Housing Development Under SB 330

What is SB330? 

Senate Bill 330 (SB 330), also known as the Housing Crisis Act of 2019, is a California state law that was signed into law on October 9, 2019. The law was designed to address California's housing crisis by streamlining the approval process for housing developments and giving developers more flexibility in where they can build.

The bill changes certain aspects of the Permit Streamlining Act and Housing Accountability Act. One of the key provisions of SB 330 is that it limits the ability of cities and counties to adopt zoning that reduces residential density, or to impose design standards that limit the housing units allowed. This means that cities and counties can no longer block housing developments simply because they are too large or too dense.  

In the City of Morgan Hill, SB 330 has had a significant impact on development. The law has suspended the City's voter-approved growth control ordinance, Measure S, which limited the number of housing permits that could be issued each year. The law also set aside the population cap for the City. 

SB 330 has also streamlined the approval process for housing developments in Morgan Hill. Under the law, housing developments are subject to a ministerial approval process, which means that they are approved or denied based on objective criteria, rather than through a discretionary process that allows for public input and debate.

SB330 Chart Showing Text Steps

The combination of these these factors has led to a significant increase in housing development in Morgan Hill. In the past years, the City has approved more housing units than it has in any year since 2016. This increase in housing development is expected to continue in the coming years.

SB 330 has been controversial since its passage. Some critics argue that the law gives developers too much power and will lead to the construction of poorly-designed, high-density housing developments that will harm the character of neighborhoods. Others argue that the law is necessary to address California's housing crisis and will help to create more affordable housing options for Californians. In Morgan Hill, some residents have expressed concerns about the impact of the law on traffic, schools, and the environment. Others have welcomed the law as a way to address the City's housing shortage.

The City is working to mitigate the impact of the law on traffic, schools, and the environment. And, is also working to ensure that the new housing developments are affordable and accessible to all residents.

Residential Development Design and Development Standards (Objective Criteria)

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. 

The purpose of the Residential Development Design and Development Standards is to articulate project design requirements for all residential and mixed-use developments. These Standards will be utilized to detail the review process by clearly stating the City of Morgan Hill’s objectives for high quality, residential projects that are aesthetically pleasing, livable, sustainable, well-connected to neighborhood services. 

These Standards implement requirements of  SB 330 "Housing Crisis Act of 2019"  and shall remain in effect until SB 330 is rescinded or extended.

The Standards

Residential Development Design and Development Standards (PDF)

Preliminary Application Review Process and Filing Requirements for SB 330

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. The City requires at all required materials are submitted and fees paid at least two weeks prior to meeting. 

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

Final Housing Development Review Process (Discretionary Action) 

An applicant is required to submit a complete application based on the Residential Development Design and Development Standards and checklist for a development project within 180 days after submitting the Preliminary Application. 

Submittals are accepted over the counter.  Applicants can also email their application to the Planning@morganhill.ca.gov and the City will follow up regarding an invoice.  The City recommends an early consultation prior to filing an SB330 application but it is not required.