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How SB 35 and AB 1763 Pushed Through An Affordable Housing Project

Updated: Feb 3

As CP&DR has written repeatedly over the last couple of years, SB 35 is turning project-level housing review upside down, especially in the Bay Area. But by and large, SB 35 – which limits cities to ministerial review over housing projects in some circumstances – has been used to promote market-rate projects in upscale locations like Berkeley, Cupertino, and Los Altos. This isn’t surprising, especially since a precondition for SB 35 is paying construction laborers prevailing wage – an expensive proposition that usually requires a big revenue stream.

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