SB 6

Bill Text

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:

• Understanding AB 2011 and SB 6
• SB 6 Checklist

AB 2011

Bill Text

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:

• AB 2011 Affordable Checklist
• AB 2011 Mixed Income Checklist
• Understanding AB 2011 and SB 6

SB 423

Bill Text

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

Bill Text

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:

  1. Restrict no more than 50 percent of the total units to moderate-, low-, or very low-income;
  2. 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
  3. 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

Bill Text

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

Bill Text

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

Bill Text

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

Bill Text

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

Bill Text

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:

1. It includes a parking analysis using peer-reviewed methodologies sufficient to determine how many parking spaces can be reasonably shared
2. 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

Bill Text

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

Bill Text

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

Bill Text

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)

Bill Text

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

Bill Text

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

Bill Text

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

Bill Text

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

Bill Text

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 2371

Bill Text

AB 2371 establishes design and operation standards for electrified security fences.

AB 2694

Bill Text

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

Bill Text

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

Bill Text

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)

Bill Text

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

Bill Text

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

Bill Text

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)

Bill Text

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

Bill Text

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

Bill Text

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.