20.195.220

A. Application Received. No application for State Streamlined Ministerial Approval shall be deemed received until the following have been provided: 1. All fees for the application as set forth in the schedule of fees established by resolution of the City Council have been paid. No fee shall be deemed received until any negotiable instrument has been cleared and funds deposited in the City's account. 2. All documents specified in this Chapter and the application form have been filed with the following information (in addition to Part 4 Specific Requirements, as applicable): a. A brief description of the proposed housing development project. b. The current zoning district(s), general plan land use designation(s), and assessor's parcel number(s) of the project Site. c. A vicinity map and a Site plan, drawn to scale, including building footprints, driveway, and parking layout. d. Indication if the Applicant also seeks a density bonus, incentive, waiver, or modification. e. Level of affordability of any Restricted Affordable Units and proposed method to ensure affordability. f. As applicable under state law, if the applicant submits an application under the provisions of the state streamlined ministerial approval process and the project is not entirely a public work, as defined in Government Code Section 65913.4, certification that the project will pay prevailing wages; if the project meets conditions specified in the process, certification that the project will employ a skilled and trained workforce. B. Approval Process. An application for State Streamlined Ministerial Approval shall be acted upon by the Director. 1. Conditions for Approval. Before approving an application for Ministerial Approval, the Director must make the following findings based on evidence in the record: a. The housing development project is eligible for Ministerial Approval, b. Requirements pursuant to applicable state housing laws have been or will be met; and c. If the application includes a request for a density bonus, incentive, waiver, or modification under Chapter 20.190 , a finding that all the requirements for a density bonus and/or other incentives that are specified in Chapter 20.190 have been or will be met. d. Conformance with Citywide Design Standards and applicable objective development standards. 2. Conditions for Denial. The Director may deny an application for Ministerial Approval if: a. The findings required by Subsection B.1. above, as applicable, cannot be made. b. Doing so would be contrary to state and federal law, and this finding is made in writing. c. Nothing in this Chapter 20.195 limits the City's right to deny an affordable housing project under Government Code Section 65589.5. C. Environmental. The California Environmental Quality Act (CEQA) does not apply to Ministerial Approvals, as they are statutorily exempt pursuant to California Code of Regulations Section 15268, as may be amended. Ministerial Approvals complying with the requirements of this Chapter are not subject to CEQA. D. Permit Conditions. 1. Term. Unless otherwise required by state law, Ministerial Approvals shall automatically expire three (3) years from the date of the final action establishing that approval, unless otherwise provided in the approval, from and after the date of issuance of the Ministerial Approval, if within such three (3)-year period the proposed use of the site or vertical construction of buildings has not commenced, pursuant to and in accordance with the provisions of the Ministerial Approval. The duration of the approval may be extended as provided for in state law. 2. Conditions. Following approval of an application under the State Streamlined Ministerial Approval Process, but prior to issuance of a building permit for the development, the Director may require one-time changes to the development that are necessary to comply with the objective uniform construction codes (including, without limitation building, plumbing, electrical, fire, and grading codes), to comply with federal or state laws, or to mitigate a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without modifying the development. A "specific, adverse impact" has the meaning defined in Government Code Section 65589.5(d)(2). 3. Failure to install public improvements. It shall be a violation of this Title for any person who has signed the acceptance of a permit or approval issued pursuant to this Chapter to fail to secure the completion of the public improvements required by the permit or approval within the time period specified. If no time period is specified, the time period for completion of improvements shall be deemed to be one (1) year from the issuance of a building permit unless an extension has been granted in writing by the Director or, if no building permit is required, one (1) year from the issuance of the permit or approval. 4. Construction Clean-up. It shall be a violation of this Title for any person responsible for construction, including but not limited to the permit holder and any contractor thereof, to fail to keep the public right-of-way free from construction dirt and debris. All on-site construction debris shall be removed at least weekly. 5. Window Glazing. Unless otherwise indicated on an approved plan or in the approved permit, all first-floor, ground floor windows for any commercial use shall consist of transparent glass. 6. Maintenance of Landscape. It shall be a violation of this Title for any property owner or other person in control of any site to fail to install or maintain any landscaping required by a permit or approval issued pursuant to this Chapter or otherwise in a manner that fails to fully comply with the provisions of Chapters 15.10 or 15.11 of Title 15 of this Code. Any vegetation, required by a permit or approval, or otherwise by Chapters 15.10 or 15.11 of Title 15 of this Code, which is dead or dying, shall be replaced within sixty (60) days. 7. Hours of Construction within five hundred (500) feet of a residential unit. No applicant or agent of an applicant shall suffer or allow any construction activity on a site located within five hundred (500) feet of a residential unit before 7:00 a.m. or after 7:00 p.m., Monday through Friday, or at any time on weekends. 8. All projects approved under this Chapter 20.195 shall follow the stormwater management requirements listed in Sections 20.100.470 and 20.100.480 , as applicable. 9. Prior to the approval of the Tract or Parcel Map (if applicable) by the Director of Public Works, or the issuance of Building permits, whichever occurs first, all projects approved under this Chapter 20.195 shall satisfy all applicable Public Works clearance and Building Division clearance requirements. 10. All projects approved under this Chapter 20.195 shall, if required by the Zoning Ordinance, satisfy the performance standards of the applicable Zoning Districts. (Ord. 31298 .)