Assembly Bill (AB) 3068 (Haney, Quirk-Silva, and Wicks) would provide for the streamlined ministerial (i.e., no CEQA) approval of qualifying adaptive reuse projects involving the conversion of an existing building to residential or mixed-uses, as specified, where at least 50% of the project is dedicated to residential use. Qualifying adaptive reuse projects would be deemed “a use by right” regardless of the applicable zoning district, with the exception of any proposed non-residential uses. Assemblymember Matt Haney said AB 3068 is meant to tackle the state’s housing crisis by finding new uses for the glut of vacant offices in downtown areas across the state. However, AB 3068 is not limited to the conversion of existing office buildings and would allow for the adaptive reuse of other existing commercial buildings and under specified circumstances, light industrial buildings. On-site affordable housing and labor requirements would apply. AB 3068 and a slew of other housing bills are currently winding through the committee process prior to a vote.
As discussed in our prior alert, another proposed bill, AB 2243 (Wicks), seeks to amend AB 2011, which also provides for “by right” streamlined ministerial approval of qualifying mixed-income and affordable housing development projects along commercial corridors in zoning districts where office, retail, and/or parking uses are principally permitted. Among other things, AB 2243 would expand eligible projects to include conversions of existing office buildings that meet all other AB 2011 requirements, even if they are not along a commercial corridor.
Governor Gavin Newsom is supporting Assembly Bill (AB) 3093 (Ward), a bill that would require cities and counties to plan for potentially tens of thousands of new affordable homes for California’s poorest residents. The requirement would be part of the every-eight-years housing plans jurisdictions are already required to adopt pursuant to State Housing Element Law. Currently, local governments must plan to meet specific homebuilding targets set across a range of affordability levels, with the lowest level being for residents earning less than 50% of an area’s typical income. AB 3093 would split that category into three new levels between 0% and 50%. The new rules would apply to the next round of housing plans, which Bay Area localities must finalize by 2031.
Amid a 4.5 million home housing shortage, California’s Little Hoover Commission (LHC), a non-partisan, state-funded body, unveiled major changes to CEQA designed to improve housing construction times and costs. LHC found CEQA is heavily used for “non-environmental goals” and recommended, among other acts, exempting all infill housing from CEQA review and requiring greater standing to indefinitely challenge new construction. The LHC’s report details unintended abuses of CEQA: “It is an expensive and lengthy process that can add years to project timeframes. It can be used for purposes that have little relationship to environmental protection. Its strong bias toward the status quo means that it can be used to block projects that would help improve the environment.”
San Diego City Council members unanimously approved an ambitious plan on Tuesday to transform much of northeastern Mission Bay into climate-friendly marshland that can fight sea-level rise and pull carbon from the air. Supporters said the plan, which follows seven years of community debate, is a fair compromise between environmentalists and advocates for camping and other recreation like tennis, softball, and water skiing. But environmentalists said the plan caters too much to those interests, contending that more of the 505-acre area should become marshland because climate change is accelerating.
The seventh draft proved to be the charm for Los Gatos’ Housing Element, as the state approved the document in a May 3 letter. The document outlines plans to build 1,993 housing units, a stark contrast to the goal of 619 units in the town’s previous Housing Element. The document details plans to build the units largely through redevelopment, since space for new developments in the town is restricted by its geographical boundaries and wildfire risk.
Half Moon Bay planning commissioners approved a new apartment building for low-income senior farmworkers on Tuesday, following a protracted debate that drew a strongly worded threat of legal action from Governor Gavin Newsom over the delay. The 40-unit affordable housing project took on urgency last year after a mass shooting by a disgruntled farmworker revealed workers’ poor living conditions. In a letter following Newsom’s remarks, the head of the state’s Housing Accountability Unit told commissioners that state law limits their ability to reject affordable housing projects over questions of “character” if they meet local development standards.
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