AB 2011 and SB 6
Updated: June 29, 2023
Assembly Bill 2011 (AB 2011) and Senate Bill 6 (SB 6), both effective on July 1, 2023, create processes and standards to permit residential development on sites zoned and designated for commercial and retail uses.
AB 2011 provides a CEQA-exempt, ministerial approval process for multi-family housing on sites within a zoning district where office, retail or parking are the principally permitted uses. The law provides different qualifying criteria and standards depending on whether the project is 100-percent affordable or mixed income along specified "commercial corridors." SB 2011 projects are subject to prevailing wage and other labor standards and requirements.
SB 6 developments may be either a 100 percent residential development or mixed-use project where at least 50-percent of the square footage is dedicated to residential uses on sites within a zoning district where office, retail or parking are the principally permitted uses. SB 6 projects are not exempt from CEQA and are not subject to minimum affordablity requirements beyond the requirements set forth in the City's Affordable Housing Ordinance. The legislation does specify that developments meeting SB 6 criteria may choose to invoke Senate Bill 35 (SB 35) and the Housing Accountability Act for a more streamlined process. SB 6 projects are required to pay prevailing wage and to utilize a skilled and trained workforce.
AB 2011/SB 6 Checklists and FAQs are coming soon!
Submitting an Application:
- Contact a City of Hayward Planner: Contact a planner by emailing planning.division@hayward-ca.gov or calling (510) 583-4216 to determine if the project site is eligible for the provisions of AB 2011 and/or SB 6 and application submittal materials. Please include the project address and a detailed description of your project.
- Register for an e-Permit Portal account: You must be a registered user of the Hayward e-Permit Portal before you can submit your application. Learn more about how to register on our e-Permit Portal help page.
- Apply for your Plan Type: Using the e-Permit Portal, apply for your Plan by completing the online application and attaching the required submittal materials. Learn more about how to apply for a Plan on our e-Permit Portal help page.
Required Submittal Materials:
The submittal items below are required for this project type(s). Please note that additional items may be required depending on the project scope.
- Project Plans: Project Plans, Project Data, Affordable Housing Plan, Landscape and Irrigation Plans, Grading, Utility and Drainage Plans, and Other Items, as applicable. (See Development Permit Checklist in Handouts for specifics)
- Project Narrative: A written description and explanation of the project.
- Owner Authorization Form (See Owner Authorization Form in Handouts)
- Plan Sharing Authorization Form (See Plan Sharing Authorization Form in Handouts)
- SB 6 & AB 2011 Affadavit
Project Review:
Applicants will be notified by email or can login to the e-Permit Portal for updates on their application. Development permit applications typically take three to 12 months to process depending on the entitlement process and whether environmental analysis is required. Estimated processing times do not include the time needed by the applicant to revise and resubmit their application.
Paying Fees:
After submitting your application through the e-Permits Portal, staff will reach out to coordinate payment. The initial application deposit for AB 2011/SB 6 applications is $2,000. If the cost to process the application exceeds this deposit, the applicant or owner must cover the cost. If the cost ends up being less than the deposit, the difference is refunded.
Plan - Requires Planning Director Approval: Submit online via e-Permits Portal
