Rancho Santa Margarita, Cal., Code of Ordinances ch. 9.14 § 9.14.020
Review of housing development projects
Operative Text
(a) Compliance with State law. Notwithstanding the provisions of Chapter 9.08 , all proposed housing development projects shall be reviewed in accordance with requirements and limitations imposed by State law, including, but not limited to, Government Code Sections 65589.5, 65915--65918, 65583, 65584, 65863, 65905.5, 65912.100--65912.105, 65852.24, 65852.28, 65913--65913.16, 65914.7, 65940--65945.3, 65650--65656, 65660--65688, 66300--66301, and 66499.41. Except to the extent otherwise provided by State law, such review shall ensure that proposed housing development projects comply with State law and all applicable, objective standards, provisions, conditions and requirements of the General Plan, this Chapter, and other applicable ordinances and policies of the City. (b) Delegation of authority to Development Services Director. (1) The Development Services Director may prepare fillable application forms for such purposes and may prescribe the type of information to be provided in the application by the applicant for a housing development project. No application shall be accepted unless it is completed as prescribed. All such applications shall require fees to be paid in accordance with a resolution adopted by the City Council. (2) The Development Services Director is authorized to review and determine whether an application for a housing development project is consistent and complies with applicable, objective General Plan, zoning, and subdivision standards and criteria within the time period(s) prescribed by law, including, but not limited to, subdivision (j)(2) of Government Code Section 65589.5. (3) The Development Services Director is authorized to promulgate, modify, and enforce standard conditions and requirements that apply to approved housing development projects, which implement applicable State, City, and other local agency standards, provisions, and conditions, provided such standard conditions and requirements are consistent with the provisions of this Code and State law. (4) The Development Services Director is authorized to review and approve or disapprove applications for all housing development projects requiring ministerial review pursuant to State law or any provision of this Title. Housing development projects subject to ministerial review by the Development Services Director include, but are not limited to, (i) multi-family housing development projects located within the workforce housing overlay (WHO) district or mixed-use (MU) district, in which at least 20 percent of the housing units are affordable to lower-income households; (ii) housing development projects that satisfy the criteria set forth in Government Code Sections 65650 et seq., 65660 et seq., 65852.21 and/or 66411.7, 65852.28 and/or 66499.41, 65912.110 et seq., 65912.120 et seq., 65913.4, or 65913.16 or in Health and Safety Code Section 17021.8; and (iii) any other type of housing development project designated as a "use by right" as defined in Government Code Section 65583.2 or otherwise required by State law to be reviewed ministerially. Except to the extent otherwise provided by State law, housing development projects seeking variances, exceptions, waivers, or modifications to applicable development standards shall not be eligible for ministerial review, and the Development Services Director shall not ministerially approve a proposed housing development project unless it complies with all applicable, objective standards, provisions, conditions and requirements of the General Plan, Title 9 of this Code, and other applicable ordinances and policies of the City. Pursuant to Section 9.08.100 , decisions of the Development Services Director may be appealed to the Planning Commission. Except as otherwise provided by State law, a ministerial approval pursuant to this Subsection shall remain valid for two years from the date of the final action establishing that approval and shall continue remain valid thereafter provided demolition and grading activity on the development site has begun pursuant to a permit issued by the City and is in progress. (c) Discretionary review of housing development projects. The provisions of this Subsection shall apply to the consideration of applications for site development permits, conditional use permits, tentative maps, or other quasi-judicial approvals required for the construction or operation of a housing development project, as defined in subdivision (h)(2) of Government Code Section 65589.5, which is not subject to ministerial review by the Development Services Director. In the event of a conflict between the provisions of this Subsection and any other provision of Title 9 , the provisions of this Subsection shall apply. (1) Hearings. Government Code Section 65905.5 limits the number of hearings the City may conduct in connection with consideration of an application for a housing development project. Therefore, for so long as Government Code Section 65905.5 so provides and remains in effect, no more than five hearings or continued hearings shall be conducted in connection with consideration of an application for a housing development project, unless otherwise agreed to by the applicant or the applicant's designated representative. A meeting at which a hearing is continued to another date without public testimony or substantial discussion of the project occurring shall not count as one of the five allowed hearings. The final decision-making authority shall consider and either approve, conditionally approve, or disapprove the application at one of the five hearings allowed pursuant to Government Code section 65905.5; provided, however, that, unless otherwise provided by law, the application shall not automatically be deemed approved if the final decision-making authority does not act on the application at one of the five allowed hearings. (2) Required findings. Except as otherwise permitted or required by State law, the final decision-making authority shall approve or conditionally approve an application for a site development permit, conditional use permit, tentative map, or other quasi-judicial approval for a housing development project unless it makes written findings for disapproval in accordance with Government Code Section 65589.5. If applicable, the final decision-maker shall also make net loss findings pursuant to Section 9.14.030 . The findings set forth in Chapter 9.08 are not required to be made as a prerequisite to approval of a site development permit or conditional use permit for a housing development project. (3) Conditions of approval. The final decision-making authority may impose reasonable conditions of approval that are necessary to ensure that a proposed housing development project complies with all local, State and federal laws, and that impacts resulting from the development are adequately mitigated, subject to the limitations set forth in subdivisions (d) and (j) of Government Code Section 65589.5. (4) Environmental review. Except as otherwise provided by law, a discretionary permit or approval for a housing development project shall not be approved until all applicable provisions of the California Environmental Quality Act (CEQA) have been complied with.
Rancho Santa Margarita Code of Ordinances ch. 9.14 § 9.14.020 establishes how the city reviews proposed housing development projects, requiring that all such projects be evaluated against both California state law and applicable local objective standards. The provision creates two tracks of review: a ministerial (largely administrative) track for qualifying projects and a discretionary track for others, each with its own procedural rules. Under the discretionary track, the number of public hearings is capped in line with state law, and a project may only be denied if specific written findings are made.
Plain English — not legal advice.
Property owners and developers proposing housing projects in Rancho Santa Margarita should be aware that § 9.14.020 governs which review track applies to their project. Operators pursuing ministerial approval generally ensure their project meets all applicable objective standards and qualifies under one of the enumerated state law categories, such as projects within the workforce housing overlay district with at least 20 percent affordable units. Those subject to discretionary review typically prepare for up to five hearings and understand that denial requires the city to produce written findings consistent with Government Code Section 65589.5.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 9.14.020 of the Rancho Santa Margarita Code of Ordinances shapes how new housing supply is approved in the city, which can affect the availability and affordability of rental housing in the community. Tenants and housing advocates can monitor discretionary review proceedings, which are subject to a hearing limit and must follow state-mandated findings requirements before a project is denied. Those with questions about how specific housing projects may affect their community or housing rights can consult local tenant-rights organizations or review public hearing records maintained by the city's Development Services Department.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API