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(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)
(A) The Review Authority shall identify the specific objective standard(s) that the project does not comply with and provide an explanation of the reason(s) why the housing development is considered to be inconsistent or non-compliant with identified provisions and shall provide the written determination to the applicant.
(B) A housing development is considered in compliance with this title, and shall not require a zoning map amendment, if the housing development complies with objective general plan standards and land use designations, but the zoning for the housing development site is inconsistent with the general plan.
(C) If a housing development complies with all of the applicable objective zoning, design, and subdivision standards, the town shall not conduct more than five public hearings (including continuances), workshops, study sessions, or similar meetings after the full application is deemed complete in connection with the approval of the housing development. This limitation is established by Cal. Gov't. Code § 65905.5. Meetings required by CEQA are exempt from the limit.
(Ord. 885, passed 11-1-2023)
(A) If the proposed housing development complies with applicable objective general plan, zoning, design and subdivision standards, the Planning Commission may only deny the housing development or conditionally approve the housing development at a lower density if it makes written findings supported by a preponderance of the evidence in the record that:
(1) The housing development would have a specific, adverse impact upon the public health or safety unless the housing development is denied or conditionally approved at a lower density. A “specific, adverse impact” means a “significant, quantifiable, direct, and unavoidable impact, based on identified written public health or safety standards, policies, or conditions as they existed on the date that the project was deemed complete”; and
(2) There is no feasible method to satisfactorily mitigate or avoid the adverse impact other than the denial of the housing development or conditional approval of the housing development at a lower density.
(B) If the housing development includes 20 percent of units affordable to very low or low-income households, 100 percent of units affordable or
moderate- or middle-income households, or an emergency shelter, the Planning Commission shall approve the housing development unless the Commission makes written findings supported by a preponderance of the evidence in the record, as to at least one of the findings in Cal. Gov't. Code § 65589.5(d).
(C) The Planning Director shall approve or deny the housing development within the applicable time periods established in Cal. Gov't. Code § 65950 and related sections.
(Ord. 885, passed 11-1-2023)