Chapter 21.117 — PRELIMINARY REVIEW OF HOUSING DEVELOPMENT

The purpose of this section is to implement the provisions of California Government Code Section 65941.1, the Housing Crisis Act of 2019, which aims to increase housing supply by expediting the review process for certain housing development projects and offering greater certainty by allowing an optional vesting opportunity through the Preliminary Application process.

(Ord. 736, § 5 (part), 2025).

(a) A housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application including all of the information required by this chapter was submitted except as specified in Government Code Section 65586.5. To be eligible for the preliminary application process and obtain vesting rights a housing development project shall consist of one of the following and satisfy all other applicable provisions of this Chapter:

(1) Residential units only (not including hotels) and creates two or more new dwelling units on a project.

(2) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use; or

(3) Transitional housing or supportive housing.

(Ord. 736, § 5 (part), 2025).

(a) The applicant shall submit a preliminary application set forth by this chapter to establish a project's vested rights.

(b) Within 180 days of submitting a complete preliminary application, the applicant shall submit a Planning Application for the required land use entitlement required for the project. If the City determines that the Planning Application is not complete pursuant to Government Code Section 65943, the applicant shall submit the specific information needed to complete the application within 90 days of receiving the City's written incomplete notice. If the applicant does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.

(c) Within 30 days of the date that an application is deemed complete for residential developments proposing 150 units or fewer, and within 60 days for residential developments proposing greater than 150 units the city has to inform an applicant that their project is consistent or inconsistent with an applicable plan, program, policy, ordinance, standard, requirement, or similar provision.

(d) After submittal of all of the required information, if the development proponent revises the project such that the number of residential units or square footage of construction changes by 20% or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application until the development proponent resubmits the required information so that it reflects the revisions.

(Ord. 736, § 5 (part), 2025).

An applicant for a housing development project shall be deemed to have submitted a preliminary application upon providing all of the following information about the proposed project to the City and upon payment of the permit processing fee:

• (a) The specific location, including parcel numbers, a legal description, and site address, if applicable.

• (b) The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located.

• (c) A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied.

• (d) The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance.

• (e) The proposed number of parking spaces.

• (f) Any proposed point sources of air or water pollutants.

• (g) Any species of special concern known to occur on the property.

• (h) Whether a portion of the property is located within any of the following:

• (1) A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178.

(2) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

(3) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code.

• (4) A special flood hazard area subject to inundation by the 1% annual chance flood (100-year flood) as

determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.

(5) A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

(6) A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.

• (i) Any historic or cultural resources known to exist on the property.

• (j) The number of proposed below market rate units and their affordability levels.

• (k) The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to California Government Code Section 65915.

• (l) Whether any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested.

(m) The applicant's contact information and, if the applicant does not own the property, consent from the property owner to submit the application.

(n) The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied.

(o) A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph

showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands.

(p) The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way.

(Ord. 736, § 5 (part), 2025).

(a) If a proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, after the application is deemed complete, the city shall not conduct more than five hearings, or any other law, ordinance, or regulation requiring a public hearing in connection with the approval of that housing development project. If the City continues a hearing subject to this section to another date, the continued hearing shall count as one of the five hearings allowed under this section. (Ord. 736, § 5 (part), 2025).