Senate Bill (SB) 35/AB 2011 Projects
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SB 35 Streamlined ministerial approval process
California Senate Bill 35 (2017 Legislative session) created a streamlined and ministerial approval process for certain housing projects under Government Code §65913.4. SB 35 mandates that projects meeting certain specified criteria must be processed through a streamlined, ministerial approval process and shall not be subject to a conditional use permit or any other discretionary review. The City may only evaluate the proposal against objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time the completed notice of intent is submitted to the City.
Process:
Applicants intending to invoke the SB 35 streamlining and ministerial approval process for a housing project proposal must submit the SB 35 Notice of Intent (NOI) Application. The NOI submittal is required to include a completed SB330 Preliminary Application Form supporting documentation for each question and the applicable NOI fee. Applicants are also encouraged to submit a full set of project plans (i.e., site plan, floor plan, demolition plan, elevations, building cross-sections, and conceptual landscape and civil plans - See Standard Plan Details & General Requirements),as well as a completed SB35 Eligibility Checklist and supporting documentation for each question, as applicable, to demonstrate eligibility. Incomplete materials that do not include required attachments or supporting documentation will not be processed and the request will be deemed incomplete.
In addition to the reviewing project eligibility for the SB35 process, the City must notify relevant California Native American tribes about the proposed development. For this reason, the City must collect a Tribal Consultation application fee in addition to the NOI fee. The City will start the Tribal Consultation Process as required by Government Code Section 65913.4(b), within 30 days of the filing of the NOI. If there is no tribal response to the NOI, or if an agreement is reached in a tribal scoping consultation, the NOI process is deemed complete, and the City will issue an NOI Completeness Letter. If there is no agreement reached, a project is not eligible for further steps in the SB 35 approval process. This step must be completed prior to official application under the SB 35 Streamlined Ministerial Approval Process.
After completing of the NOI process an applicant may submit an official application for Streamlined Ministerial Review Process Application. In addition to this application form, the applicant must submit the NOI Completeness Letter, Updated Project Plans, Eligibility Checklist Items demonstrating the Project's compliance with SB35 Eligibility Criteria, a table/matrix demonstrating the proposed project’s compliance with all of the City’s adopted objective standards, and a Phase I Environmental Site Assessment. Staff will review the submitted materials and determine if a project is consistent with or conflicts with any of the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project. The Community Development Director’s (Director’s) consistency review of the project shall be completed within the applicable timelines prescribed the California Government Code and the City’s Municipal Code Section 10-1-19302. Upon the Director’s determination that a project is consistent with all applicable objective standards, the project shall be approved. The Director’s Decision shall be final and is not subject to administrative appeal.
Process:
Applicants intending to invoke the SB 35 streamlining and ministerial approval process for a housing project proposal must submit the SB 35 Notice of Intent (NOI) Application. The NOI submittal is required to include a completed SB330 Preliminary Application Form supporting documentation for each question and the applicable NOI fee. Applicants are also encouraged to submit a full set of project plans (i.e., site plan, floor plan, demolition plan, elevations, building cross-sections, and conceptual landscape and civil plans - See Standard Plan Details & General Requirements),as well as a completed SB35 Eligibility Checklist and supporting documentation for each question, as applicable, to demonstrate eligibility. Incomplete materials that do not include required attachments or supporting documentation will not be processed and the request will be deemed incomplete.
In addition to the reviewing project eligibility for the SB35 process, the City must notify relevant California Native American tribes about the proposed development. For this reason, the City must collect a Tribal Consultation application fee in addition to the NOI fee. The City will start the Tribal Consultation Process as required by Government Code Section 65913.4(b), within 30 days of the filing of the NOI. If there is no tribal response to the NOI, or if an agreement is reached in a tribal scoping consultation, the NOI process is deemed complete, and the City will issue an NOI Completeness Letter. If there is no agreement reached, a project is not eligible for further steps in the SB 35 approval process. This step must be completed prior to official application under the SB 35 Streamlined Ministerial Approval Process.
After completing of the NOI process an applicant may submit an official application for Streamlined Ministerial Review Process Application. In addition to this application form, the applicant must submit the NOI Completeness Letter, Updated Project Plans, Eligibility Checklist Items demonstrating the Project's compliance with SB35 Eligibility Criteria, a table/matrix demonstrating the proposed project’s compliance with all of the City’s adopted objective standards, and a Phase I Environmental Site Assessment. Staff will review the submitted materials and determine if a project is consistent with or conflicts with any of the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project. The Community Development Director’s (Director’s) consistency review of the project shall be completed within the applicable timelines prescribed the California Government Code and the City’s Municipal Code Section 10-1-19302. Upon the Director’s determination that a project is consistent with all applicable objective standards, the project shall be approved. The Director’s Decision shall be final and is not subject to administrative appeal.
SB 35 application forms are available online.
ab 2011 streamlined ministerial approval process
Assembly Bill 2011 (AB 2011), codified in California Government Code Sections 65912.100 – 65912.140, requires the City to review qualifying housing development projects using a streamlined ministerial review process. Eligible projects must comply with objective planning standards, provide specified levels of affordable housing, and meet other specific requirements, as detailed in this application.
Process:
Applicants intending to invoke the AB 2011 Streamlined Ministerial Review approval process must complete the Streamlined Ministerial Review Process Application and the applicable processing fee. Additional materials include AB2011 Supplemental Application - Eligibility Checklist with supporting documentation for each item (as applicable) to demonstrate eligibility, completed project plans (i.e., site plan, floor plan, demolition plan, elevations, building cross-sections, and conceptual landscape and civil plans - See Standard Plan Details & General Requirements), a Table/Matrix demonstrating compliance with all objective design and development standards, and a Phase I Environmental Site Assessment (ESA).
The Planning Division will review the submitted materials and process the application in compliance with AB2011 criteria, in accordance with the timelines and process outlined in Section 10-1-19302 of the Burbank Municipal Code.
Process:
Applicants intending to invoke the AB 2011 Streamlined Ministerial Review approval process must complete the Streamlined Ministerial Review Process Application and the applicable processing fee. Additional materials include AB2011 Supplemental Application - Eligibility Checklist with supporting documentation for each item (as applicable) to demonstrate eligibility, completed project plans (i.e., site plan, floor plan, demolition plan, elevations, building cross-sections, and conceptual landscape and civil plans - See Standard Plan Details & General Requirements), a Table/Matrix demonstrating compliance with all objective design and development standards, and a Phase I Environmental Site Assessment (ESA).
The Planning Division will review the submitted materials and process the application in compliance with AB2011 criteria, in accordance with the timelines and process outlined in Section 10-1-19302 of the Burbank Municipal Code.
AB2011 application forms are available online.
Currently the City doesn't have any AB 2011 submitted projects for review.
Currently the City doesn't have any AB 2011 approved projects.