The state of California has passed several laws in recent years to address the need for more housing, especially affordable housing. These laws make it easier to get new housing approved by removing certain requirements, setting strict timelines for approval, and providing incentives to builders that include affordable housing or locate near transit centers, among other new provisions. The laws also limit a city's ability to deny new housing projects.

SB-330 Housing Crisis Act of 2019

Learn about the provisions, allowances and protections provided to certain housing development projects under SB-330. The bulletin has been updated consistent with SB-8.

AB-2011 Affordable Housing & High Roads Act

Assembly Bill (AB) 2011, the Affordable Housing & High Roads Act of 2022, allows residential development on property currently designated for commercial or retail use. This informational bulletin is intended to help the reader better understand the specific provisions allowed under AB-2011

This informational bulletin provides an overview of the Middle Class Housing Act which allows residential development on property that is currently designated for commercial or retail use.

SB-9 Housing Opportunity More Efficiency Act of 2021 

Learn how SB-9 allows certain property owners the ability to construct up to four housing units on a single-family lot. 

AB-2097 Parking Requirements
This bulletin provides an overview of the restrictions imposed by the state legislature under AB 2097 on the city’s ability to require minimum parking standards on certain private development projects.

Accessory Dwelling Units

This information bulletin describes the minimum development standards and application requirements for accessory dwelling units and junior accessory dwelling units.

Accessory Dwelling Units, Unpermitted

The purpose of this bulletin is to explain the intent of California Senate Bill 1226 and conditions by which it allows the city to legalize existing ADUs constructed without a building permit.

Density Bonus

This bulletin provides an overview of the allowances afforded housing projects that include affordable units under state density bonus law, and the city’s application and processing requirements. 

SB-35 Multifamily Housing Act

This bulletin provides an overview of the provisions, allowances and protections provided to certain multifamily housing development projects under SB-35. 

Implications for Carlsbad's Growth Management Plan

In 2017, the California Legislature passed SB 166, known as the No Net Loss Law, which requires local jurisdictions to ensure that their housing element inventories can accommodate, at all times throughout the planning period, their remaining unmet share of the regional housing need.

The California Department of Housing and Community Development has taken the following positions with respect to Carlsbad:

• Failure to meet the Growth Management Program performance standards cannot be used as a basis for implementing a moratorium that precludes meeting Carlsbad’s share of the regional housing need
• The Growth Management Program caps on housing cannot prevent the city from achieving consistency with the Housing Element inventory and SB 166. In 2019, the legislature passed SB 330, the Housing Crisis Act of 2019, which prohibits local jurisdictions from imposing moratoriums on housing development and using residential housing caps or other limits to regulate the number of housing units built within a jurisdiction.

• The state Department of Housing and Community Development considers a housing moratorium adopted due to non-compliance with a Growth Management Program performance standard would not be allowed under SB 330, and the city cannot use the growth cap limits specified in the Growth Management Program to limit or prohibit residential development.

The City Council adopted Resolution No. 2020-208 on October 20, 2020 finding that the moratorium requirements are unenforceable due to state law.

On April 6, 2021 the City adopted Resolution No. 2021-074 finding the city’s residential housing caps contained in the General Plan, Growth Management Program, Council Policy Statement 43, and the city’s municipal zoning code are preempted by state law and unenforceable.

Even though the city can no longer stop development, it can still work to maintain the performance standards in place.