Chapter 23.137 — Multifamily Housing Streamlined Design Review Permit

The purpose of this section is to provide a streamlined review of multifamily developments that are determined to substantially comply with the city's multifamily design guidelines or meet the eligibility requirements of Chapter 23.707 RCMC (Objective Design Standards for Multifamily Developments). The intent of this streamlined review is to facilitate construction of multifamily housing to meet the needs of residents and enhance the quality of the community.

(Ord. 17-2021 § 3 (Exh. A))

The review procedures of this chapter shall be applied to eligible multifamily housing projects as described herein.

• A. Eligibility. A multifamily housing project is eligible for a streamlined, ministerial approval process described in this chapter if the development satisfies the eligibility criteria specified below:

  1. Multifamily residential development. The project must involve the development of two or more attached residential units.

  2. Designated for residential uses. The project complies with the zoning and General Plan designations of the project site.

  3. Mixed-use. If a mixed-use project, at least two-thirds of the square footage of the development shall be residential.

  4. Substantially conforms with city's multifamily design guidelines (see multifamily design guidelines for determining substantial conformity); or meets the eligibility requirements of the city's objective design standards for multifamily developments in Chapter 23.707 RCMC.

  5. Lack of Substantial Conformity. If a project application does not substantially conform with the city's multifamily design guidelines, the project will be subject to the city's major design review process as established by Chapter 23.141 RCMC.

• B. Verification of Eligibility. Applicants for a multifamily streamlined design review permit must provide supporting documentation to demonstrate eligibility and substantial conformance with the city's multifamily design guidelines.

• (Ord. 17-2021 § 3 (Exh. A))

• A. Application Required. An application for a multifamily streamlined design review permit shall be filed in accordance with RCMC § 23.110.040 (Application requirements). Additionally, all such applications shall be accompanied by materials as required by the community development director to verify compliance with the requirements of this section.

• B. Timing. Within 30 days (if the project consists of 150 or fewer units) or 60 days (if the project consists of more than 150 units), the city will issue a written determination of consistency with the development standards and design guidelines in place at the time the project application was submitted.

• C. Approval Authority. Applications for multifamily streamlined design review permits shall be reviewed by the community development director.

• D. Approval Required for Conforming Projects and Required Findings. The community development director shall approve an application for multifamily streamlined design review permit if the proposal:

  1. Meets the eligibility criteria for streamlined review of multifamily housing; and

  2. Substantially conforms with the city's multifamily design guidelines and multifamily design standards contained in this title.

• E. No Public Hearing. No public hearing shall be required for the review of a multifamily streamlined design review permit.

• F. Notification of Decision. The community development director shall transmit notice of his/her decision to approve or deny an application for a multifamily streamlined design review permit to the project applicant within one calendar day of the date of decision.

  1. If the community development director determines the project meets the findings in RCMC § 23.137.080 , then they shall approve the project and no further review of the project entitlement shall be required.

  2. If the community development director determines the project application does not meet the findings in RCMC § 23.137.080 , then the applicant shall be notified in writing of the determination and the basis of the determination.

• G. Subsequent Review of Denied Project. An applicant for a multifamily streamlined design review permit that is determined to not substantially conform to the city's multifamily design guidelines may either:

  1. Amend the project design and resubmit the application, with additional fees as specified by the city, for a subsequent review.

  2. Submit a subsequent application for major design review as provided under Chapter 23.141 RCMC (Major Design Review).

• H. Appeals. The decision of the community development director to approve or deny an application for a multifamily streamlined design review permit may be appealed by the applicant per the provisions of this code. The city council's review of an appeal shall be limited to determining whether the project substantially conforms with the multifamily design guidelines. Appeals of a multifamily streamlined design review permit may be filed in accordance with RCMC § 23.110.160 (Appeals).

• (Ord. 17-2021 § 3 (Exh. A))

Environmental review in accordance with the California Environmental Quality Act (CEQA) is required. No action may be taken on a multifamily streamlined design review permit until the requirements of CEQA have been addressed. (Ord. 17-2021 § 3 (Exh. A))

The withdrawal of an application shall follow the procedures set forth in RCMC § 23.110.060 . (Ord. 17-2021 § 3 (Exh. A))

An approval for streamlined review of multi-family housing pursuant to this chapter shall expire pursuant to Government Code Section 65913 . A one-year time extension may be granted pursuant to state law if the applicant provides reasonable documentation to prove there has been significant progress toward getting the project construction-ready, such as filing a building permit application. (Ord. 17-2021 § 3 (Exh. A))

An applicant may request an amendment to an approved multifamily streamlined design review permit, subject to the provisions of RCMC § 23.110.180 (Amendments). (Ord. 17-2021 § 3 (Exh. A))

• A. Determination of Findings for a Multifamily Housing Project. The community development director shall make the following findings in the review of a multifamily housing project using the city's multifamily design guidelines:

  1. The project substantially conforms with the standards of the multifamily design guidelines.

  2. The project architectural style is either consistent with one of the type-specific architectural styles as established by the city or presents a cohesive architectural style and design with identifiable design features consistent with the chosen style.

  3. The project presents to fronting streets in a positive manner and provides frontage improvements that will support and encourage pedestrian circulation.

  4. The development is harmonious with existing and anticipated development of the area.

  5. The project consists of high-quality design and materials, with architectural variety and appropriate articulation of facades.

• B. Determination of Findings for an Affordable Multifamily Housing Project. The planning director shall make the following findings in the review of a multifamily housing project using the city's multifamily objective design standards:

  1. The project conforms with the eligibility requirements and meets all of the objective design standards in the multifamily objective design standards in Chapter 23.707 RCMC.

• (Ord. 17-2021 § 3 (Exh. A))