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Deputy Attorney Givner outlines SB 35 guidelines for affordable housing project review

August 16, 2023 | San Francisco City, San Francisco County, California


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Deputy Attorney Givner outlines SB 35 guidelines for affordable housing project review
In a pivotal discussion during the recent San Francisco government meeting, Deputy City Attorney Mr. Givner provided crucial insights into Senate Bill 35 (SB 35), a state law that mandates the approval of certain affordable housing projects. This law requires the city to ministerially approve qualifying residential developments that meet specific criteria, streamlining the approval process for projects aimed at increasing affordable housing in the city.

Givner emphasized that the board's review of such projects is limited to confirming compliance with SB 35 criteria, rather than engaging in the usual discretionary review process. He clarified that the appeal currently under consideration does not challenge the project's adherence to design standards, which is a significant aspect of SB 35's framework.

The law outlines three key stipulations regarding subsequent permits, including the requirement for the city to issue permits if the application aligns with the initially approved development. Additionally, it prohibits the imposition of unique procedures or requirements on these projects that are not applied to others outside of SB 35's scope. Givner warned that any actions taken by the board that could inhibit or delay the development must be carefully justified based on the established criteria.

Commissioner TransUnion expressed appreciation for Givner's explanation, recalling previous discussions about the demolition permit and the assurance given to the public regarding future opportunities to address concerns at the building permit stage. This meeting highlighted the ongoing commitment to navigating the complexities of housing development while adhering to state mandates aimed at alleviating the housing crisis in San Francisco.

As the board prepares to deliberate on the appeal, the implications of SB 35 remain at the forefront, underscoring the urgency of advancing affordable housing initiatives in the city.

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