Chapter 23.17 STREAMLINED HOUSING APPROVALS

The purpose of this chapter is to provide for the implementation of various portions of the California Government Code by providing a streamlined review and approval process for qualifying housing projects. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.020 Special proceedings.

Notwithstanding the requirements of EGMC Chapters 23.14, 23.16, and 23.50, to the extent that any development project qualifies for one (1) or more of the streamlined review and approval processes provided by this chapter, where that same project concurrently applies for a density bonus or other developer incentives as provided by EGMC Chapter 23.50, the designated approving authority for the density bonus, concession, or other developer incentive shall be the same as the approval authority for the streamlined review and approval process. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

Article II. Infill Affordable Housing Projects

23.17.100 Purpose and qualifying housing developments.

The purpose of this article is to implement the provisions of Section 65913.4 of the California Government Code. This article shall only apply to qualifying housing developments. As used in this Article II, the term “qualifying housing developments” shall mean those housing developments which meet the qualifications listed in Section 65913.4(a) of the California Government Code. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.110 Exemptions from discretionary review.

Qualifying housing developments shall be subject to streamlined ministerial review hereunder and shall be exempt from all City nonlegislative discretionary review including, but not limited to, conditional use permit and discretionary design review; provided, that the project conforms with all applicable ministerial provisions of State law, this municipal code (inclusive of this article), and the General Plan. Qualifying housing developments shall only be required to obtain the approvals required by this Article II from the Zoning Administrator prior to issuance of the required building permit, grading permit, improvement plans, or other City-required construction authorization. This limitation does not apply to any required tentative and final subdivision map, tentative and final parcel map, lot line adjustment(s), or other changes in lot configuration governed by EGMC Title 22 (Land Division), except that any required tentative map proposed concurrently with the qualifying housing development shall be processed concurrently with that project. As provided in EGMC Section 22.04.030(C), the designated approving authority shall be the Zoning Administrator pursuant to EGMC Section 23.17.130(E).

The provisions of this chapter shall not apply to any project listed in EGMC Section 23.30.110(C)(1). [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.120 Objective development standards.

A. Notwithstanding EGMC Section 23.04.060, qualifying housing developments shall comply with all ministerial land use regulations, Citywide regulations, and development standards in effect at the time that the application is submitted as those standards are applicable to a residential multi-unit or mixed-use project within the zoning district in which the project is proposed including, but not limited to, residential density, setbacks, height, open yard, and screening requirements as described in this title.

B. No streamlined housing project shall include a request for an exception to these standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, open yard, land use, development plan approval, or similar development standard, other than modifications for which the development is eligible and granted as part of a density bonus, concession, or incentive pursuant to State Density Bonuses and Other Incentives Law (Section 65915 et seq. of the California Government Code) and EGMC Chapter 23.50.

C. Any lot developed with a qualifying streamlined development project hereunder shall comply with all adopted objective guidelines, design review standards, and development standards, including but not limited to the objective design standards for streamlined housing projects. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.130 Procedures.

A. Notice of Intent Required. Before submitting an application for a development subject to this article, the applicant shall submit to the City a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1 of the California Government Code as that section read on January 1, 2020. Upon receipt of the notice of intent to submit an application, the City shall engage in a scoping consultation regarding the proposed development with any California Native American tribe(s) traditionally culturally affiliated with the City. The scoping consultation shall be conducted pursuant to the provisions of Section 65913.4(b) of the California Government Code.

B. Public Comment Meeting. For qualifying housing developments that are proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty on the most recent “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development, within forty-five (45) days after receiving a notice of intent, as described in subsection (A) of this section, and before the applicant submits an application for the qualifying housing development, the City shall provide for a public meeting to be held by the City to provide an opportunity for the public and the City to comment on the development. The meeting shall occur at a regular meeting of the City Council. Comments may be provided by testimony during the meeting or in writing any time before the meeting concludes. The applicant shall attest in writing that it attended the public meeting and reviewed the public testimony and written comments from the meeting in its application for the qualifying housing development. If the City does not hold the meeting described herein within forty-five (45) days after receiving the notice of intent, the applicant shall hold a public meeting on the proposed development before submitting an application pursuant to this article.

C. Determination of Qualification. Upon completion of the notice of intent and scoping consultation, if the project is eligible to submit an application for streamlined, ministerial approval pursuant to Section 65913.4(b)(3) of the California Government Code, the applicant shall submit the project for review pursuant to EGMC Section 23.14.010 to the Community Development Director for an initial determination whether the project is eligible for the streamlined, ministerial approval process hereunder, including without limitation whether the subject application conflicts with the City’s objective zoning standards, objective subdivision standards, and objective design review standards, as such terms are defined in Section 65913.4(a)(5) of the California Government Code.

D. Review. If the project is found to be inconsistent with the applicable objective development standards, the Community Development Director shall provide written notice to the applicant as prescribed by Sections 65913.4(c)(1) and 65589.5 of the California Government Code, as may be amended from time to time. The applicant shall be provided with an opportunity to cure any inconsistencies or deficiencies. Consistent with State law, the City shall not determine that a qualifying development project is in conflict with the objective planning standards on the basis that the application materials are not included if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.

E. Project Approval. A project submitted pursuant to this article shall, after review by the Community Development Director, be forwarded to the Zoning Administrator for public oversight review and action, pursuant to the procedures of EGMC Section 23.14.040. Such hearing and final action on the project shall be in compliance with the time periods established by Section 65913(d)(1) of the California Government Code, as may be amended from time to time. The Zoning Administrator’s review shall be objective and be strictly focused on assessing compliance with criteria required for these streamlined projects, as well as any applicable reasonable objective design standards of the City. Written notice of the final action shall be provided to the applicant.

F. Appeals. Any final action by the Zoning Administrator regarding a streamlined housing project may be appealed pursuant to the provisions of EGMC Section 23.14.060 (Appeals).

G. Approval of a qualifying development pursuant to this article shall, notwithstanding any other law, be subject to the expiration timeframes specified in Section 65913.4(g) of the California Government Code. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

Article III. Affordable Housing Developments in Commercial Zones

23.17.200 Purpose and qualifying housing developments.

A. The purpose of this article is to implement the provisions of Sections 65912.100 through 65912.114 of the California Government Code.

B. The provisions of this article shall only apply to a qualifying housing development. As used in this Article III, the term “qualifying housing development” means a multifamily residential (multiple residential unit) development that meets the requirements set forth in this Article III and Sections 65912.111 through 65912.114 of the California Government Code. Qualifying housing developments shall meet or exceed the minimum density requirements outlined herein and meet all of the following:

1. One hundred (100%) percent of the units within the development project, excluding manager’s units, shall be dedicated to lower income households at an affordable cost, as defined in Section 50052.5 of the California Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.

2. The units shall be subject to a record deed restriction for a period of fifty-five (55) years for rental units and forty-five (45) years for owner-occupied units.

3. The project complies with all of the labor standards provided in Section 65912.130 and, as applicable, Section 65912.131 of the California Government Code, as may be amended from time to time. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.210 Applicable entitlements.

A. Qualifying housing developments shall be allowed by right. No conditional or minor conditional use permit or other local discretionary review shall be required.

B. A qualifying housing development shall be subject to ministerial review of a minor design review by the Zoning Administrator, subject to the objective design and development regulations applicable by this article.

23.17.220 Site requirements.

A qualifying housing development shall only be subject to the streamlined review process provided by this article if the subject site complies with all of the following criteria:

A. The site is located in any zoning district where office, retail, or parking are a principally permitted use.

B. The site is a legal lot.

C. At least seventy-five (75%) percent of the perimeter of the site adjoins lots that are developed with urban uses. As used in this section, the term “urban uses” shall mean current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination thereof. Parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered to be adjoined.

D. The site is not, nor is it adjoined to any site, where more than one-third (1/3) of the square footage of the site is dedicated to industrial use (as defined in Section 65912.111(d)(3) of the California Government Code). Parcels that are only separated by a street shall be considered to be adjoined.

E. The site satisfies the requirements specified in Section 65913.4(a)(6) of the California Government Code, exclusive of Section 65913.4(a)(6)(A)(iv) of the California Government Code.

F. The site is not an existing lot of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.

G. For a site within a neighborhood plan area (as defined in Section 65912.101(p) of the California Government Code), the neighborhood plan applicable to the site permitted multifamily housing (multiple residential unit development) on the site.

H. For a vacant site, the site satisfies both of the following:

1. It does not contain tribal cultural resources, as defined by Section 21074 of the California Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the California Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the California Public Resources Code.

2. It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the California Public Resources Code or as designated pursuant to Sections 51179(a) and (b) of the California Government Code.

I. The development is not located on a site where the development would require the demolition of a historic structure that was placed on a national, State, or local historic register. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.230 Objective development requirements.

A qualifying housing development shall comply with all of the following objective development requirements as determined by the Zoning Administrator through ministerial review of a minor design review:

A. The development is a multifamily (multiple residential unit) development.

B. The residential density for the development will meet or exceed thirty (30) units per acre.

C. For any housing on the site located within five hundred (500' 0") feet of a freeway, as defined in Section 332 of the California Vehicle Code, all of the following shall apply:

1. The building shall have a centralized heating, ventilation, and air-conditioning system.

2. The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway.

3. The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value of sixteen (16).

4. The air filtration media shall be replaced at the manufacturer’s designated interval.

5. The building shall not have any balconies facing the freeway.

D. None of the housing/residential use on the site is located within three thousand two hundred (3,200' 0") feet of a facility that actively extracts or refines oil or natural gas.

E. Objective Development Standards Applicable.

1. The development shall meet applicable objective zoning standards, objective subdivision standards, and objective design review standards, including but not limited to setbacks, height, landscaping, parking, building articulation and fenestration, and other applicable objective development standards as provided by this code and any applicable design guidelines.

2. If the underlying zoning district(s) of the site allow for multifamily/multiple residential units, those standards of the zoning district shall apply.

3. If the underlying zoning district(s) of the site does not allow for multifamily/multiple residential units, the zoning designation of the closest lot that allows residential use at a density that meets or exceeds the requirements of subsection (B) of this section shall apply.

4. Notwithstanding EGMC Section 23.04.060 (Effect of zoning code changes on pending applications), the applicable objective standards shall be those in effect at the time that the development application is submitted to the City pursuant to this article.

F. For any project that is the conversion of the use of an existing nonresidential use building to residential use, the City will not require the provision of common open space beyond what is already existing on the project site. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.240 Procedures.

A. If the City determines that a proposed development project submitted pursuant to this article is consistent with requirements of EGMC Sections 23.17.220 and 23.17.230, it shall approve the project.

B. If the City determines a proposed development project submitted pursuant to this article is in conflict with any of the requirements of EGMC Section 23.17.230, it shall provide the applicant with written documentation of which standard(s) the project conflicts with, along with an explanation for the reason(s) the project conflicts with the standard(s), within the following timeframes, or as otherwise provided under Section 65589.5 of the California Government Code:

1. Within sixty (60) days of the initial submittal of the project to the City for projects containing one hundred fifty (150) or fewer units.

2. Within ninety (90) days of the initial submittal of the project to the City for projects containing more than one hundred fifty (150) units.

3. Within thirty (30) days of submittal of any development project that was resubmitted to address written feedback provided by the City pursuant to subsection (B)(1) or (B)(2) of this section.

C. In any subsequent review of the application determined to be in conflict with any of the requirements of EGMC Section 23.17.230(E), the City will not request the applicant to provide any new information that was not stated in the initial list of items that were determined to be in conflict.

D. Once the City determines that a project submitted pursuant to this article is consistent with the objective planning standards specified in this article, the minor design review required for the project pursuant to EGMC Section 23.17.210, along with any density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to EGMC Chapter 23.50 and Section 65915 of the California Government Code, shall be completed within the following timeframes:

1. Within sixty (60) days of the date that the project is determined consistent with the objective planning standards specified in this article for development projects that contain one hundred fifty (150) or fewer units.

2. Within ninety (90) days of the date that the project is determined consistent with the objective planning standards specified in this article for development projects that contain more than one hundred fifty (150) units.

E. The City will, as a condition of approval of the development, require the development proponent to complete a phase I environmental assessment, as defined in Section 78090 of the California Health and Safety Code. If a recognized environmental condition is found, the applicant shall undertake a preliminary endangerment assessment, as defined in Section 78095 of the California Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.

1. If a release of a hazardous substance is found to exist on the site, before the City issues a certificate of occupancy, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current State and Federal requirements.

2. If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, before the City issues a certificate of occupancy, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current State and Federal requirements. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

Article IV. Mixed-Income Housing Developments Along Commercial Corridors

23.17.300 Purpose and qualifying housing developments.

A. The purpose of this article is to implement the provisions of Sections 65912.120 through 65912.124 of the California Government Code.

B. The provisions of this article shall only apply to a qualifying housing development. As used herein, the term “qualifying housing development” means a multifamily (multiple residential unit) development that meets the requirements of this Article IV and Sections 65912.120 through 65912.124 of the California Government Code. Qualifying housing developments shall meet or exceed the minimum density requirements outlined herein and meet all of the following:

1. If the project is a rental housing development it shall include either of the following:

a. Eight (8%) percent of the base units for very low-income households and five (5%) percent of the units for extremely low-income households.

b. Fifteen (15%) percent of the base units for lower income households.

2. If the project is an owner-occupied housing development it shall include either of the following:

a. Thirty (30%) percent of the base units shall be offered at an affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, to moderate-income households.

b. Fifteen (15%) percent of the base units shall be offered at an affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, to lower income households.

3. The affordability requirements of this section shall be maintained as follows:

a. Rental units shall continue to be affordable for a period of not less than fifty-five (55) years. Rents shall be set at an affordable rent, as defined in Section 50053 of the California Health and Safety Code.

b. Owner-occupied units shall continue to be affordable for a period of not less than forty-five (45) years.

4. The project complies with all of the labor standards provided in Sections 65912.130 and, as applicable, 65912.131 of the California Government Code, as may be amended from time to time.

5. The project complies with all notifications and relocation assistance required by Section 65912.123(i) of the California Government Code.

6. Affordable units in the qualifying housing development project shall have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.310 Applicable entitlements.

A. Qualifying housing developments shall be allowed by right. No conditional or minor conditional use permit or other discretionary review shall be required.

C. A development proposed pursuant to this article shall be eligible for a density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to EGMC Chapter 23.50 and Section 65915 of the California Government Code, as may be amended from time to time. An applicant may use incentives, concessions, and waivers or reductions of development standards allotted pursuant to Sections 65915(d) and (e) of the California Government Code to deviate from the objective standards contained in Sections 65912.123(c), (d)(2) and (d)(3) of the California Government Code. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.320 Site requirements.

A qualifying development project shall only be subject to the streamlined review process provided by this article if the subject site complies with all of the following criteria:

A. The site is located in any zoning district where office, retail, or parking is a principally permitted use.

B. The site is a legal lot.

C. The project site abuts a commercial corridor (as defined in Section 65912.101 of the California Government Code) and has a frontage along the commercial corridor of at least fifty (50' 0") feet.

D. The site is not greater than twenty (20) acres, unless the site is a regional mall, in which case the site is not greater than one hundred (100) acres.

E. At least seventy-five (75%) percent of the perimeter of the site adjoins lots that are developed with urban uses. As used in this Article IV, “urban uses” means current or former residential, commercial, public institutional, transit or transportation facility, or retail use, or any combination thereof. Parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered to be adjoined.

F. The site is not, nor is it adjoined to any site, where more than one-third (1/3) of the square footage of the site is dedicated to industrial use as defined in Section 65912.121(f)(3) of the California Government Code. Parcels that are only separated by a street or highway (as that term is defined in Section 360 of the California Vehicle Code) shall be considered to be adjoined.

G. The site is not limited by any of the conditions prohibited under EGMC Section 23.30.110(C)(1).

H. The site is not located on a site where any of the following apply:

1. The development would require the demolition of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control by the City.

c. Housing that has been occupied by tenants within the past ten (10) years, excluding any manager’s units.

2. The site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within ten (10) years before submittal of the subject project.

3. The project would require the demolition of a historic structure that was placed on a national, State, or local historic register.

4. The property contains one (1) to four (4) dwelling units.

5. The property is vacant and zoned for housing but not for multifamily (multiple residential unit) residential use.

6. The existing parcel of land or site is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the California Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the California Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the California Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the California Health and Safety Code).

I. For a site within a neighborhood plan area (as defined in California Government Code Section 65912.101(p)), the neighborhood plan applicable to the site permitted multifamily housing (multiple residential unit development) on the site.

J. For a vacant site, the site satisfies both of the following:

23.17.330 Objective development requirements.

A qualifying development project shall comply with all of the following objective development requirements as determined by the Zoning Administrator through ministerial approval of a minor design review.

A. The development is a multifamily (multiple residential unit) development.

B. The residential density for the development, prior to the award of any eligible density bonus pursuant to Section 65915 of the California Government Code, shall be determined as follows:

1. The allowable residential density for the development shall be the greater of the following:

a. The maximum allowable residential density, as defined in Section 65915(o)(6) of the California Government Code, allowed on the site as provided by the subject site zoning.

b. For sites of less than one (1) acre in size, thirty (30) units per acre.

c. For sites greater than one (1) acre:

i. Forty (40) units per acre, if the width of the public right-of-way of the commercial corridor adjoining the primary frontage is less than one hundred (100' 0") feet wide.

ii. Sixty (60) units per acre, if the width of the public right-of-way of the commercial corridor adjoining the primary frontage is one hundred (100' 0") feet or more wide.

d. For sites within a very low vehicle travel area, as that term is defined in subdivision (h) of Section 65589.5 of the California Government Code, or within one-half (1/2) mile of a major transit stop, as that term is defined in subdivision (b) of Section 21155 of the California Public Resources Code, eighty (80) units per acre.

2. For a housing development project application that has been determined to be consistent with the objective planning standards specified in this article, pursuant to Section 65912.124(a) of the California Government Code, before January 1, 2027, the development project shall be developed at a density as follows:

a. Except as provided in subsection (B)(2)(b) of this section, fifty (50%) percent or greater of the applicable allowable residential density contained in subsection (B)(1) of this section, as applicable.

b. For a site within one-half (1/2) mile of an existing passenger rail or bus rapid transit station, seventy-five (75%) percent or greater of the applicable allowable residential density contained in subsection (B)(1) of this section, as applicable.

3. For a housing development project application that has been determined to be consistent with the objective planning standards specified in this article, pursuant to Section 65912.124(a) of the California Government Code, on or after January 1, 2027, the development project shall be developed at a density that is seventy-five (75%) percent or greater of the applicable allowable residential density contained in subsection (B)(1) of this section, as applicable.

4. Notwithstanding subsection (B)(1) of this section, a development project shall not be subject to any density limitation if the development project is a conversion of existing buildings into residential use, unless the development project includes additional new square footage that is more than twenty (20%) percent of the overall square footage of the project.

C. None of the housing/residential use on the site is located within five hundred (500' 0") feet of a freeway, as defined in Section 332 of the California Vehicle Code.

D. None of the housing/residential use on the site is located within three thousand two hundred (3,200' 0") feet of a facility that actively extracts or refines oil or natural gas.

E. The height limit applicable to the development project shall be the greater of the following:

1. The height allowed on the site as provided by the subject site zoning.

2. For sites where the primary frontage abuts a public right-of-way of less than one hundred (100' 0") feet, thirty-five (35' 0") feet.

3. For sites where the primary frontage abuts a public right-of-way of at least one hundred (100' 0") feet, forty-five (45' 0") feet.

4. Notwithstanding the above, if the site is within one-half (1/2) mile of a major transit stop, as that term is defined in Section 21155(b) of the California Public Resources Code, sixty-five (65' 0") feet.

F. The required setbacks applicable to the development project shall be as follows:

1. For the portion of the property that fronts a commercial corridor, the following shall occur:

a. No setbacks shall be required.

b. All parking must be set back at least twenty five (25' 0") feet.

c. On the ground floor, a building or buildings must abut within ten (10' 0") feet of the street for at least eighty (80%) percent of the frontage.

2. For the portion of the property that abuts an adjoining property that also abuts the same commercial corridor as the property, no setbacks are required unless the adjoining property contains a residential use that was constructed prior to the enactment of this article, in which case the requirements of subsection (F)(3)(a) of this section apply.

3. For the portion of the property line that does not abut or lie within a commercial corridor, or an adjoining property that also abuts the same commercial corridor as the property, the following shall occur:

a. Along property lines that abut a property that contains a residential use, the following shall occur:

i. The ground floor of the development project shall be set back at ten (10' 0") feet.

ii. Starting with the second (2nd) floor of the property, each subsequent floor of the development project shall be stepped back in an amount equal to seven (7' 0") feet multiplied by the floor number. For purposes of this subsection, the ground floor counts as the first (1st) floor.

b. Along property lines that abut a property that does not contain a residential use, the development shall be set back fifteen (15' 0") feet.

4. For a development project at a regional mall, all of the following requirements apply:

a. The average size of a block shall not exceed three (3) acres. For purposes of this subsection, a “block” means an area fully surrounded by streets, pedestrian paths, or a combination of streets and pedestrian paths that are each at least forty (40' 0") feet in width.

b. At least five (5%) percent of the site shall be dedicated to open space.

c. For the portion of the property that fronts a street that is newly created by the project and is not a commercial corridor, a building shall abut within ten (10' 0") feet of the street for at least sixty (60%) percent of the frontage.

G. Parking.

1. No off-street vehicle parking shall be required, except for accessible parking and electric vehicle supply equipment installed parking spaces required pursuant to the building code and this title.

2. Bicycle parking shall be provided pursuant to the requirements of EGMC Section 23.58.100 (Bicycle parking required), based upon the number of off-street parking spaces that would have been required had the development project not qualified for the streamlining provided by this article.

H. For any housing on the site located within five hundred (500' 0") feet of a freeway, all of the following shall apply:

1. The building shall have a centralized heating, ventilation, and air-conditioning system.

2. The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway.

3. The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value of sixteen (16).

4. The air filtration media shall be replaced at the manufacturer’s designated interval.

5. The building shall not have any balconies facing the freeway.

I. Other Objective Development Standards Applicable.

1. Except as otherwise required in this article, the development shall meet all other applicable objective zoning standards, objective subdivision standards, and objective design review standards, including but not limited to setbacks, height, landscaping, parking, building articulation and fenestration, and other applicable objective development standards as provided by this code and any applicable design guidelines. The objective standards shall not preclude a project from being built at the residential density required pursuant to subsection (B) of this section and shall not require the development to reduce unit size to meet the objective standards.

2. The applicable objective standards for the development project shall be those for the closest zone in the City that allows multifamily residential use at the residential density proposed by the project. If no zone exists that allows the residential density proposed by the project, the applicable objective standards shall be those for the zone that allows the greatest density within the City.

3. Notwithstanding EGMC Section 23.04.060 (Effect of zoning code changes on pending applications), the applicable objective standards shall be those in effect at the time that the development application is submitted to the City pursuant to this article. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.340 Procedures.

A. If the City determines that a proposed development project submitted pursuant to this article is consistent with requirements of EGMC Sections 23.17.320 and 23.17.330, it shall approve the project.

B. If the City determines a proposed development project submitted pursuant to this article is in conflict with any of the requirements of EGMC Section 23.17.330, it shall provide the applicant with written documentation of which standard(s) the project conflicts with, along with an explanation for the reason(s) the project conflicts with the standard(s), within the following timeframes, or as otherwise provided under Section 65589.5 of the California Government Code:

1. Within sixty (60) days of the initial submittal of the project to the City for projects containing one hundred fifty (150) or fewer units.

2. Within ninety (90) days of the initial submittal of the project to the City for projects containing more than one hundred fifty (150) units.

3. Within thirty (30) days of the submittal of any project resubmittal that was submitted to address written feedback provided by the City pursuant to subsection (B)(1) or (B)(2) of this section.

C. Once the City determines that a project submitted pursuant to this article is consistent with the objective planning standards specified in this article, the minor design review required for the project pursuant to EGMC Section 23.17.310, along with any density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to EGMC Chapter 23.50 and Section 65915 of the California Government Code, shall be completed within the following timeframes:

1. Within sixty (60) days of the date that the development is determined to be consistent with the objective planning standards specified in this article for development projects that contain one hundred fifty (150) or fewer units.

2. Within ninety (90) days of the date that the development is determined to be consistent with the objective planning standards specified in this article for development projects that contain more than one hundred fifty (150) units.

D. Prior to the issuance of the first building permit for the qualifying housing development, the developer shall record a regulatory agreement, in a form to the satisfaction of the City, providing for the continued affordability of the units as provided in this article.

Article V. Middle Class Housing Projects

23.17.400 Purpose and qualifying housing developments.

A. The purpose of this article is to implement the provisions of Section 65852.24 of the California Government Code. This article shall only apply to those qualifying housing developments meeting the requirements of Section 65852.24 of the California Government Code.

B. The provisions of this article shall only apply to a qualifying development that meets all of the following:

1. The development project is a housing development that consists of residential units exclusively or is a mixed-use development consisting of residential and nonresidential retail commercial or office uses, and at least fifty (50%) percent of the square footage of the new construction associated with the project is designated for residential use. None of the square footage of any such development shall be designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel as that term is defined in Section 50519 of the California Health and Safety Code.

2. The project complies with all of the labor standards provided in Sections 65852.24(b)(8) and (b)(9) of the California Government Code, as may be amended from time to time.

3. The project complies with all notifications and relocation assistance required by Section 65852.24(c) of the California Government Code. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.410 Applicable entitlements.

A. Qualifying housing developments shall be allowed by right. No conditional or minor conditional use permit shall be required.

B. A qualifying housing development shall be subject to approval of a minor design review by the Zoning Administrator, subject to the objective development regulations applicable by this article.

23.17.420 Site requirements.

A qualifying development project shall only be subject to the provisions of this article if the subject site complies with all of the following criteria:

A. The site is located in any zoning district where office, retail, or parking are a principally permitted use.

B. The site is a legal lot.

C. The project site is twenty (20) acres or less, unless the site is a regional mall, as defined in California Government Code Section 65912.101(r), in which case the site is not greater than one hundred (100) acres.

D. The site is not, nor is it adjoined to any site, where more than one-third (1/3) of the square footage of the site is dedicated to industrial use, as such term is defined in Section 65852.24(b)(6)(B)(iii) of the California Government Code. Parcels that are only separated by a street or highway (as that term is defined in Section 360 of the California Vehicle Code) shall be considered to be adjoined.

E. The qualifying development is consistent with any applicable and approved sustainable community strategy or alternative plan, as described in Section 65080 of the California Government Code. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.430 Objective development requirements.

A qualifying development project shall comply with all of the following objective development requirements as determined by the Zoning Administrator through a minor design review.

A. The minimum residential density of the development shall be thirty (30) units per acre.

B. The development shall comply with the development standards for the RD-40 zone, or the standards of the zoning district applied to the nearest property to the site that allows for the minimum density required in subsection (A) of this section.

C. Any rental of any residential unit created by this article shall be for a term longer than thirty (30) days. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.440 Procedures.

A. A development project qualifying for the provisions of this Article shall be subject to the permit processing procedures for other minor design review applications as provided in EGMC Chapters 23.14 and 23.16.

B. A project subject to the provisions of this article shall not be eligible for the streamlining provided in Article II of this chapter if it meets either of the following conditions:

1. The project site has previously been developed pursuant to Article II with a project of ten (10) units or fewer.

2. The developer of the project or any person acting in concert with the developer has previously proposed a project pursuant to Article II of ten (10) units or fewer on the same or an adjacent site. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

Article VI. Adaptive Reuse Projects

23.17.500 Purpose and qualifying housing developments.

A. The purpose of this article is to implement the provisions of Section 65913.12 of the California Government Code. This article shall only apply to those qualifying housing developments meeting the requirements of Section 65913.12 of the California Government Code.

B. The provisions of this article shall only apply to a qualifying development that meets all of the following:

1. The development is an extremely affordable adaptive reuse project. An extremely affordable adaptive reuse project means a project that meets the following criteria:

a. The development is a multifamily housing development project.

b. The development involves the retrofitting and repurposing of a residential building or commercial building that currently allows temporary dwelling or occupancy, to create new residential units.

c. The development will be entirely within the envelope of the existing building.

d. The development meets all of the following affordability criteria:

i. One hundred (100%) percent of the units within the development project, excluding managers’ units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the California Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.

ii. At least fifty (50%) percent of the units within the development project shall be dedicated to very low-income households at an affordable housing cost, as defined by Section 50052.5 of the California Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.

iii. The units shall be subject to a recorded deed restriction for a period of fifty-five (55) years for rental units and forty-five (45) years for owner-occupied units.

2. The development is proposed to be located on a site that is an infill parcel. An infill parcel is defined as meeting either of the following criteria:

a. At least seventy-five (75%) percent of the perimeter of the site of the development adjoins parcels that are developed with urban uses. For the purposes of this subsection, parcels that are separated by a street or highway shall be considered adjoined.

b. The parcel is within one-half (1/2) mile of public transit. Public transit means a major transit stop as defined in Section 21064.3 of the Public Resources Code.

3. The development is not proposed to be located on a site or adjoined to any site where more than one-third (1/3) of the square footage on the site is dedicated to industrial use. For purposes of this subsection, parcels only separated by a street or highway shall be considered adjoined.

4. The development does not eliminate any existing open space on the parcel.

5. For developments of fifty (50) units or more, the development shall provide on-site management services. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.510 Applicable entitlements.

A. Qualifying housing developments shall be allowed by right. No conditional or minor conditional use permit shall be required.

B. To the extent that the qualifying housing development requires approval of any design review or other permits or entitlements required under EGMC Chapter 23.16, including but not limited to design review, the qualifying housing development shall be subject to those requirements.

23.17.520 Objective development requirements.

A qualifying development project shall comply with all applicable objective development requirements as determined by the designated approving authority through design review as required by this title and the Citywide Design Guidelines; provided, however, such project is not required to cure any preexisting deficit or conflict with any of the following standards: maximum density, floor area ratio, parking, or open space. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.530 Procedures.

Should the City determine that the qualifying development project conflicts with any of the objective planning standards specified in or an objective design review standard imposed pursuant to EGMC Section 23.17.520, it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:

A. Within sixty (60) days of submittal of the completed proposal for the development project to the local agency if the development contains one hundred fifty (150) or fewer housing units.

B. Within ninety (90) days of submittal of the completed proposal for the development project to the local agency if the development contains more than one hundred fifty (150) housing units. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

Article VII. Affordable Housing on Faith and Higher Education Lands

23.17.600 Purpose and qualifying housing developments.

A. The purpose of this article is to implement the provisions of Section 65913.16 of the California Government Code. This article shall only apply to those qualifying housing developments meeting the requirements of Section 65913.16 of the California Government Code.

B. The provisions of this article shall only apply to a qualifying housing development. As used in this Article VII, the term “qualifying housing development” means a multifamily residential (multiple residential unit) development that meets the requirements set forth in this Article VII and Section 65913.16 of the California Government Code. Qualifying housing developments shall comply with the following:

1. One hundred (100%) percent of the qualifying development project’s total units, exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the California Health and Safety Code, except that up to twenty (20%) percent of the total units in the qualifying development may be for moderate-income households, as defined in Section 50053 of the California Health and Safety Code, and five (5%) percent of the units may be for staff of the independent institution of higher education or religious institution that owns the land. Units in the development shall be offered at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. The rent or sales price for a moderate-income unit shall be affordable and shall not exceed thirty (30%) percent of income for a moderate-income household or homebuyer for a unit of similar size and bedroom count in the same ZIP Code in the City in which the housing development is located. The applicant shall provide the City with evidence to establish that the units meet the requirements of this subsection.

2. The units shall be subject to a recorded deed restriction for a minimum period of fifty-five (55) years for rental units and forty-five (45) years for owner-occupied units.

3. The project complies with all of the labor standards provided in Section 65913.16 of the California Government Code, as may be amended from time to time.

C. Notwithstanding subsection (B) of this section, a qualifying housing development may also include the following ancillary uses, provided those uses are limited to the ground floor of the development:

1. In the AR-10 through AR-1 and RD-1 through RD-18 zoning districts, ancillary uses shall be limited to childcare centers and facilities operated by community-based organizations for the provision of recreational, social, or educational services for use by the residents of the development and members of the local community in which the development is located.

2. In all other zones, the development may include commercial uses that are permitted without a conditional use permit.

D. Notwithstanding any other provision of this article, a qualifying development project includes any religious institutional use, or any use that was previously existing and legally permitted by the City or County on the site, if all of the following criteria are met:

1. The total square footage of nonresidential space on the site does not exceed the amount previously existing or permitted in a conditional use permit.

2. The total parking requirement for nonresidential space on the site does not exceed the lesser of the amount existing or of the amount required by a conditional use permit.

3. The new uses abide by the same operational conditions as contained in the previous conditional use permit. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.610 Applicable entitlements and procedures.

A. Qualifying housing developments shall be allowed by right. No conditional or minor conditional use permit or other discretionary review shall be required.

23.17.620 Site requirements.

A qualifying housing development shall only be subject to the streamlined review process provided by this article if the subject site complies with all of the following criteria:

A. The qualifying housing development is located on land owned on or before January 1, 2024, by an independent institution of higher education or a religious institution, including ownership through an affiliated or associated nonprofit public benefit corporation organized pursuant to the Nonprofit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the California Corporations Code).

B. The site is a legal parcel or parcels and at least seventy-five (75%) percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoining.

C. The site is not limited by any of the conditions prohibited under EGMC Section 23.30.110(C)(1).

D. The site is not located on a site where any of the following apply:

1. The development would require the demolition of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control by the City.

c. Housing that has been occupied by tenants within the past ten (10) years.

2. The site was previously used for housing that was occupied by tenants that was demolished within ten (10) years before submittal of the subject project.

3. The project would require the demolition of a historic structure that was placed on a national, State, or local historic register.

4. The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.

E. The development is not adjoined to any site where more than one-third (1/3) of the square footage on the site is dedicated to light industrial use. For purposes of this subsection, parcels separated by only a street or highway shall be considered to be adjoined. For purposes of this subsection, a property is “dedicated to light industrial use” if all of the following requirements are met:

1. The square footage is currently being put to a light industrial use. “Light industrial use” means a use that is not subject to permitting by the local air district.

2. The most recently permitted use of the square footage is a light industrial use.

3. The City’s General Plan designates the property for light industrial use.

F. The housing units on the development site are not located within one thousand two hundred feet (1,200' 0") feet of a site that is either currently developed with or the most recent permitted use was a heavy industrial use. “Heavy industrial use” means a use that is a source, other than a Title V source, as defined by Section 39053.5 of the California Health and Safety Code, that is subject to permitting by a district, as defined in Section 39025 of the California Health and Safety Code, pursuant to Division 26 (commencing with Section 39000) of the California Health and Safety Code or the Federal Clean Air Act (42 U.S.C. Section 7401 et seq.). A use where the only source permitted by a district is an emergency backup generator, and the source is in compliance with permitted emissions and operating limits, is not a heavy industrial use.

G. Except as provided in subsection (H) of this section, the housing units on the development site are not located within one thousand six hundred (1,600' 0") feet of a site that is either a Title V industrial use or a site where the most recent permitted use was a Title V use, as that use is described in subsection (F) of this section.

H. For a site where multifamily housing is not an existing permitted use, the housing units on the development site are not located within three thousand two hundred (3,200' 0") feet of a facility that actively extracts or refines oil or natural gas. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.630 Objective development requirements.

A qualifying housing development shall comply with all of the following objective development requirements as determined by the Community Development Director through Zoning Clearance/Plan Check.

A. The development project complies with all objective development standards of the City that are not in conflict with this article.

B. If the housing development project requires the demolition of existing residential dwelling units, or is located on a site where residential dwelling units have been demolished within the last five (5) years, the applicant shall comply with Section 66300(d) of the California Government Code.

C. The qualifying housing development shall comply with the following allowed density:

1. If the project site is within a residential zoning district, the development project shall be allowed a density of twenty (20) units per acre or the maximum allowed density in the underlying zoning district or that of an adjoining property, whichever is greater.

2. If the project is not within a residential zoning district, the maximum allowed density shall be forty (40) units per acre, except that if the adjoining property allows for a greater density, then that density shall be allowed.

D. The maximum allowed height shall be as follows:

1. In residential zoning districts up to and including the RD-15 zone, the maximum allowed height is one (1) story, or twelve (12' 0") feet, more than the maximum height allowed by the underlying zoning designation of the site.

2. In all other residential districts, the maximum allowed height is that provided in the underlying zoning district.

3. In nonresidential districts, the maximum allowed height is one (1) story, or twelve (12' 0") feet, more than the maximum height allowed by the underlying zoning designation of the site, except that if the adjoining property allows for a greater height, then that height shall be allowed.

E. A development proposed pursuant to this article shall be eligible for a density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to EGMC Chapter 23.50 and Section 65915 of the California Government Code, as may be amended from time to time, except that a qualifying development project developed in a nonresidential zoning district which utilized the allowed density and height of an adjoining residential property shall not be eligible for an incentive, waiver, or concession to increase the height of the development to greater than the height authorized under this article.

F. The proposed development shall provide off-street parking of up to one (1) space per unit, except that no parking shall be require if the site is within one-half (1/2) mile walking distance of public transit (either a high-quality transit corridor or a major transit stop as defined in Section 21155(b) of the California Public Resources Code) or a car share vehicle is located within one (1) block of the site. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.640 Procedures.

A. If the City determines that a proposed development project submitted pursuant to this article is consistent with requirements of EGMC Sections 23.17.620 and 23.17.630, it shall approve the project.

B. If the City determines a proposed development project submitted pursuant to this article is in conflict with any of the requirements of EGMC Section 23.17.630, it shall provide the applicant with written documentation of which standard(s) the project conflicts with, along with an explanation for the reason(s) the project conflicts with the standard(s), within the following timeframes, or as otherwise provided under Section 65913.16 of the California Government Code:

1. Within sixty (60) days of the initial submittal of the project to the City for projects containing one hundred fifty (150) or fewer units.

2. Within ninety (90) days of the initial submittal of the project to the City for projects containing more than one hundred fifty (150) units.

C. The minor design review required for the project pursuant to EGMC Section 23.17.610, along with any density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to EGMC Chapter 23.50 and Section 65915 of the California Government Code, shall be completed within the following timeframes:

1. Within ninety (90) days of submittal of the development proposal to the City for development projects that contain one hundred fifty (150) or fewer units.

2. Within one hundred eighty (180) days of submittal of the development proposal to the City for development projects that contain more than one hundred fifty (150) units.

D. Approval of a qualifying development pursuant to this article shall, notwithstanding any other law, be subject to the expiration timeframes specified in Section 65913.4(f) of the California Government Code. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

Article VIII. Urban Subdivision Housing Projects

23.17.700 Purpose and qualifying housing developments.

The purpose of this article is to implement the provisions of Sections 65852.28 and 66499.41 of the California Government Code. This article shall only apply the construction of qualifying housing developments on a lot subdivided pursuant to the provisions of EGMC Section 22.16.120 (Urban subdivisions). [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.710 Objective development requirements.

A qualifying housing development shall comply with the requirements of EGMC Section 22.16.120 (Urban subdivisions) in the creation of the underlying lot upon which the development is proposed, and with the development standards of Article III of EGMC Chapter 23.30 (Urban Subdivision Housing Projects). [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]

23.17.720 Procedures.

A. A qualifying housing development shall only be subject to the provisions of zoning clearance/plan check by the Community Development Director as provided in EGMC Section 23.16.020. No design review or other quasi-judicial permit or entitlement shall be required.

B. The City shall approve or deny the application for a qualifying housing development within sixty (60) days from the date the City receives a complete application. If the City denies the application within the sixty (60) days, it shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.

C. The City may disapprove a qualifying housing development that otherwise meets the objective development requirements if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Section 65589.5(d)(2) of the California Government Code, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025]