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 SB 35 Application Form, which include the City’s checklist 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 project application is deemed complete and eligible for SB 35 review, the project is 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.

Application Filing Requirements 

An applicant for a housing development project is required to submit the City’s SB 35 Application Form in accordance with Government Code Section 65941.1.  The SB 35 Application must be deemed complete at the time that all required forms, documents and materials are submitted and the final invoice has been issued and proof of payment is received.  

All applicants are required to make an appointment to submit applications for housing development projects with the Planning Division.

SB 35 Project Submittals

921 - 1001 W. Riverside Drive (Pickwick Project Site)

On July 1, 2021, the City of Burbank received a Notice of Intent (NOI) to submit a Streamlined Ministerial Approval Process pursuant to Government Code Section 65913.4 to construct 98, three-story residential townhome units from 1,200 to 1,850 sq. ft. on a 5.1-acre site.  Each townhome is proposed to have a two-car attached garage and private decks or patios at 921-1001 Riverside Drive.  A common private open space area of 24,000 sq. ft. and second private open space area of 6,000 sq. ft. will be provided for the residents. The applicant proposes for sale units and is offering to reserve 10 of the units for purchase to low-income residents (80% of AMI).  The proposal includes demolition of an existing 51,082 sq. ft.  (Pickwick) bowling alley and a 2,713 sq. ft. ancillary building.  

NOI and Preliminary PlansCity's Response Letter to NOI
Project Status as of August 2021: The City is currently undertaking tribal consultation as outlined in California Government Code section 65913.4(b).

2814 W. Empire Avenue

On June 22, 2021, the City of Burbank received a Preliminary Application for a development proposal pursuant to SB 330, The Housing Crisis Act of 2019 (California Government Code Section 65941.1) to construct a multi-family residential building with 148 units at 2814 W. Empire Avenue. The Applicant subsequently submitted a Notice of Intent (NOI) to submit an application for a Streamlined Ministerial Approval Process pursuant Government Code Section 65913.4 on June 29, 2021.  

NOI and Preliminary PlansCity's Response Letter to NOI
Project Status as of August 2021: The City is currently undertaking tribal consultation as outlined in California Government Code section 65913.4(b).