To help facilitate the creation of new housing that meets the needs of lower income households and people experiencing homelessness, the State of California has passed several laws that create requirements for "by right" zoning.
The resources listed below are designed to help local jurisdictions in understanding and applying those laws as they:
- Implement rezoning for lower income housing as part of their housing element update process, and
- Adopt local ordinances and practices to facilitate the creation of supportive housing in their communities.
The California Department of Housing and Community Development (HCD) has created this By-Right Zoning Decision Flow Chart for jurisdictions to help accelerate housing production.
Government Code Sections 65583 and 65584.09 govern required rezoning related to a jurisdiction’s ability to meet their lower income Regional Housing Needs Allocation (RHNA) numbers and their promptness in completing this required rezoning. Bills relevant to these requirements have included Assembly Bills 2348 (2004), 1233 (2005) and 1397 (2017).
The options and requirements in the By-Right Rezoning Checklist will allow jurisdictions to confirm their changes to zoning are consistent with these parts of state law.
The California Department of Housing & Community Development created this By-Right Supportive Housing Model Ordinance.
The California Department of Housing & Community Development created this By-Right Supportive Housing Fact Sheet for jurisdictions to better understand Assembly Bill 2162 (AB 2162) — Chapter 753, statutes of 2018.
AB 2162 streamlines and expedites the approval of supportive housing to better address the need of Californians experiencing homelessness.
Specifically, AB 2162 requires supportive housing to be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. The legislation requires a local government to approve, within statutory timelines, a supportive housing development that complies with specified criteria.