequent permits, as defined in the HCD guidelines. The city shall process applications for such permits and issue such permits in accordance with the HCD guidelines.

• E. Modifications, Expiration and Extensions.

  1. Modifications. Proposed modifications to projects approved pursuant to this chapter shall be reviewed and approved in accordance with the provisions of California Government Code Section 65913.4 and the HCD guidelines.

  2. Expiration. Projects approved pursuant to this chapter shall remain valid in accordance with the provisions of California Government Code Section 65913.4 and the HCD guidelines.

  3. Extensions. Projects approved pursuant to this chapter may be extended in accordance with the provisions of California Government Code Section 65913.4 and the HCD guidelines.

• (Ord. 1855, 12/18/2023)