AB 2011 and SB 6 were signed into law on September 28, 2022, and became effective on July 1, 2023. Both laws allow multifamily residential development as a permitted use in zones where office, retail, or parking are principally permitted uses. These laws are designed to facilitate the development of affordable and middle-class housing on commercially zoned sites. By repurposing underutilized commercial spaces for residential use, AB 2011 and SB 6 aim to streamline the approval process for housing projects while ensuring fair labor practices and addressing the urgent need for more housing in California.

AB 2011, also known as the Affordable Housing and High Road Jobs Act of 2022, is a law that facilitates development of affordable housing on sites zoned for commercial use. AB 2011 allows a by-right ministerial approval process for either a 100% Affordable or a Mixed-Income (mixed-use) project. The streamlined review process is for projects with 150 units or less to be processed within 90 days of submittal, or projects with over 150 units to be processed within 180 days.

A 100% Affordable project requires the entire development to be dedicated to lower-income (80% AMI) households, and must meet the City's zoning regulations for the site it is to be developed on. Whereas a Mixed-Income project prescribes specific density, height, and setback requirements. In addition, Mixed-Income projects are required to front a commercial corridor, which is defined as a street that is 70 to 150 feet in width.

SB 6, also known as the Middle Class Housing Act of 2022, encourages residential development on commercial sites. SB 6 projects must follow existing approval processes, and the law also allows for two types of projects: Residential Only and Mixed-Use. Mixed-Use projects are required to designate 50% of the square footage as residential. In addition, SB 6 projects are not required to include affordable housing, but are required to comply with the City's local inclusionary housing regulations found in Chapter 30.41. However, SB 6 does require more prescriptive labor standards than AB 2011, and SB 6 projects are subject to both CEQA and the Coastal Act. 

The City of Encinitas created the following map as a tool to screen for potential eligible sites that may be developed under AB 2011 or SB 6 below. This tool is provided for general reference only. Please consult with City of Encinitas staff for questions or to verify the accuracy of the information contained therein.