Planning staff outlines major 2023 state housing laws and local implementation challenges

Planning Department staff provided an informational presentation Dec. 6 summarizing several state laws enacted in 2023 that will affect planning review and historic‑resource considerations.

Kate Connor described AB 2011 (ministerial review for certain mixed‑income and 100% affordable projects), SB 423 (an extension and expansion of SB 35 that will make a 10% ministerial pathway more widely applicable), SB 4 (100% affordable projects by nonprofits and similar entities), AB 1287 (an additional density bonus for projects that provide more very‑low or moderate‑income units), and AB 114 (new timelines and completeness rules for post‑entitlement permits). Staff emphasized common eligibility features across the programs — objective standards, affordable‑unit requirements, labor and notification rules — and noted that multiple programs prohibit demolition of local, state or national historic resources as part of eligible projects.

Connor said staff expects an increase in informational public hearings for projects subject to SB 423’s pre‑application hearing requirement in certain equity maps, and that some projects that historically required Planning Commission discretionary review will now be eligible for ministerial review if they meet eligibility criteria (including local inclusionary requirements). She noted that AB 114’s permit timelines (15 business days for completeness determination; 30–60 business days for approval depending on project size) and the prohibition on public appeals of post‑entitlement permits will require coordinated interagency processes within the permit center.

Commissioners asked about local implications for historic resources and about specific projects already filed under AB 2011; staff listed several local filings and promised follow‑up briefings and guidance bulletins. Commissioners acknowledged the heavy implementation burden for staff and asked for additional briefings on specific program implementation.

Next steps: Planning staff will post guidance bulletins and continue interagency implementation work; the commission requested further informational sessions focused on preservation implications for local density bonuses and ministerial programs.