California § 65912.122 - A development project shall not be subject to the streamlined, ministerial review

§ 65912.122. A development project shall not be subject to the streamlined, ministerial review

A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the new housing units created by the development project meet all of the following affordability criteria: (a) (1) Except as provided in paragraph (2), a rental housing development shall include either of the following: (A) Eight percent of the base units for very low income households and 5 percent of the units for extremely low income households. (B) Fifteen percent of the base units for lower income households. (2) Notwithstanding paragraph (1), a rental housing development in a campus development zone shall include either of the following: (A) (i) Both of the following: (I) Five percent of the base units for extremely low income households, extremely low income faculty or staff, or students experiencing homelessness. (II) Eight percent of the base units for very low income households, very low income faculty or staff, or students experiencing homelessness. (ii) For the purposes of this subparagraph, a homeless services provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homelessness status may verify a person’s status as homeless. (B) Fifteen percent of the base units for lower income households, lower income students, or lower income faculty or staff. (3) The development proponent shall agree to, and the local government shall ensure, the continued affordability of all affordable rental units included pursuant to this subdivision for 55 years. Rents shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (b) (1) Except as provided in paragraph (2), an owner-occupied housing development shall include either of the following: (A) Thirty percent of the base units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to moderate-income households. (B) Fifteen percent of the base units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lower income households. (2) Notwithstanding paragraph (1), an owner-occupied housing development in a campus development zone shall include either of the following: (A) Thirty percent of the base units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to moderate-income households. (B) Fifteen percent of the base units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lower income households, lower income students, or lower income faculty or staff. (3) The development proponent shall agree to, and the local government shall ensure, the continued affordability of all affordable ownership units for a period of 45 years. (c) If the local government has a local affordable housing requirement, the housing development project shall comply with all of the following: (1) The development project shall include the percentage of affordable units required by this section or the local requirement, whichever is higher. (2) The development project shall meet the affordability level of a local affordable housing requirement if it is a deeper affordability level than required by this section. (3) If the local affordable housing requirement requires greater than 15 percent of the units to be dedicated for lower income households and does not require the inclusion of units affordable to very low and extremely low income households, then the rental housing development shall do both of the following: (A) Include 8 percent of the units for very low income households and 5 percent of the units for extremely low income households. (B) Fifteen percent of units affordable to lower income households shall be subtracted from the percentage of units required by the local policy at the highest required affordability level. (d) Affordable units in the development project shall have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes.