18.77.074    Ministerial and By Right Review Process
   (a)   Purpose and Applicability
      (1)   This section is intended to define a streamlined, ministerial review process for qualifying Housing Development Projects that are submitted pursuant to streamlining provisions in AB 2162 (2018), AB 1397 (2017), and SB 35 (2017). This section shall apply to multi-family residential projects that are subject to ministerial review or defined as a “use by right” in state law, including, but not limited to, Government Code sections 65651, 65583, 65583.2, and 65913.4. This section does not apply to the creation of an accessory dwelling unit and/or junior accessory dwelling unit.
      (2)   The review required by this section shall not involve the exercise of discretion in a manner that would constitute a “project” for purposes of the California Environmental Quality Act (CEQA). This section does not, however, excuse a project involving a subdivision from compliance with Title 21 and the subdivision map processes set forth therein, which may result in a “project” for purposes of CEQA.
   (b)   Staff Level Review.
      Applications under this section shall be reviewed by city staff for compliance with applicable objective standards in the city’s Comprehensive Plan, Specific Plans, Area Plans, Municipal Code, and other rules and regulations. A decision on the application shall be made by the Planning Director within any timeframes dictated by applicable state law.
   (c)   Public Study Session.
      Prior to preparing a written decision, the Director may, in his or her sole discretion, refer the application to the Architectural Review Board or to other advisory boards or commissions for informal review. The recommendations of such boards and commissions shall not be binding.
   (d)   Public notices.
      Notice of a public meeting to consider the application shall be given at least seven days prior to the meeting by mailing to the applicant and all residents and owners of property within 600 feet of the project. Notice shall include the address of the property, a brief description of the proposed project, and the date and time of the hearing.
(Ord. 5615 § 6, 2024: Ord. 5613 § 6, 2024)