20.195.330

A. Environmental. The California Environmental Quality Act (CEQA) does not apply to Ministerial Approvals, as they are statutorily exempt pursuant to Government Code Section 15268, as may be amended. Ministerial Approvals complying with the requirements of this Chapter are not subject to CEQA. B. General. An application for Local Streamlined Ministerial Approval shall be acted upon by the Director. C. Conditions for Approval. Before approving an application for Local Streamlined Ministerial Approval, the Director must make the following findings based on evidence in the record, as applicable, that: 1. The housing development project is eligible for Ministerial Approval. 2. 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. Conditions for Denial. The Director may deny an application for Local Streamlined Ministerial Approval if: 1. The findings required by Subsection C above, as applicable, cannot be made. 2. Doing so would be contrary to state and federal law, and this finding is made in writing. 3. The development would have a specific, adverse impact upon public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. E. Nothing in this Chapter 20.195 limits the City's right to deny an affordable housing project under Government Code Section 65589.5. F. Permit Conditions. 1. Term. Local Streamlined Ministerial Approvals shall automatically expire after four (4) years from and after the date of issuance of the Local Streamlined Ministerial Approval if within such four (4)-year period the vertical construction of buildings has not commenced, pursuant to and in accordance with the provisions of the Local Streamlined Ministerial Approval. a. The Director may issue a one-time, one-year extension of a Local Streamlined Ministerial Approval if a complete building permit application for the project approved under the Local Ministerial Approval has been submitted. b. The application for an extension must be filed on the form provided by the Director on or before the date that is three (3) business days prior to the expiration of the development permit proposed for extension and accompanied by the fees as set forth in the schedule of fees adopted by resolution of the City Council. c. The decision to grant, deny, or condition an extension is a ministerial determination. 2. Conditions. Following approval of an application under the Local 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. Extension of construction hours are allowed through a Permit Amendment or Permit Adjustment. 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. 11. All projects under this ministerial ordinance will be required to conduct Worker Environmental Awareness Program training for construction workers. 12. Any sites located in an archaeologically sensitive area, as mapped by the General Plan, will be required to have archaeological and Tribal monitoring during ground disturbance activities such as tree removal, demolition, and grading, and Tribes that requested consultation shall be notified of any findings made on the project site. G. Environmental Standard Permit Conditions. Projects subject to a ministerial review process shall be subject to the City's standard environmental permit conditions adopted by City Council. (Ord. 31298 .)