PRESIDENT’S MESSAGE HOUSING LAW Four Lots for the Price of One! – New Housing Laws and Their Impact on Marin RILEY HURD AND ASHLING MCANANEY
In its ongoing efforts to get more housing
the approval of certain infill housing projects
built, the California Legislature continues to
by providing a ministerial approval process,
enact new laws promoting a streamlined de-
and removing the requirements for environ-
velopment process. These laws often come
mental review and/or a conditional use per-
at the expense of the discretionary authority
mit. This is a far cry from the typical year(s)
of local cities. Two examples of this regulato-
long processes usually found in Marin and
ry tidal wave include SB 35 and SB 9, each of which transform previously complex entitle-
beyond.
ments into objective ministerial actions. In other words, for better or for worse, they take away local control of land use regulation.
SB 35 – The Affordable Housing Streamlining Act SB 35, codified at Government Code section 65913.4, requires local entities to streamline
In order to take advantage of SB 35, a proposed project must be located in a city that has failed to submit its annual housing reports to the Department of Housing and Community Development, or that is not
meeting its Regional Housing Needs Allocation (RHNA) from the state. These days, with the state pushing massive housing numbers onto the cities, this means SB 35 is available just about everywhere.
THE MARIN LAWYER An Official Publication of the Marin County Bar Association
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