Amended IN Assembly May 01, 2023 Amended IN Assembly April 10, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1490Introduced by Assembly Member Lee(Coauthor: Assembly Member Kalra)February 17, 2023An act to add Sections 65913.12 and 65960.1 to the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTAB 1490, as amended, Lee. Affordable housing development projects: adaptive reuse.Existing law requires the Department of Housing and Community Development to give priority with respect to funding under the Multifamily Housing Program to projects that prioritize adaptive reuse in existing developed areas served with public infrastructure, as specified. Existing law establishes various streamlined, ministerial review processes for housing development proposals meetings specified standards. law, the Housing Accountability Act, which is part of the Planning and Zoning Law, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project, as defined for purposes of the act, for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based on a preponderance of the evidence in the record. That act states that it shall not be construed to prohibit a local agency from requiring a housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdictions share of the regional housing need, except as provided. That act further provides that a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity.ThisUnder this bill, an extremely affordable adaptive reuse project on an infill parcel that is not located on or adjoined to an industrial use site would be an allowable use. The bill would authorize a local agency to impose objective design review standards, except as specified. The bill would provide that for purposes of the Housing Accountability Act, a proposed housing development project is consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if the housing development project is consistent with the standards specified in these provisions. The bill would require a local agency to determine whether the proposed development meets those standards within specified timeframes. The bill would define adaptive reuse as the retrofitting and repurposing of an existing building to create new residential units. The bill would require a local government to approve a development proposal for an extremely affordable adaptive reuse project for these purposes to mean a multifamily housing development project that is an adaptive reuse project involves retrofitting and repurposing of an existing building that includes residential units, as specified, and that meets specified affordability and site requirements, including that 100% of the units be made available for dedicated to lower income households, 50% of which shall be made available dedicated to very low income households, pursuant to a streamlined, ministerial review process. The bill would declare a project meeting these requirements to be a use by right. The bill would require a project approved by a local government pursuant to this ministerial review process to meet specified labor standards and would prohibit a local government from imposing certain requirements on the project, including a maximum density requirement or floor area ratio requirement. as specified. Because the bill would require local officials to provide a higher level of service, the bill would impose a state-mandated local program.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.This bill would define use by right for purposes of the above-described projects, in part, as a development project that is not a project for purposes of CEQA, and would deem the approval process established by the bill to be ministerial in nature, thereby exempting the approval of development projects subject to that approval process from CEQA.This bill would require a local source of funding that can be used for the development of affordable housing to include adaptive reuse as an eligible project and prohibit an agency with control of a local source of funding from prohibiting or excluding a development proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project.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.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.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. Section 65913.12 is added to the Government Code, immediately following Section 65913.11, to read:65913.12.(a)Notwithstanding any inconsistent provision of a local governments general plan, specific plan, zoning ordinance, or regulation, a development proponent may submit an application for a project that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to subdivision (b) if the proposed housing development satisfies all of the following objective planning standards:(1)The development is a multifamily housing development project.(2)The development is an adaptive reuse project.(3)The development meets all of the following affordability criteria.(A)One hundred percent of the units within the development project, excluding managers units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(B)At least 50 percent of the units within the development project shall be dedicated to very low income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(C)The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.65913.12. (a) For purposes of this section, the following terms have the following meanings:(1) Dedicated to industrial use means any of the following:(A) The square footage is currently being used as an industrial use.(B) The most recently permitted use of the square footage is an industrial use.(C) The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.(2) Development proponent means a developer who submits a housing development project application to a local agency pursuant to this section.(3) Extremely affordable adaptive reuse project means a housing development project that meets the following criteria:(A) The development is a multifamily housing development project.(B) The development involves the retrofitting and repurposing of an existing building that currently includes residential dwelling units, including temporary or single occupancy residential units, to create new residential units.(C) The development will be entirely within the envelope of the existing building.(D) The development meets all of the following affordability criteria:(i) One hundred percent of the units within the development project, excluding managers units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(ii) At least 50 percent of the units within the development project shall be dedicated to very low income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(iii) The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.(4) Housing development project has the same meaning as defined in Section 65589.5.(5) Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.(6) Infill parcel means a parcel that is either of the following:(A) At least 75 percent of the perimeter of the site of the development adjoins parcels that are developed with urban uses. For purposes of this paragraph, parcels that are separated by a street or highway shall be considered adjoined.(B) The parcel is within one-half mile of public transit.(7) Local agency means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.(8) Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.(9) Public transit means a major transit stop as defined in Section 21064.3 of the Public Resources Code.(10) Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.(b) (1) Notwithstanding any inconsistent provision of a local agencys general plan, specific plan, zoning ordinance, or regulation, a housing development project submitted pursuant to this section shall be an allowable use if it meets the following objective planning standards:(A) The development is an extremely affordable adaptive reuse project.(B) The development is proposed to be located on a site that is an infill parcel.(4)(C) The development is not proposed to be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. For purposes of this paragraph, parcels only separated by a street or highway shall be considered adjoined.(2) Except as specified in paragraph (3), a local agency may impose objective design review standards for a housing development project submitted pursuant to this section.(3) A local agency shall not impose or require the curing of any preexisting deficit of or conflict with any of the following standards on a project submitted for review pursuant to this section:(A) Any maximum density requirements.(B) Any maximum floor area ratio requirements.(C) Any requirement to add additional parking.(D) Any requirement to add additional open space.(b)(1)If the local government determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in to subdivision (a), it shall approve the development.(c) (1) For purposes of the Housing Accountability Act (Section 65589.5), a proposed housing development that is consistent with the provisions of subdivision (b) shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.(2) If a local government agency determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in or an objective design review standard imposed pursuant to subdivision (a), (b), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:(A) Within 60 days of submittal of the completed proposal for the development project to the local government agency if the development contains 150 or fewer housing units.(B) Within 90 days of submittal of the completed proposal for the development project to the local government agency if the development contains more than 150 housing units.(3)The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a project as defined in Section 21065 of the Public Resources Code.(c)A local government shall not impose any of the following standards on a project approved pursuant to this section:(1)Any maximum density requirements.(2)Any maximum floor area ratio requirements.(3)Any requirement to add additional parking.(4)Any requirement to add additional open space.(d)(1)A development project approved by a local government pursuant to this section shall meet the labor standards provided in Section 65912.130.(2)A development project of 50 or more housing units approved by a local government pursuant to this section shall also meet the labor standards provided in Section 65912.131.(e)For purposes of this section, the following terms have the following meanings:(1)Adaptive reuse means the retrofitting and repurposing of an existing building to create new residential units.(2)Dedicated to industrial use means any of the following:(A)The square footage is currently being used as an industrial use.(B)The most recently permitted use of the square footage is an industrial use.(C)The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.(3)Development proponent means a developer who submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this section.(4)Housing development project has the same meaning as defined in Section 65589.5.(5)Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.(6)Local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.(7)Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.(8)Use by right means a development project that satisfies both of the following conditions:(A)The development project does not require a conditional use permit, planned unit development permit, or other discretionary local government review.(B)The development project is not a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.(9)Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.(3) If a local agency does not make a timely determination within the timeframes described in paragraph (2), the application shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.SEC. 2. Section 65960.1 is added to the Government Code, to read:65960.1. (a) Any local source of funding that can be used for the development of affordable housing shall include adaptive reuse as an eligible project. No agency with control of a local source of funding shall prohibit or exclude a project proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project.(b) For purposes of this section adaptive reuse means the retrofitting and repurposing of an existing building to create new residential units.SEC. 3. The Legislature finds and declares that Section 1 of this act adding Section 65913.12 to the Government Code and Section 2 of this act adding Section 65960.1 to the Government Code address 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 Sections 1 and 2 of this act applies apply to all cities, including charter cities.SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Assembly May 01, 2023 Amended IN Assembly April 10, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1490Introduced by Assembly Member Lee(Coauthor: Assembly Member Kalra)February 17, 2023An act to add Sections 65913.12 and 65960.1 to the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTAB 1490, as amended, Lee. Affordable housing development projects: adaptive reuse.Existing law requires the Department of Housing and Community Development to give priority with respect to funding under the Multifamily Housing Program to projects that prioritize adaptive reuse in existing developed areas served with public infrastructure, as specified. Existing law establishes various streamlined, ministerial review processes for housing development proposals meetings specified standards. law, the Housing Accountability Act, which is part of the Planning and Zoning Law, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project, as defined for purposes of the act, for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based on a preponderance of the evidence in the record. That act states that it shall not be construed to prohibit a local agency from requiring a housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdictions share of the regional housing need, except as provided. That act further provides that a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity.ThisUnder this bill, an extremely affordable adaptive reuse project on an infill parcel that is not located on or adjoined to an industrial use site would be an allowable use. The bill would authorize a local agency to impose objective design review standards, except as specified. The bill would provide that for purposes of the Housing Accountability Act, a proposed housing development project is consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if the housing development project is consistent with the standards specified in these provisions. The bill would require a local agency to determine whether the proposed development meets those standards within specified timeframes. The bill would define adaptive reuse as the retrofitting and repurposing of an existing building to create new residential units. The bill would require a local government to approve a development proposal for an extremely affordable adaptive reuse project for these purposes to mean a multifamily housing development project that is an adaptive reuse project involves retrofitting and repurposing of an existing building that includes residential units, as specified, and that meets specified affordability and site requirements, including that 100% of the units be made available for dedicated to lower income households, 50% of which shall be made available dedicated to very low income households, pursuant to a streamlined, ministerial review process. The bill would declare a project meeting these requirements to be a use by right. The bill would require a project approved by a local government pursuant to this ministerial review process to meet specified labor standards and would prohibit a local government from imposing certain requirements on the project, including a maximum density requirement or floor area ratio requirement. as specified. Because the bill would require local officials to provide a higher level of service, the bill would impose a state-mandated local program.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.This bill would define use by right for purposes of the above-described projects, in part, as a development project that is not a project for purposes of CEQA, and would deem the approval process established by the bill to be ministerial in nature, thereby exempting the approval of development projects subject to that approval process from CEQA.This bill would require a local source of funding that can be used for the development of affordable housing to include adaptive reuse as an eligible project and prohibit an agency with control of a local source of funding from prohibiting or excluding a development proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project.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.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly May 01, 2023 Amended IN Assembly April 10, 2023
Amended IN Assembly May 01, 2023
Amended IN Assembly April 10, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1490
Introduced by Assembly Member Lee(Coauthor: Assembly Member Kalra)February 17, 2023
Introduced by Assembly Member Lee(Coauthor: Assembly Member Kalra)
February 17, 2023
An act to add Sections 65913.12 and 65960.1 to the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1490, as amended, Lee. Affordable housing development projects: adaptive reuse.
Existing law requires the Department of Housing and Community Development to give priority with respect to funding under the Multifamily Housing Program to projects that prioritize adaptive reuse in existing developed areas served with public infrastructure, as specified. Existing law establishes various streamlined, ministerial review processes for housing development proposals meetings specified standards. law, the Housing Accountability Act, which is part of the Planning and Zoning Law, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project, as defined for purposes of the act, for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based on a preponderance of the evidence in the record. That act states that it shall not be construed to prohibit a local agency from requiring a housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdictions share of the regional housing need, except as provided. That act further provides that a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity.ThisUnder this bill, an extremely affordable adaptive reuse project on an infill parcel that is not located on or adjoined to an industrial use site would be an allowable use. The bill would authorize a local agency to impose objective design review standards, except as specified. The bill would provide that for purposes of the Housing Accountability Act, a proposed housing development project is consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if the housing development project is consistent with the standards specified in these provisions. The bill would require a local agency to determine whether the proposed development meets those standards within specified timeframes. The bill would define adaptive reuse as the retrofitting and repurposing of an existing building to create new residential units. The bill would require a local government to approve a development proposal for an extremely affordable adaptive reuse project for these purposes to mean a multifamily housing development project that is an adaptive reuse project involves retrofitting and repurposing of an existing building that includes residential units, as specified, and that meets specified affordability and site requirements, including that 100% of the units be made available for dedicated to lower income households, 50% of which shall be made available dedicated to very low income households, pursuant to a streamlined, ministerial review process. The bill would declare a project meeting these requirements to be a use by right. The bill would require a project approved by a local government pursuant to this ministerial review process to meet specified labor standards and would prohibit a local government from imposing certain requirements on the project, including a maximum density requirement or floor area ratio requirement. as specified. Because the bill would require local officials to provide a higher level of service, the bill would impose a state-mandated local program.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.This bill would define use by right for purposes of the above-described projects, in part, as a development project that is not a project for purposes of CEQA, and would deem the approval process established by the bill to be ministerial in nature, thereby exempting the approval of development projects subject to that approval process from CEQA.This bill would require a local source of funding that can be used for the development of affordable housing to include adaptive reuse as an eligible project and prohibit an agency with control of a local source of funding from prohibiting or excluding a development proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project.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.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Department of Housing and Community Development to give priority with respect to funding under the Multifamily Housing Program to projects that prioritize adaptive reuse in existing developed areas served with public infrastructure, as specified. Existing law establishes various streamlined, ministerial review processes for housing development proposals meetings specified standards. law, the Housing Accountability Act, which is part of the Planning and Zoning Law, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project, as defined for purposes of the act, for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based on a preponderance of the evidence in the record. That act states that it shall not be construed to prohibit a local agency from requiring a housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdictions share of the regional housing need, except as provided. That act further provides that a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity.
This
Under this bill, an extremely affordable adaptive reuse project on an infill parcel that is not located on or adjoined to an industrial use site would be an allowable use. The bill would authorize a local agency to impose objective design review standards, except as specified. The bill would provide that for purposes of the Housing Accountability Act, a proposed housing development project is consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if the housing development project is consistent with the standards specified in these provisions. The bill would require a local agency to determine whether the proposed development meets those standards within specified timeframes. The bill would define adaptive reuse as the retrofitting and repurposing of an existing building to create new residential units. The bill would require a local government to approve a development proposal for an extremely affordable adaptive reuse project for these purposes to mean a multifamily housing development project that is an adaptive reuse project involves retrofitting and repurposing of an existing building that includes residential units, as specified, and that meets specified affordability and site requirements, including that 100% of the units be made available for dedicated to lower income households, 50% of which shall be made available dedicated to very low income households, pursuant to a streamlined, ministerial review process. The bill would declare a project meeting these requirements to be a use by right. The bill would require a project approved by a local government pursuant to this ministerial review process to meet specified labor standards and would prohibit a local government from imposing certain requirements on the project, including a maximum density requirement or floor area ratio requirement. as specified. Because the bill would require local officials to provide a higher level of service, the bill would impose a state-mandated local program.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.
This bill would define use by right for purposes of the above-described projects, in part, as a development project that is not a project for purposes of CEQA, and would deem the approval process established by the bill to be ministerial in nature, thereby exempting the approval of development projects subject to that approval process from CEQA.
This bill would require a local source of funding that can be used for the development of affordable housing to include adaptive reuse as an eligible project and prohibit an agency with control of a local source of funding from prohibiting or excluding a development proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project.
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.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 65913.12 is added to the Government Code, immediately following Section 65913.11, to read:65913.12.(a)Notwithstanding any inconsistent provision of a local governments general plan, specific plan, zoning ordinance, or regulation, a development proponent may submit an application for a project that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to subdivision (b) if the proposed housing development satisfies all of the following objective planning standards:(1)The development is a multifamily housing development project.(2)The development is an adaptive reuse project.(3)The development meets all of the following affordability criteria.(A)One hundred percent of the units within the development project, excluding managers units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(B)At least 50 percent of the units within the development project shall be dedicated to very low income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(C)The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.65913.12. (a) For purposes of this section, the following terms have the following meanings:(1) Dedicated to industrial use means any of the following:(A) The square footage is currently being used as an industrial use.(B) The most recently permitted use of the square footage is an industrial use.(C) The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.(2) Development proponent means a developer who submits a housing development project application to a local agency pursuant to this section.(3) Extremely affordable adaptive reuse project means a housing development project that meets the following criteria:(A) The development is a multifamily housing development project.(B) The development involves the retrofitting and repurposing of an existing building that currently includes residential dwelling units, including temporary or single occupancy residential units, to create new residential units.(C) The development will be entirely within the envelope of the existing building.(D) The development meets all of the following affordability criteria:(i) One hundred percent of the units within the development project, excluding managers units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(ii) At least 50 percent of the units within the development project shall be dedicated to very low income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(iii) The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.(4) Housing development project has the same meaning as defined in Section 65589.5.(5) Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.(6) Infill parcel means a parcel that is either of the following:(A) At least 75 percent of the perimeter of the site of the development adjoins parcels that are developed with urban uses. For purposes of this paragraph, parcels that are separated by a street or highway shall be considered adjoined.(B) The parcel is within one-half mile of public transit.(7) Local agency means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.(8) Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.(9) Public transit means a major transit stop as defined in Section 21064.3 of the Public Resources Code.(10) Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.(b) (1) Notwithstanding any inconsistent provision of a local agencys general plan, specific plan, zoning ordinance, or regulation, a housing development project submitted pursuant to this section shall be an allowable use if it meets the following objective planning standards:(A) The development is an extremely affordable adaptive reuse project.(B) The development is proposed to be located on a site that is an infill parcel.(4)(C) The development is not proposed to be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. For purposes of this paragraph, parcels only separated by a street or highway shall be considered adjoined.(2) Except as specified in paragraph (3), a local agency may impose objective design review standards for a housing development project submitted pursuant to this section.(3) A local agency shall not impose or require the curing of any preexisting deficit of or conflict with any of the following standards on a project submitted for review pursuant to this section:(A) Any maximum density requirements.(B) Any maximum floor area ratio requirements.(C) Any requirement to add additional parking.(D) Any requirement to add additional open space.(b)(1)If the local government determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in to subdivision (a), it shall approve the development.(c) (1) For purposes of the Housing Accountability Act (Section 65589.5), a proposed housing development that is consistent with the provisions of subdivision (b) shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.(2) If a local government agency determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in or an objective design review standard imposed pursuant to subdivision (a), (b), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:(A) Within 60 days of submittal of the completed proposal for the development project to the local government agency if the development contains 150 or fewer housing units.(B) Within 90 days of submittal of the completed proposal for the development project to the local government agency if the development contains more than 150 housing units.(3)The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a project as defined in Section 21065 of the Public Resources Code.(c)A local government shall not impose any of the following standards on a project approved pursuant to this section:(1)Any maximum density requirements.(2)Any maximum floor area ratio requirements.(3)Any requirement to add additional parking.(4)Any requirement to add additional open space.(d)(1)A development project approved by a local government pursuant to this section shall meet the labor standards provided in Section 65912.130.(2)A development project of 50 or more housing units approved by a local government pursuant to this section shall also meet the labor standards provided in Section 65912.131.(e)For purposes of this section, the following terms have the following meanings:(1)Adaptive reuse means the retrofitting and repurposing of an existing building to create new residential units.(2)Dedicated to industrial use means any of the following:(A)The square footage is currently being used as an industrial use.(B)The most recently permitted use of the square footage is an industrial use.(C)The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.(3)Development proponent means a developer who submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this section.(4)Housing development project has the same meaning as defined in Section 65589.5.(5)Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.(6)Local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.(7)Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.(8)Use by right means a development project that satisfies both of the following conditions:(A)The development project does not require a conditional use permit, planned unit development permit, or other discretionary local government review.(B)The development project is not a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.(9)Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.(3) If a local agency does not make a timely determination within the timeframes described in paragraph (2), the application shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.SEC. 2. Section 65960.1 is added to the Government Code, to read:65960.1. (a) Any local source of funding that can be used for the development of affordable housing shall include adaptive reuse as an eligible project. No agency with control of a local source of funding shall prohibit or exclude a project proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project.(b) For purposes of this section adaptive reuse means the retrofitting and repurposing of an existing building to create new residential units.SEC. 3. The Legislature finds and declares that Section 1 of this act adding Section 65913.12 to the Government Code and Section 2 of this act adding Section 65960.1 to the Government Code address 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 Sections 1 and 2 of this act applies apply to all cities, including charter cities.SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 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:
SECTION 1. Section 65913.12 is added to the Government Code, immediately following Section 65913.11, to read:65913.12.(a)Notwithstanding any inconsistent provision of a local governments general plan, specific plan, zoning ordinance, or regulation, a development proponent may submit an application for a project that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to subdivision (b) if the proposed housing development satisfies all of the following objective planning standards:(1)The development is a multifamily housing development project.(2)The development is an adaptive reuse project.(3)The development meets all of the following affordability criteria.(A)One hundred percent of the units within the development project, excluding managers units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(B)At least 50 percent of the units within the development project shall be dedicated to very low income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(C)The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.65913.12. (a) For purposes of this section, the following terms have the following meanings:(1) Dedicated to industrial use means any of the following:(A) The square footage is currently being used as an industrial use.(B) The most recently permitted use of the square footage is an industrial use.(C) The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.(2) Development proponent means a developer who submits a housing development project application to a local agency pursuant to this section.(3) Extremely affordable adaptive reuse project means a housing development project that meets the following criteria:(A) The development is a multifamily housing development project.(B) The development involves the retrofitting and repurposing of an existing building that currently includes residential dwelling units, including temporary or single occupancy residential units, to create new residential units.(C) The development will be entirely within the envelope of the existing building.(D) The development meets all of the following affordability criteria:(i) One hundred percent of the units within the development project, excluding managers units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(ii) At least 50 percent of the units within the development project shall be dedicated to very low income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(iii) The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.(4) Housing development project has the same meaning as defined in Section 65589.5.(5) Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.(6) Infill parcel means a parcel that is either of the following:(A) At least 75 percent of the perimeter of the site of the development adjoins parcels that are developed with urban uses. For purposes of this paragraph, parcels that are separated by a street or highway shall be considered adjoined.(B) The parcel is within one-half mile of public transit.(7) Local agency means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.(8) Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.(9) Public transit means a major transit stop as defined in Section 21064.3 of the Public Resources Code.(10) Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.(b) (1) Notwithstanding any inconsistent provision of a local agencys general plan, specific plan, zoning ordinance, or regulation, a housing development project submitted pursuant to this section shall be an allowable use if it meets the following objective planning standards:(A) The development is an extremely affordable adaptive reuse project.(B) The development is proposed to be located on a site that is an infill parcel.(4)(C) The development is not proposed to be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. For purposes of this paragraph, parcels only separated by a street or highway shall be considered adjoined.(2) Except as specified in paragraph (3), a local agency may impose objective design review standards for a housing development project submitted pursuant to this section.(3) A local agency shall not impose or require the curing of any preexisting deficit of or conflict with any of the following standards on a project submitted for review pursuant to this section:(A) Any maximum density requirements.(B) Any maximum floor area ratio requirements.(C) Any requirement to add additional parking.(D) Any requirement to add additional open space.(b)(1)If the local government determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in to subdivision (a), it shall approve the development.(c) (1) For purposes of the Housing Accountability Act (Section 65589.5), a proposed housing development that is consistent with the provisions of subdivision (b) shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.(2) If a local government agency determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in or an objective design review standard imposed pursuant to subdivision (a), (b), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:(A) Within 60 days of submittal of the completed proposal for the development project to the local government agency if the development contains 150 or fewer housing units.(B) Within 90 days of submittal of the completed proposal for the development project to the local government agency if the development contains more than 150 housing units.(3)The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a project as defined in Section 21065 of the Public Resources Code.(c)A local government shall not impose any of the following standards on a project approved pursuant to this section:(1)Any maximum density requirements.(2)Any maximum floor area ratio requirements.(3)Any requirement to add additional parking.(4)Any requirement to add additional open space.(d)(1)A development project approved by a local government pursuant to this section shall meet the labor standards provided in Section 65912.130.(2)A development project of 50 or more housing units approved by a local government pursuant to this section shall also meet the labor standards provided in Section 65912.131.(e)For purposes of this section, the following terms have the following meanings:(1)Adaptive reuse means the retrofitting and repurposing of an existing building to create new residential units.(2)Dedicated to industrial use means any of the following:(A)The square footage is currently being used as an industrial use.(B)The most recently permitted use of the square footage is an industrial use.(C)The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.(3)Development proponent means a developer who submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this section.(4)Housing development project has the same meaning as defined in Section 65589.5.(5)Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.(6)Local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.(7)Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.(8)Use by right means a development project that satisfies both of the following conditions:(A)The development project does not require a conditional use permit, planned unit development permit, or other discretionary local government review.(B)The development project is not a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.(9)Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.(3) If a local agency does not make a timely determination within the timeframes described in paragraph (2), the application shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.
SECTION 1. Section 65913.12 is added to the Government Code, immediately following Section 65913.11, to read:
### SECTION 1.
65913.12.(a)Notwithstanding any inconsistent provision of a local governments general plan, specific plan, zoning ordinance, or regulation, a development proponent may submit an application for a project that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to subdivision (b) if the proposed housing development satisfies all of the following objective planning standards:(1)The development is a multifamily housing development project.(2)The development is an adaptive reuse project.(3)The development meets all of the following affordability criteria.(A)One hundred percent of the units within the development project, excluding managers units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(B)At least 50 percent of the units within the development project shall be dedicated to very low income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(C)The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.65913.12. (a) For purposes of this section, the following terms have the following meanings:(1) Dedicated to industrial use means any of the following:(A) The square footage is currently being used as an industrial use.(B) The most recently permitted use of the square footage is an industrial use.(C) The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.(2) Development proponent means a developer who submits a housing development project application to a local agency pursuant to this section.(3) Extremely affordable adaptive reuse project means a housing development project that meets the following criteria:(A) The development is a multifamily housing development project.(B) The development involves the retrofitting and repurposing of an existing building that currently includes residential dwelling units, including temporary or single occupancy residential units, to create new residential units.(C) The development will be entirely within the envelope of the existing building.(D) The development meets all of the following affordability criteria:(i) One hundred percent of the units within the development project, excluding managers units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(ii) At least 50 percent of the units within the development project shall be dedicated to very low income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(iii) The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.(4) Housing development project has the same meaning as defined in Section 65589.5.(5) Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.(6) Infill parcel means a parcel that is either of the following:(A) At least 75 percent of the perimeter of the site of the development adjoins parcels that are developed with urban uses. For purposes of this paragraph, parcels that are separated by a street or highway shall be considered adjoined.(B) The parcel is within one-half mile of public transit.(7) Local agency means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.(8) Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.(9) Public transit means a major transit stop as defined in Section 21064.3 of the Public Resources Code.(10) Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.(b) (1) Notwithstanding any inconsistent provision of a local agencys general plan, specific plan, zoning ordinance, or regulation, a housing development project submitted pursuant to this section shall be an allowable use if it meets the following objective planning standards:(A) The development is an extremely affordable adaptive reuse project.(B) The development is proposed to be located on a site that is an infill parcel.(4)(C) The development is not proposed to be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. For purposes of this paragraph, parcels only separated by a street or highway shall be considered adjoined.(2) Except as specified in paragraph (3), a local agency may impose objective design review standards for a housing development project submitted pursuant to this section.(3) A local agency shall not impose or require the curing of any preexisting deficit of or conflict with any of the following standards on a project submitted for review pursuant to this section:(A) Any maximum density requirements.(B) Any maximum floor area ratio requirements.(C) Any requirement to add additional parking.(D) Any requirement to add additional open space.(b)(1)If the local government determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in to subdivision (a), it shall approve the development.(c) (1) For purposes of the Housing Accountability Act (Section 65589.5), a proposed housing development that is consistent with the provisions of subdivision (b) shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.(2) If a local government agency determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in or an objective design review standard imposed pursuant to subdivision (a), (b), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:(A) Within 60 days of submittal of the completed proposal for the development project to the local government agency if the development contains 150 or fewer housing units.(B) Within 90 days of submittal of the completed proposal for the development project to the local government agency if the development contains more than 150 housing units.(3)The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a project as defined in Section 21065 of the Public Resources Code.(c)A local government shall not impose any of the following standards on a project approved pursuant to this section:(1)Any maximum density requirements.(2)Any maximum floor area ratio requirements.(3)Any requirement to add additional parking.(4)Any requirement to add additional open space.(d)(1)A development project approved by a local government pursuant to this section shall meet the labor standards provided in Section 65912.130.(2)A development project of 50 or more housing units approved by a local government pursuant to this section shall also meet the labor standards provided in Section 65912.131.(e)For purposes of this section, the following terms have the following meanings:(1)Adaptive reuse means the retrofitting and repurposing of an existing building to create new residential units.(2)Dedicated to industrial use means any of the following:(A)The square footage is currently being used as an industrial use.(B)The most recently permitted use of the square footage is an industrial use.(C)The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.(3)Development proponent means a developer who submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this section.(4)Housing development project has the same meaning as defined in Section 65589.5.(5)Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.(6)Local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.(7)Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.(8)Use by right means a development project that satisfies both of the following conditions:(A)The development project does not require a conditional use permit, planned unit development permit, or other discretionary local government review.(B)The development project is not a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.(9)Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.(3) If a local agency does not make a timely determination within the timeframes described in paragraph (2), the application shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.
(a)Notwithstanding any inconsistent provision of a local governments general plan, specific plan, zoning ordinance, or regulation, a development proponent may submit an application for a project that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to subdivision (b) if the proposed housing development satisfies all of the following objective planning standards:
(1)The development is a multifamily housing development project.
(2)The development is an adaptive reuse project.
(3)The development meets all of the following affordability criteria.
(A)One hundred percent of the units within the development project, excluding managers units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.
(B)At least 50 percent of the units within the development project shall be dedicated to very low income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.
(C)The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
65913.12. (a) For purposes of this section, the following terms have the following meanings:(1) Dedicated to industrial use means any of the following:(A) The square footage is currently being used as an industrial use.(B) The most recently permitted use of the square footage is an industrial use.(C) The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.(2) Development proponent means a developer who submits a housing development project application to a local agency pursuant to this section.(3) Extremely affordable adaptive reuse project means a housing development project that meets the following criteria:(A) The development is a multifamily housing development project.(B) The development involves the retrofitting and repurposing of an existing building that currently includes residential dwelling units, including temporary or single occupancy residential units, to create new residential units.(C) The development will be entirely within the envelope of the existing building.(D) The development meets all of the following affordability criteria:(i) One hundred percent of the units within the development project, excluding managers units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(ii) At least 50 percent of the units within the development project shall be dedicated to very low income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(iii) The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.(4) Housing development project has the same meaning as defined in Section 65589.5.(5) Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.(6) Infill parcel means a parcel that is either of the following:(A) At least 75 percent of the perimeter of the site of the development adjoins parcels that are developed with urban uses. For purposes of this paragraph, parcels that are separated by a street or highway shall be considered adjoined.(B) The parcel is within one-half mile of public transit.(7) Local agency means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.(8) Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.(9) Public transit means a major transit stop as defined in Section 21064.3 of the Public Resources Code.(10) Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.(b) (1) Notwithstanding any inconsistent provision of a local agencys general plan, specific plan, zoning ordinance, or regulation, a housing development project submitted pursuant to this section shall be an allowable use if it meets the following objective planning standards:(A) The development is an extremely affordable adaptive reuse project.(B) The development is proposed to be located on a site that is an infill parcel.(4)(C) The development is not proposed to be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. For purposes of this paragraph, parcels only separated by a street or highway shall be considered adjoined.(2) Except as specified in paragraph (3), a local agency may impose objective design review standards for a housing development project submitted pursuant to this section.(3) A local agency shall not impose or require the curing of any preexisting deficit of or conflict with any of the following standards on a project submitted for review pursuant to this section:(A) Any maximum density requirements.(B) Any maximum floor area ratio requirements.(C) Any requirement to add additional parking.(D) Any requirement to add additional open space.(b)(1)If the local government determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in to subdivision (a), it shall approve the development.(c) (1) For purposes of the Housing Accountability Act (Section 65589.5), a proposed housing development that is consistent with the provisions of subdivision (b) shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.(2) If a local government agency determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in or an objective design review standard imposed pursuant to subdivision (a), (b), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:(A) Within 60 days of submittal of the completed proposal for the development project to the local government agency if the development contains 150 or fewer housing units.(B) Within 90 days of submittal of the completed proposal for the development project to the local government agency if the development contains more than 150 housing units.(3)The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a project as defined in Section 21065 of the Public Resources Code.(c)A local government shall not impose any of the following standards on a project approved pursuant to this section:(1)Any maximum density requirements.(2)Any maximum floor area ratio requirements.(3)Any requirement to add additional parking.(4)Any requirement to add additional open space.(d)(1)A development project approved by a local government pursuant to this section shall meet the labor standards provided in Section 65912.130.(2)A development project of 50 or more housing units approved by a local government pursuant to this section shall also meet the labor standards provided in Section 65912.131.(e)For purposes of this section, the following terms have the following meanings:(1)Adaptive reuse means the retrofitting and repurposing of an existing building to create new residential units.(2)Dedicated to industrial use means any of the following:(A)The square footage is currently being used as an industrial use.(B)The most recently permitted use of the square footage is an industrial use.(C)The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.(3)Development proponent means a developer who submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this section.(4)Housing development project has the same meaning as defined in Section 65589.5.(5)Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.(6)Local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.(7)Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.(8)Use by right means a development project that satisfies both of the following conditions:(A)The development project does not require a conditional use permit, planned unit development permit, or other discretionary local government review.(B)The development project is not a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.(9)Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.(3) If a local agency does not make a timely determination within the timeframes described in paragraph (2), the application shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.
65913.12. (a) For purposes of this section, the following terms have the following meanings:(1) Dedicated to industrial use means any of the following:(A) The square footage is currently being used as an industrial use.(B) The most recently permitted use of the square footage is an industrial use.(C) The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.(2) Development proponent means a developer who submits a housing development project application to a local agency pursuant to this section.(3) Extremely affordable adaptive reuse project means a housing development project that meets the following criteria:(A) The development is a multifamily housing development project.(B) The development involves the retrofitting and repurposing of an existing building that currently includes residential dwelling units, including temporary or single occupancy residential units, to create new residential units.(C) The development will be entirely within the envelope of the existing building.(D) The development meets all of the following affordability criteria:(i) One hundred percent of the units within the development project, excluding managers units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(ii) At least 50 percent of the units within the development project shall be dedicated to very low income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(iii) The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.(4) Housing development project has the same meaning as defined in Section 65589.5.(5) Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.(6) Infill parcel means a parcel that is either of the following:(A) At least 75 percent of the perimeter of the site of the development adjoins parcels that are developed with urban uses. For purposes of this paragraph, parcels that are separated by a street or highway shall be considered adjoined.(B) The parcel is within one-half mile of public transit.(7) Local agency means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.(8) Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.(9) Public transit means a major transit stop as defined in Section 21064.3 of the Public Resources Code.(10) Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.(b) (1) Notwithstanding any inconsistent provision of a local agencys general plan, specific plan, zoning ordinance, or regulation, a housing development project submitted pursuant to this section shall be an allowable use if it meets the following objective planning standards:(A) The development is an extremely affordable adaptive reuse project.(B) The development is proposed to be located on a site that is an infill parcel.(4)(C) The development is not proposed to be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. For purposes of this paragraph, parcels only separated by a street or highway shall be considered adjoined.(2) Except as specified in paragraph (3), a local agency may impose objective design review standards for a housing development project submitted pursuant to this section.(3) A local agency shall not impose or require the curing of any preexisting deficit of or conflict with any of the following standards on a project submitted for review pursuant to this section:(A) Any maximum density requirements.(B) Any maximum floor area ratio requirements.(C) Any requirement to add additional parking.(D) Any requirement to add additional open space.(b)(1)If the local government determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in to subdivision (a), it shall approve the development.(c) (1) For purposes of the Housing Accountability Act (Section 65589.5), a proposed housing development that is consistent with the provisions of subdivision (b) shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.(2) If a local government agency determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in or an objective design review standard imposed pursuant to subdivision (a), (b), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:(A) Within 60 days of submittal of the completed proposal for the development project to the local government agency if the development contains 150 or fewer housing units.(B) Within 90 days of submittal of the completed proposal for the development project to the local government agency if the development contains more than 150 housing units.(3)The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a project as defined in Section 21065 of the Public Resources Code.(c)A local government shall not impose any of the following standards on a project approved pursuant to this section:(1)Any maximum density requirements.(2)Any maximum floor area ratio requirements.(3)Any requirement to add additional parking.(4)Any requirement to add additional open space.(d)(1)A development project approved by a local government pursuant to this section shall meet the labor standards provided in Section 65912.130.(2)A development project of 50 or more housing units approved by a local government pursuant to this section shall also meet the labor standards provided in Section 65912.131.(e)For purposes of this section, the following terms have the following meanings:(1)Adaptive reuse means the retrofitting and repurposing of an existing building to create new residential units.(2)Dedicated to industrial use means any of the following:(A)The square footage is currently being used as an industrial use.(B)The most recently permitted use of the square footage is an industrial use.(C)The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.(3)Development proponent means a developer who submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this section.(4)Housing development project has the same meaning as defined in Section 65589.5.(5)Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.(6)Local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.(7)Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.(8)Use by right means a development project that satisfies both of the following conditions:(A)The development project does not require a conditional use permit, planned unit development permit, or other discretionary local government review.(B)The development project is not a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.(9)Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.(3) If a local agency does not make a timely determination within the timeframes described in paragraph (2), the application shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.
65913.12. (a) For purposes of this section, the following terms have the following meanings:(1) Dedicated to industrial use means any of the following:(A) The square footage is currently being used as an industrial use.(B) The most recently permitted use of the square footage is an industrial use.(C) The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.(2) Development proponent means a developer who submits a housing development project application to a local agency pursuant to this section.(3) Extremely affordable adaptive reuse project means a housing development project that meets the following criteria:(A) The development is a multifamily housing development project.(B) The development involves the retrofitting and repurposing of an existing building that currently includes residential dwelling units, including temporary or single occupancy residential units, to create new residential units.(C) The development will be entirely within the envelope of the existing building.(D) The development meets all of the following affordability criteria:(i) One hundred percent of the units within the development project, excluding managers units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(ii) At least 50 percent of the units within the development project shall be dedicated to very low income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.(iii) The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.(4) Housing development project has the same meaning as defined in Section 65589.5.(5) Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.(6) Infill parcel means a parcel that is either of the following:(A) At least 75 percent of the perimeter of the site of the development adjoins parcels that are developed with urban uses. For purposes of this paragraph, parcels that are separated by a street or highway shall be considered adjoined.(B) The parcel is within one-half mile of public transit.(7) Local agency means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.(8) Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.(9) Public transit means a major transit stop as defined in Section 21064.3 of the Public Resources Code.(10) Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.(b) (1) Notwithstanding any inconsistent provision of a local agencys general plan, specific plan, zoning ordinance, or regulation, a housing development project submitted pursuant to this section shall be an allowable use if it meets the following objective planning standards:(A) The development is an extremely affordable adaptive reuse project.(B) The development is proposed to be located on a site that is an infill parcel.(4)(C) The development is not proposed to be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. For purposes of this paragraph, parcels only separated by a street or highway shall be considered adjoined.(2) Except as specified in paragraph (3), a local agency may impose objective design review standards for a housing development project submitted pursuant to this section.(3) A local agency shall not impose or require the curing of any preexisting deficit of or conflict with any of the following standards on a project submitted for review pursuant to this section:(A) Any maximum density requirements.(B) Any maximum floor area ratio requirements.(C) Any requirement to add additional parking.(D) Any requirement to add additional open space.(b)(1)If the local government determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in to subdivision (a), it shall approve the development.(c) (1) For purposes of the Housing Accountability Act (Section 65589.5), a proposed housing development that is consistent with the provisions of subdivision (b) shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.(2) If a local government agency determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in or an objective design review standard imposed pursuant to subdivision (a), (b), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:(A) Within 60 days of submittal of the completed proposal for the development project to the local government agency if the development contains 150 or fewer housing units.(B) Within 90 days of submittal of the completed proposal for the development project to the local government agency if the development contains more than 150 housing units.(3)The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a project as defined in Section 21065 of the Public Resources Code.(c)A local government shall not impose any of the following standards on a project approved pursuant to this section:(1)Any maximum density requirements.(2)Any maximum floor area ratio requirements.(3)Any requirement to add additional parking.(4)Any requirement to add additional open space.(d)(1)A development project approved by a local government pursuant to this section shall meet the labor standards provided in Section 65912.130.(2)A development project of 50 or more housing units approved by a local government pursuant to this section shall also meet the labor standards provided in Section 65912.131.(e)For purposes of this section, the following terms have the following meanings:(1)Adaptive reuse means the retrofitting and repurposing of an existing building to create new residential units.(2)Dedicated to industrial use means any of the following:(A)The square footage is currently being used as an industrial use.(B)The most recently permitted use of the square footage is an industrial use.(C)The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.(3)Development proponent means a developer who submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this section.(4)Housing development project has the same meaning as defined in Section 65589.5.(5)Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.(6)Local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.(7)Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.(8)Use by right means a development project that satisfies both of the following conditions:(A)The development project does not require a conditional use permit, planned unit development permit, or other discretionary local government review.(B)The development project is not a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.(9)Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.(3) If a local agency does not make a timely determination within the timeframes described in paragraph (2), the application shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.
65913.12. (a) For purposes of this section, the following terms have the following meanings:
(1) Dedicated to industrial use means any of the following:
(A) The square footage is currently being used as an industrial use.
(B) The most recently permitted use of the square footage is an industrial use.
(C) The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.
(2) Development proponent means a developer who submits a housing development project application to a local agency pursuant to this section.
(3) Extremely affordable adaptive reuse project means a housing development project that meets the following criteria:
(A) The development is a multifamily housing development project.
(B) The development involves the retrofitting and repurposing of an existing building that currently includes residential dwelling units, including temporary or single occupancy residential units, to create new residential units.
(C) The development will be entirely within the envelope of the existing building.
(D) The development meets all of the following affordability criteria:
(i) One hundred percent of the units within the development project, excluding managers units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.
(ii) At least 50 percent of the units within the development project shall be dedicated to very low income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.
(iii) The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
(4) Housing development project has the same meaning as defined in Section 65589.5.
(5) Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.
(6) Infill parcel means a parcel that is either of the following:
(A) At least 75 percent of the perimeter of the site of the development adjoins parcels that are developed with urban uses. For purposes of this paragraph, parcels that are separated by a street or highway shall be considered adjoined.
(B) The parcel is within one-half mile of public transit.
(7) Local agency means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(8) Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
(9) Public transit means a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(10) Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.
(b) (1) Notwithstanding any inconsistent provision of a local agencys general plan, specific plan, zoning ordinance, or regulation, a housing development project submitted pursuant to this section shall be an allowable use if it meets the following objective planning standards:
(A) The development is an extremely affordable adaptive reuse project.
(B) The development is proposed to be located on a site that is an infill parcel.
(4)
(C) The development is not proposed to be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. For purposes of this paragraph, parcels only separated by a street or highway shall be considered adjoined.
(2) Except as specified in paragraph (3), a local agency may impose objective design review standards for a housing development project submitted pursuant to this section.
(3) A local agency shall not impose or require the curing of any preexisting deficit of or conflict with any of the following standards on a project submitted for review pursuant to this section:
(A) Any maximum density requirements.
(B) Any maximum floor area ratio requirements.
(C) Any requirement to add additional parking.
(D) Any requirement to add additional open space.
(b)(1)If the local government determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in to subdivision (a), it shall approve the development.
(c) (1) For purposes of the Housing Accountability Act (Section 65589.5), a proposed housing development that is consistent with the provisions of subdivision (b) shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.
(2) If a local government agency determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in or an objective design review standard imposed pursuant to subdivision (a), (b), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:
(A) Within 60 days of submittal of the completed proposal for the development project to the local government agency if the development contains 150 or fewer housing units.
(B) Within 90 days of submittal of the completed proposal for the development project to the local government agency if the development contains more than 150 housing units.
(3)The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a project as defined in Section 21065 of the Public Resources Code.
(c)A local government shall not impose any of the following standards on a project approved pursuant to this section:
(1)Any maximum density requirements.
(2)Any maximum floor area ratio requirements.
(3)Any requirement to add additional parking.
(4)Any requirement to add additional open space.
(d)(1)A development project approved by a local government pursuant to this section shall meet the labor standards provided in Section 65912.130.
(2)A development project of 50 or more housing units approved by a local government pursuant to this section shall also meet the labor standards provided in Section 65912.131.
(e)For purposes of this section, the following terms have the following meanings:
(1)Adaptive reuse means the retrofitting and repurposing of an existing building to create new residential units.
(2)Dedicated to industrial use means any of the following:
(A)The square footage is currently being used as an industrial use.
(B)The most recently permitted use of the square footage is an industrial use.
(C)The site was designated for industrial use in the latest version of a local governments general plan adopted before January 1, 2022.
(3)Development proponent means a developer who submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this section.
(4)Housing development project has the same meaning as defined in Section 65589.5.
(5)Industrial use means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. Industrial use does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.
(6)Local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(7)Lower income households has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
(8)Use by right means a development project that satisfies both of the following conditions:
(A)The development project does not require a conditional use permit, planned unit development permit, or other discretionary local government review.
(B)The development project is not a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(9)Very low income households has the same meaning as defined in Section 50105 of the Health and Safety Code.
(3) If a local agency does not make a timely determination within the timeframes described in paragraph (2), the application shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.
SEC. 2. Section 65960.1 is added to the Government Code, to read:65960.1. (a) Any local source of funding that can be used for the development of affordable housing shall include adaptive reuse as an eligible project. No agency with control of a local source of funding shall prohibit or exclude a project proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project.(b) For purposes of this section adaptive reuse means the retrofitting and repurposing of an existing building to create new residential units.
SEC. 2. Section 65960.1 is added to the Government Code, to read:
### SEC. 2.
65960.1. (a) Any local source of funding that can be used for the development of affordable housing shall include adaptive reuse as an eligible project. No agency with control of a local source of funding shall prohibit or exclude a project proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project.(b) For purposes of this section adaptive reuse means the retrofitting and repurposing of an existing building to create new residential units.
65960.1. (a) Any local source of funding that can be used for the development of affordable housing shall include adaptive reuse as an eligible project. No agency with control of a local source of funding shall prohibit or exclude a project proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project.(b) For purposes of this section adaptive reuse means the retrofitting and repurposing of an existing building to create new residential units.
65960.1. (a) Any local source of funding that can be used for the development of affordable housing shall include adaptive reuse as an eligible project. No agency with control of a local source of funding shall prohibit or exclude a project proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project.(b) For purposes of this section adaptive reuse means the retrofitting and repurposing of an existing building to create new residential units.
65960.1. (a) Any local source of funding that can be used for the development of affordable housing shall include adaptive reuse as an eligible project. No agency with control of a local source of funding shall prohibit or exclude a project proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project.
(b) For purposes of this section adaptive reuse means the retrofitting and repurposing of an existing building to create new residential units.
SEC. 3. The Legislature finds and declares that Section 1 of this act adding Section 65913.12 to the Government Code and Section 2 of this act adding Section 65960.1 to the Government Code address 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 Sections 1 and 2 of this act applies apply to all cities, including charter cities.
SEC. 3. The Legislature finds and declares that Section 1 of this act adding Section 65913.12 to the Government Code and Section 2 of this act adding Section 65960.1 to the Government Code address 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 Sections 1 and 2 of this act applies apply to all cities, including charter cities.
SEC. 3. The Legislature finds and declares that Section 1 of this act adding Section 65913.12 to the Government Code and Section 2 of this act adding Section 65960.1 to the Government Code address 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 Sections 1 and 2 of this act applies apply to all cities, including charter cities.
### SEC. 3.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 4.