AB 2243 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
AB 2243	CA	2024	D	Affordable housing incentives and financing, By-right zoning, Commercial land, Deadlines, Density Increases, Environmental review, Impact fees, Lands near transit, Other streamlining, Streamline application, Written findings, burden and standard of proof

Provided by Furman

Summary

Defines a regional mall as a site with at least 250,000 sq. ft. of permitted retail, where retail comprises at least two-thirds of permitted use, and includes at least two retail tenants of 10,000 sq. ft. or more.
Defines a neighborhood plan as a plan adopted by a local government before January 1, 2024, within 25 years of a development plan submission, covering less than half of the jurisdiction.

Allows housing development applications submitted on or before December 31, 2024 to elect either the regulations in effect at submission or those effective January 1, 2025.
Allows projects adjacent to sites with more than one-third industrial use, if the industrial use has been unoccupied for three years.

Prohibits projects requiring demolition of historic structures.
Requires projects within a neighborhood plan area to be located where multifamily housing is permitted.

Applies affordability requirements only to newly created units, not the entire project.
Removes the requirement to complete a Phase I environmental assessment prior to application, but requires completion as a condition of approval.
Adds requirements for housing located within 500 feet of a freeway, including:

Prohibits local governments from requiring additional common open space beyond what exists for conversions of nonresidential buildings to residential use.
Requires written determinations of consistency with objective standards within:

Requires jurisdictions to provide an exhaustive written list of conflicting standards.
Prohibits requests for new information upon resubmission beyond that list.
Bans discretionary review, even when projects use incentives, concessions, waivers, or development-standard reductions.
Limits demolition or use-change offset fees to the incremental public impact of the project.
Requires zoning maps to identify parcels subject to or exempt from the streamlined process.
Requires projects in the coastal zone to obtain a coastal development permit applying the objective standards of the certified local coastal program.
Clarifies how mixed-income housing is allowed along commercial corridors

Allows projects to qualify by providing deeper affordability than otherwise required.

Metropolitan jurisdictions: maximum local density or 80 units/acre in very-low-VMT areas.
Non-metropolitan jurisdictions: maximum local density or 70 units/acre in very-low-VMT areas.

Before January 1, 2027 to use at least 50% of allowable density, or 75% if within ½ mile of rail or BRT.
After January 1, 2027 to use at least 75% of allowable density.

Prohibits density limits on conversions of existing buildings unless new square footage exceeds 20% of total project area.

Average block size not exceeding three acres;
At least 5% open space; and
For 60% of non-corridor frontage, buildings must be within 10 feet of the street

Removes Phase I environmental assessment requirement prior to application, but requires completion as a condition of approval.

Applies the same freeway proximity health standards as above.
Prohibits additional common open-space requirements for nonresidential-to-residential conversions.

Establishes identical review timelines, written findings requirements, limits on resubmission requests, ban on discretionary review, fee limitations, coastal permitting requirements, zoning map designation, and Phase I environmental assessment approval condition as for Affordable Housing Developments in Commercial Zones.