Housing Crisis Act of 2019 (SB 330) Preliminary Review Application

 

What is Senate Bill 330 (SB 330)?

In October 2019, Governor Newsom signed into law the Housing Crisis Act of 2019 (SB 330). This bill establishes a Statewide housing emergency and creates new state laws focused on the production and preservation of housing. SB 330 aims to expedite and increase certainty in the development process with changes to the Housing Accountability Act and Permit Streamlining Act that will be in effect from January 1, 2020 to January 1, 2025. SB 330 also addresses the statewide housing shortfall with new protections for existing housing and restrictions on certain zoning actions that reduce the availability of housing. 

Is my project eligible for SB 330 expedited permitting?

SB 330 expedited permitting is available to all housing development projects that require discretionary review (project review and approval by the Planning Department, Planning Commission, City Council or other agency before an applicant can apply for a building permit). Housing development includes residential projects, mixed-use projects with at least 2/3 of the square footage dedicated to residential units; and transitional or supportive housing projects. The SB330 expedited process is intended to encourage development of housing projects by vesting codes, policies, and fees for the project at the time a completed application is submitted to the City. Within 180 days of submitting a complete preliminary application, the applicant shall submit an application for a Site Plan Review, Use Permit, Tentative Map, or any other required land use entitlement required for the project. SB330 does not apply to projects that require rezoning or General Plan Amendments. If the City determines that the application(s) is/are not complete pursuant to Government Code Section 65943, the applicant shall submit the specific information needed to complete the application within 90 days of receiving the City’s written incomplete notice. If the applicant does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.

How does SB 330 expedite the permitting process?

SB 330 expedites permitting for all housing development projects in the following ways:

  • Historic site determination at the time the preliminary application is deemed complete,
  • Maximum of five public hearings when a project is consistent with objective standards in place at the time an application is deemed complete, and
  • Project approval within 60 to 90 days after an Environmental Impact Report has been certified.

In addition, SB 330 provides an optional vesting opportunity for housing development projects, which freezes the policies, standards, and fees in effect when a preliminary application is submitted. 

What are the vesting rights granted by the SB 330 Preliminary Application process?

Under SB 330, housing development projects are subject only to the ordinances, policies, and standards in effect when the SB 330 Preliminary Application is submitted, including development impact fees, capacity or connection fees or charges, permit or processing fees, and any other required payments.

How do I apply for the SB 330 Preliminary Application process?

Applicants are encouraged to contact the City’s Planning Division at (510) 583-4200 to discuss the SB330 application process and associated timelines. Applicants must submit a completed SB 330 Preliminary Application to obtain vesting rights for the proposed housing development project. Please refer to the SB 330 Preliminary Application to see submittal requirements. 

Can I request a conceptual review of my housing project before I submit a Preliminary Application or Planning Application?

Yes. The City of Hayward offers applicants the ability for limited development review with the submittal of a Conceptual Development Review form. This courtesy review provides high level feedback on project design and land use compatibility from the City’s development review staff.

NOTE: If an applicant wishes to take advantage of the vesting rights provisions included in SB330, please review the Preliminary Application Document which shows the minimum required application materials that must be submitted in order for the preliminary application to be deemed complete. If an applicant does not want to take advantage of the vested rights provisions of SB330 or is seeking feedback on a non-housing project, not all of the items listed in the in the Preliminary Application materials document are required. Please contact the Planning Division for more information at (510) 583-4200. 

ELIGIBILITY CRITERIA

A Preliminary Application for a Housing Development Project shall be deemed to have been submitted upon providing all of the required information and payment of fees.

A “housing development project” consists of the following (excludes Zone Changes, Planned Development Rezones, General Plan Amendments, etc.):

  1. Residential projects only (excluding hotels) creating two (2) or more new dwelling units on a project site;
  2. Mixed-use developments consisting of residential and non-residential uses with at least 2/3 of the square-footage designated for residential use (excluding hotels); or
  3. Transitional housing or supportive housing.

APPLICATION CHECKLIST & DIRECTIONS

SB 330 Preliminary Application Instructions & Checklist Form

Is this available in the e-Permit Portal: 

Check Status Master Fee Schedule