9-401.120 - STREAMLINED APPROVAL FOR ELIGIBLE INFILL PROJECTS

An applicant proposing a residential development that includes at least 10 percent affordable units and meets the eligibility criteria of Government Code Section 65913.4 may request that the entitlement be approved through a streamlined, ministerial approval process. Projects that meet the eligibility criteria in this Chapter and the requirements of the State law shall be approved under a ministerial approval process, which exempts them from environmental review under the California Environmental Quality Act. This process also exempts such projects from any discretionary review that would otherwise be required by this Development Title, including, but not limited to requirements for administrative use approval, and does not allow public hearings.

(a)

Eligibility criteria for streamlined ministerial approval. The project shall meet all of the following requirements pursuant to Government Code Section 65913.4:

(1)

The development shall be multi-family housing that contains three or more dwelling units that will be offered for rental or for sale, excluding Accessory Dwelling Units (ADUs).

(2)

At least two-thirds of the square footage of the development shall be designated for residential use.

(3)

The developer shall dedicate at least 10 percent of the units in the project to households making 80 percent or less of the area median income and restricted by an Affordable Housing Density Bonus Agreement pursuant to Section 9-401.120.

(4)

The development shall be consistent with all applicable standards of this Zoning Code.

(5)

At least 75 percent of the perimeter of the development site shall be developed with urban uses. For purposes of this requirement, parcels that are only separated by a public street or highway are considered to be adjacent.

(6)

The General Plan designation and zoning of the site shall allow for residential or residential mixed-use development.

(7)

The project shall meet the parking requirements in Chapter 9-406, Parking and Loading, or a maximum of one parking space per unit, whichever is lower. However, no parking shall be required if the project is

located:

(A)

Within one half mile of a major transit stop in a transit corridor,

(B)

Within a historic district adopted pursuant to Chapter 9-704, Historic Districts and Landmarks; or

(C)

Within one block of a car-share vehicle station.

(8)

The project site shall not be located in any of the following areas:

(A)

Wetlands as defined by federal law;

(B)

Within a flood plain or floodway designated by the Federal Emergency Management Agency (FEMA);

(C)

On prime farmland or farmland of statewide importance as defined by the United States Department of Agriculture and designated on maps prepared by the State Department of Conservation;

(D)

In a very high fire hazard severity zone designated by the State Department of Forestry and Fire Protection;

(E)

On a hazardous waste site designated by the State Department of Toxic Substances Control (DTSC) unless it has been cleared for residential or residential mixed-use by DTSC;

(F)

Within an earthquake fault zone unless the development meets applicable seismic protection standards of the County's Building Code;

(G)

Within a protected species habitat area designated by the General Plan or a County-approved Habitat Conservation Plan;

(H)

Lands under a conservation easement or identified for conservation in an adopted conservation plan or other adopted natural resource protection plan;

(I)

A site where development would require demolition of housing subject to recorded rent restrictions or occupied by tenants during the past 10 years;

(J)

A site where demolition of an historic structure listed on a County, State, or federal Historic Register would be required; or

(K)

A site governed by the Mobile Home Residency Law, the Recreational, Vehicle Park Occupancy Law, the Mobile Home Parks Act, or the Special Occupancy Parks Act.

(b)

Application and Review Process. An applicant seeking approval under the requirements of this section and Government Code Section 65913.4 shall submit proposed plans and an application for SB 35 - Streamlined Infill Project Approval on the form issued by the Community Development Department. The application shall be accompanied by: 1) the required fee listed in the County's Fee Schedule, 2) a Housing Density Bonus and Incentive Application signed by property owner or authorized agent, and 3) dimensioned plans that meet the current application and checklist requirements for streamlined review. A pre-application, as required by Section 9401.100, shall be used to determine eligibility for streamlined review.

(c)

Zoning Compliance Review. A housing project, including a mixed-use project, shall be granted a Zoning Compliance Review with a streamlined, ministerial approval process if it:

(1)

Qualifies for streamlined, ministerial approval under Government Code Section 65913.4; and

(2)

Complies with the County's objective development standards.

(d)

Notification of Non-Compliance with Standards. If the Zoning Administrator determines a project submitted under this section conflicts with any of the requirements set forth in subsection (a) above, it shall inform the applicant, in writing, of the requirement or requirements the project conflicts with, along with an explanation of all conflicts, in the following timeframes:

(1)

Within 60 days of submittal of the application if the project contains 150 or fewer dwelling units; or

(2)

Within 90 days of submittal of the application if the project contains more than 150 dwelling units.

(e)

Deemed approval. If the Zoning Administrator does not provide written notice as required by subsection (c) above, the project will be deemed to satisfy the requirements specified in subsection (b) above and must be granted a Zoning Compliance Review.

(f)

Establishment and Expiration of the Permit. Section 9-802.110 governs the establishment and expiration of an administrative permit granted under this section, except when that section conflicts with subdivision (f) of Government Code Section 65913.4, the provisions of the Government Code prevail.

(g)

Subsequent Permits. The County shall issue subsequent permits if the application for those permits substantially complies with the development as it was approved under this section. Upon receipt of an application for a subsequent permit, County staff shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved using the Streamlined Ministerial Approval Process of this section. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this subsection "unreasonable delay" means permit processing times that are longer than other similar permit requests for projects not approved using the Streamlined Ministerial Approval Process.

(h)

Prevailing Wage and Skilled and Trained Workforce Requirements. The Labor Provisions in the Streamlined Ministerial Approval Process, located in paragraph (8) of subdivision (a) of Government Code Section 65913.4, contain requirements regarding payment of prevailing wages and use of a skilled and trained workforce in the construction of a development approved under this section. Applicants shall certify in the development application that these provisions will be met, as applicable, and that post-approval payroll records shall be maintained.

(1)

A project with more than 25 housing units is required to use a skilled and trained workforce and submit monthly reports to the Zoning Administrator demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. This requirement does not apply if 100 percent of the units are subsidized affordable housing.

(2)

A project that includes 10 of fewer housing units is exempt from these prevailing wage and trained workforce requirements.