Wildwood apartments (LUP 23-242) FAQ

Q: What is a SB 330 / Builder's Remedy Application?

A: The California Department of Housing and Community Development (HCD) set a deadline of February 15, 2023, for all jurisdictions within Santa Barbara County to complete their Housing Elements for submittal and approval, and also provided a 120-day grace period. The City, along with other jurisdictions in the County, missed this deadline. During the period when the City was out of compliance with HCD, any applicant could utilize new State laws (SB 330) to facilitate housing development, including projects that do not conform with zoning but meet policies in the existing General Plan and adopted Housing Element. This is known as the “Builder’s Remedy.” Other cities throughout California, including unincorporated Santa Barbara County, have encountered such applications. The City received one such application.

Q: Does this mean the project is already approved?

A: No. City staff must review any subsequent submittals against pertinent local regulations, as well as state and federal laws. The proposed project also requires a public hearing approval. SB 330 applications are limited to a total of 5 public hearings.

Q: What's the difference between and SB 330 application and standard entitlement application?

A: An SB 330 application differs slightly from a standard entitlement application. Some of the major differences are:

• The number of public hearings is limited to 5 total.
• The project does not need to conform to the underlying zoning.
• Local rules and regulations are frozen as of the date the project was submitted, including updates to the Housing Element, General Plan, and local zoning regulations.
• All impact fees are based on the submission date, not the time of approval or building permit application.
• At least 20% of the total units must be deed-restricted for low- or very-low-income households for a minimum of 55 years (the price is set by the State of California and Santa Barbara County). Recently chaptered AB 1893 Changes this threshold to 13%. 
• All applicable zoning regulations and General Plan implementation measures that are enforceable must be "objective" (i.e., measurable regulations such as setbacks, heights, etc.). Subjective standards, such as design guidelines, do not apply.
• Clear timeframes are set for both the city and the applicant

Q: The Application also includes what is called a "State Density Bonus". What is that?

A: Originally enacted in 1979, California’s Density Bonus Law (Gov. Code §§65915 - 65918) allows a developer to increase density on a property above the maximum set under the City's General Plan land use plan. In exchange for the increased density, a percentage of the new affordable dwelling units must be reserved at below-market rates (BMR). Applicants may also receive reductions in required development standards or "concessions." In some cases, developers may request a State Density Bonus without increasing the density of their project, but instead take advantage of the law's provisions, including: 1) incentives (or concessions) providing cost reductions; 2) waivers of development standards that would prevent the project from being developed at the permitted density, and 3) reductions in parking requirements using state parking maximums instead.

When a developer requests a State Density Bonus, it is mandatory for charter cities like Solvang to process these applications. A developer who meets the law’s requirements for affordable units is entitled to the density bonus and other assistance, regardless of the community's desires (subject to limited health and safety exceptions). Rejection of such requests may result in a developer suing the city or county. If the developer successfully sues, they may be entitled to an award of attorneys’ fees. This provides an incentive for cities to comply with the state density bonus requirements, even if they are not in favor of the project's effects.

Finally, California's legislature passed AB 1297, effective January 1, 2024, requiring the City to process applications in accordance with State law.

Q: Does an SB 330 Application mean there is also no environmental review? 

A:  The proposed project is not exempt from the California Environmental Quality Act (CEQA) process, which is a separate but concurrent project review. The project is now undergoing CEQA review. 

Q: Does the City get a say in the project approval?

A: Yes, but it is limited to reviewing "objective" standards. City staff reviews the submitted project and provides comments based on the relevant rules and regulations of the City of Solvang. An SB 330 application does not absolve the applicant from providing answers and analysis in response to city staff comments.

Q: It's my understanding that the City adopted its housing element, and 2045 General Plan has been approved. Will that stop the SB 330 application?

A: Unfortunately, no. The City Council adopted the 2023-2031 Housing Element on December 18, 2023, and adopted the 2045 Solvang General Plan on July 8, 2024. City staff submitted this element for review and approval by the Department of Housing and Community Development (HCD). HCD granted conditional certification of this document, pending all required General Plan high-density residential re-designations and zoning map re-zones. The City formally adopted a new General Plan Land Use Map on July 8, 2024, and rezoned 2/3 of sites in March 2023.  Final re-zones of properties, including Site C were adopted December 9, 2024. Any SB 330 applications received prior to certification may proceed under the adopted General Plan and Housing Element in place at the time of application submittal. This means that the goals, policies, and implementation measures of the previous General Plan and Housing Element will be used to analyze the proposed project.

Even with the adopted Housing Element, the City of Solvang must continue to uphold the commitments made in the certified Housing Element. If the City takes actions inconsistent with the certified Housing Element, it could face penalties and judicial action, including, but not limited to, opening another Builder’s Remedy period. For example, if the City improperly denies a housing project, the court can impose fines of at least $10,000 per housing unit in the development project as of the date the application was deemed complete.

Q: If the proposed project is approved, will the Developer be required to offset any impacts to water, sewer, police, schools, etc?

A: Yes! As with any new development in the city, the applicant/developer will be required to pay "Development Impact Fees" (DIF). These fees are established by the City Council (and the school board for public school impacts) through a study consistent with State law. These fees are paid to the city when the building permit is issued..

Q: I want to go and walk on the site and observe or see for myself. Can I do that?

A: No. This is private property, and you need permission from the property owner to enter the site. This is especially true when work is being completed on the site by consultants. These consultants may be performing tasks that, under state law, cannot be disclosed to protect potential resources on-site. 

Q: What does "deem complete" mean?

A: When a project is "deemed complete," it does not mean the project is approved. It means that the applicant has provided sufficient information regarding the project's design, required infrastructure, compliance with pertinent zoning regulations, and other technical studies, allowing the project to move into the "public hearing" phase. This includes vetting the project against the California Environmental Quality Act (CEQA).

Q: How does the city staff proposed Zoning Ordinance amendments effect this project?

A: The zoning ordinance in effect at the time of submission will be used to analyze the project during the review process.

Q: Can I get on a list and be notified of when documents are available or public hearings are scheduled?

A: Please see the form below to sign-up for our interest list.