HomeMy WebLinkAboutPC Packet 07-23-2019CITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
10350 Torre Avenue, Council Chamber
Tuesday, July 23, 2019
6:45 PM
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Draft Minutes of July 9, 2019
Recommended Action: approve or modify the Draft Minutes of July 9, 2019
Draft Minutes of July 9, 2019
POSTPONEMENTS
2.Subject: Item #6: Development Permit and an Architectural and Site Permit to allow
the construction of a collocatable personal wireless service facility consisting of 16 panel
antennas mounted on a 80' tall treepole, a base equipment station and an energy power
generator; a Height Exception to allow the installation of 12 panel antennas to be
mounted at a height of 65' on a proposed 80' foot tall treepole at the Cupertino Sports
Center. At the Applicant's request, this item has been postponed to a date uncertain
3.Subject: Item #7: General Plan Amendment to reflect that office uses are not permitted
within the Vallco Shopping District Special Area and remove the associated office
development allocation; General Plan Amendment to set height limits for the area, and
make other conforming/clarifying text edits to create density standards to permit up to
457 units with a minimum density of 29.7 units per acre (389 units) and a maximum
density of 35 units per acre on designated parcels totaling approximately 13.1 acres
within the Vallco Shopping District Special Area; Municipal Code Amendment to make
Zoning Ordinance text amendments implementing the General Plan Amendments;
Re-Zoning of certain parcels within the Vallco Shopping District Special Area from
General Commercial (CG) and Planned Development (P(R3, CG)). Application No(s).:
GPA-2019-01, GPA-2019-02, MCA-2019-02, Z-2019-01 (EA-2013-03); Applicant(s): City
of Cupertino; Location: 10101 to 101333 North Wolfe Road APN#s:316-20-080,
316-20-081, 316-20-103, 316-20-107, 316-20-101, 316-20-105, 316-20-106, 316-20-104,
316-20-088, 316-20-092, 316-20-094, 316-20-099, 316-20-100, 316-20-095. This item has
been postponed to a special meeting of the Planning Commission on July 30, 2019.
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Planning Commission Agenda July 23, 2019
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the
Commission from making any decisions with respect to a matter not on the agenda .
WRITTEN COMMUNICATIONS
CONSENT CALENDAR
STUDY SESSION
4.Subject: Presentation on Green Stormwater Infrastructure (GSI) and the City’s
Municipal Regional Permit (MRP) requirement to consider future adoption of a
long-term GSI Plan.
Recommended Action: receive presentation and provide any input to Staff
Staff Report
1 - GSI Work Plan dated April 18, 2017.pdf
2 - Presentation slides
5.Subject: Study Session regarding Application and Review Procedures for Projects
Proposed Pursuant to Senate Bill 35. (Application No(s): CP-2019-04; Applicant(s): City
of Cupertino; Location: citywide)
Recommended Action: That the Planning Commission hold a study session to review
the draft Application and Review Procedures for Projects Proposed Pursuant to Senate
Bill 35and provide comments for staff to consider and forward to the City Council.
Staff Report
1. Draft Resolution regarding Review Procedures
2. Draft SB 35 Application Package
3. SB 35 Statute, as Amended
4. Final HCD Guidelines - Streamlined Ministerial Approval Process
PUBLIC HEARINGS
6.Subject: Development Permit and an Architectural and Site Permit to allow the
construction of a collocatable personal wireless service facility consisting of 16 panel
antennas mounted on a 80' tall treepole, a base equipment station and an energy power
generator; a Height Exception to allow the installation of 12 panel antennas to be
mounted at a height of 65' on a proposed 80' foot tall treepole at the Cupertino Sports
Center. Application No(s).: DP-2014-09, ASA-2014-14, EXC-2014-14; Applicant(s): Tom
Johnson (TSJ Consulting, Inc. for AT&T); Location: 21111 Stevens Creek Blvd.
APN#326-39-022
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Planning Commission Agenda July 23, 2019
Recommended Action: At the Applicant's request, this item has been postponed to a
date uncertain
7.Subject: General Plan amendment to reflect that office uses are not permitted within
the Vallco Shopping District Special Area and remove the associated office
development allocation; General Plan Amendment to set height limits for the area, and
make other conforming/clarifying text edits to create density standards to permit up to
457 units with a minimum density of 29.7 units per acre (389 units) and a maximum
density of 35 units per acre on designated parcels totaling approximately 13.1 acres
within the Vallco Shopping District Special Area; Municipal Code Amendment to make
Zoning Ordinance text amendments implementing the General Plan Amendments;
Re-Zoning of certain parcels within the Vallco Shopping District Special Area from
General Commercial (CG) and Planned Development (P(R3, CG)). Application No(s).:
GPA-2019-01, GPA-2019-02, MCA-2019-02, Z-2019-01 (EA-2013-03); Applicant(s): City
of Cupertino; Location: 10101 to 101333 North Wolfe Road APN#s:316-20-080,
316-20-081, 316-20-103, 316-20-107, 316-20-101, 316-20-105, 316-20-106, 316-20-104,
316-20-088, 316-20-092, 316-20-094, 316-20-099, 316-20-100, 316-20-095
Recommended Action: Postponed to a special meeting of the Planning Commission on
July 30, 2019
OLD BUSINESS
NEW BUSINESS
STAFF AND COMMISSION REPORTS
ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an
action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed
to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said
appeal is filed with the City Clerk (Ordinance 632).
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the
next Planning Commission meeting who is visually or hearing impaired or has any disability that needs
special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the
meeting to arrange for assistance. Upon request, in advance, by a person with a disability, Planning
Commission meeting agendas and writings distributed for the meeting that are public records will be
made available in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Page 3
Planning Commission Agenda July 23, 2019
Any writings or documents provided to a majority of the Planning Commission after publication of the
packet will be made available for public inspection in the Community Development Department located
at City Hall, 10300 Torre Avenue, during normal business hours and in Planning packet archives
linked from the agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City .
Members of the public are entitled to address the Planning Commission concerning any item that is
described in the notice or agenda for this meeting, before or during consideration of that item. If you
wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker
request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the
item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to
address the Planning Commission on any other item not on the agenda, you may do so by during the
public comment portion of the meeting following the same procedure described above. Please limit your
comments to three (3) minutes or less.
For questions on any items in the agenda, or for documents related to any of the items on the agenda,
contact the Planning Department at (408) 777 3308 or planning@cupertino.org.
Page 4
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO
PLANNING COMMISSION MEETING
ACTION MINUTES, July 9, 2019
PLEDGE OF ALLEGIANCE
At 6:45 p.m Chairperson Wang called to order the regular Planning Commission meeting in the
Cupertino Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA. and led
the Pledge of Allegiance.
ROLL CALL
Present: Chairperson R Wang, Vice Chair Vikram Saxena, Commissioners Kitty Moore, David
Fung, Alan Takahashi. Absent: None
APPROVAL OF MINUTES
1.Subject:Draft Minutes of June 25, 2019.
Recommended Action: Approve or modify the Draft Minutes of June 25, 2019
Moved by Fung and seconded by Saxena to: “Approve the minutes”. The motion carried 5-
0-0.
POSTPONEMENTS/REMOVAL FROM CALENDAR: None
ORAL COMMUNICATIONS: None
WRITTEN COMMUNICATIONS: None
CONSENT CALENDAR: None
PUBLIC HEARINGS: None
STUDY SESSION:
2. Subject: Design Objectives and Standards presentation, FY 2019-2020 Work Program item.
Application No(s).: CP-2019-02; Applicant(s): City of Cupertino; Location: citywide continuation
of discussion from the June 25, 2019 study session
Recommended Action:That the Planning Commission conduct the study session, receive
this report and provide direction to staff regarding moving forward with the Objective
Standards Update to the General Plan and Zoning Ordinance.
The Deputy City Attorney, Joseph Petta, reviewed the Staff Report for the Planning
Commission. The City Attorney’s office is recommending that this project be discussed and
implemented in two phases; Phase I topics are identified as areas where the General Plan or
Zoning Codes can be amended and strengthened to add objectivity (shorter turnaround time);
Phase II topics are identified as areas where more evaluation and new policy development is
necessary (longer turnaround time).The Planning Commissioners clarified their positions
regarding Form Based Code design, discussed and clarified “Phase 1.5” topics, discussed and
prioritized Phase II topics.
Chair Wang opened the public comment period and the following individual(s) spoke:
Jennifer Griffin
Chair Wang closed the public comment period.
The Planning Commissioners re-ordered for prioritization and removed some itemsfrom Phase
II. Staff was directed to forward the Planning Commissioner’s recommendations to City
Council for consideration.
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: None
REPORT OF THE PLANNING COMMISSION:
Commissioners Fung, Moore and Chair Wang mentioned the various public meetings and
events they have attended.
ADJOURNMENT:
The meeting was adjourned at 9:50pm to the next regular Planning Commission meeting on
July 23, 2019 at 6:45 p.m.
Respectfully Submitted:
______/s/Beth Ebben_______________
Beth Ebben, Deputy Board Clerk
PLANNING COMMISSION STAFF REPORT
Meeting: July 23, 2019
Subject
Presentation on Green Stormwater Infrastructure (GSI) and the City’s Municipal Regional
Permit (MRP) requirement to consider future adoption of a long-term GSI Plan.
Recommended Action
Receive presentation and provide any input.
Discussion
The City is subject to the requirements of the Municipal Regional Stormwater NPDES
Permit (MRP), which covers 76 municipalities and flood control agencies (Permittees) in
the San Francisco Bay Region. The MRP requires each Permittee to adopt a long-term GSI
Plan by September 30, 2019, demonstrating how the agency will gradually shift from
traditional “gray” storm drainage infrastructure to a more resilient and sustainable storm
drain system comprised of “green” infrastructure. GSI plans must include a mechanism
to prioritize and map areas for potential and planned projects and an implementation plan
and time schedule consistent with the mandatory milestones for achieving pollutant load
reductions.
The first step in this process, as required by the MRP, is to adopt a GSI Work Plan
describing the steps the City would take to develop a long term GSI Plan. On April 18,
2017, the GSI Work Plan was approved by the City Council and submitted to the San
Francisco Bay Regional Water Quality Control Board (Water Board) (Attachment A). The
next step is for the Council to consider adoption ofthe long-term GSI Plan, which expands
upon the GSI Work Plan and aligns it with key long-term planning documents, identifies
GSI opportunities, and includes evaluation of potential funding mechanisms. Council’s
consideration of adoption of this plan has been tentatively scheduled for August 20, 2019.
Jill Bicknell, P.E., will give a brief presentation on GSI. Ms. Bicknell is a water resources
engineer and manager at EOA, Inc. and serves as the Assistant Program Manager for the
Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). Ms.
Bicknell specializes in assistance to municipal agencies with implementation of green
stormwater infrastructure planning. The presentation will provide a summary overview
identifying the community and water quality benefits of GSI, an explanation of the MRP
requirement for cities to adopt long-term GSI plans, and potential opportunities to
incorporate GSI within the City’s infrastructure, both existing and planned.
Sustainability Impact
The benefits of GSI as a replacement for impervious hardscape include improving water
and air quality, water conservation, preserving and creating habitat and biodiversity,
traffic calming, and increased pedestrian mobility.
Fiscal Impact
The adoption of the City’s Green Stormwater Infrastructure Plan will not result in an
immediate fiscal impact; however, the City’s capital improvement project (CIP) list must
be evaluated annually to determine the feasibility of each project to install GSI. Specific
explanation must be reported in the City’s annual report to the Water Board for any CIP
project that does not contain a GSI element.
_____________________________________
Prepared by: Cheri Donnelly, Environmental Programs Manager
Alex Wykoff, Environmental Specialist
Reviewed by: Roger Lee, Director of Public Works
Approved for Submission by: Benjamin Fu, Director of Community Development
Attachments:
1 – GSI Work Plan - April 18, 2017
2 – GSI Presentation
i
City of Cupertino
Green Infrastructure Plan Framework
Approved on: April 18, 2017
Approved by: City of Cupertino City Council
Submitted by:
PUBLIC WORKS DEPARTMENT
Environmental Programs
Cheri Donnelly, Environmental Programs Manager
10300 TORRE AVENUE ~ CUPERTINO, CA 95014
(408) 777-3354 ~ (408) 777-3242
In compliance with Provision C.3.j.i.(1) of Order R2-2015-0049
ii
Page Intentionally Left Blank
iii
TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................. III
LIST OF TABLES ..................................................................................................................... III
LIST APPENDICES................................................................................................................... III
APPENDIX A. STAFF REPORT TO CITY COUNCIL ADOPTING GI PLAN FRAMEWORK ............................... III
ABBREVIATIONS .................................................................................................................... IV
1.0 INTRODUCTION .......................................................................................................... 1
1.1 WHAT IS GREEN INFRASTRUCTURE? ........................................................................................................ 1
1.2 STORMWATER QUALITY REGULATORY REQUIREMENTS ............................................................................... 1
1.3 PURPOSE OF GREEN INFRASTRUCTURE PLAN AND FRAMEWORK ................................................................... 2
1.4 CITY OF CUPERTINO DESCRIPTION AND BACKGROUND ................................................................................ 3
1.5 CITY OF CUPERTINO GOALS AND OVERALL APPROACH ................................................................................ 7
2.0 GREEN INFRASTRUCTURE PLAN ELEMENTS & APPROACH ......................................... 10
2.1 SUMMARY OF REQUIRED ELEMENTS ...................................................................................................... 10
2.2 APPROACH TO COMPLETION OF REQUIRED ELEMENTS .............................................................................. 11
2.2.1 Outreach and Education ...................................................................................................................... 11
2.2.2 Project Identification and Prioritization ............................................................................................... 13
2.2.3 Prioritized Project Locations and Timeframes ..................................................................................... 14
2.2.4 Completed Project Tracking System ..................................................................................................... 14
2.2.5 Guidelines and Specifications ............................................................................................................... 14
2.2.6 Integration with Other Municipal Plans ............................................................................................... 14
2.2.7 Evaluation of Funding Options ............................................................................................................. 15
2.2.8 Adoption of Policies, Ordinances, and Other Legal Mechanisms ......................................................... 16
2.2.9 Completion and Adoption of the GI Plan ............................................................................................. 17
3.0 GREEN INFRASTRUCTURE PLAN DEVELOPMENT SCHEDULE ....................................... 19
This section describes the time frames for completion of the tasks presented in Section 2 to
develop and adopt the City of Cupertino’s GI Plan. ................................................................ 19
LIST OF TABLES
Table 1. Cupertino’s Land Use Percentages ................................................................................... 4
Table 2. Schedule for Municipal Plan Updates for GI ................................................................... 15
Table 3. Schedule for Municipal Policy and Ordinance Updates ................................................. 16
Table 4. Schedule for Completion and Adoption of GI Plan ............................................................... 17
Table 5. Green Infrastructure Plan Development Schedule ...................................................... ...19
LIST APPENDICES
APPENDIX A. STAFF REPORT TO CITY COUNCIL ADOPTING GI PLAN FRAMEWORK
iv
ABBREVIATIONS
BASMAA Bay Area Stormwater Management Agencies Association
Caltrans California Department of Transportation
CASQA California Stormwater Quality Association
CEQA California Environmental Quality Act
CIP Capital Improvement Program
COA Condition of Approval
EPA Environmental Protection Agency
FY Fiscal Year
GI Green Infrastructure
GIS Geographic Information System
GSI Green Stormwater Infrastructure
Hg Mercury
LID Low Impact Development
LUS Watershed Management Initiative Land Use Subgroup
MC Management Committee
MEP Maximum Extent Practicable
MRP Municipal Regional Stormwater NPDES Permit
MS4 Municipal Separate Storm Sewer System
NGO Non-Governmental Organization
NPDES National Pollutant Discharge Elimination System
O&M Operation and Maintenance
PCBs Polychlorinated Biphenyls
PIP Public Information and Participation
POC Pollutant of Concern
Program Santa Clara Valley Urban Runoff Pollution Prevention Program
RFP Request for Proposal
ROW Right of Way
RWQCB San Francisco Bay Regional Water Quality Control Board
SCBWMI Santa Clara Basin Watershed Management Initiative
SCVURPPP Santa Clara Valley Urban Runoff Pollution Prevention Program
SCVWD Santa Clara Valley Water District
SFEI San Francisco Estuary Institute
SFEP San Francisco Estuary Partnership
State Board State Water Resource Control Board
SWRP Storm Water Resource Plan
SWRCB State Water Resource Control Board
TMDL Total Maximum Daily Load
Water Board San Francisco Bay Regional Water Quality Control Board
Water District Santa Clara Valley Water District
WDR Waste Discharge Requirements
WMI Watershed Management Initiative
v
PREFACE
This Green Infrastructure Framework (workplan) is a commitment by the City of
Cupertino’s decision makers to direct staff in several departments to develop and
submit Cupertino’s Green Infrastructure Plan by Sept 30, 2019 in compliance with
Provision C.3.j.i.(2) of Order R2-2015-0049 (the MRP). The dates and specific activities are
intended to guide the preparation of a complete and effective Plan over the next two
years. The Framework is intended to be flexible regarding details and timeframes which
may change as the Plan’s development process evolves.
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1.0 INTRODUCTION
1.1 What is Green Infrastructure?
“Green Infrastructure” (GI), also known as “Green Stormwater Infrastructure” (GSI), is
infrastructure that uses vegetation, soils, and natural processes to manage water and
create healthier urban environments. At the scale of a city or county, green
infrastructure refers to the patchwork of natural areas that provides habitat, flood
protection, cleaner air, and cleaner water. At the scale of a neighborhood or project
site, green infrastructure refers to stormwater management systems that mimic nature
by soaking up and storing water.
Examples of GI include resilient, sustainable systems that slow, filter, harvest, infiltrate
and/or evapotranspirate runoff such as: landscape-based stormwater “biotreatment”
using soil and plants ranging in size from grasses to trees; pervious paving systems (e.g.,
interlocking concrete pavers, porous asphalt, and pervious concrete); rainwater
harvesting systems (e.g., cisterns and rain barrels); and other methods to capture and
treat stormwater. These practices are also known as Low Impact Development (LID) site
design and treatment measures.
GI roadway projects are typically called “Green Streets”. Another term of art related to
street design is “Complete Streets”. This term comes from the transportation field and
deals with the designing of streets that incorporate all modes of travel equally - in
particular to increase safety and access for cyclists and pedestrians. The integration of
the goals of both Complete Streets and Green Streets has coined several new terms
such as “Living Streets”, “Better Streets” and “Sustainable Streets”. This movement
recognizes that environmentally and holistically designed streets achieve many
benefits: increased multi-modal travel and safety; clean water and air; climate change
resilience and mitigation; placemaking and community cohesion; habitat and energy
savings; and higher property values.
1.2 Stormwater Quality Regulatory Requirements
The City of Cupertino is subject to the requirements of the recently reissued Municipal
Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit for
Phase I municipalities and agencies in the San Francisco Bay area (Order R2-2015-0049),
also known as the Municipal Regional Permit (MRP), which became effective on
January 1, 2016. The MRP applies to 76 large, medium and small municipalities (cities,
towns and counties) and flood control agencies that discharge stormwater to San
Francisco Bay, collectively referred to as Permittees.
Over the last 13 years, under the MRP and previous permits, new development and
redevelopment projects on private and public property that exceed certain size
thresholds (“Regulated Projects”) have been required to mitigate impacts on water
quality by incorporating site design, pollutant source control, stormwater treatment and
flow control measures as appropriate. LID treatment measures, such as rainwater
harvesting and use, infiltration, and biotreatment, have been required on most
2
Regulated Projects since December 2011. Construction of new roads is covered by
these requirements, but projects related to existing roads and adjoining sidewalks and
bike lanes are not regulated unless they include creation of an additional travel lane.
A new section of the MRP requires Permittees to develop and implement long-term
Green Infrastructure (GI) Plans for the inclusion of LID measures in storm drain
infrastructure on public and private lands, including streets, roads, storm drains, parking
lots, building roofs, and other elements. The GI Plan must be completed by September
30, 2019. As part of the GI planning process, the MRP requires Permittees to adopt a
Green Infrastructure Plan Framework (Framework) by June 30, 2017 and submit it to the
Regional Water Quality Control Board (Water Board) by September 30, 2017. The
Framework, a work plan for completing the GI Plan, must at a minimum include a
statement of purpose, tasks and timeframes to complete the required elements of the
GI Plan.
Other sections of the MRP include requirements for municipalities to control pollutants of
concern to water quality in stormwater discharges, including polychlorinated biphenyls
(PCBs), mercury, trash and pesticides. LID measures incorporated into green
infrastructure can help remove these pollutants from stormwater runoff. For this reason,
the MRP establishes a new linkage between public infrastructure retrofits and required
reductions in discharges of certain pollutants, specifically PCBs and mercury. Over the
next few decades, Permittees must reduce the loads of PCBs and mercury in
stormwater discharges through various means, with a portion of these load reductions
achieved through the installation of GI systems. Permittees in Santa Clara County,
collectively, must implement GI on public and private property to reduce mercury
loading by 16 grams/year and PCB loading by 37 grams/year by 2020. The load
reductions will continue in future permits. Therefore, these efforts will be integrated and
coordinated countywide for the most effective program. Other pollutants, including
trash and pesticides, should also be coordinated with the GI program since, when
properly designed, constructed and maintained, biotreatment systems may also be
credited towards trash and pesticide reduction goals.
A key part of the GI definition in the MRP is the inclusion of both private and public
property locations for GI systems. This has been done in order to plan, analyze,
implement and credit GI systems for pollutant load reductions on a watershed scale, as
well as recognize all GI accomplishments within a municipality. However, the focus of
the GI Plan and Framework is the integration of GI systems into public rights-of-way. The
GI Plan is not intended to impose retrofit requirements on private property, outside the
standard development application review process for projects already regulated by
the MRP, but may provide incentives or opportunities for private property owners to add
or contribute towards GI elements if desired.
1.3 Purpose of Green Infrastructure Plan and Framework
The purpose of the City of Cupertino’s GI Plan is to describe how the City will gradually
transform its urban landscape and storm drainage systems from “gray” to “green”; that
is, shift from traditional storm drain infrastructure, where stormwater runoff flows directly
from impervious surfaces into storm drains and receiving waters, to a more resilient,
sustainable system that reduces and slows runoff by dispersing it to vegetated areas,
promotes infiltration and evapotranspiration, collects runoff for nonpotable uses, and
3
treats runoff using biotreatment and other green infrastructure practices. The GI Plan will
also be used to demonstrate the City’s long-term commitment to implementation of
green infrastructure to help reduce loads of pollutants of concern, particularly mercury
and PCBs, discharged in stormwater to local waterways. The GI Plan will be
coordinated with other City plans, such as the General Plan, the Climate Action Plan,
the Bicycle Transportation Plan, the Pedestrian Transporation Plan, and specific master
plans, to achieve multiple potential benefits to the community, including improved
water and air quality, reduced flooding, increased water supply, traffic calming, safer
pedestrian and bicycle facilities, climate resiliency, improved wildlife habitat, and a
more pleasant urban environment.
The purposes of this Framework are to:
1. Provide some background on the MRP requirements for GI Planning;
2. Describe the purpose, goals, and tasks to develop the City’s GI Plan; and,
3. Outline the time frames for the creation of the City’s GI Plan and other GI
tasks required in the MRP.
This Framework was reviewed and approved for submittal to the Water Board by the
City Council of the City of Cupertino. The City’s Staff Report is attached as Appendix A.
This Framework is submitted by the City in compliance with MRP Provision C.3.j.i.(1).
1.4 City of Cupertino Description and Background
Incorporated in 1955, the City of Cupertino is located in Santa Clara County, and has a
jurisdictional area of 7,206.4 acres. (11.26 square miles) According to the 2010 Census,
the City had a population of 58,302, with a population density of 5,179 people per
square mile and average household size of 2.87.
According to the General Plan, “Community Vision 2040”, Cupertino’s population grew
from 3,664 in 1960 to over 50,500 in 2000. Most of the population growth was from tract
development during the 1970s and 1980s and annexation of unincorporated County
land. Between 2000 and 2010 the City of Cupertino’s population increased by 15.3
percent, from 50,546 (18,204 households) to 58,302 persons (20,181 households). A
portion of this population growth can be attributed to the City’s annexation of 168
acres of land between 2000 and 2008. The Census Bureau estimated that Cupertino’s
population would be 60,572 by July 1, 2015, approximately a 3.7% increase from 2010.
Cupertino’s population was 58,302 at the time of the April 1, 2010 Census. The City’s
population is projected to grow to 66,110 by 2040 (Plan Bay Area, 2013), approximately
a 12% increase over 30 years.
The City of Cupertino is best known as the home of Apple’s corporate headquarters
and the site of its new 176-acre campus, officially called Apple Park. The first employees
will begin occupying their new offices in April 2017. Apple announced that it will take
more than six months to move 12,000 employees, and some construction will continue
4
over the summer as employees move in. Upon completion, it is estimated that more
than 23,400 Apple employees will be based in Cupertino.
Other companies located in Cupertino include Seagate Technology, Panasonic,
Amazon Lab126, SugarCRM (customer resource management), A Carrot Inc.
(computer systems and software). Though Cupertino is associated with technology
companies, very little manufacturing takes place in the City. Cupertino’s office parks
are primarily dedicated to management and design functions.
Two quarries within the city’s sphere of influence, Stevens Creek and Permanente
(Lehigh Cement), are located in the unincorporated area outside city limits, and
therefore, Santa Clara County has regulatory jurisdiction. There are no industrial sites or
facilities within the jurisdictional boundaries of the City of Cupertino that are subject to
the State’s Industrial General Permit for discharges associated with industrial activities
or any other individual industrial National Pollutant Discharge Elimination System
(NPDES) permit.
A description of the the City of Cupertino’s characteristics is provided below:
• Cupertino’s land use pattern was largely built on a conventional suburban
model, with predominantly single-family residential subdivisions and distinct
commercial and employment centers.
• Percentages of the City of Cupertino's jurisdictional area within the seven (7)
land use classes identified by ABAG (2005) are shown in the table below.
Table 1. Cupertino’s Land Use Percentages
Land Use Category
Jurisdictional
Area
(Acres)
% of
Jurisdictional
Area
Residential 3,938.2 57.2%
Commercial and Services 483.2 7.0%
Retail 303.6 4.4%
Industrial 278.1 4.0%
K-12 Schools 243.7 3.6%
Urban Parks 101.9 1.5%
Other 1 1,531.8 22.3%
Total 6,880.50 100%
• With the Completion of Apple’s new headquarters, 176 acres of the City’s
industrial area (in the table above) will have been redeveloped, incorporating
green infrastructure and LID features, such as reduction of impervious surfaces,
1 “Other” includes open space and vacant land
5
underground parking with green roof style, landscape covering. The site is
designed to be ~ 80% green space with 7,000 trees.
• Cupertino is defined by its four major roadways: Homestead Road, Wolfe Road,
De Anza Boulevard and Stevens Creek Boulevard. These major mixed-use
corridors have been the center of retail, commercial, office and multi-family
housing in Cupertino for decades. In order to support local and regional
commercial, office and housing needs, each of these corridors must be
improved. They should be enhanced with more pedestrian, bicycle and transit
facilities in order to meet the current and future needs of the community.
• There are nine Special Areas within Cupertino. Each Special Area is located
along one of the four major mixed-use corridors in the city, which represent key
areas within Cupertino where future development and reinvestment will be
focused. Goals for these areas include more bicycle and pedestrian friendly
streets and improved walkable, bikable connectivity to adjacent areas and
services.
• Cupertino has approximately 400 acres of streets and roads.
• Common residential street widths range from 20 feet (for streets with no street
parking) to 36 feet (for those with parking on both sides). Developers are typically
required to install curb, gutters, and sidewalks. The City prefers detached
sidewalks with a landscaped buffer in between the street and the pedestrian
walk to enhance community aesthetics and improve pedestrian safety.
• The City has approximately 1.5 miles of rural road in the residential hillside area of
Regnart Road.
• Cupertino’s hillside provide important habitat for plants and wildlife; watershed
capacity to prevent flooding in downstream areas; a wide vegetative belt that
cleanses the air of pollutants; and a natural environment that provides a contrast
to the built environment.
• The City is currently updating its Storm Drainage Master Plan. While efforts in early
years focused on expanding storm drain capacity and wastewater treatment,
the approach today is to reduce and filter runoff through project design and
management. Cupertino’s storm drain system currently operates adequately,
with some targeted upgrades or improvements likely over the next 25 years.
• Two state highways traverse Cupertino. The City is linked to the cities of San
Francisco and San José by Interstate Freeway 280 which runs along most of the
its northern border. State Route 85, which runs from Mountain View to South San
José, cuts diagonally across the City at its northwest boundary to its southeast
boundary. All state highways (and freeways) are owned and maintained by the
California Department of Transportation (Caltrans). Cupertino is defined by its
four major roadways: Homestead Road, Wolfe Road, De Anza Boulevard and
Stevens Creek Boulevard. These major mixed-use corridors have acted as the
“spines” of the community for decades.
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• Significant water bodies and water sources are;
• Stevens Creek
• Permanente Creek
• Regnart Creek
• Heney Creek
• Calabazas Creek
• The McDonald-Dorsa quarry, which used to operate south of the Deep Cliff Golf
Course and Linda Vista Park, was closed in the 1970s and is not a current source
of minerals. The site has since been designated as residential, while the portion
that is now Linda Vista Park is designated for parks and open space. However,
since it was closed prior to the Surface Mining and Reclamatin Act of 1975
(SMARA), redevelopment in the area should address soils stabilization and
reclamation issues.
• Two expansive projects within the City, occurred between 2009 and 2017,
incorporating green infrastructure design concepts and benefits that the City will
consider applying toward its pollutant load reduction credit. The first was the 18-
acre Stevens Creek Corridor Park and Restoration CIP project, phase 1
(completed in 2009) and phase 2 (completed in July 2014). The second green
infrastructure project, which is expected to be complete in 2017, is owned by
Apple. The project redeveloped 176 acres of private old industrial land which,
according to Apple VP of Environmental Initiatives, Lisa Jackson, will be 80
percent green space. Green infrastructure amenities incorporated in these
projects are described below.
Planned or Completed GI projects in Cupertino from 2009 - 2017
Phase 1 of the Stevens Creek Corridor and Creek Restoration project at Blackberry Farm
in Cupertino restored a portion of Stevens Creek, enhanced natural hydrologic
processes, and improved wildlife and habitat values. Impervious cover was reduced by
3.4 acres, including an asphalt driveway and parking lot, and concrete surfaces in the
creek corridor. The former parking lot, which drained directly into the creek, was
replaced by a smaller green parking area, set back from the creek and made entirely
of permeable material. Drive aisles are made of porous concrete that is colored to
reduce heat gain. Vegetated parking bays were planted with turf rings to support
vehicle weight and dozens of native trees were planted. The design aimed to use all
rain and storm flows to water native plantings. The project site is located within a flood
plain. It was designed to accommodate being submerged during unusually high creek
flows without damage to new infrastructure, water quality or wildlife and to retain
stormwater onsite. The design enables the site’s ability to attenuate flooding, and
naturally filter and return rainfall and runoff from the site to groundwater.
Phase 2 of the Stevens Creek Corridor project included four new bioswales and an
infiltration area installed on the adjacent golf course to capture and infiltrate runoff
from the golf course, buildings, and the parking lot that previously flowed directly into
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the creek. Additionally, an all-weather trail was installed using pervious concrete. The
trail material is compatible with floodplain standards & protects the fishery & wildlife.
“Apple Park”, the 176-acre site that replaced the former Hewlett Packard industrial
campus, now includes several green infrastructure features, such as LID measures that
will retain stormwater onsite, underground parking, the removal of a section of
Pruneridge Avenue, the addition of orchards (a total of 7,000 trees), and sustainable
landscaping. The former HP campus was previously covered in buildings, concrete
parking lots and non-indigenous decorative trees ill-suited to the specific Pacific
climate. The strongest of the trees are being replanted and augmented with sturdy
species that will flourish to create large open expanses of greenery. The car park (with
14,200 spaces) is completely buried below the landscape. Due to its underground
location, this will triple the amount of green area in the new Apple campus. One
thousand bikes will be kept on the site and available to staff to get around the campus.
The new campus will reportedly use recycled water and will use 13,300 feet of pipeline
to share the supply between it and Cupertino.
1.5 City of Cupertino Goals and Overall Approach
The following principles, goals, strategies and visions are from the City of Cupertino’s
General Plan, Community Vision 2040.
Cupertino Guiding Principle #10 - Preserve Cupertino’s environment by enhancing or
restoring creeks and hillsides to their natural state, limiting urban uses to existing
urbanized areas, encouraging environmental protection, promoting sustainable design
concepts, improving sustainable municipal operations, adapting to climate change,
conserving energy resources and minimizing waste.
General Plan Environmental Resources and Sustainability Element:
Strategy ES-2.1.5: Urban Forest. Encourage the inclusion of additional shade trees,
vegetated stormwater treatment and landscaping to reduce the “heat island effect” in
development projects. Pa g e ES-17; Goal ES-2: Promote Conservation of Energy
Resources, Policy ES-2.1: Conservation and Efficient Use of Energy Resources
Strategy ES-5.1.1: Urban Forest. Ensure that the City’s tree planting, landscaping and
open space policies enhance the urban ecosystem by encouraging medians,
pedestrian crossing and curb-extensions planting that is native, drought tolerant, treats
stormwater and enhances urban plant, aquatic and animal resources. Pa g e ES-22;
Goal ES-5: Protect the City’s Urban and Rural Ecosystems, Policy ES-5.1: Urban
Ecosystem
Strategy ES-5.1.2: Built Environment. Ensure that sustainable landscaping design is
incorporated in the development of City facilities, parks and private projects with the
inclusion of measures such as tree protection, stormwater treatment and planting of
native, drought tolerant landscaping that is beneficial to the environment. Pa g e ES-
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22; Goal ES-5: Protect the City’s Urban and Rural Ecosystems, Policy ES-5.1: Urban
Ecosystem
Strategy ES-7.2.1: Lot Coverage. Consider updating lot coverage requirements to
include paved surfaces such as driveways and on-grade impervious patios to
incentivize the construction of pervious surfaces. Pa g e ES-25; Goal ES-7: Ensure
Protection and Efficient Use of Water Resources, Policy ES-7.2: Reduction of Impervious
Surfaces
Strategy ES-7.2.2: Pervious Walkways and Driveways. Encourage the use of pervious
materials for walkways and driveways. If used on public or quasi-public property,
mobility and access for the disabled should take precedence. Pa g e ES-25; Goal ES-7:
Ensure Protection and Efficient Use of Water Resources, Policy ES-7.2: Reduction of
Impervious Surfaces
Strategy ES-7.2.3: Maximize Infiltration. Minimize impervious surface areas, and maximize
on-site filtration and the use of on-site retention facilities. Pa g e ES-25; Goal ES-7: Ensure
Protection and Efficient Use of Water Resources, Policy ES-7.2: Reduction of Impervious
Surfaces
Strategy ES-7.3.1: Development Review. Require LID designs such as vegetated
stormwater treatment systems and green infrastructure to mitigate pollutant loads and
flows. Pa g e ES-26; Goal ES-7: Ensure Protection and Efficient Use of Water Resources,
Policy ES-7.3: Pollution and Flow Impacts
Strategy ES-7.4.1: Storm Drainage Master Plan. Develop and maintain a Storm Drainage
Master Plan which identifies facilities needed to prevent “10-year” event street flooding
and “100-year” event structure flooding and integrate green infrastructure to meet
water quality protection needs in a cost effective manner. Pa g e ES-26; Goal ES-7:
Ensure Protection and Efficient Use of Water Resources, Policy ES-7.4: Watershed Based
Planning
Strategy ES-7.11.7: Green Business Certification and Water Conservation. Continue to
support the City’s Green Business Certification goals of long-term water conservation
within City facilities, vegetated stormwater infiltration systems, parks and medians,
including installation of low-flow toilets and showers, parks, installation of automatic
shut-off valves in lavatories and sinks and water efficient outdoor irrigation. Pa g e ES-
26; Goal ES-7: Ensure Protection and Efficient Use of Water Resources, Policy ES-7.4:
Watershed Based Planning.
In the last 20 years, the City has made strides towards improving walkability and
bikeability by retrofitting existing streets to include bike lanes; creating sidewalks lined
with trees along major boulevards; and encouraging development to provide a more
pedestrian-oriented frontage with active uses, gathering places and entries lining the
street.
Cupertino has already preserved an 18-acre site and restored creek habitat (Stevens
Creek Corridor and Restoration Project) in the City to maintain biodiversity and
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ecological integrity of local natural systems. The City is now looking at opportunities in
the built and natural environment to sustain and enhance biodiversity.
As the City seeks to implement sustainability and community health objectives, future
growth and retrofitting of existing infrastructure will create mixed-use, commercial,
employment and neighborhood centers; pedestrian-oriented and walkable spaces for
the community to gather; and distinct and connected neighborhoods with easy
walkable and bikeable access to services, including schools, parks and shopping.
The City will look towards focusing future change within Special Areas that are located
on Cupertino’s major mixed-use corridors. These areas already have a mix of
commercial, office, hotel and residential uses, and are located along roadways that
will be enhanced with “Complete Streets” features, improved landscaping and
expanded public spaces (e.g., parks and plazas).
Cupertino has an abundance of natural resources, including hillsides, creek corridors,
and sensitive animal and plant habitats along the foothills. Much of this land is
preserved in low-intensity residential and agricultural uses or open space. As
redevelopment occurs, the City will strive to preserve these natural areas through land
use and building design decisions.
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2.0 GREEN INFRASTRUCTURE PLAN ELEMENTS & APPROACH
2.1 Summary of Required Elements
To meet MRP requirements, the City of Cupertino’s Green Infrastructure (GI) Plan will
need to contain certain mandatory elements:
• Project Identification and Prioritization Mechanism: The GI Plan must describe the
mechanism by which the City of Cupertino will identify, prioritize and map
potential and planned projects that incorporate green infrastructure
components in different drainage areas within the City of Cupertino. These
include public and private projects that may be implemented over the long
term, with milestones for implementation by 2020, 2030, and 2040. The
mechanism must include the criteria for prioritization and outputs that can be
incorporated into the City of Cupertino’s long-term planning and capital
improvement processes.
• Prioritized Project Locations and Timeframes: The GI Plan must contain the
outputs resulting from the identification and prioritization mechanism described
above, such as lists and maps of prioritized projects and timeframes for
implementation. The outputs must also include “targets” or estimates of how
much impervious surface within the City of Cupertino will be converted or
“retrofit” to drain to a green infrastructure feature, such as a vegetated area or
stormwater capture or treatment facility, by the 2020, 2030, and 2040 milestones.
• Completed Project Tracking System: The GI Plan must describe the City of
Cupertino’s process for tracking and mapping completed public and private
projects and making the information available to the public.
• Guidelines and Specifications: The GI Plan must include general design and
construction guidelines, standard specifications and details (or references to
those documents) for incorporating green infrastructure components into
projects within the City of Cupertino. These guidelines and specifications should
address the different street and project types within the City of Cupertino as
defined by its land use and transportation characteristics, and allow projects to
provide a range of functions and benefits, such as stormwater management,
bicycle and pedestrian mobility and safety, public green space, urban forestry,
etc.
• Integration with Other Plans: The GI Plan must describe its relationship to other
planning documents and efforts within the City of Cupertino and how those
planning documents have been updated or modified, if needed, to support and
incorporate the green infrastructure requirements. If any necessary updates or
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modifications have not been accomplished by the completion of the GI Plan,
the GI Plan must include a work plan and schedule to complete them.
• Evaluation of Funding Options: The GI Plan must include an evaluation of funding
options for design, construction, and long-term maintenance of prioritized green
infrastructure projects, considering local, state and federal funding sources.
In addition, the City of Cupertino must adopt policies, ordinances, and/or other
appropriate legal mechanisms to allow implementation of the GI Plan. The City must
also conduct outreach and education to elected officials, department managers and
staffs, developers and design professionals, and the general public as part of
development and implementation of the GI Plan and implementation of specific
projects within the GI Plan.
2.2 Approach to Completion of Required Elements
The City of Cupertino is committed to working within its Public Works, Community
Development, Sustainability, GIS, and Recreation & Community Services departments,
and with the Santa Clara Valley Water District and SCVURPPP to complete the required
GI Plan elements described in Section 2.1. This section describes the City of Cupertino’s
approach to each required element.
2.2.1 Outreach and Education
One of the first and most important steps in the development of the GI Plan is
educating a municipality’s department staff, managers, and elected officials about the
purposes and goals of green infrastructure, the required elements of the GI Plan, and
steps needed to develop and implement the GI Plan, and get their support and
commitment to the Plan and this new approach to urban infrastructure. Another
important first step is local community and stakeholder outreach to gain public support.
The City of Cupertino began this process in FY 15-16 and FY 16-17 by completing the
following tasks:
• Convened 3-4 interdepartmental meetings in 2016 with with Public Works, GIS,
CIP and Environmental staff and management to discuss GI requirements and
assigned tasks.
• Discussed with appropriate department staff the MRP requirements to analyze
proposed capital projects for opportunities to incorporate GI, and completed
the first list of planned and potential GI projects.
• Provided training to department staff on GI requirements and strategies with
presentations by SCVURPPP’s Assistant Program Manager on February 27th and
March 6th 2017 at City Hall. Invited staff to attend SCVURPP;s Green Infrastructure
workshop on April 19. 2017. Six (6) planning and public works staff participated in
SCVURPPP’s 2016 Green Infrastructure workshop.
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• Invited elected officials to a Green Infrastructure presentation given by the
SCVURPPP’s Assitant Manager on March 6, 2017 in Community Hall to raise
awareness of the goals and requirements in the MRP and the concepts, intent
and multiple benefits of GI.
• At the suggestion of the Vice Mayor, on March 16, 2017, the Sustainability
Commission invited guest speaker, Robin Grossinger, a scientist from San
Francisco Estuary Institute (SFEI), to give his presentation on the vision for a
resilient Silicon Valley landscape. SFEI’s recommendations for a more sustainable
South Bay looks at what we can be doing to integrate resilient landscape within
the reality of new and re-development. From a practical perspective, we can
consider what we can be doing over the course of next generations to improve
the ecology of the area and how we can work with larger developments to
incorporate these types of principles in our planning. Cupertino has a couple of
opportunities that have been discussed in the last couple of years that could
potentially integrate these types of principals.
• Coordinated with SCVURPPP and the Watershed Education and Outreach
(WEO) subgroup on a comprehensive outreach and education program. Key
audiences include: the general public (countywide, and in the neighborhood or
municipality where GI projects are located); the development community (e.g.,
developers, engineers, landscape architects, and contractors); and elected
officials.
• Public Works Environmental staff participated in the Green Infrastructure
Leadership Conversation in Oakland on December 9 2016 and the Regional
Roundtable on Sustainable Streets held in Oakland on March 28 2017.
The City of Cupertino will conduct or continue to conduct the following education and
outreach activities as part of development of the GI Plan:
• Continue to hold inter-department meetings to collect input for the GI Plan.
• Continue to conduct internal training as needed, and encourage staff to attend
SCVURPPP GI trainings.
• Continue to provide outreach to the general public and developers in
coordination with SCVURPPP.
• Continue to keep elected officials updated on GI Plan development and
schedule for adoption.
• Schedule a Council Study Session in 2019, prior to City Council’s consideration of
the final Plan at a regularly scheduled meeting to inform Council and the public
of the features in the draft GI Plan.
• Provide outreach to Sustainability Commission, the Bike and Pedestrian
Commission, the local community, and other stakeholders to get input and
support for the GI Plan.
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• Continue to engage with San Francisco Estuary Institute (SFEI) and/or other
potential partners that offer a regional perspective for enhancing sustainable
natural landscaping with multi-faceted benefits.
2.2.2 Project Identification and Prioritization
The City of Cupertino will use the following approaches to identify, prioritize and map
potential and planned projects that incorporate green infrastructure components in
different drainage areas within the City.
a. Coordination with the Santa Clara Basin Stormwater Resource Plan (SWRP): The
Santa Clara Valley Water District (District) and SCVURPPP obtained a Proposition
1 Stormwater Grant Program planning grant to develop a Stormwater Resource
Plan (SWRP) for the Santa Clara Basin. The SWRP will support the development
and implementation of GI Plans within the Basin (including the City of Cupertino’s
GI Plan) through identification of local and regional opportunities for GI projects
and development of modeling tools for estimating pollutant load reductions over
future timeframes (2020, 2030 and 2040). The resulting maps and tools will be
available for local use by participating municipalities.
The Stormwater Resource Plan will also produce a list of prioritized GI projects
eligible for future State implementation grant funds. Building on existing
documents that describe the characteristics and water quality and quantity
issues within the Santa Clara Basin, the SWRP will identify and prioritize multi-
benefit GI projects throughout the Basin, using a metrics-based approach for
quantifying project benefits such as volume of stormwater infiltrated and/or
treated and quantity of pollutants removed. The metrics-based analysis will be
conducted using hydrologic/hydraulic and water quality models coupled with
GIS resources and other tools. The products of these analyses will be a map of
opportunity areas for GI projects throughout the watershed, an initial prioritized
list of potential projects and strategies for implementation of these and future
projects. The list of potential projects within the City of Cupertino will then be
incorporated into the City’s list for its GI Plan.
The draft SWRP will be completed by May 2018, and the final SWRP (after public
input) completed by December 2018. Earlier stages of the process will provide
input to GI Plan development, such as the identification of projects in fall 2017
and quantification of project benefits in early 2018.
b. Review of Capital Improvement Program Projects for Green Infrastructure
Opportunities: As required by the MRP, the the City of Cupertino has begun and
maintains a list of public and private GI projects that are planned for
implementation during the permit term (2015-2020), and public projects that
have potential for GI measures. The first such list was submitted with the FY 15-16
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Annual Report. These lists will be used to provide potential projects for inclusion in
the SWRP development and incorporation into the GI Plan.
The GI Plan will also describe the tools and approaches used, the criteria for
prioritization, and the outputs that can be incorporated into the Cupertino’s long-term
planning and capital improvement processes.
2.2.3 Prioritized Project Locations and Timeframes
The GI Plan will include the prioritized list of projects and map of locations within the the
City’s jurisdiction resulting from Task 2.2.2 above, as well as timeframes for
implementation. The outputs will also include “targets” or estimates of how much
impervious surface within the City of Cupertino will be converted or “retrofit” to drain to
a green infrastructure feature, such as a vegetated area or stormwater treatment
facility, or converted to pervious surfaces, by the 2020, 2030, and 2040 milestones.
2.2.4 Completed Project Tracking System
This section of the GI Plan must describe the the City of Cupertino’s process for tracking
and mapping completed public and private projects and making the information
available to the public. The City will work with SCVURPPP to develop a consistent
countywide approach to tracking and mapping completed projects and estimating
expected PCB and mercury load reductions resulting from these projects.
2.2.5 Guidelines and Specifications
The City of Cupertino will support and participate in the SCVURPPP process to develop
and adopt GI Design Guidelines and Specifications for streetscapes and other public
infrastructure. A set of model Guidelines and Specifications will be developed at the
countywide level which will be used as a reference by the City. The City of Cupertino
will evaluate the model Guidelines and Specifications for consistency with its own local
standards, and revise existing guidelines, standard specifications, design details, and
department procedures as needed.
The Guidelines and Specifications will also include the results of the regional analysis of
alternative approaches to sizing GI facilties where project constraints (e.g., limited
space in public right-of-way, utility conflicts, etc.) preclude fully meeting the permit-
required sizing criteria for such facilities.
2.2.6 Integration with Other Municipal Plans
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The City of Cupertino has reviewed its existing municipal planning documents and
Identified which documents need to be updated or modified to support and/or be
consistent with the GI Plan, and the timing for those updates or modifications. A
summary of the results of the municipal plan review and the schedule for updates or
modifications is presented in Table 2 below. If any necessary updates or modifications
have not been accomplished by the completion of the GI Plan, the GI Plan will include
a work plan and schedule to complete them.
Table 2. Schedule for Municipal Plan Updates for GI
Name of Plan
Last
Updated
Next
Projected
Update
Includes
Language
to Support
GI?
If No,
Date to
Complete
GI Update
General Plan – Element 6 2015 2040 Yes N/A
Climate Action Plan 2015 Yes N/A
Pedestrian Transportation Plan 2002 2017 Yes, will
include GI
Sep 2019
Bicycle Transportation Plan 2016 2021 TBD Sep 2019
Storm Drain Master Plan 1992 2018 Yes, will
include GI
Sep 2019
Urban Forestry Plan (Included in GP) 2015 2023 Yes N/A
Citywide Parks & Recreation System
Master Plan
N/A 2018 Yes, will
include GI
N/A
2.2.7 Evaluation of Funding Options
The City of Cupertino currently uses a combination the City’s General Fund and federal,
State, and other applicable grants to fund construction of projects in its capital
improvement program (CIP) and other projects. The General Fund, and when
applicable, CalRecycle grants, are used for public street, parking lot and building
maintenance; maintenance of stormwater control measures installed at public
projects; and maintenance of other landscaped areas (e.g., parks, medians, public
plazas, etc.)
The City of Cupertino will analyze possible funding options to raise additional revenue
for the projects that will eventually be included in the City’s GI Plan, including capital
and operation and maintenance (O&M) costs of these projects. Options for capital
project funding include the State Proposition 1 Stormwater Grant Program
implementation grants, Prop 1 IRWMP grants, and California Urban Rivers Grants.
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Additional funding options that will be explored by Cupertino include:
• Treatment at an Offsite Location – An alternative compliance option in which a
private Regulated Project (one required to treat runoff from created and
replaced impervious surface on the project) would instead treat runoff from an
equivalent amount of impervious surface offsite, potentially in the public right-of-
way, in LID treatment facilities it would pay to construct (and/or maintain). That
is, the private developer would fund and oversee construction of a potential
green infrastructure project identified by the City of Cupertino.
• Payment of In-Lieu Fees – An alternative compliance option in which the
developer of a private Regulated Project, in lieu of constructing LID treatment
facilities on-site, would pay equivalent in-lieu fees for construction and
maintenance of a regional or municipal stormwater treatment (green
infrastructure) facility.
• Public-Private Partnerships – An option in which green infrastructure facilities are
jointly funded by the municipality and a private organization or land owner for
the benefit of both parties.
2.2.8 Adoption of Policies, Ordinances, and Other Legal Mechanisms
The City of Cupertino will review its existing policies, ordinances, and other legal
mechanisms related to current planning procedures and implementation of stormwater
NPDES permit requirements to Identify which documents may need to be updated or
modified to help implement the GI Plan. A summary of the results of the policy,
ordinance, and legal mechanisms review and the schedule for actions is presented in
Table 3 below. All needed updates, modifications, or new mechanism(s) will be
completed and adopted (if necessary) by September 30, 2019.
Table 3. Schedule for Municipal Policy and Ordinance Updates
Policy/Ordinance/Legal
Mechanism Description
Update
Needed?
Update
Schedule
Municipal Code Chapter
9.18 Stormwater Pollution &
Watershed Protection
Municipal Code: remove
outdated language; add
requirements for GI in
private development
TBD Sept 2019
Environmental
Programs/Public Works
Conditions of Approval for
Private Development
Projects
If needed, update to
require consideration of
G.I. whenever feasible
TBD Sept 2019
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In the 2019 Annual Report or earlier annual reports, the City of Cupertino will describe
any updates to ordinances, policies, plans or programs that were needed to implement
the GI Plan and associated programs, or state that existing mechanisms are sufficient to
implement the GI Plan.
2.2.9 Completion and Adoption of the GI Plan
The City of Cupertino will draft its GI Plan to contain all of the elements described
above, obtain reviews and approvals by various departments, governing bodies, and
the public as needed, and submit the GI Plan to the Water Board by September 30,
2019. Internal deadlines to complete and adopt the GI Plan are presented in Table 4
below.
Table 4. Schedule for Completion and Adoption of GI Plan
Task Department/Group Deadline
Prepare draft GI Plan
Determine if a GI workgroup of municipal
staff or a consultant is needed to develop
the City’s Plan.
*(Input from SCVURPPP’s developing
Stormwater Resources Plan (SWRP) on the
identification of projects and quantification
of project benefits, will be available in fall
2017 and early 2018, respectively).
Public Works
Environmental Prgs Mgr,
Assistant Dirctor, Engineer,
and CIP Manager, with
input from Assistant
Comm. Dev Director, Sr.
Planner, and mapping
support from GIS Manager
Dec 2017 –
Apr 2018
Review draft GI Plan
*(SCVURPPP’s draft SWRP to be developed
by May 2018)
Community Development;
Public Works; Sustainability,
Parks and Community
Services;
May - Jun
2018
Public input on draft GI Plan Sustainability Commission,
Bike/Ped Commission,
(possibly Planning
Commission)
July - Aug
2018
Update draft GI Plan Public Works Aug – Sept
2018
Approve draft GI Plan
* The final SCVURPPP Santa Clara Basin SWRP
(after public input) will be completed by
December 2018.
City Manager, Public
Works Director, Assistant
City Manager, Assist PW
Dir, Assist Comm Dev
Director and City Engineer
Sept – Dec
2018
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Review/consider draft GI Plan
* The final SCVURPPP Santa Clara Basin SWRP
(after public input) will be completed by
December 2018.
Council Study Session/
Public Input
Jan-Mar
2019
Incorporate Study Session comments Public Works/City
Manager
Mar-Apr
2019
Approve final GI Plan City Council May-Aug
2019
GI Plan Framework
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3.0 GREEN INFRASTRUCTURE PLAN DEVELOPMENT SCHEDULE
This section describes the time frames for completion of the tasks presented in Section 2
to develop and adopt the City of Cupertino’s GI Plan.
Table 5. Green Infrastructure Plan Development Schedule
Task
No. Green Infrastructure Plan Development Task
Responsible
Organization(s)/
Department(s)
Estimated
Completion
Date
2.1 Required Elements: All required elements of
the Plan will be completed by September
2019.
Public Works
Environmental
Programs
Sept 2019
2.2 Approach to Completion of Required
Elements
Public Works
Environmental
Programs
2.2.1 Outreach and Education; As development of
the GI Plan evolves identify opportunities for
public input. Provide draft plan to
Sustainability Commission, Bike and
Pedestrian Commission and Planning
Commission.
Public Works,
Environmental,
and
Sustainability
Aug 2019
2.2.2 Project Identification and Prioritization:
Working with SCVURPPP, identify projects
using outputs from prioritization tools, the
City’s planned CIP list, the Storm Drainage
Master Plan and the Santa Clara Basin SWRP.
Map and prioritize projects on a drainage-
area-specific basis for implementation by
2020, 2030, and 2040 with targets for the
amount of impervious surface to be
retrofitted for those years. Identify projects
that may be candidates for grant funding
under Round 2 of the Prop 1 Stormwater
Grant Program.
Public Works,
Environmental,
Engineering and
Traffic, with
support from GIS
for mapping
Apr 2018
2.2.3 Prioritized Project Locations and Timeframes;
Add list of prioritized projects identified from
the findings in step 2.2.2. to GI Plan.
Public Works and
Community
Development
Mar 2019
2.2.4 Completed Project Tracking System: The City
will work with SCVURPPP to develop a
consistent countywide approach to tracking
and mapping completed public and private
projects and estimating expected PCB and
mercury load reductions resulting from these
projects. ( integrate w/ inspections)
Public Works
Environmental
and Engineering
Sept 2019
20
2.2.5 The Guidelines and Specifications: Will be
developed collaboratively at the
Countywide level through participation in
SCVURPPP and fine tuned by City staff to
align with City policies
Public Works
Environmnental
Programs &
Engineering
April 2018
2.2.6 Integration with Other Municipal Plans: The
City’s General Plan, Vision 2040 and its
Climate Action Plan already support the
expansion of green infrastructure. The City’s
2016 Bicycle Transportation Plan, 2017
Pedestrian Transportation Plan, and 2018
Storm Drainage Master Plan. There are
potential opportunities for integrating green
infrastructure into new bike lanes, pedestrian
routes and stormdrain repairs or upgrades.
Staff will review these plans to verify
compatibility with the City’s 2019 Green
Infrastructure Plan.
Public Works;
Community
Development;
Recreations &
Community
Services
July 2018
2.2.7 Evaluation of Funding Options: Resources to
develop the Green Infrastructure Plan will
include additional staff time for meetings to
discuss feasibility and prioritization of projects
within the Plan. Plan develoopment may
require a municipal GI Plan work group. If
additional funding is needed for Plan
development it will be requested for the FY
18-19 budget. Costs to implement the City’s
GI Plan (2020 – 2040) cannot be estimated
prior to identifying locations and scopes of
potential green infrastructure projects.
SCVURPPP will prepare guidance for
completing the analysis of funding options
during FY 16-17. The City will pursue
recommended funding options for GI
projects and complete its initial funding
analysis prior to the City’s FY 19-20 budget
approval process, and for each budget
process thereafter through FY 2039-2040.
Public Works and
City Manager’s
Office
First
evaluation
by
February
2019
2.2.8 Adoption of Policies or Ordinances, and
Other Legal Mechanisms: The Watershed
Protection Ordinance (Ch. 9.18) and PW
Engineering/Environmental COAs support GI
practices. Fine tuning might be needed after
the final Plan has been adopted and the City
begins to implement the Plan.
Public Works By Sept
2019
21
2.2.9 Completion and Adoption of the GI Plan: Put
on City Council agenda for approval by
August 2019.
City Council/
presentation by
Public Works
By Aug
2019
Briefing on Cupertino’s
Green Stormwater Infrastructure
Plan
Jill Bicknell, P.E., EOA, Inc.
Santa Clara Valley Urban Runoff Pollution Prevention Program
City of Cupertino Planning Commission Meeting
July 23, 2019
Green Stormwater Infrastructure
(GSI)
Systems that use vegetation, soils, and
natural processes to manage water and
create healthier urban environments
Green Infrastructure
Landscaped areas
and pervious
surfaces capture
runoff, reducing the
quantity of pollutants
flowing into local
creeks
Runoff and
pollutants flow
directly into
local creeks via
storm drains
Gray Infrastructure
Green Stormwater Infrastructure
Approach is focused on retrofitting existing public
streets, roofs, and parking lots to divert runoff to:
• Vegetated areas
• Pervious pavements
• Biotreatment and infiltration facilities
• Rainwater collection systems
Similar to Low Impact Development (LID) site
measures currently required on projects that add
or improve 10,000 sq. ft. or more of impervious
surface
Flow-Through Planters
Bioretention Areas
Green Roofs
Tree Trench
Pervious Pavement
Rainwater Harvesting
GSI Benefits
GSI projects can achieve multiple benefits:
• Flow reduction
• Pollutant reduction
• Reduced local
flooding
• Urban greening
• Traffic calming
• Improved bike and pedestrian safety
• Climate resiliency
• Increased wildlife habitat
Regulatory Requirements
Stormwater in Cupertino is regulated by the Regional
Water Quality Control Board (SF Bay Region)
The City is covered by a Municipal Regional Stormwater
Permit (MRP) that includes 76 Bay Area permittees
Cupertino and 14 other agencies participate in the Santa
Clara Valley Urban Runoff Pollution Prevention Program
(SCVURPPP) to achieve MRP compliance
The MRP mandates that each permittee submit a GSI
Plan to the Regional Water Quality Control Board by
September 30, 2019
Cupertino’s GSI Plan will be brought to Council for
approval on August 20, 2019
Fiscal Impact
The MRP requires the following commitments:
• Develop and submit a GSI Plan by September 2019
• Prioritize and map potential projects/areas (2020-2040)
• Incorporate GSI concepts in related municipal plans
• Evaluate funding options
• Identify GSI opportunities in public projects
• Plan implementation, track and report progress
annually
There is no current quantitative requirement for
how many GSI projects must be completed
Ensure Compatibility with Other City Plans
General Plan
• Sustainability, Transportation, Infrastructure Elements
Climate Action Plan
Parks Master Plan
Bicycle Plan
Pedestrian Plan
Safe Routes
to School
Storm Drainage Master Plan
Environmental staff has been incorporating GSI
language in plan development during staff review
comment periods
GSI Opportunity Analysis
Cities must annually review
lists of public projects and
assess potential for GSI
Lists and results of review
must be reported in annual
reports to Water Board
Cupertino is following
regional guidance and
criteria for conducting
annual review and reporting
Green Infrastructure Opportunity:
Hacienda Ave, Campbell
Drawing courtesy of Callendar Associates
•Road Diet
•Pavement Repair
•Bike Lane Needed
Hacienda Avenue
Hacienda Avenue
GSI Opportunity in Cupertino:
Parking Lot at Blackberry Farm
Parking Lot at Blackberry Farm
Pervious pavement and trees
Stevens Creek Trail
Pervious concrete application
Questions / Input?
Jill Bicknell, P.E.
408-720-8811 x1
jcbicknell@eoainc.com
PLANNING COMMISSION STAFF REPORT
Meeting: July 23, 2019
Subject
Study Session regarding Draft Review Procedures and Draft Application
Package for Projects Proposed Pursuant to Senate Bill 35 (Application No(s): CP-
2019-04; Applicant(s): City of Cupertino; Location: citywide)
Recommended Action
That the Planning Commission hold a study session to review draft City Review
Procedures (Attachment 1) and draft Application Package (Attachment 2) for
Projects Proposed Pursuant to Senate Bill 35 and provide comments for staff to
consider and forward to the City Council.
Discussion
Background:
Senate Bill 35 (SB 35) became effective on January 1, 2018. It enacted Government
Code section 65913.4 which requires cities and counties to use a streamlined
ministerial review process for qualifying multifamily housing developments that
comply with the jurisdiction's objective planning standards, provide specified
levels of affordable housing, and meet other specific requirements. Note that
there were amendments made to SB 35 in 2018. (The text of SB 35, as amended is
included as Attachment 3). In addition, the California Department of Housing
and Community Development (HCD) issued Guidelines for implementing SB 35,
Streamlined Ministerial Approval Process Guidelines (“Guidelines”), on
November 29, 2018, which took effect on January 1, 2019. These Guidelines direct
a local jurisdiction to provide information about its process for applying and
receiving ministerial approval under SB 35. Guidelines § 300(a). (Attachment 4.)
The Draft Resolution and draft application materials are being prepared to
specify the City’s procedures and requirements for processing and approving SB
35 applications.
It should be noted that the City received an SB 35 application for a multifamily
housing development encompassing 50.82 acres within the Vallco Shopping
District Special Area on March 27, 2018. This was processed within the timelines
allowed pursuant to SB 35 and approved on September 21, 2018. The project is
currently the subject of a lawsuit. The Guidelines were not in effect at the time
the City approved the project and, additionally, the Legislature has made
amendments to SB 35 since that time. The proposed City Procedures would not
apply to the approved Vallco SB 35 project.
Analysis:
Under SB 35, the City is required to review qualifying projects using a ministerial
review process, which means that the City cannot require an applicant to obtain
discretionary permits that would typically be required (e.g., development
permit). Instead, the City is required to process applications within the
timeframes specified in Government Code section 65913.4(c),1 applying only
those objective zoning and design review standards contained the City’s general
plan, municipal code, and other adopted land use plans in effect at the time the
project application was submitted and specific parking standards identified in SB
35. The review process must also be streamlined because the project is not subject
to environmental review under the California Environmental Quality Act
(CEQA).
Processing Procedures:SB 35 allows a City’s Planning Commission or City Council
to conduct public oversight of the development application. It requires oversight
to be focused on assessing compliance with criteria required for streamlined
projects, which includes a local government’s objective land use standards, as
well as any reasonable objective design standards published before submission
of an application. The statute defines objective standards to mean “standards
that involve no personal or subjective judgment by a public official and are
uniformly verifiable by reference to an external and uniform benchmark or
criterion available and knowable by both the development applicant or
proponent and the public official before submittal.” Public oversight must be
completed within the timelines specified in the statute for project approval (90
days for project of 150 unites or fewer and 180 days for larger projects) and
cannot inhibit, chill or preclude the ministerial approval provided for by SB 35.
The Draft Review Procedures are included in Attachment 1. The Draft
Procedures require a Joint Planning Commission and City Council meeting for
1 Once an application is submitted, within 60 days for a project with 150 or fewer units, and
within 90 days for a project more than 150 units, the City must provide the development
proponent with written documentation (“Consistency Letter”) of any objective planning standard
that the development conflicts with, and an explanation for the reason or reasons the
development conflicts with that standard. If the City fails to provide that information within the
time period, the development will be deemed consistent with the objective planning standards.
oversight and consistency review, prior to issuance of a Consistency Letter for
that project. This would be an open meeting, noticed to the public and neighbors
in advance, and there would be an opportunity for public and applicant
comments. The oversight meeting is proposed to be held at least 5 business days
prior to the consistency determination for the project. If a project is determined to
be ineligible for streamlined and ministerial review, the application will be
rejected and the applicant must make a new submittal which will be subject to
the timelines for new applications specified in SB 35. If an application is
determined to be eligible for SB 35 streamlined and ministerial review, the final
approval documents and standard conditions of approval will be prepared and
issued.
For projects that include a Tentative Map or Parcel Map application, this map
application will be considered by the Planning Commission and City Council
during the oversight and consistency review meeting.
The Draft Review Procedures also include an eligibility checklist, based on SB 35,
the Guidelines, and the City’s laws and policy, that specify the requirements for
a project to be eligible for streamlined approval under SB 35.
Application Package: HCD Guidelines also direct a local jurisdiction to provide
information about the materials required for an application. Attachment 2 is a
draft application package, that would be provided to an applicant interested in
making an application for a streamlined project. This package would include:
1. An application form
2. A form certifying compliance with the eligibility requirements of SB 35
(based on SB 35 requirements related to affordability, prevailing wages
requirements, skilled and trained workforce requirements etc.)
3. An application checklist indicating all the items required for a complete
application (based on information necessary to determine the application’s
compliance with objective General Plan and Municipal Code standards)
Next Steps
The Planning Commission’s recommendations will be considered by staff and
presented to the City Council at a study session tentatively scheduled for August
6. City Council will then consider approving revised draft procedures via
resolution at a subsequent meeting. The City Council’s decision will be final and
will be in effect immediately upon adoption of the resolution. Upon the Council’s
decision, the application package will be updated to ensure consistency with the
adopted Procedures and published on the City’s website and will be available at
the public counter for applicants.
Prepared by: Caitlin Brown, City Attorney’s Office
Reviewed by: Joseph Petta, Assistant City Attorney
Approved by: Benjamin Fu, Director of Community Development
Attachments:
1. Draft Resolution Adopting the Process for Applying and Receiving
Ministerial Approval Under Senate Bill 35
2. Draft SB 35 Application Package
3. SB 35 Statute, as Amended
4. HCD Guidelines – Streamlined Ministerial Approval Process
1
RESOLUTION NO. ________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ADOPTING THE PROCESS FOR APPLYING FOR AND RECEIVING MINISTERIAL
APPROVAL UNDER SENATE BILL 35
WHEREAS, Senate Bill 35 added Government Code Section 65913.4 providing for the
ministerial approval of infill affordable housing projects.
WHEREAS, the California Division of Housing Development issued Guidelines for
implementing SB 35, Streamlined Ministerial Approval Process Guidelines (“Guidelines”) on
November 29, 2018.
WHEREAS, these Guidelines direct local jurisdictions to provide information about
their process for applying and receiving ministerial approval.
WHEREAS, the City Council now provides that information about its process by this
resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the
following:
Process for Applying for and Receiving Ministerial Approval
Under Senate Bill 35
SECTION 1.Overview. Senate Bill 35 (SB 35) enacted Government Code section 65913.4,
which requires certain cities and counties to use a streamlined ministerial review process
for qualifying multifamily housing developments that comply with the jurisdiction’s
objective planning standards, provide specified levels of affordable housing, and meet
other specific requirements. The California Department of Housing and Community
Development (HCD) determined that Cupertino is subject to SB 35.1 The HCD issued
guidelines for implementing SB 35, Streamlined Ministerial Approval Process Guidelines
(Guidelines), on November 29, 2018, which took effect on January 1, 2019. These
Guidelines direct a local jurisdiction to provide information about its process for applying
and receiving ministerial approval under SB 35. Guidelines § 300(a).
Under SB 35, the City is required to review qualifying projects using a ministerial review
process, which means that the City cannot require an applicant to obtain discretionary
permits that would typically be required (e.g., development permit or conditional use
permit). Guidelines § 301(a)(1). Instead, the City is required to process applications within
1 As of January 31, 2018, HCD determined that Cupertino is subject to SB 35 streamlining for eligible projects. Cupertino
remained subject to SB 35 streamlining under HCD’s December 2018 Statewide Determination Summary.
2
the timeframes specified in Government Code section 65913.4, applying only those
objective standards contained the City’s General Plan, municipal code, and other adopted
land use plans in effect at the time the project application was submitted. Guidelines
§ 300. The review process is also to be streamlined because the project is not subject to
environmental review under the California Environmental Quality Act (CEQA).
Guidelines § 301(a)(6).
This Resolution establishes the City of Cupertino’s SB 35 application and review
processes. It is not intended to supersede or waive any requirements from SB 35 or the
Guidelines not explicitly discussed in this document. This Resolution shall be interpreted
to incorporate and be consistent with Government Code section 65913.4 and the
Guidelines, as they be amended from time to time.
SECTION 2.Eligibility Criteria. To be eligible for a streamlined review process, an
application must meet the objective planning standards required by SB 35, including all
applicable City objective land use standards, as described in Exhibit 1, the SB 35 Eligibility
Checklist. These eligibility criteria are collectively referred to as the required “objective
planning standards.”
SECTION 3.Procedures for processing SB 35 Applications.To apply for a project that
qualifies under SB 35, an applicant must follow the procedures below:
1. Submit an SB 35 Application and a Certificate for Compliance with Eligibility
Requirements on forms provided by the Community Development Director to the
Planning Division. The application must be submitted along with all of the material
identified in an SB 35 Application Checklist provided by the Community
Development Director. The SB 35 Application Checklist shall require sufficient
information for a reasonable person to determine whether the development is
consistent with the required objective planning standards.
SB 35 applications will be subject to a Staff Hourly Rate fee for applicable staff time
and materials to process the project application, based on the rates set in the adopted
Fee Schedule.
2. The City shall post all application materials on the City’s webpage within two
business days after the application has been submitted, and keep the project
webpage updated including posting any additional submittals from the applicant,
initial and final City consistency determinations, and any project approval or denial.
SECTION 4.Completeness Determination. Once the application is submitted, staff will
determine within 5 business days whether the application is complete. Applications shall
be complete if they contain all documents and other information required by the City, as
specified in the SB 35 Application Checklist provided by the Department of Community
Development.See Guidelines § 301(b)(1). All of the information in the SB 35 Application
3
Checklist is necessary to determine whether the development is consistent, compliant, or
in conformity with the objective planning standards. If the application is incomplete, staff
will deny the project, unless doing so would be an invalid basis to deny the project under
the Guidelines. See Guidelines § 301(b)(1). An applicant may submit a revised application
for a previously denied project at any time. The City will process the revised application
as a new application under these procedures and the timeframes for consistency
determinations and project approval shall commence on the date of resubmittal.
Guidelines § 301(a)(4).
SECTION 5.
(a)Timeframe for Consistency Determination.If the application is complete, within 60
days of the initial application submittal for a project with 150 or fewer units, and within 90
days for a project more than 150 units, the City will determine whether the project
conflicts with any of the required objective planning standards. Guidelines § 301(b).
(b)Initial Determination. The Department of Community Development will make an
initial written determination of the proposed project’s consistency with applicable
objective planning standards. The application may be routed to other City department
staff for review, if deemed necessary. The Community Development Director shall submit
the department’s initial consistency determination to the Planning Commission and the
City Council for consideration at the Oversight and Consistency Review Meeting.
(c)Oversight and Consistency Review Meeting. At least five days before a final
consistency determination is made, the Planning Commission and the City Council shall
hold a joint oversight meeting to assess the proposed project’s compliance with required
objective planning standards.
If the project includes an application for a tentative or parcel map, this application will
also be considered during the meeting, and the Council and Planning Commission will
assess the application’s consistency with objective subdivision standards. Gov. Code
§ 65913.4(c)(2).
The Planning Commission and City Council’s oversight shall be objective, involving little
or no personal judgement as to the wisdom or manner of carrying out the project, and be
strictly focused on compliance with required objective planning standards.See Guidelines
§ 102(n), 301(a)(2). The oversight shall not in any way inhibit, chill, stall, delay, or
preclude the ministerial approval. Guidelines § 300(a)(2).
The Oversight Meeting shall be a noticed, open, and public meeting in compliance with
the Ralph M. Brown Act. The applicant and members of the public shall have an
opportunity to speak as they would at other Planning Commission and City Council
meetings.
4
In addition, the noticing requirements of Municipal Code section 19.12.110A for
Development Permits shall apply to the Oversight and Consistency Review Meeting.
(d)City Manager action following Oversight and Consistency Review Meeting.
Following the Council and Planning Commission’s Oversight and Consistency Review
Meeting and before the expiration of the timeframe for a consistency determination, the
City Manager will send the applicant either (1) a letter documenting which standard or
standards the development conflicts with and an explanation for the reason or reasons the
development conflicts with that standard or standards, or (2) a letter stating that the
project is consistent with all required objective planning standards and an explanation for
reasons the development is consistent with those standards.See Guidelines § 301(a)(3).
SECTION 6.Procedure if project is consistent with all objective planning standards. If
the proposed development is consistent with all required objective planning standards,
the City Manager will prepare final approval documents and standard conditions of
approval.See Guidelines § 301(a)(5). Within 90 days from the initial project application’s
submittal for a project with 150 or fewer units, and within 180 days for a project with
more than 150 units, the City Manager will provide the project applicant with the final
approval documents and standard conditions of approval. Guidelines § 301(b)(3).
SECTION 7.Procedure if application is ineligible for streamlined review. If the City
determines that a project conflicts with any required objective planning standard, it will
deny the application for streamlined processing under SB 35. The City will not continue
to process the application while allowing the applicant to correct any deficiencies. The
denial of an application for streamlined processing does not preclude the applicant from
correcting any deficiencies and resubmitting a new application for streamlined review or
for review under standard City procedures. If the applicant submits a corrected or revised
application, the timeframes specified in these procedures shall commence on the date of
resubmittal. Guidelines § 301(a).
SECTION 8.Exhibit. The Exhibit to this document may be updated periodically by
Planning Division staff in order to respond to changes to the Cupertino Municipal Code
or to state law. Staff shall not weaken or remove any requirements unless required to do
so by changes in the law.
5
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this _ _day of _______, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Steven Scharf, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Grace Schmidt, City Clerk
________________________
Date
6
Exhibit 1:
Senate Bill 35 Eligibility Checklist
To be eligible for a streamlined review process under SB 35, an application must meet the
objective planning standards required by SB 35, including all applicable City objective land
use standards, as described below.
1.NUMBER AND DENSITY OF UNITS. The project must comply with the minimum
and maximum residential density range permitted for the site, plus any applicable
density bonus. Guidelines § 300(c)(1). If the zoning code’s density designation for the
site conflicts with the density allowed in the general plan’s land use designation, the
density in the general plan’s land use designation prevails. Gov. Code § 65913.4(a)(5).
The project, if eligible, may request a density bonus and/or waivers and/or concessions
under the Density Bonus Law (Gov. Code § 65915). Guidelines § 300(b)(3). Any increase
in density granted under the Density Bonus Law is considered consistent with
maximum allowable densities. Guidelines § 300(b)(3).
In addition:
(a)The project must propose at least two multifamily residential units. Guidelines
§§ 102(o), 400(a).
(b)If the project is mixed-use, at least two-thirds of the proposed development’s square
footage must be designated for residential use. Guidelines § 400(b).
i. The two-thirds calculation is based upon the proportion of gross square footage
of residential space and related facilities to gross development building square
footage for an unrelated use, such as commercial or office uses. Structures
utilized by both residential and non-residential uses shall be credited
proportionally to intended use. Guidelines § 400(b).
ii. Related residential facilities are defined as any manager’s units and any and all
common area spaces that are included within the physical boundaries of the
housing development, including, but not limited to, common area space,
walkways, balconies, patios, clubhouse space, meeting rooms, laundry facilities,
and parking areas that are exclusively available to residential users, except any
portions of the overall development that are specifically commercial space.
Guidelines § 102(u).
iii. Additional density, floor area, or units granted pursuant to Density Bonus Law
are excluded from this calculation. Guidelines § 400(b).
(c)If the development project qualifies for a density bonus under Government Code
section 65915, the applicant must submit detailed plans clearly showing the square
footage of:
i. Additional density, floor area, or units granted pursuant to Density Bonus law,
7
ii.The related facilities or proportion of related facilities that serve the Density
Bonus law additions.
The plans must be of sufficient detail to verify the square footage of the
residential units, related residential facilities, and additional bonus units, floor
area, or density granted pursuant to Density Bonus Law and to determine the
two-thirds residential requirement. Plans for a “pre-density bonus project” will
not be used to calculate the two-thirds requirement. The applicant must also
comply with all objective standards relating to density bonus applications found
in CMC section 19.56.060.
(d)Both residential and non-residential components of a qualified mixed-use
development are eligible for the streamlined approval process. Guidelines §
400(b)(2). Additional or subsequent permitting requirements pertaining to the
individual businesses located in the commercial component (e.g. late night activity,
live music or child care use permits) are subject to the City’s General Plan and
Development Code requirements. Guidelines § 400(b)(3).
2.AFFORDABILITY. The project must provide affordable housing as specified under
Government Code section 65913.4(a)(3)(A) and (a)(4)(B) and under Cupertino’s Below
Market Rate Housing Program inclusionary zoning ordinance specifically:
(a)SB 35 projects must reserve at least 50% of their total units as affordable to
households making below 80 percent of the area median income in Santa Clara
County.2 Guidelines § 402(a)(2); see § 402(e). As a subset of the SB 35 affordable
units, Cupertino’s inclusionary zoning ordinance requires either payment of an
Affordable Housing Mitigation Fee or that 15% of the base number of units (total
units minus any density bonus units) in a project be reserved as follows:
i. For developments that offer rental housing: very low-income and low-income
households at a 60:40 ratio.
ii. For developments that offer ownership housing: median and moderate income
households at a 50:50 ratio. Because SB 35 requires ownership units be made
available to households making 80 percent of the area median income, if the
project applicant wants to take credit for both SB 35 units and the BMR Program,
then the most restrictive requirement would apply and these ownership units
must be made available to households making 80 percent of the area median
income rather than median and moderate income households.
iii. The objective standards in Cupertino’s inclusionary zoning ordinance shall
apply to the BMR Program subset of the units of the project’s affordable units.
2 When jurisdictions have insufficient progress toward their Lower income RHNA (Very Low and Low income) but have had sufficient
progress toward their Above Moderate income RHNA, they are subject to the streamlined ministerial approval process for proposed
developments with at least 50 percent affordability. Gov. Code § 65913.4(a)(4)(B)(ii). Cupertino has had sufficient progress toward the
Above Moderate income RHNA, but not toward the Lower income RHNA, and is therefore subject to streamlining of projects offering
at least 50 percent affordability under SB 35 according to the most recent SB 35 Determination Summary, available at
http://www.hcd.ca.gov/community-development/housing-element/docs/SB35_StatewideDeterminationSummary.pdf.
8
iv. Alternatively, if the project applicant does not wish to provide units subject to
Cupertino’s BMR Program, it may instead pay the Affordable Housing
Mitigation Fee and provide affordable units subject only to SB 35’s restrictions.
(b)The applicant must record a land use restriction or covenant providing that the
lower income housing units shall remain available at affordable housing costs or
rent to persons and families of lower-income (or very low income, as applicable) for
no less than the following periods of time, as applicable:
i. For the units subject to Cupertino’s inclusionary zoning ordinance:
99 years or
55 years (if a project financed with low-income housing tax credits (LIHTC))
ii. For the units subject to SB 35 affordability requirements in excess of Cupertino’s
inclusionary zoning ordinance:
55 years for rental units
45 years for ownership units
3.URBAN INFILL. The project must be located on a legal parcel or parcels within the
incorporated City limits. Guidelines § 401(a). At least 75 percent of the perimeter of the
site must adjoin parcels that are developed with urban uses.Guidelines §§ 102(j), 400(a).
For purposes of SB 35, “urban uses” means any current or former residential,
commercial, public institutional, transit or transportation passenger facility, or retail
use, or any combination of those uses. Guidelines § 102(z). Parcels that are only
separated by a street or highway shall be considered adjoined. Guidelines § 102(j).
4.ZONED OR PLANNED RESIDENTIAL USES. The project must be located on a site
that is either zoned or has a General Plan designation for residential or residential
mixed-use development, including sites where residential uses are permitted as a
conditional use. Guidelines § 401(a).
5.CONSISTENT WITH OBJECTIVE STANDARDS. The project must meet all objective
general plan, zoning, design review, and other objective land use standards in effect at
the time the application is submitted. Gov. Code § 65913.4(a)(5).
(a)If the project is consistent with the minimum and maximum density range allowed
within the General Plan land use designation, it is consistent with housing density
standards. Guidelines § 300(c).
(b)Modifications to otherwise-applicable standards under density bonus law do not
affect a project’s ability to qualify for SB 35. Guidelines § 300(c)(3).
(c)Objective standards are those that require no personal or subjective judgment and
must be verifiable by reference to an external and uniform source available prior to
submittal. Guidelines § 102(p). Sources of objective standards include, without
limitation:
i. General Plan.
9
ii. Municipal Code, including, without limitation, the Zoning, Subdivisions, and
Building Codes
iii. Heart of the City Specific Plan
iv. Monta Vista Design Guidelines
v. North De Anza Conceptual Zoning Plan
vi. South De Anza Conceptual Plan
vii. Saratoga-Sunnyvale Conceptual Plan
viii. BMR Housing Mitigation Procedural Manual
6.PARKING. The project must provide at least one parking space per unit; however, no
parking is required if the project meets any of the followingcriteria. Guidelines § 300(d):
(a) The project is located within one-half mile of public transit.
(b) The project is located within an architecturally and historically significant historic
district.
(c) On-street parking permits are required but not offered to the occupants of the project.
(d) The project is located within one block of a car share vehicle station.
However, if any parking is provided, it must meet the City’s objective standards from
Chapter 19.124 of the Municipal Code and Public Works Standards. Guidelines §
300(d)(2).
7.LOCATION. The project must be located on a property that is outside each of the
following areas (see Guidelines § 401(b)):
(a) Either prime farmland or farmland of statewide importance, as defined pursuant to
United States Department of Agriculture land inventory and monitoring criteria, as
modified for California, and designated on the maps prepared by the Farmland
Mapping and Monitoring Program of the Department of Conservation, or land zoned
or designated for agricultural protection or preservation by a local ballot measure that
was approved by Cupertino’s voters.3
(b) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660
FW 2 (June 21, 1993).
(c) A very high fire hazard severity zone, as determined by the Department of Forestry
and Fire Protection pursuant to Section 51178, or within a high or very high fire
hazard severity zone as indicated on maps adopted by the Department of Forestry
and Fire Protection pursuant to Section 4202 of the Public Resources Code. This does
3 As of July 1, 2019, no properties in Cupertino fall within this category. Prior to
submitting an application for streamlined review, applicants should confirm with the
Planning Division if the listed exclusion is applicable.
10
not apply to sites excluded from the specified hazard zones by the City, pursuant to
subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation
measures pursuant to existing building standards or state fire mitigation measures
applicable to the development.
(d) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste
site designated by the Department of Toxic Substances Control pursuant to Section
25356 of the Health and Safety Code, unless the Department of Toxic Substances
Control has cleared the site for residential use or residential mixed-use.
(e) A delineated earthquake fault zone as determined by the State Geologist in any
official maps published by the State Geologist, unless the development complies with
applicable seismic protection building code standards adopted by the California
Building Standards Commission under the California Building Standards Law (Part
2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code),
and by any local building department under Chapter 12.2 (commencing with Section
8875) of Division 1 of Title 2.
(f) A special flood hazard area subject to inundation by the 1 percent annual chance flood
(100-year flood) as determined by the Federal Emergency Management Agency in
any official maps published by the Federal Emergency Management Agency. This
restriction does not apply if the site has been subject to a Letter of Map Revision
prepared by the Federal Emergency Management Agency and issued to the City or if
the applicant can demonstrate that the site will be able to meet the minimum flood
plain management criteria of the National Flood Insurance Program.
(g) A regulatory floodway as determined by the Federal Emergency Management
Agency in any official maps published by the Federal Emergency Management
Agency, unless the development has received a no-rise certification in accordance
with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
(h) Lands identified for conservation in an adopted natural community conservation
plan pursuant to the Natural Community Conservation Planning Act (Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat
conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C.
Sec. 1531 et seq.), or other adopted natural resource protection plan.
(i) 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
federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3
of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division 2 of the Fish and GameCode).
(j) Lands under conservation easement.
11
(k) A site that would require demolition of housing that is:
i. Subject to recorded restrictions or law that limits rent to levels affordable to
moderate, low, or very-low income households.
ii. Subject to rent control.
iii. Or has been occupied by tenants within the past 10 years.
(l) A site that previously contained housing occupied by tenants that was demolished
within the past 10 years.
(m) A property that contains housing units that are occupied by tenants, and units at the
property are, or were, subsequently offered for sale to the general public by the
subdivider or subsequent owner of the property.
(n) A parcel of land or site governed by the Mobilehome Residency Law, the Recreational
Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy
Parks Act.4
(o) A site that would require demolition of an historic structure that is on a local, state, or
federal register.
8.SUBDIVISIONS.The project does not involve an application to create separately
transferable parcels under the Subdivision Map Act. Guidelines § 401(d). However, a
subdivision is permitted if the development is consistent with all objective subdivision
standards in the subdivision ordinance, and either of the following apply (Guidelines §
401(d)):
(a) The project is financed with low-income housing tax credits (LIHTC) andsatisfies the
prevailing wage requirements identified in item 9 of this Eligibility Checklist.
(b) The project satisfies the prevailing wage and skilled and trained workforce
requirements identified in items 9 and 10 of this Eligibility Checklist.
9.PREVAILING WAGE. The project proponent must certify that at least one of the
following is true (Guidelines § 403):
(a) The entirety of the project is a public work as defined in Government Code section
65913.4(8)(A)(i).
(b) The project is not in its entirety a public work and all construction workers
employed in the execution of the development will be paid at least the general
prevailing rate of per diem wages for the type of work and geographic area.
(c) The project includes 10 or fewer units AND is not a public work AND does not
require subdivision.
4 As of June 2019, no properties in Cupertino fall within this category. Prior to submitting an
application for streamlined review, applicants should confirm with the Planning Division if the listed
exclusion is applicable.”
12
10. SKILLED AND TRAINED WORKFORCE. If the project consists of 75 or more units
that are not 100 percent subsidized affordable housing, the project proponent must
certify that it will use a skilled and trained workforce, as defined in Government Code
section65913.4(8)(B)(ii).5 Guidelines § 403.
5 Beginning January 1, 2022, the skilled and trained workforce requirement is reduced to apply to
projects of 50 units or more that are not 100 percent subsidized affordable housing.
Page 1 of 17
DRAFT SENATE BILL 35 APPLICATION FORM
SUBMITTAL REQUIREMENTS. The following information and materials listed on the
attached SB 35 Application Checklist are required for a complete application in order to
determine if a project qualifies under Senate Bill 35. Please review this checklist with
City’s Planning Division staff to confirm specific requirements and to determine if other
applications are required.
Project Information to be filled in by Applicant and/or Property Owner:
Applicant’s Contact Information:Property Owner’s Contact Information:
Name:
Address:
City, State:ZIP:
Email:
Phone:
Name:
Address:
City, State:ZIP:
Email:
Phone:
Project Site / Address(es):
Assessor’s Parcel Number(s):
General Plan and Zoning Designations:
Proposed Unit Count:Proposed Non-Residential
Square Footage:
Proposed Residential Square Footage
without Density Bonus:
Proposed Residential Square
Footage with Density Bonus (if
applicable):
Page 2 of 17
YES NO N/A
1. Type of Multifamily Housing Development Proposed:
a. Multifamily rental; residential only with no proposed
subdivision.
b. Multifamily residential with proposed subdivision
(must qualify for exception to subdivision exclusion)
c. Mixed-use: at least 2/3 of square footage (excluding
residential square footage devoted to density bonus
units) must be designated for residential use. If a
subdivision is included, the development must qualify
for exception to subdivision exclusion.)
2. Number of Parking Spaces Proposed: -
_______________________
a. Is the site within one-half mile of public transit?
b. Is the site within an architecturally and historically
significant historicdistrict?
c. Are on-street parking permits required but not offered
to the occupants of the project?
d.Is the site within one block of a car share vehicle station?
3. Does the project propose 2 or more residential units?
a. Has the applicant certified compliance with
affordability requirements?
4. Does the project include more than 10 units?
5. Is the project a public work?
a. Has the development proponent certified to the City
that the entirety of the development is a public work?
b. Has the applicant certified compliance with prevailing
wage requirements?
6. Does the project propose 75 units or more?
a. Has the applicant certified compliance with skilled and
trained workforce requirements?
7. Does the project involve a subdivision of land?
a. Is the development consistent with all objective
standards in the subdivision ordinance?
b. Is the project financed with low-income housing tax
credits?
c. Has the applicant certified compliance with prevailing
wage requirements?
d. Has the applicant certified compliance with skilled and
trained workforce requirements?
Page 3 of 17
YES NO N/A
8. Would the development require demolition of any of the
following types of housing?
a. Housing subject to a recorded covenant, ordinance or
law that restricts rents to levels affordable to persons
and families of moderate, low, or very low income.
b. Housing that is subject to any form or rent or price
control.
c. Housing that has been occupied by tenants within the
past 10 years.
9. Was the site previously used for housing that was
occupied by tenants that was demolished within 10 years
before the application was submitted?
10. Does the property contain housing units that are occupied
by tenants, and units at the property are, or were,
subsequently offered for sale to the general public by the
subdivider or subsequent owner of the property?
11. Would the development require demolition of a historic
structure that was placed on a national, state, or local
historic register?
12. Is the project site within a very high fire hazard severity
zone?
a. Are there adopted fire hazard mitigation measures
applicable to the development?
13. Is the project site a hazardous waste site that is listed
pursuant to Government Code section 65962.5 or a
hazardous waste site designated by the Department of
Toxic Substances Control pursuant to Health and Safety
Code section 25356 of the Health and Safety Code?
a. If the site has been so listed, has the applicant provided
evidence that the site has received the required clearance
for development as a residential use or residential mixed-
use?
14. Is the project site within a delineated earthquake fault
zone?
a. Does the development comply with applicable seismic
protection building code standards?
15. Is the project site habitat for protected species, identified
in an adopted natural community conservation plan, or
under a conservation easement?
16. Does the project site contain wetlands?
Page 4 of 17
YES NO N/A
17. Is the project site within a special flood hazard area?
a. Has the site been subject to a Letter of Map Revision or
does the site meet Federal Emergency Management
Agency requirements necessary to meet minimum flood
plain management criteria?
18. Is the project site within a regulatory floodway?
a. Has the project received a no-rise certification?
19. Is the project site located on lands under a conservation
easement?
20. Is the project seeking a density bonus and/or any
incentive, concession, waiver, or reduction of parking
standards under state Density Bonus Law?
21. Does the project proponent demonstrate how the
requested concession, waiver or reduction of standards is
the least amount necessary to develop the proposed
affordable housing?
X_____________________________________________________________________________
Property Owner Signature(s) Print Property Owner’s Name Date
FOR STAFF USE ONLY:
Application accepted on _________________ by ___________________________
Application Type:_________________________________
Page 5 of 17
Certificate for Compliance with Eligibility Requirements
I,__________________, do hereby certify and declare as follows:
(a)The subject property is located at:
Address(es)Assessor’s Parcel Number(s)
(b)I am a duly authorized officer or owner of the subjectproperty.
(c)The property owner agrees to comply with the applicable affordable housing
dedication requirements established under Government Code section
65913.4(a)(4).
(d)The property owner agrees to comply with the applicable prevailing wage
requirements established under Government Code section65913.4(a)(8)(A).
(e)The property owner agrees to comply with the applicable skilled and trained
workforce requirements established under Government Code section
65913.4(a)(8)(B).
(f)The property owner certifies that the project site has not contained any housing
occupied by tenants within 10 years prior to the date writtenabove.
I declare under penalty of perjury under the laws of the State of California that the
foregoing and all submitted material is true and correct.
Executed on this day in:
Location Date
Signature Name (Print), Title
Page 6 of 17
SENATE BILL 35 APPLICATION CHECKLIST
SUBMITTAL REQUIREMENTS. The following materials are required for a
complete application in order for the City to determine eligibility for streamlining
under SB 35. Please review this checklist with City of Cupertino Planning and Public
Works Divisions.
☐APPLICATION FORM. Include signature and contact information for the legal
property owner, applicant or authorized agent and contact information for the
Civil Engineer, Architect, Landscape Architect, and all other consultants
involved with the application on another sheet if necessary.
☐FILING FEE. (See the City’s Fee Schedule for current year. Note: Depending on
the project, it could be subject to the City’s hourly staff rate and the cost of
contracts plus any administrative charges).
☐CERTIFICATE FOR COMPLIANCE WITH ELIGIBILITY REQUIREMENTS.
The property owner or the owner’s authorized agent must certify under penalty
of perjury that certain threshold eligibility criteria are satisfied.
☐POWER OF ATTORNEY.Provide evidence of power of attorney, if the
application is being by a person other than the property owner.
☐TITLE REPORT. Prepared within the past three months (three copies). The title
report must include a legal description of the property and a listing of all
easements, rights-of-way, and owners shall be supplied.
☐ARBORIST REPORT. Prepared within the last year by an ISA Certified
Arborist for the removal or disturbance of any Protected Tree on the site or on
an adjacent property which could be impacted by the proposed development.
Describe the condition of all Protected trees to be removed/disturbed and
provide a statement of specific reasons for the proposed removal. Provide three
copies.
Page 7 of 17
☐PHASE I REPORT.A Phase 1 report shall be provided with the application. If
the Phase 1 report indicates that a Phase 2 report is recommended, a Phase 2
report must accompany the application.
☐PROJECT DESCRIPTION.A narrative project description that summarizes the
proposed project and its purpose must be provided. Please include a discussion
of the project site context, including what existing uses, if any, adjoin the project
site and whether the location is eligible for Streamlined Housing Development
processing.
☐STATEMENT OF CONSISTENCY WITH OBJECTIVE STANDARDS.
Explain how the proposed project is consistent with all objective zoning,
subdivision (if applicable),and designreview standards applicable to the project
site, including those standards included in the General Plan, Cupertino
Municipal Code, Heart of the City Specific Plan, Monta Vista Design Guidelines,
North De Anza Boulevard Conceptual Plan, South De Anza Conceptual Plan,
Saratoga-Sunnyvale Conceptual Zoning Plan, South Vallco Connectivity Plan
and other applicable City documents. Particular details shall be provided to
define how the project complies with use requirements, floor area standards,
density, setbacks, height standards, lot coverage ratios, landscaping standards,
creek setbacks, tree preservation and protection standards, water efficient
landscaping requirements, stormwater requirements, and common open space,
private useable open space, and public open space requirements.
☐STATEMENT OF DESIGN INTENT. Describe the design program, the
designer’s approach, and how the architectural, landscape and other elements
have been integrated in compliance with the City’s objective standards. The
relationship of the project to adjacent properties and to the adjacent streets
should be expressed in design terms. Define the site, building design, and
landscape concepts in terms of site design goals and objectives, pedestrian
circulation, outdoor-use areas, visual screening and enhancements,
conservation of natural resources, mitigation of negative site characteristics, and
off-siteinfluences.
[Continued on next page.]
Page 8 of 17
☐DEVELOPMENT PLAN SETS. The following plans shall comprise the
development plan set:
☐TITLE SHEET Including project name, location, assessor’s parcel numbers,
prior development approvals, and table of contents listing all the plan sheets
with content, page numbers, and date prepared.
☐SITE PLAN.Prepared by a licensed Civil Engineer, drawn at 1”= 20’ scale, with
scale noted, a graphic bar scale, and north arrow. The plan shall include the
following:
☐Vicinity map showing north arrow, the location and boundary of the
project, major cross streets and the existing street pattern in the vicinity with
the following information: General Plan and Zoning designations.
☐Size of property including gross and net lot area (square feet and acres).
☐For mixed use projects, total square footage of residential space and related
residential facilities (as defined in the City’s Eligibility Checklist), square
footage of non-residential uses, and square footage utilized by both
residential and non-residential uses. Detailed breakdowns, to scale, with
dimensions, shall be shown on Floor Plan submittals as indicated below.
☐For residential development, include the floor area for each unit type, the
number of bedrooms, the number of units by type, the number of units per
REQUIREMENTS FOR ALL DEVELOPMENT PLANS. If the application is
filed in conjunction with other applications, submittal requirements from all
applicable checklists shall be incorporated into one set of plans. All plans shall:
Be prepared, signed and stamped by licensed professionals.
Include the date of preparation and dates of eachrevision.
Be fully dimensioned and drawn to scale on the same size sheets, with a
consistent scale (as noted) throughout all plan sheets.
Be submitted in collated sets and folded to 8-1/2" x 11".
Be numbered in proper sequence.
A set of plans shall be submitted on a CD or USB flash drive in pdf format and
the following numbers of plan sets are required:
8 sets full size 24" x 36"
15 sets reduced to 11" x 17"
Additional plan sets may be requested if necessary.
Page 9 of 17
building, the total number of units, and net density. Include the amount of
private open space provided for each unit.
☐For commercial development, total floor area in each building (including
basements, mezzanines, interior balconies, and upper stories or levels in a
multistory building) and total building area, including non-residential
garages.
☐Percent lot coverage, percent of net lot area covered by buildings (total
ground floor area of all buildings divided by net lot area).
☐Percentage of net lot area devoted to landscaping, common open space and
private useable open space.
☐Parking requirements under Government Code section 65913.4(d) and
tabulation of the number of parking spaces proposed by type (universal and
ADA compliant) and proposed parking ratios.
☐Bicycle parking (required and proposed) under Cityof Cupertino Municipal
Code Chapter 19.124.040.
☐Existing and proposed property lines with dimensions, bearings, radii and
arc lengths, easements, and net & gross lot area for existing and proposed
parcels. Benchmark based on USGS NAVD 88 vertical.
☐Location and dimensions of all existing and proposed structures extending
50 feet beyond the property. If adjacent to a street, show the entire width of
street to the next property line, including driveways. Clearly identify all
existing and proposed structures such as fencing, walls, all building features
including decks and porches, all accessory structures including garages and
sheds, mailboxes, and trash enclosures. Label all structures and indicate the
structures to remain and the structures to be removed.
☐Dimensions of setbacks from property lines and between structures.
☐Location, dimension and purpose (i.e. water, sewer, access, etc.) of all
easements including sufficient recording data to identify the conveyance
(book and page of official records).
☐Location and dimensions for all adjacent streets (public and private) and
proposed streets showing both sides of streets, street names, street width,
striping, centerlines, centerline radii of all curves, median and landscape
strips, bike lanes, pedestrian ways, trails, bridges, curb, gutters, sidewalks,
driveways, and edge of right-of-way including any proposed or required
right-of-way dedication. Show all existing and proposed improvements
Page 10 of 17
including traffic signal poles and traffic signs. Show line of sight for all
intersections and driveways based on current City of Cupertino standards.
☐Existing topography and proposed grading extending 50 feet beyond the
property at 2 foot contour intervals for slopes up to 10% and less than 5 feet
in height; and contour intervals of 5 feet for slopes over 10% or greater than
5 feet in height. Include spot elevations, pad elevations, and show all
retaining walls with TOW/BOW elevations.
☐Drainage information showing spot elevations, pad elevations, existing
catch basins, and direction of proposed drainage, including approximate
street grade and existing and proposed storm drain locations.
☐Location and dimensions of existing and proposed utilities including water
supply system, sanitary sewers and laterals, drainage facilities, wells, septic
tanks, underground and overhead electrical lines, utility poles, utility
vaults, cabinets and meters, transformers, electroliers, street lights, lighting
fixtures, underground irrigation and drainage lines, backflow prevention
and reduced pressure devices, traffic signal poles, underground conduit for
signals and interconnect, and traffic signal pull boxes, signal cabinets,
service cabinets, and other related facilities.
☐Location and dimensions of parking spaces, back-up, loading areas, and
circulation patterns.
☐Survey of all existing trees on the site and adjacent to the site, at 1”=20’ scale,
indicating species, diameter at breast height (DBH) as defined in Chapter
14.18 of the Cupertino Municipal Code, and base elevation. Trunk locations
and the drip line shall be accurately plotted. Identify all protected trees as
defined in Chapter 14.18 of the Cupertino Municipal Code.
☐Location of all natural features such as creeks, ponds, drainage swales,
wetlands (as defined in the United States Fish and Wildlife Service Manual,
Part 660 FW 2 (June 21, 1993)), etc., extending 50 feet beyond the property
line to show the relationship with the proposed development.
☐Location on the site of any prime farmland or farmland of statewide
importance, as defined pursuant to United States Department of
Agriculture land inventory and monitoring criteria, as modified for
California, and designated on the maps prepared by the Farmland Mapping
and Monitoring Program of the Department of Conservation, or land zoned
or designated for agricultural protection or preservation by a local ballot
measure that was approved by Cupertino’s voters.
Page 11 of 17
☐If any parcel is within a FEMA defined 100-year floodplain or floodway:
☐Identify the floodplain or floodway on all plan sheets depicting the
existing and proposed site, with the base flood elevation (BFE) and
flood zone type clearly labeled. In addition, show the existing site
topography and finish floor elevations for all existing and proposed
structures. If FEMA has not defined a BFE, a site specific hydraulic
analysis will be required to determine the BFE prior to deeming the
application complete (CMC Sec. 34-32.b2).
☐Flood zone boundaries and floodwater surface elevation. If the
property proposed to be developed is within or adjacent to the 100 year
flood zone (Zone A or AE) or the National Flood Insurance Program,
Flood Insurance Rate Map, the extent of Zone A or AE shall be clearly
drawn on the tentative map and the 100 year flood water surface
elevation shall be shown. The map shall show the approximate location
of the Floodway Boundary as shown on the latest edition of the “Flood
Boundary and Floodway Map” published by the Federal Emergency
Management Agency.
☐CONTEXTUAL PLAN. Use topographic or aerial map as base. Show the
relationship of the project to the building and site features within 50 feet of the
property line. The plan shall include:
☐Building footprints, pad elevations and building height. Land use and
zoning designation on all lots.
☐Property lines and dimensions of the subject site and adjacent properties
showing all easements.
☐Location of streets, medians, curb cuts, sidewalks, driveways, and parking
areas.
☐Location of all creeks, waterways and trees.
☐Vicinity map indicating site in relation to major streets.
☐DENSITY BONUS. In addition to the other submittal requirements, projects
requesting a density bonus or concessions are required to submit plans for the
project that clearly indicate which units are the density bonus units.
☐BUILDING ELEVATIONS. Plans shall be drawn by a licensed Architect at
1/8”= 1’ minimum scale; dimensioned vertically and horizontally with sample
representations at ¼”= 1’ scale for detail areas. Elevations should not include
superimposed landscaping and trees that hide the buildings. Height is
Page 12 of 17
measured from natural grade established at subdivision. The plans shall
include:
☐Fully dimensioned elevations for buildings identifying materials, details
and features include visible plumbing, electrical meters and method of
concealment.
☐All four sides of all buildings.
☐Vertical dimensions from all points above natural, existing and finished
grade on all elevations.
☐Topography with natural, existing, and proposed grades accurately
represented to show building height to show the relationship of the building
to the site and adjacent properties.
☐Location, height and design of rooftop mechanical equipment and proposed
screening. Provide a section detail showing height of equipment in relation
to the height of the proposed screen structure.
☐Elevations and dimensions for existing structures to remain. Location and
type of building mounted exterior lighting.
☐Detailed building sections showing depth of reveals, projections, recesses,
etc.
☐Details of vents, gutters, downspouts, scuppers, external air conditioning
equipment, etc.
☐Details including materials and dimensions of door and window
treatments, railings, stairways, handicap ramps, trim, fascia, soffits,
columns, fences, and other elements which affect the building. Provide wall
sections at ½”=1’ scale to clarify detailing as appropriate.
☐FLOOR PLANS. Plan shall be drawn by a licensed Architect at 1/8”= 1’ or larger
scale.
☐Floor area diagrams must be provided with dimensions and tabulations of
each area of each floor.
☐Floor plans shall clearly indicate areas attributed to residential, non-
residential, and shared use and should show garages, parking areas, and
amenity spaces.
☐Floor plans shall include the square footage of residential space and related
residential facilities, non-residential uses, and structures uses by both
residential and non-residential uses.
Page 13 of 17
☐Floor plans shall clearly identify affordable units (City BMR and SB 35 units)
☐ROOF PLAN. Plan shall be drawn by a licensed Architect at 1/8”= 1’ or larger
scale. The plan shall include property lines, outline of building footprint,
ridgelines, valleys, flat roof areas, roof pitch and rooftop mechanical equipment,
and screening. Plans shall show existing roof forms and roof forms to be added
or changed.
☐TRUE CROSS-SECTIONS. A minimum of two cross-sections (more as needed
to showing varying site conditions) drawn at 1:1 scale (same scale used for both
vertical and horizontal axis), 1”=20’ minimum scale, with scale noted, and a
graphic bar scale, through critical portions of the site extending 50 feet beyond
the property line onto adjacent properties or to the property lines on the
opposite side of adjacent streets. Sections shall include existing topography,
slope lines, final grades, location and height of existing and proposed structures,
fences, walls, roadways, parking areas, landscaping, trees, and property lines.
Section locations shall be identified on the Site Plan.
☐COLOR AND MATERIALS BOARD. Samples of materials and color palette
representative of actual materials/colors for all buildings and structures.
Identify the name of manufacturer, product, style, identification numbers and
other pertinent information on the display. Displays should be no larger than
24” by 36”, except where actual material samples are presented.
☐LANDSCAPE PLANS. Plan shall be drawn at 1” = 20’ or larger scale by a
licensed Landscape Architect. The plan shall incorporate the proposed Grading
and Utility Plan, showing the location of existing and proposed utility lines and
utility structures screened back, but legible, and shall include the following:
☐Final planting plan showing proposed trees, shrubs and shrub groupings,
lawn, and groundcover areas, existing trees to be saved, stormwater
treatment areas, special paving, hardscape, and site furnishings. Include a
landscape legend with a list of proposed plant materials (indicate both Latin
and common name), including size, spacing, total quantities, ultimate
height, and spread of materials. Trees shall be a minimum of 24 gallon size
and shrubs a minimum of 5 gallon size. Accent or sub-shrubs may be 1-
gallon in size. Larger trees may be required depending on project location,
size, or other conditions.
☐Size, species, trunk location, and canopy of all existing trees (6” in diameter
or larger) on-site and on abutting property that could be affected by the
project. Identify which trees will remain and trees to be removed. Any tree
Page 14 of 17
proposed as mitigation for the removal of a protected tree shall be identified
as a replacement tree.
☐Show accurate representation of plant materials within three years.
☐Identify the location and screening of all above ground utilities and bio-
swales or other stormwater treatment areas with 1:10 scale cross sections
showing the planting within the bio-swales and screening of the utilities.
☐Provide enlarged details (minimum of 1:10 scale) for focal points and accent
areas.
☐Location and details and/or manufacturers catalogue cuts of walls, fences,
paving, decorative planters, trellises, arbors, and other related site
improvements.
☐Landscape plans with more than two sheets shall show the plant legend
with symbols for each species on every sheet.
☐Statement indicating that a fully automatic irrigation system will be
provided.
☐Color and materials submittal for all special paving, hardscape treatment,
walls, landscape lighting, and site furnishings.
☐The Landscape plan shall be coordinated and consistent with the
Stormwater Plan.
☐Note signed and dated by project Landscape Architect that plans are in
compliance with all City standards.
☐Provide information on landscaping used as screening for utility
equipment.
☐TREE SURVEY. Prepared by an ISA Certified Arborist, drawn at 1”=20’ scale,
showing accurate trunk location and drip line for all existing trees on the site
and adjacent to the site. For each tree, specify the species, diameter breast height
(DBH) as defined in Chapter 14.18.020, and base elevation and clearly indicate
if it is to be preserved or to be removed. Identify all Protected Trees as defined
in Chapter 14.18.020. Identify existing trees or plant materials on abutting
properties that could influence site design or be impacted by the project.
☐FENCE PLAN. Drawn at 1”=20’ scale showing the location, height and type of
all fences and walls.
Page 15 of 17
☐LIGHTING PLAN. Location and type of exterior lighting, both fixed to the
building and freestanding, any and all lights for circulation, security,
landscaping, building accent or other purpose.
☐PHOTOMETRIC PLAN. Indicate compliance with no lighting glare.
Photometric plan must indicate that lighting levels do not spill into adjacent
properties.
☐PHOTO-SIMULATIONS. Digital photo-simulations of the site with and
without the project, taken from various points off-site with the best visibility of
the project. Include a key map showing the location where each photo was
taken.
☐GRADING PLAN. Use the grading plans approved with any past subdivision
to indicate the natural grade and how the proposed project meets height
requirements based on this. If a subdivision is proposed, please indicate the new
proposed natural grade. The natural grade should not be modified to a great
extent unless necessary to meet engineering standards and specifications. Show
the relationship of the project to the building and site features within 50 feet.
The plan shall include:
☐Proposed building footprints, pad elevations and building height
☐Existing and proposed contours which can be easily differentiated (2ft
intervals if slope is 10% or less, 5 ft intervals for slopes greater than 10%)
☐Spot elevations of survey points
☐Source and date of the contour and spot elevation information
☐Limits of cut and fill
☐Grading Quantities (Cut and Fill Cubic Yards)
☐Cross-sections of the areas of greatest cut and greatest fill to scale
☐Topography and elevation of adjoining parcels (for a minimum of 50’)
☐Slope ratio
☐Show all existing and proposed retaining walls with TOW/BOW elevations.
☐SUBDIVISION PLAN. Provide a subdivision plan, if applicable. Please indicate
compliance with the objective zoning and subdivision development standards.
The plan shall comply with the City’s subdivision ordinance and shall include:
☐Existing Assessor’s Parcel Numbers
Page 16 of 17
☐A title which shall contain the subdivision number, name and type of
subdivision.
☐Name and address of legal owner, subdivider and person preparing the
map (include professional license number)
☐Date, north arrow, scale and contour interval
☐Land Use (existing and proposed)
☐Vicinity Map showing roads, adjoining subdivisions, Cities, creeks,
railroads, and other data sufficient to locate the proposed subdivision and
show its relation to the community.
☐Existing Trees, type, diameter at breast height (DBH) and indicate drip
line/canopy. Any trees proposed to be removed shall be clearly indicated.
☐Existing structures, approximate location and outline identified by type.
Buildings to be removed shall be clearly indicated.
☐Lot area with density per gross acre for each parcel (net square footage)
☐Existing and proposed lot line dimensions (bearings and distances)
☐Exhibits indicating compliance with objective zoning standards (e.g.
minimum lot sizes, lot widths etc.)
☐Areas subject to inundation or storm water overflow. Width and direction
of flow for each water course should be shown with approximate location.
☐Existing easements with widths, locations, type and sufficient recording
data to identify the conveyance (book and page of official records).
☐Proposed infrastructure including utilities and surface/street improvements
(both private and public). Show location and size of utilities. Show
proposed slopes and elevations of utilities and surface hardscape
improvements.
☐Accompanying data and reports to be supplied with Subdivision Plan:
☐Geologic and Geotechnical Report – A preliminary geotechnical report
is required by Section 16.12 of the Cupertino Municipal Code and shall
verify if there is a presence of critically expansive soils or other soil
problems, which, if not corrected, would lead to structural defects or
differential settlement of infrastructure, and shall provide
recommendations for necessary corrective action. The report shall
show all geological hazard zones identified in the General Plan and
which are known or portrayed in other geological studies for the area.
Page 17 of 17
It shall also include descriptions and physical characteristics on all
geological formations, anomalies, and earthquake characteristics.
Mitigation measures shall be identified for any geological hazard or
concern.
☐UTILITY PLAN. Prepared by a licensed Civil Engineer and drawn at 1”= 20’
scale, with scale noted, showing the location and dimensions of existing and
proposed utilities including water supply system, sanitary sewers and laterals,
drainage facilities/storm drainage system, wells, septic tanks, underground and
overhead electrical lines, utility poles, utility vaults, cabinets and meters,
transformers, underground irrigation and drainage lines, backflow prevention
and reduced pressure devices, electroliers, lighting fixtures, street lights, traffic
signal poles, traffic signal pull boxes, signal cabinets. Provide details on
screening utility equipment. Indicate compliance with Chapter 14.24.
☐STORMWATER CONTROL PLAN. See Stormwater Control Plan Application
Checklist. All Stormwater Plans shall be coordinated and consistent with all Site,
Grading, Utility, and Landscape Plans. If the project creates or replaces more
than 10,000 sq. ft. of impervious area, a Stormwater Control Plan is required,
and shall meet the standards and regulations established for the Municipal
Regional Stormwater NPDES Permit. Provide the following information to
determine if the project meets this threshold:
☐Site size in sq. ft.
☐Existing impervious surface area (all land covered by buildings, sheds,
patios, parking lots, streets, paved walkways, driveways, etc.) in sq. ft.
☐Impervious surface area created, added or replaced in sq. ft. Total
impervious surface area in sq. ft.
☐Percent increase/replacement of impervious surface area (new impervious
surface area in sq. ft./existing impervious surface area in sq. ft. multiplied
by 100).
☐Estimated area in sq. ft. of land disturbance during construction (including
clearing, grading or excavating.
State of California
GOVERNMENT CODE
Section 65913.4
65913.4. (a) A development proponent may submit an application for a development
that is subject to the streamlined, ministerial approval process provided by subdivision
(b) and is not subject to a conditional use permit if the development satisfies all of
the following objective planning standards:
(1) The development is a multifamily housing development that contains two or
more residential units.
(2) The development is located on a site that satisfies all of the following:
(A) A site that is a legal parcel or parcels located in a city if, and only if, the city
boundaries include some portion of either an urbanized area or urban cluster, as
designated by the United States Census Bureau, or, for unincorporated areas, a legal
parcel or parcels wholly within the boundaries of an urbanized area or urban cluster,
as designated by the United States Census Bureau.
(B) A site in which at least 75 percent of the perimeter of the site adjoins parcels
that are developed with urban uses. For the purposes of this section, parcels that are
only separated by a street or highway shall be considered to be adjoined.
(C) A site that is zoned for residential use or residential mixed-use development,
or has a general plan designation that allows residential use or a mix of residential
and nonresidential uses, with at least two-thirds of the square footage of the
development designated for residential use.
(3) (A) The development proponent has committed to record, prior to the issuance
of the first building permit, a land use restriction or covenant providing that any lower
income housing units required pursuant to subparagraph (B) of paragraph (4) shall
remain available at affordable housing costs or rent to persons and families of lower
income for no less than the following periods of time:
(i) Fifty-five years for units that are rented.
(ii) Forty-five years for units that are owned.
(B) The city or county shall require the recording of covenants or restrictions
implementing this paragraph for each parcel or unit of real property included in the
development.
(4) The development satisfies both of the following:
(A) Is located in a locality that the department has determined is subject to this
subparagraph on the basis that the number of units that have been issued building
permits is less than the locality’s share of the regional housing needs, by income
category, for that reporting period. A locality shall remain eligible under this
subparagraph until the department’s determination for the next reporting period.
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
(B) The development is subject to a requirement mandating a minimum percentage
of below market rate housing based on one of the following:
(i) The locality did not submit its latest production report to the department by the
time period required by Section 65400, or that production report reflects that there
were fewer units of above moderate-income housing issued building permits than
were required for the regional housing needs assessment cycle for that reporting
period. In addition, if the project contains more than 10 units of housing, the project
seeking approval dedicates a minimum of 10 percent of the total number of units to
housing affordable to households making below 80 percent of the area median income.
If the locality has adopted a local ordinance that requires that greater than 10 percent
of the units be dedicated to housing affordable to households making below 80 percent
of the area median income, that local ordinance applies.
(ii) The locality’s latest production report reflects that there were fewer units of
housing issued building permits affordable to either very low income or low-income
households by income category than were required for the regional housing needs
assessment cycle for that reporting period, and the project seeking approval dedicates
50 percent of the total number of units to housing affordable to households making
below 80 percent of the area median income, unless the locality has adopted a local
ordinance that requires that greater than 50 percent of the units be dedicated to housing
affordable to households making below 80 percent of the area median income, in
which case that local ordinance applies.
(iii) The locality did not submit its latest production report to the department by
the time period required by Section 65400, or if the production report reflects that
there were fewer units of housing affordable to both income levels described in clauses
(i) and (ii) that were issued building permits than were required for the regional
housing needs assessment cycle for that reporting period, the project seeking approval
may choose between utilizing clause (i) or (ii).
(5) The development, excluding any additional density or any other concessions,
incentives, or waivers of development standards granted pursuant to the Density
Bonus Law in Section 65915, is consistent with objective zoning standards, objective
subdivision standards, and objective design review standards in effect at the time that
the development is submitted to the local government pursuant to this section. For
purposes of this paragraph, “objective zoning standards,” “objective subdivision
standards,” and “objective design review standards” mean standards that involve no
personal or subjective judgment by a public official and are uniformly verifiable by
reference to an external and uniform benchmark or criterion available and knowable
by both the development applicant or proponent and the public official before
submittal. These standards may be embodied in alternative objective land use
specifications adopted by a city or county, and may include, but are not limited to,
housing overlay zones, specific plans, inclusionary zoning ordinances, and density
bonus ordinances, subject to the following:
(A) A development shall be deemed consistent with the objective zoning standards
related to housing density, as applicable, if the density proposed is compliant with
the maximum density allowed within that land use designation, notwithstanding any
specified maximum unit allocation that may result in fewer units of housing being
permitted.
(B) In the event that objective zoning, general plan, subdivision, or design review
standards are mutually inconsistent, a development shall be deemed consistent with
the objective zoning and subdivision standards pursuant to this subdivision if the
development is consistent with the standards set forth in the general plan.
(C) The amendments to this subdivision made by the act adding this subparagraph
do not constitute a change in, but are declaratory of, existing law.
(6) The development is not located on a site that is any of the following:
(A) A coastal zone, as defined in Division 20 (commencing with Section 30000)
of the Public Resources Code.
(B) Either prime farmland or farmland of statewide importance, as defined pursuant
to United States Department of Agriculture land inventory and monitoring criteria,
as modified for California, and designated on the maps prepared by the Farmland
Mapping and Monitoring Program of the Department of Conservation, or land zoned
or designated for agricultural protection or preservation by a local ballot measure that
was approved by the voters of that jurisdiction.
(C) Wetlands, as defined in the United States Fish and Wildlife Service Manual,
Part 660 FW 2 (June 21, 1993).
(D) Within a very high fire hazard severity zone, as determined by the Department
of Forestry and Fire Protection pursuant to Section 51178, or within a high or very
high fire hazard severity zone as indicated on maps adopted by the Department of
Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.
This subparagraph does not apply to sites excluded from the specified hazard zones
by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have
adopted fire hazard mitigation measures pursuant to existing building standards or
state fire mitigation measures applicable to the development.
(E) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous
waste site designated by the Department of Toxic Substances Control pursuant to
Section 25356 of the Health and Safety Code, unless the Department of Toxic
Substances Control has cleared the site for residential use or residential mixed uses.
(F) Within a delineated earthquake fault zone as determined by the State Geologist
in any official maps published by the State Geologist, unless the development complies
with applicable seismic protection building code standards adopted by the California
Building Standards Commission under the California Building Standards Law (Part
2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code),
and by any local building department under Chapter 12.2 (commencing with Section
8875) of Division 1 of Title 2.
(G) Within a special flood hazard area subject to inundation by the 1 percent annual
chance flood (100-year flood) as determined by the Federal Emergency Management
Agency in any official maps published by the Federal Emergency Management
Agency. If a development proponent is able to satisfy all applicable federal qualifying
criteria in order to provide that the site satisfies this subparagraph and is otherwise
eligible for streamlined approval under this section, a local government shall not deny
the application on the basis that the development proponent did not comply with any
additional permit requirement, standard, or action adopted by that local government
that is applicable to that site. A development may be located on a site described in
this subparagraph if either of the following are met:
(i) The site has been subject to a Letter of Map Revision prepared by the Federal
Emergency Management Agency and issued to the local jurisdiction.
(ii) The site meets Federal Emergency Management Agency requirements necessary
to meet minimum flood plain management criteria of the National Flood Insurance
Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing
with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal
Regulations.
(H) Within a regulatory floodway as determined by the Federal Emergency
Management Agency in any official maps published by the Federal Emergency
Management Agency, unless the development has received a no-rise certification in
accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
If a development proponent is able to satisfy all applicable federal qualifying criteria
in order to provide that the site satisfies this subparagraph and is otherwise eligible
for streamlined approval under this section, a local government shall not deny the
application on the basis that the development proponent did not comply with any
additional permit requirement, standard, or action adopted by that local government
that is applicable to that site.
(I) Lands identified for conservation in an adopted natural community conservation
plan pursuant to the Natural Community Conservation Planning Act (Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat
conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C.
Sec. 1531 et seq.), or other adopted natural resource protection plan.
(J) 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 federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the
California Endangered Species Act (Chapter 1.5 (commencing with Section 2050)
of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter
10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(K) Lands under conservation easement.
(7) The development is not located on a site where any of the following apply:
(A) The development would require the demolition of the following types of
housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public
entity’s valid exercise of its police power.
(iii) Housing that has been occupied by tenants within the past 10 years.
(B) The site was previously used for housing that was occupied by tenants that
was demolished within 10 years before the development proponent submits an
application under this section.
(C) The development would require the demolition of a historic structure that was
placed on a national, state, or local historic register.
(D) The property contains housing units that are occupied by tenants, and units at
the property are, or were, subsequently offered for sale to the general public by the
subdivider or subsequent owner of the property.
(8) The development proponent has done both of the following, as applicable:
(A) Certified to the locality that either of the following is true, as applicable:
(i) The entirety of the development is a public work for purposes of Chapter 1
(commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(ii) If the development is not in its entirety a public work, that all construction
workers employed in the execution of the development will be paid at least the general
prevailing rate of per diem wages for the type of work and geographic area, as
determined by the Director of Industrial Relations pursuant to Sections 1773 and
1773.9 of the Labor Code, except that apprentices registered in programs approved
by the Chief of the Division of Apprenticeship Standards may be paid at least the
applicable apprentice prevailing rate. If the development is subject to this subparagraph,
then for those portions of the development that are not a public work all of the
following shall apply:
(I) The development proponent shall ensure that the prevailing wage requirement
is included in all contracts for the performance of the work.
(II) All contractors and subcontractors shall pay to all construction workers
employed in the execution of the work at least the general prevailing rate of per diem
wages, except that apprentices registered in programs approved by the Chief of the
Division of Apprenticeship Standards may be paid at least the applicable apprentice
prevailing rate.
(III) Except as provided in subclause (V), all contractors and subcontractors shall
maintain and verify payroll records pursuant to Section 1776 of the Labor Code and
make those records available for inspection and copying as provided therein.
(IV) Except as provided in subclause (V), the obligation of the contractors and
subcontractors to pay prevailing wages may be enforced by the Labor Commissioner
through the issuance of a civil wage and penalty assessment pursuant to Section 1741
of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor
Code, within 18 months after the completion of the development, by an underpaid
worker through an administrative complaint or civil action, or by a joint
labor-management committee though a civil action under Section 1771.2 of the Labor
Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor,
and surety on a bond or bonds issued to secure the payment of wages covered by the
assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the
Labor Code.
(V) Subclauses (III) and (IV) shall not apply if all contractors and subcontractors
performing work on the development are subject to a project labor agreement that
requires the payment of prevailing wages to all construction workers employed in the
execution of the development and provides for enforcement of that obligation through
an arbitration procedure. For purposes of this clause, “project labor agreement” has
the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of
the Public Contract Code.
(VI) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the
requirement that employer payments not reduce the obligation to pay the hourly
straight time or overtime wages found to be prevailing shall not apply if otherwise
provided in a bona fide collective bargaining agreement covering the worker. The
requirement to pay at least the general prevailing rate of per diem wages does not
preclude use of an alternative workweek schedule adopted pursuant to Section 511
or 514 of the Labor Code.
(B) (i) For developments for which any of the following conditions apply, certified
that a skilled and trained workforce shall be used to complete the development if the
application is approved:
(I) On and after January 1, 2018, until December 31, 2021, the development consists
of 75 or more units with a residential component that is not 100 percent subsidized
affordable housing and will be located within a jurisdiction located in a coastal or
bay county with a population of 225,000 or more.
(II) On and after January 1, 2022, until December 31, 2025, the development
consists of 50 or more units with a residential component that is not 100 percent
subsidized affordable housing and will be located within a jurisdiction located in a
coastal or bay county with a population of 225,000 or more.
(III) On and after January 1, 2018, until December 31, 2019, the development
consists of 75 or more units with a residential component that is not 100 percent
subsidized affordable housing and will be located within a jurisdiction with a
population of fewer than 550,000 and that is not located in a coastal or bay county.
(IV) On and after January 1, 2020, until December 31, 2021, the development
consists of more than 50 units with a residential component that is not 100 percent
subsidized affordable housing and will be located within a jurisdiction with a
population of fewer than 550,000 and that is not located in a coastal or bay county.
(V) On and after January 1, 2022, until December 31, 2025, the development
consists of more than 25 units with a residential component that is not 100 percent
subsidized affordable housing and will be located within a jurisdiction with a
population of fewer than 550,000 and that is not located in a coastal or bay county.
(ii) For purposes of this section, “skilled and trained workforce” has the same
meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of
Division 2 of the Public Contract Code.
(iii) If the development proponent has certified that a skilled and trained workforce
will be used to complete the development and the application is approved, the following
shall apply:
(I) The applicant shall require in all contracts for the performance of work that
every contractor and subcontractor at every tier will individually use a skilled and
trained workforce to complete the development.
(II) Every contractor and subcontractor shall use a skilled and trained workforce
to complete the development.
(III) Except as provided in subclause (IV), the applicant shall provide to the locality,
on a monthly basis while the development or contract is being performed, a report
demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part
1 of Division 2 of the Public Contract Code. A monthly report provided to the locality
pursuant to this subclause shall be a public record under the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and shall
be open to public inspection. An applicant that fails to provide a monthly report
demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part
1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten
thousand dollars ($10,000) per month for each month for which the report has not
been provided.Any contractor or subcontractor that fails to use a skilled and trained
workforce shall be subject to a civil penalty of two hundred dollars ($200) per day
for each worker employed in contravention of the skilled and trained workforce
requirement. Penalties may be assessed by the Labor Commissioner within 18 months
of completion of the development using the same procedures for issuance of civil
wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may
be reviewed pursuant to the same procedures in Section 1742 of the Labor Code.
Penalties shall be paid to the State Public Works Enforcement Fund.
(IV) Subclause (III) shall not apply if all contractors and subcontractors performing
work on the development are subject to a project labor agreement that requires
compliance with the skilled and trained workforce requirement and provides for
enforcement of that obligation through an arbitration procedure. For purposes of this
subparagraph, “project labor agreement” has the same meaning as set forth in paragraph
(1) of subdivision (b) of Section 2500 of the Public Contract Code.
(C) Notwithstanding subparagraphs (A) and (B), a development that is subject to
approval pursuant to this section is exempt from any requirement to pay prevailing
wages or use a skilled and trained workforce if it meets both of the following:
(i) The project includes 10 or fewer units.
(ii) The project is not a public work for purposes of Chapter 1 (commencing with
Section 1720) of Part 7 of Division 2 of the Labor Code.
(9) The development did not or does not involve a subdivision of a parcel that is,
or, notwithstanding this section, would otherwise be, subject to the Subdivision Map
Act (Division 2 (commencing with Section 66410)) or any other applicable law
authorizing the subdivision of land, unless the development is consistent with all
objective subdivision standards in the local subdivision ordinance, and either of the
following apply:
(A) The development has received or will receive financing or funding by means
of a low-income housing tax credit and is subject to the requirement that prevailing
wages be paid pursuant to subparagraph (A) of paragraph (8).
(B) The development is subject to the requirement that prevailing wages be paid,
and a skilled and trained workforce used, pursuant to paragraph (8).
(10) The development shall not be upon an existing parcel of land or site that is
governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with
Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational
Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of
Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part
2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code),
or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of
Division 13 of the Health and Safety Code).
(b) (1) If a local government determines that a development submitted pursuant
to this section is in conflict with any of the objective planning standards specified in
subdivision (a), it shall provide the development proponent written documentation
of which standard or standards the development conflicts with, and an explanation
for the reason or reasons the development conflicts with that standard or standards,
as follows:
(A) Within 60 days of submittal of the development to the local government
pursuant to this section if the development contains 150 or fewer housing units.
(B) Within 90 days of submittal of the development to the local government
pursuant to this section if the development contains more than 150 housing units.
(2) If the local government fails to provide the required documentation pursuant
to paragraph (1), the development shall be deemed to satisfy the objective planning
standards specified in subdivision (a).
(c) (1) Any design review or public oversight of the development may be conducted
by the local government’s planning commission or any equivalent board or commission
responsible for review and approval of development projects, or the city council or
board of supervisors, as appropriate. That design review or public oversight shall be
objective and be strictly focused on assessing compliance with criteria required for
streamlined projects, as well as any reasonable objective design standards published
and adopted by ordinance or resolution by a local jurisdiction before submission of
a development application, and shall be broadly applicable to development within
the jurisdiction. That design review or public oversight shall be completed as follows
and shall not in any way inhibit, chill, or preclude the ministerial approval provided
by this section or its effect, as applicable:
(A) Within 90 days of submittal of the development to the local government
pursuant to this section if the development contains 150 or fewer housing units.
(B) Within 180 days of submittal of the development to the local government
pursuant to this section if the development contains more than 150 housing units.
(2) If the development is consistent with the requirements of subparagraph (A) or
(B) of paragraph (9) of subdivision (a) and is consistent with all objective subdivision
standards in the local subdivision ordinance, an application for a subdivision pursuant
to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be
exempt from the requirements of the California Environmental Quality Act (Division
13 (commencing with Section 21000) of the Public Resources Code) and shall be
subject to the public oversight timelines set forth in paragraph (1).
(d) (1) Notwithstanding any other law, a local government, whether or not it has
adopted an ordinance governing automobile parking requirements in multifamily
developments, shall not impose automobile parking standards for a streamlined
development that was approved pursuant to this section in any of the following
instances:
(A) The development is located within one-half mile of public transit.
(B) The development is located within an architecturally and historically significant
historic district.
(C) When on-street parking permits are required but not offered to the occupants
of the development.
(D) When there is a car share vehicle located within one block of the development.
(2) If the development does not fall within any of the categories described in
paragraph (1), the local government shall not impose automobile parking requirements
for streamlined developments approved pursuant to this section that exceed one
parking space per unit.
(e) (1) If a local government approves a development pursuant to this section,
then, notwithstanding any other law, that approval shall not expire if the project
includes public investment in housing affordability, beyond tax credits, where 50
percent of the units are affordable to households making below 80 percent of the area
median income.
(2) If a local government approves a development pursuant to this section and the
project does not include 50 percent of the units affordable to households making
below 80 percent of the area median income, that approval shall automatically expire
after three years except that a project may receive a one-time, one-year extension if
the project proponent can provide documentation that there has been significant
progress toward getting the development construction ready, such as filing a building
permit application.
(3) If a local government approves a development pursuant to this section, that
approval shall remain valid for three years from the date of the final action establishing
that approval and shall remain valid thereafter for a project so long as vertical
construction of the development has begun and is in progress. Additionally, the
development proponent may request, and the local government shall have discretion
to grant, an additional one-year extension to the original three-year period. The local
government’s action and discretion in determining whether to grant the foregoing
extension shall be limited to considerations and process set forth in this section.
(f) A local government shall not adopt any requirement, including, but not limited
to, increased fees or inclusionary housing requirements, that applies to a project solely
or partially on the basis that the project is eligible to receive ministerial or streamlined
approval pursuant to this section.
(g) This section shall not affect a development proponent’s ability to use any
alternative streamlined by right permit processing adopted by a local government,
including the provisions of subdivision (i) of Section 65583.2.
(h) The California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) does not apply to actions taken by a
state agency or local government to lease, convey, or encumber land owned by the
local government or to facilitate the lease, conveyance, or encumbrance of land owned
by the local government, or to provide financial assistance to a development that
receives streamlined approval pursuant to this section that is to be used for housing
for persons and families of very low, low, or moderate income, as defined in Section
50093 of the Health and Safety Code.
(i) For purposes of this section, the following terms have the following meanings:
(1) “Affordable housing cost” has the same meaning as set forth in Section 50052.5
of the Health and Safety Code.
(2) “Affordable rent” has the same meaning as set forth in Section 50053 of the
Health and Safety Code.
(3) “Department” means the Department of Housing and Community Development.
(4) “Development proponent” means the developer who submits an application
for streamlined approval pursuant to this section.
(5) “Completed entitlements” means a housing development which has received
all the required land use approvals or entitlements necessary for the issuance of a
building permit.
(6) “Locality” or “local government” means a city, including a charter city, a
county, including a charter county, or a city and county, including a charter city and
county.
(7) “Production report” means the information reported pursuant to subparagraph
(H) of paragraph (2) of subdivision (a) of Section 65400.
(8) “State agency” includes every state office, officer, department, division, bureau,
board, and commission, but does not include the California State University or the
University of California.
(9) “Subsidized” means units that are price or rent restricted such that the units
are permanently affordable to households meeting the definitions of very low and
lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety
Code.
(10) “Reporting period” means either of the following:
(A) The first half of the regional housing needs assessment cycle.
(B) The last half of the regional housing needs assessment cycle.
(11) “Urban uses” means any current or former residential, commercial, public
institutional, transit or transportation passenger facility, or retail use, or any
combination of those uses.
(j) The department may review, adopt, amend, and repeal guidelines to implement
uniform standards or criteria that supplement or clarify the terms, references, or
standards set forth in this section. Any guidelines or terms adopted pursuant to this
subdivision shall not be subject to Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
(k) The determination of whether an application for a development is subject to
the streamlined ministerial approval process provided by subdivision (b) is not a
“project” as defined in Section 21065 of the Public Resources Code.
(l) It is the policy of the state that this section be interpreted and implemented in
a manner to afford the fullest possible weight to the interest of, and the approval and
provision of, increased housing supply.
(m) This section shall remain in effect only until January 1, 2026, and as of that
date is repealed.
(Amended by Stats. 2018, Ch. 840, Sec. 2. (SB 765) Effective January 1, 2019. Repealed as of January
1, 2026, by its own provisions. )
Streamlined Ministerial
Approval Process
(Chapter 366, Statutes of 2017)
Guidelines
State of California
Governor Edmund G. Brown Jr.
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
Ben Metcalf, Director
Department of Housing and Community Development
Zachary Olmstead, Deputy Director
Division of Housing Policy Development
Division of Housing Policy Development
2020 West El Camino Avenue, Suite 500
Sacramento, CA 95833
November 29, 2018
The matters set forth herein are regulatory mandates, and are adopted in
accordance with the authorities set forth below:
Quasi-legislative regulations … have the dignity of statutes … [and]…
delegation of legislative authority includes the power to elaborate the meaning
of key statutory terms…
Ramirez v. Yosemite Water Co., 20 Cal. 4th 785, 800 (1999)
The Department may review, adopt, amend, and repeal guidelines to
implement uniform standards or criteria that supplement or clarify the terms,
references, or standards set forth in this section. Any guidelines or terms
adopted pursuant to this subdivision shall not be subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.
Government Code section 65913.4, subdivision (j)
Government Code section 65913.4 relates to the resolution of a statewide
concern and is narrowly tailored to limit any incursion into any legitimate
municipal interests, and therefore the provisions of Government Code section
65913.4, as supplemented and clarified by these Guidelines, are
constitutional in all respects and preempt any and all inconsistent laws,
ordinances, regulations, policies or other legal requirements imposed by any
locality.
Streamlined Ministerial Approval Process
Development Approval Process
Program Guidelines
Table of Contents
Contents
INTRODUCTION ............................................................................................................... 1
ARTICLE I. GENERAL PROVISIONS ............................................................................... 2
Section 100. Purpose and Scope ................................................................................. 2
Section 101. Applicability .............................................................................................. 2
Section 102. Definitions ................................................................................................ 2
ARTICLE II. STREAMLINED MINISTERIAL APPROVAL PROCESS
DETERMINATION............................................................................................................. 5
Section 200. Methodology ............................................................................................ 5
Section 201. Timing and Publication Requirements ...................................................... 7
ARTICLE III. APPROVAL PROCESS ............................................................................... 7
Section 300. Local Government Responsibility ............................................................ 7
Section 301. Development Review and Approval ....................................................... 10
ARTICLE IV. DEVELOPMENT ELIGIBILITY ................................................................... 14
Section 400. Housing Type Requirements ................................................................. 14
Section 401. Site Requirements ................................................................................. 14
Section 402. Affordability Provisions ........................................................................... 19
Section 403. Labor Provisions .................................................................................... 21
Section 404. Additional Provisions.............................................................................. 25
ARTICLE V. REPORTING .............................................................................................. 25
Section 500. Reporting Requirements ........................................................................ 25
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INTRODUCTION
Chapter 366, Statutes of 2017 (SB 35, Wiener) was part of a 15 bill housing package aimed at
addressing the state’s housing shortage and high housing costs. Specifically, it requires the
availability of a Streamlined Ministerial Approval Process for developments in localities that
have not yet made sufficient progress towards their allocation of the regional housing need.
Eligible developments must include a specified level of affordability, be on an infill site, comply
with existing residential and mixed use general plan or zoning provisions, and comply with
other requirements such as locational and demolition restrictions. The intent of the legislation
is to facilitate and expedite the construction of housing. In addition, as part of the legislation,
the Legislature found ensuring access to affordable housing is a matter of statewide concern
and declared that the provisions of SB 35 would apply to all cities and counties, including a
charter city, a charter county, or a charter city and county. Please note, the Department of
Housing and Community Development (Department) may take action in cases where these
guidelines are not adhered to under its existing accountability and enforcement authority.
Guidelines for the Streamlined Ministerial Approval Process are organized into five Articles, as
follows:
Article I. General Provisions: This article includes information on the purpose of the guidelines,
applicability, and definitions used throughout the document.
Article II. Determination Methodology: This article describes the methodology for which the
Department shall determine which localities are subject to the Streamlined Ministerial Approval
Process.
Article III. Approval Process: This article describes the parameters of the approval process,
including local government responsibilities, approval processes, and general provisions.
1) Local Government Responsibility – This section specifies the types of requirements
localities can require a development to adhere to in order to determine consistency with
general plan and zoning standards, including objective standards, controlling planning
documents, and parking.
2) Development Review and Approval – This section details the types of hearings and review
allowed under the Streamlined Ministerial Approval Process, timing provisions for
processing and approving an application, denial requirements, and timeframes related to
the longevity of the approval.
Article IV. Development Eligibility: This article describes the requirements for developments in
order to apply for streamlining including type of housing, site requirements, affordability
provisions, and labor provisions.
Article V. Reporting: This article describes reporting requirements specific to the Streamlined
Ministerial Approval Process in the locality’s annual progress report on the general plan.
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ARTICLE I. GENERAL PROVISIONS
Section 100. Purpose and Scope
(a) These Guidelines (hereinafter “Guidelines”) implement, interpret, and make specific the
Chapter 366, Statutes of 2017 (SB 35, W iener), and subsequent amendments
(hereinafter “Streamlined Ministerial Approval Process”) as authorized by Government
Code section 65913.4.
(b) These Guidelines establish terms, conditions and procedures for a development
proponent to submit an application for a development to a locality that is subject to the
Streamlined Ministerial Approval Process provided by Government Code section 65913.4.
(c) It is the intent of the Legislature to provide reforms and incentives to facilitate and
expedite the construction of affordable housing. Therefore these Guidelines shall be
interpreted and implemented in a manner to afford the fullest possible weight to the
interest of increasing housing supply.
(d) These Guidelines shall remain in effect until January 1, 2026, and as of that date are
repealed.
NOTE: Authority cited: Government Code section 65913.4(j). Reference cited:
Government Code section 65582.1 and 65913.4(l) and (m).
Section 101. Applicability
(a) The provisions of Government Code section 65913.4 are effective as of January 1, 2018.
(b) These Guidelines are applicable to applications submitted on or after January 1, 2019.
Nothing in these Guidelines may be used to invalidate or require a modification to a
development approved through the Streamlined Ministerial Approval Process prior to the
effective date.
(c) These Guidelines are applicable to both general law and charter cities, including a charter
city and county.
NOTE: Authority cited: Government Code section 65913.4(j). Reference cited:
Government Code section 65913.4(i)(6).
Section 102. Definitions
All terms not defined below shall, unless their context suggests otherwise, be interpreted in
accordance with the meaning of terms described in Government Code section 65913.4
(a) “Annual Progress Report (APR)” means the housing element annual progress report
required by Government Code section 65400 and due to the Department April 1 of each
year reporting on the prior calendar year’s permitting activities and implementation of the
programs in a local government’s housing element.
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(b) “Application” means a submission containing such information necessary for the locality
to determine whether the development complies with the criteria outlined in Article IV of
these Guidelines. This may include a checklist or other application documents generated
by the local government pursuant to Section 300(a) that specifies in detail the information
required to be included in an application, provided that the information is only that
required to determine compliance with objective standards and criteria outlined in article
IV of these Guidelines.
(c) “Area Median Income (AMI)” means the median family income of a geographic area of the
state, as published annually by the Department within the State Income Limits:
http://www.hcd.ca.gov/grants-funding/income-limits/index.shtml.
(d) “Car share vehicle” is an automobile rental model where people rent cars from a car-
sharing network for roundtrip or one-way where vehicles are returned to a dedicated or
reserved parking location. An example of such a service is Zipcar.
(e) “Density Bonus” means the same as Government Code section 65915.
(f) “Department” means the Department of Housing and Community Development.
(g) “Determination” means the published identification, periodically updated, by the
Department of those local governments that are required to make the Streamlined
Ministerial Approval Process available per these Guidelines.
(h) “Development proponent or applicant” means the owner of the property, or person or
entity with the written authority of the owner, that submits an application for streamlined
approval..
(i) “Fifth housing element planning period” means the five- or eight-year time period between
the due date for the fifth revision of the housing element and the due date for the sixth
revision of the housing element pursuant to Government Code section 65588(f)..
(j) “Infill” means at least 75 percent of the linear measurement of the perimeter of the site
adjoins parcels that are developed with urban uses. For the purposes of this definition,
parcels that are only separated by a street or highway shall be considered to be adjoined.
(k) “Locality” or “local government” means a city, including a charter city, a county, including
a charter county, or a city and county, including a charter city and county.
(l) “Low-Income” means households earning 50 to 80 percent of AMI.
(m) “Lower-income” means households earning 80 percent or less of AMI pursuant to Health
and Safety Code section 50079.5.
(n) “Ministerial processing or approval” means a process for development approval involving
little or no personal judgment by the public official as to the wisdom or manner of carrying
out the project. The public official merely ensures that the proposed development meets
all the "objective zoning standards," "objective subdivision standards," and "objective
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design review standards" in effect at the time that the application is submitted to the local
government, but uses no special discretion or judgment in reaching a decision.
(o) “Multifamily” means a housing development with two or more attached residential units.
The definition does not include accessory dwelling units unless the project is for new
construction of a single-family home with an attached accessory dwelling units in a zone
that allows for multifamily. Please note, accessory dwelling units have a separate
permitting process pursuant to Government Code section 65852.2
(p) “Objective zoning standard”, “objective subdivision standard”, and “objective design
review standard” means standards that involve no personal or subjective judgment by a
public official and are uniformly verifiable by reference to an external and uniform
benchmark or criterion available and knowable by both the development applicant or
proponent and the public official prior to submittal. “Objective design review standards”
means only objective design standards published and adopted by ordinance or resolution
by a local jurisdiction before submission of a development application, which are broadly
applicable to development within the jurisdiction.
(q) “Project labor agreement” has the same meaning as set forth in paragraph (1) of
subdivision (b) of Section 2500 of the Public Contract Code.
(r) “Public transit” means a site containing an existing rail transit station (e.g. light rail, Metro,
or BART), a ferry terminal served by either a bus or rail transit service, or the intersection
of two or more major bus routes with a frequency of service interval of 15 minutes or less
during the morning and afternoon peak commute periods. For purposes of these
Guidelines, measurements for frequency of bus service can include multiple bus lines.
(s) “Public works project” means developments which meet the criteria of Chapter 1
(commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(t) “Regional housing need” means the local government’s share of the regional housing
need allocation as determined by Article 10.6 of the Government Code.
(u) "Related facilities" means any manager's units and any and all common area spaces that
are included within the physical boundaries of the housing development, including, but not
limited to, common area space, walkways, balconies, patios, clubhouse space, meeting
rooms, laundry facilities, and parking areas that are exclusively available to residential
users, except any portions of the overall development that are specifically commercial
space.
(v) “Reporting period” means the timeframe for which APRs are utilized to create the
determination for which a locality is subject to the Streamlined Ministerial Approval
Process. The timeframes are calculated in relationship to the planning period of the
housing element pursuant to Government Code section 65588 and are cumulative
through the most recent calendar year.
(w) “Skilled and trained workforce” has the same meaning as provided in Chapter 2.9
(commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
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(x) “Subsidized” means units that are price or rent restricted such that the units are
permanently affordable to households meeting the definitions of very low and lower
income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code. For
the purposes of these Guidelines, the word “permanently” has the same meaning
described in Section 402(b).
(y) “Tenant” means a person who occupies land or property rented or leased for use as a
residence.
(z) “Urban uses” means any current or former residential, commercial, public institutional,
transit or transportation passenger facility, or retail use, or any combination of those uses.
(aa) “Very low-income” means households earning less than 50 percent or less of AMI
pursuant to Health and Safety Code section 50105.
NOTE: Authority cited: Government Code section 65913.4(j). Reference cited:
Government Code section 65913.4.
ARTICLE II. STREAMLINED MINISTERIAL APPROVAL PROCESS DETERMINATION
Section 200. Methodology
(a) The Department will calculate the determination, as defined in Section 102(g), based on
permit data received through APRs at the mid-point of the housing element planning
period pursuant to Government Code section 65488 and at the end point of the planning
period.
(1) APRs, as defined in Section 102(a), report on calendar years, while housing element
planning periods may begin and end at various times throughout the year. When a
planning period begins after July, the APR for that year is attributed to the prior
housing element planning period. When the planning period ends before July 1, the
APR for that year will be attributed to the following housing element planning period.
(b) The determination is based on permitting progress toward a pro-rata share of the regional
housing need for the reporting period.
(1) Determinations calculated at the mid-point of the planning period are based upon
permitting progress toward a pro-rata share of half (50 percent), of the regional
housing need, while determinations calculated at the end of the planning period are
based upon permitting progress towards the entirety (100 percent) of the regional
housing need.
(2) For localities, as defined in Section 102(k), on a 5-year planning period, the mid-
point determination is based upon a pro-rata share of the regional housing need for
the first three years in the planning period, and 60 percent of the regional housing
need.
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(3) The determination applies to all localities beginning January 1, 2018, regardless of
whether a locality has reached the mid-point of the fifth housing element planning
period. For those local governments that have achieved the mid-point of the fifth
housing element planning period, the reporting period includes the start of the
planning period until the mid-point, and the next determination reporting period
includes the start of the planning period until the end point of the planning period. In
the interim period between the effective date of the Streamlined Ministerial Approval
Process, until a locality reaches the mid-point in the fifth housing element planning
period, the Department will calculate the determination yearly. This formula is based
upon the permitting progress towards a pro-rata share of the regional housing need,
dependent on how far the locality is in the planning period, until the mid-point of the
fifth housing element planning period is reached. See example below.
(c) To determine if a locality is subject to the Streamlined Ministerial Approval Process for
developments with 10 percent of units affordable to lower-income households, the
Department shall compare the permit data received through the APR to the pro-rata share
of their above-moderate income regional housing need for the current housing element
planning period. If a local government has permitted less than the pro-rata share of their
above-moderate income regional housing need, then the jurisdiction will be subject to the
Streamlined Ministerial Approval Process for developments with 10 percent affordability.
(d) Local governments that do not submit their latest required APR prior to the Department’s
determination are subject to the Streamlined Ministerial Approval Process for
developments with 10 percent of units affordable to lower-income households.
(e) To determine if a locality is subject to the Streamlined Ministerial Approval Process for
developments with 50 percent of units affordable to lower-income households, the
Department shall compare the permit data received through the APR to the pro-rata share
of their independent very-low and low-income regional housing need for the current
housing element planning period. If a local government has permitted the pro-rata share
of their above-moderate income regional housing need, and submitted their latest
required APR, but has permitted less than the pro-rata share of their very-low and lower
income regional housing need, they will be subject to the Streamlined Ministerial Approval
Example Calculation
For a locality two years into the reporting period, the determination is
calculated at two out of eight years of the planning period and will be based
upon a pro-rata share of two-eighths, or 25 percent, of the regional housing
need, and the following year, for the same locality, the determination will be
calculated at three out of eight years of the planning period based upon a
pro-rata share of three-eighths, or 37.5 percent, of the regional housing need,
and the following year for the same locality the determination will be
calculated at four out of eight years of the planning period based upon a pro-
rata share of four-eighths, or 50 percent, of the regional housing need. At that
point, the locality will reach its mid-point of the planning period and the
determination, the pro-rata share, and the permitting progress toward the pro-
rata share will hold until the locality reaches the end-point of the planning
period.
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Process for developments with 50 percent affordability. For purposes of these Guidelines,
as the definition of lower-income is inclusive of very low-income units. Very low -income
units permitted in excess of the very low-income need can be applied to demonstrate
progress towards the lower-income need. However, as the definition of very low-income
units does not include low-income units. Low-income units permitted in excess of the low-
income need cannot be applied to demonstrate progress towards the very low-income
need.
(f) To determine if a locality is not subject to the Streamlined Ministerial Approval Process,
the permit data from the APR shall demonstrate that the locality has permitted the entirety
of the pro-rata share of units for the above moderate-, low-, and very low- income
categories of the regional housing need for the relevant reporting period, and has
submitted the latest APR.
(g) The Department’s determination will be in effect until the Department calculates the
determination for the next reporting period unless updated pursuant to Section 201. A
locality’s status on the date the application is submitted determines whether an
application is subject to the Streamlined Ministerial Approval Process, and also
determines which level of affordability (10 or 50 percent) an applicant must provide to be
eligible for streamlined ministerial permitting.
NOTE: Authority cited: Government Code section 65913.4(j). Reference cited:
Government Code section 65913.4(a)(4).
Section 201. Timing and Publication Requirements
The Department shall publish the determination by June 30 of each year, accounting for the
APR due April 1 of each year, though this determination may be updated more frequently
based on the availability of data, data corrections, or the receipt of new information. The
Department shall publish the determination on the Department’s website.
NOTE: Authority cited: Government Code section 65913.4(j). Reference cited:
Government Code section 65913.4(a)(4).
ARTICLE III. APPROVAL PROCESS
Section 300. Local Government Responsibility
(a) A local government that has been designated as subject to the Streamlined Ministerial
Approval Process by the Department shall provide information, in a manner readily
accessible to the general public, about the locality’s process for applying and receiving
ministerial approval, materials required for an application as defined in Section 102(b),
and relevant objective standards to be used to evaluate the application. The information
provided may include reference documents and lists of other information needed to
enable the local government to determine if the application is consistent with objective
standards, consistent with Section 102(b). This can be through the use of checklists,
maps, diagrams, flow charts, or other formats. The locality’s process and application
requirements shall not in any way inhibit, chill, or preclude the ministerial approval
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process, which must be strictly focused on assessing compliance with the criteria required
for streamlined projects in Article IV of these guidelines.
(b) Determination of consistency
(1) When determining consistency with objective zoning, subdivision, or design review
standards, the local government can only use those standards that meet the
definition referenced in Section 102(p). For example, design review standards that
require subjective decision-making, such as consistency with “neighborhood
character”, cannot be applied as an objective standard unless “neighborhood
character” is defined in such a manner that is non-discretionary.
(2) General plan or zoning ordinance requirements for a specific plan or another
discretionary permit do not necessarily constitute objective zoning standard. A
locality may not require a development proponent to meet any standard for which
the locality typically exercises subjective discretion, on a case-by-case basis, about
whether to impose that standard on similarly situated development proposals.
(3) Modifications to objective standards granted as part of a density bonus concession,
incentive, parking reduction, or waiver of development standards pursuant to Density
Bonus Law Government Code section 65915,1 or a local density bonus ordinance,
shall be considered consistent with objective standards.
(4) Project eligibility for a density bonus concession, incentive, parking reduction, or
waiver of development standards shall be determined consistent with Density Bonus
Law.
(5) Objective standards may be embodied in alternative objective land use
specifications adopted by a city or county, and may include, but are not limited to,
the general plan, housing overlay zones, specific plans, inclusionary zoning
ordinances, and density bonus ordinances.
(6) In the event that objective zoning, general plan, subdivision, or design review
standards are mutually inconsistent, a development shall be deemed consistent with
the objective standards pursuant to Section 400(c) of these Guidelines if the
development is consistent with the standards set forth in the general plan.
1 Amended 1/9/19 -Grammatical correction
Example Design Review
Objective design review could include use of specific materials or styles, such
as Spanish-style tile roofs or roof pitches with a slope of 1:5. Architectural
design requirements such as “craftsman style architecture” could be used so
long as the elements of “craftsman style architecture” are clearly defined (e.g.,
“porches with thick round or square columns and low-pitched roofs with wide
eaves), ideally with illustrations.
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(7) Developments are only subject to objective zoning standards, objective subdivision
standards, and objective design review standards enacted and in effect at the time
that the application is submitted to the local government.
(8) Determination of consistency with objective standards shall be interpreted and
implemented in a manner to afford the fullest possible weight to the interest of, and
the approval and provision of, increased housing supply. For example, design review
standards or other objective standards that serve to inhibit, chill, or preclude the
development of housing under the Streamlined Ministerial Approval Process are
inconsistent with the application of state law.
(c) Density calculation
(1) When determining consistency with density requirements, a development that is
compliant with up to the maximum density allowed within the land use element
designation of the parcel in the general plan is considered consistent with objective
standards. For example, a development on a parcel that has a multifamily land use
designation allowing up to 45 units per acre is allowed up to 45 units per acre
regardless of the density allowed pursuant to the zoning code. In addition, the
development may request a density of greater than 45 units per acre if eligible for a
density bonus under Density Bonus Law.
(2) Growth, unit, or other caps that restrict the number of units allowed in the proposed
development or that expressly restricts the timing of development can be applied
only to the extent that those caps do not inhibit the development’s ability to achieve
the maximum density allowed by the land use designation and any density bonus
the project is eligible for and do not restrict the issuance of building permits for the
project.
(3) Additional density, floor area, or units granted as density bonus shall be considered
consistent with maximum allowable densities.
(4) Development applications are only subject to the density standards in effect at the
time that the development is submitted to the local government.
(d) Parking requirements
(1) Automobile parking standards shall not be imposed on a development that meets
any of the following criteria:
(A) The development is located where any part of the parcel or parcels on which
the development is located is within one-half mile of public transit, as defined by
Section 102(r) of these Guidelines.
(B) The development is located within a district designated as architecturally or
historically significant under local, state, or federal standards.
(C) When on-street parking permits are required, but not made available to the
occupants of the development.
(D) When there is a car share vehicle, (i.e. a designated location to pick up or drop
off a car share vehicle as defined by Section 102(d),) within one block of the
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development. A block can be up to 1,000 linear feet of pedestrian travel along a
public street from the development.
(2) For all other developments, the local government shall not impose automobile
parking requirements for streamlined developments approved pursuant to this
section that exceed one parking space per unit.
(e) A local government shall not adopt any requirement, including, but not limited to,
increased fees or inclusionary housing requirements, that applies to a project solely or
partially on the basis that the project is eligible to receive streamlined processing.
NOTE: Authority cited: Government Code section 65913.4(j). Reference cited:
Government Code section 65913.4(a),(d), and (l).
Section 301. Development Review and Approval
(a) Ministerial processing
(1) Ministerial approval, as defined in Section 102(n), of a project that complies with
Article IV of these guidelines shall be non-discretionary and cannot require a
conditional use permit or other discretionary local government review or approval.
(2) Any ministerial design review or public oversight of the application may be
conducted by the local government’s planning commission or any equivalent board
or commission responsible for review and approval of development projects, or the
city council or board of supervisors, as appropriate.
(A) Design review or public oversight shall be objective and be strictly focused on
assessing compliance with criteria required for streamlined projects, as well as
any reasonable objective design standards published and adopted by
ordinance or resolution by a local government before submission of the
development application, and shall be broadly applicable to development within
the locality.
(B) Design review or public oversight shall not in any way inhibit, chill, stall, delay,
or preclude the ministerial approval provided by these Guidelines or its effect.
(3) If a local government determines that a development submitted pursuant to this
section is in conflict with any of the objective planning standards, it shall provide the
development proponent, as defined in Section 102(h), written documentation of
which standard or standards the development conflicts with, and an explanation for
the reason or reasons the development conflicts with that standard or standards,
within the timeframe specified in Section 301(b)(2) below. The local government
may elect to allow the development proponent to correct any deficiencies within the
timeframes for project approval specified in Section 301(b)(3) below.
(4) The denial of an application for streamlined processing does not preclude the
development proponent from correcting any deficiencies and resubmitting an
application for streamline review, or from to applying for the project under other local
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government processes. If the application is denied and the development proponent
elects to resubmit an application for streamlined review, the timeframes specified in
Section 301(b) below shall commence on the date of resubmittal.
(5) Approval of ministerial processing does not preclude imposed standard conditions of
approval as long as those conditions are objective and broadly applicable to development
within the locality regardless of streamline approval. This includes any objective process
requirements related to the issuance of a building permit. However, any further approvals,
such as demolition, grading and building period or, if required, final map, on a ministerial
basis is subject to the objective standards.
(A) Notwithstanding Paragraph (5), standard conditions that specifically implement
the provisions of these Guidelines such as commitment for recording covenant
and restrictions and provision of prevailing wage can be included in the
conditions of approval.
(6) The California Environmental Quality Act (Division 13 (commencing with section
21000) of the Public Resources Code) does not apply to the following in connection
with projects qualifying for the Streamlined Ministerial Approval Process :
(A) Actions taken by a state agency or local government to lease, convey, or
encumber land or to facilitate the lease, conveyance, or encumbrance of land
owned by the local government.
(B) Actions taken by a state agency or local government to provide financial
assistance to a development that receives streamlined approval pursuant to
this section that is to be used for housing for persons and families of very low,
low, or moderate income.
(C) The determination of whether an application for a development is subject to the
Streamlined Ministerial Approval Process.
(b) Upon a receipt of application, the local government shall adhere to the following:
(1) An application submitted hereunder shall be reviewed by the agency whether or not
it contains all materials required by the agency for the proposed project, and it is not
a basis to deny the project if either:
(A) The application contains sufficient information for a reasonable person to
determine whether the development is consistent, compliant, or in conformity
with the requisite objective standards (outlined in Article IV of these
Guidelines); or
(B) The application contains all documents and other information required by the
local government as referenced in section 300(a) of these Guidelines.
(2) Local governments shall make a determination of consistency, as described in
Section 301(a)(3), as follows:
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(A) Within 60 calendar days of submittal of the application to the local government
pursuant to this section if the development contains 150 or fewer housing units.
(B) Within 90 calendar days of submittal of the application to the local government
pursuant to this section if the development contains more than 150 housing
units.
(C) Documentation of inconsistencies with objective standards must be provided to
the development proponent within these timeframes. If the local government
fails to provide the required documentation determining consistency within
these timeframes, the development shall be deemed to satisfy the objective
planning standards.
(3) Any design review or public oversight, as described in Section 301(a)(2), including
resulting final approval shall be completed as follows:
(A) Within 90 calendar days of submittal of the application to the local government
pursuant to this section if the development contains 150 or fewer housing units.
(B) Within 180 calendar days of submittal of the application to the local government
pursuant to this section if the development contains more than 150 housing
units.
(C) Although design review may occur in parallel with or as part of the consistency
determination set forth in paragraphs (1) and (2) above, failure to meet
subjective design review standards or obtain design review approval from the
oversight board shall not itself prevent or otherwise preclude a project from
being approved for development pursuant to this Section if objective design
review standards are met.
(c) Modifications to the development subsequent to the approval of the ministerial review but
prior to issuance of a building permit can be granted in the following circumstances:
1) For modification initiated by the development proponent.
A) Following approval of an application under the Streamlined Ministerial Review
Process, but prior to issuance of a building permit for the development, an
applicant may submit written request to modify the development. The
modification must conform with the following:
i. The change is consistent with the Streamlined Ministerial Approval
Process Guidelines.
ii. The change will not modify the project’s consistency with objective
development standards considered as part of the project’s review.
iii. The change will not conflict with a plan, ordinance or policy addressing
community health and safety.
iv. The change will not result in modifications to the concessions, incentives
or waivers to development standards approved pursuant to density bonus
law.
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B) Upon receipt of the request, the local agency shall determine if the requested
modification is consistent with the local agency’s objective development
standards in effect when the development was approved. Approval of the
modification request must be completed within 60 days of submittal of the
modification or 90 days if design review is required.
2) For modification initiated by the local agency
A) Following approval of an application under the Streamlined Ministerial Review
Process, but prior to issuance of a building permit for the development, a local
agency may require one-time changes to the development that are necessary
to comply with the local agency’s 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 the 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).
B) A determination that a change is required is a ministerial action. If a revised
application is required to address these modifications, the application shall be
reviewed as a ministerial approval within 60 days of re-submittal of the application.
(d) If a local government approves a development under the Streamlined Ministerial Approval
Process, notwithstanding any other law, the following expiration of approval timeframes
apply:
(1) If the project includes public investment in housing affordability, beyond tax credits,
where 50 percent of the units are affordable to households making at or below 80
percent of the AMI, then that approval shall not expire.
(2) If the project does not include public investment in housing affordability (including
local, state, or federal government assistance), beyond tax credits and at least 50
percent of the units are not affordable to households making at or below 80 percent
of the AMI, that approval shall automatically expire after three years.
(A) That development may receive a one-time, one-year extension if the project
proponent can provide documentation that there has been significant progress
toward getting the development construction ready, such as filing a building
permit application. The local government’s action and discretion in determining
whether to grant the foregoing extension shall be limited to considerations and
process set forth in this section.
(B) Approval shall remain valid for a development so long as vertical construction
of the development has begun and is in progress.
NOTE: Authority cited: Government Code section 65913.4(j). Reference cited:
Government Code section 65913.4(a),(b), (c), (e), (h), and (k).
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ARTICLE IV. DEVELOPMENT ELIGIBILITY
Section 400. Housing Type Requirements
To qualify to apply for the Streamlined Ministerial Approval Process, the development
proponent shall demonstrate the development meets the following criteria:
(a) Is a multifamily housing development. The development can offer units for rental or for-
sale.
(b) At least two-thirds of the square footage of the development shall be designated for
residential use:
(1) For purposes of these Guidelines, the two-thirds calculation is based upon the
proportion of gross square footage of residential space and related facilities as
defined in Section 102(u), to gross development building square footage for an
unrelated use such as commercial. Structures utilized by both residential and non-
residential uses shall be credited proportionally to intended use. Additional density,
floor area, or units granted pursuant to Density Bonus Law are excluded from this
calculation.
(2) Both residential and non-residential components of a qualified mixed-use
development are eligible for the Streamlined Ministerial Approval Process. Additional
permitting requirements pertaining to the individual business located in the
commercial component (e.g. alcohol use permit or adult business permit) are subject
to local government processes.
(3) When the commercial component is not part of a vertical mixed-use structure,
construction of the residential component of a mixed-use development shall be
completed prior to, or concurrent with, the commercial component. .
(c) The development is consistent with objective zoning standards, objective subdivision
standards, and objective design review standards in effect at the time of the development
application submittal per Section 300 of these Guidelines, provided that any modifications
to density or other concessions, incentives, or waivers granted pursuant to the Density
Bonus Law shall be considered consistent with such objective zoning standards, objective
subdivision standards, and objective design review standards.
NOTE: Authority cited: Government Code section 65913.4(j). Reference cited:
Government Code section 65913.4(a).
Section 401. Site Requirements
(a) The development proponent shall demonstrate in the application that, as of the date the
application is submitted, the proposed development is located on a site that meets the
following criteria:
(1) The site is a legal parcel, or parcels, located in either:
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(A) A city where the city boundaries include some portion of either an urbanized
area or urban cluster, as designated by the United States Census Bureau, or
(B) An unincorporated area where the area boundaries are wholly within the
boundaries of an urbanized area or urban cluster, as designated by the United
States Census Bureau.
(2) The site meets the definition of infill as defined by Section 102(j) of these Guidelines.
(3) The site must be zoned for residential use or residential mixed-use development, or
have a general plan designation that allows residential use or a mix of residential
and nonresidential uses.
(A) To qualify for the Streamlined Ministerial Approval Process, the site’s zoning
designation, applicable specific plan or master plan designation, or general plan
designation must permit residential or a mix of residential and nonresidential
uses by right or with a use permit.
(b) The development proponent shall demonstrate that, as of the date the application is
submitted, the development is not located on a legal parcel(s) that is any of the following:
(1) Within a coastal zone, as defined in Division 20 (commencing with section 30000) of
the Public Resources Code.
(2) Prime farmland or farmland of statewide importance, as defined pursuant to the
United States Department of Agriculture land inventory and monitoring criteria, as
modified for California, and designated on the maps prepared by the Farmland
Mapping and Monitoring Program of the Department of Conservation, or land zoned
or designated for agricultural protection or preservation by a local ballot measure
that was approved by the voters of that locality.
(3) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660
FW 2 (June 21,1993).
(4) Within a very high fire hazard severity zone, as determined by the Department of
Forestry and Fire Protection pursuant to Government Code section 51178, or within
a high or very high fire hazard severity zone as indicated on maps adopted by the
Department of Forestry and Fire Protection pursuant to Public Resources Code
section 4202.
(A) This restriction does not apply to sites excluded from the specified hazard
zones by a local agency, pursuant to Government Code section 51179(b), or
sites that are subject to adopted fire hazard mitigation measures pursuant to
existing building standards or state fire mitigation measures applicable to the
development.
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(B) This restriction does not apply to sites that have been locally identified as fire
hazard areas, but are not identified by the Department of Forestry and Fire
Protection pursuant to Government Code section 51178 or Public Resources
Code section 4202.
(5) A hazardous waste site that is currently listed pursuant to Government Code section
65962.5, or a hazardous waste site designated by the Department of Toxic
Substances Control pursuant to Health and Safety Code section 25356.
(A) This restriction does not apply to sites the Department of Toxic Substances
Control has cleared for residential use or residential mixed uses.
(6) Within a delineated earthquake fault zone as determined by the State Geologist in
any official maps published by the State Geologist.
(A) This restriction does not apply if the development complies with applicable
seismic protection building code standards adopted by the California Building
Standards Commission under the California Building Standards Law (Part 2.5
(commencing with Section 18901) of Division 13 of the Health and Safety
Code), and by any local building department under Chapter 12.2 (commencing
with Section 8875) of
Division 1 of Title 2.
(7) Within a special flood hazard area subject to inundation by the 1 percent annual
chance flood (100-year flood) as determined by the Federal Emergency
Management Agency in any official maps published by the Federal Emergency
Management Agency.
(A) This restriction does not apply if the site has been subject to a Letter of Map
Revision prepared by the Federal Emergency Management Agency and issued
to the local government.
(B) This restriction does not apply if the development proponent can demonstrate
that they will be able to meet the minimum flood plain management criteria of
the National Flood Insurance Program pursuant to Part 59 (commencing with
Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of
Chapter I of Title 44 of the Code of Federal Regulations.
i. If the development proponent demonstrates that the development satisfies
either subsection (A) or (B) above and that the development is otherwise
eligible for the Streamlined Ministerial Approval Process, the local
government shall not deny the application for the development on the
basis that the development proponent did not comply with any additional
permit requirement, standard, or action adopted by that local government
that is applicable to that site related to special floor hazard areas.
ii. If the development proponent is seeking a floodplain development permit
from the local government, the development proponent must describe in
detail in the application for the Streamlined Ministerial Approval Process
how the development will satisfy the applicable federal qualifying criteria
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necessary to obtain the floodplain development permit. Construction plans
demonstrating these details shall be provided to the locality before the
time of building permit issuance, however construction plans shall not be
required for the local jurisdiction to take action on the application under the
Streamlined Ministerial Approval Process.
(8) Within a regulatory floodway, as determined by the Federal Emergency
Management Agency, in any official maps published by the Federal Emergency
Management Agency.
(A) This restriction does not apply if the development has received a no-rise
certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of
Federal Regulations.
(B) If the development proponent demonstrates that the development satisfies
subsection (A) above and that the development is otherwise eligible for the
Streamlined Ministerial Approval Process, the local government shall not deny
the application for development on the basis that the development proponent
did not comply with any additional permit requirement, standard, or action
adopted by that local government that is applicable to that site related to
regulatory floodways.
(9) Lands identified for conservation in an adopted natural community conservation plan
pursuant to the Natural Community Conservation Planning Act (Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game Code), a
habitat conservation plan pursuant to the federal Endangered Species Act of 1973
(16 U.S.C. Sec. 1531 et seq.), or another adopted natural resource protection plan.
(10) 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 federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the
California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter
10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(A) The identification of habitat for protected species discussed above may be
based upon information identified in underlying environmental review
documents for the general plan, zoning ordinance, specific plan, or other
planning documents associated with that parcel that require environmental
review pursuant to the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code).
(11) Lands under conservation easement.
(12) An existing parcel of land or site that is governed under the Mobilehome Residency
Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of
the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6
(commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code),
the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13
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of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3
(commencing with Section 18860) of Division 13 of the Health and Safety Code).
(c) The development proponent shall demonstrate that, as of the date the application is
submitted, the development is not located on a site where any of the following apply:
(1) The development would require the demolition of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low
income.
(B) Housing that is subject to any form of rent or price control through a locality’s
valid exercise of its police power.
(C) Housing that has been occupied by tenants, as defined by Section 102(y),
within the past ten years.
(2) The site was previously used for housing that was occupied by tenants that was
demolished within ten years before the development proponent submits an
application under the Streamlined Ministerial Approval Process.
(A) When property with a building that was demolished in the past ten years has
been zoned for exclusively residential use, there is a presumption that it was
occupied by tenants, unless the development proponent can provide verifiable
documentary evidence from a government or independent third party source to
rebut the presumption for each of the ten years prior to the application date.
(B) When property with a building that was demolished in the past ten years has
been zoned to allow residential use in addition to other uses, the developer
proponent shall include in its application a description of the previous use and
verification it was not occupied by residential tenants.
(3) The development would require the demolition of a historic structure that was placed
on a national, state, or local historic register prior to the submission of an application.
(4) The property contains housing units that are occupied by tenants and the
development would require a subdivision.
(d) A development that involves a subdivision of a parcel that is, or, notwithstanding the
Streamlined Ministerial Approval Process, would otherwise be, subject to the Subdivision
Map Act (Division 2 (commencing with Section 66410)) or any other applicable law
authorizing the subdivision of land is not eligible for the Streamlined Ministerial Approval
Process.
(1) Subdivision (d) does not apply if the development is consistent with all objective
subdivision standards in the local subdivision ordinance, and either of the following
apply:
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(A) The development has received or will receive financing or funding by means of
a low-income housing tax credit and is subject to the requirement that
prevailing wages be paid pursuant to Section 403 of these Guidelines.
(B) The development is subject to the requirement that prevailing wages be paid,
and a skilled and trained workforce used.
(2) An application for a subdivision pursuant to the Subdivision Map Act (Division 2
(commencing with Section 66410)) for a development that meets the provisions in
(1) shall be exempt from the requirements of the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
Such an application shall be subject to a ministerial process as part of the
Streamlined Ministerial Approval Process.
NOTE: Authority cited: Government Code section 65913.4(j). Reference cited:
Government Code section 65913.4(a) and (c).
Section 402. Affordability Provisions
(a) A development shall be subject to a requirement mandating a minimum percentage of
units be affordable to households making at or below 80 percent AMI, based on one of
the following categories:
(1) In a locality that the Department has determined is subject to the Streamlined
Ministerial Approval Process pursuant to Section 200, subparagraph (c), the
development shall dedicate a minimum of 10 percent of the total number of units
prior to calculating any density bonus to housing affordable to households making at
or below 80 percent of the area median income.
(A) Developments of ten units or less are not subject to the 10 percent affordability
provision.
(B) If the locality has adopted a local ordinance that requires greater than 10
percent of the units be dedicated to housing affordable to households making at
or below 80 percent of the AMI, that local affordable housing requirement
applies.
(2) In a locality that the Department has determined is subject to the Streamlined
Ministerial Approval Process pursuant to Section 200, subparagraph (e), the
development shall dedicate a minimum of 50 percent of the total number of units
prior to calculating any density bonus to housing affordable to households making at
or below 80 percent of the AMI.
(A) If the locality has adopted a local ordinance that requires greater than 50
percent of the units be dedicated to housing affordable to households making at
or below 80 percent of the AMI, that local affordable housing requirement
applies.
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(3) In a locality that the Department has determined is subject to the Streamlined
Ministerial Approval Process pursuant to Section 200, subparagraph (d), the
development shall dedicate a minimum of 10 percent of the total number of units to
housing affordable to households making at or below 80 percent of the AMI.
(A) If the locality has adopted a local ordinance that requires greater than 10
percent of the units be dedicated to housing affordable to households making
below 80 percent of the AMI, that local affordable housing requirement applies.
(b) A covenant or restriction shall be recorded against the development dedicating the
minimum percentage of units to housing affordable to households making at or below 80
percent of the AMI pursuant to Section 402 (a)(1-3).
(1) The recorded covenant or restriction shall remain an encumbrance on the
development for a minimum of either:
(A) 55 years for rental developments or
(B) 45 years for owner-occupied properties
(2) The development proponent shall commit to record a covenant or restriction
dedicating the required minimum percentage of units to below market housing prior
to the issuance of the first building permit.
(c) The percentage of units affordable to households making at or below 80 percent of the
area median income per this section is calculated based on the total number of units in
the development exclusive of additional units provided by a density bonus.
(d) The percentage of units affordable to households making at or below 80 percent of the
area median income per this section shall be built on-site as part of the development.
(e) If the locality has adopted an inclusionary ordinance, the objective standards contained in
that ordinance apply to the development under the Streamlined Ministerial Approval
Process. For example, if the locality’s adopted ordinance requires a certain percentage of
the units in the development to be affordable to very low-income units, the development
would need to provide that percentage of very low-income units to be eligible to use the
Streamlined Ministerial Approval Process.
(f) All affordability calculations resulting in fractional units shall be rounded up to the next
whole number. Affordable units shall be distributed throughout the development and shall
be of comparable size, both in terms of the square footage and the number of bedrooms,
and quality to the market rate units with access to the same common areas and
amenities.
(g) Affordability of units to households at or below 2 80 percent of the area median income per
the section is calculated based on the following:
2 Amended 1/19/19 – Grammatical Correction
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1) For owner-occupied units, affordable housing cost is calculated pursuant to Health
and Safety Code Section 50052.5.
2) For rental units, affordable rent is calculated pursuant to Health and Safety Code
Section 50053.
NOTE: Authority cited: Government Code section 65913.4(j). Reference cited:
Government Code section 65913.4(a).
Section 403. Labor Provisions
The Labor Provisions in the Streamlined Ministerial Approval Process, located in paragraph (8)
of subdivision (a) of Government Code section 65913.4, contain requirements regarding
payment of prevailing wages and use of a skilled and trained workforce in the construction of
the development.
The development proponent shall certify both of the following to the locality to which the
development application is submitted:
(a) The entirety of the development is a public work project, as defined in Section 102(s)
above, or if the development is not in its entirety a public work, that all construction
workers employed in the execution of the development will be paid at least the general
prevailing rate of per diem wages for the type of work and geographic area.
(1) The Department of Industrial Relations posts on its website letters and decisions on
administrative appeal issued by the Department in response to requests to
determine whether a specific project or type of work is a “public work” covered under
the state’s Prevailing Wage Laws. These coverage determinations, which are
advisory only, are indexed by date and project and available at:
https://www.dir.ca.gov/OPRL/pwdecision.asp
(2) The general prevailing rate is determined by the Department of Industrial Relations
pursuant to Sections 1773 and 1773.9 of the Labor Code. General prevailing wage
rate determinations are posted on the Department of Industrial Relations’ website at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm.
(3) Apprentices registered in programs approved by the Chief of the Division of
Apprenticeship Standards may be paid at least the applicable apprentice prevailing
rate. To find out if an apprentice is registered in an approved program, please
consult the Division of Apprenticeship Standards’ “Apprenticeship Status and Safety
Training Certification” database at
https://www.dir.ca.gov/das/appcertpw/appcertsearch.asp.
(4) To find the apprentice prevailing wage rates, please visit the Department of
Industrial Relations’ website at:
https://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp. If you are
interested in requesting an apprentice, a list of approved programs is available at:
https://www.dir.ca.gov/databases/das/aigstart.asp. General information regarding
the state’s Prevailing Wage Laws is available in the Department of Industrial
Relations’ Public Works website (https://www.dir.ca.gov/Public-
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Works/PublicWorks.html) and the Division of Labor Standards Enforcement Public
Works Manual (https://www.dir.ca.gov/dlse/PWManualCombined.pdf).
(5) For those portions of the development that are not a public work, all of the following
shall apply:
(A) The development proponent shall ensure that the prevailing wage requirement
is included in all contracts for the performance of the work.
(B) All contractors and subcontractors shall pay to all construction workers
employed in the execution of the work at least the general prevailing rate of per
diem wages, except that apprentices registered in programs approved by the
Chief of the Division of Apprenticeship Standards may be paid at least the
applicable apprentice prevailing rate.
(C) All contractors and subcontractors shall maintain and verify payroll records
pursuant to Section 1776 of the Labor Code and make those records available
for inspection and copying as provided therein.
i. The obligation of the contractors and subcontractors to pay prevailing
wages may be enforced by the Labor Commissioner through the issuance
of a civil wage and penalty assessment pursuant to Section 1741 of the
Labor Code, which may be reviewed pursuant to Section 1742 of the
Labor Code, within 18 months after the completion of the development, by
an underpaid worker through an administrative complaint or civil action, or
by a joint labor-management committee though a civil action under
Section 1771.2 of the Labor Code. If a civil wage and penalty assessment
is issued, the contractor, subcontractor, and surety on a bond or bonds
issued to secure the payment of wages covered by the assessment shall
be liable for liquidated damages pursuant to Section 1742.1 of the Labor
Code.
ii. The payroll record and Labor Commissioner enforcement provisions in (C)
and (C)(i), above, shall not apply if all contractors and subcontractors
performing work on the development are subject to a project labor
agreement, as defined in Section 102(q) above, that requires the payment
of prevailing wages to all construction workers employed in the execution
of the development and provides for enforcement of that obligation
through an arbitration procedure.
(D) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the
requirement that employer payments not reduce the obligation to pay the hourly
straight time or overtime wages found to be prevailing shall not apply if
otherwise provided in a bona fide collective bargaining agreement covering the
worker. The requirement to pay at least the general prevailing rate of per diem
wages does not preclude use of an alternative workweek schedule adopted
pursuant to Sections 511 or 514 of the Labor Code.
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(b) For developments for which any of the following conditions in the charts below apply,
that a skilled and trained workforce, as defined in Section 102(w) above, shall be used to
complete the development if the application is approved.
Developments Located in Coastal or Bay Counties
Date Population of Locality to
which Development
Submitted pursuant to the
last Centennial Census
Number of Housing Units in
Development
January 1, 2018, until
December 31, 2021
225,000 or more 75 or more
January 1, 2022, until
December 31, 2025
225,000 or more 50 or more
Developments Located in Non-Coastal or Non-Bay Counties
Date Population of Locality to
which Development
Submitted pursuant to the
last Centennial Census
Number of Housing Units in
Development
January 1, 2018, until
December 31, 2019
Fewer than 550,000 75 or more
January 1, 2020, until
December 31, 2021
Fewer than 550,000 More than 50
January 1, 2022, until
December 31, 2025
Fewer than 550,000 More than 25
(1) Coastal and Bay Counties include: Alameda, Contra Costa, Del Norte, Humboldt,
Los Angeles, Marin, Mendocino, Monterey, Napa, Orange, San Diego, San
Francisco, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz,
Solano, Sonoma and Ventura.
(2) Non-Coastal and Non-Bay Counties include: Alpine, Amador, Butte, Calaveras,
Colusa, El Dorado, Fresno, Glenn, Imperial, Inyo, Kern, Kings, Lake, Lassen,
Madera, Mariposa, Merced, Modoc, Mono, Nevada, Placer, Plumas, Riverside,
Sacramento, San Benito, San Bernardino, San Joaquin, Shasta, Sierra, Siskiyou,
Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba.
(3) The skilled and trained workforce requirement in this subparagraph is not applicable
to developments with a residential component that is 100 percent subsidized
affordable housing.
(4) If the development proponent has certified that a skilled and trained workforce will be
used to complete the development and the application is approved, the following
shall apply:
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(A) The applicant shall require in all contracts for the performance of work that
every contractor and subcontractor at every tier will individually use a skilled
and trained workforce to complete the development.
(B) Every contractor and subcontractor shall use a skilled and trained workforce to
complete the development.
(C) The applicant shall provide to the locality, on a monthly basis while the
development or contract is being performed, a report demonstrating compliance
with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the
Public Contract Code.
i. A monthly report provided to the locality pursuant to this subclause shall
be a public record under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) and shall be open
to public inspection. An applicant that fails to provide a monthly report
demonstrating compliance with Chapter 2.9 (commencing with Section
2600) of Part 1 of Division 2 of the Public Contract Code shall be subject
to a civil penalty of ten thousand dollars ($10,000) per month for each
month for which the report has not been provided.
ii. Any contractor or subcontractor that fails to use a skilled and trained
workforce shall be subject to a civil penalty of two hundred dollars ($200)
per day for each worker employed in contravention of the skilled and
trained workforce requirement. Penalties may be assessed by the Labor
Commissioner within 18 months of completion of the development using
the same procedures for issuance of civil wage and penalty assessments
pursuant to Section 1741 of the Labor Code and may be reviewed
pursuant to the same procedures in Section 1742 of the Labor Code.
Penalties shall be paid to the State Public Works Enforcement Fund.
iii. The requirements in (C), (C)(i), and (C)(ii), above, do not apply if all
contractors and subcontractors performing work on the development are
subject to a project labor agreement that requires compliance with the
skilled and trained workforce requirement and provides for enforcement of
that obligation through an arbitration procedure.
(c) Notwithstanding subsections (a) and (b) A development is exempt from any requirement
to pay prevailing wages or use a skilled and trained workforce if it meets both of the
following:
(1) The project includes ten or fewer housing units.
(2) The project is not a public work for purposes of Chapter 1 (commencing with Section
1720) of Part 7 of Division 2 of the Labor Code.
(d) Offsite fabrication is not subject to this Section if it takes place at a permanent, offsite
manufacturing facility and the location and existence of that facility is determined wholly
without regard to the particular development. However, offsite fabrication performed at a
temporary facility that is dedicated to the development is subject to Section 403.
CA Department of Housing and Community Development Streamlined Ministerial Approval Process
Guidelines
-25-
NOTE: Authority cited: Government Code section 65913.4(j). Reference cited:
Government Code section 65913.4(a), Subdivision (d) of Section 2601 of the Public Contract
Code, Sheet Metal Workers' International Association, Local 104, v. John C. Duncan (2014)
229 Cal.App.4th 192 [176 Cal.Rptr.3d 634].
Section 404. Additional Provisions
(a) A local government subject to the Streamlined Ministerial Approval Process shall allow for
a development proponent’s use of this process. However, the ability for a development
proponent to apply for the Streamlined Ministerial Approval Process shall not affect a
development proponent’s ability to use any alternative streamlined by right permit
processing adopted by a local government, including, but not limited to, the use by right
provisions of housing element law Government Code section 65583.2(i), local overlays, or
ministerial provisions associated with specific housing types.
NOTE: Authority cited: Government Code section 65913.4(j). Reference cited:
Government Code section 65913.4(g).
ARTICLE V. REPORTING
Section 500. Reporting Requirements
As part of the APR due April 1 of each year, local governments shall include the following
information. This information shall be reported on the forms provided by the Department. For
forms and more specific information on how to report the following, please refer to the
Department’s Annual Progress Report Guidelines.
(a) Number of applications submitted under the Streamlined Ministerial Approval Process.
(b) Location and number of developments approved using the Streamlined Ministerial
Approval Process.
(c) Total number of building permits issued using the Streamlined Ministerial Approval
Process.
(d) Total number of units constructed using the Streamlined Ministerial Approval Process by
tenure (renter and owner) and income category.
NOTE: Authority cited: Government Code section 65400(a)(2)(B). Reference cited:
Government Code section 65400(a)(2)(E).