This chapter shall be called the
"Housing Site Compliance Review" ordinance of the city of Pleasanton.
(Ord. 2272, 12/19/2023)
The Objective Design Standards and
Guidelines, adopted by Resolution No. 23-1386 (2023 ODS), as amended,
are to be used to review both single-family and/or multi-family ownership
and/or rental residential development projects on housing opportunity
sites designated and/or rezoned as part of the 2023-2031 (6th Cycle)
Housing Element ("housing opportunity sites") of the General Plan.
The 2023 ODS are intended to provide direction to developers and property
owners regarding development standards, site design and circulation,
and architectural features, with the goal of ensuring all new housing
opportunity site residential development is compatible with Pleasanton's
existing high-quality neighborhoods.
(Ord. 2272, 12/19/2023)
In order to ensure compliance with
the 2023 ODS, the following project types on housing opportunity sites
shall be subject to housing site compliance review:
A.
The planning commission shall consider
and render a decision regarding whether a housing opportunity site
project complies with the 2023 ODS, any related environmental mitigation
measure(s), and city objective standards which were in place when
an application for the site was received for projects including 51
or more residential units.
B.
The zoning administrator shall consider
and render a decision regarding whether a housing opportunity site
project complies with the 2023 ODS, any related environmental mitigation
measure(s), and city objective standards which were in place when
an application for the site was received for projects up to 50 residential
units.
(Ord. 2272, 12/19/2023)
The planning commission or zoning
administrator shall have the following powers and duties:
A.
In making decisions, approve, approve with
modifications or conditions, or deny an application for a housing
opportunity site in compliance with the 2023 ODS, any related environmental
mitigation measure(s), and city objective standards which were in
place when the application was received.
B.
Require such improvements, either on or
off site, which are reasonably related to the project for a housing
opportunity site which are necessary in order to mitigate adverse
environmental effects disclosed in an environmental assessment, negative
declaration, EIR/EIS, etc., in compliance with the 2023 ODS, and city
objective standards which were in place when the application was received.
(Ord. 2272, 12/19/2023)
The planning commission or zoning
administrator shall review site plans, landscape plans, building architecture
and such other plans and reports (grading plans, EIR/negative declarations,
etc.) as may be required and within requisite submittal requirements/timeframes
specified by state law, as applicable (e.g., applications submitted
under SB 35 (2017), SB 330 (2019), etc.), to ensure projects for a
housing opportunity site shall comply with all requirements of the
2023 ODS, any related environmental mitigation measure(s), city objective
standards which were in place when the application was received, and
any other pertinent factual information.
(Ord. 2272, 12/19/2023)
A.
An applicant submitting a project for a
housing opportunity site subject to housing site compliance review
shall submit all required materials to the planning division. The
planning division shall review the required materials for completeness.
The planning division shall indicate to the applicant if any additional
information is needed, if the plans require revisions, or if a review
under the California Environmental Quality Act (CEQA) is needed within
timelines specified by state law.
B.
Once an application is deemed complete,
surrounding property owners and residents within 1,000 feet of the
project site will be mailed notice by the planning division of the
proposed zoning administrator action, or of the planning commission
meeting, as applicable. On-site project notification shall also be
required, in conformance with the city's adopted policy, with such
notification the responsibility of the applicant to install within
a time frame specified by the planning division.
C.
In the case of projects subject to zoning
administrator compliance review, if, within seven days of mailing
the above-referenced notice, the zoning administrator receives a request
for hearing, the zoning administrator shall schedule an administrative
hearing within the time frame established by state law. The zoning
administrator's decision shall be made either administratively, if
no hearing is requested, or during the administrative hearing.
D.
In the case of projects subject to planning
commission compliance review, the planning commission meeting shall
be scheduled within the time frame established by state law. The planning
commission's decision shall be made during the meeting.
E.
The zoning administrator or planning commission,
as specified, shall approve the project if it complies with: (1) the
requirements of the 2023 ODS and any other applicable objective standards
established with adopted city plans and documents which were in place
when the application was received; and (2) any applicable mitigation
measure(s) of any applicable environmental document(s).
|
If the project does not comply, conditions
may be imposed to achieve compliance, or the project may be denied.
Such conditions or denial shall be subject to the limitations of state
law, including, but not limited to, Government Code Section 65589.5.
Once a decision is rendered, the applicant shall be informed in writing
along with any conditions attached to the approval.
|
(Ord. 2272, 12/19/2023)
A.
Within five days of the date of the zoning administrator's or planning commission's decision on a project subject to housing site compliance review, the secretary shall transmit written notice of the decision to the planning commission and/or city council, and the applicant. Unless a timely appeal is filed as provided in Section 18.22.080 of this chapter, or unless the planning commission and/or the city council elects to review the decision of the zoning administrator, the decision shall be effective on the later of the following:
(Ord. 2272, 12/19/2023)
Unless otherwise prohibited by state
law, appeals or reviews shall be as follows:
A.
Any appeal or review pursuant to actions made by the zoning administrator and/or planning commission pursuant to this chapter shall follow the timelines and administrative procedures outlined in Section 18.144.020 of this title.
B.
Any party may appeal and/or any member
of the city council may review any decision of the zoning administrator
and/or planning commission to the city council.
C.
Any party may appeal an action of the zoning
administrator to the planning commission. Any appeal to the planning
commission may be further appealed to the city council. Any member
of the planning commission and/or city council may review an action
of the zoning administrator to the planning commission or the city
council, respectively. Appeals to or reviews by the planning commission
or city council shall be governed by this title as if the appeal or
review of the zoning administrator's action were a new application
before the planning commission or city council.
(Ord. 2272, 12/19/2023)
Housing site compliance review shall lapse and shall be void one year following the effective date of approval, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion, or the applicant or the applicant's successor has filed a request for approval of extension with the zoning administrator pursuant to the provisions of Section 18.12.030 of this title; or unless otherwise provided by state law.
(Ord. 2272, 12/19/2023)
