Chapter 18.217 — By Right Housing

• A. Purpose. The purpose of this Chapter is to ensure that the Town is in compliance with the State Housing Element law (Government Code Section 65583.2) to ensure streamlined ministerial review of housing development projects by requiring by right housing on sites that were identified in previous Housing Elements.

• A. Applicability. This Chapter applies to five properties identified in the 2019-2027 Housing Element, as shown on the map adopted by Town Council Resolution 2025-11:

  1. Arnold DMU (APN 019-300-041);

  2. Arnold DRH (APN 019-300-042);

  3. Winter Creek Multifamily (APN 019-820-001);

  4. Joerger Ranch Parcel 4 (the portion zoned RMW-20 of APN 019-620-002); and

  5. Upper McIver (APN 019-460-042)

• B. Project type . This Chapter applies to housing development projects, which are defined as:

  1. Development with residential units only.

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

  3. Transitional housing or supportive housing.

• C. Developer’s option. The developer has the following options:

  1. The developer may choose to use the provisions in this Chapter to ensure a by right streamlined review of a residential project; or

  2. The developer may choose to comply with the provisions of the standard requirements of the underlying zoning district. Residential projects seeking exceptions, waivers, or modifications to any development standards, excluding modifications granted as part of

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By Right Housing

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density bonus concession, incentive, parking reduction, or waiver of development standards pursuant to Chapter 18.212 (Density Bonuses, Concessions and Incentives), shall not be eligible for ministerial and/or streamlined processing contemplated by this chapter, and will be subject to the applicable discretionary review process outlined in Article IV. Projects opting to use the Flexible Design Review outlined in Section 18.25.030.B shall not use this streamlined review process.

• A. Affordable housing. Projects shall be required to deed-restrict at least 20% of the housing units on site to lower income households or below in perpetuity. “Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. All other requirements for the affordable housing units, including submittal of an affordable housing agreement, shall be consistent with the requirements of Chapter 18.210 (Affordable Housing Controls). The affordable housing may be used to comply with the Inclusionary Housing requirements (Chapter 18.214) and/or determine eligibility for Density Bonuses, Concessions and Incentives (Chapter 18.212) if the by right affordable housing units meet the affordability criteria outlined in the applicable Chapters.

  1. Location of Inclusionary Units. Affordable housing units required by this Chapter shall be built on site within the residential development project.

  2. Timing of Development. Affordable housing units required by this Chapter shall be constructed and offered for sale or rent in accordance with this Chapter concurrently with or prior to completion of market rate units within the residential development project or phase thereof. As used in this Chapter, “concurrently” means that a proportionate share of affordable housing units must be completed by the time 50% of the market rate units within a residential development project are sold.

  3. Building Types and Exterior Appearance. Exterior building materials and finishes for affordable housing units required by this Chapter shall be of the same type and quality as for the market rate units of the project. The building types for inclusionary units shall be the same as for market rate units. For example, if the market rate units are attached two-unit buildings, the affordable housing units are also required to be attached as part of a two-unit building. The living area for the affordable housing units may only be up to 20% smaller than the average living area of all of the market rate units.

  4. Common Amenities. On-site inclusionary units shall have access to all on-site amenities available to market rate units.

  5. Interior Quality. Inclusionary units may have different interior finishes, amenities, and features than the market rate units provided the interior finishes, amenities, and features are durable, of good quality, and consistent with contemporary standards for new housing.

• B. Minimum density. In all cases, the minimum density required for projects eligible for the streamlined ministerial review is 15 dwelling units per acre. The maximum density is the density allowed within the applicable zoning district unless a density bonus is requested, consistent with Chapter 18.212.

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By Right Housing

• C. Development standards. Projects reviewed under this Chapter shall comply with the development standards of the primary zoning district, including all design standards. For projects on Joerger Ranch Parcel 4 (Portion of APN 019-620-002), the requirement of the Joerger Ranch Specific Plan governs. For all other projects, the Development Code standards shall govern, including Chapter 18.25 (Objective Design Standards).

• D. Projects within the DMU zoning district. Multifamily residential projects within the DMU zoning district with only residential units shall comply with the requirements of the DRM (Downtown Medium Density Residential) zoning district.

• A. Review. Projects reviewed for compliance with the Chapter shall be subject to by right Streamlined Residential Review (Chapter 18.79) and ministerial Zoning Clearance review. Environmental review shall not be required for by right housing projects that are consistent with this Chapter.

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Reasonable Accommodation

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– CHAPTER 18.218 REASONABLE ACCOMMODATION

Sections:

18.218.010 – Purpose and Intent

18.218.020 – Applicability

18.218.030 – Application Requirements 18.218.040 – Review Authority and Procedure

• 18.218.050 – Findings and Decision

• 18.218.060 – Appeal