Ministerial Housing Development Approvals

Font Size: + -

Feedback Print

Ministerial Housing image

California has enacted several housing laws that require local jurisdictions to review qualifying residential developments through a ministerial approval process. Unlike discretionary planning approvals, ministerial projects are evaluated solely for compliance with objective zoning standards, objective subdivision standards, and objective design review standards and the eligibility requirements established by state law.

The City of Novato administers several ministerial housing programs, each with its own eligibility requirements, application, and statutory review timelines.

What is a Ministerial Review?

A ministerial review is an administrative review process in which the City determines whether a project is consistent with applicable objective standards and state law.

Unlike discretionary approvals:

The City may not apply subjective design criteria.
The project is reviewed only for compliance with objective standards.
The City must comply with review timelines established by state law.

Qualifying Housing Projects

Depending on the proposed development, projects may qualify for ministerial review under one or more of the following state housing laws:

SB 35 / SB 423 – Streamlined Multifamily Housing Developments (See California Government Code Section 65913.4)
AB 2011 – Affordable Housing on Commercial Corridors (See California Government Code Sections 65912.110 - 65912.114)
SB 4 – Affordable Housing on Faith-Based and Independent Higher Education Sites (See California Government Code Section 65913.16)
SB 9 – Urban Lot Split, SB 9 Dwelling Unit (See Novato Municipal Code Section 9-8 and Section 19.34.029; and California Government Code Sections 66411.7 and 65852.21)
SB 684 / SB 1123 – Small Lot Subdivision and Housing Development (See California Government Code Sections 65852.28 and 66499.41)
AB 2162 - Supportive Housing (See California Government Code Section 65650 et seq.)
AB 101 - Low Barrier Navigation Centers (See California Government Code Sections 65662 - 65666)

Eligibility Requirements

Each ministerial housing law establishes specific eligibility requirements that may include:

Eligible zoning districts
Minimum affordability requirements
Site eligibility criteria
Objective development standards
Labor requirements
Tribal consultation requirements
Environmental requirements established by state law

Eligibility varies depending on the applicable statute.

Application Review Process

Once an application has been submitted:

Staff will conduct a review of the submitted application materials to determine whether the application is complete for processing.
The application will be routed to reviewing groups (e.g., Novato Sanitary District, North Marin Water District, Novato Fire District, Novato Engineering Division etc.).
The City will evaluate the project for compliance with applicable objective standards and state law.
Review comments will be issued, if necessary.
Applicants must submit all resubmittals through Novato’s online permit portal system.
Qualifying projects that satisfy all applicable requirements will receive ministerial approval.

How to Apply

Submit your Planning application through the Novato Permits portal below. Your submittal must include the supplemental application associated with the ministerial housing development project you are applying for.

Depending on the applicable state law, applicants may also be required to submit:

Preliminary Application materials
Eligibility documentation
Affordable housing calculations
Labor compliance documentation
Tribal consultation materials
Technical studies
Supporting plans and reports

Planning staff strongly encourage applicants to schedule a pre-application meeting before submitting a ministerial housing development project application.