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File #: 20-1559    Version: 1
Type: Agenda Item Status: Approved
File created: 11/13/2020 In control: Board of Supervisors
On agenda: 2/9/2021 Final action: 2/9/2021
Title: Planning and Building Department, Planning Division, recommending the Board: 1) Receive and file a presentation on the SB 35 Legislation and the County’s proposed SB 35 Processing Application Checklists and Procedures; 2) Provide direction to staff on the preferred Approval Authority for SB 35 Streamlined Ministerial Projects where a discretionary review would otherwise be required by Title 130 of the County Code; 3) Provide direction to staff on whether or not the Board wishes to provide an opportunity for appeal within the County’s streamlined ministerial process, and if so, who should be the approval authority for appeals of streamlined ministerial projects where a discretionary review would otherwise be required by Title 130 of the County Code; 4) Provide direction to staff on whether or not the County should reduce the time to submit an appeal of a SB 35 Streamlined Ministerial Project from 10 days to 3 days; and 5) Approve and authorize the Chair to sign Resolution 211-2021 iden...
Attachments: 1. A - Signed Blue Route, 2. B - Draft Resolution With Appeal, 3. C - Draft Resolution Without Appeal, 4. D - Draft SB 35 Process Instructions, 5. E - Draft SB 35 NOI Instructions, 6. F - SB 35 - final, 7. G - AB 168 - final, 8. H - SB 35 BOS Presentation, 9. Executed Resoluton 211-2021
Title
Planning and Building Department, Planning Division, recommending the Board:
1) Receive and file a presentation on the SB 35 Legislation and the County’s proposed SB 35 Processing Application Checklists and Procedures;
2) Provide direction to staff on the preferred Approval Authority for SB 35 Streamlined Ministerial Projects where a discretionary review would otherwise be required by Title 130 of the County Code;
3) Provide direction to staff on whether or not the Board wishes to provide an opportunity for appeal within the County’s streamlined ministerial process, and if so, who should be the approval authority for appeals of streamlined ministerial projects where a discretionary review would otherwise be required by Title 130 of the County Code;
4) Provide direction to staff on whether or not the County should reduce the time to submit an appeal of a SB 35 Streamlined Ministerial Project from 10 days to 3 days; and
5) Approve and authorize the Chair to sign Resolution 211-2021 identifying the Approval Authority and Appeal process for SB 35 Streamlined Ministerial Projects where a discretionary review would otherwise be required by Title 130 of the County Code.

FUNDING: There is no funding associated with this item. Future SB 35 Projects will be paid for by the Project Applicant.
Body
DISCUSSION/BACKGROUND
California Senate Bill 35 (SB 35), codified at Government Code section 65913.4, was part of a fifteen-bill housing package aimed at addressing California’s overall housing shortage and high housing costs. The law requires cities and counties that have not yet made sufficient progress towards their allocation of the regional housing need to establish a streamlined ministerial approval process for eligible affordable housing projects, and also exempts these projects from environmental review under the California Environmental Quality Act (CEQA).
The Department of Housing and Community Development’s (HCD) has developed a list of cities and countie...

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