ATTENTION: The applicants of the Kelsey Station Ayer Project have officially requested the project to be reviewed under Senate Bill 35. SB 35 is a statewide housing law that went into effect in January 2018. To address the state’s severe housing shortage and affordability crisis, SB 35 allows multifamily housing projects that satisfy specific criteria to be approved through a ministerial process (administrative) instead of being subject to a discretionary review process and a public hearing, such as a Director’s Hearing. SB 35 also caps the amount of time that local government has to review the project to 90 days if the development contains 150 or fewer housing units, and exempts qualified projects from the California Environmental Quality Act (CEQA). Project applicants may invoke SB 35 at any point in the development process, subject to meeting the SB 35 criteria.
SB 35 Project Criteria
Once a project demonstrates consistency with all the following criteria, the project would be considered approved.
- The project is a multifamily housing development (2 or more units) (subd. (a)(1)).
- At least 50% of the units are dedicated as affordable at or below 80% of the area median income (AMI) (subd. (a)(4)(B)).
- The site is in an urbanized area or urban cluster as designated by the Census (subd. (a)(2(A)).
- At least 75% of the perimeter of the site adjoins parcels currently or formerly developed with urban uses (subds. (a)(2)(B), (h)(8)).
- The site has either zoning or a general plan designation that allows for residential use or residential mixed-use development (subd. (a)(2)(C)). Note: For property designed for mixed-use, at least two-thirds of the square footage must be residential.
- The project does not include a subdivision of land (subd. (a)(9)).
- The project meets the design requirements, objective zoning standards, and objective design review standards (subd. (a)(5)).
- The project is outside each of the following types of areas (subd. (a)(6)-(a)(7)):
- Coastal zone
- Prime farmland or farmland of statewide importance
- Wetlands as defined under federal law
- Earthquake fault zones
- High or very high fire hazard severity zones
- Hazardous waste site
- FEMA designated floodplain or floodway
- Protected species habitat
- Lands under a conservation easement
- Lands designated for conservation in a habitat conservation plan
- A site that would require demolition of: housing subject to recorded rent restrictions, housing subject to rent control, housing occupied by tenants within past 10 years, or historic structure(s) placed on a local, state, or federal register
- A parcel of land governed by the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.
- The project proponent certified that the entire development is a public work for purposes of prevailing wage law or that the construction workers will be paid at least the prevailing wage (subd. (a)(8)(A)).
- The project proponent certified that a skilled and trained workforce will be used to complete the development, if the requirement is applicable (subd. (a)(8)(B)).
Statewide, as of December 2019, approximately four dozen projects have been approved or are being considered as SB 35 projects. In San José, the housing project by Affirmed Housing at 3550 Alum Rock Avenue has been approved under SB 35. The City is reviewing three more projects, now including The Kelsey Station Ayer Project, as SB 35 projects.
The Kelsey Ayer Station Project consists of:
- SB 35 Streamlined Ministerial Permit to allow a 115-unit multi-family apartment building with a State Density Bonus request of 2 Concessions (front setback and open space), on an approximately 0.47-gross acre site.
- File Number: H20-005. The file number has been converted from file number H19-019 to H20-005.
Site Plan and Building Elevations
Site Location Data
- Address / Street Location: 447 North 1st Street
- City Council District: 3
Architectural Plan Set
- Plan Set - Latest Submittal (Note: This is a 87 MB file)
- Plan Set - 1st Submittal (Note: This is a 15 MB file)
Northside Community Center - Thursday, July 25th, 2019
Planning Project Manager
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