Housing and Land Use Legislation

Font Size: + -

Feedback Print

This page provides information on significant housing and land use legislation passed in recent legislative sessions and subsequently signed into law by Governor Newsom. This information primarily focuses on legislation related to laws and regulations that dictate how land is utilized and developed within the state. The League of California Cities is an excellent resource for information related to other types of legislation that effects cities within the state: https://www.calcities.org/state-bills-in-brief

2023 Housing and Land Use Legislation Summary

SB 4: AFFORDABLE HOUSING ON FAITH AND HIGHER EDUCATION LAND

In California, Senate Bill 4, also known as Government Code § 65913.16, addresses affordable housing on lands owned by faith-based and educational institutions. Its primary aim is to use underutilized land to boost the state's affordable housing supply.

SB 4 requires that, upon the request of an applicant, a housing development project be a use “by right” on land owned by faith-based and educational institutions. “By right” means a development project that does not require a conditional use permit or other discretionary local government review. Eligible developments can receive density bonuses for increased housing density.

To qualify for this streamlined approval, developments under SB 4 must meet specific criteria, including ownership, zoning, affordable housing quotas, and environmental assessments.

Once criteria are met, projects receive streamlined approval, expediting the process. Design review is allowed to ensure compliance with objective standards only.

Authored by Senator Scott Wiener, SB 4 aims to provide an opportunity for the development of affordable housing on appropriate lands, addressing housing challenges in California.

SB 684: SUBDIVISIONS FOR 10 UNITS OR FEWER

Effective July 1, 2024, Senate Bill 684 changes how residential development projects of 10 or fewer lots or units proposed on multifamily zoned lots under 5 acres are approved by the City.

Authored by Senator Anna M. Caballero, SB 684 aims to expedite home construction on smaller lots and create more opportunities for the development of lower-cost housing.

SB 684 projects must meet specific criteria such as size, density, zoning, and other requirements. Once criteria are met, projects receive a streamlined and ministerial approval process for subdivisions, housing development applications, and building permits. The new streamlined approval process does not require public hearings and requires the City to use only objective standards.

AB 976: RELATES TO ACCESSORY DWELLING UNITS

AB 2011: RESIDENTIAL DEVELOPMENT ON COMMERCIALLY ZONED SITES

AB 2011 creates a CEQA-exempt, ministerial, streamlined approval process for multifamily housing developments on sites within a zone where office, retail or parking are the principally permitted use. Ministerial approval means that these projects are approved at an administrative/staff level, bypassing the need for review by the Planning Commission or City Council. Furthermore, AB 2011 includes provisions for density bonuses under the State Density Bonus Law, permitting increased residential density on eligible properties. Developers have the opportunity to utilize these bonuses to construct additional housing units or taller buildings, contingent upon providing defined public benefits, such as affordable housing.

Assembly Bill 2011 aims to do the following:

Override local General Plan and zoning designations
Exempt projects from CEQA review
Establish a ministerial approval process for certain multifamily housing developments containing affordable units, even if those developments are situated on sites zoned and designated for commercial or retail use.
Mandate prevailing wages for construction workers.