Amended IN Assembly April 21, 2022 Amended IN Assembly March 29, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2295Introduced by Assembly Member Bloom(Coauthor: Assembly Member Robert Rivas)February 16, 2022 An act to add Article 6 (commencing with Section 17505) to Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, relating to housing. An act to add Section 65914.7 to the Government Code, relating to housing.LEGISLATIVE COUNSEL'S DIGESTAB 2295, as amended, Bloom. Local educational agencies: housing development projects.(1) Existing law, the Planning and Zoning Law, requires that the legislative body of each county and each city adopt a comprehensive, long-term general plan for the physical development of the county and city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. Existing law generally requires each local agency to comply with all applicable building ordinances and zoning ordinances of the county or city in which the territory of the local agency is situated, but, among other things, authorizes the governing board of a school district that has complied with specified law, by a 2/3 vote of its members, to render a city or county zoning ordinance inapplicable to a proposed use of property by the school district, unless the proposed use of the property is for nonclassroom facilities, as provided.This bill, notwithstanding any inconsistent provision of a citys or countys general plan, specific plan, zoning ordinance, or regulation, would require that a qualified housing development on land owned by a local educational agency be an authorized use if the housing development complies with certain conditions. Among these conditions, the bill would require the housing development to consist of at least 10 units, be subject to a recorded deed restriction for at least 55 years requiring that at least 30% of the units have an affordable rent for lower income households, as those terms are defined, at least 20% of the units be occupied by teachers and employees of a local educational agency at rents that do not exceed 120% of the area median income, and 100% of the units be rented by teachers and employees of the local educational agency, except as specified. This bill would authorize a city or county to impose objective zoning standards, objective subdivision standards, and objective design review standards, as defined, that do not conflict with these provisions unless those standards would have the effect of physically precluding the construction of a qualified development project of less than or equal to 3 stories and 30 feet in height. This bill would deem a qualified housing development consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan. The bill would prohibit a city or county from imposing any development standards on a housing development project under these provisions.This bill would deem a housing development project an allowable use on any real property owned by a local educational agency, as defined, if the housing development satisfies certain conditions, including other local objective zoning standards, objective subdivision standards, and objective design review standards, as described. The bill would deem a housing development that meets these requirements consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan. The bill, among other things, would authorize the land used for the development of the housing development to be jointly used or jointly occupied by the local educational agency and any other party, subject to specified requirements. The bill would exempt a housing development project subject to these provisions from various requirements regarding the disposal of surplus land.(2)The Field Act requires the Department of General Services, under the police power of the state, to supervise the design and construction of any school building or the reconstruction or alteration of or addition to any school building, if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations and that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.This bill would exempt a housing development project authorized under these provisions from the requirements of the Field Act. (3)(2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.(4)(3) By adding to the duties of local planning officials, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1.Article 6 (commencing with Section 17505) is added to Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, to read:6.Housing Development Projects17505.For purposes of this article:(a)Affordable rent has the same meaning as set forth in Section 50053 of the Health and Safety Code.(b)Local educational agency means a school district, county office of education, or charter school.(c)Lower income households means the same as defined in Section 50079.5 of the Health and Safety Code.(d)Qualified housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code that meets all of the following requirements:(1)The housing development consists of at least 10 housing units. (2)At least 30 percent of the units of the housing development will be rented and occupied by lower income households at an affordable rent.(3)At least 20 percent of the housing developments units will be rented and occupied by teachers and employees of a local educational agency at a rent that does not exceed 120 percent of the area median income, to reflect the diversity of the school districts and pay scales.(4)The housing development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any housing units required under paragraphs (2) and (3) shall remain available at the affordable rent established in paragraphs (2) and (3) for no less than 55 years.(5)A local educational agency shall maintain ownership of a qualified housing development project for the length of the 55 year affordability requirement. (6)One hundred percent of the units of the housing development shall be rented by teachers and employees of the local educational agency. If the local educational agency receives an insufficient number of teachers and employees to apply for and occupy the units, the unoccupied units may be offered to lower income households that do not include a teacher or employee of the local educational agency.(7)When units in a qualified housing development become unoccupied and available for rent, a local educational agency shall first offer such units to teachers and employees. If a local educational agency receives an insufficient number of applications from teachers and employees, the unoccupied units may be offered to lower income households that do not include a teacher or employee of the local educational agency.17506.(a)Notwithstanding any inconsistent provision of a citys or countys general plan, specific plan, zoning ordinance, or regulation, a qualified housing development project shall be deemed an authorized use on any real property owned by a local educational agency.(b)(1)Notwithstanding any local law and except as provided in subdivision (d) of Section 17505, a city or county may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.(2)A city or county shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that have the effect of physically precluding the construction of a qualified development project of less than or equal to three stories and 30 feet in height.(3)For purposes of this section, the terms objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.(4)A qualified housing development shall be deemed consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan.(c)Notwithstanding Article 3 (commencing with Section 17280) of Chapter 3 and Article 6 (commencing with Section 17365) of Chapter 3, a qualified housing development project on real property owned by a local educational agency shall not be subject to oversight and approval by the Department of General Services.(d)Notwithstanding any other law, the funds derived from a qualified housing development project on real property owned by a local educational agency may be used for general operating purposes of the local educational agency.(e)Subject to the requirements of Article 8 (commencing with Section 17515) and Article 9 (commencing with Section 17527), any land used for the development of a qualified housing development project may be jointly used or jointly occupied by the local educational agency and any other party.17507.Any land used for the development of a qualified housing development project subject to this article shall be exempt from the requirements of all of the following:(a)Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code.(b)Article 2 (commencing with Section 17230) of Chapter 1 of this code.(c)Article 4 (commencing with Section 17455) of this code. 17508.The Legislature finds and declares that this article addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article applies to all cities, including charter cities.SECTION 1. Section 65914.7 is added to the Government Code, to read:65914.7. (a) Notwithstanding any law, a housing development project shall be deemed an allowable use on any real property owned by a local educational agency if the housing development satisfies all of the following:(1) The housing development consists of at least 10 housing units.(2) The housing development shall have a recorded deed restriction that ensures, for a period of at least 55 years, that the majority of the units of the housing development shall be set at an affordable rent to lower income or moderate-income households. However, at least 30 percent of the units shall be affordable to lower income households.(3) One hundred percent of the units of the housing development shall be rented by local educational agency employees, local public employees, and general members of the public pursuant to the following procedures:(A) A local educational agency shall first offer the units to the agencys local educational agency employees.(B) If the local educational agency receives an insufficient number of local educational agency employees to apply for and occupy the units, the unoccupied units may be offered to local public employees who work for a local agency within the jurisdiction of the local educational agency.(C) If the local agency receives an insufficient number of local public employees to apply for and occupy the units, the unoccupied units may be offered to general members of the public.(D) When units in the housing development become unoccupied and available for rent, a local educational agency shall first offer the units to the agencys local educational agency employees.(4) The residential density for the housing development, as measured on the development footprint, shall be the greater of the following:(A) The residential density allowed on the parcel by the city or county, as applicable.(B) The applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2.(5) The height limit for the housing development shall be the greater of the following:(A) The height limit allowed on the parcel by the city or county, as applicable.(B) Thirty feet.(6) The property is adjacent to a property that permits residential uses.(7) (A) The housing development shall satisfy other local objective zoning standards, objective subdivision standards, and objective design review standards that do not preclude the housing development from achieving the residential density permitted pursuant to paragraph (4) or the height permitted pursuant to paragraph (5).(B) For purposes of this section, the terms objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the city or county, as applicable, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.(b) Notwithstanding other law, a housing development that meets the requirements of this section shall be deemed consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan.(c) The local educational agency shall maintain ownership of a housing development that meets the requirements of this section for the length of the 55-year affordability requirement described in paragraph (2) of subdivision (a).(d) Subject to the requirements of Article 8 (commencing with Section 17515) and Article 9 (commencing with Section 17527) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, any land used for the development of a housing development that meets the requirements of this section may be jointly used or jointly occupied by the local educational agency and any other party.(e) Any land used for the development of a housing development that meets the requirements of this section shall be exempt from the requirements of all of the following:(1) Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.(2) Article 2 (commencing with Section 17230) of Chapter 1 of Part 10.5 of Division 1 of Title 1 of the Education Code.(3) Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code.(f) For purposes of this section, the following definitions shall apply:(1) Affordable rent has the same meaning as in Section 50053 of the Health and Safety Code.(2) Development footprint means the portion of the property that is developed for the housing development, inclusive of parking and roadways developed internal to the site to serve the housing development, and other aboveground improvements developed to serve the housing development.(3) Local agency means a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.(4) Local educational agency means a school district or county office of education.(5) Local educational agency employee has the same meaning as teacher or school district employee, as defined in subdivision (c) of Section 53572 of the Health and Safety Code.(6) Local public employee has the same meaning as defined in subdivision (b) of Section 53572 of the Health and Safety Code.(7) Lower income households has the same meaning as in Section 50079.5 of the Health and Safety Code.(8) Moderate-income households has the same meaning as in Section 50093 of the Health and Safety Code.SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 65914.7 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
Amended IN Assembly April 21, 2022 Amended IN Assembly March 29, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2295Introduced by Assembly Member Bloom(Coauthor: Assembly Member Robert Rivas)February 16, 2022 An act to add Article 6 (commencing with Section 17505) to Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, relating to housing. An act to add Section 65914.7 to the Government Code, relating to housing.LEGISLATIVE COUNSEL'S DIGESTAB 2295, as amended, Bloom. Local educational agencies: housing development projects.(1) Existing law, the Planning and Zoning Law, requires that the legislative body of each county and each city adopt a comprehensive, long-term general plan for the physical development of the county and city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. Existing law generally requires each local agency to comply with all applicable building ordinances and zoning ordinances of the county or city in which the territory of the local agency is situated, but, among other things, authorizes the governing board of a school district that has complied with specified law, by a 2/3 vote of its members, to render a city or county zoning ordinance inapplicable to a proposed use of property by the school district, unless the proposed use of the property is for nonclassroom facilities, as provided.This bill, notwithstanding any inconsistent provision of a citys or countys general plan, specific plan, zoning ordinance, or regulation, would require that a qualified housing development on land owned by a local educational agency be an authorized use if the housing development complies with certain conditions. Among these conditions, the bill would require the housing development to consist of at least 10 units, be subject to a recorded deed restriction for at least 55 years requiring that at least 30% of the units have an affordable rent for lower income households, as those terms are defined, at least 20% of the units be occupied by teachers and employees of a local educational agency at rents that do not exceed 120% of the area median income, and 100% of the units be rented by teachers and employees of the local educational agency, except as specified. This bill would authorize a city or county to impose objective zoning standards, objective subdivision standards, and objective design review standards, as defined, that do not conflict with these provisions unless those standards would have the effect of physically precluding the construction of a qualified development project of less than or equal to 3 stories and 30 feet in height. This bill would deem a qualified housing development consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan. The bill would prohibit a city or county from imposing any development standards on a housing development project under these provisions.This bill would deem a housing development project an allowable use on any real property owned by a local educational agency, as defined, if the housing development satisfies certain conditions, including other local objective zoning standards, objective subdivision standards, and objective design review standards, as described. The bill would deem a housing development that meets these requirements consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan. The bill, among other things, would authorize the land used for the development of the housing development to be jointly used or jointly occupied by the local educational agency and any other party, subject to specified requirements. The bill would exempt a housing development project subject to these provisions from various requirements regarding the disposal of surplus land.(2)The Field Act requires the Department of General Services, under the police power of the state, to supervise the design and construction of any school building or the reconstruction or alteration of or addition to any school building, if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations and that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.This bill would exempt a housing development project authorized under these provisions from the requirements of the Field Act. (3)(2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.(4)(3) By adding to the duties of local planning officials, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly April 21, 2022 Amended IN Assembly March 29, 2022
Amended IN Assembly April 21, 2022
Amended IN Assembly March 29, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2295
Introduced by Assembly Member Bloom(Coauthor: Assembly Member Robert Rivas)February 16, 2022
Introduced by Assembly Member Bloom(Coauthor: Assembly Member Robert Rivas)
February 16, 2022
An act to add Article 6 (commencing with Section 17505) to Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, relating to housing. An act to add Section 65914.7 to the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2295, as amended, Bloom. Local educational agencies: housing development projects.
(1) Existing law, the Planning and Zoning Law, requires that the legislative body of each county and each city adopt a comprehensive, long-term general plan for the physical development of the county and city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. Existing law generally requires each local agency to comply with all applicable building ordinances and zoning ordinances of the county or city in which the territory of the local agency is situated, but, among other things, authorizes the governing board of a school district that has complied with specified law, by a 2/3 vote of its members, to render a city or county zoning ordinance inapplicable to a proposed use of property by the school district, unless the proposed use of the property is for nonclassroom facilities, as provided.This bill, notwithstanding any inconsistent provision of a citys or countys general plan, specific plan, zoning ordinance, or regulation, would require that a qualified housing development on land owned by a local educational agency be an authorized use if the housing development complies with certain conditions. Among these conditions, the bill would require the housing development to consist of at least 10 units, be subject to a recorded deed restriction for at least 55 years requiring that at least 30% of the units have an affordable rent for lower income households, as those terms are defined, at least 20% of the units be occupied by teachers and employees of a local educational agency at rents that do not exceed 120% of the area median income, and 100% of the units be rented by teachers and employees of the local educational agency, except as specified. This bill would authorize a city or county to impose objective zoning standards, objective subdivision standards, and objective design review standards, as defined, that do not conflict with these provisions unless those standards would have the effect of physically precluding the construction of a qualified development project of less than or equal to 3 stories and 30 feet in height. This bill would deem a qualified housing development consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan. The bill would prohibit a city or county from imposing any development standards on a housing development project under these provisions.This bill would deem a housing development project an allowable use on any real property owned by a local educational agency, as defined, if the housing development satisfies certain conditions, including other local objective zoning standards, objective subdivision standards, and objective design review standards, as described. The bill would deem a housing development that meets these requirements consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan. The bill, among other things, would authorize the land used for the development of the housing development to be jointly used or jointly occupied by the local educational agency and any other party, subject to specified requirements. The bill would exempt a housing development project subject to these provisions from various requirements regarding the disposal of surplus land.(2)The Field Act requires the Department of General Services, under the police power of the state, to supervise the design and construction of any school building or the reconstruction or alteration of or addition to any school building, if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations and that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.This bill would exempt a housing development project authorized under these provisions from the requirements of the Field Act. (3)(2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.(4)(3) By adding to the duties of local planning officials, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
(1) Existing law, the Planning and Zoning Law, requires that the legislative body of each county and each city adopt a comprehensive, long-term general plan for the physical development of the county and city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. Existing law generally requires each local agency to comply with all applicable building ordinances and zoning ordinances of the county or city in which the territory of the local agency is situated, but, among other things, authorizes the governing board of a school district that has complied with specified law, by a 2/3 vote of its members, to render a city or county zoning ordinance inapplicable to a proposed use of property by the school district, unless the proposed use of the property is for nonclassroom facilities, as provided.
This bill, notwithstanding any inconsistent provision of a citys or countys general plan, specific plan, zoning ordinance, or regulation, would require that a qualified housing development on land owned by a local educational agency be an authorized use if the housing development complies with certain conditions. Among these conditions, the bill would require the housing development to consist of at least 10 units, be subject to a recorded deed restriction for at least 55 years requiring that at least 30% of the units have an affordable rent for lower income households, as those terms are defined, at least 20% of the units be occupied by teachers and employees of a local educational agency at rents that do not exceed 120% of the area median income, and 100% of the units be rented by teachers and employees of the local educational agency, except as specified. This bill would authorize a city or county to impose objective zoning standards, objective subdivision standards, and objective design review standards, as defined, that do not conflict with these provisions unless those standards would have the effect of physically precluding the construction of a qualified development project of less than or equal to 3 stories and 30 feet in height. This bill would deem a qualified housing development consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan. The bill would prohibit a city or county from imposing any development standards on a housing development project under these provisions.
This bill would deem a housing development project an allowable use on any real property owned by a local educational agency, as defined, if the housing development satisfies certain conditions, including other local objective zoning standards, objective subdivision standards, and objective design review standards, as described. The bill would deem a housing development that meets these requirements consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan. The bill, among other things, would authorize the land used for the development of the housing development to be jointly used or jointly occupied by the local educational agency and any other party, subject to specified requirements. The bill would exempt a housing development project subject to these provisions from various requirements regarding the disposal of surplus land.
(2)The Field Act requires the Department of General Services, under the police power of the state, to supervise the design and construction of any school building or the reconstruction or alteration of or addition to any school building, if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations and that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.
This bill would exempt a housing development project authorized under these provisions from the requirements of the Field Act.
(3)
(2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(4)
(3) By adding to the duties of local planning officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.Article 6 (commencing with Section 17505) is added to Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, to read:6.Housing Development Projects17505.For purposes of this article:(a)Affordable rent has the same meaning as set forth in Section 50053 of the Health and Safety Code.(b)Local educational agency means a school district, county office of education, or charter school.(c)Lower income households means the same as defined in Section 50079.5 of the Health and Safety Code.(d)Qualified housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code that meets all of the following requirements:(1)The housing development consists of at least 10 housing units. (2)At least 30 percent of the units of the housing development will be rented and occupied by lower income households at an affordable rent.(3)At least 20 percent of the housing developments units will be rented and occupied by teachers and employees of a local educational agency at a rent that does not exceed 120 percent of the area median income, to reflect the diversity of the school districts and pay scales.(4)The housing development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any housing units required under paragraphs (2) and (3) shall remain available at the affordable rent established in paragraphs (2) and (3) for no less than 55 years.(5)A local educational agency shall maintain ownership of a qualified housing development project for the length of the 55 year affordability requirement. (6)One hundred percent of the units of the housing development shall be rented by teachers and employees of the local educational agency. If the local educational agency receives an insufficient number of teachers and employees to apply for and occupy the units, the unoccupied units may be offered to lower income households that do not include a teacher or employee of the local educational agency.(7)When units in a qualified housing development become unoccupied and available for rent, a local educational agency shall first offer such units to teachers and employees. If a local educational agency receives an insufficient number of applications from teachers and employees, the unoccupied units may be offered to lower income households that do not include a teacher or employee of the local educational agency.17506.(a)Notwithstanding any inconsistent provision of a citys or countys general plan, specific plan, zoning ordinance, or regulation, a qualified housing development project shall be deemed an authorized use on any real property owned by a local educational agency.(b)(1)Notwithstanding any local law and except as provided in subdivision (d) of Section 17505, a city or county may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.(2)A city or county shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that have the effect of physically precluding the construction of a qualified development project of less than or equal to three stories and 30 feet in height.(3)For purposes of this section, the terms objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.(4)A qualified housing development shall be deemed consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan.(c)Notwithstanding Article 3 (commencing with Section 17280) of Chapter 3 and Article 6 (commencing with Section 17365) of Chapter 3, a qualified housing development project on real property owned by a local educational agency shall not be subject to oversight and approval by the Department of General Services.(d)Notwithstanding any other law, the funds derived from a qualified housing development project on real property owned by a local educational agency may be used for general operating purposes of the local educational agency.(e)Subject to the requirements of Article 8 (commencing with Section 17515) and Article 9 (commencing with Section 17527), any land used for the development of a qualified housing development project may be jointly used or jointly occupied by the local educational agency and any other party.17507.Any land used for the development of a qualified housing development project subject to this article shall be exempt from the requirements of all of the following:(a)Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code.(b)Article 2 (commencing with Section 17230) of Chapter 1 of this code.(c)Article 4 (commencing with Section 17455) of this code. 17508.The Legislature finds and declares that this article addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article applies to all cities, including charter cities.SECTION 1. Section 65914.7 is added to the Government Code, to read:65914.7. (a) Notwithstanding any law, a housing development project shall be deemed an allowable use on any real property owned by a local educational agency if the housing development satisfies all of the following:(1) The housing development consists of at least 10 housing units.(2) The housing development shall have a recorded deed restriction that ensures, for a period of at least 55 years, that the majority of the units of the housing development shall be set at an affordable rent to lower income or moderate-income households. However, at least 30 percent of the units shall be affordable to lower income households.(3) One hundred percent of the units of the housing development shall be rented by local educational agency employees, local public employees, and general members of the public pursuant to the following procedures:(A) A local educational agency shall first offer the units to the agencys local educational agency employees.(B) If the local educational agency receives an insufficient number of local educational agency employees to apply for and occupy the units, the unoccupied units may be offered to local public employees who work for a local agency within the jurisdiction of the local educational agency.(C) If the local agency receives an insufficient number of local public employees to apply for and occupy the units, the unoccupied units may be offered to general members of the public.(D) When units in the housing development become unoccupied and available for rent, a local educational agency shall first offer the units to the agencys local educational agency employees.(4) The residential density for the housing development, as measured on the development footprint, shall be the greater of the following:(A) The residential density allowed on the parcel by the city or county, as applicable.(B) The applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2.(5) The height limit for the housing development shall be the greater of the following:(A) The height limit allowed on the parcel by the city or county, as applicable.(B) Thirty feet.(6) The property is adjacent to a property that permits residential uses.(7) (A) The housing development shall satisfy other local objective zoning standards, objective subdivision standards, and objective design review standards that do not preclude the housing development from achieving the residential density permitted pursuant to paragraph (4) or the height permitted pursuant to paragraph (5).(B) For purposes of this section, the terms objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the city or county, as applicable, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.(b) Notwithstanding other law, a housing development that meets the requirements of this section shall be deemed consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan.(c) The local educational agency shall maintain ownership of a housing development that meets the requirements of this section for the length of the 55-year affordability requirement described in paragraph (2) of subdivision (a).(d) Subject to the requirements of Article 8 (commencing with Section 17515) and Article 9 (commencing with Section 17527) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, any land used for the development of a housing development that meets the requirements of this section may be jointly used or jointly occupied by the local educational agency and any other party.(e) Any land used for the development of a housing development that meets the requirements of this section shall be exempt from the requirements of all of the following:(1) Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.(2) Article 2 (commencing with Section 17230) of Chapter 1 of Part 10.5 of Division 1 of Title 1 of the Education Code.(3) Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code.(f) For purposes of this section, the following definitions shall apply:(1) Affordable rent has the same meaning as in Section 50053 of the Health and Safety Code.(2) Development footprint means the portion of the property that is developed for the housing development, inclusive of parking and roadways developed internal to the site to serve the housing development, and other aboveground improvements developed to serve the housing development.(3) Local agency means a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.(4) Local educational agency means a school district or county office of education.(5) Local educational agency employee has the same meaning as teacher or school district employee, as defined in subdivision (c) of Section 53572 of the Health and Safety Code.(6) Local public employee has the same meaning as defined in subdivision (b) of Section 53572 of the Health and Safety Code.(7) Lower income households has the same meaning as in Section 50079.5 of the Health and Safety Code.(8) Moderate-income households has the same meaning as in Section 50093 of the Health and Safety Code.SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 65914.7 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
For purposes of this article:
(a)Affordable rent has the same meaning as set forth in Section 50053 of the Health and Safety Code.
(b)Local educational agency means a school district, county office of education, or charter school.
(c)Lower income households means the same as defined in Section 50079.5 of the Health and Safety Code.
(d)Qualified housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code that meets all of the following requirements:
(1)The housing development consists of at least 10 housing units.
(2)At least 30 percent of the units of the housing development will be rented and occupied by lower income households at an affordable rent.
(3)At least 20 percent of the housing developments units will be rented and occupied by teachers and employees of a local educational agency at a rent that does not exceed 120 percent of the area median income, to reflect the diversity of the school districts and pay scales.
(4)The housing development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any housing units required under paragraphs (2) and (3) shall remain available at the affordable rent established in paragraphs (2) and (3) for no less than 55 years.
(5)A local educational agency shall maintain ownership of a qualified housing development project for the length of the 55 year affordability requirement.
(6)One hundred percent of the units of the housing development shall be rented by teachers and employees of the local educational agency. If the local educational agency receives an insufficient number of teachers and employees to apply for and occupy the units, the unoccupied units may be offered to lower income households that do not include a teacher or employee of the local educational agency.
(7)When units in a qualified housing development become unoccupied and available for rent, a local educational agency shall first offer such units to teachers and employees. If a local educational agency receives an insufficient number of applications from teachers and employees, the unoccupied units may be offered to lower income households that do not include a teacher or employee of the local educational agency.
(a)Notwithstanding any inconsistent provision of a citys or countys general plan, specific plan, zoning ordinance, or regulation, a qualified housing development project shall be deemed an authorized use on any real property owned by a local educational agency.
(b)(1)Notwithstanding any local law and except as provided in subdivision (d) of Section 17505, a city or county may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2)A city or county shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that have the effect of physically precluding the construction of a qualified development project of less than or equal to three stories and 30 feet in height.
(3)For purposes of this section, the terms objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(4)A qualified housing development shall be deemed consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan.
(c)Notwithstanding Article 3 (commencing with Section 17280) of Chapter 3 and Article 6 (commencing with Section 17365) of Chapter 3, a qualified housing development project on real property owned by a local educational agency shall not be subject to oversight and approval by the Department of General Services.
(d)Notwithstanding any other law, the funds derived from a qualified housing development project on real property owned by a local educational agency may be used for general operating purposes of the local educational agency.
(e)Subject to the requirements of Article 8 (commencing with Section 17515) and Article 9 (commencing with Section 17527), any land used for the development of a qualified housing development project may be jointly used or jointly occupied by the local educational agency and any other party.
Any land used for the development of a qualified housing development project subject to this article shall be exempt from the requirements of all of the following:
(a)Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code.
(b)Article 2 (commencing with Section 17230) of Chapter 1 of this code.
(c)Article 4 (commencing with Section 17455) of this code.
The Legislature finds and declares that this article addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article applies to all cities, including charter cities.
SECTION 1. Section 65914.7 is added to the Government Code, to read:65914.7. (a) Notwithstanding any law, a housing development project shall be deemed an allowable use on any real property owned by a local educational agency if the housing development satisfies all of the following:(1) The housing development consists of at least 10 housing units.(2) The housing development shall have a recorded deed restriction that ensures, for a period of at least 55 years, that the majority of the units of the housing development shall be set at an affordable rent to lower income or moderate-income households. However, at least 30 percent of the units shall be affordable to lower income households.(3) One hundred percent of the units of the housing development shall be rented by local educational agency employees, local public employees, and general members of the public pursuant to the following procedures:(A) A local educational agency shall first offer the units to the agencys local educational agency employees.(B) If the local educational agency receives an insufficient number of local educational agency employees to apply for and occupy the units, the unoccupied units may be offered to local public employees who work for a local agency within the jurisdiction of the local educational agency.(C) If the local agency receives an insufficient number of local public employees to apply for and occupy the units, the unoccupied units may be offered to general members of the public.(D) When units in the housing development become unoccupied and available for rent, a local educational agency shall first offer the units to the agencys local educational agency employees.(4) The residential density for the housing development, as measured on the development footprint, shall be the greater of the following:(A) The residential density allowed on the parcel by the city or county, as applicable.(B) The applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2.(5) The height limit for the housing development shall be the greater of the following:(A) The height limit allowed on the parcel by the city or county, as applicable.(B) Thirty feet.(6) The property is adjacent to a property that permits residential uses.(7) (A) The housing development shall satisfy other local objective zoning standards, objective subdivision standards, and objective design review standards that do not preclude the housing development from achieving the residential density permitted pursuant to paragraph (4) or the height permitted pursuant to paragraph (5).(B) For purposes of this section, the terms objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the city or county, as applicable, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.(b) Notwithstanding other law, a housing development that meets the requirements of this section shall be deemed consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan.(c) The local educational agency shall maintain ownership of a housing development that meets the requirements of this section for the length of the 55-year affordability requirement described in paragraph (2) of subdivision (a).(d) Subject to the requirements of Article 8 (commencing with Section 17515) and Article 9 (commencing with Section 17527) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, any land used for the development of a housing development that meets the requirements of this section may be jointly used or jointly occupied by the local educational agency and any other party.(e) Any land used for the development of a housing development that meets the requirements of this section shall be exempt from the requirements of all of the following:(1) Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.(2) Article 2 (commencing with Section 17230) of Chapter 1 of Part 10.5 of Division 1 of Title 1 of the Education Code.(3) Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code.(f) For purposes of this section, the following definitions shall apply:(1) Affordable rent has the same meaning as in Section 50053 of the Health and Safety Code.(2) Development footprint means the portion of the property that is developed for the housing development, inclusive of parking and roadways developed internal to the site to serve the housing development, and other aboveground improvements developed to serve the housing development.(3) Local agency means a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.(4) Local educational agency means a school district or county office of education.(5) Local educational agency employee has the same meaning as teacher or school district employee, as defined in subdivision (c) of Section 53572 of the Health and Safety Code.(6) Local public employee has the same meaning as defined in subdivision (b) of Section 53572 of the Health and Safety Code.(7) Lower income households has the same meaning as in Section 50079.5 of the Health and Safety Code.(8) Moderate-income households has the same meaning as in Section 50093 of the Health and Safety Code.
SECTION 1. Section 65914.7 is added to the Government Code, to read:
### SECTION 1.
65914.7. (a) Notwithstanding any law, a housing development project shall be deemed an allowable use on any real property owned by a local educational agency if the housing development satisfies all of the following:(1) The housing development consists of at least 10 housing units.(2) The housing development shall have a recorded deed restriction that ensures, for a period of at least 55 years, that the majority of the units of the housing development shall be set at an affordable rent to lower income or moderate-income households. However, at least 30 percent of the units shall be affordable to lower income households.(3) One hundred percent of the units of the housing development shall be rented by local educational agency employees, local public employees, and general members of the public pursuant to the following procedures:(A) A local educational agency shall first offer the units to the agencys local educational agency employees.(B) If the local educational agency receives an insufficient number of local educational agency employees to apply for and occupy the units, the unoccupied units may be offered to local public employees who work for a local agency within the jurisdiction of the local educational agency.(C) If the local agency receives an insufficient number of local public employees to apply for and occupy the units, the unoccupied units may be offered to general members of the public.(D) When units in the housing development become unoccupied and available for rent, a local educational agency shall first offer the units to the agencys local educational agency employees.(4) The residential density for the housing development, as measured on the development footprint, shall be the greater of the following:(A) The residential density allowed on the parcel by the city or county, as applicable.(B) The applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2.(5) The height limit for the housing development shall be the greater of the following:(A) The height limit allowed on the parcel by the city or county, as applicable.(B) Thirty feet.(6) The property is adjacent to a property that permits residential uses.(7) (A) The housing development shall satisfy other local objective zoning standards, objective subdivision standards, and objective design review standards that do not preclude the housing development from achieving the residential density permitted pursuant to paragraph (4) or the height permitted pursuant to paragraph (5).(B) For purposes of this section, the terms objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the city or county, as applicable, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.(b) Notwithstanding other law, a housing development that meets the requirements of this section shall be deemed consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan.(c) The local educational agency shall maintain ownership of a housing development that meets the requirements of this section for the length of the 55-year affordability requirement described in paragraph (2) of subdivision (a).(d) Subject to the requirements of Article 8 (commencing with Section 17515) and Article 9 (commencing with Section 17527) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, any land used for the development of a housing development that meets the requirements of this section may be jointly used or jointly occupied by the local educational agency and any other party.(e) Any land used for the development of a housing development that meets the requirements of this section shall be exempt from the requirements of all of the following:(1) Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.(2) Article 2 (commencing with Section 17230) of Chapter 1 of Part 10.5 of Division 1 of Title 1 of the Education Code.(3) Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code.(f) For purposes of this section, the following definitions shall apply:(1) Affordable rent has the same meaning as in Section 50053 of the Health and Safety Code.(2) Development footprint means the portion of the property that is developed for the housing development, inclusive of parking and roadways developed internal to the site to serve the housing development, and other aboveground improvements developed to serve the housing development.(3) Local agency means a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.(4) Local educational agency means a school district or county office of education.(5) Local educational agency employee has the same meaning as teacher or school district employee, as defined in subdivision (c) of Section 53572 of the Health and Safety Code.(6) Local public employee has the same meaning as defined in subdivision (b) of Section 53572 of the Health and Safety Code.(7) Lower income households has the same meaning as in Section 50079.5 of the Health and Safety Code.(8) Moderate-income households has the same meaning as in Section 50093 of the Health and Safety Code.
65914.7. (a) Notwithstanding any law, a housing development project shall be deemed an allowable use on any real property owned by a local educational agency if the housing development satisfies all of the following:(1) The housing development consists of at least 10 housing units.(2) The housing development shall have a recorded deed restriction that ensures, for a period of at least 55 years, that the majority of the units of the housing development shall be set at an affordable rent to lower income or moderate-income households. However, at least 30 percent of the units shall be affordable to lower income households.(3) One hundred percent of the units of the housing development shall be rented by local educational agency employees, local public employees, and general members of the public pursuant to the following procedures:(A) A local educational agency shall first offer the units to the agencys local educational agency employees.(B) If the local educational agency receives an insufficient number of local educational agency employees to apply for and occupy the units, the unoccupied units may be offered to local public employees who work for a local agency within the jurisdiction of the local educational agency.(C) If the local agency receives an insufficient number of local public employees to apply for and occupy the units, the unoccupied units may be offered to general members of the public.(D) When units in the housing development become unoccupied and available for rent, a local educational agency shall first offer the units to the agencys local educational agency employees.(4) The residential density for the housing development, as measured on the development footprint, shall be the greater of the following:(A) The residential density allowed on the parcel by the city or county, as applicable.(B) The applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2.(5) The height limit for the housing development shall be the greater of the following:(A) The height limit allowed on the parcel by the city or county, as applicable.(B) Thirty feet.(6) The property is adjacent to a property that permits residential uses.(7) (A) The housing development shall satisfy other local objective zoning standards, objective subdivision standards, and objective design review standards that do not preclude the housing development from achieving the residential density permitted pursuant to paragraph (4) or the height permitted pursuant to paragraph (5).(B) For purposes of this section, the terms objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the city or county, as applicable, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.(b) Notwithstanding other law, a housing development that meets the requirements of this section shall be deemed consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan.(c) The local educational agency shall maintain ownership of a housing development that meets the requirements of this section for the length of the 55-year affordability requirement described in paragraph (2) of subdivision (a).(d) Subject to the requirements of Article 8 (commencing with Section 17515) and Article 9 (commencing with Section 17527) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, any land used for the development of a housing development that meets the requirements of this section may be jointly used or jointly occupied by the local educational agency and any other party.(e) Any land used for the development of a housing development that meets the requirements of this section shall be exempt from the requirements of all of the following:(1) Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.(2) Article 2 (commencing with Section 17230) of Chapter 1 of Part 10.5 of Division 1 of Title 1 of the Education Code.(3) Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code.(f) For purposes of this section, the following definitions shall apply:(1) Affordable rent has the same meaning as in Section 50053 of the Health and Safety Code.(2) Development footprint means the portion of the property that is developed for the housing development, inclusive of parking and roadways developed internal to the site to serve the housing development, and other aboveground improvements developed to serve the housing development.(3) Local agency means a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.(4) Local educational agency means a school district or county office of education.(5) Local educational agency employee has the same meaning as teacher or school district employee, as defined in subdivision (c) of Section 53572 of the Health and Safety Code.(6) Local public employee has the same meaning as defined in subdivision (b) of Section 53572 of the Health and Safety Code.(7) Lower income households has the same meaning as in Section 50079.5 of the Health and Safety Code.(8) Moderate-income households has the same meaning as in Section 50093 of the Health and Safety Code.
65914.7. (a) Notwithstanding any law, a housing development project shall be deemed an allowable use on any real property owned by a local educational agency if the housing development satisfies all of the following:(1) The housing development consists of at least 10 housing units.(2) The housing development shall have a recorded deed restriction that ensures, for a period of at least 55 years, that the majority of the units of the housing development shall be set at an affordable rent to lower income or moderate-income households. However, at least 30 percent of the units shall be affordable to lower income households.(3) One hundred percent of the units of the housing development shall be rented by local educational agency employees, local public employees, and general members of the public pursuant to the following procedures:(A) A local educational agency shall first offer the units to the agencys local educational agency employees.(B) If the local educational agency receives an insufficient number of local educational agency employees to apply for and occupy the units, the unoccupied units may be offered to local public employees who work for a local agency within the jurisdiction of the local educational agency.(C) If the local agency receives an insufficient number of local public employees to apply for and occupy the units, the unoccupied units may be offered to general members of the public.(D) When units in the housing development become unoccupied and available for rent, a local educational agency shall first offer the units to the agencys local educational agency employees.(4) The residential density for the housing development, as measured on the development footprint, shall be the greater of the following:(A) The residential density allowed on the parcel by the city or county, as applicable.(B) The applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2.(5) The height limit for the housing development shall be the greater of the following:(A) The height limit allowed on the parcel by the city or county, as applicable.(B) Thirty feet.(6) The property is adjacent to a property that permits residential uses.(7) (A) The housing development shall satisfy other local objective zoning standards, objective subdivision standards, and objective design review standards that do not preclude the housing development from achieving the residential density permitted pursuant to paragraph (4) or the height permitted pursuant to paragraph (5).(B) For purposes of this section, the terms objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the city or county, as applicable, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.(b) Notwithstanding other law, a housing development that meets the requirements of this section shall be deemed consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan.(c) The local educational agency shall maintain ownership of a housing development that meets the requirements of this section for the length of the 55-year affordability requirement described in paragraph (2) of subdivision (a).(d) Subject to the requirements of Article 8 (commencing with Section 17515) and Article 9 (commencing with Section 17527) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, any land used for the development of a housing development that meets the requirements of this section may be jointly used or jointly occupied by the local educational agency and any other party.(e) Any land used for the development of a housing development that meets the requirements of this section shall be exempt from the requirements of all of the following:(1) Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.(2) Article 2 (commencing with Section 17230) of Chapter 1 of Part 10.5 of Division 1 of Title 1 of the Education Code.(3) Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code.(f) For purposes of this section, the following definitions shall apply:(1) Affordable rent has the same meaning as in Section 50053 of the Health and Safety Code.(2) Development footprint means the portion of the property that is developed for the housing development, inclusive of parking and roadways developed internal to the site to serve the housing development, and other aboveground improvements developed to serve the housing development.(3) Local agency means a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.(4) Local educational agency means a school district or county office of education.(5) Local educational agency employee has the same meaning as teacher or school district employee, as defined in subdivision (c) of Section 53572 of the Health and Safety Code.(6) Local public employee has the same meaning as defined in subdivision (b) of Section 53572 of the Health and Safety Code.(7) Lower income households has the same meaning as in Section 50079.5 of the Health and Safety Code.(8) Moderate-income households has the same meaning as in Section 50093 of the Health and Safety Code.
65914.7. (a) Notwithstanding any law, a housing development project shall be deemed an allowable use on any real property owned by a local educational agency if the housing development satisfies all of the following:
(1) The housing development consists of at least 10 housing units.
(2) The housing development shall have a recorded deed restriction that ensures, for a period of at least 55 years, that the majority of the units of the housing development shall be set at an affordable rent to lower income or moderate-income households. However, at least 30 percent of the units shall be affordable to lower income households.
(3) One hundred percent of the units of the housing development shall be rented by local educational agency employees, local public employees, and general members of the public pursuant to the following procedures:
(A) A local educational agency shall first offer the units to the agencys local educational agency employees.
(B) If the local educational agency receives an insufficient number of local educational agency employees to apply for and occupy the units, the unoccupied units may be offered to local public employees who work for a local agency within the jurisdiction of the local educational agency.
(C) If the local agency receives an insufficient number of local public employees to apply for and occupy the units, the unoccupied units may be offered to general members of the public.
(D) When units in the housing development become unoccupied and available for rent, a local educational agency shall first offer the units to the agencys local educational agency employees.
(4) The residential density for the housing development, as measured on the development footprint, shall be the greater of the following:
(A) The residential density allowed on the parcel by the city or county, as applicable.
(B) The applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2.
(5) The height limit for the housing development shall be the greater of the following:
(A) The height limit allowed on the parcel by the city or county, as applicable.
(B) Thirty feet.
(6) The property is adjacent to a property that permits residential uses.
(7) (A) The housing development shall satisfy other local objective zoning standards, objective subdivision standards, and objective design review standards that do not preclude the housing development from achieving the residential density permitted pursuant to paragraph (4) or the height permitted pursuant to paragraph (5).
(B) For purposes of this section, the terms objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the city or county, as applicable, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(b) Notwithstanding other law, a housing development that meets the requirements of this section shall be deemed consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan.
(c) The local educational agency shall maintain ownership of a housing development that meets the requirements of this section for the length of the 55-year affordability requirement described in paragraph (2) of subdivision (a).
(d) Subject to the requirements of Article 8 (commencing with Section 17515) and Article 9 (commencing with Section 17527) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, any land used for the development of a housing development that meets the requirements of this section may be jointly used or jointly occupied by the local educational agency and any other party.
(e) Any land used for the development of a housing development that meets the requirements of this section shall be exempt from the requirements of all of the following:
(1) Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.
(2) Article 2 (commencing with Section 17230) of Chapter 1 of Part 10.5 of Division 1 of Title 1 of the Education Code.
(3) Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code.
(f) For purposes of this section, the following definitions shall apply:
(1) Affordable rent has the same meaning as in Section 50053 of the Health and Safety Code.
(2) Development footprint means the portion of the property that is developed for the housing development, inclusive of parking and roadways developed internal to the site to serve the housing development, and other aboveground improvements developed to serve the housing development.
(3) Local agency means a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.
(4) Local educational agency means a school district or county office of education.
(5) Local educational agency employee has the same meaning as teacher or school district employee, as defined in subdivision (c) of Section 53572 of the Health and Safety Code.
(6) Local public employee has the same meaning as defined in subdivision (b) of Section 53572 of the Health and Safety Code.
(7) Lower income households has the same meaning as in Section 50079.5 of the Health and Safety Code.
(8) Moderate-income households has the same meaning as in Section 50093 of the Health and Safety Code.
SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 65914.7 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 65914.7 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 65914.7 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
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SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
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