Santa Paula Municipal Code Ch. 16.35 Ministerial Review for Qualifying Housing Projects

The purpose of this chapter is to ensure conformance with Cal. Gov’t Code § 65583.2(c) and (i) regarding by-right permit processing for qualifying housing developments on sites identified to accommodate lower-income units in Table B-5 of the Santa Paula Housing Element of the General Plan.

(Ord. 1334, passed 2-13-24; Am. Ord. 1335, passed 3-20-24)

This chapter applies only to qualifying housing projects that are located on parcels identified as accommodating lower-income units in Housing Element Table B-5. Any development that does not meet the eligibility criteria set forth in § 16.35.03 shall comply with all applicable provisions of this Title.

(Ord. 1334, passed 2-13-24; Am. Ord. 1335, passed 3-20-24)

To be considered a qualified housing development under this chapter, the housing development must meet the following criteria:

(A) The development is located on a parcel identified as accommodating lower-income housing units in Housing Element Table B-5.

(B) At least 20% of the units are affordable to lower-income households.

(Ord. 1334, passed 2-13-24; Am. Ord. 1335, passed 3-20-24)

Qualifying developments shall be eligible for applicable incentives and concessions pursuant to §§ 16.13.310 et seq. consistent with State Density Bonus Law as it may be amended from time to time.

(Ord. 1334, passed 2-13-24; Am. Ord. 1335, passed 3-20-24)

The Director will review an application received for a site development permit issued in accordance with this chapter and must issue a site development permit within 60 days of deeming the application complete if the Director finds all of the following:

(A) The application complies with all applicable law including, without limitation, this chapter; and

(B) The application complies with the applicable objective development and design requirements for the zoning district in which the project is located.

(Ord. 1334, passed 2-13-24; Am. Ord. 1335, passed 3-20-24)

(A) The qualified housing projects allowed by this chapter require a nondiscretionary site development permit.

(B) Applications for a site development permit pursuant to this chapter are subject to an administrative review process. Pursuant to Cal. Gov't Code § 65583.2(i), such permits do not require discretionary local government review or approval that constitutes a project for purposes Cal. Public Resources Code §§ 21000 et seq.

(C) The administrative review process shall not require a public hearing.

(Ord. 1334, passed 2-13-24; Am. Ord. 1335, passed 3-20-24)

Temporary uses are allowed as provided in the applicable zoning district in which the project is located.

(Ord. 1334, passed 2-13-24; Am. Ord. 1335, passed 3-20-24)

Accessory uses are allowed as provided in the applicable zoning district in which the project is located.

(Ord. 1334, passed 2-13-24; Am. Ord. 1335, passed 3-20-24)

The site development and design standards for qualifying projects are the base site development standards of the zoning district in which the qualified housing development is located. Standards shall be applied in a manner consistent with Cal. Gov’t Code § 65583.2(i).

(Ord. 1334, passed 2-13-24; Am. Ord. 1335, passed 3-20-24)

The following conditions apply to all qualified housing developments:

(A) Occupancy standards for each dwelling unit must meet the minimum standards of the California Uniform Housing Code or the California Employee Housing Act, or successor statutes, depending upon which is applicable.

(B) Affordable dwelling units must comply with the applicable requirements of §§ 16.13.310 et seq. of this title.

(Ord. 1334, passed 2-13-24; Am. Ord. 1335, passed 3-20-24)

The Director is authorized to administer this chapter. An applicant may appeal any decision of the Director to the Planning Commission by filing a written notice of appeal with the City Clerk within ten calendar days after notice of the Director's action has been communicated to the applicant.

(Ord. 1334, passed 2-13-24; Am. Ord. 1335, passed 3-20-24)