Section
17.027.010 Title
17.027.020 Purpose
17.027.030 Applicability
17.027.040 Definitions
17.027.050 Application filing
17.027.060 Review timeframes
17.027.070 Compliance determination
17.027.080 Findings and decision
17.027.090 Post-decision procedures
The purpose of this chapter is to specify how the town will implement streamlined review procedures and establish vested rights for qualifying housing developments, including mixed-use projects, pursuant to Senate Bill 330 (SB 330), the Housing Crisis Act of 2019.
(Ord. 885, passed 11-1-2023)
(A) This section applies to qualifying housing development projects as defined by Cal. Gov't Code § 65589.5(h)(2), including multi-family development, mixed use projects with at least two-thirds of the building area devoted to residential uses, and/or transitional and supportive housing.
(B) This section shall remain in effect for the same time period as provisions contained in the Cal. Gov't Code § 65589.5 (Housing Accountability Act). Any provisions that are not extended by the State Legislature shall be repealed as of the date those provisions in the Housing Accountability Act are deemed null and void.
(C) This section provides additional procedures that shall be followed for qualifying housing development projects. If conflicts occur between other permitting and approval procedures in this title and the procedures of this section, this section shall control.
(Ord. 885, passed 11-1-2023)
(A) To receive the vested rights and benefit from the streamlining established for SB 330 applications, the applicant may initiate the process by filing a preliminary application consistent with Government Code § 65941.1.
(1) A preliminary application shall be filed on the standardized form adopted by the California Department of Housing and Community Development unless the Planning Commission has adopted a form for use for SB330 applications.
(2) Within 180 calendar days after submitting a preliminary application, an applicant shall submit a full application for the housing development.
(B) An applicant may file a full application for a zoning permit for a qualifying housing development without filing a preliminary application. The full application shall be filed on a form provided by the Town of Fairfax accompanied by the required fee. Complete building permit applications for a qualifying housing project shall be submitted concurrently with the full application.
(C) Compliance review.
(1) Scope of review. housing development for which a preliminary application was submitted shall only be subject to the ordinances, policies, and objective standards adopted and in effect when the preliminary application is submitted, except in the following circumstances:
(a) A fee, charge, or other monetary exaction increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or monetary exaction.
(b) A preponderance of the evidence in the record establishes that subjecting the housing development to an ordinance, policy, or standard beyond those in effect when the preliminary application was submitted is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.
(c) Subjecting the housing development to an ordinance, policy, standard, or any other measure, beyond those in effect when the preliminary application was submitted is necessary to avoid or substantially lessen an impact consistent with the California Environmental Quality Act.
(d) The housing development has not commenced construction within 2.5 years following the date of the housing development's final approval (as defined in Cal. Gov't. Code § 65589.5(o)(1)(D)).
(e) The number of residential units or square footage of construction proposed changes by 20 percent or more, exclusive of any increase resulting from a density bonus, incentive, concession, waiver, or similar provision.
(2) When no preliminary application was submitted, a housing development shall be subject to objective standards in effect when the full application was deemed complete.
(Ord. 885, passed 11-1-2023)
(A) Full applications for housing development containing 150 or fewer units shall be reviewed for compliance with applicable objective standards within 30 calendar days of being deemed complete.
(B) Full applications for housing development containing more than 150 units shall be reviewed for compliance with applicable objective standards within 60 calendar days of being deemed complete.
(C) The Planning Director shall be the Review Authority consistent with the Town of Fairfax's permitting procedures for the full application.
(Ord. 885, passed 11-1-2023)
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