PJR-131 Housing Development Preliminary Application

To explain the process of submitting a Housing Development Preliminary Application under the provisions of the Housing Crisis Act of 2019 (SB 330). 

On October 9, 2019, Governor Newsom signed into law SB 330, the Housing Crisis Act of 2019. The act amends existing state laws and creates new regulations around the production, preservation and planning of housing. The bill took effect January 1, 2020. Some provisions in the bill apply to all jurisdictions in the State; others apply only to “affected cities and counties.” Sonoma County is not currently an affected county, and the procedure outlined here includes only the statewide provisions that apply to Sonoma County. All provisions will sunset on January 1, 2025. 

The goal of SB 330 is to create certainty in the housing development process and reduce processing times. The bill allows housing development projects to receive certain vesting rights through a preliminary application process. 

Step 1: Preliminary Application

A Housing Development Preliminary Application is submitted and on the date submitted, certain standards and fees are vested. Those include all fees covered by the Mitigation Fee Act, and all applicable development standards. Non-objective design review standards established after January 1, 2020, cannot be imposed or enforced.

To qualify for filing a Housing Development Preliminary Application, a project must consist of:

1. Residential units only (at least two);
2. Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use; or
3. Transitional housing or supportive housing.

Exceptions to vesting include:

1. Automatic fee adjustments (application processing fees, affordable or workforce housing fees, and other fees specified in the County Code as automatically adjusting)
2. Fees necessary to avoid specific, adverse public health or safety impact
3. Fees or standards required for California Environmental Quality Act (CEQA) mitigation
4. Post-occupancy requirements (e.g., inspection fees, new rent control, vacation rental bans, etc.)

Vesting may be cancelled if:

1. A full development application is not submitted within 180 days;
2. When a full development application is submitted, the applicant revises the project such that the number of residential units or square footage of construction changes by 20 percent or more; (excluding a request for a density bonus); or
3. Construction hasn’t commenced within two and a half years of final approval (“final approval" means approval and all appeal periods and statute of limitations have expired).

A Preliminary Application is not mandatory to submit an application for a housing development project. However, standards and fees are not vested without the submittal of a Preliminary Application. 

Step 2: Full Development Application

Within 180 days of submitting a Preliminary Application, an applicant must submit a full development application. Requirements for submitting a full housing development application can be found in PJR-128, Housing Development Application Requirements. That submittal is subject to the same review outlined in the Permit Streamlining Act. An applicant must respond within 90 days of receiving an incomplete determination, or the Preliminary Application expires and vesting does not occur.

Historic Determination

A determination as to whether a project will affect historic resources must be made when a project is determined complete. That determination remains valid throughout the development process unless artifacts are discovered. The determination does not override the relevant provisions in the Coastal Act or CEQA. 

Step 3: Application Review

Within 30 days (if the project consists of 150 or fewer units) or 60 days (if the project consists of more than 150 units), Permit Sonoma will issue a written determination of consistency with the development standards in place at the time the Preliminary Application was submitted. Environmental review in accordance CEQA is required, unless the proposed project is specifically exempt. Additional information or studies may be required to complete CEQA review. If Permit Sonoma determines that no significant environmental impact will result from the proposed project, a Negative Declaration, or Mitigated Negative Declaration, will be prepared incorporating any mitigation measures as conditions of approval.

Step 4: Hearing Process

Once the application is determined complete and CEQA review is complete, a public hearing may be held. The number of public hearings required and the decision-making bodies which review the project will depend on the project type. If a project is consistent with all general plan and zoning standards, no more than five public hearings or meetings (including appeals) may be required, including hearings or meetings before the Design Review Committee, Board of Zoning Adjustments, Landmarks Commission, or citizen advisory committees, or any public meeting required by the County of Sonoma. The limitations on the number of hearings does not apply if a project requires a general plan amendment or zone change. An applicant can waive the limit on the number of hearings if so desired.

A decision must be made on the project within 60 days after adoption of a mitigated negative declaration (90 days if an environmental impact report is required). 

The following are a list of items required to submit a Housing Development Preliminary Application. Requirements for a full development application can be found in PJR-128, Housing Development Application Submittal Requirements. Note: All documents must be submitted electronically. Permit Sonoma staff may, upon request, provide some assistance with electronic submittal if required. 

1. Application Forms:
   1. A complete Housing Development Preliminary Application (PDF)
   2. PJR-011 Indemnification Agreement (PDF), signed by owner or agent with owner’s written authorization. A separate indemnification agreement must be signed by each property owner.
   3. PJR-095 At-Cost Agreement (PDF). Housing development projects are processed on an at-cost basis. An At-cost Agreement is required at the time of submittal to provide a minimum fee and deposit sufficient to cover the cost of staff work on the project. Deposits must be maintained to cover staff costs or work may be halted on the project. 
2. Site plan meeting the requirements of PJR-129, Site Plan Requirements for Planning Applications, and the requirements stated in the Preliminary Application
3. Filing fee. See the current Permit Sonoma Project Review Fee Schedule. Fees will be determined once the full scope of a project is evaluated by Permit Sonoma staff at the time of application submittal. If paying by check, please do not fill in amounts on checks prior to application acceptance.