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ARTICLE · 12 JULY 2023

AB 2011 Offers New Streamlined Approvals For Qualified Infill Development

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Effective July 1, 2023, a new chapter in the California Government Code provides for qualifying multifamily housing developments of five or more units to be a "by right" use and subject only to a streamlined ministerial review.

United StatesReal Estate and Construction
Joseph W. Haney III
Joseph W. Haney III
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Effective July 1, 2023, a new chapter in the California Government Code provides for qualifying multifamily housing developments of five or more units to be a "by right" use and subject only to a streamlined ministerial review. Passed as the Affordable Housing and High Road Jobs Act of 2022 (AB 2011), these new provisions target urban infill development of affordable housing in commercial zones and mixed-income housing along commercial corridors.

Broadly speaking, eligible properties must be located within urban areas or urban clusters on parcels zoned for office, retail or parking as a principally permitted use. In addition, at least 75% of the perimeter of the site must adjoin parcels developed with urban use. However, the parcel may not be adjacent to a site where more than one-third of the square footage is dedicated to industrial use (i.e., utilities, manufacturing, transportation storage and maintenance facilities and warehouse uses). Mixed-income housing

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