CC SR 20230321 I - Housing Element Annual Progress Report
CITY COUNCIL MEETING DATE: 03/21/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to forward the 2022 Housing Element Annual Progress
Report to the appropriate state agencies.
RECOMMENDED COUNCIL ACTION:
(1) Authorize Staff to forward the City’s Annual Progress Report on the implementation
of the Rancho Palos Verdes Housing Element during the 202 2 calendar year to
the Governor’s Office of Planning and Research (OPR) and the California
Department of Housing and Community Development (HCD).
FISCAL IMPACT: Filing the City’s Annual Housing Element Progress Report will not
have a fiscal impact. However, costs associated with the
implementation of certain projects supported by the Housing
Element are addressed on a project-by-project basis when
considered by the City Council, such as grant funds awarded to the
City to create a Mixed-Use Overlay District.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Steven Giang, Associate Planner
REVIEWED BY: Octavio Silva, Interim Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. 2022 Annual Progress Report on the implementation of the Rancho Palos Verdes
Housing Element
B. New State Housing Bills Summary (page B-1)
C. Assembly Bill (AB) No. 2011 – Affordable Housing and High Road Jobs Act of 2022
and Senate Bill (SB) No. 6 - Middle Class Housing Act of 2022 (page C-1)
1
BACKGROUND:
Each California city, pursuant to Government Code §65300, is required to prepare and
adopt a General Plan for its jurisdiction with certain mandatory elements, including a
Housing Element. The Housing Element consists of: (a) an identification and analysis of
existing and projected housing needs, including the local government’s share of the
regional housing needs; (b) an inventory of resources and constraints relevant to meeting
those needs; and (c) a program showing a five-year schedule of actions to be taken to
implement the Housing Element, including how the local government plans to meet its
share of the regional housing needs.
In August 2022, the City Council adopted the City’s new 6th Cycle Housing Element and
associated environmental review, which included a Negative Declaration. The adopted
Housing Element was subsequently forwarded to HCD for compliance review with state
housing law. The Housing Element outlines the plan to accommodate the City’s Regional
Housing Needs Assessment (RHNA) allocation of a total of 639 new housing units in
various income categories over the planning period of 2021 -2029. The housing unit
breakdown by income category is as follows (note that “Very Low” and “Low” are
occasionally combined and referred to as “Lower” because of similar density
requirements):
• Very Low – 253 units
• Low – 139 units
• Moderate – 125 units
• Above Moderate – 122 units
In addition, the Housing Element also accommodates eight lower income units that were
carried over from the 5th planning cycle, for a total of 647 new housing units throughout
the City. The eight carry-over units are not reflected in the table provided (Attachment A).
In October 2022, HCD notified the City’s Community Dev elopment Department that
although the adopted Housing Element met many of the statutory requirements , the
document was ultimately not found to be in compliance. As part of its review, HCD
outlined additional document corrections required to be completed to achieve compliance.
Staff continues to work with the City’s Housing Element Update consultant, Environmental
Science Associates, on the preparation of a revised Housing Element for HCD
resubmittal. Staff is also working with Dudek on the preparation of co mpliance measures
associated with the Housing Element, including, but not limited to, the completion of the
Mixed-Use Overlay District along the City’s commercial corridors and the rezoning of
some non-commercial properties throughout the City to accommodate for more housing
density. Pursuant to Assembly Bill No. 1398, such compliance measures must be
completed prior to HCD deeming the resubmitted Housing Element to be in compliance
with state housing law. Staff anticipates an informal review of the revised Housing
Element with HCD representatives in the spring of 2023 while components of the rezoning
efforts are being completed.
2
Pursuant to Government Code §65400, a local jurisdiction is required to prepare and
submit an annual progress report on a jurisdiction’s status and progress in implementing
its Housing Element by April 1 of each year. While the City’s 6 th Cycle Housing Element
continues to be a work in progress, Staff utilized the City Council-adopted Housing
Element for reporting purposes in the 2022 a nnual progress report to HCD. The City
Council is being asked to review the Annual Report on the Housing Element for submittal
to the appropriate state agencies.
DISCUSSION:
In 1995, the Legislature required HCD to adopt forms and definitions for local
governments to use for the preparation of their annual progress reports. Over the years,
the forms and tables were expanded by HCD and updated to include, but are not limited
to, project streamlining, identification of sites to accommodate housing shortfalls, and the
status of expending the Local Early Action Planning (LEAP) grant funds for applicable
jurisdictions. The following forms are required to satisfy HCD Housing Element annual
reporting requirements (Attachment A):
• Table A - Housing development applications submitted (proposed applications)
• Table A2 – Annual building permit activity summary (permitted applications)
• Table B - Regional housing needs allocation progress and permits issued by
affordability
• Table C - Sites identified or rezoned to accommodate shortfall housing needs
• Table D - Housing element program implementation status
• Table E - Commercial development bonus
• Table F (optional) - Units rehabilitated, preserved and acquired for alternative
adequate sites for the 2021 calendar year
• Table G - Locally owned lands in the housing element sites inventory
• Table H - Locally owned surplus sites
• Table I – Units constructed and applications pursuant to Senate Bill (SB) No. 9
• Table J – Student housing development for lower-income students for which was
granted a density bonus
• LEAP Reporting
The attached Housing Element 2022 Annual Progress Report only includes information
for Tables A, B, D, and LEAP Reporting as the City has no reportable information for
Tables C, and E through J, which focus on the construction of commercial development,
units that were substantially rehabilitated, acquired, or preserved and locally owned lands
that were sold, leased or disposed of by the City, SB 9 units and lot splits, and student
housing. Due to the extensive amount of information in the tables and to ensure that the
information being presented remains legible, the Housing Element 2022 Annual Progress
Report is available for review on the City website at the following link:
https://www.rpvca.gov/DocumentCenter/View/20060/2022 -Housing-Element-Annual-
Progress-Report-Table. Staff believes the Goals and Policies of the City’s Housing
3
Element for this reporting period have continued to be implemented by actions taken by
the City while balancing community needs, property rights, and the health, safety and
welfare of the general public.
In summary, for 2022, the City received 5 applications for new single family residential
units, 15 applications for Accessory Dwelling Units, and 2 applications for SB-9 units (two
units on a lot as moderate-income to be located on Fruit Tree Road and Golden Meadow
Drive). The City completed entitlements for 14 ADUs (low-income), 7 single-family
residences (above-moderate income), and 3 SB-9 units (two units on a lot as moderate-
income to be located on Fruit Tree Road, Golden Meadow Drive, and Crestridge Road).
The Building and Safety Division also issued permits for 8 single-family residences
(above-moderate income), 14 ADUs (low-income), and did not issue any permits for SB-
9 units.
On February 28, 2023, the Planning Commission reviewed the City’s Housing Element
Annual Progress Report on the status of the Housing Element and the progress on its
implementation during the 2022 calendar year. The Planning Commission identified
additional information for the City Council’s consideration, including the addition of the
voting records of the City’s state representatives for each of the new housing bills and
providing an update on the City’s efforts toward Housing Element compliance. Attachment
B (New State Housing Bills Summary) has been updated to include voting records on the
various housing bills and a staff report on the City’s efforts toward Housing Element
compliance was presented to the City Council on March 7, 2023.
Upon acceptance by the City Council, the Housing Element 202 2 Annual Progress Report
will be delivered to OPR and HCD by the April 1, 2023, submittal deadline. The submittal
of a timely and up-to-date Annual Progress Report to the state ensures compliance with
state law and continues to provide funding and grant opportunities to the City.
ADDITIONAL INFORMATION:
New State Housing Bills
In 2022, Governor Newsom signed into law 16 state housing bills applicable to public
agencies. Some became effective immediately, while the remaining laws took effect on
January 1, 2023. A complete listing of the housing bills, along with Staff’s analysis of City
impacts, is attached (Attachment B). Due to the amount of information related to AB 2011
and SB 6, Attachment C was created specifically for these bills to provide a deeper
analysis of their associated impacts. It should also be noted that the City Manager’s Office
has provided a status update on the 2022 legislative session on October 18, 2022 that
included numerous housing bills which the City Council took positions on. The staff report
related to the 2022 legislative session can be reviewed on the City website.
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CONCLUSION:
Staff therefore recommends the City Council authorize forwarding the City’s 2022
Housing Element Annual Progress Report to the appropriate state agencies.
ALTERNATIVES:
In addition to Staff’s recommendation, the following alternative action is available for the
City Council’s consideration:
1) Identify additional information to be included in the Housing Element 2022 Annual
Progress Report, prior to forwarding the report to the required state agencies.
5
2022 State Housing Bill Summary
The table below provides a summary of the new bills’ requirements by category, the City’s
state representative voting records, and impacts to the City. It should be noted that the
bills marked with an asterisk are the ones that made major changes to land use/housing
laws.
Bill No. and City’s
State
Representatives’
Voting Record
Summary Description Impacts to the City
Post-Entitlement Permits
*AB 2234 (Rivas)
Assembly District 66
vote: Aye (D- Al
Muratsuchi)
Senate District 24
vote: No vote
recorded (D- Ben
Allen)
Adds Gov. Code §
65913.3
Adds Gov. Code §
65913.3.5
Requires cities to streamline the
process for reviewing and issuing
“postentitlement phase permits”
(“PPP”) for projects that are at least
two-thirds residential.
“Postentitlement phase permits”
includes but is not limited to: building
permits, permits for minor or standard
off-site improvements, demolition
permits, and minor or standard
excavation and grading permits.
- Cities must compile a list that
specifies in detail the information that
will be required from the applicant for
a PPP.
- Cities must post an example of a
complete, approved application and a
complete set of PPPs for at least five
types of housing development
projects, including an ADU, a duplex,
a multifamily project, a mixed use
project, and a townhome.
- Cities must process PPP
applications in accordance with strict
timelines established in the bill.
- Failure to meet any of the time
limits is a violation of the Housing
Accountability Act (Gov. Code
§ 65589.5) which allows for court-
ordered approval of permits and
requires public agencies to pay the
- City must meet
strict processing
timelines for PPPs
and must create an
application checklist
and make certain
information about
PPPs available to the
public by January 1,
2024.
- City must start
working toward
creating an online
portal for processing
PPP applications by
January 1, 2024.
B-1
plaintiff’s attorney fees if the plaintiff
is successful.
- Requires cities to create an online
application portal for PPPs by either
January 1, 2024 or January 1, 2028,
depending on the size and location of
the city. The online application portal
must allow applicants to apply for,
complete, and retrieve PPPs on the
city’s website, and must state the
processing status of the PPP
application. Until the portal is up and
running, cities must accept
applications for PPPs and related
documentation by email.
Accessory Dwelling Units
*AB 2221 (Quirk-
Silva)
Assembly District 66:
No vote recorded (D-
Al Muratsuchi)
Senate District 24
vote: Aye (D- Ben
Allen)
Amends Gov. Code §
65852.2
- Current law states that the city
must “act on” a complete ADU or
JADU application within 60 days.
This bill changes “act on” to “approve
or deny.”
- Requires that if a city denies an
application for an ADU or JADU, then
the City must return a full written 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 by the
applicant.
- Adds front setbacks to the list of
development standards that cities
cannot enforce to the extent that they
would prohibit an ADU from being at
least 800 square feet.
Requires City to
update its
ADU/JADU
ordinance and to only
apply state law
requirements where
there is a conflict
between state law
and the City’s
ordinance.
*SB 897
(Wieckowski)
Assembly District 66
vote: No (D- Al
Muratsuchi)
- Clarifies that cities can only impose
“objective” standards on ADUs.
- Provides that ADUs must comply
with local building codes, but creates
an exception: the construction of an
ADU “shall not constitute a Group R
occupancy change under the local
Requires City to
update its
ADU/JADU
ordinance and to only
apply state law
requirements where
there is a conflict
between state law
B-2
Senate District 24
vote: No vote
recorded (D- Ben
Allen)
Amends Gov. Code §
65852.2
Amends Gov. Code §
65852.22
Adds Gov. Code §
65852.23
building code, as described in
Section 310 of the California Building
Code (Title 24 of the California Code
of Regulations), unless the building
official or enforcement agency of the
local agency makes a written finding
based on substantial evidence in the
record that the construction of the
accessory dwelling unit could have a
specific, adverse impact on public
health and safety. Nothing in this
clause shall be interpreted to prevent
a local agency from changing the
occupancy code of a space that was
unhabitable space or was only
permitted for nonresidential use and
was subsequently converted for
residential use pursuant to this
section.”
- State law already requires that
cities can’t require ADUs to provide
fire sprinklers if they are not required
for the primary residence. The new
bill adds that the construction of an
ADU shall not trigger a requirement
for fire sprinklers to be installed in the
existing primary dwelling.
- Prohibits requirements for a zoning
clearance or separate zoning review
as part of the review process for an
ADU.
- Requires that a demolition permit
for a detached garage that is going to
be replaced with an ADU must be
reviewed with the application for the
ADU and must be issued at the same
time as the permit for the ADU.
- States that a city may not deny an
ADU application “due to correction of
nonconforming zoning conditions,
building code violations, or
unpermitted structures that do not
and the City’s
ordinance.
B-3
present a threat to public health and
safety and are not affected by the
construction of the accessory
dwelling unit.”
- Under existing law, one detached
ADU and one attached JADU are
permitted on a lot with an existing
multifamily dwelling. Under the new
law, two detached ADUs are also
permitted on a lot with a proposed
multifamily dwelling, which means
that a multifamily dwelling and up to
two detached ADUs could be applied
for and built simultaneously.
- Under current law, cities must allow
ADUs to be at least 16 feet tall.
Under the new law, 16 feet is still the
default minimum height, but cities
now must allow detached ADUs to be
up to 18 feet tall in certain situations,
and must allow attached ADUs to be
up to 25 feet tall or the height
limitation that applies to the primary
dwelling, whichever is shorter.
- Current law provides that JADUs
must be constructed within the walls
of the proposed or existing single
family residence. The new law
clarifies that “the proposed or existing
residence” includes enclosed uses
within the residence, such as
attached garages.
- Current law also requires that
JADUs have a separate entrance
from the main entrance to the primary
unit. The new law requires that if the
JADU does not include a separate
bathroom, the JADU must also
include an interior entry to the main
living area of the primary unit.
Density Bonus Law
B-4
AB 2334 (Wicks)
Assembly District 66
vote: No (D- Al
Muratsuchi)
Senate District 24
vote: Aye (D- Ben
Allen)
AB 682 (Bloom)
Assembly District 66
vote: Aye (D- Al
Muratsuchi)
Senate District 24
vote: Aye (D- Ben
Allen)
AB 1551 (Santiago)
Assembly District 66
vote: Aye (D- Al
Muratsuchi)
Senate District 24
vote: Aye (D- Ben
Allen)
Amend Gov. Code §
65915
Add Gov. Code §
65915.7
- Outline a method for determining
the “base density” in cities that use a
metric other than dwelling units per
acre to establish permitted density
(e.g., floor area ratio). In such cities,
density must be determined by
estimating the realistic development
capacity of the site based on
applicable objective development
standards, such as floor area ratio,
site coverage, setbacks, height limits,
parking requirements, etc., and then
translating that development capacity
into a specific number of units per
acre, to which the bonus density is
then added. Developers may provide
a based density study and the city
must accept it if it includes all
applicable development standards.
- Provide that projects that are at
least 80% affordable to lower income
households and 20% affordable to
moderate income households already
receive four incentives and a density
bonus of 80% of the number of units
affordable to lower income
households. Under the new laws,
these projects will also receive a
height increase of up to three stories
or 33 feet, and unlimited density, if
they are located in one of seventeen
designated counties, and are located
within a “very low vehicle travel area,”
defined as an urbanized area where
the existing residential development
generates vehicle miles traveled per
capita that is below 85 percent of
either regional vehicle miles traveled
per capita or city vehicle miles
traveled per capita, as further
described in the new laws.
- Create a new category of
developments called “shared housing
buildings,” defined as “a residential or
City will need to
comply with these
new laws for projects
that apply for and are
eligible for a density
bonus and incentives
or concessions.
B-5
mixed-use structure, with five or more
shared housing units and one or
more common kitchens and dining
areas designed for permanent
residence of more than 30 days by its
tenants,” and further described in
state law. These developments are
eligible for density bonuses and
concessions if they meet certain
affordability requirements.
- Revive a law that expired at the
beginning of 2021 (Gov. Code
Section 65915.7). This law provides
certain incentives to commercial
projects (such as increases in
intensity, floor area, height, etc.)
where the commercial developer
enters into an agreement with a
housing developer for “partnered
housing,” whereby the commercial
developer works with the residential
developer in certain delineated ways
to construct a project that contains at
least 30% low-income units or 15%
very-low income units. This law will
remain in effect until January 1, 2028.
Prohibition of Minimum Parking Requirements within ½ Mile of Public Transit
*AB 2097 (Friedman)
Assembly District 66
vote: No vote
recorded (D- Al
Muratsuchi)
Senate District 24
vote: Aye (D- Ben
Allen)
- Prohibits cities from imposing
minimum parking requirements on
residential, commercial, or other
development projects if the project is
within one-half mile of public transit,
with some exceptions. “Public
transit” means (a) an existing rail or
bus rapid transit station, (b) a ferry
terminal served by either a bus or rail
transit service, or (c) the intersection
of two or more major bus routes with
a frequency of service interval of 15
minutes or less during the morning
and afternoon peak commute
periods.
There are some exceptions:
With limited
exceptions, City will
not be able to impose
minimum parking
requirements for
developments within
one-half mile of
public transit.
B-6
- This new law does not apply to
projects where any portion is
designated for use as a hotel, motel,
bed and breakfast inn, or other
transient lodging, except where a
portion of a housing development
project is designated for use as a
residential hotel, as defined in Health
and Safety Code Section 50519.
Also, an “event center” must provide
parking for employees and other
works as required by local ordinance.
- Cities can still enforce
requirements for EV charger parking
spaces and accessible parking
spaces for persons with disabilities.
- This law does not apply to
commercial parking requirements if it
conflicts with an existing contractual
agreement of the public agency that
was executed before January 1,
2023, provided that all of the required
commercial parking is shared with
the public.
- However, the city may impose
parking requirements if, within 30
days of receipt of a completed
application, the city makes a written
finding, supported by the
preponderance of the evidence, that
not imposing or enforcing parking
requirements on the development
would “have a substantially negative
impact” on: (a) the city’s ability to
meet its RHNA requirement for low
and very low income households, (b)
the city’s ability to meet any special
housing needs for elderly or disabled
persons, or (c) existing residential or
commercial parking within one-half
mile of the housing development
project. But the city cannot exempt
housing development projects if: (a)
at least 20% of the development is
reserved for very low, low-, or
B-7
moderate-income households,
students, the elderly, or persons with
disabilities; (b) the development
contains fewer than 20 housing units;
or (c) the development is subject to
parking reductions based on the
provisions of other applicable laws.
Increasing Bedroom Counts for Existing Units
AB 916 (Salas)
Assembly District 66
vote: Aye (D- Al
Muratsuchi)
Senate District 24
vote: Aye (D- Ben
Allen)
Adds Gov. Code §
65850.02
This bill prohibits cities from requiring
a public hearing as a condition of
reconfiguring existing space to add
up to two bedrooms within an existing
dwelling unit in a residential zone.
The law does not prohibit agencies
from holding public hearings for
proposals that would increase the
number of units, provided such
proposals are not subject to other
state laws that mandate ministerial
review (e.g., ADUs, SB 9).
City must comply
with this law if
applicant applies to
reconfigure existing
unit to add more
bedrooms.
“No Net Loss” Rule
AB 2339 (Bloom)
Assembly District 66
vote: Aye (D- Al
Muratsuchi)
Senate District 24
vote: Aye (D- Ben
Allen)
Amends Gov. Code §
65863
Government Code Section 65863
requires cities to ensure that they
maintain sufficient sites in the
Housing Element site inventory
throughout the entire planning period
to accommodate their remaining
unmet share of the regional housing
need for lower and moderate-income
households – sometimes called the
“no net loss” rule. This bill clarifies
that the site inventory must also
always be able to accommodate any
remaining unaccommodated portion
of the regional housing need from the
prior planning period.
Review this law if
addressing a “no net
loss” situation.
SB 35
AB 2668 (Grayson)
Assembly District 66
vote: No vote
recorded (D- Al
Muratsuchi)
This bill makes a variety of changes
to SB 35 (Government Code §
65913.4), which creates a
streamlined, ministerial approval
process for multifamily housing
developments that meet affordability
requirements and meet prevailing
wage requirements. This bill makes
the following revisions:
Review these new
requirements if the
City receives an
application for a SB
35 project.
B-8
Senate District 24
vote: Aye (D- Ben
Allen)
Amends Gov. Code §
65913.4
- Existing law provides that a
qualifying project cannot be subject
to a conditional use permit. This bill
adds that it also cannot be subject to
“any other non-legislative
discretionary approval.”
- Clarifies that the minimum
percentage of total units that a
development must dedicate for lower-
income housing is calculated before
calculating any density bonus.
- Creates additional paths for
development on a hazardous waste
site if either: (a) the local agency
determines that the site is suitable for
residential use or residential mixed
uses under Health and Safety Code
Section 25296.10(c), or (b) the site is
an underground storage tank site that
received a uniform closure letter
issued pursuant to Health and Safety
Code Section 25296.10(g).
- States explicitly that if a proposed
development is consistent with the
objective planning standards in
Government Code Section 65913.4,
then the city shall approve the
development.
- Provides that a city shall not
determine that a development is in
conflict with applicable standards on
the basis that application materials
are not included, as long as the
application contains substantial
evidence that would allow a
reasonable person to conclude that
the development is consistent with
the objective planning standards.
- Requires that if a city determines
that a development is in conflict with
B-9
applicable standards, it shall provide
the development proponent written
documentation of which objective
standard or standards the
development conflicts with, and an
explanation for the reason or reasons
the development conflicts with that
objective standard or standards
within either 60 days for projects with
150 or fewer homes, or 90 days for
projects with more than 150 homes.
Residential Developments in Commercial Zones
AB 2011 (Wicks)*
Assembly District 66
vote: No vote
recorded (D- Al
Muratsuchi)
Senate District 24
vote: Aye (D- Ben
Allen)
Adds Gov. Code §
65912.100 through
65912.140
Effective July 1, 2023
This bill creates two options for
development of affordable multifamily
housing in commercial zones without
requiring rezoning of the parcel.
Qualifying projects must be approved
ministerially and are not subject to
CEQA. In order to qualify, projects
must meet affordability requirements,
prevailing wage requirements, and
location requirements, and are
subject to certain development
standards. See attached table for a
summary of requirements for AB
2011 projects.
Review this new law
in depth if the City
receives an
application for a
residential
development in a
commercial zone.
SB 6 (Caballero)
Assembly District 66
vote: No vote
recorded (D- Al
Muratsuchi)
Senate District 24
vote: Aye (D- Ben
Allen)
Adds Gov. Code §
65852.24
Effective July 1, 2023
This bill creates an option for
development of residential units in a
commercial zone without requiring
rezoning the parcel, but the
development is still subject to public
hearing requirements and
development standards that would
apply to a housing development of
the same density elsewhere in the
city. In order to qualify under this bill,
the developer must pay prevailing
wages to all construction workers and
certify that a “skilled and trained
workforce” (as defined in state law)
will be used to perform all
construction work on the
Review this new law
in depth if City
receives an
application for a
residential
development in a
commercial zone.
B-10
development. The developer must
also provide relocation assistance to
qualifying existing commercial
tenants. See attached table for a
summary of requirements for SB 6
projects.
General Plan Annual Report
AB 2094 (Rivas)
Assembly District 66
vote: Aye recorded
(D- Al Muratsuchi)
Senate District 24
vote: Aye (D- Ben
Allen)
Amends Gov. Code §
65400
Requires that the General Plan
Annual Report includes a city’s
progress in meeting its regional
housing needs, including the need for
extremely low-income housing.
Adds reporting
requirements.
AB 1743 (McKinnor)
Assembly District 66
vote: Aye recorded
(D- Al Muratsuchi)
Then-Senate District
26 vote: Aye (D- Holly
Mitchell)
Amends Gov. Code §
65400
Requires that the General Plan
Annual Report includes whether each
housing development application
received in the prior year was subject
to a ministerial or discretionary
approval process.
Adds reporting
requirements.
AB 2011 (Wicks)
Assembly District 66
vote: No vote
recorded (D- Al
Muratsuchi)
Senate District 24
vote: Aye (D- Ben
Allen)
Amends Gov. Code §
65400
Requires that the General Plan
Annual Report include certain
information about applications for
housing developments submitted
pursuant to the Affordable Housing
and High Road Jobs Act of 2022 (AB
2011).
Adds reporting
requirements.
AB 2653 (Santiago)
Requires that the General Plan
Annual Report includes the number
Adds reporting
requirements.
B-11
Assembly District 66
vote: Aye (D- Al
Muratsuchi)
Senate District 24
vote: Aye (D- Ben
Allen)
Amends Gov. Code §
65400
Amends Gov. Code §
65585
of housing units demolished and the
number of new units rather than net
units, and data from all projects that
received a density bonus rather than
only a sample of such projects. Also
allows HCD to request corrections to
the Housing Element portion of the
Annual Report, requires cities to
make such corrections within 30
days, and allows HCD to reject
Reports that do not substantially
comply with state law.
- Also allows HCD to notify the
Attorney General that a city does not
have a compliant Report, which could
result in the Attorney General
bringing a lawsuit against the City.
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AB 2011 – Affordable Housing and High Road Jobs Act of 2022
100% Affordable Projects in Commercial
Zones
Mixed-Income Projects Along Commercial
Corridors
Location/Site
Requirements
• Must be within a city where the city boundaries include some portion of either an urbanized area or
urban cluster, as designated by the United States Census Bureau.
• Must be located in a zone where office, retail, and parking are all principally permitted uses.
• At least 75 percent of the perimeter of the site must adjoin parcels that are developed with urban
uses.
• Must not be a site or adjoined to any site where more than one-third of the square footage on the
site is dedicated to industrial use (as defined).
• Must meet requirements in Government Code 65913.4(a)(6)(B)-(K) (not on prime farmland,
wetlands, very high fire hazard severity zone, earthquake fault zone, flood hazard area, habitat for
protected species, etc.).
• Must not be an existing parcel of land or site that is governed under the Mobilehome Residency
Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special
Occupancy Parks Act.
• If it is a vacant site, it must not contain tribal cultural resources.
• If it is a vacant site, it must not be within a very high fire hazard severity zone, as indicated on
maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources
Code Section 4202 or as designated pursuant to Government Code Section 51179(a) and (b).
Unlike with SB 9, there does not appear to be any exception to this for properties that have
adopted fire mitigation measures, but this requirement only applies to vacant sites.
• If the site is within a “neighborhood plan” (e.g., specific plan, area plan, precise plan, etc.), then
either (i) the neighborhood plan must have allowed for multifamily housing development on the site
as of January 1, 2022, or (ii) the neighborhood plan must have allowed for multifamily housing
development on the site, and a notice of preparation (CEQA) for the neighborhood plan must have
been issued prior to January 1, 2022, and the neighborhood plan must have been adopted on or
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after January 1, 2022, but before January 1, 2024. See discussion in Recommended Action
section.
• None of the housing may be located with 500 feet of a freeway or within 3,200 feet of a facility that
actively extracts or refines oil or natural gas.
Additional
Location/Site
Requirements
None. • Must abut a commercial corridor1 and have a
frontage along the corridor of at least 50 feet.
• The site may not be larger than 20 acres.
• The project would not require the demolition of
affordable/price-controlled units, housing occupied
by tenants in the last 10 years, or a historic
structure.
• Must not be located on a site previously used for
rental housing that was demolished in the last
10 years, a site that contains 1 to 4 dwelling units, or
a vacant site that is zoned for housing but not for
multifamily residential use.
Affordability
Requirements
• 100% affordable to lower income
households
• If rental housing: 8% very low and 5% extremely
low, or 15% lower income
• If owner-occupied: 30% moderate or 15% lower
income
• If the city has a local affordable housing
requirement, additional rules apply
Density
Requirements
• Density must meet or exceed the
applicable density deemed appropriate to
accommodate housing for lower income
• The minimum residential density for the
development is based on (a) whether the city is a
metropolitan or non-metropolitan jurisdiction, (b) the
size of the site, (c) the width of the commercial
1 Defined as “a highway, as defined in Section 360 of the Vehicle Code, that is not a freeway, as defined in Section 332 of the Vehicle Code, and
that has a right-of-way, as defined in Section 525 of the Vehicle Code, of at least 70 and not greater than 150 feet.”
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households in the city as specified in
Government Code Section 65583.2(c)(3).
corridor, and (d) whether the site is within ½ mile of
a major transit stop.
• Depending on these factors, the minimum density
ranges from 20 du/acre to 80 du/acre.
Development
Standards
• Must be a multifamily housing project (defined as 5 or more units for sale or rent)
• Must complete a Phase I environmental assessment
• City can conduct design review but can only enforce objective standards and review must be
completed with 90 days of submission for a project with 150 or fewer units, or within 180 days for a
project with more than 150 units.
• Projects are eligible for a density bonus and incentives in accordance with state Density Bonus Law.
Additional
Development
Standards
• Must meet the city’s objective zoning
standards for the zone that allows
residential use at a greater density
between the following: (a) the existing
zoning designation for the parcel if
existing zoning allows multifamily
residential use; or (b) the zoning
designation for the closest parcel that
allows residential use at a density that
meets the requirements of AB 2011
• Height limits and setback requirements are
established by the bill
• No parking shall be required except for EV charging
parking spaces and disabled parking spaces
• All other standards shall be those for the closest
zone that allows multifamily residential use at the
density required by AB 2011. If no zone exists that
allows that density, then the standards shall be
those for the zone that allows the greatest density.
• Cities can require that up to one-half of the ground
floor of the housing development project be
dedicated to retail use.
Labor
Requirements
• Prevailing wages required for all projects. Additional labor requirements if more than 50 units.
Relocation
Assistance
None. • Must provide relocation assistance to eligible
existing commercial tenants
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SB 6 – Middle Class Housing Act of 2022
Location/Site
Requirements
• Must be within a city where the city boundaries include some portion of either an urbanized area or
urban cluster, as designated by the United States Census Bureau.
• Must be located in a zone where office, retail, and parking are all principally permitted uses.
• Site must be 20 acres or less
• Must not be a site or adjoined to any site where more than one -third of the square footage on the
site is dedicated to industrial use (as defined).
Density • Density must meet or exceed the applicable density deemed appropriate to accommodate housing
for lower income households in the city as specified in Government Code Section 65583.2(c)(3).
Development
Standards
• Must be a “housing development project,” defined as either (a) residential units only or (b) a mixed -
use development where at least 50% is residential, and none is designated for transient lodging
(e.g., hotel)
• The housing development shall be subject to local zoning, parking, design, and other ordinances,
local code requirements, and procedures applicable to the processing and permitting of a housing
development in a zone that allows for the housing with the density required by SB 6. If more than
one zoning designation allows for housing with the required density, the zoning standards shall be
those that apply to the closest parcel that allows residential use at the required density. If the
existing zoning designation for the parcel, as adopted by the city, allows residential use at a density
greater than that required by SB 6, the existing zoning designation applies.
• Projects are eligible for a density bonus and incentives in accordance with state Density Bonus
Law.
Affordability
Requirements
• None, but must meet local inclusionary housing requirements
Labor
Requirements
• Must pay prevailing wages, and must certify that a “skilled and trained workforce” (as defined) will
be used to perform all construction work, with some exceptions
Relocation
Assistance
• Must provide relocation assistance to eligible commercial tenants
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