FAQs
1. Why is this project called a “SB 35” project?
The California state legislature approved Senate Bill (SB) 35 in 2017, which provided an expedited Planning project processing track with specified timelines for review and approval for qualified affordable housing projects. To qualify for SB 35 streamlining, housing projects need to demonstrate that they are in an "urban area" as qualified by the US Census, are outside of sensitive environmental or hazardous areas, and meet the affordability requirements (at least 50% of units must be restricted to households that make 80% Area Median Income or lower). The County can only review the project based on the criteria stated in Government Code Section (§) 65913.4. For example, the County can only apply objective zoning, subdivision, and design standards to these projects, which were adopted as of the original submittal date.
2. What does it mean for a project application to be “ministerial” and “streamlined”?
2. a. Ministerial projects refer to Planning projects that are not subject to the County’s discretion. In other words, the County must approve these projects if they meet the required standards referenced in state law.
2.b. Streamlined projects refer those projects that have specified, shortened timelines for review and approval.
3. What is the current status of this project? Is there an approved project on-site?
- August 27, 2020: The County’s Planning Commission approved the SB 35 project, El Dorado Senior Village (DR20-0001).
- August 31, 2021: In accordance with state law and the Board of Supervisor’s approved Resolution No. 211-2021, which authorized the Planning and Building Director to review modifications to SB 35 projects without further hearing or public notice, the Planning and Building Director approved a modification to the SB 35 project.
- November 2024: The applicant applied for a modification to the approved project, which would consolidate the residential buildings and decrease the total square footage and units on-site.
- January 30, 2025: After review of the revised plans, the Planning and Building Director denied the modification, because the modification request did not address all of the required standards of the Zoning Ordinance.
- March 7, 2025: The applicant submits revised request for modification to approved SB 35 project.
- April 3, 2025: Planning Division provides comment letter, which specifies requirements that must be met prior to SB 35 modification approval, to applicant.
- June 5, 2025: The Planning and Building Director must provide a determination regarding the SB 35 modification request by this date.
4. Has the original project expired?
This project will not expire as long as it meets affordability thresholds and receives public funding. According to §65913.4, SB 35 projects that restrict 50% of its housing units to households that make 80% or lower Area Median Income and receive public investment beyond tax credits do not expire. Of its 144 rental units, two will be reserved for managers, and the remaining 142 units will be restricted for 55 years to households that make 50% of Area Median Income or lower. This applicant has demonstrated public funding has been secured through 2031.
5. Are there any other permits for this site currently in process at the County?
The applicant has submitted improvement plans and building permit applications, to be reviewed concurrently with the modification request, at the Applicant's risk, because SB-35 eligibility (AKA, Director approval) is not guaranteed.
6. If I have more questions, who should I contact?
Please email SeniorVillage@edcgov.us.
7. Has the original SB-35 El Dorado Senior Village permit expired?
No, this SB-35 project applicant has demonstrated that they have public funding; therefore, according to the following California Government Code, there is no expiration date.
65913.4. (g) (1) If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project satisfies both of the following requirements:
(A) The project includes public investment in housing affordability, beyond tax credits.
(B) At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income.