Tulare Municipal Code Ch. 10.83 By-Right Approvals

This chapter specifies the process for reviewing uses entitled to review as a “use by right” as defined in Cal. Gov’t Code § 65583.2. In enacting this chapter, it is the intent of the city to implement state law as well as the goals, objectives, and policies of the city’s Housing Element of the General Plan.

(Ord. 2026-04, passed 5-5-2026)

The following words and phrases shall have the meanings set forth below when used in this chapter:

BY-RIGHT. The local government’s review of the project may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” under the California Environmental Quality Act as defined in Cal. Gov’t Code § 65583.2.

LOW BARRIER NAVIGATION CENTER. A facility as defined in Cal. Gov’t Code § 65660(a) that meets all of the requirements of Cal. Gov’t Code § 65660 et seq.

PERMANENT SUPPORTIVE HOUSING. Housing as defined in Cal. Gov’t Code § 65650(a) serving the target population as defined in Cal. Gov’t Code § 65650(c) that meets all of the requirements of Cal. Gov’t Code §§ 65650 et seq. or successor provision.

(Ord. 2026-04, passed 5-5-2026)

The following uses are eligible for by-right approval:

(A) Projects that satisfy the criteria outlined in divisions (1) and (2) below:

(1) Are located on sites listed as lower-income sites in the adopted housing element site inventory pursuant to Cal. Gov’t Code § 65583.2 subdivision (c) that are shown to have been either:

(a) Vacant and listed in two prior housing element site inventories, or

(b) Non-vacant and listed in a previous housing element site inventory; and,

(2) Twenty percent of the total number of housing units in the project are proposed to be available to lower-income households at affordable rent or affordable housing cost, as applicable.

(B) Permanent supportive housing as defined in Cal. Gov’t Code § 65660 that meets all of the requirements of Cal. Gov’t Code §§ 65660 et seq.

(C) Low barrier navigation centers as defined in Cal. Gov’t Code § 65660 that meets all of the requirements of Cal. Gov’t Code §§ 65660 et seq.

(D) One hundred percent affordable projects located on land that was owned by an independent institution of higher education or religious institution as described in Cal. Gov’t Code § 65913.16.

(E) Other projects eligible under state law for by-right approval.

(Ord. 2026-04, passed 5-5-2026)

An applicant for a project eligible for by-right zoning approval shall submit a ministerial plan permit for approval of the design. No discretionary permit or approval is required.

(Ord. 2026-04, passed 5-5-2026)

(A) For ministerial plan permit applications listed in this section, the Community Development Director, or designee, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. The decision may be appealed to Planning Commission only by the applicant or the owner of the subject property.

(B) The application for the ministerial plan permit shall be reviewed for conformance with objective standards established by the General Plan, applicable Specific Plans, Development Ordinance, design standards, and other adopted standards.

(C) As provided by Cal. Gov’t Code § 65583.2(i), an eligible project is exempt from the California Environmental Quality Act.

(D) Permanent supportive housing shall be reviewed consistent with the provisions of Cal. Gov’t Code §§ 65650 et seq.

(E) Low barrier navigation centers shall be reviewed consistent with the provisions of Cal. Gov’t Code §§ 65650 et seq.

(Ord. 2026-04, passed 5-5-2026)

In granting a ministerial plan permit, the Community Development Director, or designee, shall issue a letter of approval and shall make the following findings:

(A) That the project is eligible for by-right approval under state law.

(B) That the project complies with all applicable objective zoning and other adopted standards, including but not limited to design review standards.

(C) That the project is granted subject to such applicable conditions as required to meet the standards of the use and zone in which it is located and to comply with applicable design standards.

(Ord. 2026-04, passed 5-5-2026)

If any portion of this chapter conflicts with any applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state law. Statutory references in this chapter include successor provisions.

(Ord. 2026-04, passed 5-5-2026)