SB 35 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 35	CA	2017	D	Affordable housing incentives and financing, By-right zoning, Deadlines, Density bonus, Enforcement, Fair distribution of housing, Impact fees, Inclusionary zoning, Minimum parking requirements, Planning Requirements, Streamline application, Waiver of Fees, Written findings, burden and standard of proof

Provided by Furman

Summary

Amends Planning and Zoning law to require local governments to include the following in the housing element portion of their annual report:

The number of housing development applications received in the prior year;
The number of units included in all development applications in the prior year;
The number of units approved and disapproved in the prior year;
A listing of sites rezoned to accommodate the local governments share of regional housing need;
The number of net new units of housing, including the housing’s income category broken down by rental or for-sale; and
The number of applications submitted and approved, as well as building permits issued, pursuant to the streamlined approval process for affordable housing.

Instructs the Department of Housing and Community Development to post the report online.
Providing for a streamlined, ministerial approval process not subject to a conditional use permit for multifamily development (2 or more units) that is:

Located in a city that includes an urbanized area, or is wholly within an urbanized area or urban cluster in an unincorporated area; at least 75 percent of the perimeter adjoins parcels developed with urban uses; and Zoned for residential use or residential mixed-use development, with at least two-thirds of the square footage designated for residential use.
In a locality that has not met its share of regional housing needs and is subjected to a requirement mandating a minimum percentage of below market rate housing; ranging from 10% of units affordable at 80% AMI, to 50% of units affordable at 80% AMI, depending on the number of moderate-income housing units the locality has approved.

The development meets objective zoning standards and objective design review standards, excluding any additional density or any other concessions, incentives, or waivers of development standards;
Excludes developments in a coastal zone, farmland, wetlands, high fire hazard, hazardous waste site, delineated earthquake fault zone, a flood plain, and lands identified for conservation, also excludes development sites which would require the demolition of deed restricted or rent controlled affordable housing or housing occupied within the past 10 years, sites subject to laws governing mobile homes, or that would require the demolition of a historic structure
The development proponent must pay a prevailing wage, and use a skilled and trained workforce, depending on the number of non-100 percent subsidized affordable units and the population of the relevant jurisdiction. If the project includes 10 or fewer units and is not a public work, the development is exempt from these labor standards
Requires local governments rejecting developments submitted under the streamlined, ministerial process to provide writing findings within 60 days for developments of 150 or fewer housing units and within 90 days of a development of more than 150 housing units; If a local government fails to provide written findings, the development shall be deemed in compliance with objective planning standards.
Requires local governments to complete any design review or public oversight of the development within 90 days of submission for developments of 150 or fewer housing units or within 180 days of submission for developments of 150 or more housing units;
Prohibits parking standards for developments within one-half mile of public transit, within an architecturally and historically significant district, where on-street parking permits are required but will not be offered to the occupants of the development, or where a car share vehicle is located within one block of the development. Otherwise limits parking standards to 1 parking space per unit.
If the project includes public investment in housing affordability (not including tax credits, outlined), the project may receive a one-time, one-year extension on approvals if it provides documentation of significant progress towards construction, and expiration shall not occur as long as vertical construction has begun and is in progress.
Prohibits local governments from increasing fees or inclusionary housing requirements for developments applying under a ministerial or streamlined process;
Sunsets the streamlined, ministerial process on January 1, 2026.