Half Moon Bay’s Attorney Explains SB 35 State Housing Law’s Application in the Coastal Zone and the Project Review Process for Midpen’s 52-Unit Affordable Housing Project

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VIDEO. From the Half Moon Bay City Council regular meeting on Tuesday, June 23rd, 2026 at 7:00pm, as a hybrid meeting, with remote comment. Agenda. Staff Report for Item #6A: “Receive a presentation from the City Attorney’s office on SB 35 state housing law, how it applies in the coastal zone, and the process for reviewing project proposals subject to the law.”



California Senate Bill 35 (SB 35)
 
is a state law that expedites the approval process for multifamily affordable housing projects in cities and counties that have failed to meet their state-mandated housing construction goals. It exempts qualifying developments from lengthy California Environmental Quality Act (CEQA) reviews.

Key Features

  • Streamlined Approval: It forces local governments to use a swift, ministerial (non-discretionary) review process for eligible housing developments.
  • No CEQA Delays: Qualifying projects are generally exempt from the California Environmental Quality Act, removing one of the biggest traditional hurdles to development.
  • Affordability Mandate: Developments must include a specific percentage of affordable housing units (typically at least 10%).
  • Labor Requirements: Developers must pay prevailing wages to construction workers on projects with 10 or more units.
  • Objective Standards: Localities can only apply objective, “as-of-right” planning standards (like design and zoning rules) to block or alter these projects.


Where It Applies
SB 35 does not apply to every city equally. It is triggered only in California jurisdictions that have fallen short of their Regional Housing Need Allocation (RHNA) targets. You can check your local city’s compliance and current building quotas by referencing the ⁠California Department of Housing and Community Development (HCD).


Extension and Future (SB 423)
While SB 35 was initially set to sunset, ⁠Senate Bill 423 was signed into law, extending these streamlining provisions through 2036 while expanding the rules to allow for more mixed-income housing.

Senate Bill (SB) 35 generally does not allow for traditional public hearings or discretionary public comment. Because SB 35 establishes a “ministerial” (administrative) approval process, local agencies are not permitted to use standard discretionary hearings to delay, condition, or deny projects that comply with existing objective standards. [1234]

However, there are a few specific nuances depending on the location and the project:

  • No Discretionary Review: Projects cannot be subjected to California Environmental Quality Act (CEQA) environmental review or subjective public hearings where the community can vote to reject the project. [12]
  • Limited Public Meetings: In certain census tracts—specifically those designated as moderate resource areas, low resource areas, or areas of high segregation and poverty—the city is required to hold a public meeting to allow community input on the development. [1]
  • Design Review: Municipalities can still choose to subject an SB 35 project to a design review or public oversight process, but it must be strictly objective. This review cannot inhibit or prevent the ministerial approval.



Half Moon Bay Approves, 4-1, Measure D Phasing Agreement with MidPen Housing for 52-Unit Metzgar/Main Project to be Competitive for Grant Cycles; Permit Process to Begin February 2027; 
December 4, 2025

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City Half Moon Bay Planning Commission Meetings ~ 2nd and 4th Tuesdays @ 7:00pm

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The Planning Commission consists of citizen volunteers appointed by the City Council to make decisions or advise the Council on land use and property development issues. The Commission assures that new development is consistent with our Zoning Ordinance, Subdivision Ordinance, long-range General Plan and Local Coastal Plan, State laws and other public policies that advance the interests of our community.

CONTACT: Comments to the Commission and to Staff can be submitted by emailing BJett@hmbcity.com.

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Planning Commission meetings are held at 7 pm every 2nd and 4th Tuesday of each month, at the Emergency Operations Center (EOC), 537 Kelly Avenue.

2026 Members

  • David Gorn, Chair
  • Rick Hernandez, Vice Chair
  • Christopher DelNagro, Planning Commissioner
  • Jacob (Jim) Rems, Planning Commissioner
  • Steve Ruddock, Planning Commissioner

Leslie Lacko: Community Development Director

To communicate with members of the Planning Commission, please use the staff contact information to the right:  Contact Us

Bridget Jett: Consultant – Planning Analyst
BJett@hmbcity.com

From the left: Jacob (Jim) Rems, Rick Hernandez, Chair David Gorn, Christopher DelNagro and Steve Ruddock
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