California § 65914.7 - Notwithstanding any law, a housing development project shall be deemed an allowab

§ 65914.7. Notwithstanding any law, a housing development project shall be deemed an allowab

(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 either of the following occurs: (A) At least 30 percent of the total units of the housing development shall be set at a rent affordable to lower income households, and at least 20 percent of the housing development shall be set at a rent affordable to moderate-income households. (B) At least 12 percent of the total units of the housing development shall be set at a rent affordable to very low income households, at least 15 percent of the housing development shall be set at a rent affordable to lower income households, and at least 20 percent of the housing development shall be set at a rent affordable to moderate-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 applications pursuant to subparagraph (A) to occupy the units, the unoccupied units may be offered to employees of other local educational agencies. (C) If the local educational agency receives an insufficient number of applications pursuant to subparagraphs (A) and (B) to 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 applications pursuant to subparagraphs (A), (B), and (C) to 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 offer the units pursuant to the sequence described in subparagraphs (A) to (D), inclusive. (4) The allowable residential density for the housing development, as measured on the development footprint, shall be the greater of the following: (A) The residential density allowed on the parcel by the city or county, as applicable. (B) Twice the applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2. (5) The height limit for the housing development shall be the following: (A) For a site that is either surrounded by single-family zoning or is not within one-half mile of a major transit stop, the greater of the following: (i) The height limit allowed on the parcel by the city or county, as applicable. (ii) Thirty-five feet. (B) For a site that is not within a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, is not surrounded by single-family zoning, and is within one-half mile of a major transit stop, the greater of the following: (i) The height limit allowed on the parcel by the city or county, as applicable. (ii) Forty-five feet. (C) For a site that is within a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, is not surrounded by single-family zoning, and is within one-half mile of a major transit stop, the greater of the following: (i) The height limit allowed on the parcel by the city or county, as applicable. (ii) Sixty-five feet. (6) (A) (i) The housing development shall satisfy other local objective zoning standards, objective subdivision standards, and objective design review standards that apply for the zone in the city, county, or city and county closest in proximity to the project that allows multifamily residential use at the residential density proposed by the project. (ii) If no zone exists that allows the residential density proposed by the project, the applicable objective zoning standards, objective subdivision standards, and objective design review standards shall be those for the zone that allow the greatest density within the city, county, or city and county. (B) Notwithstanding subparagraph (A), a local agency shall not apply any individual or combination of objective zoning standards, objective subdivision standards, and objective design review standards to the project that preclude the development from being built at the density proposed by the project. (C) For purposes of this section, the terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the city or county, as applicable, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (D) Nothing in this paragraph shall be construed as exempting a proposed project that falls under this section from the requirements of paragraph (4). (7) The property is located entirely within any applicable urban limit line or urban growth boundary established by local ordinance. (8) The housing development complies with all infrastructure-related requirements, including impact fees that are existing or pending at the time the application is submitted, imposed by a city or county or a special district that provides service to the parcel. (b) (1) Notwithstanding any local law, a housing development that meets the requirements of this section shall be deemed consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan. (2) A housing development proposed pursuant to this section shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Section 65915. (c) The local educational agency shall maintain ownership of a housing development that meets the requirements of this section for the length of the 55-year affordability requirement described in paragraph (2) of subdivision (a). (d) Subject to the requirements of Article 8 (commencing with Section 17515) and Article 9 (commencing with Section 17527) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, any land used for the development of a housing development that meets the requirements of this section may be jointly used or jointly occupied by the local educational agency and any other party. (e) Any land used for the development of a housing development that meets the requirements of this section shall be exempt from the requirements of all of the following: (1) Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5. (2) Article 2 (commencing with Section 17230) of Chapter 1 of Part 10.5 of Division 1 of Title 1 of the Education Code. (3) Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code. (f) For purposes of this section, the following definitions shall apply: (1) “Affordable rent” means an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. (2) “Development footprint” means the portion of the property that is developed for the housing development, inclusive of parking and roadways developed internal to the site to serve the housing development, and other aboveground improvements developed to serve the housing development. (3) “Housing development project” has the same meaning as in paragraph (2) of subdivision (h) of Section 65589.5. (4) “Local agency” means a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof. (5) “Local educational agency” means a school district or county office of education. (6) “Local educational agency employee” has the same meaning as “teacher or school district employee,” as defined in subdivision (c) of Section 53572 of the Health and Safety Code. (7) “Local public employee” has the same meaning as defined in subdivision (b) of Section 53572 of the Health and Safety Code. (8) “Lower income households” has the same meaning as in Section 50079.5 of the Health and Safety Code. (9) “Major transit stop” means the same as the definition in subdivision (b) of Section 21155 of the Public Resources Code. (10) “Moderate-income households” has the same meaning as in Section 50093 of the Health and Safety Code. (11) “Real property owned by a local educational agency” means real property owned by a local education agency as of January 1, 2026. (12) “Total units” has the same meaning as in paragraph (9) of subdivision (o) of Section 65915. (13) “Very low income households” has the same meaning as defined in Section 50105 of the Health and Safety Code. (g) The local government’s review of a housing development pursuant to this section to determine whether the development complies with objective development standards, including objective design review standards, shall be conducted consistent with the requirements of Section 65589.5. (h) This section shall remain in effect only until January 1, 2036, and as of that date is repealed.