(A) Application. An applicant for an urban development unit or units or an urban lot split shall submit an application on a form prepared by the city, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.
(B) Review. Consistent with state law, the director will consider and approve or disapprove a complete application for an urban development unit or units or an urban lot split ministerially, without discretionary review or public hearing.
(C) Nonconforming conditions. An urban development unit application may only be approved if all nonconforming zoning conditions are first corrected prior to such approval. The correction of nonconforming zoning conditions is not a requirement for ministerial approval of an urban lot split.
(D) Effectiveness of approval. The ministerial approval of an urban development unit or units or an urban lot split does not take effect until the city has confirmed that all required documents have been recorded.
(E) Hold harmless. Approval of an urban development unit or units or an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify, and hold harmless the city, its officers, agents, employees, and/or consultants from all claims and damages (including attorney’s fees) related to the approval and its subject matter.
(F) Specific, adverse impacts. Notwithstanding anything else in this section, the director may deny an application for an urban development unit or units or an urban lot split if the Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a specific, adverse impact, as defined and determined in Cal. Gov’t Code § 65589.5.
(G) On either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(Ord. 1503, passed 7-5-23)