17.860.020   Infill housing projects eligible for streamlined, ministerial approval process under Government Code section 65913.4 (otherwise known as SB 35 projects).
   A.   Administrative permit. A housing project, including a mixed-use project, will be granted an administrative permit if it
      1.   Qualifies for streamlined, ministerial approval under California Government Code section 65913.4;
      2.   Complies with the city's objective zoning standards and objective subdivision standards, as defined in California Government Code section 65913.4 and set forth in this code; and
      3.   Complies with the city's objective design review standards, as defined in California Government Code section 65913.4 and as set forth in the Citywide Infill Housing Design Standards.
   B.   Conflicting laws. In the case of a conflict between the city's standards set forth in subsection A above and the standards set forth in California Government Code section 65913.4, the provisions of the California Government Code prevail.
   C.   Notification of compliance with the standards. If the city determines a project submitted under this section conflicts with any of the requirements set forth in subsection A above, it shall inform the applicant, in writing, of the requirement or requirements the project conflicts with, along with an explanation of all conflicts, in the following timeframes:
      1.   Within 60 days of submittal of the application if the project contains 150 or fewer dwelling units; or
      2.   Within 90 days of submittal of the application if the project contains more than 150 dwelling units.
   D.   Deemed approval. If the city does not provide written notice as required by subsection C above, the project will be deemed to satisfy the requirements specified in subsection A above and must be granted an administrative permit.
   E.   Establishment and expiration of the permit. Section 17.808.470 governs the establishment and expiration of an administrative permit granted under this section, except when that section conflicts with subdivision (f) of California Government Code section 65913.4, in which case the provisions of the California Government Code prevail. (Ord. 2024-0017 § 70; Ord. 2021-0024 § 43; Ord. 2020-0031 § 4)