Over the past decade, the state legislature has expanded and amended state housing laws in recognition of the state’s critically low housing supply by streamlining housing approvals, limiting local discretion, requiring approval of compliant projects, and incentivizing higher-density development. These laws shift decision-making away from subjective local control and toward objective, standards-based approvals.
Housing Accountability Act (HAA)
The Housing Accountability Act (Government Code §65589.5) limits when a local agency can deny, reduce the density of, or make infeasible a housing development project. The law ensures that housing projects that comply with objective standards are approved.
The HAA applies to market-rate housing, affordable housing, mixed-use projects (at least two-third residential), and emergency shelters. A project must be approved if it complies with objective general plan, zoning, and subdivision standards in effect at the time the application is deemed complete. A project may only be denied if the city finds a specific, adverse impact on public health or safety and no feasible way to mitigate that impact. Cities generally cannot reduce the number of units or impose conditions that make the project infeasible.
Housing Crisis Act (SB 330)
The Housing Crisis Act of 2019 (SB 330) prevents cities from taking actions that reduce housing capacity or delay housing development by ensuring that cities cannot change the rules after a project is submitted.
Once an SB 330 preliminary application is submitted, cities cannot change zoning standards, add new design requirements, or increase fees in a way that makes the project infeasible. Cities are prohibited from reducing allowable residential density and limiting residential uses. Additionally, housing projects are limited to no more than five public hearings.
Density Bonus Law (SB 1818)
California’s Density Bonus Law (Government Code §65915) requires cities to grant additional density and regulatory incentives for housing projects that include affordable units. The law makes housing projects financially feasible while increasing the supply of affordable housing.
Projects qualify by including a specified percentage of very low-income units, lower-income units, and moderate-income units. As a result, projects may receive up to a 50% increase in density (or more in certain cases). Cities must grant incentives such as reduced setbacks, increased height, or reduced parking requirements, as well as waive development standards that would otherwise physically preclude the project.
Multifamily Permit Streamlining (SB 35)
SB 35 requires cities to ministerially approve qualifying multifamily housing projects if they are not meeting their state housing goals. SB 35 removes local discretion and dramatically speeds up approvals for qualifying projects.
Eligible projects are approved without discretionary review and are not subject to the California Environmental Quality Act (CEQA). To be eligible, projects must be located in jurisdictions not meeting Regional Housing Needs Allocation (RHNA) targets, comply with objective zoning standards, meet affordability requirements, and comply with labor standards.
Builder’s Remedy
The Builder’s Remedy applies when a city does not have a state-certified Housing Element. In these cases, developers may bypass local zoning restrictions. The Builder’s Remedy is a powerful enforcement tool that ensures cities comply with state housing law or lose control over land use decisions.
Developers may propose housing projects inconsistent with local zoning standards. To be eligible, projects must include a percentage of affordable housing or be 100% moderate-income housing. Cities may only deny projects under very narrow circumstances, similar to the Housing Accountability Act standard.Please note that the City of Mission Viejo has a state-certified Housing Element. Mission Viejo is not subject to Builder’s Remedy.
AB 130 (2025 CEQA Infill Housing Exemption)
AB 130 (2025) creates a broad statutory exemption from the California Environmental Quality Act (CEQA) for qualifying housing development projects. The law is intended to eliminate environmental review delays and significantly accelerate housing production and infill development.
The exemption applies to housing development projects, including multifamily housing, mixed-use projects (primarily residential), and supportive and transitional housing. Projects must generally be located in urban or infill areas, be on sites typically under approximately 20 acres, and be surrounded by or within existing development. Instead of full CEQA review, a Phase I Environmental Site Assessment may be required, and identified environmental hazards must still be addressed.