CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1630Introduced by Assembly Member GarciaFebruary 17, 2023 An act to add Section 65914.8 to the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTAB 1630, as introduced, Garcia. Planning and zoning: housing development approvals: student housing projects.Existing law, the Planning and Zoning Law, authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. Existing law, the Planning and Zoning Law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among other things, that the development and the site on which it is located satisfy specified location, urbanization, and zoning requirements.This bill would prohibit a city, county, or city and county from prohibiting a dormitory on any real property located within 1/2 mile of a university campus, as defined. The bill would require a city, county, or city and county to classify student housing as a permitted use on all real property within 1/2 mile of a university campus for zoning purposes. The bill would require a proposed student housing project, as defined, to be considered ministerially, without discretionary review or a hearing, if specified requirements are met, including that at least 50% of the unites in the project be occupied by students of the local university campus to which the project site is proximate. In connection with an application submitted pursuant to these provisions, the bill would require a city, county, or city and county to take specified actions, including, upon the request of the applicant, provide a list of permits and fees that are required by the city, county, or city and county. By imposing new duties on local jurisdictions, this 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.By establishing a streamlined, ministerial approval process for certain housing developments, this bill would expand the exemption for the ministerial approval of projects under CEQA.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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 65914.8 is added to the Government Code, to read:65914.8. (a) A city, county, or city and county shall not prohibit a dormitory on any real property located within one-half mile of a university campus.(b) A city, county, or city and county shall classify student housing as a permitted use on all real property within one-half mile of a university campus for zoning purposes.(c) A proposed student housing project shall be considered ministerially, without discretionary review or a hearing, if the proposed student housing project meets all of the following requirements:(1) At least 50 percent of the units of the student housing project is occupied by students of the local university campus to which the project site is proximate.(2) The residential density for a student housing project, as measured on the development footprint, is the greater of the following:(A) The residential density allowed on the parcel by the city, county, or city and county, as applicable.(B) The applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2.(3) The height limit for the housing development is the greater of the following:(A) The height limit allowed on the parcel by the city, county, or city and county, as applicable.(B) Thirty-five feet.(d) Notwithstanding any other law, a local agency shall not impose or enforce any minimum automobile parking requirement as a requirement of approval for a permit to construct a student housing project.(e) A local agency may require a setback of up to four feet from the side and rear lot lines of the student housing project subject to this section.(f) The student housing project shall have a recorded deed restriction that ensures, for a period of at least 55 years, both of the following:(1) At least one-third of the units are set at an affordable rent to lower income or moderate-income households.(2) At least 15 percent of the units are affordable to lower income households.(g) In connection with an application submitted pursuant to subdivision (c), a city, county, or city and county shall do all of the following:(1) Upon the request of the applicant, provide a list of the permits and fees that are required by the city, county, or city and county, including, but not limited to, information about other permits that may be required by other departments in the city, county, or city and county, or by other public agencies.(2) Upon the request of the applicant, provide information about the anticipated length of time for reviewing and processing the permit application.(3) Upon the request of the applicant, provide information on the breakdown of any individual fees charged in connection with the issuance of the permit.(4) If a deposit is required to cover the cost of the permit, provide information to the applicant about the estimated final cost to the applicant of the permit and the procedures for receiving a refund of the portion of the deposit not used.(h) For purposes of this section, the following definitions apply:(1) Student housing project means one or more housing facilities to be occupied by students of one or more campuses proximate to a university campus, including, but not limited to, dining spaces, academic spaces, student support service spaces, and other necessary and usual attendant and related facilities and equipment.(2) University campus has the same meaning as main campus, as defined in Section 94849 of the Education Code.SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 65914.8 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1630Introduced by Assembly Member GarciaFebruary 17, 2023 An act to add Section 65914.8 to the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTAB 1630, as introduced, Garcia. Planning and zoning: housing development approvals: student housing projects.Existing law, the Planning and Zoning Law, authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. Existing law, the Planning and Zoning Law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among other things, that the development and the site on which it is located satisfy specified location, urbanization, and zoning requirements.This bill would prohibit a city, county, or city and county from prohibiting a dormitory on any real property located within 1/2 mile of a university campus, as defined. The bill would require a city, county, or city and county to classify student housing as a permitted use on all real property within 1/2 mile of a university campus for zoning purposes. The bill would require a proposed student housing project, as defined, to be considered ministerially, without discretionary review or a hearing, if specified requirements are met, including that at least 50% of the unites in the project be occupied by students of the local university campus to which the project site is proximate. In connection with an application submitted pursuant to these provisions, the bill would require a city, county, or city and county to take specified actions, including, upon the request of the applicant, provide a list of permits and fees that are required by the city, county, or city and county. By imposing new duties on local jurisdictions, this 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.By establishing a streamlined, ministerial approval process for certain housing developments, this bill would expand the exemption for the ministerial approval of projects under CEQA.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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1630
Introduced by Assembly Member GarciaFebruary 17, 2023
Introduced by Assembly Member Garcia
February 17, 2023
An act to add Section 65914.8 to the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1630, as introduced, Garcia. Planning and zoning: housing development approvals: student housing projects.
Existing law, the Planning and Zoning Law, authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. Existing law, the Planning and Zoning Law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among other things, that the development and the site on which it is located satisfy specified location, urbanization, and zoning requirements.This bill would prohibit a city, county, or city and county from prohibiting a dormitory on any real property located within 1/2 mile of a university campus, as defined. The bill would require a city, county, or city and county to classify student housing as a permitted use on all real property within 1/2 mile of a university campus for zoning purposes. The bill would require a proposed student housing project, as defined, to be considered ministerially, without discretionary review or a hearing, if specified requirements are met, including that at least 50% of the unites in the project be occupied by students of the local university campus to which the project site is proximate. In connection with an application submitted pursuant to these provisions, the bill would require a city, county, or city and county to take specified actions, including, upon the request of the applicant, provide a list of permits and fees that are required by the city, county, or city and county. By imposing new duties on local jurisdictions, this 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.By establishing a streamlined, ministerial approval process for certain housing developments, this bill would expand the exemption for the ministerial approval of projects under CEQA.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 no reimbursement is required by this act for a specified reason.
Existing law, the Planning and Zoning Law, authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. Existing law, the Planning and Zoning Law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among other things, that the development and the site on which it is located satisfy specified location, urbanization, and zoning requirements.
This bill would prohibit a city, county, or city and county from prohibiting a dormitory on any real property located within 1/2 mile of a university campus, as defined. The bill would require a city, county, or city and county to classify student housing as a permitted use on all real property within 1/2 mile of a university campus for zoning purposes. The bill would require a proposed student housing project, as defined, to be considered ministerially, without discretionary review or a hearing, if specified requirements are met, including that at least 50% of the unites in the project be occupied by students of the local university campus to which the project site is proximate. In connection with an application submitted pursuant to these provisions, the bill would require a city, county, or city and county to take specified actions, including, upon the request of the applicant, provide a list of permits and fees that are required by the city, county, or city and county. By imposing new duties on local jurisdictions, this 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.
By establishing a streamlined, ministerial approval process for certain housing developments, this bill would expand the exemption for the ministerial approval of projects under CEQA.
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 no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 65914.8 is added to the Government Code, to read:65914.8. (a) A city, county, or city and county shall not prohibit a dormitory on any real property located within one-half mile of a university campus.(b) A city, county, or city and county shall classify student housing as a permitted use on all real property within one-half mile of a university campus for zoning purposes.(c) A proposed student housing project shall be considered ministerially, without discretionary review or a hearing, if the proposed student housing project meets all of the following requirements:(1) At least 50 percent of the units of the student housing project is occupied by students of the local university campus to which the project site is proximate.(2) The residential density for a student housing project, as measured on the development footprint, is the greater of the following:(A) The residential density allowed on the parcel by the city, county, or city and county, as applicable.(B) The applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2.(3) The height limit for the housing development is the greater of the following:(A) The height limit allowed on the parcel by the city, county, or city and county, as applicable.(B) Thirty-five feet.(d) Notwithstanding any other law, a local agency shall not impose or enforce any minimum automobile parking requirement as a requirement of approval for a permit to construct a student housing project.(e) A local agency may require a setback of up to four feet from the side and rear lot lines of the student housing project subject to this section.(f) The student housing project shall have a recorded deed restriction that ensures, for a period of at least 55 years, both of the following:(1) At least one-third of the units are set at an affordable rent to lower income or moderate-income households.(2) At least 15 percent of the units are affordable to lower income households.(g) In connection with an application submitted pursuant to subdivision (c), a city, county, or city and county shall do all of the following:(1) Upon the request of the applicant, provide a list of the permits and fees that are required by the city, county, or city and county, including, but not limited to, information about other permits that may be required by other departments in the city, county, or city and county, or by other public agencies.(2) Upon the request of the applicant, provide information about the anticipated length of time for reviewing and processing the permit application.(3) Upon the request of the applicant, provide information on the breakdown of any individual fees charged in connection with the issuance of the permit.(4) If a deposit is required to cover the cost of the permit, provide information to the applicant about the estimated final cost to the applicant of the permit and the procedures for receiving a refund of the portion of the deposit not used.(h) For purposes of this section, the following definitions apply:(1) Student housing project means one or more housing facilities to be occupied by students of one or more campuses proximate to a university campus, including, but not limited to, dining spaces, academic spaces, student support service spaces, and other necessary and usual attendant and related facilities and equipment.(2) University campus has the same meaning as main campus, as defined in Section 94849 of the Education Code.SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 65914.8 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 65914.8 is added to the Government Code, to read:65914.8. (a) A city, county, or city and county shall not prohibit a dormitory on any real property located within one-half mile of a university campus.(b) A city, county, or city and county shall classify student housing as a permitted use on all real property within one-half mile of a university campus for zoning purposes.(c) A proposed student housing project shall be considered ministerially, without discretionary review or a hearing, if the proposed student housing project meets all of the following requirements:(1) At least 50 percent of the units of the student housing project is occupied by students of the local university campus to which the project site is proximate.(2) The residential density for a student housing project, as measured on the development footprint, is the greater of the following:(A) The residential density allowed on the parcel by the city, county, or city and county, as applicable.(B) The applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2.(3) The height limit for the housing development is the greater of the following:(A) The height limit allowed on the parcel by the city, county, or city and county, as applicable.(B) Thirty-five feet.(d) Notwithstanding any other law, a local agency shall not impose or enforce any minimum automobile parking requirement as a requirement of approval for a permit to construct a student housing project.(e) A local agency may require a setback of up to four feet from the side and rear lot lines of the student housing project subject to this section.(f) The student housing project shall have a recorded deed restriction that ensures, for a period of at least 55 years, both of the following:(1) At least one-third of the units are set at an affordable rent to lower income or moderate-income households.(2) At least 15 percent of the units are affordable to lower income households.(g) In connection with an application submitted pursuant to subdivision (c), a city, county, or city and county shall do all of the following:(1) Upon the request of the applicant, provide a list of the permits and fees that are required by the city, county, or city and county, including, but not limited to, information about other permits that may be required by other departments in the city, county, or city and county, or by other public agencies.(2) Upon the request of the applicant, provide information about the anticipated length of time for reviewing and processing the permit application.(3) Upon the request of the applicant, provide information on the breakdown of any individual fees charged in connection with the issuance of the permit.(4) If a deposit is required to cover the cost of the permit, provide information to the applicant about the estimated final cost to the applicant of the permit and the procedures for receiving a refund of the portion of the deposit not used.(h) For purposes of this section, the following definitions apply:(1) Student housing project means one or more housing facilities to be occupied by students of one or more campuses proximate to a university campus, including, but not limited to, dining spaces, academic spaces, student support service spaces, and other necessary and usual attendant and related facilities and equipment.(2) University campus has the same meaning as main campus, as defined in Section 94849 of the Education Code.
SECTION 1. Section 65914.8 is added to the Government Code, to read:
### SECTION 1.
65914.8. (a) A city, county, or city and county shall not prohibit a dormitory on any real property located within one-half mile of a university campus.(b) A city, county, or city and county shall classify student housing as a permitted use on all real property within one-half mile of a university campus for zoning purposes.(c) A proposed student housing project shall be considered ministerially, without discretionary review or a hearing, if the proposed student housing project meets all of the following requirements:(1) At least 50 percent of the units of the student housing project is occupied by students of the local university campus to which the project site is proximate.(2) The residential density for a student housing project, as measured on the development footprint, is the greater of the following:(A) The residential density allowed on the parcel by the city, county, or city and county, as applicable.(B) The applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2.(3) The height limit for the housing development is the greater of the following:(A) The height limit allowed on the parcel by the city, county, or city and county, as applicable.(B) Thirty-five feet.(d) Notwithstanding any other law, a local agency shall not impose or enforce any minimum automobile parking requirement as a requirement of approval for a permit to construct a student housing project.(e) A local agency may require a setback of up to four feet from the side and rear lot lines of the student housing project subject to this section.(f) The student housing project shall have a recorded deed restriction that ensures, for a period of at least 55 years, both of the following:(1) At least one-third of the units are set at an affordable rent to lower income or moderate-income households.(2) At least 15 percent of the units are affordable to lower income households.(g) In connection with an application submitted pursuant to subdivision (c), a city, county, or city and county shall do all of the following:(1) Upon the request of the applicant, provide a list of the permits and fees that are required by the city, county, or city and county, including, but not limited to, information about other permits that may be required by other departments in the city, county, or city and county, or by other public agencies.(2) Upon the request of the applicant, provide information about the anticipated length of time for reviewing and processing the permit application.(3) Upon the request of the applicant, provide information on the breakdown of any individual fees charged in connection with the issuance of the permit.(4) If a deposit is required to cover the cost of the permit, provide information to the applicant about the estimated final cost to the applicant of the permit and the procedures for receiving a refund of the portion of the deposit not used.(h) For purposes of this section, the following definitions apply:(1) Student housing project means one or more housing facilities to be occupied by students of one or more campuses proximate to a university campus, including, but not limited to, dining spaces, academic spaces, student support service spaces, and other necessary and usual attendant and related facilities and equipment.(2) University campus has the same meaning as main campus, as defined in Section 94849 of the Education Code.
65914.8. (a) A city, county, or city and county shall not prohibit a dormitory on any real property located within one-half mile of a university campus.(b) A city, county, or city and county shall classify student housing as a permitted use on all real property within one-half mile of a university campus for zoning purposes.(c) A proposed student housing project shall be considered ministerially, without discretionary review or a hearing, if the proposed student housing project meets all of the following requirements:(1) At least 50 percent of the units of the student housing project is occupied by students of the local university campus to which the project site is proximate.(2) The residential density for a student housing project, as measured on the development footprint, is the greater of the following:(A) The residential density allowed on the parcel by the city, county, or city and county, as applicable.(B) The applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2.(3) The height limit for the housing development is the greater of the following:(A) The height limit allowed on the parcel by the city, county, or city and county, as applicable.(B) Thirty-five feet.(d) Notwithstanding any other law, a local agency shall not impose or enforce any minimum automobile parking requirement as a requirement of approval for a permit to construct a student housing project.(e) A local agency may require a setback of up to four feet from the side and rear lot lines of the student housing project subject to this section.(f) The student housing project shall have a recorded deed restriction that ensures, for a period of at least 55 years, both of the following:(1) At least one-third of the units are set at an affordable rent to lower income or moderate-income households.(2) At least 15 percent of the units are affordable to lower income households.(g) In connection with an application submitted pursuant to subdivision (c), a city, county, or city and county shall do all of the following:(1) Upon the request of the applicant, provide a list of the permits and fees that are required by the city, county, or city and county, including, but not limited to, information about other permits that may be required by other departments in the city, county, or city and county, or by other public agencies.(2) Upon the request of the applicant, provide information about the anticipated length of time for reviewing and processing the permit application.(3) Upon the request of the applicant, provide information on the breakdown of any individual fees charged in connection with the issuance of the permit.(4) If a deposit is required to cover the cost of the permit, provide information to the applicant about the estimated final cost to the applicant of the permit and the procedures for receiving a refund of the portion of the deposit not used.(h) For purposes of this section, the following definitions apply:(1) Student housing project means one or more housing facilities to be occupied by students of one or more campuses proximate to a university campus, including, but not limited to, dining spaces, academic spaces, student support service spaces, and other necessary and usual attendant and related facilities and equipment.(2) University campus has the same meaning as main campus, as defined in Section 94849 of the Education Code.
65914.8. (a) A city, county, or city and county shall not prohibit a dormitory on any real property located within one-half mile of a university campus.(b) A city, county, or city and county shall classify student housing as a permitted use on all real property within one-half mile of a university campus for zoning purposes.(c) A proposed student housing project shall be considered ministerially, without discretionary review or a hearing, if the proposed student housing project meets all of the following requirements:(1) At least 50 percent of the units of the student housing project is occupied by students of the local university campus to which the project site is proximate.(2) The residential density for a student housing project, as measured on the development footprint, is the greater of the following:(A) The residential density allowed on the parcel by the city, county, or city and county, as applicable.(B) The applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2.(3) The height limit for the housing development is the greater of the following:(A) The height limit allowed on the parcel by the city, county, or city and county, as applicable.(B) Thirty-five feet.(d) Notwithstanding any other law, a local agency shall not impose or enforce any minimum automobile parking requirement as a requirement of approval for a permit to construct a student housing project.(e) A local agency may require a setback of up to four feet from the side and rear lot lines of the student housing project subject to this section.(f) The student housing project shall have a recorded deed restriction that ensures, for a period of at least 55 years, both of the following:(1) At least one-third of the units are set at an affordable rent to lower income or moderate-income households.(2) At least 15 percent of the units are affordable to lower income households.(g) In connection with an application submitted pursuant to subdivision (c), a city, county, or city and county shall do all of the following:(1) Upon the request of the applicant, provide a list of the permits and fees that are required by the city, county, or city and county, including, but not limited to, information about other permits that may be required by other departments in the city, county, or city and county, or by other public agencies.(2) Upon the request of the applicant, provide information about the anticipated length of time for reviewing and processing the permit application.(3) Upon the request of the applicant, provide information on the breakdown of any individual fees charged in connection with the issuance of the permit.(4) If a deposit is required to cover the cost of the permit, provide information to the applicant about the estimated final cost to the applicant of the permit and the procedures for receiving a refund of the portion of the deposit not used.(h) For purposes of this section, the following definitions apply:(1) Student housing project means one or more housing facilities to be occupied by students of one or more campuses proximate to a university campus, including, but not limited to, dining spaces, academic spaces, student support service spaces, and other necessary and usual attendant and related facilities and equipment.(2) University campus has the same meaning as main campus, as defined in Section 94849 of the Education Code.
65914.8. (a) A city, county, or city and county shall not prohibit a dormitory on any real property located within one-half mile of a university campus.
(b) A city, county, or city and county shall classify student housing as a permitted use on all real property within one-half mile of a university campus for zoning purposes.
(c) A proposed student housing project shall be considered ministerially, without discretionary review or a hearing, if the proposed student housing project meets all of the following requirements:
(1) At least 50 percent of the units of the student housing project is occupied by students of the local university campus to which the project site is proximate.
(2) The residential density for a student housing project, as measured on the development footprint, is the greater of the following:
(A) The residential density allowed on the parcel by the city, county, or city and county, as applicable.
(B) The applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2.
(3) The height limit for the housing development is the greater of the following:
(A) The height limit allowed on the parcel by the city, county, or city and county, as applicable.
(B) Thirty-five feet.
(d) Notwithstanding any other law, a local agency shall not impose or enforce any minimum automobile parking requirement as a requirement of approval for a permit to construct a student housing project.
(e) A local agency may require a setback of up to four feet from the side and rear lot lines of the student housing project subject to this section.
(f) The student housing project shall have a recorded deed restriction that ensures, for a period of at least 55 years, both of the following:
(1) At least one-third of the units are set at an affordable rent to lower income or moderate-income households.
(2) At least 15 percent of the units are affordable to lower income households.
(g) In connection with an application submitted pursuant to subdivision (c), a city, county, or city and county shall do all of the following:
(1) Upon the request of the applicant, provide a list of the permits and fees that are required by the city, county, or city and county, including, but not limited to, information about other permits that may be required by other departments in the city, county, or city and county, or by other public agencies.
(2) Upon the request of the applicant, provide information about the anticipated length of time for reviewing and processing the permit application.
(3) Upon the request of the applicant, provide information on the breakdown of any individual fees charged in connection with the issuance of the permit.
(4) If a deposit is required to cover the cost of the permit, provide information to the applicant about the estimated final cost to the applicant of the permit and the procedures for receiving a refund of the portion of the deposit not used.
(h) For purposes of this section, the following definitions apply:
(1) Student housing project means one or more housing facilities to be occupied by students of one or more campuses proximate to a university campus, including, but not limited to, dining spaces, academic spaces, student support service spaces, and other necessary and usual attendant and related facilities and equipment.
(2) University campus has the same meaning as main campus, as defined in Section 94849 of the Education Code.
SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 65914.8 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 65914.8 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 65914.8 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
### SEC. 2.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
### SEC. 3.