Preliminary Housing Development Pursuant to SB 330

The Housing Crisis Act of 2019, adopted in Senate Bill 330 (SB 330), added Government Code section 65941.1, and allows an applicant for a housing development project to submit a preliminary application that provides a local agency with specified site information about the project. The zoning, design, subdivision, and fee requirements that will apply to the housing development project throughout the review and entitlement process will be based on the date that the applicant submits a complete preliminary application, including the payment of a permit processing fee.

A ‘housing development project’ is a project with at least one residential unit, which includes at least two-thirds residential use by floor area, or is transitional or supportive housing. A Preliminary Application can be submitted for projects that require both ministerial and discretionary approvals.

Under Senate Bill 423 (SB 423), a Preliminary Application will also serve as a “Notice of Intent” to file a Project Application, which triggers specified time-sensitive requirements.