State Housing Laws | Carlsbad, CA

What new laws mean for Carlsbad

With new state housing laws designed to address California’s housing shortage, especially affordable housing, many of the tools Carlsbad has used to manage growth are no longer allowed. These new laws also significantly reduce a city’s discretion in approving new housing and put strict timelines on the approval process. If a city does not meet these new requirements, the consequences may include something called the “builders remedy,” which allows housing to be built at any location, height and density until the city complies with required housing laws, as determined by the state’s housing agency.

About this page

Given the volume and complexity of these new housing laws, and the implications for a city like Carlsbad, city staff have developed the information below to help residents understand what has changed and what the city is doing in response to help protect our quality of life.

In summarizing these issues, some nuances and details may not be included. Please use the links to read the source documents for complete information.

Housing Crisis Act

The California State Legislature passed Senate Bill 330, the Housing Crisis Act, to address the lack of housing production due to growing regulatory requirements, permit processing delays, and excessive impact and service fees that get imposed on new development and growth. It includes new procedures and legislative limitations on cities, with the goal of streamlining the approval process. This includes reducing the amount of time an agency has to approve or deny an application.

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SB-330 Housing Crisis Act of 2019

Relaxed parking requirements

Streamlined process for multifamily housing

Density

State density bonus law allows a developer to increase density (total number of homes) allowed on a property above the maximum set under a city’s local land use plan (Carlsbad General Plan) by as much as 100%. In addition, qualifying applicants can also receive reductions in required development standards such as setbacks and height limits when those standards prevent the applicant from achieving the density allowed under state law. Other tools include reduced or no parking requirements for certain project types.

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Density Bonus

Accessory dwelling units

Over the past decade, the state legislature has made several modifications to Government Code §65852, progressively making it easier and less expensive for property owners to build accessory dwelling units, often called ADUs. The state also passed a bill making it possible to obtain a retroactive building permit for an unpermitted accessory dwelling unit.

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Accessory Dwelling Units
Accessory Dwelling Units, Unpermitted

Housing on commercial and retail sites

Carlsbad’s response

The City of Carlsbad has taken steps to preserve as much local control as possible when it comes to new development:

Legislative advocacy

Approved housing plan

The City of Carlsbad has an approved “Housing Element,” which is a plan for how the city will meet its share of the region’s housing needs, as determined by the San Diego Association of Governments. Learn more about how the state determines housing requirements for the city, the process the city must follow to secure a certified Housing Element, the implications for failing to meet required state housing goals and an overview of the city’s 2021-2029 Housing Element.

More info
Carlsbad's Housing Plan ("Housing Element")

Updated growth management plan

The city has begun work on an updated growth management plan to help protect our future quality of life. The first step was a citizens committee that met for over a year to review and suggest updates to current standards for things like parks, roads and libraries. The City Council accepted a report with the committee’s recommendations and directed staff to continue work on the new plan.

More info
Growth management plan update

Design standards

Preserving our history