The "Middle-Class Housing Act of 2022" (Chapter 4 Section 65852.24 of Division 1 of Title 7 of the Government Code) and the "Affordable Housing and High Road Jobs Act of 2022" (Chapter 4.1, commencing with Section 65912.100, of Division 1 of Title 7 of the Government Code) are hereby adopted by reference and incorporated into this code except as expressly superseded, amended, or not adopted by the local amendments set forth in this chapter.
Government Code Section 65852.24 deems a housing development
project to be an allowable use on a parcel that is within a zone where
office, retail, or parking are a principally permitted use, if specified
conditions are met, including requirements related to density, public
notice, comment, hearing or other procedures, site location and size,
consistency with a sustainable community strategy or alternative plans,
prevailing wage, and a skilled and trained workforce.
Government Code Section 65912.100 et seq. authorizes a development
proponent to submit an application for a housing development that
meets specified objective standards, affordability, and site criteria,
including being located within a zone where office, retail, or parking
are a principally permitted use, and would make the development a
use by right and subject to one or two streamlined, ministerial processes.
Further, those Government Code sections require that certain wage
and labor standards be met, including a requirement that all construction
workers will be paid at least the general prevailing rate of wages.
(Ord. 2023-006, 6/6/2023)
The following terms used in Section 20-33.030 shall be defined as follows:
The portion of the property that is developed for the housing
development, inclusive of parking and roadways developed internal
to the site to serve the housing development, and other above ground
improvements developed to serve the housing development.
A "teacher or school district employee," as defined in subdivision
(c) of Section 53572 of the Health and Safety Code.
A school district or county office of education.
Includes employees of a city, county, city and county, charter
city, charter county, charter city and county, special district, or
any combination thereof.
Any residential, commercial, public institutional, transit
or transportation passenger facility, or retail use, or any combination
of those uses.
Real property owned by a local education agency as of January
1, 2023.
(Ord. 2023-006, 6/6/2023)
A.
Notwithstanding any law, a housing development project shall be deemed
an allowable use on any real property owned by a local educational
agency if the housing development satisfies all of the following:
1.
The housing development consists of at least 10 housing units.
2.
The housing development shall have a recorded deed restriction
that ensures, for a period of at least 55 years, that the majority
of the units of the housing development shall be set at an affordable
rent to lower income or moderate-income households. However, at least
30 percent of the units shall be affordable to lower income households.
3.
One hundred percent of the units of the housing development
shall be rented by local educational agency employees, local public
employees, and general members of the public pursuant to the following
procedures:
a.
A local educational agency shall first offer the units to the
agency's local educational agency employees.
b.
If the local educational agency receives an insufficient number
of local educational agency employees to apply for and occupy the
units, the unoccupied units may be offered to employees of directly
adjacent local educational agencies.
c.
If the local educational agency receives an insufficient number
of employees of directly adjacent local educational agencies to apply
for and occupy the units, the unoccupied units may be offered to public
employees who work for a local agency within the jurisdiction of the
local educational agency.
d.
If the local agency receives an insufficient number of local
public employees to apply for and occupy the units, the unoccupied
units may be offered to general members of the public.
e.
When units in the housing development become unoccupied and
available for rent, a local educational agency shall first offer the
units to the agency's local educational agency employees.
4.
The residential density for the housing development, as measured
on the development footprint, shall be the greater of the following:
6.
The property is adjacent to a property that permits residential
uses as a principally permitted use.
7.
The property is located on an infill site. For purposes of this
section, "infill site" means a site in an urban area, as determined
by the 2020 United States Census, that meets either of the following
criteria:
a.
The site has not been previously developed for urban uses and
both of the following apply:
i.
The site is immediately adjacent to parcels that are developed with qualified urban uses, as defined in Section 20-33.020, or at least 75 percent of the perimeter of the site adjoins parcels that are developed with qualified urban uses, and the remaining 25 percent of the site adjoins parcels that have previously been developed for qualified urban uses.
ii.
No parcel within the site has been created within the past 10
years unless the parcel was created as a result of the plan of a redevelopment
agency.
8.
Objective zoning standards:
a.
The housing development shall satisfy other local objective
zoning standards, objective subdivision standards, and objective design
review standards that do not preclude the housing development from
achieving the residential density permitted pursuant to subsection
A.4 of this section or the height permitted pursuant to subsection
A.5.
b.
If the City has not adopted objective standards as provided
in clause (i) applicable to residential development on the parcel,
the housing development shall be subject to local zoning, parking,
design, and other ordinances, local code requirements, and procedures
applicable to the processing and permitting of a housing development
on the nearest parcel in a multifamily zone that meets or exceeds
the density and height provided in subsections A.4 and A.5 of this
section.
9.
The property is located entirely within any applicable urban
limit line or urban growth boundary as established under this code.
10.
The housing development complies with all infrastructure-related
requirements, including impact fees that are existing or pending at
the time the application is submitted.
B.
Notwithstanding any City law or ordinance, a housing development
that meets the requirements of this section shall be deemed consistent,
compliant, and in conformity with the City's development standards,
zoning codes or maps, and the general plan.
C.
The local educational agency shall maintain ownership of a housing
development that meets the requirements of this section for the length
of the 55-year affordability requirement described in subsection A.2
of this section.
D.
Subject to the requirements of Article 8 (commencing with Section 17515) and Article 9 (commencing with Section 17527) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, any land used for the development of a housing development that meets the requirements of this section may be jointly used or jointly occupied by the local educational agency and any other party.
E.
Any land used for the development of a housing development that meets
the requirements of this section shall be exempt from the requirements
of all of the following:
2.
Article 2 (commencing with Section 17230) of Chapter 1 of Part 10.5 of Division 1 of Title 1 of the Education Code.
3.
Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code.
(Ord. 2023-006, 6/6/2023)
