Agenda packet — Rancho Cucamonga City Council, October 7, 2026 (part 4 of 4)

Minimum Parking Requirements (AB 2097) April 2026 1 of 2 MINIMUM PARKING REQUIREMENTS (AB 2097)
Government Code § 65863.2

HOUSING LAW FACT SHEET

INTRODUCTION
Assembly Bill (AB) 2097 (Chapter 459, Statutes of
2022) prohibits local jurisdictions from imposing
parking minimums on residential, commercial, or
other development, if the project is located within
one-half mile of a major transit stop. Parking
minimums may still be imposed on projects that
include an event center or transient lodging, such as
hotels, motels, and bed and breakfast inns, as well
as housing developments under limited
circumstances. HCD published an AB 2097
Technical Advisory to assist local and regional
agencies, the development community, and
members of the public with the implementation of
the law.

KEY PROVISIONS
AB 2097 prohibits minimum parking requirements on any eligible residential, commercial, or other development project located within one-half mile of public transit.

This law applies without exception to a housing development project in any of the following situations:
 The development dedicates at least 20 percent of units to very low-, low-, or moderate-income households, students, the elderly, or persons with disabilities.  The development contains fewer than 20 housing units.  The development is subject to parking reductions under any other applicable law.

Major Transit Stop
The term “major transit stop” is defined as a site that contains any of the following:
 Existing rail or bus rapid transit station.
 Ferry terminal served by a bus or rail transit service.  Intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods.

Major transit stops that are included in the applicable regional transportation plan (RTP) also qualify, including if they are planned for in the future or if bus service has been reduced or altered since the RTP was adopted.

Exceptions
Public agencies may make written findings, supported by a preponderance of the evidence in the record, within 30 days of the receipt of a completed application for The Housing Law Fact Sheets
provide an overview of existing
laws which the California
Department of Housing and
Community Development (HCD)
has statutory authority to enforce.

The fact sheet does not constitute
legal advice but is intended to be a
resource for local agencies and
decision-makers within California,
including members of City
Councils, Boards of Supervisors,
and Planning Commissions.

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California Department of Housing and Community Development Housing Law Fact Sheet Minimum Parking Requirements (AB 2097) April 2026 2 of 2 certain residential, commercial, or other developments, that not imposing parking minimums would have a substantially negative impact on any of the following:
 Ability to meet very low-income or low-income regional housing need allocation (RHNA).
 Ability to meet special housing needs for the elderly or persons with disabilities.  Existing residential or commercial parking within one-half mile of the housing development project.

RECENT HCD TECHNICAL ASSISTANCE LETTERS
City of Los Angeles,
March 29, 2024
Project is eligible for AB 2097 because planned major transit stops identified in the Regional Transportation Plan are also considered eligible.

City of Los Angeles,
March 8, 2024
Explains the calculation of service frequency for local/rapid bus lines in determining a “major transit stop” for the implementation of AB 2097.

LEGISLATIVE HIGHLIGHTS
Increases Frequency of Transit
Headway Times
AB 2553, Friedman (2024); amended
Pub. Res. Code, § 21064.3
Amends the definition of “major transit stop” to
include an intersection of two or more major
bus routes with a frequency of service interval
of 20 minutes or less during the morning and
afternoon peak commute periods. Previously,
the frequency interval was 15 minutes or less
during the peak commute periods.

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No Net Loss Law April 2026 1 of 1

NO NET LOSS LAW
Government Code § 65863

HOUSING LAW FACT SHEET

INTRODUCTION
The No Net Loss Zoning Law requires jurisdictions to
maintain adequate sites to accommodate their unmet
share of the Regional Housing Needs Allocation
(RHNA) at each income level at all times. Specifically, a jurisdiction may not reduce the residential density of any parcel identified in the housing element site
inventory, or otherwise relied upon to meet its RHNA,
unless it makes findings that the reduction is consistent with the general plan and that adequate sites remain to accommodate the remaining RHNA for each income
level. If a reduction in density leaves a jurisdiction with insufficient adequate sites, it can still approve the
reduction if it also identifies sufficient additional
adequate sites to cover the shortfall.

Similarly, if a development project is approved at a lower density than the number of units assumed for that site in the housing element by income level, the jurisdiction must make specific findings that sufficient capacity remains in the inventory or additional adequate sites are identified within 180 days of that approval. HCD encourages jurisdictions to zone for housing above their RHNA requirements (130 to 150 percent) to avoid triggering the No Net Loss Zoning Law. See HCD’s memorandum on Housing Element No Net Loss Law for more information.

RECENT HCD TECHNICAL ASSISTANCE LETTERS
City of Santa Clara,
August 9, 2024
Assist the City with its decision-making regarding a specific project, including its exemptions from minimum density
provisions under No Net Loss.

LEGISLATIVE HIGHLIGHTS
Development that
Includes Less Units
by Income Category
SB 166, Skinner
(2017); amended Gov.

Code, § 65863
Expanded the law to require that a jurisdiction must make findings to allow development on a housing element site with fewer units by income category than indicated in the
adequate sites inventory. Jurisdictions must also maintain an adequate supply of multifamily sites to accommodate lowerincome housing and are prohibited from denying a project on the basis that the project would require compliance with this obligation.

The Housing Law Fact Sheets
provide an overview of existing
laws which the California
Department of Housing and
Community Development (HCD)
has statutory authority to enforce.

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Portions of the Permit Streamlining Act April 2026 1 of 4

PORTIONS OF THE PERMIT STREAMLINING ACT
Government Code §§ 65940, 65940.5, 65941, 65941.1, 65943, 65944, 65945

HOUSING LAW FACT SHEET

INTRODUCTION
The Permit Streamlining Act (PSA) requires that cities
and counties (including charter cities and counties)
and special districts publish a list of specific
information that will be required from any
development project applicant. The PSA specifies a
time limit of 30 calendar days for a local jurisdiction to review an application and either provide an applicant
with a list of items that were not included in the
application or make a determination that the
application is complete. If a determination is not made within the 30-day period, the application is
automatically deemed complete. The PSA also allows
an applicant to submit a preliminary application which
confers benefits under the Housing Accountability Act
(HAA), “freezing” the applicable fees and development standards that apply to the project at the time of a preliminary application submittal.

HCD has enforcement authority over portions of the PSA. For additional details, please see HCD’s Preliminary Application for Development webpage and Appendix C of HCD’s Housing Accountability Act Technical Assistance Advisory.

KEY PROVISIONS
Preliminary Applications (Government Code § 65941.1)
Applicants may opt to submit a preliminary application for any proposed housing development project, proper submission of which entitles the project to benefits under the HAA. The 17 necessary components of a preliminary application for a proposed housing development project are specified in state law and include: site location; existing uses; proposed land uses; and any known historic and cultural resources and siting within a very high fire hazard severity zone, wetland, or hazardous waste site, among other requirements. HCD provides a preliminary application template for local jurisdictions as well as a standardized form that proposed development project applicants may use if the local jurisdiction has not established their own preliminary application.

Upon submission of a complete preliminary application, applicable fees and development standards that apply to the project will be frozen until the development project applicant submits a full application. The purpose of the “freeze” is to ensure applicable standards, ordinances, policies, fees, or any other adopted measure applied to the developer do not change during the entitlement timeframe. The proposed development applicant must submit a full application within 180 days of submitting a complete preliminary application, or the preliminary application lapses. Local The Housing Law Fact Sheets
provide an overview of existing
laws which the California
Department of Housing and
Community Development (HCD)
has statutory authority to enforce.

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California Department of Housing and Community Development Housing Law Fact Sheet Portions of the Permit Streamlining Act April 2026 2 of 4 jurisdictions are not required to provide a response to the applicant confirming that the preliminary application is complete.

The PSA allows an applicant to make modifications to their project while preserving the preliminary application, within limits. If an applicant increases the number of residential units or square footage of construction by 20 percent or more (excluding increases resulting from a density bonus, incentives, concessions, or waivers), the preliminary application will no longer be in effect and the applicant must submit a new preliminary application containing information reflecting the changes.

Full Applications (Government Code §§ 65940, 65943, 65944, & 65945) Application Checklist
Local jurisdictions are required by the PSA to publish online one or more detailed checklists of the information they require for development applications. This includes a certification of compliance with the state’s list of hazardous waste sites; a statement that the submittal is an application; and identification of whether the project is under a lowlevel flight path, special use airspace, and within 1,000 feet of a military installation, if applicable to the jurisdiction.
30-Day Review and Completeness Determination
Local jurisdictions have 30 calendar days after the receipt of a development project application to determine in writing whether the application is complete. Applications are automatically deemed complete if written findings are not made and provided to the development project applicant within the 30-day timeframe. Mutually agreed upon extensions by the jurisdiction and development project applicant are permissible for full applications.

If the local jurisdiction determines the project application is incomplete, it must provide the applicant a detailed list of items that were not complete, as well as indicate how the development project applicant may satisfy incomplete items. The list of incomplete items is limited only to those that were listed in the jurisdiction’s application checklist on the date that the applicant submitted the full application.

Resubmittal and Subsequent Review
Upon receipt of an incompleteness determination, the development applicant must resubmit incomplete project application information within 90 days of receiving written identification of the missing information; otherwise, the preliminary application expires. If the applicant did not submit a preliminary application, no resubmittal deadline is imposed on the applicant. Subsequent reviews by the local jurisdiction of a resubmitted application shall not request any additional information not previously requested in the initial review.

Appeal of Incompleteness Determination
Development project applicants may submit a written appeal if the application materials are determined to not be complete. A local jurisdiction must provide a final written determination on an appeal no later than 60 calendar days after receipt of the written appeal, or the application is automatically deemed complete.

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California Department of Housing and Community Development Housing Law Fact Sheet Portions of the Permit Streamlining Act April 2026 3 of 4

RECENT HCD TECHNICAL ASSISTANCE LETTERS
City of Gilroy,
July 23, 2024
Local jurisdictions must separate planning review for
incompleteness and inconsistency items.

City of Beverly Hills,
June 26, 2024
The PSA prohibits local jurisdictions from using the absence of the general plan amendment or zoning change application as a reason to determine a project application is incomplete if the requirement was not on the submittal requirement
checklist.

City of Berkeley,
December 7, 2023
The PSA requires local jurisdictions to determine in writing whether an application is complete within 30 calendar days after the application is received. Calendar days include weekends, holidays, and any City Hall closures. HCD
recommends that the completeness review begins at
application submittal.

Town of Los Gatos,
August 30, 2024
Local jurisdictions should allow the payment of permit fees at the time the full application is submitted. The 90-day period following an incompleteness determination for a full
application resets once the applicant resubmits the
application. Applicants and local governments may mutually agree to an extension of the 90-day period.

RECENT LEGISLATION
Online Application
Information
SB 489, Arreguín
(2025); amended Gov.

Code, §§ 56300 and
65940.

Requires local agency formation commissions (LAFCos) to publish online their written notices, policies, procedures, and forms necessary for a complete application on a change of organization or reorganization, such as an annexation. Public agencies also must post online the list of information to determine completeness of a housing development project application.

Centralized
Application Portal
AB 920, Caloza
(2025); added Gov.

Code, § 65940.3.

Requires jurisdictions with a population of greater than 150,000 to create a centralized application portal that allows for status tracking of submitted applications.

Expanded Definition,
Revised Approval
Timeline
AB 130, (2025);
amended Gov. Code,
Requires local agencies to approve or disapprove a
ministerial project application within 60 days of receiving a complete application (except for projects submitted under AB 2011.) Expands the PSA definition of a “development project” to include any ministerial housing development project

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California Department of Housing and Community Development Housing Law Fact Sheet Portions of the Permit Streamlining Act April 2026 4 of 4 §§ 65940, 65941.1,
and 65943.
requiring an entitlement permit, excluding postentitlement phase permits. Note, the PSA already required review for completeness of all housing development projects.

Submittal
Requirements and
Processing Timelines
SB 330, Skinner
(2019); added Gov.

Code, § 65941.1
The provisions of SB 330 that apply statewide relate to the processing and approval of housing development project
applications. The bill:
 Creates a “preliminary application” that developers can submit in advance of the full development application. A preliminary application becomes vested once a project
proponent has submitted the 17 items enumerated in
statute along with the permit processing fee. This
“freezes” the applicable ordinances, policies, standards, and fees in place at that time. The preliminary application is considered valid so long as the project’s size (in terms of square footage or units) does not change by 20 percent or more.
 Requires HCD to create a standard form that a housing development project applicant can use to submit a
preliminary application.
 Requires jurisdictions to determine whether a proposed housing development project site is a historic site at the time the application is deemed complete.
 Requires project applicants to submit a full development application with 180 days of submitting a preliminary
application.
 Reduces the time a jurisdiction has to approve or
disapprove a residential project from 120 days to 90 days after certification of an environmental impact report (EIR) and from 90 days to 60 days if the project includes at
least 49 percent affordable units.

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Rental Inclusionary Housing April 2026 1 of 2

RENTAL INCLUSIONARY HOUSING
Government Code §§ 65850 and 65850.01

HOUSING LAW FACT SHEET

INTRODUCTION
HCD has the authority to review a feasibility study for an inclusionary ordinance that requires more than 15
percent of the units in a rental housing development
be affordable to lower-income households. HCD may
conduct such a review if a jurisdiction fails to permit at least 75 percent of its above-moderate income
regional housing needs allocation (RHNA) over five
consecutive years, or if the jurisdiction fails to submit an annual progress report (APR) over two consecutive
years.

Inclusionary housing, often referred to as inclusionary zoning, is a policy tool used by local jurisdictions to ensure that housing development meets the needs of
all economic segments of the community. Inclusionary housing policies can be tailored to local circumstances. Under an inclusionary housing policy, a jurisdiction requires or incentivizes developers to include affordable units in their projects. For additional details, please see HCD’s Rental Inclusionary Housing memorandum.

KEY PROVISIONS
Local Authority
Cities and counties, including charter cities, may adopt ordinances requiring that a portion of residential rental units be affordable to households with moderate, low, very low, or extremely low incomes. The law applies to ordinances adopted after January 1, 2018.

Local inclusionary policies vary in terms of the percentage of affordable units that must be provided, at what income level(s), and for how long units must remain affordable.

Jurisdictions typically require some mix of units affordable to low- and very low-income households, but in some high-cost markets, moderate-income units are also part of the requirement. Some jurisdictions require that inclusionary units remain affordable in perpetuity, although many policies require a 55-year affordability term for rental units and a 30- or 45-year term for for-sale units.

The law also mandates that any inclusionary housing ordinance applied to rental housing must offer developers alternative means of compliance. These alternatives may include, but are not limited to, in-lieu fees, land dedication, off-site construction, or the acquisition and rehabilitation of existing units.

The Housing Law Fact Sheets
provide an overview of existing
laws which the California
Department of Housing and
Community Development (HCD)
has statutory authority to enforce.

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California Department of Housing and Community Development Housing Law Fact Sheet Rental Inclusionary Housing April 2026 2 of 2
HCD Review Authority
If HCD asks to review a feasibility study, the review is limited to whether a qualified entity prepared the study and whether the study followed best professional practices.

HCD is prohibited from requesting to review a feasibility study more than 10 years from the date of adoption or amendment of the ordinance. A jurisdiction is not required to prepare a feasibility study at the time it adopts or amends an inclusionary ordinance (although doing so is considered a best practice), nor are there any statutory limits on the design of local inclusionary policies.

LEGISLATIVE HIGHLIGHTS
Inclusionary
Housing: Reports
AB 2663, Grayson
(2024); added Gov.

Code, § 65906.6
Enhances transparency around the collection and use of inlieu fees collected under local inclusionary housing ordinances. Starting January 1, 2026, local agencies that collect these fees must annually publish the amount collected and whether the funds are intended for any specific project.

In addition, every five years, jurisdictions must report the total amount collected over that period and identify the projects funded with those fees.

Rental Inclusionary
Ordinance
AB 1505, Bloom
(2017); amended Gov.

Code, § 65850; added
Gov. Code, §
65850.01
Restores and clarifies the authority of local jurisdictions to require inclusionary housing in rental developments. Prior to AB 1505, a 2009 appellate court interpreted local
inclusionary policies as violating a landlord’s right to set initial rents for new tenants under the Costa Hawkins Rental
Housing Act.

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Streamlined Ministerial Approval Process April 2026 1 of 4

STREAMLINED MINISTERIAL APPROVAL PROCESS
Government Code § 65913.4

HOUSING LAW FACT SHEET

INTRODUCTION
State law allows a streamlined ministerial approval
process (SMAP) for certain multifamily housing
development projects if a jurisdiction is not making
sufficient progress toward its regional housing need
allocation (RHNA). This process is commonly referred
to as “SB 35” (Chapter 366, Statutes of 2017) or “SB
423” (Chapter 778, Statutes of 2023) in reference to
the enacting legislation.

HCD reviews each local jurisdiction’s permit data
received through the Annual Progress Report (APR)
that jurisdictions must submit to HCD each year. HCD
then uses the permit data, along with the jurisdiction’s housing element compliance status, to determine
which local jurisdictions are subject to SMAP and whether a jurisdiction is subject to SMAP for proposed projects with either 10 percent or 50 percent affordability. The determination is made at the end of year four and year eight of the housing element planning period for each region. For the small number of jurisdictions with a five-year planning period, HCD makes determinations based upon a pro-rata share of the RHNA for the first three years in the planning period.

To find out where SMAP is currently available to developers and in which affordability category, or to download HCD’s SMAP Guidelines, which offer more details and information to implement the statute, visit https://www.hcd.ca.gov/communitydevelopment/accountability-enforcement/statutory-determinations.shtml.

KEY PROVISIONS
To be eligible for SMAP, a proposed project must be a multifamily development (containing two or more attached units) that is consistent with the objective zoning and design review standards in effect at the time the project proponent submits the application. Projects can include rental or ownership units. Any additional density or any concessions and development standard reductions or waivers to which the project is entitled under State Density Bonus Law (SDBL) shall be considered consistent with objective zoning, design review, and subdivision standards. Projects must be on an infill site (i.e., a site in an urbanized area where at least 75 percent of the perimeter is developed with urbanized uses) that is zoned for residential development or residential mixed-use development where two-thirds of the square footage is for residential use.

Affordability Requirements
All affordability requirements in SMAP projects are calculated based on the base project (i.e., not including any units added as a result of a density bonus). Units must be deedrestricted for 55 years for rental projects and 45 years for for-sale projects. If there are The Housing Law Fact Sheets
provide an overview of existing
laws which the California
Department of Housing and
Community Development (HCD)
has statutory authority to enforce.

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California Department of Housing and Community Development Housing Law Fact Sheet Streamlined Ministerial Approval Process April 2026 2 of 4 local inclusionary housing requirements that require more affordable units, that policy applies rather than SMAP affordability requirements.
10 Percent Affordability
A developer can request SMAP for qualifying projects in any of the following situations:
 The jurisdiction has failed to permit half of its above moderate-income RHNA share in the first half of the housing element planning period or all of its above moderateincome RHNA share by the end of the housing element planning period,  The jurisdiction has failed to submit its latest APR to HCD by the required deadline,  The jurisdiction did not adopt a housing element found in substantial compliance with Housing Element Law by HCD by the statutory deadline.

Projects with more than 10 units of housing must deed-restrict at least 10 percent of the units for very low-income households (for rental projects) or lower-income households (for for-sale projects). Projects with fewer than 10 units of housing are exempt from this affordability requirement.
50 Percent Affordability
A developer can request SMAP for qualifying projects in which at least 50 percent of the units are deed-restricted for lower-income households if the jurisdiction has met abovemoderate income RHNA targets but has failed to permit at least half of its low- or very low-income RHNA share in the first half of the housing element planning period or all of its low- or very low-income RHNA share by the end of the housing element planning period.

San Francisco Bay Area Jurisdictions
Within the counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and San Francisco, jurisdictions underproducing above moderate-income housing have an alternative for meeting affordable housing requirements. Projects are eligible for SMAP if they dedicate 20 percent of units to households earning up to 100 percent of the area median income (AMI), provided that the average affordability of these units remains at or below 80 percent of AMI.

Site Eligibility
SMAP is not applicable to sites in environmentally sensitive locations, including certain areas of the coastal zone, prime farmland or farmland of state importance, wetlands, very high fire hazard severity zones (VHFHSZ) that have not adopted fire hazard mitigation measures, a hazardous waste site, certain flood-hazard areas, an earthquake fault zone (unless the development complies with seismic protection building code standards), conservation lands, and protected habitat. In addition, it cannot be used on sites where the project would require the demolition of deed-restricted housing affordable to lower- or moderate-income households, rent-controlled housing, housing that has been occupied by tenants within the past 10 years, or a historic structure. It also cannot be used on any site where housing that had been occupied by tenants was demolished within the past 10 years.

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California Department of Housing and Community Development Housing Law Fact Sheet Streamlined Ministerial Approval Process April 2026 3 of 4 Tribal Consultation
Once an applicant submits a Notice of Intent to develop pursuant to SMAP, the jurisdiction must engage in a confidential consultation process with any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development to identify and protect tribal cultural resources. The consultation process must follow strict statutory timelines and procedures. The parties to the consultation process are the jurisdiction and the relevant tribe or tribes. The developer may participate upon agreement of the tribe or tribes, which can rescind their agreement at any time. A developer may not proceed with a SMAP application in any of the following circumstances:
 There is a tribal cultural resource on the project site that is on a national, state, tribal, or local historic register.
 The parties to the consultation have not documented an enforceable agreement on treatment of tribal cultural resources.
 The parties to the consultation do not agree as to whether a potential tribal cultural resource will be affected by the project.

Labor Requirements
SMAP projects are also subject to labor requirements. SMAP projects of more than 10 units must pay prevailing wages. Projects of 50 or more units must also use an apprenticeship program and make healthcare expenditures for employees. For projects that are over 85 feet in height, developers are required to use a skilled and trained workforce. One hundred percent affordable projects are exempt from the skilled and trained workforce requirements and projects with 10 or fewer units are exempt from requirements for prevailing wage, skilled and trained workforce, apprenticeship programs, and health care expenditures.

SMAP Timeline
Jurisdictions must follow prescribed timelines when reviewing SMAP project applications.
 Projects with 150 units or fewer. The jurisdiction must determine whether the project is consistent with objective standards within 60 days of receiving the application and complete any design review within 90 days. Reviews of any resubmittals to address written feedback from the jurisdiction must be completed within 30 days.
 Projects over 150 units. The jurisdiction has 90 days to determine whether the project is consistent with objective standards and 180 days to complete any design review. However, it is recommended that the consistency review and design review should be done concurrently. If the jurisdiction fails to provide documentation of either consistency or inconsistency or fails to complete design review within the relevant timeframe, the project is automatically deemed consistent. Reviews of any resubmittals to address written feedback from the jurisdiction must be completed within 30 days.

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California Department of Housing and Community Development Housing Law Fact Sheet Streamlined Ministerial Approval Process April 2026 4 of 4

RECENT HCD TECHNICAL ASSISTANCE LETTERS
City of Los Angeles,
June 5, 2024
Subsequent permits following a SMAP entitlement, such as tree removal, are also subject to ministerial review.

City of Ojai,
December 12, 2023
SMAP requirements include tribal consultation, timing of consistency review, timing of design review, objective
standards, SMAP eligibility regarding urban uses, and SDBL.

RECENT LEGISLATION
Clarifications in
Coastal and Fire
Zones; Update Labor
Provisions; Planning
Director Approval
SB 423, Wiener
(2023); Amended Gov.

Code, § 65913.4.

SB 423 extends SMAP through 2036 and makes the
following additional changes:
 Allows SMAP in coastal zones with the approval of a
ministerial Coastal Development Permit and adds
clarifying provisions for sites located in VHFHSZ.
 Clarifies that SMAP does not apply to equestrian districts for project applications submitted on or after January 1, 2024, but before July 1, 2025.
 Removes skilled and trained workforce requirements
based on the date of development, population, and
number of housing units, and whether a project has 50 or more units, or if a project is over 85 feet in height.
 Clarifies that the city's planning director or equivalent must approve a project if it is consistent with objective standards while maintaining provision for design review.  Removes “public oversight” from the design review
process and requires the local government to approve a
development that meets all objective design standards.
 Adds a new process for SMAP projects proposed in low
or moderate resource areas, or areas of high segregation and poverty, requiring a public meeting before full
application submittal.
 Changes to methodology and eligibility, based on lack of housing element compliance.

Tribal Consultation
AB 168, Aguiar-Curry
(2020); Amended Gov.

Code, §§ 65400,
65913.4, and 65941.1.

Establishes a tribal consultation process requiring a
developer to first submit a notice of intent in the form of a preliminary application prior to submitting a SMAP
application.

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Starter Home Revitalization Act April 2026 1 of 2

STARTER HOME REVITALIZATION ACT
Government Code §§ 65852.28, 65913.4.5, and 66499.41

HOUSING LAW FACT SHEET

INTRODUCTION
The Starter Home Revitalization Act (SHRA) aims to
address California’s housing shortage by streamlining
approval for small-scale residential projects of ten or fewer units on urban lots under five acres zoned for
multifamily residential use. The statute mandates a
ministerial, non-discretionary approval process,
reducing local government delays and facilitating infill development. By cutting regulatory burdens, SHRA
promotes homeownership opportunities, particularly
for low- and moderate-income families, while
maintaining protections against tenant displacement
and environmentally sensitive site development.

KEY PROVISIONS
SHRA requires ministerial approval of qualifying housing projects within 60 days, after which applications are deemed approved if no action is taken. The law applies to urban lots under five acres, zoned for multifamily residential use, and located in incorporated cities or large urban counties. It limits local restrictions, prohibiting excessive setbacks, parking mandates, and low floor area ratios that would reduce allowable housing density. The law allows for up to ten lots and a maximum of ten total units.

Housing projects must comply with local inclusionary housing requirements and may be structured as fee simple ownership, common interest developments, or community land trusts. SHRA protects existing renters by prohibiting redevelopment that displaces rentcontrolled or tenant-occupied housing. Environmentally sensitive areas, including farmland, wetlands, and fire hazard zones, are ineligible for development. The law exempts projects from CEQA review, further accelerating approvals while maintaining affordability and urban housing growth.

RECENT HCD TECHNICAL ASSISTANCE LETTERS
City of Oakland,
February 19 2025
The City cannot require a conditional use permit for qualifying projects and must reduce setback and open space
requirements if they preclude development at the allowed density. SHRA mandates ministerial approval, ensuring
streamlined development. The City may only deny a project if it can prove an unavoidable public health and safety risk.

City of Hayward,
January 28 2025
SHRA applies broadly to any zoning district allowing
multifamily housing, including high-intensity mixed-use zones. Condominium projects qualify under the law and that units can be rented after ownership transfer.

The Housing Law Fact Sheets
provide an overview of existing
laws which the California
Department of Housing and
Community Development (HCD)
has statutory authority to enforce.

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California Department of Housing and Community Development Housing Law Fact Sheet Starter Home Revitalization Act April 2026 2 of 2

LEGISLATIVE HIGHLIGHTS
Expansion of
Streamlined Housing
Approvals for Vacant
Single-Family Lots
SB 1123, Caballero
(2024); amended Gov.

Code, § 65852.28 and
66499.41
Expands SHRA by enabling property owners in single-family zones to utilize the same streamlined, ministerial approval process available to multifamily parcels. The bill was
intended for small-scale housing developments, facilitating the creation of up to 10 units, excluding ADUs. This
amendment increased housing opportunities in areas
previously restricted to large lots with a maximum density of one single-family home and promoted higher density, entrylevel homeownership. Additionally, the bill clarified language to ensure that various lower-cost homeownership models, such as tenancies in common and community land trusts,
were eligible under SHRA. SB 1123 took effect on July 1, 2025.

Streamlined
Approval for Small
Urban Housing
Projects
SB 684, Caballero
(2023); added Gov.

Code, §§ 65852.28,
65913.4.5, and
66499.41
Requires local agencies to ministerially approve certain small-scale housing developments and subdivisions—
specifically, projects with 10 or fewer residential units on urban lots of 5 acres or less. The bill creates new streamlined processes for parcel and tentative/final map approval and prohibits local governments from imposing specific zoning and design standards that would hinder such developments.

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Surplus Land Act April 2026 1 of 3

SURPLUS LAND ACT
Government Code §§ 54220–54234

HOUSING LAW FACT SHEET

INTRODUCTION
The Surplus Land Act (SLA) aims to make local
public land that is no longer needed for government
purposes available for building affordable homes. The
SLA serves as a “right of first refusal” law that
mandates that local agencies in California offer
surplus land for sale or lease to affordable housing
developers and certain other entities before making it
available to other individuals or entities. Assembly Bill 1486 (Chapter 664, Statutes of 2019) strengthened
the SLA by tasking HCD with oversight and
enforcement authority, requiring greater
transparency, and prioritizing affordable housing.

Local agencies, including cities, counties, special
districts, redevelopment agencies, housing authorities, etc., must notify affordable housing developers when disposing of surplus public land when an exemption to the SLA cannot be met.

Exemptions to the SLA include affordable housing projects that meet specific affordability and other development criteria, transferring property to another local agency for the receiving agency’s use, and land with valid legal restrictions that prohibit housing, among others. For additional information, see Public Lands for Affordable Housing Development and the Updated SLA Guidelines (2024).

KEY PROVISIONS
For non-exempt surplus land, local agencies must send a notice of availability (NOA) to the following parties:
 HCD
 Any local public entity within the jurisdiction where the surplus land is located  Developers who have notified HCD of their interest in developing affordable housing on surplus local public land
Once the NOA is sent, interested parties may respond during a mandatory 60-day period. If interest is received, the local agency must engage in good faith negotiations, after the 60-day period ends, for a minimum of 90 days with all interested developers proposing housing with least 25 percent affordable units. The local agency must prioritize proposals with the most affordable housing units proposed, followed by the deepest level of affordability.

After negotiations conclude, the local agency must submit a disposition summary to HCD at least 30 days before the disposition of surplus land. The required information includes:

The Housing Law Fact Sheets
provide an overview of existing
laws which the California
Department of Housing and
Community Development (HCD)
has statutory authority to enforce.

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California Department of Housing and Community Development Housing Law Fact Sheet Surplus Land Act April 2026 2 of 3
• Description of disposition form
• Adopted “surplus land” declaration
• NOA sent
• Evidence NOA was sent to all required entities
• Summary of negotiations (if applicable)
• Draft affordability covenant and/or equity sharing agreement If a local agency cannot come to price or terms after the full 90-day good faith negotiation period, then the local agency must provide HCD the above information with a draft 15 percent affordability covenant.

HCD reviews all SLA “surplus land” and “exempt surplus land” dispositions and provides a findings letter to the local agency noting compliance. HCD also provides technical assistance to local agencies and other stakeholders.

RECENT HCD FINDINGS LETTERS
City of Rancho
Cordova,
March 10, 2025
The City of Rancho Cordova designated a two-acre parcel as “exempt surplus land” under the SLA for Phase 4 of
Mather Veterans Village, which will include 69 affordable units for very low-income homeless and/or disabled
veterans. Because the project meets exemption criteria— such as dedicating at least 80 percent of the property to housing and ensuring long-term affordability, it is not subject to the standard surplus land disposition process.

Sacramento Regional
Transit District,
December 11, 2024
The Sacramento Regional Transit District complied with the SLA in its plan to sell its Midtown Administrative Complex, issuing proper notices and selecting The Code Solution, Inc. to develop 304 rental units. The project includes 25 percent affordable units across various income levels, and HCD
confirmed all SLA requirements were met.

LEGISLATIVE HIGHLIGHTS
Surplus Land Act
Amendments –
Exemptions and
Negotiations
SB 747, Caballero
(2023); amended Gov.

Code, §§ 54220-54234
Establishes an administrative process for certain types of exempt dispositions. The bill clarifies that “participating in negotiations” did not include certain activities required to determine if a project meets the criteria for “exempt”
affordable housing developments.

Surplus Land Act
Amendments –
Expands exemption for affordable housing projects and
removes the requirement that surplus land be put out to

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California Department of Housing and Community Development Housing Law Fact Sheet Surplus Land Act April 2026 3 of 3
Exemptions for
Developments with
Affordable Housing
AB 480, Ting (2023);
amended Gov. Code,
§§ 54221–54230.5 and
54234
open, competitive bid for certain housing developments. The bill creates an exemption for surplus land totaling 10 or more acres that is put out to an open, competitive bid for a development with certain requirements, including affordable housing.

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RESEARCH PAPER
JUNE 2026
A guide to post-2016 legislation for local
planners, housing advocates, architects,
developers, and community stakeholders
California
Housing Laws
ATTACHMENT 2

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CALIFORNIA HOUSING LAWS 2

AUTHORS
Erika McLitus
Lori Droste
Sujata Srivastava
Edited by Melissa Edeburn and Ren Steen
Designed by Shawn Hazen
Copy edited by Valerie Sinzdak

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4 Why We Need for a Guide to California’s
Housing Laws
6 Background: California’s Housing Crisis
9 How to Use This Guide
Contents
10 Project Approval
11 General Project and Site
Requirements
12 Labor Standards
12 State Laws with Additional Impacts or
Special Requirements
22 Affordability
22 Affordable Housing Projects
24 Affordable Housing Construction
24 General Project and Site
Requirements
25 Labor Standards
31 Density
31 General Project and Site
Requirements
32 Labor Standards
32 State Laws with Additional Impacts or
Special Requirements
35 Objective Design Standards and
Local Requirements
35 General Project and Site
Requirements
36 Labor Standards
36 State Laws with Additional Impacts or
Special Requirements
44 Other Policy Impacts
44 Labor Standards for Construction
Workers
45 Interaction of State Housing Laws
with Local Housing Policies and
Processes
47 Transit-Oriented Development
48 More Housing, Faster
49 Appendix A: Glossary and Abbreviations
51 Appendix B: Guidance from City
Planning Departments

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CALIFORNIA HOUSING LAWS 4
Why We Need for a Guide to
California’s Housing Laws
California’s severe housing shortage has led to a surge in proposed solutions, including a significant uptick in the number of housing-related state laws passed each year, a trend that began in the late 2010s. Since 2017, the state has adopted more than 200 laws designed to spur housing development through a variety of means (Exhibit 1). Many of these laws build on previous legislation, and some “cleanup bills” correct for unintended consequences or fine-tune policy tools to make them more efficient and effective. With each new law, the volume and complexity of the housing legislation landscape grows.

While this legislative bounty holds great promise for addressing the state’s housing shortage, it has proven challenging to navigate for housing developers, community advocates, planning departments, and others involved in housing construction and community development. This guide to recent housing laws explains what they do and how they interact with each other and with local housing policies. It also describes the types of projects and circumstances where they apply. We focused on the 100-plus laws that address project approval, affordable housing, density, and design standards.
4

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BACKGROUND:

California’s Housing Crisis
The national housing affordability crisis is particularly acute in California and the San Francisco Bay Area.1 Decades of scarcity have made housing unaffordable for many families, and homeownership opportunities are rare for all but high-income households.2 While many factors influence how much housing is actually built and the market-rate rents or sale prices for those units, state and local laws play a major role in creating environments that promote or deter new construction of different housing types.

Fragmented, highly localized policy decisions by different jurisdictions over many decades have made housing scarce, difficult to build, and prohibitively expensive to rent or own in most California cities. Local laws have constrained housing production by:

Adopting exclusionary zoning policies that reserve most available residential land in the state for single-family homes3
Making it illegal to build multifamily housing, affordable housing, and supportive housing in many neighborhoods
Creating complex bureaucratic processes that delay and block project approvals for months or years
Adopting subjective, arbitrary, or prohibitively expensive design standards that prevent new housing from being built
Failing to adopt policies that would realistically allow enough housing to be built to accommodate current and future residents
Failing to implement existing pro-housing laws, especially those with weak enforcement mechanisms
When housing becomes unaffordable for many families, communities suffer. Economic pressures displace families from neighborhoods that once provided affordable housing and spaces for small businesses. High costs and low availability drive more young adults and families out of 1 Public Policy Institute of California, “Californians and the Housing Crisis,” https://www.ppic.org/interactive/californians-and-the-housing-crisis/. 2 In California, 55% of renters and 40% of homeowners are considered cost-burdened, spending more than 30% of their income on housing costs. 3 Stephen Menendian, Shahan Shahid Nawaz, and Samir Gambhir, Single-Family Zoning in California: A Statewide Analysis (A California Zoning Atlas Report), UC Berkeley Institute of Othering and Belonging, May 22, 2024, https://belonging.berkeley.edu/single-family-zoning-california-statewide-analysis.

CALIFORNIA HOUSING LAWS 6

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CALIFORNIA HOUSING LAWS 7
cities and negatively impact many social services and institutions. Schools serve fewer children and have difficulty hiring and retaining new teachers, transit ridership falls, neighborhoods become more segregated by race and income, and homelessness increases. Housing is fundamental, and cities cannot flourish when the essential needs of their residents are not met.

All these considerations prompted SPUR to join a housing advocacy coalition in 2020 to champion policies that would have the greatest impact on accelerating housing production in the Bay Area. The coalition has been instrumental in securing passage of legislation by state and local governments to address systemic barriers to building new affordable housing.4 The State of California has been enacting laws to ensure that residents have access to safe and affordable housing since 1909.5 The following legislation builds on, expands, or is a core tenet of state housing policy:

California Government Code Article 10.6, Sections 65580–65589.8, requires all cities and counties to create a “housing element.” Enacted in 1969, the code requires that every eight years, each local jurisdiction submit a plan to the state to provide sufficient housing to meet the projected needs of current and future residents. Subsequent state laws defined additional responsibilities for local jurisdictions and established enforcement mechanisms for noncompliant housing elements.

The Housing Accountability Act was enacted in 1982 to prevent local policies from blocking infill development and to expedite housing project approval. A 1990 amendment created the “builder’s remedy,” a provision that allows the state to step in when local housing policies unduly restrict new housing production. Later strengthened and codified by Assembly Bill 1893 (2024), the builder’s remedy allows the state to override local discretion and approve housing projects that meet basic health and safety standards when a local jurisdiction fails to comply with existing state housing law.

Assembly Bill 686 affirmatively furthers fair housing. Enacted in 2018, it requires state and local governments to ensure that housing policies do not have undue negative impacts on any particular racial, ethnic, or social group. As of January 2021, local jurisdictions must include a fair housing assessment in their housing elements when revising them.

Recent state laws have focused on shifting housing policy in the following ways:

Expediting local approval processes for certain housing development projects Incentivizing affordable housing production
Increasing housing density by promoting multifamily and infill development, especially near transit stops
4 Erika McLitus, “Building Relationships to Build Housing,” The Urbanist, Issue 578, SPUR, October 27, 2025, https://www.spur.org/publications/urbanist-article/2025-10-27/buildingrelationships-build-housing. 5 California Department of Housing and Community Development, “Program History,” September 15, 1985, https://www.hcd.ca.gov/building-standards/shl/program-history.

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CALIFORNIA HOUSING LAWS 8
Introducing some limits to local control over land use to ensure that local policies do not unduly restrict housing production
Addressing niche barriers to housing production, or the housing needs of particular groups that are not addressed by broader legislative efforts
Allowing more housing to be built in more neighborhoods, including diverse housing solutions such as accessory dwelling units
Lawmakers balanced these housing goals against other public interests, tempering the impacts of policy tools by including provisions to support construction labor, protect existing housing and tenants, and ensure that new housing is built on safe sites that are not historically significant or environmentally fragile.

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CALIFORNIA HOUSING LAWS 9
How to Use This Guide
This guide describes an important subset of housing laws passed since 2017 and their intended impact on four key housing policy goals:
1 Expediting project approval and permitting
2 Incentivizing and promoting affordable housing
3 Allowing increased density in new housing projects
4 Requiring local jurisdictions to base their design, building, and land use rules on reasonable and objective standards
Each section presents summaries of new housing laws that advance one of these goals, including “cleanup” bills that amend, expand, or refine the policy tools created by state law. The sections can be read in any order and allow the reader to move between policy areas to explore the laws that directly impact their area of interest.

Bills that advance other policy goals are described in Other Policy Impacts on page 44.

Appendix A provides a glossary of key terms and abbreviations, and Appendix B offers links to guidance from municipal planning departments.

The general provisions commonly included in state housing laws, including compliance with local housing policies, basic site suitability, protections for existing affordable housing, and project labor standards, are covered in greater detail in SPUR’s State Housing Law Database at spur.org/ CAhousinglaws. The database includes other recent housing laws not discussed here.

This guide and its associated database aim to provide a general overview of California’s recent housing legislation. They should not be considered a substitute for legal text or advice.

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CALIFORNIA HOUSING LAWS / PROJECT APPROVAL 10
Project Approval
Multifamily housing is more expensive to build in California than in any other state, reflecting a strong correlation between higher costs and longer production timelines.6 The most stubborn clogs in California’s housing production pipeline obstruct projects before construction. Local processes for project approval and entitlement often involve long waiting periods for application approval or feedback, complex or shifting land use requirements, subjective design standards, and unlimited public hearings. These conditions have led to unpredictable project delays that inflate costs and discourage developers from building housing in any area that might be contentious, including multifamily or affordable housing in more affluent neighborhoods.

Approved housing development projects often stall again as they navigate notoriously slow, byzantine, and expensive local permitting programs to obtain the necessary authorizations to start work. In some cases, local governments and community activists have acted in bad faith to inhibit, chill, or preclude the construction of new housing by misusing discretion in project entitlement decisions or by abusing the California Environmental Quality Act (CEQA) to submit false environmental claims, impose unnecessary study requirements, and file spurious lawsuits.

Recent state housing laws have moved to address these delays by mandating that cities and counties across California offer expedited project approval and permitting to housing projects that meet certain requirements or provide specific benefits (Exhibit 2). Generally speaking, these laws are aimed at removing zoning barriers to housing in infill development locations. These mandates:

Require cities and counties to create local programs that offer streamlined, ministerial approval for eligible projects. Ministerial approval means that local agencies review project applications for compliance with local planning and building requirements and do not add discretionary reviews, subjective standards, or extra hearings.

Establish deadlines for local agencies to review, approve/deny, and provide feedback on certain project and permit applications.

Exempt eligible projects and related local laws from CEQA.

Streamline certain permitting processes for eligible projects.

Require local jurisdictions to modernize permitting processes (moving certain information online and allowing email communication).
6 Jason M. Ward and Luke Schlake, The High Cost of Producing Multifamily Housing in California, RAND Center on Housing and Homelessness, April 2, 2025, https://www.rand.org/ pubs/research_reports/RRA3743-1.html.

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CALIFORNIA HOUSING LAWS / PROJECT APPROVAL 11
Provide enforcement mechanisms for the California Department of Housing and Community Development (HCD) to deter local jurisdictions from ignoring state housing laws.

Prior to state intervention, the full approval and entitlement process for a new housing project frequently took several years in many California cities. A 2019 study of entitlement processes in five Bay Area cities, including San Francisco, Oakland, and San José, found average entitlement process times ranging from 10 months to three years, depending on local requirements and project size; outlier cases extended beyond five years.7
State-mandated ministerial approval programs have streamlined and reformed entitlement processes, significantly reducing delays and eliminating opportunities to misuse CEQA or other discretionary approval processes to block housing development projects. Local planning departments responded to new state laws not only by creating ministerial approval programs and publishing extensive guidance to help project applicants understand state laws, but also by applying a critical lens to local policies to improve efficiency for projects ineligible for ministerial review.8 Local implementation efforts helped uncover administrative and programmatic issues in recent state housing laws and led to “cleanup” bills that adjust ministerial approval requirements for applicants and reviewing agencies, making ministerial approval programs more efficient.

General Project and Site Requirements
The legislature’s intention has been to promote infill development by requiring that projects be located on sites that meet basic suitability requirements. For our purposes, basic suitability means that a site is not:

Zoned for industrial use
Located within the coastal zone (with some exceptions), prime farmland, wetlands, high fire hazard severity zones, delineated earthquake fault zones, flood plains or floodways, community conservation plan areas, habitats for protected species, conservation easements, or hazardous waste sites
Particularly close to freeways or facilities that actively extract or refine oil or natural gas Unless exceptions are noted in the applicable state law, projects must comply with all local requirements that apply to the project and site, as detailed in the jurisdiction’s objective, written standards related to zoning, subdivision, architecture and design, and so on, published at the time the developer submits the project application. For some bills, additional location and site requirements apply.
7 Moira O’Neill, Giulia Gualco-Nelson, and Eric Biber, “Developing Policy from the Ground Up: Examining Entitlement in the Bay Area to Inform California’s Housing Policy Debates,” Hastings Environmental Law Journal 25 (1), https://repository.uclawsf.edu/cgi/viewcontent.cgi?article=1560&context=hastings_environmental_law_journal. 8 See Appendix A for local planning staff’s guidance on ministerial approval and other state housing laws for San Francisco, Oakland, and San José.

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CALIFORNIA HOUSING LAWS / PROJECT APPROVAL 12
Labor Standards
Some state housing laws that offer ministerial approval include specific compensation requirements for construction labor. Provisions vary across laws and programs, but they often require construction contractors and subcontractors to pay prevailing wages and appropriate healthcare costs, participate in a state-approved apprenticeship program or employ a workforce with specific skills and training, and meet reporting requirements to confirm compliance. For more detailed information, see the State Housing Law Database or “Labor Standards for Construction Workers” on page 44.

State Laws with Additional Impacts or Special Requirements Some state laws that offer expedited project approval and permitting are tied to additional density, development incentives, and the inclusion of affordable units. A given project may be able to leverage multiple state laws to expedite development through ministerial approval programs, receive a density bonus, and request concessions that waive certain local requirements that increase project costs. For more information about density bonuses and affordability requirements, see “Density” on page 31 and “Affordability” on page 22.

EXHIBIT 2
State Housing Laws That Streamline Project
Approval and Permitting, 2017–2025

BILL NAME

IMPACT ON PROJECT APPROVAL OR

PERMITTING PROCESSES PROJECT/SITE REQUIREMENTS
SB 167/AB 678: Housing Accountability Act Strengthens requirements for local jurisdictions to disapprove a housing
development
Local jurisdictions that violate HAA must
comply within 60 days.

Basic site suitability
Affordability
SB 423: Land use: streamlined housing
approvals: multifamily housing development
Replaces SB 35 and AB 1845
Ministerial approval within:
• 90 days for projects with fewer than 150
units
• 180 days for projects with more than 150
units
Ministerial approval for code-compliant
projects with 2 or more units in jurisdictions
without compliant housing elements or that
have not issued building permits proportional
to RHNA goals by income category
CEQA exemptions for eligible projects
Basic site suitability
Affordability
Labor standards
Projects may not demolish rental or price-controlled
units or historic structures on a national, state, or local register.

AB 3122: Streamlined housing approvals:
objective planning standards and
subdivision applications
Amends SB 423
Local jurisdictions must review and respond
to revisions submitted to address written
feedback on a housing project application
within 30 days.

Expands CEQA exemptions to include larger
projects
Adds other project categories and affordability
amendments

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CALIFORNIA HOUSING LAWS / PROJECT APPROVAL 13
AB 2162: Planning and zoning: housing
development: supportive housing
Supportive housing is permitted byright where multifamily and mixed-use development is allowed.

Ministerial approval for supportive housing
projects within:
• 60 days for projects with fewer than 50 units
• 120 days for projects with more than 50 units
Basic site suitability
Affordability
Other project requirements amended by AB 1801
AB 1801: Supportive housing:
administrative office space
Amends AB 2162
Expands by-right provisions (including
ministerial approval) for supportive housing
projects that include administrative office
space
CEQA exemption
Clarifies that “supportive housing” specifically
includes transitional housing for youth and
young adults
Sets minimum floor-area requirements for onsite
supportive services and maximum floor-area
requirements for administrative office space
SB 330: Housing Crisis Act of 2019 The lead agency must approve or disapprove eligible projects within 90 days of EIR
certification and within 60 days of the EIR
certification for projects that meet additional
affordability requirements.

Limits local jurisdictions’ ability to deny
eligible housing projects or to condition
approval on lower density
Includes enforcement mechanism (fines for
wrongful disapprovals)
Affordability
Projects cannot require the demolition of residential
dwelling units unless certain conditions are met
(“protected unit” replacement, affordability, relocation assistance, right of first refusal, and so on).

AB 130: Housing
Amends SB 330 and SB 13
Removes sunset date from SB 330 to make
ministerial approval provisions, including the
5-hearing limit, in the Permit Streamlining Act
permanent
Tightens ministerial approval requirements
for certain ADU variations under SB 13 and
related bills
Public agencies must approve or disapprove
a development project within 60 days if it is
subject to ministerial review and within 30
days if the project is exempt from CEQA.

Freeze on building code updates for 6 years
CEQA exemptions for any aspect of eligible
housing development projects, including
any required permits, approvals, or public
improvements
Basic site suitability

BILL NAME

IMPACT ON PROJECT APPROVAL OR

PERMITTING PROCESSES PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / PROJECT APPROVAL 14
SB 13/AB 68/AB 881: Accessory dwelling units Expands/strengthens ministerial approval for ADUs
Shortens approval from 120 days to 60 days
from the date the local agency receives a
completed application if there is an existing
single-family or multifamily dwelling on the lot
Requires ministerial approval of an application
for a building permit within a residential or
mixed-use zone to create any of the following:
• 1 ADU and 1 junior ADU (JADU) per lot with a
proposed or existing single-family dwelling
• A detached, new-construction ADU
• Multiple ADUs within the portions of an
existing multifamily dwelling structure
• Up to 2 detached ADUs that are located on a
lot that has an existing multifamily dwelling,
subject to certain height and rear yard and
side setback requirements
AB 3182: Housing: governing documents:
rental or leasing of separate interests:
accessory dwelling units
Amends SB 13,
strengthens AB 68
Strengthens ministerial approval for ADUs/
JADUs if the local agency has not acted on the
completed application within 60 days
Expands ministerial approval to include
applications to create 1 ADU and 1 JADU
AB 2221: Accessory dwelling units
Amends SB 13
Clarifies ADU construction rules to prevent
delays or onerous requirements
Establishes a 60-day timeline for review of
ADU denials
SB 897: Accessory dwelling units: junior
accessory dwelling units
Amends SB 13
Requires a local permitting agency to:
• Review and issue a demolition permit for a
detached garage that is to be replaced by
an ADU at the same time as it reviews and
issues the permit for the ADU
• Return a full set of written comments with
a list of items that are defective or deficient
and a description of how the application
can be remedied, if the agency denies the
application
SB 1211: Land use: accessory dwelling
units: ministerial approval
Amends SB 13
Expands ministerial approval to projects with
up to 8 detached ADUs to be created on a lot
with an existing multifamily dwelling, provided
that the number of ADUs does not exceed the
number of existing units on the lot, and up to
2 detached ADUs on a lot with a proposed
multifamily dwelling

BILL NAME

IMPACT ON PROJECT APPROVAL OR

PERMITTING PROCESSES PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / PROJECT APPROVAL 15
AB 3057: California Environmental Quality
Act: exemption: junior accessory dwelling
units ordinances
Amends SB 13
Expands existing CEQA exemption for the
adoption of local ordinances that allow ADUs
in areas zoned for residential use to include
JADUs
SB 9 (2025): Accessory Dwelling Units:
ordinances
Amends SB 13
If a local agency fails to submit a copy of its
local ADU ordinance to HCD within 60 days of
adoption, or fails to respond to HCD’s findings
that the ordinance does not comply with
applicable standards within 30 days, the local
ordinance is invalid and all ADU applications
are subject to ministerial review.

AB 2553: Shelter crisis declarations
Amended by SB 1395
Expands shelter crisis law to state that upon a
declaration of a shelter crisis by any county or
city, actions by a state or local agency relating
to land owned by a local government to be
used for, or to provide financial assistance to, a
homeless shelter are exempt from CEQA and
provides that homeless shelters constructed
or allowed pursuant to these shelter crisis
declarations are not subject to specified laws
A “homeless shelter” includes a parking lot
owned or leased by a county/city specifically
identified as one allowed for safe parking by
homeless and unstably housed individuals.

SB 1395: Shelter crisis: Low Barrier
Navigation Center: use by right: building
standards
Amends AB 2553
Expands CEQA exemptions to include action
taken by a state or local agency to approve
a contract to provide services for people
experiencing homelessness to a homeless
shelter as well as actions taken to establish/
support low-barrier navigation centers
SB 9 (2021): Housing development: approvals Ministerial approval for eligible projects containing no more than 2 residential units
within a single-family residential zone (4 units
with an approved lot split) and for parcel
maps for urban lot splits that meet certain
requirements
Basic site suitability
Cannot require demolition of more than 25% of the
existing exterior structural walls
Cannot require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to persons and families of moderate, low, or very low income
Owner-occupancy requirement for urban lot split
projects

BILL NAME

IMPACT ON PROJECT APPROVAL OR

PERMITTING PROCESSES PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / PROJECT APPROVAL 16
SB 450: Housing development: approvals
Amends SB 9
Requires local jurisdictions to consider and
approve or deny the proposed housing
development application within 60 days and
would deem the application approved after
that time
Requires a permitting agency to provide a full
set of comments to the applicant with a list
of items that are defective or deficient and
a description of how the application can be
remedied if it denies an application
Removal of subjective design standards and
denial basis
Removes the requirement that a proposed project
not allow for the demolition of more than 25% of the
existing exterior structural walls to be considered for ministerial approval
AB 1061: Housing developments: urban lot
splits: historical resources
Amends SB 9
Ministerial approval for eligible housing
projects that are not located in a contributing
structure within a historic district, within a
historic property or local historic district, or
within a property individually designated as a
local landmark
Ministerial approval for eligible housing
projects that are not listed as a historical
resource in the State Historical Resources
Inventory
Ministerial approval for eligible urban lot splits
if the parcel is not located within a historic
landmark property or local landmark
A proposed urban lot split cannot require demolition
or alteration of contributing structures located in a
historic district, including exterior structural walls.

SB 543: Accessory dwelling units and
junior accessory dwelling units
Amends SB 9
Ministerial approval for JADUs if the local
jurisdiction has not adopted an ordinance for
such approvals
Prohibits other local policies related to JADUs
from delaying or denying building or use
permits under this provision
Prohibits impact fees under 500 square feet
Requires permitting agencies to determine
whether an application for ADU or JADU is
complete and to notify the applicant within 15
business days of receiving the application
If the agency determines that an application
is incomplete, it must provide a written list of
incomplete items and a description of how
the application can be made complete. If the
application is determined to be incomplete or
is denied, the agency must provide a process
for the applicant to appeal that decision.

Requires local permitting agency to provide a
final, written determination within 60 business
days of receipt of the written appeal

BILL NAME

IMPACT ON PROJECT APPROVAL OR

PERMITTING PROCESSES PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / PROJECT APPROVAL 17
AB 2011: Affordable Housing and High Road
Jobs Act of 2022
Ministerial approval for eligible affordable
housing and mixed-income housing
development projects within 90 days for
projects with fewer than 150 units and 180
days for projects with more than 150 units
Affordability
Labor standards
Basic site suitability
Mixed-income projects must be located in an infill
commercial corridor and may not demolish rental
housing (occupied by tenants within the last 10 years), price-controlled housing, or historic sites.

SB 6: Local planning: housing: commercial
zones
Ministerial approval for residential or mixeduse projects on a site zoned for office or retail commercial use
Affordability
Labor standards
Basic site suitability
Developer must provide relocation assistance to
eligible commercial tenants.

SB 886: California Environmental Quality
Act: exemption: public universities: university
housing development projects
Amended by SB 312
CEQA exemptions for eligible university
housing development projects carried out by
a public university on real property owned by
the public university
Prohibits local governments from denying
an application on the basis that a public
university did not comply with any additional
permit requirement, standard, or action
applicable to the site if the public university is
able to satisfy all applicable federal qualifying
criteria to demonstrate that the site is
otherwise eligible to be exempt from CEQA
Basic site suitability
Labor standards
Eligibility criteria modified by SB 312
SB 312: California Environmental Quality
Act: university housing development
projects: exemption
Amends SB 886
University housing development projects
carried out by the University of California are
exempt from CEQA if they are located on a
campus site identified for housing in the most
recent long-range development plan EIR or an
EIR prepared for any subsequent housingrelated amendment to that plan.

Clarifies streamlining using LEED (Leadership
in Energy and Environmental Design)
certification

BILL NAME

IMPACT ON PROJECT APPROVAL OR

PERMITTING PROCESSES PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / PROJECT APPROVAL 18
AB 2234: Planning and zoning: housing: postentitlement phase permitsBy 1/1/2024: Local jurisdictions must give applicants information needed to approve
or deny a post–entitlement phase permit, an
example of a complete application, and an
example of a complete set of post–entitlement
phase permits for at least 5 types of housing
development projects in the jurisdiction.

Establishes time limits for completing reviews
for post–entitlement phase permit applications
and makes any failure to meet these time
limits a violation of the Housing Accountability
Act
Requires local agencies to create online
options to complete and check the status of
post–entitlement phase permit applications
Affordability
AB 2295: Local educational agencies: housing
development projects
A housing development project is an allowable
use on any real property owned by a local
educational agency.

A project that meets this use requirement
is deemed consistent, compliant, and in
conformity with local development standards,
zoning codes or maps, and the general plan.

Must satisfy other objective standards (zoning,
subdivision, and design review)
SB 4: Planning and zoning: housing
development: higher education institutions
and religious institutions
Ministerial, by-right approval for affordable
housing on any land owned by an independent
institution of higher education or religious
institution on or before 1/1/2024:
• Within 90 days for projects with fewer than
150 units
• Within 180 days for projects with more than
150 units
Affordability
Labor standards
Site suitability
May include ancillary uses that are limited to the
ground floor of the development
Cannot demolish rental or price-controlled units or
historic structures on a national, state, or local register SB 684: Land use: streamlined approval
processes: development projects of 10 or
fewer residential units on urban lots under 5
acres
Ministerial approval for a parcel map or
a tentative and final map for a housing
development project that meets specified
requirements and for an application for a
housing development project on a lot that is
subdivided pursuant to these provisions
Local jurisdictions must approve or deny a
completed application within 60 days. If not,
the application is approved.

If the local jurisdiction denies the application,
it must return a full set of written comments
within 60 days of receipt of the application,
with a list of items that are defective or
deficient and possible remedies.

The proposed subdivision must result in 10 or fewer
parcels and be located on a lot zoned for multifamily
residential development that is no larger than 5 acres
and that is substantially surrounded by qualified urban uses.

The housing development project must consist of no
more than 10 residential units and meet minimum
parcel size and density requirements.

BILL NAME

IMPACT ON PROJECT APPROVAL OR

PERMITTING PROCESSES PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / PROJECT APPROVAL 19
AB 821: Planning and zoning: general plan:
zoning ordinance: conflicts
If a zoning ordinance becomes inconsistent
with a general plan due to an amendment to
the general plan and a local agency receives
a development application for a project that
is not subject to specified provisions of law
relating to housing development projects
and that is consistent with the general plan
but inconsistent with a zoning ordinance,
the agency must process the development
application unless it amends the zoning
ordinance to be consistent with the general
plan within 180 days.

Authorizes any resident or property owner to bring an
action or proceeding in the Superior Court to enforce
compliance with these provisions within 90 days of a
local agency’s failure to comply
AB 1633: Housing Accountability Act:
disapprovals: California Environmental
Quality Act
Prohibits local jurisdictions from disapproving
a housing development project without
written findings based on a preponderance of
evidence
Expands the definition of “disapproval” to
include any abuse of discretion or failure
by local agencies to determine whether the
project is exempt from CEQA, to adopt a
negative declaration or addendum for the
project, to certify an EIR for the project, or to
approve another comparable environmental
document
The local jurisdiction must provide
documentation explaining why a proposed
project is inconsistent with an applicable
plan, program, policy, ordinance, standard, or
requirement:
• Within 30 days for projects with fewer than
150 units
• Within 60 days for projects with more than
150 units
If the local agency fails to provide the required
documentation, the project is deemed
consistent with the applicable provision.

A housing development project subject to these
provisions must be located on a legal parcel or parcels within an urbanized area and must have at least 15
dwelling units per acre.

AB 2553 (2024): Housing development: major
transit stops: vehicular traffic impact fees
CEQA exemptions for residential projects on
infill sites and transit priority projects that
meet certain requirements
Must be located within a half mile of a major transit
stop
Basic site suitability
AB 1820: Housing development projects:
applications: fees and exactions
Requires local jurisdictions to be transparent
about impact fees and exactions by:
• Providing a preliminary fee and exaction
estimate, if requested, within 30 business days
of receiving a preliminary application for a
housing development project
• Providing an itemized list and a good
faith estimate of the total sum amount of
all applicable fees and exactions within 30
business days of final approval for the project

BILL NAME

IMPACT ON PROJECT APPROVAL OR

PERMITTING PROCESSES PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / PROJECT APPROVAL 20
AB 893: Housing development projects:
objective standards: campus development
zone
Ministerial review for eligible mixed-income
housing development projects located in
campus development zones
Easements for public right-of-way, public or
private utilities, or other public improvements
shall not make an otherwise eligible
property ineligible for ministerial review for
either affordable or mixed-income housing
developments.

Affordability
Site suitability
SB 79: Housing development: transit-oriented
development
Housing development projects within a
specified distance of several tiers of TOD
stops are an allowed use on any site zoned
for residential, mixed, or commercial
development, if the development complies
with applicable requirements.

Affordability
Minimum density
Must be in or near a TOD zone
Height limits dependent on the project’s proximity to
specified tiers of TOD stops
Cannot be located on sites where the development
would require demolition of housing or sites previously used for housing subject to rent or price controls,
including housing for lower-income households that
has been occupied by tenants within the past 7 years
Must be consistent with specified height, noise, safety, and fire standards
AB 253: California Residential Private
Permitting Review Act: residential building
permits
Requires local jurisdictions to provide an
estimated time frame in which the agency will
determine if a completed residential building
permit application is compliant with permit
standards
Authorizes applicants to retain private
professional providers to perform the plan
check if the estimated time frame exceeds
30 business days or the agency has not
determined the completed application is
compliant within 30 days
The local jurisdiction must consider a report
of this plan check within 10 business days and
either issue the residential building permit
or notify the applicant that the plans and
specifications do not comply.

BILL NAME

IMPACT ON PROJECT APPROVAL OR

PERMITTING PROCESSES PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / PROJECT APPROVAL 21
AB 1308: Residential building permits:
inspections: Housing Accountability Act
Requires the building department to conduct
an inspection of the permitted work for
specified new residential construction and
residential additions to an existing building
within 10 business days of receiving a notice
of the completion of work authorized by a
building permit
Makes failure of a building department to
inspect permitted work for those projects
within that time limit a violation of the HAA
The HAA prohibits a local jurisdiction from
disapproving, or conditioning approval in a
manner that renders infeasible, a housing
development project for very low-, low-,
or moderate-income households. This bill
expands the definition of “disapprove the
housing development project” to include any
instance in which a building department fails
to inspect permitted work within the above
timeline.

SB 131: FY 2025–26 State Budget
Trailer bill; includes AB 607 and AB 609
Exempts all urban housing and certain types
of infill development from lengthy CEQA
reviews

BILL NAME

IMPACT ON PROJECT APPROVAL OR

PERMITTING PROCESSES PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / AFFORDABILITY 22
Affordability
The statewide housing crisis reflects both the limited supply and high cost of available housing units. To encourage developers to include more affordable housing units in their projects, lawmakers passed statewide legislation that either removes local barriers to building fully affordable housing on certain sites or provides incentives to make it financially feasible to include some affordable housing units in a market-rate project (Exhibit 4). Establishing specific affordability benchmarks has been a process of trial and error; thresholds vary from bill to bill, and several “cleanup” bills have been passed to adjust affordability targets and the types of incentives available to developers for projects that include affordable units.

Affordable Housing Projects
“Affordable housing” is an umbrella term that encompasses several types of projects intended to serve different socioeconomic groups earning below the median household income in their region or metropolitan area. The area median income (AMI) for each jurisdiction is updated annually by the California Department of Housing and Community Development, and affordable housing units are subject to cost restrictions based on the AMI for a household of the appropriate size for those units.9 Crafting policies that support the specific types of affordable housing projects that communities need can be difficult. State housing laws focus on two broad categories of affordable housing projects: fully affordable housing projects, for which 100% of units are subsidized to some degree, and mixed-income projects that include both subsidized and market-rate units. Both categories include rental and for-sale housing development projects.

Affordability of rental units is guaranteed by limiting the maximum monthly rent that projects can charge for certain units for a set period, as outlined in a deed restriction.10 Most state housing laws require deed restrictions of at least 55 years. Affordable rents must include a reasonable utility allowance. Some affordable housing projects may also provide additional supportive services targeted to particular subgroups within income brackets (such as seniors, emancipated foster youth, or formerly incarcerated individuals). These supportive housing projects may be subject to different housing cost restrictions imposed by public financing programs that fund them, including the Low-Income Housing Tax Credit and the Housing Choice Voucher programs.

For-sale units must be sold to the initial buyer at an affordable housing cost, which includes related costs such as mortgage loan payments, mortgage insurance payments, property taxes and 9 “Appropriate size” is defined as one person for a studio unit, two people for a one-bedroom unit, three people for a two-bedroom unit, four people for a three-bedroom unit, and so on.
10 California Health and Safety Code § 50050–50106, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=50053.

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CALIFORNIA HOUSING LAWS / AFFORDABILITY 23
assessments, homeowner association fees, reasonable utilities allowance, insurance premiums, and maintenance costs.11 While these restrictions apply only to the first-time buyer of an affordable unit, state and local laws may impose penalties for reselling a unit before certain conditions are met (such as a set number of years or a level of equity). Current state housing laws provide incentives for affordable units that target moderate-income households only in projects with a for-sale component.

Both fully affordable and mixed-income projects may include units that target different income groups within the same project. Layering different levels of affordability can be advantageous, allowing higher rents to offset the revenue “lost” by affordable units and support operations and maintenance costs. The state defines five income cohorts that may be served by affordable housing projects, each with its own cost restrictions (Exhibit 3).

EXHIBIT 3
Income Cohorts and Affordable
Housing Costs
Costs to the occupants of affordable units may not exceed the following limits for the term of the deed restriction.

Source: SPUR.

INCOME COHORTS HOUSEHOLD INCOME
Housing Cost Restrictions
RENTAL UNITS* FOR-SALE UNITS
Acutely low income 0% to 15% AMI 30% of 15% AMI N/A
Extremely low income 15% to 30% AMI 30% of 30% AMI 30% of 30% AMI Very low income 30% to 50% AMI 30% of 50% AMI 30% of 50% AMI Lower income** 50% to 80% AMI 30% of 60% AMI 30% of 70% AMI Moderate income 80% to 120% AMI 30% of 110% AMI 35% of 110% AMI * In 100% affordable housing developments, the rent for at least 20% of the units must meet these rent standards, and the remaining units may instead meet rent standards for the Low-Income Housing Tax Credit. ** “Lower income” is sometimes used to mean 0% to 80% AMI.

Many jurisdictions have local inclusionary housing ordinances that require new housing development projects to include a certain number of affordable units or to pay an in-lieu fee to support the development of affordable housing elsewhere. Affordable units included in a project to leverage state housing laws are also counted toward equivalent inclusionary requirements. Local inclusionary requirements may be more stringent than those in state housing laws, mandating a higher percentage of affordable units or setting a lower income threshold. In most cases, the developer must meet whichever standard is strictest to be eligible for the benefits provided by various state housing laws.
11 California Health and Safety Code § 50052.5, https://law.justia.com/codes/california/code-hsc/division-31/part-1/chapter-2/section-50052-5/.

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CALIFORNIA HOUSING LAWS / AFFORDABILITY 24
Affordable Housing Construction
California legislators have passed state housing laws to create programs and pathways that allow eligible, fully affordable and mixed-income housing projects to bypass certain local restrictions in exchange for building affordable units. A given project may be able to leverage multiple state laws to make it easier or more cost-effective to build new housing. Multiple state laws have aimed to expand the number of sites where affordable housing can be built, reduce bureaucratic delays in housing project approvals, overcome local opposition to new housing development, and lower project costs associated with local requirements. Typical measures include:

Allowing affordable housing to be built “by-right” on certain sites, meaning that local jurisdictions cannot impose additional restrictions on eligible affordable housing projects built on these sites.

Expediting and streamlining approval processes for eligible projects (“ministerial approval”).

For more information, see “Project Approval” on page 10.

Offering “density bonuses” that allow eligible projects to build more units, taller buildings, or both on a site. For more information, see “Density” on page 31.

Allowing eligible projects to request “concessions” to avoid meeting certain local requirements that increase project costs. These concessions may include waivers of objective design standards, zoning requirements, or architectural design requirements, such as height limits, setback requirements, parking requirements, floor area ratios, and open space requirements.

General Project and Site Requirements
Specific site requirements vary from law to law. In general, projects must be located on sites that meet basic suitability requirements. For our purposes, basic suitability means that a site is not:

Zoned for industrial use
Located within the coastal zone, prime farmland, wetlands, high fire hazard severity zones, delineated earthquake fault zones, flood plains or floodways, community conservation plan areas, habitats for protected species, conservation easements, or hazardous waste sites Particularly close to freeways or facilities that actively extract or refine oil or natural gas Unless exceptions are noted in the applicable state law, projects must comply with all local requirements that apply to the project and site, as detailed in the jurisdiction’s objective, written standards related to zoning, subdivision, architecture and design, and so on, published at the time the developer submits the project application.

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CALIFORNIA HOUSING LAWS / AFFORDABILITY 25
Labor Standards
Many state laws that offer incentives for affordable housing also have specific compensation requirements for construction labor. Provisions vary across laws and programs but may require construction contractors and subcontractors to pay prevailing wages and appropriate healthcare costs, participate in a state-approved apprenticeship program, employ a workforce with specific skills and training, or meet reporting requirements to confirm compliance. For more detailed information, see the State Housing Law Database or “Labor Standards for Construction Workers” on page 44.

EXHIBIT 4
State Housing Laws That Incentivize Affordable
Housing Development, 2017–2025

BILL NAME AFFORDABILITY REQUIREMENTS BENEFIT OR INCENTIVE

OTHER NOTABLE RESTRICTIONS/

REQUIREMENTS
SB 35: Planning and zoning:
affordable housing: streamlined
approval process
Replaced by SB 423
SB 423: Land use: streamlined housing approvals: multifamily housing development Replaces SB 35
For-Rent Projects
At least 10% of the total units, before
calculating any density bonus, must be
affordable to households making at or
below 50% AMI.

For-Sale Projects
At least 10% of the total units, before
calculating any density bonus, must be
affordable to households making at or
below 80% AMI.

Bay Area Projects
May instead dedicate 20% of the total
units, before calculating any density
bonus, to households making below
100% AMI, with the average income of
the units at or below 80% AMI
Local inclusionary requirements that
are stricter always apply instead.

The rent or sale price charged for units
that are dedicated to households earning between 80% and 100% AMI must not exceed 30% of the gross income of
the household.

Units must be subject to a recorded
deed restriction of 55 years for rental
units and 45 years for owner-occupied
units.

Projects with 10 units must comply with
local inclusionary requirements.

Projects with 2 to 9 units have no
affordability requirements.

Ministerial approval
CEQA exemptions
Basic site suitability
Labor standards
Projects may not demolish rental
or price-controlled units or historic
structures on a national, state, or
local register.

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CALIFORNIA HOUSING LAWS / AFFORDABILITY 26
AB 3122: Streamlined housing
approvals: objective planning
standards and subdivision
applications
Amends SB 423
Introduces a new category for eligible
projects in jurisdictions that have not
issued enough building permits for
housing affordable to very low-income
or low-income households, as mandated
by RHNA
Projects must dedicate at least 50% of
the total number of units, before calculating any density bonus, to households making at or below 80% AMI.

For applications submitted before
1/1/2019 seeking approval or modifications to a prior approval: Projects with at least 500 units must dedicate at least
20% of the total number of units, before
calculating any density bonus, to affordable units, with at least 9% affordable to households making at or below 50% AMI
and the remainder affordable to households making at or below 80% AMI.

Expedited planning review time
frame in addition to ministerial
approval
Expands eligibility for CEQA
exemptions
AB 2162: Planning and zoning:
housing development: supportive
housing
All units (except manager units) are
restricted to lower-income households
for at least 55 years.

At least 25% of units (or 12 units,
whichever is greater) must be reserved
for the target population for supportive
housing.

Projects with fewer than 12 units
must reserve all units for the target
population.

By-right development for multifamily and mixed-use development is allowed.

Ministerial approval
Projects located within a half
mile of a public transit stop are
exempt from minimum parking
requirements for the supportive
housing units.

Must reserve a requisite amount of
nonresidential floor area for onsite
supportive services and administrative office space
Must provide a plan for providing
supportive services onsite
SB 330: Housing Crisis Act of
2019
At least 49% of the units must be
affordable to very low- or low-income
households.

Rents for these units shall be affordable, as defined by the Department of Housing and Community Development,
for at least 30 years.

Expedited ministerial approval

BILL NAME AFFORDABILITY REQUIREMENTS BENEFIT OR INCENTIVE

OTHER NOTABLE RESTRICTIONS/

REQUIREMENTS

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CALIFORNIA HOUSING LAWS / AFFORDABILITY 27
AB 2011: Affordable Housing and
High Road Jobs Act of 2022
All units (except manager units) are
restricted to lower-income households
for 55 years for rental units and 45
years for owner-occupied units.

Rental projects must restrict either:
• 8% of the units for very low-income
households and 5% of the units for
extremely low-income households
OR
• 15% percent of the units for lowerincome households
Ownership projects must restrict either:
• 30% of the units for moderate-income
households
OR
• 15% of the units for lower-income
households
Highest inclusionary requirement (local
ordinance or AB 2011) applies.

For projects with a local inclusionary
requirement greater than 15%, rental
projects must restrict 8% of the units
for very low-income households and 5%
for extremely low-income households.

Ministerial approval Must be located on a legal parcel in a zoning district where office, retail, or
parking is permitted
Mixed-income projects must be
located in a commercial corridor and
may not demolish rental housing
(occupied by tenants within the last
10 years), price-controlled housing,
or historic sites.

Labor standards
AB 2243: Housing development projects: objective
standards: affordability and
site criteria
Amends AB 2011
Affordability thresholds under AB 2011
apply only to base units of the project
and exclude units added by a density
bonus.

AB 2234: Planning and zoning:
housing: post–entitlement phase
permits
Affordable units must be subject to a
recorded deed restriction of 55 years
for rental units and 45 years for owneroccupied units. Alternatively, the first purchaser of each unit must participate
in an equity-sharing agreement.

Permitting reform
AB 1287: Density Bonus Law:
maximum allowable residential
density: additional density bonus
and incentives or concessions
The housing development must
conform to specified requirements and:

Provide 24% of the total units to lowerincome households OR
Provide 15% of the total units to very
low-income households
OR
Provide 44% of the total units to
moderate-income households
Density bonus Sites cannot include occupied rental
units or units that were vacated or
demolished within 5 years of the
application if those units were reserved or occupied by lower-income households, unless the proposed
project replaces those units.

BILL NAME AFFORDABILITY REQUIREMENTS BENEFIT OR INCENTIVE

OTHER NOTABLE RESTRICTIONS/

REQUIREMENTS

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CALIFORNIA HOUSING LAWS / AFFORDABILITY 28
SB 4: Planning and zoning:
housing development: higher education institutions and religious institutions
All units must be restricted for households making 80% AMI, except that up to 20% of the total units may be
restricted for households making 120%
AMI and up to 5% of the units may be
for staff of the higher education or
religious institution that owns the land.

Units must be subject to a recorded
deed restriction of 55 years for
rental units and 45 years for owneroccupied units.

Ministerial approval
Minimum density or height
requirements
Project must be on land owned by
an independent institution of higher
education or religious institution on
or before 1/1/2024.

Labor standards
SB 684: Land use: streamlined
approval processes: development
projects of 10 or fewer residential
units on urban lots under 5 acres
The project must result in at least as
many low- or very low-income units as
projected in the housing element for
that parcel.

These units must be subject to a
recorded affordability restriction of at
least 45 years.

Ministerial approval
AB 893: Housing development
projects: objective standards:
campus development zone
Rental projects must include either:
5% of the base units for extremely
low-income households, faculty and
staff, or students experiencing homelessness and 8% of the base units for very low-income households, faculty
and staff, or students experiencing
homelessness
OR
15% of the base units for lower-income
households, students, faculty, or staff
Owner-occupied projects must include
either:
30% of the base units for moderateincome households
OR
15% of the base units for lower-income
households, students, faculty, or staff
If there is a local affordable housing
requirement, the project must include
the required percentage of affordable
units, following either this section or the
local requirement, whichever is higher.

Additionally, 15% of units affordable
to lower-income households will be
deducted from the local requirement at
the highest affordability level.

Ministerial approval
Density bonus
Exemptions to local setback and
parking requirements for certain
projects
Site must be within a campus development zone or commercial corridor (A campus development zone is
the set of parcels that are contained
either wholly or partially within a
half-mile radius of a main campus
of the University of California, the
California State University, or the
California Community Colleges.)
Must provide relocation assistance to
eligible commercial tenants
Affordable units must have the same
bedroom and bathroom count ratio
as the market-rate units, be equitably distributed within the project, and have the same type or quality of
appliances, fixtures, and finishes.

BILL NAME AFFORDABILITY REQUIREMENTS BENEFIT OR INCENTIVE

OTHER NOTABLE RESTRICTIONS/

REQUIREMENTS

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CALIFORNIA HOUSING LAWS / AFFORDABILITY 29
AB 1893: Housing Accountability Act: housing disapprovals:
required local findings
Onsite affordability requirements for
builder’s remedy projects:
13% of units must be designated for
lower-income households
OR
10% of units must be designated for
very low-income households
OR
7% of units must be designated for
extremely low-income households
The local affordable housing requirement for rental projects is capped at a maximum of 20% of the total units,
and if 20% is required, the income level
cannot be lower than the lower-income
category.

Ownership projects must include 100%
of units affordable to moderate-income
households (120% AMI).

There is no affordability requirement for
builder’s remedy projects with fewer
than 10 units (excluding any density
bonus units).

All affordable units are restricted for 55
years for rental units and for 45 years
for owner-occupied units.

A local government may not
disapprove a builder’s remedy
project if the local government’s
housing element was not compliant with state law when the project application was deemed
complete.

Affordable units must have a bedroom and bathroom count comparable to that of the market-rate units.

SB 79: Housing development:
transit-oriented development
Eligible projects with more than 10 units
must include housing for lower-income
households by complying with one of
the following requirements:
• At least 7% of the total units are
dedicated to extremely low-income
households
OR
• At least 10% of the total units are dedicated to very low-income households OR
• At least 13% of the total units are dedicated to lower-income households All units dedicated to extremely
low-income, very low-income, and
low-income households must have
an affordable housing cost and must
remain affordable for a period of at
least 55 years for rental housing and 45
years for ownership units.

If a local inclusionary housing requirement mandates a higher percentage of affordable units or a deeper level
of affordability, the local requirement
applies instead.

Makes TOD housing development
an allowable use on a site zoned
for residential, mixed, or commercial development
Minimum density
Must be in or near a TOD zone
Cannot be located on sites that
would require demolition of housing
or that were previously used for
rent- or price-controlled housing,
including housing for lower-income
households occupied by tenants
within the past 7 years
Must be consistent with specified height, noise, safety, and fire standards
Local jurisdictions may adopt an SB
79 ordinance, a TOD alternative plan
to modify certain SB 79 applicable
sites or development standards, or
both.

BILL NAME AFFORDABILITY REQUIREMENTS BENEFIT OR INCENTIVE

OTHER NOTABLE RESTRICTIONS/

REQUIREMENTS

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CALIFORNIA HOUSING LAWS / AFFORDABILITY 30
AB 1763: Planning and zoning:
density bonuses: affordable
housing
All units except manager units must be
dedicated to lower-income households.

Projects eligible for the State Density
Bonus Program (SDBP) may dedicate
up to 20% of the total units to
moderate-income households.

Density bonus
Developers may request exemption from local minimum vehicular parking requirements.

AB 1551: Planning and zoning:
development bonuses: mixed-use
projects
Commercial developers must partner
with a housing developer onsite or
offsite to provide at least 30% of the
total units for low-income households
or at least 15% of the total units for very
low-income households.

Development bonus (increase
in maximum allowable intensity,
increase in maximum allowable
FAR, increase in maximum
height requirements, reduction in
minimum parking requirements,
limited-use elevator for upperfloor accessibility, or an exception to a zoning ordinance or other
land use regulation)
Housing must be constructed on the
site of the commercial development
or on a site within the boundaries of
the local government, close to public
amenities, including schools and
employment centers, and within a
half mile of a major transit stop.

AB 2334: Density Bonus Law:
affordability: incentives or
concessions in very low-vehicletravel areas: parking standards:
definitions
Adjusts requirements for affordable
rents that SDBP projects may charge
Qualifying 100% affordable
housing projects receive
additional density, height,
concession, and parking benefits.

BILL NAME AFFORDABILITY REQUIREMENTS BENEFIT OR INCENTIVE

OTHER NOTABLE RESTRICTIONS/

REQUIREMENTS

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CALIFORNIA HOUSING LAWS / DENSITY 31
Density
The statewide housing crisis has been driven in part by local policies that almost exclusively prioritize the construction of single-family homes, often making it illegal to build dense multifamily housing, affordable housing, or both in many neighborhoods. In the Bay Area, 85% of residential land is zoned only for single-family residences, making it difficult to build enough housing for current and future residents.12 Recent state housing laws have aimed to mitigate this problem by strengthening programs that allow eligible projects to bypass local restrictions and build dense multifamily housing in more neighborhoods throughout California.

The State Density Bonus Program (SDBP) allows housing projects that include affordable units to exceed local height limits and density restrictions. Building more units can make including affordable ones financially feasible in mixed-income projects, and building more units per site allows fully affordable projects to house more community members. SDBP was established by legislators in 1979 and refined by subsequent state laws to streamline the application process.13 Since 2019, new state housing laws have expanded the program to provide additional incentives to include more affordable units at deeper levels of affordability. Eligible projects can “stack” density bonuses, receiving an initial increase for including a certain number of affordable units and additional height/density allowances for dedicating more units to households in different affordability cohorts (Exhibit 5). For more detailed information about density bonuses and stacking, see the State Housing Law Database.

Zoned for industrial use
Located within the coastal zone, prime farmland, wetlands, high fire hazard severity zones, delineated earthquake fault zones, flood plains or floodways, community conservation plan areas, habitats for protected species, conservation easements, or hazardous waste sites Particularly close to freeways or facilities that actively extract or refine oil or natural gas 12 Stephen Menendian, Shahan Shahid Nawaz, and Samir Gambhir, Single-Family Zoning in California: A Statewide Analysis (A California Zoning Atlas), UC Berkeley Institute of Othering and Belonging, May 22, 2024, https://belonging.berkeley.edu/single-family-zoning-california-statewide-analysis. 13 7 California Government Code § 65915–65918, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65915&lawCode=GOV.

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CALIFORNIA HOUSING LAWS / DENSITY 32
Unless exceptions are noted in the applicable state law, projects must comply with all local requirements that apply to the project and site, as detailed in the jurisdiction’s objective, written standards related to zoning, subdivision, architecture and design, and so on, published at the time the developer submits the project application.

Labor Standards
Many state laws that offer density bonuses or related incentives also have specific compensation requirements for construction labor. Provisions vary across laws and programs but may require construction contractors and subcontractors to pay prevailing wages and appropriate healthcare costs, participate in a state-approved apprenticeship program, employ a workforce with specific skills and training, or meet reporting requirements to confirm compliance. For more detailed information, see the State Housing Law Database or “Labor Standards for Construction Workers” on page 44.

State Laws with Additional Impacts or Special Requirements The same project may leverage multiple state laws to expedite development through ministerial approval programs or concessions that waive certain local requirements, thereby reducing project costs. For more information about ministerial approval and affordability requirements, see “Project Approval” on page 10 and “Affordability” on page 22.

EXHIBIT 5
State Housing Laws That Impact Density
and Height Limits, 2017–2025
SB 166: Residential density and affordability If a local jurisdiction reduces residential density for any parcel that would make the
remaining sites identified in the housing
element insufficient to meet its share of
the regional housing need for lower- and
moderate-income households, it must identify
sufficient available sites with an equal or
greater residential density in the jurisdiction
within 180 days to avoid a net loss of
residential capacity.

SB 35: Planning and zoning: affordable housing: streamlined approval processReplaced by SB 423 AB 3122: Streamlined housing approvals:
objective planning standards and subdivision applications Amends SB 423
Adds other project categories and amends affordability
requirements

BILL NAME DENSITY BONUS PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / DENSITY 33
AB 2345: Planning and zoning: density
bonuses: annual report: affordable housing
Amends SDBP
Increases the maximum density bonus from
35% to 50%
See AB 1287.

AB 2334: Density Bonus Law: affordability: incentives or concessions in very low vehicle travel areas: parking standards:
definitions
Amends SDBP and AB 2345
If the SDBP project is within a very lowvehicle-travel area in designated counties (including Alameda, Santa Clara, and San
Francisco), it is eligible for height increases, and
no maximum density standards apply.

AB 1287: Density Bonus Law: maximum
allowable residential density: additional
density bonus and incentives or concessions
Amends SDBP and AB 2345
Density bonuses between 20% and 50% are
available.

Allows density bonus stacking
Eligible projects can request up to 5 concessions from the local government.

Affordability
Sites cannot include occupied rental units or units
that were vacated or demolished within 5 years of the
application if those units were reserved or occupied by lower-income households, unless the proposed project
replaces those units.

SB 4: Planning and zoning: housing development: higher education institutions and religious institutions
In zones that do not allow for residential uses:

Minimum density is 40 units per acre.

Minimum height is 1 story above the zoned
height.

Eligible projects may also apply for density
incentives under the SDBP but cannot use it to
increase the height limit allowed by SB 4.

In zones that allow for residential uses (including single-family zones):

Minimum density is 30 units per acre. If the
zoning allows for a higher density on the site
or an adjacent site, the highest density applies.

Minimum height is 1 story above the zoned
height. If the zoning allows for a higher height
on an adjacent site, the higher height applies.

Project must be on land owned by an independent
institution of higher education or religious institution on or before 1/1/2024.

Affordability
Labor standards

BILL NAME DENSITY BONUS PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / DENSITY 34
SB 684: Land use: streamlined approval processes: development projects of 10 or fewer residential units on urban lots under 5 acres
Amended by SB 1123
The proposed subdivision must result in 10 or fewer
parcels.

Must be located on a lot zoned for multifamily
residential development that is no larger than 5 acres
and that is substantially surrounded by qualified urban uses
SB 1123: Planning and zoning: subdivisions:
ministerial review
Amends SB 684
The project must result in at least 66% of the
maximum allowable residential density or 66%
of the applicable residential density, whichever
is greater.

AB 893: Housing development projects: objective standards: campus development zoneSets minimum density based on the size of the project site
Eligible projects may apply for incentives and
concessions under the SDBP, but they cannot
use it to reduce local ground-floor retail
requirements.

Site must be within a campus development zone or
commercial corridor (A campus development zone is
the set of parcels contained wholly or partially within a half-mile radius of a main campus of the University
of California, the California State University, or the
California Community Colleges.)
Affordability
Must provide relocation assistance to eligible commercial tenants SB 79: Housing development: transit-oriented
development
Projects must include at least 5 units and
meet requirements concerning height limits in
accordance with a development’s proximity to
specified tiers of TOD stops.

Sets a minimum density requirement of at
least 30 units per acre or the minimum density
required under local zoning, whichever is
greater
Provides additional concessions for projects
using the SDBP, depending on the level of
affordability included
The average total FAR for the proposed units in the
project shall not exceed 1,750 net habitable square
feet.

Affordability
Must be in or near a TOD zone
Development cannot occur on sites that would require
the demolition of existing housing or on sites used for rent- or price-controlled housing, including housing
for lower-income households, within the past 7 years.

AB 130: Housing By-right housing development projects are entitled to a height of 1 story, or 11 feet, above
the maximum height otherwise applicable to
the parcel.

Basic site suitability
Labor standards for projects more than 85 feet tall
CEQA exemption
AB 1763: Planning and zoning: density
bonuses: affordable housing
Density bonus for 100% affordable projects
Projects eligible for the SDBP may dedicate up
to 20% of the total units to moderate-income
households.

Affordability
The State Housing Law Database includes a more detailed breakdown of specific bonus amounts and stacking triggers.

BILL NAME DENSITY BONUS PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / OBJECTIVE DESIGN STANDARDS AND LOCAL REQUIREMENTS 35 Objective Design Standards and
Local Requirements
California housing law authorizes local jurisdictions to establish policies that shape the architectural form and character of the built environment, protect local resources, serve the public interest, and shape overall community development. Local government agencies primarily exercise this power through design guidelines, building and planning code requirements, and discretionary review processes.

Opponents of new and affordable housing development have sometimes misused these processes to block or delay projects, grinding housing production to a halt. Adding to this uncertainty for developers, many local governments have adopted loosely defined design standards that have been applied inconsistently across projects within the same jurisdictions or that have imposed design requirements that make certain housing projects financially infeasible.

Unpredictable opposition, delays, and cost increases may dissuade developers from even proposing projects.

To address the urgent need to build more housing, faster, recent state laws have required local jurisdictions to be more transparent about their design guidelines and to remove subjective aspects of discretionary review processes. To comply with state law, local standards must be based on objective criteria, and applicants must be allowed to review the written standards and criteria before submitting their applications. Additionally, some state laws establish minimum or maximum standards for certain local requirements (parking, setback, floor area ratio) or create exemptions from local requirements for eligible projects.

General Project and Site Requirements
Specific site requirements vary from law to law. In general, projects must be located on sites that meet basic suitability requirements. In this guide, basic suitability means that a site is not:

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CALIFORNIA HOUSING LAWS / OBJECTIVE DESIGN STANDARDS AND LOCAL REQUIREMENTS 36 requirements that apply to the project and site, as detailed in the jurisdiction’s objective, written standards related to zoning, subdivision, architecture, and design published at the time the developer submits the project application.

Labor Standards
Some state laws that impact local requirements and design standards also have specific compensation requirements for construction labor. Provisions vary across laws and programs but may require construction contractors and subcontractors to pay prevailing wages and appropriate healthcare costs, participate in a state-approved apprenticeship program, employ a workforce with specific skills and training, or meet reporting requirements to confirm compliance. For more detailed information, see the State Housing Law Database and “Labor Standards for Construction Workers” on page 44.

State Laws with Additional Impacts or Special Requirements To be eligible for some exemptions or alterations to local requirements, housing projects must advance other state housing goals, such as providing affordable housing or building dense multifamily housing near transit stops or other neighborhood resources (Exhibit 6). For more information about project approval, affordability requirements, and density incentives, see “Project Approval” on page 10, “Affordability” on page 22, and “Density” on page 31.

EXHIBIT 6
State Housing Laws That Impact Local Requirements
and Design Standards, 2017–2025
AB 3122: Streamlined housing approvals:
objective planning standards and subdivision
applications
Amends SB 423
Local governments may apply objective planning
standards adopted after a project applicant
requested modifications if the revisions would
(1) increase or decrease the total number of
residential units by 15% or more or (2) increase
or decrease the total number of residential units
by 5% or more and impose an objective standard
necessary to mitigate or avoid a specific, adverse
impact on public health or safety.

Eligible for ministerial approval
Basic site suitability
Affordability
Labor standards
Projects may not demolish rental or pricecontrolled units or historic structures on a national, state, or local register.

AB 2162: Planning and zoning: housing
development: supportive housing
For projects located within a half mile of a
public transit stop, no local minimum parking
requirements apply to units occupied by
supportive housing residents.

Affordability and supportive services
Must provide the local government with a plan for
providing supportive services onsite

BILL NAME

IMPACT ON LOCAL STANDARDS,

REQUIREMENTS, OR FEES PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / OBJECTIVE DESIGN STANDARDS AND LOCAL REQUIREMENTS 37 SB 8: Housing Crisis Act of 2019 An affordable housing project can be subject to ordinances, policies, and standards adopted after
the preliminary application was submitted if the
project has not commenced construction within

3.5 years.

SB 13/AB 68/AB 881: Accessory dwelling units Limits local jurisdictions’ ability to impose impact fees and requirements on ADUs with regard to
setbacks, parking/parking replacement, minimum
unit size, lot coverage, minimum lot size, and
owner-occupant requirements
Allows amnesty units
AB 2221: Accessory dwelling units
Amends SB 13
Prohibits local jurisdictions from establishing
limits on front setbacks that do not permit the
construction of at least an 800-square-foot ADU
that is at least 16 feet in height
SB 897: Accessory dwelling units: junior
accessory dwelling units
Amends SB 13
Requires that standards imposed on ADUs
(parking, height, setback, landscape, architectural
review, maximum unit size, etc.) be objective
Increases the maximum height limitation that
may be imposed on an ADU to 18 feet if the unit
is within a half-mile walking distance of a major
transit stop or a high-quality transit corridor or
if the ADU is detached and on a lot that has an
existing multifamily, multistory dwelling
The maximum height limitation is 25 feet if the
ADU is attached to a primary dwelling.

Prohibits local jurisdictions from:
• Denying an application for a permit to create
an ADU or JADU due to the correction of
nonconforming zoning conditions, building code
violations, or unpermitted structures that do not
present a threat to public health and safety and
that are not affected by the construction of the
unit
• Requiring applicants to provide written notice or
post a placard for the demolition of a detached
garage that is to be replaced by an ADU
• Imposing any parking standards on an ADU that
is included in an application to create a new
single-family dwelling unit or a new multifamily
dwelling on the same lot
• Imposing any impact fee on ADUs less than 750
square feet
• Requiring ADUs to provide fire sprinklers if they
are not required for the primary residence

BILL NAME

IMPACT ON LOCAL STANDARDS,

REQUIREMENTS, OR FEES PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / OBJECTIVE DESIGN STANDARDS AND LOCAL REQUIREMENTS 38 AB 976: Accessory dwelling units: owneroccupancy requirements Amends SB 13
Prohibits local jurisdictions from imposing an
owner-occupancy requirement on any ADU
Authorizes a local agency to require an ADU be
used for rentals of 30 days or longer
SB 1211: Land use: accessory dwelling units:
ministerial approval
Amends SB 13
Prohibits local jurisdictions from:
• Requiring the replacement of off-street
parking spaces if an uncovered parking space is
demolished in conjunction with the construction of,
or is converted to, an ADU
• Imposing any objective development or design
standard that is not specifically authorized for any
ADU that meets the requirements for ministerial
approval
AB 1154: Junior accessory dwelling units
Amends SB 13
Under existing law, local ordinances for the
creation of JADUs must require owner occupancy
in the single-family residence in which the JADU is
permitted. This bill amends existing law by:
• Clarifying that the owner-occupancy requirement
only applies if the JADU has a shared bathroom
with the existing structure
• Requiring that JADU ordinances require rental
terms longer than 30 days
SB 543: Accessory dwelling units and junior
accessory dwelling units
Amends SB 13
Expands limits on construction, connection, and
impact fees and capacity charges imposed on
ADUs to also apply to construction, connection,
and impact fees and capacity charges imposed on
JADUs
Prohibits impact fees for the development of ADUs
with 750 or fewer square feet of interior livable
space and JADUs with 500 or fewer square feet of
interior livable space and requires that any impact
fee on ADUs with more than 750 square feet of
interior livable space be charged proportionately
in relation to the square footage of the primary
dwelling unit

BILL NAME

IMPACT ON LOCAL STANDARDS,

REQUIREMENTS, OR FEES PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / OBJECTIVE DESIGN STANDARDS AND LOCAL REQUIREMENTS 39 AB 1851: Religious institution–affiliated
housing development projects: parking
requirements
Limits allowable parking requirements
for religious institution–affiliated housing
development projects
Prohibits a local agency from:
• Requiring the replacement of religious-use
parking spaces that the developer proposes to
eliminate (The number of religious-use parking
spaces to be eliminated cannot exceed 50% of
the available spaces.)
• Requiring the curing of any preexisting deficit of
the number of religious-use parking spaces as a
condition of approval
• Denying the application solely because the
project will reduce the total number of religioususe parking spaces if the total reduction does not exceed 50% of existing parking spaces
Requires local jurisdictions to allow the number of
religious-use parking spaces that will be available
after the project is complete to count toward the
number of parking spaces otherwise required for
approval
Authorizes local jurisdictions to require up to 1
parking space per unit for a religious institution–
affiliated housing development project, unless it
is within a half mile of public transit or a nearby
car share
SB 9 (2021): Housing development: approvals Establishes what a local agency can and cannot require in approving projects containing no more
than 2 residential units, an urban lot split, or
both, including limiting local setback, FAR, and
occupancy requirements
SB 450: Housing development: approvals
Amends SB 9
Prohibits local jurisdictions from:
• Imposing objective zoning standards, objective
subdivision standards, and objective design
standards that do not apply uniformly to
development within the underlying zone, unless
these standards are more permissive
• Denying a proposed housing development if the
building official makes a written finding that the
proposed project would have a specific, adverse
impact on the physical environment
AB 1061: Housing developments: urban lot
splits: historical resources
Amends SB 9
Authorizes local jurisdictions to adopt objective
standards to maintain the historical value of a
historic district listed in the California Register of
Historical Resources

BILL NAME

IMPACT ON LOCAL STANDARDS,

REQUIREMENTS, OR FEES PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / OBJECTIVE DESIGN STANDARDS AND LOCAL REQUIREMENTS 40 AB 2923: San Francisco Bay Area Rapid
Transit District (BART): transit-oriented
development
Requires BART’s board of directors to adopt
new TOD zoning standards for each station
with minimum local zoning requirements for
height, density, parking, and FAR for eligible TOD
projects
Requires affected jurisdictions to adopt local
zoning ordinances that conform to the TOD
zoning standards by July 2022
BART-owned parcels that are at least 75% within a
half mile of any existing or planned BART station
entrance within the BART district
SB 478: Planning and Zoning Law: housing
development projects
Prohibits local jurisdictions from imposing a FAR
standard that is less than 1.0 on a project that
consists of 3 to 7 units, or less than 1.25 on a
project that consists of 8 to 10 units
Prohibits the imposition of lot coverage
requirements that would physically preclude a
housing project from achieving these FARs
Local jurisdictions cannot deny a housing
development project located on an existing
legal parcel solely because the lot area of the
proposed lot does not meet local requirements
for minimum lot size.

AB 2097: Residential, commercial, or other
development types: parking requirements
Prohibits public agencies from imposing any
minimum automobile parking requirement on
residential, commercial, or other development
projects located within a half mile of public transit
These projects must still meet any local
requirements to provide electric vehicle supply
equipment, installed parking spaces, or parking
spaces that are accessible to persons with
disabilities.

Otherwise, public agencies may impose
or enforce minimum automobile parking
requirements on development projects if the
agency makes written findings, within 30 days
of receipt of a completed application, that
not imposing/enforcing minimum parking
requirements would have a substantially negative
impact on the public agency’s ability to meet
its share of specified housing needs or existing
residential or commercial parking within a half
mile of the project.

This requirement does not apply to housing
development projects that (1) dedicate a
minimum of 20% of the total number of housing
units to very low-, low-, or moderate-income
households, students, the elderly, or persons with
disabilities; (2) contain fewer than 20 housing
units; (3) are subject to parking reductions based
on any other applicable law; or (4) are hotels,
motels, or transient lodging.

BILL NAME

IMPACT ON LOCAL STANDARDS,

REQUIREMENTS, OR FEES PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / OBJECTIVE DESIGN STANDARDS AND LOCAL REQUIREMENTS 41 AB 1287: Density Bonus Law: maximum
allowable residential density: additional
density bonus and incentives or concessions
Concessions requested under the SDBP impact
local control, including waivers for height limits,
setback requirements, parking requirements, floor
area ratios, open space requirements, etc.

Affordability
Basic site suitability
SB 684: Land use: streamlined approval
processes: development projects of 10 or
fewer residential units on urban lots under 5
acres
Exempts these projects from certain requirements
relating to minimum parcel size and dimensions
and the formation of a homeowners’ association
Prohibits local jurisdictions from imposing
certain standards, including those that physically
preclude the development of a project built to
specified densities; imposing a requirement that
applies to a project solely or partially on the basis
that the subdivision or housing development
receives approval pursuant to this bill’s provisions;
or imposing certain requirements related to
parking, setbacks, or FARs
The proposed subdivision must result in 10 or fewer
parcels.

It must be located on a lot zoned for multifamily
residential development that is no larger than
5 acres and that is substantially surrounded by
qualified urban uses.

SB 1123: Planning and zoning: subdivisions:
ministerial review
Amends SB 684
Eligible projects are not required to comply with
a minimum requirement on the frontage of an
individual parcel created by the development.

If located on a vacant lot zoned for single-family
residential development, that lot can be no larger
than 1.5 acres.

AB 894: Parking requirements: shared parking Requires local jurisdictions to allow entities with underutilized parking to share it with the public,
local agencies, or other entities, if they submit
a shared parking agreement identifying the
benefits of the proposed agreement.

Local jurisdictions must allow parking spaces
identified in these agreements to count toward
meeting automobile parking requirements for a
new or existing development or use.

Requires local jurisdictions to:
• Approve shared parking agreements that
include a parking analysis using peer-reviewed
methodologies developed by a professional
planning association.
• Decide whether to approve or deny the shared
parking agreement and determine how many
parking spaces can be reasonably shared
among uses to fulfill parking requirements if
the agreement does not include this parking
analysis.
• Notify all property owners within 300 feet of
the shared parking spaces of the proposed
agreement and hold a public meeting if the
jurisdiction receives a request to do so within 14
days of notifying property owners.

These notification and public meeting
requirements do not apply to local jurisdictions
that enact an ordinance that provides for shared
parking agreements.

BILL NAME

IMPACT ON LOCAL STANDARDS,

REQUIREMENTS, OR FEES PROJECT/SITE REQUIREMENTS

Page 501 ends

CALIFORNIA HOUSING LAWS / OBJECTIVE DESIGN STANDARDS AND LOCAL REQUIREMENTS 42 SB 937: Development projects: fees and
charges
Prohibits local jurisdictions from imposing
utility service fees related to water and sewer
connections on housing development projects
that include a requisite percentage of affordable
units and caps those fees at the connection costs
incurred by the utility provider
Extends this exemption for units in a residential
development that meets those conditions to
any housing developer (formerly only nonprofit
developers)
Payment of connection fees or charges is
deferred until the date of the final inspection or
the date the certificate of occupancy is issued,
whichever occurs first, except for utility service
fees or when the fees or charges are to reimburse
the local agency for expenditures.

Developers of projects that reserve at least 49%
of the total units for occupancy by lower-income
households may guarantee payment of certain
fees or charges by posting a performance bond
or a letter of credit from a federally insured,
recognized depository institution.

Affordability
AB 893: Housing development projects:
objective standards: campus development
zone
Limits or removes setback and parking
requirements for eligible projects
Creates minimum density standards for eligible
projects
The site must be within a campus development
zone or commercial corridor.

Affordability
Must provide relocation assistance to eligible
commercial tenants
SB 79: Housing development: transit-oriented
development
Limits local requirements on maximum density
and building height in accordance with a
development’s proximity to specified tiers of TOD
stops
The average total FAR for the proposed units in the
project shall not exceed 1,750 net habitable square
feet.

Affordability
Must be in or near a TOD zone
Cannot be located on sites that would require
demolition of housing or that were used for rentor price-controlled housing, including housing for lower-income households, within the past 7 years

BILL NAME

IMPACT ON LOCAL STANDARDS,

REQUIREMENTS, OR FEES PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS / OBJECTIVE DESIGN STANDARDS AND LOCAL REQUIREMENTS 43 SB 358: Mitigation Fee Act: mitigating
vehicular traffic impacts
Existing law requires that local vehicular traffic
impact mitigation fees imposed on a housing
development that meets prescribed mitigation
characteristics reflect a lower rate of automobile
trip generation, unless the local agency adopts
findings after a public hearing establishing that
the eligible project would not generate fewer
automobile trips. This bill requires that those
findings be supported by substantial evidence
in the record before or as part of the housing
development project approval process.

Eligible projects must provide no more than 1
onsite parking space for 0- to 2-bedroom units,
and 2 onsite parking spaces for 3-bedroom and
larger units. They must be located within a half
mile of 3 or more specified locations, including
a supermarket or grocery store, a pharmacy or
drugstore, or a restaurant.

AB 130: Housing From 10/1/2025 to 6/1/2031: Prohibits local jurisdictions from making changes to building
standards applicable to residential units unless
a certain condition is met, including that the
California Building Standards Commission deems
those modifications necessary as emergency
standards to protect health and safety
Prohibits local jurisdictions from adding fees
and other financial requirements to restrict the
construction, transfer, or use of an ADU or JADU
on a lot zoned for single-family residential use
Amends SB 13 to remove the authorization for a
local agency to impose objective standards on
certain ADU variations
Specific requirements for different laws and
programs, including surplus land and religious-use
developments
Density increase
Labor standards

BILL NAME

IMPACT ON LOCAL STANDARDS,

REQUIREMENTS, OR FEES PROJECT/SITE REQUIREMENTS

Page 503 ends

CALIFORNIA HOUSING LAWS 44
Other Policy Impacts
Recent state housing laws have included specific provisions on labor standards for construction workers, the interaction of state housing laws with local housing policies and processes, and transitoriented development.

Labor Standards for Construction Workers
State housing laws have included provisions to ensure fair compensation for construction workers and to help the construction industry attract and retain new workers so that labor shortages do not prevent new housing projects from moving forward. These provisions typically include requirements regarding prevailing wage standards, healthcare mandates, worker training or apprenticeship, and reporting. Exhibit 7 compares the labor standards included in recent state housing laws to highlight key differences. For more detailed information, see the State Housing Law Database.

EXHIBIT 7
State Housing Laws That Include Labor
Standards, 2017–2025
AB 2011: Affordable Housing and
High Road Jobs Act of 2022
All construction contractors and subcontractors must pay prevailing wages.

Projects with more than 50 units must make appropriate healthcare expenditures and participate in a state-approved apprenticeship program or request apprentices from such a program.

Employers are subject to reporting requirements to confirm that these provisions are met.

Ministerial approval
SB 6: Local planning: housing:
commercial zones
All construction contractors and subcontractors must pay prevailing wages. All construction work must be performed by a “skilled and trained” workforce, with few exceptions.

Ministerial approval
SB 4: Planning and zoning: housing
development: higher education
institutions and religious institutions
Any development that contains more than 10 units and is not a public work in its entirety must ensure that all construction workers employed in executing the development, including those employed by contractors and subcontractors, are paid at least prevailing wages.

Employers are subject to reporting requirements to confirm that these provisions are met.

Ministerial approval
Density bonus

BILL NAME LABOR STANDARDS PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS 45
SB 423: Land use: streamlined
housing approvals: multifamily
housing development
Replaces SB 35 and AB 1845
Any development that contains more than 10 units and is not a public work in its entirety must ensure that all contractors and subcontractors pay prevailing wages. Projects with 50 or more units must provide appropriate healthcare expenditures for all construction workers.

For developments taller than 85 feet, all contractors and subcontractors must ensure that apprenticeable-occupation work in the building and all construction trades are performed by a “skilled and trained” workforce, with some exceptions.

Ministerial approval
AB 130: Housing Projects eligible for CEQA exemptions under this law must pay prevailing wage rates, regardless of whether the housing development project is a public work.

Specified projects, including projects of at least 50 units in San Francisco, must comply with specified labor standards, extend the liability to a development proponent for any debt owed to a wage claimant under specified law, and authorize a joint labor-management cooperation committee to bring an action to enforce these requirements.

Density bonus
Interaction of State Housing Laws with
Local Housing Policies and Processes
One of the more controversial aspects of recent state housing laws is how these laws interact with — and sometimes bypass or override — local housing policies and processes. Local control is a longstanding principle of California’s housing laws, allowing communities to weigh in on proposed projects, protect local resources, influence the architectural form and character of the built environment, and shape overall community development. However, opponents of new and affordable housing development have sometimes misused local processes to block and delay projects, grinding housing production to a halt and dissuading developers from proposing projects that might result in unpredictable opposition, delays, and cost increases.

To address the urgent need to build more housing, faster, state legislators have curbed local control over certain housing projects. Building on existing laws that allow the state to approve housing project applications when local jurisdictions do not have an approved housing element (builder’s remedy) and that allow developers of affordable and mixed-income housing projects to build taller and denser buildings (the State Density Bonus Program), recent state housing laws have limited opportunities to block or delay new housing projects (Exhibit 8).

EXHIBIT 8
State Housing Laws That Limit Local
Control over Land Use, 2017–2025

BILL NAME IMPACTS ON LOCAL CONTROL OVER LAND USE
AB 831: Planning and zoning: housing:
development application modifications
Amends SB 35
Local government cannot use its discretion over any approval relating to a required public improvement in a manner that would inhibit, chill, or preclude eligible housing developments.

BILL NAME LABOR STANDARDS PROJECT/SITE REQUIREMENTS

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CALIFORNIA HOUSING LAWS 46
SB 330: Housing Crisis Act of 2019 Limits local jurisdictions from conducting more than 5 hearings for projects that comply with applicable objective standards
Limits local jurisdictions’ ability to disapprove eligible housing development projects or to condition approval on lower density
Includes enforcement mechanism (fines for certain wrongful disapprovals) SB 13: Accessory dwelling units Local jurisdictions must identify areas where ADUs can be built, considering the availability of water and sewer services, as well as potential effects on traffic flow and public safety.

Restricts excessive fees or parking requirements
AB 725: General plans: housing element:
moderate-income and above-moderateincome housing: suburban and metropolitan jurisdictions
At least 25% of a local jurisdiction’s share of the RHNA for moderate-income housing must be allocated to sites with zoning that allows at least 4 units but no more than 100 units per acre of housing.

At least 25% of a metropolitan jurisdiction’s share of the regional housing need for above-moderateincome housing must be allocated to sites with zoning that allows at least 4 units of housing.

SB 10: Planning and zoning: housing
development: density
Authorizes local governments to adopt an ordinance before January 2029 to zone any parcel for up to 10 units of residential density per parcel, at a height specified in the ordinance, if the parcel is located in a transit-rich area or an urban infill site
SB 4: Planning and zoning: housing
development: higher education institutions
and religious institutions
Creates exceptions to local zoning for eligible projects An SB 4 project may include ancillary uses that are limited to the ground floor of the development. In RH-1 districts, ancillary uses may include childcare facilities and community facilities. In all other zoning districts, ancillary uses may include any principally permitted uses within that zoning district.

AB 821: Planning and zoning: general plan:
zoning ordinance: conflicts
Requires local jurisdictions to amend zoning ordinances to be consistent with the general plan within 180 days of receipt of the application or to process the development application A proposed development will be considered to be consistent with any zoning ordinance or related standards if it aligns with the objective standards and criteria of the general plan, even if the zoning for the project site does not match the general plan. Additionally, the development is not required to undergo rezoning under this circumstance.

AB 1893: Housing Accountability Act: housing
disapprovals: required local findings
A local government may not disapprove a builder’s remedy project if the local government’s housing element was not in substantial compliance with the HAA on the date the project application was deemed complete.

SB 1210: New housing construction: electrical,
gas, sewer, and water service: service
connection information
By 1/1/2026: Local publicly owned utilities, including municipal utility districts, public utility districts, and irrigation districts, must post on their websites (1) the schedule of estimated fees for typical service connections for each type of new housing construction, including ADUs, mixed-use, multifamily, and single-family developments, and (2) the estimated time frames for completing typical service connections for each type.

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Transit-Oriented Development
Recent state housing laws have created incentives to encourage more housing development around transit stops and hubs. These laws offer tiers of incentives based on a project’s proximity to a transit stop, the level of service the stop receives, and other factors. Exhibit 9 compares the transit-oriented development tiers established by recent state housing laws to highlight key differences. For more detailed information or exact provisions, see the State Housing Law Database.

EXHIBIT 9
State Housing Laws That Incentivize TransitOriented Development, 2017–2025

BILL NAME TOD REQUIREMENTS AND PROVISIONS
AB 2553: Housing development:
major transit stops: vehicular traffic
impact fees
Eligible projects located within a half mile of a major transit stop are exempt from CEQA. (A major transit stop can mean an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a service frequency of 20 minutes or less during peak commute periods.)
Eligible projects located within a half mile of any rail or light-rail station, ferry terminal, bus hub, or bus transfer station, including planned stations that will be completed before the construction of the project, are subject to lower vehicular traffic mitigation fees.

SB 79: Housing development:
transit-oriented development
For TOD housing projects within a quarter mile of a Tier 1 TOD stop (a stop located within a county with more than 15 passenger rail stations and served by heavy-rail transit or very high-frequency commuter rail):
• Local governments cannot impose any height limit less than 75 feet. • Local governments cannot impose maximum density standards less than 120 dwelling units per acre. • Local standards cannot physically preclude achieving a residential FAR of up to 3.5. • Eligible projects that achieve a minimum density of 90 dwelling units per acre are eligible for additional concessions.

For TOD housing projects farther than a quarter mile but within a half mile of a Tier 1 TOD stop and within a city with a population of at least 35,000:
• Local governments cannot impose any height limit less than 65 feet. • Local governments cannot impose maximum density standards less than 100 dwelling units per acre. • Local standards cannot physically preclude achieving a residential FAR of up to 3. • Eligible projects that achieve a minimum density of 75 dwelling units per acre are eligible for additional concessions.

For TOD housing projects within a quarter mile of a Tier 2 TOD stop (a stop located within a county with more than 15 passenger rail stations and served by light-rail transit, high-frequency commuter rail, or bus service):
• Local governments cannot impose any height limit less than 65 feet. • Local governments cannot impose maximum density standards less than 100 dwelling units per acre. • Local standards cannot physically preclude achieving a residential FAR of up to 3. • Eligible projects that achieve a minimum density of 75 dwelling units per acre are eligible for additional concessions.

For TOD housing projects farther than a quarter mile but within a half mile of a Tier 2 TOD stop and within a city with a population of at least 35,000:
• Local governments cannot impose any height limit less than 55 feet. • Local governments cannot impose maximum density standards less than 80 dwelling units per acre. • Local standards cannot physically preclude achieving a residential FAR of up to 2.5. • Eligible projects that achieve a minimum density of 60 dwelling units per acre may request additional concessions.

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CALIFORNIA HOUSING LAWS 48
More Housing, Faster
Collectively, the state housing laws detailed in this guide represent a major shift in the state’s approach to housing policy and a major legislative victory for housing advocates. SPUR will continue working closely with legislators and other housing advocates to pass additional reforms to state housing law, amplify the impact of existing laws, and evaluate the benefits to projects that use them. We will also continue to support the efforts of local planning agencies and other city staff in educating elected officials, developers, architects, real estate professionals, and community members about how state laws interact with local policies.

Given constraints beyond the control of state and local policymakers — including the cost of materials and availability of labor, market-rate rents, and economic uncertainty following the COVID-19 pandemic — it may take time to see the full impact of recent laws on housing production.

Challenging housing markets in the Bay Area may be particularly difficult to change. However, the cohort of projects that have been able to use recent laws, and those that have tried but failed, can provide valuable insights into the obstacles blocking new housing construction in California and ways to overcome them. We hope that increased outreach, education, and programmatic adjustments will quickly lead to more housing being built where it’s needed.

Any future state housing laws that impact the policy areas discussed in this guide will be added to SPUR’s State Housing Law Database at spur.org/CAhousinglaws.

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CALIFORNIA HOUSING LAWS 49
Appendix A: Glossary and
Abbreviations
ADU – Accessory dwelling unit
AMI – Area median income
By-right development – Applications for eligible projects that meet local planning and building requirements are not subject to discretionary review.

Builders’ remedy – A longstanding principle of California’s housing law that authorizes the state to step in when local housing policies unduly restrict new housing production, allowing housing projects that meet basic health and safety standards to move forward. The local jurisdiction may not enforce discretionary standards until its local policies are deemed compliant with state housing law.

Campus development zone – A set of parcels contained either wholly or partially within a halfmile radius of a main campus of the University of California, the California State University, or the California Community Colleges.

CEQA – California Environmental Quality Act
Discretionary review – An additional review of a housing project application that has already met local planning and building requirements, usually conducted by a planning commission or similar local authority, that may require modifications to the project that it deems necessary to protect the public interest.

EIR – Environmental impact report
Entitlement process – Permits or approvals issued by a government agency for land use policies and building code requirements, such as zoning, density, design, use, and occupancy. The entitlement process is the legal process through which developers or other project applicants seek a local government’s approval for their development plans. Applicants must secure all required entitlements before the project can move forward.

FAR – Floor area ratio
HAA – Housing Accountability Act
HCD – California Department of Housing and Community Development JADU – Junior accessory dwelling unit

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CALIFORNIA HOUSING LAWS 50
LIHTC – Low-Income Housing Tax Credit
Ministerial approval – A streamlined housing project review process whereby local agencies review project applications for compliance with local planning and building requirements without adding discretionary reviews, subjective standards, or extra hearings.

Objective standards – Written standards with objective criteria that do not involve subjective judgment by a public official. These standards must be available for review by applicants and officials before the application submission.

Project labor agreements – A collective bargaining agreement with one or more labor unions that establishes the terms and conditions of employment, including wages and benefits, for a specific construction project before any workers are hired.

RHNA – Regional Housing Needs Allocation
SDBP – State Density Bonus Program
Supportive housing – Affordable housing with no time limit on length of stay, reserved for a target population, that is linked to supportive services provided onsite or offsite to help residents retain housing, improve their health, or maximize their ability to live and work in the community.

TOD – Transit-oriented development

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Appendix B: Guidance from
City Planning Departments
San Francisco
State Accessory Dwelling Unit Program
Planning Director Bulletin No. 3, Updated February 2026 Ministerial Approval Processes for Affordable and Supportive Housing Planning Director Bulletin No. 5, Updated September 2025 References SB 35/SB 423, AB 2162, AB 2011/AB 2243, SB 4 Implementing the State Density Bonus Program
Planning Director Bulletin No. 6, Updated December 2025 Housing Crisis Act of 2019: Project Review and Zoning Actions Planning Director Bulletin No. 7, Updated October 2024
References Housing Crisis Act, Housing Accountability Act, Permit Streamlining Act Streamlined Housing Development
Planning Director Bulletin No. 8, Updated September 2025 References SB 9, SB 684
Ministerial Approval Processes for Mixed-Income Housing Planning Director Bulletin No. 9, Updated September 2025 References SB 35/SB 423, AB 2011/AB 2243
Review and Approval Procedures for Projects Subject to the Housing Accountability Act Planning Director Bulletin No. 10, Updated December 2025 San José
Memorandum: Overview of Senate Bill 9 and Senate Bill 10 and Implications to Planning Policy and Zoning Regulations
Presented to the San José City Council on October 15, 2021

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SB 9, Duplex Project or Subdivision, webpage: https://www.sanjoseca.gov/your-government/ departments-offices/planning-building-code-enforcement/planning-division/start-a-new-project-oruse/sb-9-duplex-project-or-subdivision Memorandum: Analysis of Senate Bill 6 and Assembly Bill 2011 Presented to the San José City Council on June 3, 2024
Senate Bill 79, Abundant and Affordable Homes Nears Transit Act, webpage: https://www.sanjoseca. gov/your-government/departments-offices/planning-building-code-enforcement/planning-division/ ordinances-proposed-updates/senate-bill-79-abundant-and-affordable-homes-nears-transit-act Oakland
Housing Projects Eligible for Faster, Streamlined Review: Affordable Housing, Locally Zoned, & State Law-Eligible Projects webpage: https://www.oaklandca.gov/Planning-Building/Your-CommercialProjects-Permits/Housing-Projects-Eligible-for-Faster-Streamlined-Review References AB 2011, AB 2162, SB 4, SB 9, SB 35/SB 423, SB 684 Applicability of Replacement Unit Provisions to Non-Residential Developments and Conversions Zoning Code Bulletin, Published August 2023
References AB 1218

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Rancho Cucamonga City CouncilOctober 7, 2026

Rancho Cucamonga City Council
October 7, 2026