KPIX: Berkeley rezoning affects our businesses
California has adopted a growing “stack” of state housing laws that override or constrain local zoning when it blocks new homes, especially near transit and in higher‑opportunity areas.[1][2]
SB 35 (2017) – Creates a ministerial, CEQA‑exempt approval path for qualifying housing projects in jurisdictions that are not meeting their Regional Housing Needs Allocation (RHNA) targets, if they meet objective standards and on‑site affordability/labor rules.[3]
SB 9 (2021) – Requires ministerial approval of up to two primary units on single‑family parcels and allows urban lot splits, effectively enabling up to four homes where only one was previously allowed, with very limited grounds for denial.[4][5]
SB 10 (2021) – Authorizes (but does not require) cities and counties to adopt ordinances, without CEQA review, allowing up to 10 units per parcel in transit‑rich or urban infill areas, and even to override certain voter‑adopted downzonings by a two‑thirds local vote.[6][3]
SB 79 (2025) – Upzones land within about a half‑mile of major rail, subway and bus rapid transit stops, allowing mid‑rise apartments (up to roughly 75 feet in some locations) regardless of stricter local zoning, with some affordability and anti‑displacement requirements; approvals are streamlined relative to typical discretionary review.[7][8]
AB 2011 (2022) – (On your list already) Creates by‑right / ministerial approval for qualifying mixed‑income and 100% affordable housing on commercial corridors (e.g., major arterials) if they meet standards on affordability, labor, and site eligibility (e.g., not on certain sensitive parcels).[2]
State Density Bonus Law (Gov. Code §65915, as amended by SB 290, etc.) – Requires local governments to grant density bonuses, concessions, and reduced parking for projects that include specified percentages of affordable units, limiting the ability of cities to use zoning standards to block such projects.[6]
Builder’s Remedy (strengthened by AB 1893, 2024) – Where a jurisdiction lacks a state‑certified Housing Element, qualifying projects with set affordability levels can obtain approval even when they exceed local zoning standards, with state‑set density caps and clarified inclusionary requirements under AB 1893.[1]
State ADU/JADU laws (multiple bills over 2016–2023) – Preempt many local ADU restrictions, requiring ministerial approval of at least one ADU (and often more) on most residential lots, capping parking and setback requirements, and forbidding many discretionary barriers that slow or block backyard units.[2][3]
SB 1123 (effective 2025) – Clarifies that ADUs and junior ADUs on certain streamlined sites do not count toward density limits and exempts projects from some standards such as lot frontage, further weakening local tools to limit units via technical zoning metrics.[2]
Housing Accountability Act (HAA, strengthened repeatedly since 2017) – Severely limits local governments’ ability to deny or downsize compliant housing projects, requiring written findings of specific, unmitigable health or safety impacts and enabling court remedies and fines when cities misuse zoning to block housing.[5]
State Housing Element Law + RHNA enforcement (various bills through 2024) – Forces cities to zone and plan for sufficient capacity at appropriate densities, with loss of some local permitting discretion and exposure to builder’s remedy and enforcement actions if they fail to adopt a compliant Housing Element.[1][9]
Affirmatively Furthering Fair Housing (AFFH) duties in Housing Element Law – Requires cities to identify and address patterns of segregation and disparities in access to opportunity, including in historically redlined or exclusionary areas, through zoning and site‑capacity changes that expand where affordable housing can be built.[10][11]
Recent “high‑opportunity area” siting rules for tax credits and state funding – State policies tied to LIHTC and other programs increasingly steer subsidized projects into higher‑opportunity, historically exclusionary neighborhoods by prioritizing such locations in scoring and funding, indirectly pushing zoning and entitlement changes in those areas.[12][1]
AB 1307 / related campus‑adjacent streamlining (2023+) – Narrowly targets CEQA and local zoning use around university housing; one major change removes certain noise‑impact arguments and limits grounds for challenging student and faculty housing projects near campuses.[2]
(Your noted AB‑893‑type concept) – There have been multiple proposals and some enacted streamlining around public university‑related housing and campus plans; they generally reduce CEQA/zoning barriers for on‑ or near‑campus projects that meet specified standards.[2]
Sources [1] California Housing Laws That Go into Effect in 2025 - Terner Center https://ternercenter.berkeley.edu/blog/california-housing-laws-that-go-into-effect-in-2025/
[2] California's 2025 Housing Laws: What You Need to Know | Insights https://www.hklaw.com/en/insights/publications/2024/11/californias-2025-housing-laws-what-you-need-to-know
[3] California Senate Bill 9 (SB 9) - Planning & Environmental Review https://planning.saccounty.net/pages/sb9_sb10_information.aspx
[4] [PDF] SB 9 Fact Sheet https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/sb-9-fact-sheet.pdf
[5] California Courts Reemphasize That State Housing Laws Prevail ... https://www.hklaw.com/en/insights/publications/2025/11/california-courts-reemphasize-that-state-housing-laws-prevail
[6] Governor Signs 31 New Housing Laws to Address State's Housing ... https://www.fennemorelaw.com/governor-signs-31-new-housing-laws-to-address-states-housing-crisis/
[7] California Legislature overrides local zoning to boost transit-oriented ... https://www.kpbs.org/news/economy/2025/09/15/california-legislature-overrides-local-zoning-to-boost-transit-oriented-development
[8] New California law overrules local zoning to boost housing https://calmatters.org/housing/2025/10/newsom-signs-massive-california-housing-overhaul/
[9] Governor Newsom builds on this year's historic housing reforms ... https://www.gov.ca.gov/2025/10/10/governor-newsom-builds-on-this-years-historic-housing-reforms-signs-legislation-to-accelerate-housing-and-affordability/
[10] [PDF] CHAPTER 22 POLICIES ADDRESSING Housing Segregation ... https://oag.ca.gov/system/files/media/ch22-ca-reparations.pdf
[11] How We Got Here: Housing Inequity - East Bay Housing Organizations https://ebho.org/study-room/path-to-housing-inequity/
[12] [PDF] Addressing the Discriminatory Impacts of Redlining and Highway ... https://innovation.luskin.ucla.edu/wp-content/uploads/2024/06/Addressing-the-Discriminatory-Impacts-of-Redlining-and-Highway-Development-in-California.pdf
[13] [PDF] Chapter 22 - Policies Addressing Housing Segregation and Unjust ... https://oag.ca.gov/system/files/media/ab3121-agenda11-ch22-policies-addressing-housing-segregation-and-unjust-property-takings-05062023.pdf
[14] Single-Family Zoning's Inherently Racist Origins Perpetuate ... https://www.ccbuilders.org/research/single-family-zonings-inherently-racist-origins-perpetuate-californias-housing-crisis-today
[15] California's Housing Crisis Rooted in Racist Zoning Laws | ACoM https://americancommunitymedia.org/housing/californias-housing-crisis-rooted-in-racist-zoning-laws/
[16] 50 years after being outlawed, redlining still drives neighborhood ... https://publichealth.berkeley.edu/articles/spotlight/research/50-years-after-being-outlawed-redlining-still-drives-neighborhood-health-inequities
[17] The Real Impact of California's Housing Density Bills: A Look at SB 9 ... https://www.cgs3.com/the-real-impact-of-californias-housing-density-bills-a-look-at-sb-9-and-sb-10/
[18] Zoning, Discrimination, and Affordable Housing - Cato Institute https://www.cato.org/multimedia/cato-video/zoning-discrimination-affordable-housing
[19] Newsom Approves Law to Speed Housing Near Transit https://www.constructionowners.com/news/newsom-approves-law-to-speed-housing-near-transit
[20] A Home for Digital Equity: Algorithmic Redlining and Property ... https://www.californialawreview.org/print/a-home-for-digital-equity