HomeMy WebLinkAbout22 SB 35 Eligibility Checklist FillableCITY OF PALM DESERT
DEPARTMENT OF DEVELOPMENT SERVICES
73510 Fred Waring Drive, Palm Desert, California 92260
Phone (760) 776-6479▪ Fax (760) 776-6417 ▪ planning@palmdesert.gov
SENATE BILL 35 ELIGIBILITY CHECKLIST
Government Code Section 65913.4, commonly known as Senate Bill 35 or “SB 35”, applies in cities
that are not meeting their Regional Housing Need Allocation (RHNA) goals for construction of very low,
low, or above moderate-income housing. SB 35 requires local jurisdictions to streamline the approval
of certain housing projects with minimum affordability requirements by providing a ministerial approval
process. This checklist provides an overview of SB 35 requirements which provides for a streamlined
and ministerial approval process for certain housing projects. All submittals for SB 35 streamlined
reviews must be submitted with this Eligibility Checklist and a completed SB 35 Application with all
required plans and exhibits.
If the answers to all the statements below are “YES” then the project is eligible for the approval process
under Government Code section 65913.4. If any of these responses are “NO”, then the project is not
eligible. For any statement with a response of “YES,” the applicant must demonstrate (providing
supplemental exhibits as appropriate) how that determination was rendered or the application will not
be accepted.
Before an SB 35 application can be submitted, the applicant must submit a notice of intent in the form
of a preliminary application that includes all of the information in Government Code Section 65941.1.
Please review the Senate Bill 35 Preliminary Application Form on the City’s website. The City must
then notify California Native American tribes traditionally and culturally affiliated with the area of the site
to determine if they wish to engage in a scoping consultation. State law does not allow the City to
accept this application until the Tribal Consultation and Scoping process has been completed.
I. ELIGIBILITY REQUIREMENTS:
This checklist below references the various eligibility criteria for processing set forth in
Government Code 65913.4 (applicable subsections noted below).
residential use or residential mixed-
Note: If the multifamily housing development is a mixed-use
development, at least two-thirds of the project's square footage must be
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SENATE BILL 35 ELIGIBILITY CHECKLIST
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•Objective standards are those that are “involve no personal or
subjective judgment by a public official and are uniformly verifiable
proponent and the public official prior to submittal.”
•A project is deemed to meet housing density standards if the
project density, excluding any density bonuses, is within the
maximum density allowed within the general plan land use
designation.
•No parking is required if the site is within ½ mile of transit, within a
historic district, within a block of a car share. One parking space
areas (subd. (a)(6)):
A.
defined pursuant to United States Department of Agriculture (subd.
(B)
B.Wetlands as defined under United States Fish and Wildlife Service
Manual, Part 660 FW 2 (June 21, 1993) (subd. C)
C.A very high fire hazard severity zone (subd. D)
D.A hazardous waste site (subd. E)
E. A delineated earthquake fault zone (subd. F)
F.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 (subd. G)
G.A
Management Agency (subd. H)
H.Lands identified for conservation in an adopted natural community
conservation plan (subd. I)
I.Habitat for protected species identified (subd. J)
(subd. (a)(7)):
A.
types of housing:
a.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.
b.Housing that is subject to any form of rent or price control
through a public entity’s valid exercise of its police power.
c.Housing that has been occupied by tenants within the past
10 years.
B.
development proponent submits an application under this section.
C.
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and units at the property are, or were, subsequently offered for sale
to the general public by the subdivider or subsequent owner of the
A.
Government Code section 65913.4(8)(A)(i).
B. The project is not in its entirety a public work and all construction
workers employed in the execution of the development will be paid
at least the general prevailing rate of per diem wages for the type
of work and geographic area.
C.
will use a skilled and trained workforce, as defined in Government Code