Fountain Valley amends code to allow by‑right multifamily projects with 20% affordable units
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Summary
Council introduced and adopted a code amendment to implement Housing Element Program 1A and state law: projects that provide at least 20% affordable units will be permitted ministerially (by right) and precluded from discretionary Planning Commission and council review.
Principal Planner Steven Ayers presented code amendment 26‑01 to conform the municipal code with state housing law and the city's housing element. Ayers said the amendment is required by a letter from the California Department of Housing and Community Development (HCD) and cited state statute requiring zoning to allow owner‑occupied and rental multifamily projects by right when 20% of units are affordable to lower‑income households. "State law requires cities to process these projects administratively," Ayers said, noting that HCD reviewed the proposed ordinance and the Planning Commission recommended adoption.
Councilmembers noted the amendment implements state mandates and voted to approve the ordinance introduction and notice of exemption under CEQA; the motion passed 5–0.
Staff said the amendment applies to sites identified in the adopted housing element inventory and includes definitions aligned with state law for ministerial review and by‑right processing.
