Housing Laws in Action

Overview:

Over the last decade, the State of California Legislature has responded to the housing crisis by passing legislation to make it easier to build more housing. The County of San Diego has compiled information on recent housing legislation applicable to the unincorporated area.

This page provides resources, maps, and checklists to understand how new state housing laws apply in San Diego County. Each of these laws were passed to provide clear guidelines and improve the process for developing housing. The State Legislature continues to pass new bills each year and this page will be updated periodically to reflect new laws as they are enacted.

The County of San Diego complies with all state housing and land use bills as soon as they take effect.

Housing and Land Use Laws

Single Family Lot Splits (SB 9)

SB 9 (2021) allows development of up to 4 housing units on lots in certain single-family residential zones by allowing residential lots to split and build two units, one main housing unit and one Accessory Dwelling Unit (ADU).

See if your property qualifies for SB 9 on the Interactive SB 9 Map

Learn more about qualifying for SB 9 on the SB 9 Application User Guide

For more details on SB 9, visit the SB 9 Homepage

Starter Homes on Multifamily Lots (SB 684)

SB 684 (2023) allows certain projects to subdivide up to 10 lots to develop up to 10 housing units. Lot sizes can be subdivided down to 600 square feet.

See properties that may qualify on the Interactive SB 684 Map

Learn more about qualifying for SB 684 on the SB 684 Application Guide

Housing in Commercial Zones (SB 6)

SB 6 (2022), or the Middle Class Housing Act of 2022, allows housing in zones where retail, office, or parking are permitted uses. SB 6 creates both a ministerial and discretionary approval process for housing projects in these zones and allows densities up to 30 dwelling units per acre. The ministerial process requires some affordable housing and skilled labor requirements.

See properties that may qualify on the Interactive SB 6 Map

Learn more about qualifying for SB 6 on the SB 6 Application Guide

For more details on SB 6, visit the AB 2011 and SB 6 Homepage

Housing Along Large Commercial Streets (AB 2011)

AB 2011 (2022), or The Affordable Housing and High Road Jobs Act of 2022, allows 100% affordable housing developments in commercial zones and mixed income housing projects along large commercial streets. Allowed densities vary, but start at 30 dwelling units per acre and go higher for projects on large lots along commercial corridors. All mixed-use housing projects approved using AB 2011 are under the ministerial process and required to include affordable housing and pay prevailing wages.

See properties that may qualify on the Interactive AB 2011 Map

Learn more about qualifying for AB 2011 on the AB 2011 Application Guide for Affordable Housing and the AB 2011 Appplication Guide for Mixed-Income Housing

For more details on AB 2011, visit the AB 2011 and SB 6 Homepage

Faster Approval for Multifamily Developments (SB 35)

SB 35 (2017) creates a ministerial approval process for qualifying multifamily housing projects. These projects must include some affordable housing and pay prevailing wages as they are built.

See properties that may qualify on the Interactive SB 35 Map

Learn more about qualifying for SB 35 on the SB 35 Application User Guide

By-Right Approval for RHNA Sites (AB 1397)

AB 1397 (2017) is a state law that requires jurisdictions to implement a by-right approval process for housing developments on relisted sites. Eligible sites have been relisted from the previous 4th and 5th Cycle Housing Elements and are included in the County's 6th Cycle Housing Element Regional Housing Needs Assessment (RHNA) Site Inventory.

See properties that may qualify on the Eligibility Spreadsheet

Learn more about qualifying for AB 1397 on the AB 1397 Application Guide

For more details on AB 1397, visit the AB 1397 Home page

Preliminary Applications for Multi-unit Projects (SB 330)

The SB 330 (2019) preliminary application allows housing development projects to lock in ordinances, policies, and fees for their project up to 180 days prior to submitting a completed full application.

Eligible project types include:

Housing Projects of two or more housing units
Mixed-use Projects where two thirds of floor space is designated for residential use
Transitional, Supportive, or Emergency Housing
Farmworker Housing

Use SB 330 using this Preliminary Application Form.

Objective Design Standards

Objective design standards (ODS) strengthen local control over the design and appearance of future housing developments in applicable areas of the unincorporated county. By making design standards more predictable and easier to understand, the County will also streamline the permitting process for eligible projects to comply with new State laws.

Objective Design Standards were mandated by state law and are applicable for projects using SB 35, SB 330, AB 2011, SB 6, and other projects. According to state law, Objective Design Standards:

Involve no personal or subjective judgment
Are uniformly verifiable by an established and known benchmark

The objective checklists below have been created to provide measurable, verifiable, and clear objective design standards. The standards are based on Community Plan policies and Design Guidelines, as well as relevant policies from the General Plan and other adopted documents: