We understand how difficult it is to keep up with ever changing housing legislation in California. That’s why we put together this explainer blog post on the different laws available to help get more housing projects moved forward. Credit to Holland & Knight for their excellent guide on California's 2023 Housing Laws, which inspired this post.
Housing on Commercially Zoned Land
AB 2011 and SB6 – Housing Development on Commercially Zoned Sites
AB 2011 creates a ministerial, CEQA-exempt approval process for multifamily housing developments that meet specified objective standards and are Below Market Rate (BMR) on commercially zoned property. The streamlined review process is very similar to SB 35 of 2017 and requires prevailing wage. The law sunsets in 2033.
SB 6 allows residential development (no BMR requirements) on property zoned for retail and office space without needing a rezoning and allows project applicants to invoke the Housing Accountability Act to limit local discretion to deny or condition approval. Requires prevailing wage.
Streamlining and Parking Reform
AB 2234 – Timelines for Post-Entitlement Permits
AB 2234 establishes a concrete and time-limited approval process for issuing post-entitlement ministerial permits, including building permits, demolition permits, and permits for minor or standard excavation, grading, or off-site improvements.
AB 2668 – SB 35 “Cleanup”
AB 2668 makes a series of technical and clarifying changes to SB 35 of 2017, a law that provides for streamlined ministerial approval of qualifying housing and mixed-use projects that conform to objective zoning requirements, pay prevailing wages, and meet minimum affordable housing requirements.
AB 2097 – No Parking Minimums within Half-Mile of Public Transit
AB 2097 prohibits public agencies from imposing minimum parking requirements on residential, commercial, or other development projects located within a half-mile of public transit. Public agencies may only impose parking minimums on such projects if the agency can make certain written findings that the inability to impose parking requirements would have substantial negative impacts.
Accessory Dwelling Units
AB 2221 – ADU Law Cleanup
AB 2221 contains clean-up language and clarifications to reduce permitting delays for ADU applicants. The law also requires agencies that deny an ADU application to provide a full set of comments to the applicant with a list of items that are deficient and a description of how the application can be remedied.
SB 897 – Increased Height Limits for ADUs, Detached ADUs at Proposed Multifamily Projects
SB 897 increases the height limits that local governments may impose on ADUs by allowing 18 feet for detached ADUs located on lots that are within a half-mile of a major transit stop, or detached ADUs on lots with an existing or proposed multistory, multifamily dwelling; or 25 feet or base zone height (whatever is lower) for attached ADUs.
Density
AB 2334 – State Density Bonus Law Amendments – Defining “Base Density;” Concessions in Very Low Vehicle Travel Areas
AB 2334 provides that if the density under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater shall prevail. In addition, this law dictates a method for determining the “base density” in terms of units in cases where a local jurisdiction’s general plan, specific plan, or zoning does not provide dwelling unit per acre standard for dens
Housing Element Annual Progress Reports
AB 2094 and AB 2653 – Greater Requirements for Annual Reports on Housing Progress
AB 2094 requires that the annual report specifically detail the local government’s progress in meeting RHNA targets for the “extremely low income” category.
AB 2653 requires that the annual report additionally provide: the number of new housing units built, the number of housing units demolished, information specifying rental versus for-sale housing, and details regarding approved projects that benefit from AB 2011 or the State Density Bonus Law.