San Jose Municipal Code Part 1 General

A. The purpose of this Chapter is to:

1. Define and implement a ministerial review process for qualifying housing development projects pursuant to applicable provisions of state law, including but not limited to California Government Code Sections 65913.4,

2. Establish the objective design standards and procedures for review for ministerial approval.

3. Specify local ministerial approval process for certain housing applications as set forth in Chapter 20.65, Parts 2, 3 and 4;

4. Specify local ministerial approval process for streamlined infill housing developments; and

5. Facilitate the development of housing projects consistent with the goals, objectives, and policies of the City's General Plan Housing Element as may be amended from time to time.

B. Applicability. This Chapter applies to housing development projects that qualify for ministerial approval under applicable state law.

1. This Chapter does not apply to the creation of an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit established in Part 2.75 of Chapter 20.80; Senate Bill 9 Implementation that meets provisions in Part 8 of Chapter 20.30; or streamlined City-initiated two-unit development that meets provisions specified in Part 9 and Part 9.5 of Chapter 20.30.

C. Discretionary Review. Projects that do not meet the criteria for ministerial approval under this Chapter or state law shall be subject to the City's standard discretionary review processes.

(Ord. 31298.)

A. All terms used in this Chapter that are defined by state law shall meet definitions established by their respective Government Code sections, as amended.

B. Whenever the following terms are used in this Chapter, they shall have the meaning established by this Section:

1. "Applicant" means the owner of the property, or person or entity with the written authority of the owner, that submits an application for Ministerial Approval of a qualifying housing development project on said property.

2. "Ministerial Approval" means:

a. Any approval related to a housing development project that does not require the exercise of judgment or deliberation by the Director as authorized by state law; or

b. Any approval related to a housing development project that meets the requirements of Chapter 20.65, Parts 2, 3 or 4, and does not require the exercise of judgement or deliberation by the Director.

3. "State Streamlined Ministerial Approval Process " means Government Code Section 65913.4 and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to Ministerial Approvals.

(Ord. 31298.)