A development proponent may submit an application for a townhome development project that meets the requirements of this section and Chapter 9 (commencing with Section 66499.45) of Division 2 of Title 7. A townhome development project application under this section includes any city, or for townhome development projects located in an unincorporated area of a county, land use and zoning approvals required to authorize construction and occupation of the townhome development project, including, but not limited to, subdivision, building, grading, and other permits.
For any townhome development project application submitted pursuant to this section, a local agency may impose objective general plan standards, objective zoning standards, objective subdivision standards, or objective design standards that are applicable to the townhome development project, and do not conflict with this section.
Notwithstanding paragraph (1), a local agency shall not impose on a townhome development project an objective general plan standard, objective zoning standard, objective subdivision standard, or objective design standard that does or is any of the following:
Physically precludes the development of a proposed townhome development project that complies with at least 75 percent of the applicable density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
Except as provided in clause (ii), imposes any requirement that applies to a townhome development project solely or partially on the basis that the project receives approval pursuant to this section.
If the townhome development project is proposed on a site with a general plan designation or zoning classification that does not allow the density proposed by the townhome development project, the local agency may require the project to comply with the objective general plan standards, objective zoning standards, objective subdivision standards, and objective design standards that would have applied to the project had it been proposed on a site with a general plan designation and zoning classification that allow the density and unit type proposed by the applicant.
Requires that parking be enclosed or covered or requires parking capacity or parking designs that are prohibited or restricted by other law.
In addition to any other requirements imposed in accordance with this section, a local agency may require the construction or dedication of any improvements, facilities, infrastructure, or rights-of-way necessary for the townhome development project to be consistent with the local agency’s general plan.
A local agency shall ministerially consider, without discretionary review or a hearing, an application submitted to a local agency pursuant to this section.
A local agency may disapprove a townhome development project that meets the requirements of this section if it makes a written finding, based upon a preponderance of the evidence, that the proposed townhome development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
A local agency shall follow the tribal consultation procedures described in subdivision (b) of Section 21080.66 of the Public Resources Code.
Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code).
This section shall not apply to the City and County of San Francisco.
For purposes of this section:
“Townhome” means a single-family dwelling unit that is less than or equal to three stories of occupiable square footage, and meets either of the following conditions:
Shares a common wall with other single-family dwelling units on one or two sides.
Is separated from one or more neighboring units by no more than the minimum fire separation distance as set forth in the building standards for residential buildings in Chapter 3 of Part 2.5 of Title 24 of the California Building Standards Code.
“Townhome development project” means a housing development project, as defined in Section 65589.5, that consists entirely of residential units that satisfy the definition of a townhome, and that satisfies all of the following:
The average total area of floorspace for the proposed townhomes in a townhome development project does not exceed 1,750 net habitable square feet. For purposes of this paragraph, “net habitable square feet” means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
It contains no more than 150 total units.
It has at least 75 percent of the applicable density described in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
If it includes 11 or more units, it meets the applicable of the following:
At least 10 percent of the total units, as defined in subparagraph (A) of paragraph (9) of subdivision (o) of Section 65915, are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code. The lower income units shall have an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, and the local agency shall ensure their continued affordability for a period of at least 45 years.
If a local inclusionary housing requirement mandates a higher percentage of affordable units than that described in clause (i), then the local policy shall apply rather than clause (i).
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