Regulatory Updates
2024 Land Development Code (LDC) Update
EFFECTIVE OCTOBER, 2024 (outside of the Coastal Zone)
The 2024 LDC Update, adopted by City Council on July 16, 2024, includes 99 amendments to both citywide and downtown regulations. Information about key citywide regulatory changes can be found below. The full list of amendments and a strikeout/underline version of the code can be accessed on the City Planning Department's Land Development Code Updates in Process webpage.
Complete Communities Housing Solutions (CCHS): Pedestrian Circulation Space
Clarifies the pedestrian circulation space requirements for Complete Communities Housing Solutions projects and requires an urban parkway of at least 14 feet in width, with a clear path of travel of at least 8 feet in width and a buffer area of at least 6 feet in width. If there is a conflict between these regulations and the Street Design Manual, the greater applies. Premises less than 25,000 square feet may continue to provide an infrastructure amenity instead of the urban parkway.
Accessible Accessory Dwelling Unit (ADU): Front Setback Regulations
States that a front yard setback can not be used to prohibit the construction of an ADU home that is 800 square feet or less on a premises with an existing or proposed dwelling unit.
For more information on ADUs, please visit the ADU and JADU webpage and review Information Bulletin 400.
Allows flexibility by not requiring the consolidation of public right-of-way vacations and public service easements with other development applications unless the applicant requests it. In addition, the amendment requires the public right-of-way vacation or public service easement approvals that are not consolidated to be recorded before any other associated construction or building permits are approved.
Gross Floor Area (GFA): At Grade Unenclosed Spaces
Removes the requirement to include the square footage of at grade unenclosed spaces, located beneath a structure, when calculating the floor area ratio for a residential development.
Exemptions from Building Permits: Sidewalk Cafes
Streamlines the development of sidewalk cafes with barriers that do not impact egress by exempting them from the building permit requirement. A building permit will still be required for any sidewalk cafe that impacts egress under Section 129.0203(a)(24)(A).
Streamlines the permitting process for Residential Care Facilities and strengthens the City's commitment to fair housing by permitting Continuing Care Retirement Communities, Transitional Housing, and Intermediate Care Facilities & Nursing Facilities in a similar process. Appropriate regulations for these facilities based on the location and zone of the facility are included to ensure compatibility with surrounding land uses. No changes are being proposed to residential care facilities in single family zones. Residential care facilities for seven or more people in multifamily and commercial zones within 500 feet of a school, playground or childcare will continue to require a conditional use permit. In addition, this item separates Hospitals, Intermediate Care Facilities, & Nursing Facilities into two separate uses.
Commercial Uses in Residential Zones
Modifies the Commercial Use Regulations for residential zones to include that the commercial use may only be on the ground floor of a mixed-use development and take up 10% of the gross floor area of the building. These regulations are also applied to Wearing Apparel & Accessories and Instructional Studios. In addition, it adds Eating and Drinking Establishments as a permitted use but limits this use to a maximum of 2,000 square feet.
Reduces the process level for Urgent Care Facilities in all commercial zones from a Neighborhood Use Permit to a Limited Use.
Allows the primary use to be new residential in an EMX zone if the development is located on a premises or adjacent premises where the total gross floor area is occupied by retail sales or eating and drinking establishment uses, or both, of at least 500,000 square feet.
Amends the CPIOZ regulations in Chapter 13, Article 2, Division 14 to allow for alternative compliance through the payment of the Public Right-of-Way In Lieu Fee, a citywide infrastructure fund, if the applicant can demonstrate, or if the City Engineer determines, that the installation of a public right-of-way improvement would create unsafe drainage, traffic or pedestrian circulation conditions.
Accessible Accessory Dwelling Unit (ADU) Setbacks
Aligns the setbacks for ADU structures over 16 feet in height that abut a residential use by allowing the ADU to follow the base zone side setback or the standard ADU 4 foot setback, whichever is less, for the interior side yard and rear yard setbacks.
Complete Communities Housing Solutions (CCHS): Public Space Alternative
Amends the Infrastructure Amenities section of Complete Communities Housing Solutions to allow for a public space alternative that can be used to meet the former promenade requirement to encourage the construction of more public spaces.
Child Care Floor Area Ratio (FAR) Bonus
Expands the child care FAR bonus to more zones that allow child care facilities. The child care FAR bonus allows for 10 square feet of additional gross floor area for each 1 square foot of gross floor area developed for a child care facility. The area designated for the child care facility must maintain an 'E' occupancy permit for at least ten years and comply with the additional separately regulated use requirements. No changes to setbacks or height regulations are included.
Tentative Map and Parcel Map Requirements
Implements the Subdivision Map Act to require a tentative map when a proposed subdivision creates 5 or more lots under certain circumstances and makes changes to reflect when a parcel map is required. For any subdivision, the City Engineer may require dedications and public improvements.
Housing Action Package (HAP) 2.0
EFFECTIVE SPRING 2024 (outside of the Coastal Zone)
The Housing Action Package 2.0 was adopted by the City Council on December 12, 2023. Information about each regulatory change can be found below.
Assembly Bill 2097 Implementation
Implements state law by removing parking minimums for new residential and commercial developments within Transit Priority Areas (TPAs) (within 1/2 mile of a major transit stop).
Accessible Accessory Dwelling Unit (ADU) Incentive
Modifies the ADU Home Density Bonus program to incentivize the development of ADUs that meet the accessibility requirements of the California Building Code. Allows one additional accessible ADU home if a residential development includes at least two deed-restricted affordable ADU homes.
For more information on ADUs, please visit the ADU and JADU webpage and review Information Bulletin 400.
Junior Accessory Dwelling Unit (JADU) Revisions
Prohibits JADUs from being built inside detached garages and other ADUs.
For more information on JADUs, please visit the ADU and JADU webpage and review Information Bulletin 400.
Housing on Underutilized Commercial Sites
Provides a 0.5 floor area ratio (FAR) bonus for residential or mixed-use development on sites in the Sustainable Development Area (SDA) with a base commercial zone that allows for residential or mixed-use, but currently has a non-residential use. This bonus is stackable with other affordable housing density bonuses, and applies to the entire site of a proposed development.
Housing on Publicly-Owned and Non-Profit-Owned Land
Increases floor area ratio (FAR) bonuses for housing developed on publicly-owned and non-profit-owned land in exchange for providing additional base-unit affordable homes.
Single Room Occupancy (SRO) Hotel Incentives
Allows SROs in high resource communities through a ministerial approval process.
Amends the affordable home density bonus program to allow for a density bonus range based on the percentage of homes deed restricted for low-income students consistent with the multifamily affordable home density bonus program. Removes the requirement for student housing to provide an operating agreement with a college or university. Allows student housing development in any zone that allows multifamily housing within an Sustainable Development Area (SDA) or within one mile of a college or university campus. Increases bicycle parking requirements and removes automobile parking minimums. Only allowed in areas where multifamily homes are allowed by current zoning.
For more information, please review Information Bulletin 418.
Anti-Displacement Measures: Dwelling Unit Protections
Makes dwelling unit protection regulations permanent, removes an exemption from housing unit replacement for commercial and all mixed-use projects (AB 1218), and clarifies that dwelling unit protections only apply to previously renter-occupied units.
Anti-Displacement Measures: Coastal Zone Affordable Housing Replacement
Expands protections and requires replacement of affordable dwelling units with very low income units, expands application to premises with two or more structures containing a total of five or more units, eliminates the three-mile allowance for replacing affordable units, and disallows the replacement in low resource or high segregation and poverty resource California Tax Credit Allocation Committee (CTCAC) areas. Off-site replacement affordable units in high or highest resource CTAC areas need to be relocated in an area that is also a high or highest resource area. Clarifies that affordable housing replacement requirements do not apply to previously owner-occupied units.
Anti-Displacement Measures: Condominium Conversion
Implements a state law to allow tenants of rental units proposed for conversion into a condominium a 90-day period to buy the condominium before the seller accepts other offers.
Complete Communities Housing Solutions (CCHS): Development Regulations
Adjusts the development regulations that disincentivize family homes and/or the use of CCHS programs. New projects may receive a waiver of the private exterior open space requirement for development if at least 10 percent of all homes have three or more bedrooms.
For more information on the Complete Communities program, please review Information Bulletin 411.
Complete Communities Housing Solutions (CCHS): Development Impact Fees (DIF)
Creates a new DIF waiver for homes with three or more bedrooms if the homes are deed restricted for households earning no more than 150 percent of the AMI and are limited to one lease per home. DIF scaling under CCHS is no longer relevant or necessary due to citywide DIF scaling.
For more information on the Complete Communities program, please review Information Bulletin 411.
Complete Communities Housing Solutions (CCHS): 100 Percent Moderate-Income Option
Creates a 100 percent base unit moderate-income option. Requires at least 100 percent of the base homes to be deed-restricted as affordable for moderate-income households: at least half of all required rental homes must be rented at a cost that does not exceed 30 percent of 80 percent of area median income (AMI) and the remainder must be rented at a cost that does not exceed 30 percent of 120 percent of AMI.
For more information on the Complete Communities program, please review Information Bulletin 411.
Complete Communities Housing Solutions (CCHS): Family Housing Incentive
Provides up to a 1.5 FAR bonus to a development where at least 10 percent of the units are two bedroom and an additional 10 percent are three bedroom. Each home is required to be under one lease agreement per home. This bonus is stackable with other programs.
For more information on the Complete Communities program, please review Information Bulletin 411.
Complete Communities Housing Solutions (CCHS): Off-Site Affordable Option
Provides the option to develop CCHS required affordable homes off-site, subject to specific criteria:
- Locational - The off-site homes must be located within an Sustainable Development Area (SDA) and either a California Tax Credit Allocation Committee (CTCAC) High or Highest Resource Opportunity Area or a Moderate Resource Opportunity Area (if it's located in the same community planning area and Council District as the market rate site or within three miles of the premises).
- Neighborhood Enhancement Fund - Payment is required for both the market rate and affordable sites, with the fee applied to the receiver site capped at the size of the subject development site.
- Deed Restriction - A deed restriction must be recorded prior to the first building permit that documents the number of affordable units and assigns foreclosure rights to the San Diego Housing Commission if affordable homes are not issued Certificates of Occupancy between 36 months (for existing structure) and 54 months (for new development).
- Comparable Amenities - Off-site affordable homes must have a comparable mix of bedrooms and amenities as the market-rate homes.
For more information on the Complete Communities program, please review Information Bulletin 411.
Incompatible Uses: FAR Incentive
Provides a 0.5 FAR bonus to development that converts an incompatible, previously conforming use into homes that are consistent with the current zone on the property. Can be increased to a 1.5 FAR bonus if at least 50 percent of the homes are affordable. Incentive must be used within 15 years after a property is determined to be an incompatible previously conforming use.
Incompatible Uses: Discontinuation
Prohibits the continuation of an incompatible discontinued previously conforming use in the San Diego Promise Zone if the use is ended for more than 30 days for any reason other than building maintenance, repair, or safety.
Incompatible Uses: No Longer Permitted
Prohibits incompatible previously conforming uses in the San Diego Promise Zone after a 15-year period from the effective date of the ordinance.
Materials from the City Council hearing can be accessed below.
- HAP 2.0 CC Staff Report
- HAP 2.0 CC Code Amendments
- HAP 2.0 CC Correction Memo
- HAP 2.0 CC Previously Conforming Uses Study
Additional information about the background and goals for the Housing Action Package can be found by visiting the City Planning Department's Housing Action Package webpage.
Housing Action Package (HAP) 1.0
ADOPTED FEBRUARY 2022 (effective within the Coastal Zone September 12, 2024)
Please see the HAP 1.0 Fact Sheet for more information on the programs of HAP 1.0.
2024 Legislative Session
Effective January 1, 2025, unless otherwise noted.
The Regulatory Updates page was created by Development Services Department Staff to highlight the key features of new programs available to facilitate building in San Diego. This page is not a substitute for, and may not always match, the current version of the regulations. Applicants should always refer to the San Diego Municipal Code and the text of any relevant state legislation when submitting development permit applications.
SB 6
Senate Bill (SB) 6, or the Middle Class Housing Act of 2022, allows for the development of residential or mixed-use projects on commercial properties where office, retail, or parking are permitted uses. The absence of requirements for SB 6 projects, in comparison to AB 2011, allows for market rate housing and/or mixed-use projects to be developed on commercially-zoned properties with the intent of increasing the overall supply of housing.
Applies to:
- Multi-family housing developments that are 100% residential or mixed-use
- Properties within the Coastal Zone
Requirements:
- For mixed-use developments, residential units must occupy at least half of the total square footage
- Must include prevailing wages for construction workers
- Does not include affordability requirements
- Does not create a streamlined ministerial approval process
- Projects are not exempt from CEQA
For additional information on site criteria, eligibility, and other requirements for SB 6, please see the following resources, published by SANDAG:
AB 2011
For commercial sites where the zoning allows for offices, retail, or parking, Assembly Bill (AB) 2011 (also known as the High Road Jobs Act of 2022) creates a CEQA-exempt, ministerial approval process for multi-family housing developments that are 100% residential or mixed-use.
Applies to:
- Multi-family housing developments that are 100% residential or mixed-use
- Properties within the Coastal Zone
Requirements:
- Must include an affordability component
- For mixed-use developments, residential units must occupy at least two-thirds of the total square footage
- Must include prevailing wages for construction workers. Projects with more than 50 units must meet additional labor standards, including apprenticeships, health care, and other administrative requirements.
For additional information on site criteria, eligibility, and other requirements for SB 6, please see the following resources, published by SANDAG:
SB 423
SB 423 extends and expands SB 35’s permit streamlining for qualified multifamily developments to apply in the Coastal Zone (effective January 1, 2025), and expands SB 35 to apply to any agency found not compliant by HCD.
For SB 35 to apply to a site within the Coastal Zone, the following criteria must be met:
- The site is within a non-appealable area
- The site is zoned for multifamily housing
- The site is not vulnerable to five feet of sea level rise
- The site is not within a 100-foot radius of a wetland
SB 423 also alters the general requirements for any project to qualify for SB 35 permit streamlining, including:
- Creating new labor standards for mixed-income projects (labor requirements do not apply to projects of 10 units or fewer) and exempting high fire severity zones and equine zones from streamlining.
- Requiring a city to hold one public meeting for any project in a census tract designated as a moderate or low resource area or an area of high segregation and poverty on the CTAC/HCD Opportunity map, within 45 days after receiving a notice of intent (preliminary application) to use SB 35 and before development application submittal.
AB 1287
AB 1287 modifies state density bonus law (modeled after San Diego program). Provides greater bonuses than City’s Density Bonus “stacking” provisions, but no additional incentives.
Creates a new state density bonus for projects that maximize very low-, low-, or moderate-income units, as allowed by current state density bonus law, and set aside an additional percentage of very low- or moderate-income units. The density bonus for additional very low units is between 20 and 38.75 percent, and the density bonus for additional moderate units is between 20 and 50 percent.
To qualify, a project must:
- Restrict no more than 50 percent of the total units to moderate-, low-, or very low-income;
- Provide 15 percent of the total units to very low-income households, 24 percent of the total units to lower-income households, or 44 percent of the units to moderate-income households (maximums for state programs); and
- Provide 5 to 10 percent additional very low-income units or 5-15 percent additional moderate-income units.
- Increases the number of incentives and/or concessions for 100 percent low-income projects from 4 to 5 (as already stated in SDMC section 143.0740(e)). Requires a jurisdiction to grant at least 4 incentives and/or concessions for a for-sale housing development project that provides either a total of 16 percent very low-income units (as already stated in Table 143-07A) or 45 percent moderate-income units (as already stated in Table 143-07C).
- Prohibits a local government from requiring an applicant to provide documentation for requested incentives, concessions, or waivers - can only require reasonable documentation for requested density bonuses and parking ratios.
- Clarifies that the “base density” or “maximum allowable residential density” for the purpose of density bonuses is the greatest number of dwelling units allowed under the zoning ordinance, specific plan or land use element of the general plan.
AB 1332
Effective January 1, 2025
AB 1332 requires a local agency to create a ministerial program for the preapproval of ADU plans submitted by any applicant. If a plan is preapproved, the agency must post the plan and the contact information for the applicant online. Permits the local agency to collect a fee for preapproval.
An agency must approve or deny an application for a detached ADU within 30 days for any applicant that utilizes:
- An ADU plan preapproved by the local agency within the current triennial California Building Standards Code rulemaking cycle
- An ADU plan that is identical to a plan used in an application for a detached ADU approved by the local agency within the current triennial California Building Standards Code rulemaking cycle
AB 1490
AB 1490 makes extremely affordable adaptive reuse projects an allowable use and creates an expedited review process for those projects.
Applies to:
- Existing residential or commercial buildings that currently allow temporary dwelling or occupancy
Requirements:
- The development is a multifamily housing project
- The development involves the creation of new residential units through the retrofitting and repurposing of the existing building
- The development will be entirely within the envelope of the existing building
- The development is not on or adjacent to a site where more than 1/3 of the area is dedicated to industrial uses
- The development does not eliminate any existing open space on the parcel
- 100% of the units (excluding managers units) shall be dedicated to lower income households
- At least 50% of the units shall be dedicated to very low income households
- For developments of 50 units or more, the development shall provide onsite management services
Projects brought pursuant to this program shall be reviewed within:
- 60 days, for developments of 150 units or fewer
- 90 days, for developments of more than 150 units
SB 4
SB 4 allows affordable housing development by right on land owned by “independent institutions of higher education” or “religious institutions,” subject to certain criteria. These projects can include qualifying ground-floor commercial, childcare, and community center uses, or specified uses that already existed on-site, depending on the zone. Sunsets at the end of 2035.
Applies to:
- Sites in any zone that are owned by an independent institution of higher education or religious institution
Requirements:
- 100% of the units must be reserved as affordable for lower income households
- Up to 20% of the units may be for moderate income households
- Up to 5% of the units may be for staff of the educational or religious institution
- Prevailing wages for construction workers for projects of more than 10 units, with additional labor standards applying to projects of 50 or more units
Allowable densities:
- Residential Zones: 30 units/acre and a height one story above the maximum, or a greater density/height if allowed on an adjoining parcel
- Non-Residential Zones: 40 units/acre and a height one story above the maximum, or a greater density/height if allowed on an adjoining parcel
Approval or written comments for projects brought pursuant to this program shall be provided within:
- 60 days, for developments of 150 units or fewer
- 90 days, for developments of more than 150 units
NOTE: Most of the sites covered by this bill are already eligible for the existing “Affordable Housing in All Communities” program (SDMC sections 143.0746(a) and (b)). That program allows 100% affordable housing projects in High or Highest Resource CTCAC Areas and 25% affordable housing projects developed by a public agency or "qualified non-profit"/501(c)(3) organization, which includes religious, charitable, scientific, literary or educational purposes, in Mobility Zones 1, 2, or 3. This bill would only create new opportunities for those locations not covered by the existing Affordable Housing in All Communities Program, subject to the criteria in the bill.
SB 684
Information Bulletin 414: SB 684 Tentative Maps
SB 684 facilitates the subdivision and development of multifamily zoned parcels into for-sale residential units by requiring local governments to ministerially approve parcel maps or tentative and final maps for housing development projects that meet certain criteria.
Applies to:
- Sites no larger than 5 acres that are zoned for multifamily development
Requirements:
- The proposed subdivision will result in 10 or fewer parcels no smaller than 600 square feet
- The housing development project will contain 10 or fewer units with an average total area of no greater than 1,750 net habitable square feet per unit
- The development complies with any local inclusionary requirements
Decisions on both mapping actions and housing development actions brought pursuant to this program must be made within 60 days.
AB 894
AB 894 requires a local agency to allow entities with underutilized parking to share their parking spaces with other entities through a shared parking agreement. Shared parking pursuant to this program can be used to meet any automobile parking requirement, except for required accessible parking spaces, for new or existing uses or developments. The program does not reduce the percentage of required electric vehicle parking spaces.
Applies to:
- Entities located on the same or contiguous parcels
- Entities no more than 2,000 feet apart measured by the shortest walking route
- Entities more than 2,000 feet away that have a plan for shuttles or other accommodations to move between sites
An agency shall approve a shared parking agreement if all of the following criteria are met:
- It includes a parking analysis using peer-reviewed methodologies sufficient to determine how many parking spaces can be reasonably shared
- It secures long-term provision of parking spaces or affords the opportunity for periodic review and approval
If a parking analysis is not included, the agency has discretion to approve or deny the agreement and to determine how many spaces can be reasonably shared.
For shared parking agreements for developments of 10 residential units or more or 18,000 square feet or more, before making a determination, the local agency shall provide notice to surrounding property owners within 300 feet of the proposed shared parking spaces. If requested by the property owner, the local agency must hold a public meeting to approve or deny the shared parking agreement and determine the number of shared parking spaces. The noticing and public meeting provisions do not apply if a local ordinance is adopted that provides for shared parking agreements.
SB 1211
Information Bulletin 400: Accessory Dwelling Unit/Junior Accessory Dwelling Unit
SB 1211 increases the number of allowed detached ADUs on a site with an existing multifamily development from 2 to 8, so long as the number of detached ADUs does not exceed the number of existing units. The number of allowed detached ADUs on a site with a proposed multifamily development will remain at 2.
AB 2533
Information Bulletin 242: How to Obtain a Permit to Legalize Unpermitted Accessory Dwelling Units
AB 2533 prohibits cities from denying a permit for an unpermitted ADU or JADU constructed before January 1, 2020 for violations of building standards or ADU/JADU development regulations unless correcting the violation is necessary to comply with conditions that would otherwise deem the building substandard.
AB 1820
Information Bulletin 513: Preliminary Review
AB 1820 requires cities to provide a preliminary fee and exaction estimate for developments that submit a complete preliminary application (in accordance with the bill's requirements) and request the fee estimate.
AB 3012 (Effective July 1, 2031)
AB 3012 requires cities to provide an online development fee estimator tool to estimate fees and exactions for a proposed housing development project.
AB 3177
AB 3177 prohibits cities from imposing land dedication requirements on housing development projects to widen a roadway in specified circumstances.
Land dedications for roadway widening cannot be imposed on a housing development for the following purposes:
- Mitigating vehicular traffic impacts
- Achieving an adopted traffic level of service related to vehicular traffic
- Achieving a desired roadway width
Land dedications for roadway widening can be imposed in the following circumstances:
- If the housing development has a linear street frontage of 500 feet or more and is not located within a transit priority area
- If the dedication is imposed as a discretionary condition of approval for traffic safety features and a finding is made that the land dedication is necessary to preserve the health, safety, and welfare of the public
Land dedication requirements may still be imposed to construct public improvements, including sidewalk and sewer improvements
AB 1801
AB 1801 authorizes “supportive housing developments” of more than 20 units to include administrative office space in their nonresidential floor area so long as the office space does not exceed 25% of the total floor area. It also requires at least 3% of a supportive housing development’s total floor area to be for supportive services.
AB 2085
AB 2085 makes “licensed community clinics” an allowable use on parcels within zones where office, retail, health care, or parking are a permitted use and creates an expedited review process for those projects (60 calendar days).
AB 2243
AB 2243 updates AB 2011 (2022) and SB 6 (2022), which allow for multifamily residential development in commercial zones, to expand applicability to more sites and clarify existing program requirements.
The following sites are now eligible:
- Regional mall sites less than 100 acres
- Sites within 500 feet of a freeway
AB 2243 also grants additional flexibility to adaptive reuse projects that utilize AB 2011:
- Specifies that there is no residential density limit for conversion of existing buildings to a residential use
- Prohibits cities from requiring common open space beyond what exists on the project site
- Requires cities to provide a DIF credit for any existing use that is converted to residential so that the amount of the fee is attributable only to the development’s incremental impact on facilities and services
AB 2694
AB 2694 expands the types of developments that qualify for the existing state density bonus for senior citizen housing to also include the development of a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code. Density bonus numbers remain unchanged.
AB 3116
Information Bulletin 418: Affordable Student Housing
AB 3116 amends state density bonus law to offer a density bonus for affordable student housing (modeled after the San Diego program). The density bonuses provided by the state program are the same as those offered by the City, but eligibility under the state program is broader, including developments for students that are enrolled in at least 6 units over a period of 6 months instead of full-time.
AB 3122
AB 3122 updates the permit streamlining for qualified multifamily developments under SB 35 and SB 423 by reducing the ability of a local government to impose standards that were adopted after the application was first submitted.
Under AB 3122, projects may be modified to increase the number of units without triggering the application of new standards so long as the square footage of the development does not increase by more than 15%.
SB 1123 (Effective July 1, 2025)
Information Bulletin 414: SB 684 Tentative Maps
SB 1123 expands eligibility for the program established in SB 684 (2023) that facilitates the subdivision and development of for-sale residential units to vacant sites that are zoned for single-family residential development.
Applies to:
- Sites no larger than 5 acres that are zoned for multifamily development
- Sites no larger than 1.5 acres that are vacant and zoned for single-family development
Requirements:
- The proposed subdivision will result in 10 or fewer parcels no smaller than 600 square feet in multifamily zones, or no smaller than 1,200 square feet in single-family zones
- The housing development project will contain 10 or fewer units with an average total area of no greater than 1,750 net habitable square feet per unit
- The development complies with any local inclusionary requirements
Decisions on both mapping actions and housing development actions brought pursuant to this program must be made within 60 days.
SB 450
Information Bulletin 409: Multi-Dwelling Unit Developments and Urban Lot Splits
SB 450 cleans up SB 9 (2021), which allows for urban lot splits and multiple dwelling unit development in single-family zones.
Under SB 450, urban lot split applications and building permit applications for multi-dwelling unit developments are each subject to a new 60-day review shot clock. Applications may no longer be denied based upon impacts to the physical environment, and standards cannot be imposed on SB 9 projects that do not also apply to development within the underlying zone.
SB 504
SB 504 expands the requirements of fire protection zone zero, the ember-resistant zone within 5 feet of a structure, specifying that the defensible space requirements shall not take effect for existing structures until 3 years after the effective date for new structures.
SB 504 also specifies that defensible space requirements apply to sites in very high fire hazard severity zones regardless of vegetation type.
NOTE: Requirements for fire protection zone zero will not go into effect until after the State Fire Marshal creates implementing regulations, as required by the initiating statute.
AB 98 (Effective January 1, 2026)
AB 98 establishes development standards for any proposed “logistic use developments” (i.e., warehouses), with exemptions for certain existing developments and proposed expansions.
Additionally, pursuant to AB 98, cities must condition approval of a warehouse on 2-to-1 replacement of any demolished housing unit that was occupied within the last 10 years, and facility operators must also submit a truck routing plan to and from the state highway system for approval by the City.
AB 2904
AB 2904 requires notice of a Planning Commission hearing on a proposed zoning ordinance or amendment to a zoning ordinance to be published, posted, mailed, and delivered, as applicable, at least 20 days before the hearing (instead of the existing 10 days).
AB 2729
AB 2729 automatically extends the expiration or utilization of entitlements for housing development projects by 18-months. To qualify for the extension, the entitlement must have been issued prior to January 1, 2024 and must expire prior to December 31, 2025.
Applies to:
- Development Permits;
- Ministerial Permits that are a prerequisite to issuance of a building permit;
- The requirement to submit a building permit application within a specified period of time after the effective date of a development permit; and
- Tentative Maps or Parcel Maps.
Requirements:
- The entitlement must be for a residential or mixed-use development in which at least two-thirds of the square footage is designated for residential uses.
Extensions pursuant to AB 2729 shall not be available for entitlements that have already been extended at least 18 months on or after January 1, 2024.