Updated SB 35 Streamlined Ministerial Approval Determination

Attend our webinar on July 13 to discuss results of the determination Register below!
The California Department of Housing and Community Development (HCD) is pleased to announce an updated SB 35 Determination displaying the California cities and counties that are subject to streamlined housing approvals for specific housing projects under Senate Bill 35 (SB 35).

2022 SB 35 Determination
  • Exempt Jurisdictions: 38 
  • Jurisdictions with SB 35 Streamlining with at least 50% affordability: 238 (developments with at least 50% affordability would also be able to access SB 35 streamlining in the 263 jurisdictions noted below, for a total of 501 jurisdictions)
  • Jurisdictions with Streamlining with at least 10% affordability: 263

For most of the state (501 jurisdictions out of 539 jurisdictions) SB 35 Streamlining is available to developments with at least 50% affordability. 

Updated SB 35 Determination
The updated SB 35 Determination reflects the latest data submitted to HCD by jurisdictions in their "housing element Annual Progress Reports," (APRs) which includes the number of housing permits issued relative to each jurisdiction's housing need. Each April, all 539 jurisdictions in California are required to submit their APRs, covering the prior calendar year's activities. These APRs are used to develop the SB 35 Determination, as well as provide invaluable data on the housing landscape in California.

Interactive SB 35 Determination Online Map
Accompanying the updated SB 35 Determination is an online interactive map. Users can quickly view detailed data for each jurisdiction, including whether the city/county: 
  • has an HCD-approved housing element
  • is subject to streamlined ministerial housing approvals
  • has been submitting its Annual Progress Reports
  • how the issued permits stack up against the city/county's housing need by income category
Join our webinar!
We will be summarizing the results of the determination.

Register to attend

July 13, 2022
11 am - 12 pm
Additional information on the SB 35 Streamlined Ministerial Approval Program and the SB 35 Determination is available on the HCD website:

2021 APR Insights
The updated SB 35 determination is based on 503 2021 APRs received from approximately 93 percent of the local jurisdictions in the state as of
June 1, 2022. 
Permits reported in 2020 APRs totaled:
  • 8,473 for units affordable to very-low income households (7.90% of annual total)
  • 8,396 for units affordable to low income households (7.83% of annual total)
  • 11,405 for units affordable to moderate income households (10.63% of annual total)
  • 78,980 for units affordable to above moderate income households (73.64% of annual total)

Permits reported in 2021 APRs as of June 1, 2022 totaled:
  • 9,563 for units affordable to very-low income households (7.42% of annual total)
  • 9,717 for units affordable to low income households (7.54% of annual total)
  • 12,393 for units affordable to moderate income households (9.61% of annual total)
  • 97,221 for units affordable to above moderate income households (75.43% of annual total)

There are 263 jurisdictions that have reported more permits in 2021 APRs, in comparison to the 2020 APRs.
Developers have continued using the SB 35 Streamlined Ministerial Approval Process, with jurisdictions reporting entitlements on 44 eligible projects in their 2021 APRs. While this is a decrease of 10% from last year, this may be due to better data reporting. SB 35 Streamlining is an area where the APR team continues to encourage jurisdictions to double check their reporting.
For more detail and daily updates on data reported in the 2021 APRs, please visit the APR Dashboard.

There is still room for improvement, however, as only 38 jurisdictions are exempt from SB 35, having made sufficient progress towards permitting their lower-income and above-moderate income Regional Housing Needs Allocation (RHNA). While there were 171 jurisdictions that reported an increase in low-income permits in their 2021 APRs, most jurisdictions did not increase low-income permitting from 2020 to 2021.
Other insights from the 5th and 6th Housing Element cycles:
HCD makes other data and insights from the 2021 and prior APRs since 2018 available for view and download in the interactive APR Dashboard and Download portal.

Questions? Please email: APR@hcd.ca.gov