HOUSING APPLICATIONS UNDER SB35

What Is The Process For Streamlined Approval? 

Prior to accepting an application for SB-35 approval, the City must notify relevant California Native American tribes about the proposed development. A notice of intent to submit an SB-35 application shall include a Project Application, SB-35 Application Supplemental, State Density Bonus application supplemental (if required), a Preliminary Application pursuant to Government Code Section 65941.1, and architectural plans. If there is no response to the notification of intent or there is an agreement reached in a scoping consultation and the project application is deemed complete and eligible for SB-35 review, the project is eligible for SB-35 (ministerial) approval. If there is no agreement reached, a project is not eligible for SB-35 approval. Provided that the notification and scoping session result in either an agreement or no response, SB-35 timelines shall commence provided a building permit is submitted.  A complete description of the law and the process is included in the SB35 Fact Sheet.

Preliminary Application Review Process and Filing Requirements for SB-35

An applicant for a housing development project is required to submit a Preliminary Application in accordance with Government Code Section 65941.1.  A Preliminary 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.  

Applicants seeking streamlined approval though SB-35 are required to submit a notice of intent in the form of the preliminary application described above. The City will initiate the tribal consultation required by AB 168 upon receipt of the notice of intent/preliminary application.

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

Design Review for SB 35

An applicant is required to submit a Design Review application (based on the Residential Development Design and Development Standards and checklist) which will be strictly focused on assessing compliance with criteria required for streamline projects, as well as any reasonable objective design standards.

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

Residential Development Design and Development Standards

The City Council adopted Residential Development Design and Development Standards ("Standards") to replace the RDCS Competition Manual.  The Standards have been developed to meet the requirements of "Objective Standard" and are consistent with the Morgan Hill 2035 General Plan. 

Residential Development Design and Development Standards (PDF)