State Housing Law: SB 35

SB 35, the “Planning and Zoning: Affordable Housing: Streamlined Approval Process”, is a California State Senate Bill that went into effect on January 1, 2018.

Under SB 35, the City is required to review qualifying projects using a ministerial review process, which means that no discretionary approvals can be required, and the City is required to process applications within the timeframes specified in Government Code section 65913.4(c).

  1. Preliminary Application and Tribal Consultation.  To initiate the streamlined review process, the applicant must submit a preliminary application (“notice of intent”) that complies with all statutory requirements. Once the preliminary application is accepted, the City will initiate the tribal consultation required by Government Code section 65913.4(b).  If no tribes respond to request consultation, or if there is an agreement reached in the tribal scoping consultation, then this step is completed.  During this timeframe, the City will also conduct a pre-application meeting
  2. Development Application.  Upon completion of the first step, an applicant may submit an SB35 Development Application within statutory timeframes. This application may encompass objective design review, tentative subdivision map, as well as other required permit approvals.  However, the review of the application is ministerial. It must adhere to State-mandated timeframes and is focused on compliance with the city’s adopted objective planning and design standards. 

Qualifying SB 35 projects are not subject to environmental review under the California Environmental Quality Act (CEQA).

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