A. A housing project, including a mixed-use project, will be granted an administrative permit if it complies with all the following:
1. The project consists of duplex dwellings or multi-unit dwellings that include a total of not more than 200 dwelling units;
2. The project does not require a conditional use permit, variance, legislative change request, or any other discretionary entitlement or request under this title;
3. The project consists of infill, as defined in section 17.108.100;
4. At least two-thirds of the project's gross square footage is designated for residential use;
5. The design, layout, and physical characteristics of the project are consistent with, and do not deviate from, the city's development standards and design guidelines;
6. The project does not involve
a. The demolition of dwelling units occupied by one or more tenants in a multi-unit dwelling within one year prior to the time an application is submitted for approval under this chapter;
b. The demolition of dwelling units subject to an affordable housing regulatory agreement; or
c. A reduction in the total number of dwelling units on the site.
7. The project is consistent with the general plan and any applicable specific plan or transit village plan;
8. The project does not involve a historic or cultural resource; and
9. The project is not located
a. Within a planned unit development;
b. Within a historic district listed on the Sacramento register, the National Register of Historic Places, or the California Register of Historical Resources;
c. On or within 1,000 feet of an existing or former landfill;
d. On a site listed pursuant to California Government Code section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to California Health and Safety Code section 25356, unless the appropriate enforcement agency has cleared the site for residential use;
e. On a site regulated by the Mobilehome Residency Law (Cal. Civ. Code, § 798 et seq.), Recreational Vehicle Park Occupancy Law (Cal. Civ. Code, § 799.20 et seq.), Mobilehome Parks Act (Cal. Health & Saf. Code, § 18200 et seq.), or the Special Occupancy Parks Act (Cal. Health & Saf. Code, § 18860 et seq.);
f. On a site that contains habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), the California Endangered Species Act (Cal. Fish & G. Code, § 2050 et seq.), or the Native Plant Protection Act (Cal. Fish & G. Code, § 1900 et seq.);
g. On a site with wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);
h. On land identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Cal. Fish & G. Code, § 2800 et seq.), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan;
i. On land protected by a conservation easement; or
j. On a site known to contain archaeological resources, paleontological resources, tribal cultural resources, or human remains.
B. 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, the city 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.
C. No deemed approval. Failure to provide written notice within the timeframes in subsection B does not result in deemed approval. (Ord. 2020-0031 § 4)