(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)