MINISTERIAL APPROVAL of infill housing (STATE OF CALIFORNIA/SB 35 AND CITY OF SACRAMENTO PERMITS)

State of California Ministerial Approval of Infill Housing (Gov’t Code 65913.4) (State Requirement) CDD-0427

City’s Ministerial Approval of Infill Housing (City Code Section 17.860) (City of Sacramento Permit) CDD-0428

Bolded items highlight how the City of Sacramento Ministerial Approval of Infill Housing process differs from State of California requirements.

Status

• Effective Dates:
  • January 1, 2018 – January 1, 2026

• Effective Date:
  • August 27, 2020

Planning Review and Streamlining Provisions

• Eligible projects that are consistent with the General Plan and meet objective zoning and adopted design review standards are subject to Ministerial review

   

• Projects eligible for Ministerial approval are not subject to California Environmental Quality Act (CEQA) review

   

• Maximum density determined by the General Plan if it is greater than the maximum density for the Zone

   

• No required parking within ½ mile of transit (includes frequent bus routes) or within an architecturally and historically significant district, and overall cannot exceed one space per unit

• Eligible projects that are consistent with the General Plan and meet objective zoning and Citywide Design Guidelines Design Principles are subject to Ministerial review

   

• Projects eligible for Ministerial approval are not subject to California Environmental Quality Act (CEQA) review

   

• No changes to maximum density. Maximum density determined by the City’s Planning and Development Code.

• No changes to parking requirements. Projects are eligible for the City’s existing reduced parking requirements near transit stations including:
  • ¼ mile of a light rail station: no minimum required off-street vehicle parking
  • ½ mile of a light rail station: required off-street vehicle parking reduced by 50% on top of other existing reductions in the code

Eligible Projects

• Type:
  • Residential or mixed-use (residential must be at least 2/3 of building square footage)

     

• Number of Housing Units:
  • 2+ Units

     

• Affordability Requirements:
  • 2-10 Units: None
  • 11+ Units: 10% of units affordable to lower-income households

     

• Prevailing Wage and Labor Requirements:
  • Required for 11+ Units

     

• Infill Requirements (SB 35 Definition):
  • At least 75 percent of the linear measurement of the perimeter of the site adjoins parcels (including those only separated by a street).

• Type:
  • Residential or mixed-use (residential must be at least 2/3 of building square footage)

     

• Number of Housing Units:
  • 2-200 Units

     

• Affordability Requirements:
  • No specific requirement

     

     

• Prevailing Wage and Labor Requirements:
  • No specific requirement

     

• Infill Requirements (City Code Definition):
  • A site that has been previously developed, or development on a vacant site, where at least 75% of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with existing uses.

Ineligible Projects

• Historic Considerations:
  • Project cannot demolish a historic structure

     

     

     

     

• Demolition Considerations:
  • Project cannot demolish units:
    • Occupied by tenants within last 10 years
    • Subject to an affordable housing regulatory agreement
    • Subject to any form of local rent or price control

       

       

• Environmental Considerations:
  • Project cannot be on a site:
    • With prime farmland
    • Designated as a hazardous waste site
    • With a mobile home park
    • With conservation areas/easement or protected species
    • With wetlands
    • With a floodplain or floodway

       

       

• Planning Considerations:
  • Projects cannot include:
    • A variance, deviation, or conditional use permit (CUP)

• Historic Considerations:
  • Project cannot be in a historic district or be a historic or cultural resource
  • Project cannot be on a site known to contain archaeological or paleontological resources, or human remains

     

• Demolition Considerations:
  • The project cannot reduce the total number of dwelling units on the site
  • Project cannot demolish units:
    • Occupied by tenants in a multi-unit dwelling (3+ units) within the last year
    • Subject to an affordable housing regulatory agreement

       

• Environmental Considerations:
  • Project cannot be on a site:
    • With prime farmland
    • Designated as a hazardous waste site
    • With a mobile home park
    • With conservation areas/easement or protected species
    • With wetlands
    • With floodplain or floodway
    • Within 1,000 feet of an existing or former landfill

       

• Planning Considerations:
  • Projects cannot include:
    • A variance, deviation, conditional use permit (CUP), legislative change request, or any other discretionary entitlement or request under Title 17 of the Sacramento City Code
    • A site in a planned unit development (PUD)

Project Review Timelines

• Notice of Intent required prior to application submittal.
• From date of submittal, provide written notice of any objective development standards not satisfied:
  • ≤ 150 Units: 60 days
  • > 150 Units: 90 days
• Deemed approval if deadline is not met

• No Notice of Intent required. 
• From date of submittal, provide written notice of any objective development standards not satisfied:
  • ≤ 150 Units: 60 days
  • > 150 Units: 90 days

• No deemed approval if deadline is not met