Housing Regulations

SB 35 – Streamlined Multifamily Housing

SB 35 (2017) is now codified in Gov. Code section 65913.4 and allows for the streamlined ministerial processing of multifamily housing projects that meet the criteria contained in Gov. Code section 65913.4 et seq. Such projects meeting the applicable criteria shall not be subject to any requirement for a Conditional Use Permit or any other non-legislative discretionary approval.

The lists of qualifying criteria and requirements are extensive, please refer to the Government Code section for a detailed explanation. Generally, the application criteria and site requirements include the following items. 

The development is NOT  located on a site that is any of the following:

• Either prime farmland or farmland of statewide importance, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
• Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
• Within a very high fire hazard severity zone.
• A hazardous waste site that is listed pursuant to Public Resources Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
  • The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to PRC Section 65962.5; or,
  • The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to Section 25296.10(c) of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
• Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
• Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
  • The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
  • The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
• Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
• Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
• Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
• Lands under conservation easement.

The development is NOT  located on a site where any of the following apply:

• The development would require the demolition of the following types of housing:
  • Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
  • Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
  • Housing that has been occupied by tenants within the past 10 years.
• The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section.
• The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
• The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.

Preliminary Housing Application form required:

Before submitting an application for a development subject to the streamlined, ministerial approval process, the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1, as that section read on January 1, 2020. You may use the City’s SB 330 Preliminary Housing Application for this purpose.   

The City will also be required to conduct a preliminary scoping consultation with the six local Native American Tribes that have submitted standing requests to the Development Services Department for notification regarding qualifying  development projects. Although a proposed project might otherwise qualify for exemption from any environmental review pursuant to the California Environmental Quality Act, the requirement for tribal notification (and holding scoping consultation, if requested by a tribe) still applies.  If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development that is subject to the streamlined, ministerial approval process. See Gov. Code section 65913.4(b) for further information.