Senate Bill 35 (SB 35)

Updated: Dec. 5, 2022

Senate Bill 35 (SB35) streamlines the approval of certain housing projects by providing a ministerial approval process, removing the requirement for CEQA analysis, and removing the requirement for Planning Commission or City Council hearings provided that the proposed development meets certain criteria outlined in Government Code Section 65913.4.  A SB 330 Preliminary Application is required prior to submittal of a SB 35 Application

Submitting an Application:

1. Contact a City of Hayward Planner: Contact a planner by emailing planning.division@hayward-ca.gov or calling (510) 583-4216 to determine the SB 35 requirements and submittal materials. Please include the project address and a detailed description of your project.  
2. Register for an e-Permit Portal account: You must be a registered user of the Hayward e-Permit Portal before you can submit your application. Learn more about how to register on our e-Permit Portal help page.
3. Apply for your Plan Type: Using the e-Permit Portal, apply for your Plan by completing the online application and attaching the required submittal materials. Learn more about how to apply for a Plan on our e-Permit Portal help page.

Required Submittal Materials:

The submittal items below are required for this project type. Please note additional submittal items may be required depending on the project scope. A list of all the submittal requirements can be found in the Development Permit Checklist in Handouts.  

• Architectural Plans: Existing and proposed site plan, floor plans, and elevations and Project Data. (See Development Permit Checklist in Handouts for specifics).
• Project Narrative: A written description and explanation of the project.
• Owner Authorization Form: Only required if the applicant is not the property owner. (See Owner Authorization Form in Handouts).

Project Review:

Applicants will be notified by email or can login to the e-Permit Portal for updates on their application. SB 35 applications typically take three to five months to process. Estimated processing times do not include the time needed by the applicant to revise and resubmit their application.

Paying Fees:

After submitting your application through the e-Permits Portal, staff will reach out to coordinate payment. The initial application deposit for an SB 35 application is $1,000. If the cost to process the application exceeds this deposit, the applicant or owner must cover the cost. If the cost ends up being less than the deposit, the difference is refunded.