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Housing

Ministerial Housing

Ministerial approval of infill housing (State of California/SB 35 and City of Sacramento Permits)

The City of Sacramento offers two ministerial permit options for housing development projects that meet objective standards and eligibility requirements.  Ministerial housing permits that meet objective standards are approved administratively and do not require a public hearing.

Applications and fee worksheet can be found on this webpage:

  • SB 35 Ministerial Housing Application (CDD-0427)
  • SB 35 Notice of Intent (CDD-0429) must be submitted prior to submitting the SB 35 Ministerial Housing Application (CDD-0427).
  • City of Sacramento Ministerial Housing Application (CDD-0428)

Ministerial permit regulations and objective standards are found here:

Comparison chart between the State of California and City of Sacramento permits

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

Status

Status of approval of infill housing

State of California Ministerial Approval of Infill Housing (Gov’t Code 65913.4) (State Requirement) CDD-0427City’s Ministerial Approval of Infill Housing (City Code Section 17.860) (City of Sacramento Permit) CDD-0428

Effective Dates:

January 1, 2018 – January 1, 2026

Effective Dates:

August 27, 2020

Planning review and streamlining provisions

Planning Review and Streamlining Provisions for infill housing

State of California Ministerial Approval of Infill Housing (Gov’t Code 65913.4) (State Requirement) CDD-0427City’s Ministerial Approval of Infill Housing (City Code Section 17.860) (City of Sacramento Permit) CDD-0428
Eligible projects that are consistent with the General Plan and meet objective zoning and adopted design review standards are subject to Ministerial reviewEligible 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) reviewProjects 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 ZoneNo changes to maximum density. Maximum density determined by the City’s Planning and Development Code.
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

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

Eligible projects for infill housing

RequirementsState of California Ministerial Approval of Infill Housing (Gov’t Code 65913.4) (State Requirement) CDD-0427City’s Ministerial Approval of Infill Housing (City Code Section 17.860) (City of Sacramento Permit) CDD-0428
Type:

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

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

Number of Housing Units:

2 Units

2-200 Units

Affordability Requirements:

2-10 Units: None

11 Units: 10% of units affordable to lower-income households

No specific requirement

Prevailing Wage and Labor Requirements:

Required for 11 Units

No specific requirement

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).

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

Ineligible projects for infill housing

ConsiderationsState of California Ministerial Approval of Infill Housing (Gov’t Code 65913.4) (State Requirement) CDD-0427City’s Ministerial Approval of Infill Housing (City Code Section 17.860) (City of Sacramento Permit) CDD-0428
Historic ConsiderationsProject cannot demolish a historic structure

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

Project cannot demolish units;

Projects occupied by tenants within last 10 years;

Projects that are subject to an affordable housing regulatory agreement;

Projects subject to any form of local rent or price control

The project cannot reduce the total number of dwelling units on the site;

Projects cannot demolish units: Occupied by tenants in a multi-unit dwelling (3 units) within the last year;

Projects that are subject to an affordable housing regulatory agreement

Environmental Considerations:

Project cannot be on a site: With prime farmland;

Projects designated as a hazardous waste site; With a mobile home park With conservation areas/easement or protected species;

Projects with wetlands;

Projects with a floodplain or floodway

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, or conditional use permit (CUP)

Projects cannot include:

Project with 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;

Project with a site in a planned unit development (PUD)

Project review timelines

Project Review Timelines for infill housing

State of California Ministerial Approval of Infill Housing (Gov’t Code 65913.4) (State Requirement) CDD-0427City’s Ministerial Approval of Infill Housing (City Code Section 17.860) (City of Sacramento Permit) CDD-0428
Notice of Intent required prior to application submittal.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

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 metNo deemed approval if deadline is not met

Background:

In 2017, the State of California passed Senate Bill 35 . SB 35 requires that the City of Sacramento provide a non-discretionary ministerial review permit process for housing development and mixed-use projects with two or more housing units. Projects must be approved if they meet existing objective standards relating to the General Plan, Planning and Development Code , and design review.

In 2019, the State of California passed Senate Bill 330. SB 330 prohibits the City of Sacramento from denying a project if that project meets objective standards. SB 330 does allow the use of subjective design review guidelines to shape a project if the subjective design guidelines are not used to deny a project. SB 330 also stipulates that jurisdictions cannot impose or enforce design standards adopted after January 1, 2020 that are not objective.

On May 28, 2019, City Council adopted a Resolution (2019-0206) directing staff to implement the Housing Streamlining Menu of Options. The Housing Streamlining Menu of Options is a list of over 50 potential actions the City’s Planning Division, other City departments, and partner agencies can initiate to streamline approval and production of housing. The administrative approval of housing projects was identified as one of these potential actions. Administrative review is a non-discretionary process and therefore is not subject to public hearings or the California Environmental Quality Act . If a project is consistent with adopted policies and standards, it is approved.

On July 28, 2020, the City Council adopted the Ministerial Approval of Infill Housing Ordinance Number 2020-0031 and Resolution Number 2020-0242 in response to SB 35 and SB 330. The ordinance and resolution adopted the Citywide Infill Housing Design Standards, effective as of August 27, 2020, which are based on the objective standards in the existing Citywide Multi-Unit Dwelling Design Guidelines.

There are several anticipated benefits to enacting a ministerial approval process for housing projects, including:

  • Reducing the turnaround time significantly by expediting the planning approval process to less than 90 days for most multi-unit housing projects; and
  • Reducing development risk by providing more certainty and clarity on the planning approval process to housing developers: thereby
  • Constructing housing faster, by approving housing projects more quickly than a discretionary review process due to the expedited and certain ministerial review process which eliminates the costs and time for environmental review which can be up to several hundred thousand dollars and decreasing carrying costs (i.e. mortgage payments on the land, preconstruction loans).

Resources

Contact

Ryan Dodge, Associate Planner

Phone: 916-808-8044

Email: rdodge@cityofsacramento.org

More

Senate Bill 9

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