By-Right Approval Process for Relisted Housing Element Sites: Resources for AB 1397
"By-Right" is a streamlined process when a project meets all requirements. By-Right approval does not need discretionary review or a hearing for project approval. A building permit could be issued if the project meets all zoning and design standards.
Assembly Bill 1397 (AB 1397) is a state law. It requires jurisdictions to provide a by-right approval process for relisted sites. All sites are listed in the County’s “6th Cycle Housing Element Regional Housing Needs Assessment (RHNA) Site Inventory”. Eligible sites are relisted from the County’s previous 4th and 5th Cycle Housing Elements.
A project located on a relisted RHNA site may qualify for this process if it:
- Meets applicable requirements under state law
- Provides at least 20% of the units as affordable housing for lower-income households (up to 80% the Area Median Income or AMI)
- Adheres to all Standards for the community at the time of submittal.
Depending on the project, the number of affordable housing units will vary. For example, if the project consists of 100 units, then 20% affordable would amount to 20 units.
For more information, read the full text of Assembly Bill 1397.
Please review the Spreadsheet and the Checklist to confirm your parcel is eligible. If you have any questions about AB 1397 eligibility, please email us at:
PDSZoningPermitCounter@sdcounty.ca.gov.
Please note, the County is looking for feedback on how to expand the By-Right program. For more information, please visit the project website. Options for Streamlining Affordable and Attainable Housing.
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