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Section 400. Housing Type Requirements

Streamlined Ministerial Approval Process Guidelines (final updated) · 2026 edition · updated 2026-07-29 · California

To qualify to apply for the Streamlined Ministerial Approval Process, the development proponent shall demonstrate the development meets the following criteria:

  • (a) Prior to submitting an application for the Streamlined Ministerial Approval Process, the development proponent must submit to the local government a notice of intent to submit an application and the local government must have completed the tribal consultation process outlined in Government Code section 65913.4(b). The notice of intent shall be in the form of a preliminary application that includes all of the information described in Government Code section 65941.1.

  • (b) Is a multifamily housing development. This includes mixed-use projects when the project satisfied the requirement under subsection (b). The development offers units for rental or forsale.

Streamlined Ministerial Approval Process Guidelines

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Department of Housing and Community Development

  • (c) At least two-thirds of the square footage of the development shall be designated for residential use:

    • (1) For purposes of these Guidelines, the two-thirds calculation is based upon the proportion of gross square footage of residential space and related facilities, as defined in Section 102(w), to gross development building square footage for an unrelated use such as commercial. Structures utilized by both residential and nonresidential uses shall be credited proportionally to intended use.

      • (A) Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law shall be included in the square footage calculation.

      • (B) The square footage of the development shall not include non-habitable underground space, such as basements or underground parking garages.

    • (2) Both residential and non-residential components of a qualified mixed-use development are eligible for the Streamlined Ministerial Approval Process. Additional permitting requirements pertaining to the individual business located in the commercial component (e.g., alcohol use permit or adult business permit) are subject to local government processes.

    • (3) When the commercial component is not part of a vertical mixed-use structure, construction of the residential component of a mixed-use development shall be completed prior to, or concurrent with, the commercial component.

  • (d) The development is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time of the development application submittal per Section 300 of these Guidelines, provided that any modifications to density or other concessions, incentives, or waivers granted pursuant to the Density Bonus Law shall be considered consistent with such objective zoning standards, objective subdivision standards, and objective design review standards.

NOTE: Authority cited: Government Code section 65913.4(l). Reference cited: Government Code section 65913.4(a) and (b).

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▸ Contents — Streamlined Ministerial Approval Process Guidelines (final updated)
Streamlined Ministerial Approval Process Guidelines (final updated)
  1. Guidelines
  2. State of California Governor Gavin Newsom
  3. Megan Kirkeby, Deputy Director Division of Housing Policy Deve…
  4. Government Code section 65913.4, subdivision (j)
  5. Table of Contents
  6. INTRODUCTION
  7. Section 100. Purpose and Scope
  8. Section 101. Applicability
  9. Section 102. Definitions
  10. Department of Housing and Community Development
  11. ARTICLE II. STREAMLINED MINISTERIAL APPROVAL PROCESS DETERMINA…
  12. Section 200. Methodology
  13. Example Calculation
  14. Department of Housing and Community Development
  15. Section 201. Timing and Publication Requirements
  16. ARTICLE III. APPROVAL PROCESS
  17. Section 300. Local Government Responsibility
  18. Department of Housing and Community Development
  19. Determination of consistency
  20. Example Objective Design Review
  21. Density calculation
  22. Section 301. Development Review and Approval
  23. Ministerial processing
  24. Department of Housing and Community Development
  25. ARTICLE IV. DEVELOPMENT ELIGIBILITY
  26. Section 400. Housing Type Requirements
  27. Section 401. Site Requirements
  28. Section 402. Affordability Provisions
  29. Section 403. Labor Provisions
  30. Section 404. Additional Provisions
  31. ARTICLE V. REPORTING
  32. Section 500. Reporting Requirements
  33. Department of Housing and Community Development

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