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 defined 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.
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. The County’s Resolution 214-2024 authorizes the Planning and Building Director to review and provide determination for streamlined housing projects.
3. What is the purpose of a SB 35 Notice of Intent / Preapplication?
During the SB 35 Notice of Intent (NOI) / Preapplication, Planning staff notifies California Native American tribes that are traditionally and culturally affiliated with the geographic area regarding the proposed preliminary application and consults with the tribes regarding the protection of tribal cultural resources. Planning staff also reviews the preliminary application materials and provides courtesy SB 35 eligibility checklist comments to the applicant.
Because this project site is located within a moderate resource area according to the California Tax Credit Allocation Committee / California Department of Housing and Community Development (CTCAC/HCD) Opportunity Map, a public meeting is required to be held by the Board of Supervisors within 45 days after receiving the Notice of Intent.
The SB 35 NOI / Preapplication must be completed prior to the SB 35 Streamlined Ministerial Housing application, in which Planning staff determines eligibility and reviews for consistency with objective planning and design standards, either approving or denying the proposal within 90 days.
4. Why are SB 35 projects required to have a public meeting held by the Board of Supervisors?
Approved in 2023, SB 423, which extends and expands SB 35, requires an informational public meeting for projects that are located within a low or moderate resource area or an area of high poverty and segregation based on the CTCAC/HCD Opportunity Map. Prior to the passage of SB 423, a public meeting was not required.
El Dorado County does not have any areas of high poverty and segregation based on the CTCAC/HCD Opportunity Map.
5. What is the scope of the public meeting that is held by the Board of Supervisors?
The purpose of the public meeting is to allow the Board of Supervisors and the public to comment on the project, because the project site is located within a moderate resource area according to the CTCAC/HCD Opportunity Map. No decisions regarding project approval or denial will be made during this meeting.
6. What does it mean for a project to be located in a particular resource area?
The CTCAC/HCD Opportunity map classifies geographic areas throughout the state based on specific indicators associated with positive economic, educational, and health outcomes for low-incomes families and children. The opportunity categories consist of low, moderate, high, and highest resource. The higher-resourced an area is, the more opportunities low-income families, especially children, have to attain long-term positive outcomes.
An SB 35 project may not be denied based on the fact that it’s in a low or moderate resource area provided that the project comply with state law and the County’s objective planning standards.
7. Where can I learn more about the methodology of the CTCAC/HCD Opportunity Map?
Please visit the “Frequently Asked Questions” and “2025 Opportunity Mapping Methodology” on the CTCAC / HCD Opportunity Area Maps website.