Summary
SB-35 is clearly another social engineering scheme patterned after AFFH, Affirmative Furthering Fair Housing, created by then-President Obama. It is designed to subdivide standard residential lots into super tiny parcels for a small home.
Legislation text:
https://legiscan.com/CA/text/SB1123/id/2927306
Here’s a comprehensive overview:
Purpose and Goals
SB-35 was designed to:
- Increase housing supply, especially affordable housing.
- Streamline approvals for housing projects in jurisdictions failing to meet their Regional Housing Needs Allocation (RHNA) targets.
- Remove local political barriers to housing development by enforcing a ministerial (non-discretionary) approval process
Key Provisions
To qualify for SB-35 streamlining, a project must:
- Be in a jurisdiction that has not met its RHNA goals.
- Include a minimum percentage of affordable units:
- 10% if the jurisdiction failed to meet above-moderate income RHNA goals.
- 50% if it failed to meet low-income RHNA goals
- Comply with objective zoning and design standards.
- Be on land zoned for residential use and not in ecologically protected areas.
- Be a multi-unit development (not single-family homes).
- Use a skilled and trained workforce, meeting prevailing wage requirements
Approval Timeline
- Projects with fewer than 150 units: 60-day approval window.
- Projects with 150 or more units: 90-day approval window.
- If the local agency fails to act within the deadline, the project is automatically deemed approved
Impact and Implementation
- SB 35 has led to the approval of thousands of housing units, including major projects like the Vallco Mall redevelopment in Cupertino and 681 Florida Street in San Francisco
- As of 2023, over 18,000 units had been proposed under SB 35, with two-thirds designated as affordable housing
Challenges and Criticisms
- Local opposition: Many cities opposed SB 35, citing loss of local control over zoning.
- Legal challenges: Cities like Huntington Beach sued the state but lost in court
Limited use: Despite its potential, SB 35 has not been widely adopted due to financial and political hurdles
- Concerns about gentrification and reduced public input in planning processes
Recent Amendments
- SB 423 (2023) extended SB 35’s sunset date to January 1, 2036, expanded its scope to charter cities, and narrowed exemptions in coastal zones
SB 35 – Key Points
- Purpose: Streamlines housing development approvals in cities that fail to meet state housing goals.
- Eligibility Criteria:
- Jurisdiction must be non-compliant with RHNA targets.
- The project must include affordable housing (10–50% depending on income category).
- Must comply with objective zoning and design standards.
- Located on residentially zoned land, not in protected areas.
- Must be a multi-unit development.
- Labor Requirements:
- Use of a skilled and trained workforce.
- Must pay prevailing wages.
- Approval Process:
- Ministerial (non-discretionary) approval—no public hearings.
- Approval deadlines:
- 60 days for projects <150 units.
- 90 days for projects ≥150 units.
- Automatic approval if deadlines are missed.
- Impact:
- Thousands of units have been approved, with many being affordable.
- Used in significant developments like Cupertino’s Vallco Mall.
- Recent Update:
- SB 423 (2023) extended SB 35 to 2036 and expanded its scope to charter cities.