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Senate Bill (SB) 35 Streamlined Ministerial Approval Process 

What is sb 35?
California Senate Bill 35 (2017 Legislative session) created a streamlined and ministerial approval process for certain housing projects under Government Code §65913.4.  SB 35 mandates that projects meeting certain specified criteria must be processed through a streamlined, ministerial approval process and shall not be subject to a conditional use permit or any other discretionary review.  The City may only evaluate the proposal against objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time the completed notice of intent is submitted to the City.

Prior to accepting an application under the SB 35 Streamlined Ministerial Approval Process and after receiving a Notice of Intent to submit an SB 35 application, the City must notify relevant California Native American tribes about the proposed development. A Notice of Intent (“NOI”) to submit an SB 35 application shall be initiated through the submittal of the City’s SB 35 Application Form.

Applicants intending to invoke the SB 35 streamlining and ministerial approval process must fill out City’s SB35 NOI Application and Supplemental Application - Eligibility Chekclist and provide supporting documentation for each checklist item (as applicable) to demonstrate eligibility. If there is no tribal response to the NOI or an agreement reached in a tribal scoping consultation and the NOI process is deemed complete and eligible for SB 35 streamlined ministerial review and approval. If there is no agreement reached, a project is not eligible for SB 35 approval. A complete description of the law and the process is included in the SB 35 Government Code Section 65913.4 and HCD Guidelines

Additional information regarding SB 35 is provided as part of the August 24, 2021 City Council Staff Report titled Overview of SB 35 - Streamlined Ministerial Approval Process.

SB 35 application forms are available online.
SB 35 ProjectS