NEW RESIDENTIAL DEVELOPMENT PROCESSES

Governor Newsom signed Senate Bill 35 ("SB 35") into law effective as of January 1, 2018, and is in effect until January 1, 2026, unless rescinded or extended. SB 35 added Government Code Section 65913.4. 

Governor Newsom signed Senate Bill 330 ("SB 330") into law effective as of January 1, 2020. SB 330 enacted Government Code Section 66300, the "Housing Crisis Act of 2019".

Purpose

SB 35 provides a streamlined, ministerial approval process for applications for a multifamily housing development, which satisfies specified planning objective standards to facilitate and expedite the construction of housing.  In Morgan Hill, projects seeking approval through SB 35 are required to dedicate at least 50 percent of the total number of units to housing affordable to households making below 80 percent of the area median income. 

SB35 Process and Applications

SB 330 provides eligible housing development projects seeking discretionary approval enhanced streamlining and an optional vesting opportunity through a process initiating by the filing of a Preliminary Application. A housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a Preliminary Application was submitted and upon payment of the processing fee.

SB330 Process and Applications

The City will be complying with SB35 and SB 330 when processing applications for housing development projects.

Early Consultation

Early consultation with the Development Services team is strongly recommended since zoning and housing requirements may apply that could affect the anticipated scope of a project and its ability to remain vested after a Preliminary Application is submitted. 

Eligible Housing Development Projects

A "Housing Development project" is a use consisting of any of the following: 

1. Residential units only.
2. Mixed-use developments with at least two-thirds of the square footage designated for residential use.
3.  Transitional housing or supportive housing.