A housing development, including a mixed-use project, is eligible for streamlined ministerial review if it:
(A) Qualifies for streamlined ministerial approval under Cal. Gov't Code § 65913.4; and
(B) Is a multi-family housing development that contains two or more units on an infill site that is zoned for residential use or residential mixed use;
(C) Is not located on a site with wetlands or a site that contains habitat for protected species or land that has been identified for conservation in a natural community conservation plan or habitat conservation plan adopted by the town;
(D) Is not located on a site with areas of special flood hazards which are established by Chapter 17.068, Floodplains unless the development has received a no-rise certification in accord with § 60.3(d)(3) of Title 44 or the Code of Federal Regulations and all requirements of Chapter 17.068 have been met;
(E) Is not located within a delineated earthquake fault zone shown on maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission as modified by the town's building code.
(F) Is not located within a high or very high fire hazard severity zone, as determined by the California Department of Forestry and Fire Protection unless the site has been excluded from the specified hazard zones by the town and will be subject to fire mitigation measures to protect the development.
(G) Is not on land subject to a conservation easement;
(H) Is not located on a site that would require the demolition of the following types of housing:
(1) 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.
(2) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(3) Housing that has been occupied by tenants within the past ten years.
(4) Housing that is 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.
(I) Is on a site previously used for housing that was occupied by tenants that was demolished within the preceding ten years;
(J) Does not require the demolition of a historic structure that was placed on a national, state, or local historic register;
(K) Does not require an exception, modification or any other discretionary entitlement;
(L) Complies with the town's objective zoning standards, objective subdivision standards, and objective design standards, excluding any additional density or other concessions, incentives, or waivers of standards requested under Chapter 17.050, Affordable Housing Density Bonus.
(Ord. 885, passed 11-1-2023)