Read:  SATT Additional Infomation  on 2023 New Regulations

Dear Stakeholders,

This email summarizes new housing-related State legislation signed into law by Governor Newsom that will take effect on January 1, 2023. Please note that this is not a comprehensive account of new State housing regulations, but a high-level summary of some of the major changes to planning and housing law, intended for use by business and neighborhood groups alike. For a detailed report, consult the California Legislative Information website.

Assembly Bill (AB) 2097 | Parking Requirements
Prohibits public agencies from imposing minimum automobile parking requirements on
any residential, commercial, or other project located within a half-mile of a major transit stop, unless certain findings are made with substantial evidence within 30 days of project filing.

Note: AB 2097’s definition of a development does not include projects where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except residential hotels like Single Room Occupancy (SRO) hotels.

Assembly Bill (AB) 2011 | Affordable Housing and High Road Jobs Act
Establishes a streamlined ministerial process for mixed income and 100% affordable housing in areas zoned for retail, office, and parking, provided that contractors meet certain labor standards.

Note: AB 2011 does not apply to many sites, including industrial properties, vacant lots in very high fire severity zones, environmentally sensitive sites, mobile home parks, and parcels located within 500 feet of a freeway or 3,200 feet of an oil refinery. This bill is operative on July 1, 2023 and sunsets on January 1, 2033.

Senate Bill (SB) 6 | Middle Class Housing Act
Establishes a process for housing projects to be built on land zoned for retail, office, and parking, similar to AB 2011 but with different labor standards.

Note: SB 6 does not include affordability requirements or the same streamlining benefits as AB 2011.

Assembly Bill (AB) 682 | Density Bonus: Shared Housing
Expands State Density Bonus Law to allow “shared housing” to qualify for certain incentives. When a shared housing project provides a certain percentage of affordable units, it qualifies for two Density Bonus incentives and does not need to meet minimum unit size requirements.

Note: AB 682 defines shared housing as residential or mixed-use structures with five or more shared housing units, each with its own bathroom and kitchenette facilities, and at least one common kitchen and dining area.

Assembly Bill (AB) 2234 | Post-Entitlement Phase Permits
Adds requirements for cities during the post-entitlement phase, including posting of online information, digital processing, and new timelines for non-discretionary permits to be deemed complete and appealed.

Assembly Bill (AB) 2334 | Density Bonus: Very Low Vehicle Travel Areas
Allows 100% affordable housing projects to receive added height and unlimited density if the project is located in an urbanized very low vehicle travel area, where at least 80% of the units are restricted to lower income and no more than 20% are for moderate income households.

Note: This bill defines “very low vehicle travel area” to mean an urbanized area, as defined by the Census Bureau, where the existing residential development generates vehicle miles traveled (VMT) per capita that is below 85% of either regional or city VMT per capita.

Other Bills

Assembly Bill 2295
Specifies affordable housing is an allowable use on all school-owned sites at certain densities

Senate Bill 679
Enables Los Angeles County to create the Affordable Housing Solutions Agency

Senate Bill 886
Exempts student and faculty housing built on California university campuses from CEQA

Assembly Bill 2221 / Senate Bill 897
Addresses height as well as more technical aspects of Accessory Dwelling Units