State Housing Laws

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State Housing Laws

The following list of housing-related laws is important in understanding State of California Affordable Housing laws that apply to all jurisdictions within California; this includes the City of Covina. These laws are intended to expand opportunities for affordable housing, ADU construction, and mixed-use development. If housing projects are proposed in conformance with California affordable housing laws, The City of Covina is compelled to approve those housing projects that have demonstrated to be in compliance with the applicable California affordable housing laws. Understanding these State of California Affordable Housing laws is essential to understanding potential housing projects proposed within, or adjacent to, the City of Covina. It should be noted, that affordable housing projects that comply with the applicable State of California statute(s) are not subject to discretionary review/approval by the City of Covina, those projects are still required to comply with California Building Codes and Fire Codes.

Per California State Law, effective February 1, 2012, Redevelopment Agencies across California are dissolved.

On December 29, 2011, in California Redevelopment Association, et al. v. Ana Matosantos, et al, Case No. S194861, the California Supreme Court upheld AB X1 26, and invalidated AB X1 27, and extended all statutory deadlines under AB X1 26, dissolving all redevelopment agencies throuthout the State effective February 1, 2012. On February 11, 2012, pursuant to Health and Safety Code Section 34173, by Resolution No 12-7041 the City of Covina elected to become the “successor agency” to the former Covina Redevelopment Agency. Upon dissolution of the Covina Redevelopment Agency on February 1, 2012, pursuant to Part 1.85 of Division 24 of the California Health and Safety Code, and except as provided under the CRL, the City of Covina assumed all authority, rights, powers, duties and obligations previously vested with the former Agency by Resolution 12-7041. AB X1 26 was amended through AB 1484, approved on June 27, 2012.

The City of Covina is the Successor entity to the Covina Redevelopment Agency.

HOUSING AUTHORITY

Per California State Law, effective February 1, 2012, Redevelopment Agencies across California are dissolved. Please see documents below

Housing Successor

The Covina Housing Authority is the Housing Successor to the Covina Redevelopment Agency. In accordance with the provisions of AB 987, a worksheet describing existing new and substantially rehabilitated housing units that were either developed or otherwise assisted with Low- and Moderate-Income Housing Funds, has been prepared and posted for public review. Please see the file linked below.

AB 987 Affordable Housing Database, a Public Database of Affordable Units and Enforceability

Also, in accordance with the law, this database does not include any property used to confidentially house victims of domestic violence.Please be aware that this is simply a listing of affordable housing that has been assisted with low- to moderate-income housing funds: it is not a listing of currently available housing.

To determine whether there are vacancies at any of the rental locations, please contact the apartment sites directly. Click the link below for the database

SB 341 Compliance Report

On January 1, 2014, Senate Bill 341 (SB 341) became effective, requiring each housing successor agency that assumed the housing functions of a former redevelopment agency to post a report on its website containing information regarding the Low- and Moderate-Income Housing Assets Fund (Fund) of the former redevelopment agency for the previous fiscal year.

Click the links below for the reports

There have been recent changes to the Starter Home Revitalization Act of 2021. The existing Act requires local agencies to ministerially approve certain housing development projects that, among other things, contain 10 or fewer residential units, are zoned multi-family residential development, are no larger than 5 acres, and create parcels no smaller than 600 square feet. Signed into law on September 19, 2024, the provisions of this new Act will take effect on July 1, 2025. SB 1123 will expand the Act’s applicability to include single-family residential lots, in addition to multifamily residential lots.

SB 1123 also prohibits local agencies from imposing height limits below those allowed by existing zoning for these lots and stops the sale of existing dwelling units on subdivided lots. If a city permits accessory dwelling units on these parcels, they will not count toward the ten-unit limit.

Senate Bill 4 (SB 4) added a new section to the California Government Code to expedite affordable housing development on lands owned by religious institutions and nonprofit higher education institutions, provided the land is owned as of January 1, 2024. Projects that meet specific criteria can be approved as a “use by right,” bypassing the need for conditional use permits or discretionary local government review, and are exempt from California Environmental Quality Act (CEQA) requirements. Local governments can apply objective development standards as long as they are broadly applicable and do not hinder the SB 4 approval process. SB 4 establishes conditions for development, including environmental considerations, proximity to industrial sites, affordability requirements, and labor standards. It also addresses zoning densities, processing deadlines, and off-street parking standards, limiting the breadth of allowable local parking requirements near transit facilities.

New legislation which considers housing an “allowable use” in zones where office, retail, or parking is a principally permitted use, even if the local zoning does not allow housing in those zones, if certain standards and regulations are met. SB 6 became effective on July 1, 2023 and will remain in effect until January 1, 2033.

SB 6 applies to “housing development projects” defined to include a wholly residential project or a mixed-use project consisting of “residential and nonresidential retail commercial or office uses,” where “at least 50 percent of the square footage of the new construction associated with the project is designated for residential use.” Under SB 6, a housing development project is deemed an allowable use on a parcel that is within certain commercial zones if it complies with all of the following requirements:

  • Project Zoning
  • Site Location
  • Project Site Size
  • Consistent with Sustainable Communities Strategy or Alternative Plan
  • Affordability
  • Applicable Standards and Requirements
  • Minimum Density
  • No Short-term Rentals
  • Demolition

Projects meeting SB 6 requirements are deemed compliant with HAA standards, limiting local agencies’ authority to disapprove or impose conditions, even if the local general plan does not allow residential uses. To qualify for SB 6, development proponents must certify to local agencies that specific labor requirements are met.

Originally enacted in 1979, California’s Density Bonus Law (Gov. Code §§65915 – 65918) allows developers to increase the density of a property beyond the maximum limits set by a jurisdiction’s General Plan Land Use Policy. In exchange for this increased density, a specific number of new affordable dwelling units must be reserved at below-market-rate (BMR) rents. Qualifying applicants may also receive reductions in required development standards. Greater benefits are available for projects that achieve higher percentages of affordability, with unlimited density permitted for certain transit-adjacent projects that are 100% BMR. In addition to granting rights to housing and mixed-use developments for increased density, the law includes three provisions that require local governments to approve qualifying projects: 1) incentives (or concessions) that provide cost reductions; 2) waivers of development standards that would otherwise prevent the project from being developed at the permitted density with the granted incentives; and 3) reductions in parking requirements.

Assembly Bill (AB) 1486 and AB 1255, passed in 2019, revised the Surplus Land Act (SLA) to promote affordable housing on surplus land in California, addressing the state’s housing crisis. Key changes include clearer reporting and enforcement guidelines for local agencies to ensure SLA compliance. AB 1486 took effect on January 1, 2020, prompting the Department of Housing and Community Development (HCD) to review notices from local agencies, investigate complaints, and collect compliance data. By January 1, 2021, HCD was is required to implement additional guidelines, including reviewing local agency notices, maintaining records of property restrictions, and working with the Attorney General to impose penalties for improper sales. The updated guidelines require local agencies to send notices of availability for surplus land and report annually on locally owned surplus sites. Housing sponsors can express interest in surplus land through HCD. Overall, these changes aim to facilitate the development of affordable housing on surplus land. Please consult the HCD’s Final Updated Surplus Land Act Guidelines for comprehensive information on this matter.

  • ADU: Accessory Dwelling Unit.
  • HCD: State of California Department of Housing and Community Development
  • HAA: California Housing Accountability Act
  • SCAG: Southern California Association of Governments
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