TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM: Carl Stiehl, City Planner
PREPARED BY: Carl Stiehl, City Planner
SUBJECT:
title
Planning Commission Training Workshop New State Laws January 2025
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RECOMMENDATION
recommendation
Staff recommends the Planning Commission receive a workshop presentation by staff regarding a Summary of new State laws, have a discussion regarding these topics, provide comments and/or ask questions of staff, and allow for the public to provide comments or ask questions.
bodyEXECUTIVE SUMMARY
The purpose of the workshop is to provide the Planning Commission with training in a workshop format on the new State laws passed in 2024. It is beneficial to the members of the Commission to have regular trainings and be aware of new laws annually. It’s helpful for Staff to regularly update the members of the Commission on existing and recently adopted State law and how it can affect projects and the process for development projects. Staff has brought forward a number of projects, particularly housing projects, in recent years which are in need of consistent review by the Commission. With more projects and items coming in the next few years, additional background in advance should be helpful in streamlining the Commission’s review and consideration of these items as they come forward for implementation.
BACKGROUND
The California Legislature considered a record number of bills in this past legislative session of 2024. They passed many new laws affecting housing, planning and land use, which the Governor signed into law, grouped into the following categories:
A. Housing Accountability Act (HAA) and Builder's Remedy
• AB 1893 - HAA reforms, including new safeguards for Builder's Remedy projects
• AB 1886 - clarifying that either the California Department of Housing and Community Development (HCD) or a court must confirm that a locality substantially complies with housing element law
• AB 1413 - reforms to process for challenging "CEQA-laundering" practices
B. Enforcement and Planning
• AB 2023 - establishes rebuttal presumption of invalidity if HCD determines an action does not comply with housing element law
• SB 1037 - penalties for housing element noncompliance
• AB 3093 - new income categories, coastal plan requirements and historic preservation reporting in housing elements
• AB 2667 - reporting requirements for affirmatively furthering fair housing
• SB 7 - reforms to the Regional Housing Needs Allocation (RHNA) allocation process
C. Streamlining
• AB 2243 - amendments to expand AB 2011 eligibility for housing projects on commercial sites
• AB 3122 - amendments to SB 35 and subdivision processing for housing on residential sites
• SB 1123 - amendments to SB 628 for housing projects and subdivisions up to 10 units
• AB 2694 - extends density bonus law to residential care facilities for the elderly
• SB 3116 - additional density bonus law benefits for student housing
• SB 951 - San Francisco exemption from appeals to California Coastal Commission
D. California Environmental Quality Act (CEQA)
• AB 2117 - development permit extension during pending litigation
• AB 2199 - county infill exemption extension
• SB 1395 - homeless shelter and navigation center exemption extensions
• SB 312 - university housing development exemption extension
• AB 2553 - major transit stop expansion
• AB 3057 - exemption for adoption of Junior Accessory Dwelling Unit (JADU) ordinances
E. Fees
• AB 2553 - lower traffic impact fees for housing development projects close to transit
• AB 3177 - limitation on land dedication requirements for road widening
• SB 937 - impact fee deferral
• AB 2430 - limitations on long-term affordable housing monitoring fees
• AB 2663 - inclusionary housing fee reports
• AB 2012 and AB 1820 - fee estimate tools
F. Accessory Dwelling Units (ADUs), SB 9 Lot Splits and Duplexes
• SB 1211 - increased number of detached ADUs for multifamily projects and relaxed requirements for parking and applicable development standards
• AB 2533 - extension of building code amnesty for noncompliant ADUs
• SB 450 - Relaxes criteria and legislative declarations supporting SB 9 lot splits, grants new HCD oversight and enforcement authority over SB 9, and requires local governments to approve or deny projects within 60 days. Denials must include a list of application deficiencies and how to address them; projects not denied within 60 days are automatically approved.
• SB 1077 - guidance for permitting for ADUs and JADUs in the coastal zone
G. Addressing Constraints on Housing Production
• AB 2729 - 18-month entitlement extension for residential developments
• SB 1210 - transparency in public utility service connection timelines and fees
• AB 2580 - reporting on historic designations
H. Affordable Housing and Financing
• AB 846 - aligns "affordable" rents with requirements of applicable financing programs, limits rent increases in low-income housing tax credit (LIHTC)-financed housing
• AB 1868 - reforms to property taxation for lower-income affordable homes
• ACA 10 and AB 2813 - reforms to Proposition 5 bond process for affordable housing
The following attachment provides more detail on each of the laws that may help with discussion as background or for reference.
ATTACHMENTS
1. New Housing Laws Summary January 2025