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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-18</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Hoover</ns0:AuthorText>
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<ns0:Legislator>
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<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Hoover</ns0:Name>
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<ns0:Title> An act to amend Sections 65912.101 and 65912.123 of the Government Code, relating to housing. </ns0:Title>
<ns0:RelatingClause>housing</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Affordable Housing and High Road Jobs Act of 2022: use by right: objective standards.</ns0:Subject>
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<html:p>The Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes a development proponent to submit an application for a mixed-income housing development along a commercial corridor that satisfies specified site criteria, affordability criteria, and objective development standards, and deems a housing development that meets those requirements a use by right and subject to streamlined, ministerial review. Existing law prohibits the objective standards from precluding a development from being built at specified residential density required and from requiring the development to reduce unit size to meet the objective standards.</html:p>
<html:p>This bill would also prohibit the objective standards from prohibiting or otherwise limiting mixed-use development in a housing development project. By changing the criteria local agencies must follow for
the approval of certain development projects, the bill would impose a state-mandated local program.</html:p>
<html:p>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.</html:p>
<html:p>The Affordable Housing and High Road Jobs Act of 2022 defines various terms for purposes of the act. The act defines “use by
right” to means a development project that, among other things, any aspect of the development project, including permits required for the development project, is not a “project” for purposes of CEQA.</html:p>
<html:p>This bill would instead define “use by right” to mean a development project that, among other things, any aspect of the development project, including a state or local permit or approval required for the development project, is not a “project” for purposes of CEQA.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 65912.101 of the
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is amended to read:
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<ns0:Num>65912.101.</ns0:Num>
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<html:p>For purposes of this chapter:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Base units” has the same meaning as “total units” as defined in subparagraph (A) of paragraph (8) of subdivision (o) of Section 65915.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Campus development zone” means the set of parcels that are contained either wholly or partially within a one-half mile radius of a “main campus,” as defined by Section 94849 of the Education Code, of the University of California, the California State University, or the California Community Colleges.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Commercial corridor” means a street that is not a freeway and that has a right-of-way of at least 70 and not greater than 150 feet.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“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 chapter.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Extremely low income faculty or staff” means an employee of the University of California, the California State University, or the California Community Colleges who satisfies the requirements of Section 50106 of the Health and Safety Code.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Extremely low income households” has the same meaning as defined in Section 50106 of the Health and Safety Code.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Freeway” has the same meaning as defined in Section 332 of the Vehicle Code, except it does not include the portion of a freeway that is an on ramp or off ramp that serves as a connector between the freeway and other roadways that are not
freeways.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Health care expenditures” include contributions under Sections 501(c) or (d) or 401(a) of the Internal Revenue Code and payments toward “medical care” as defined under Section 213(d)(1) of the Internal Revenue Code.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Housing development project” has the same meaning as defined in Section 65589.5.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Industrial use” means utilities, manufacturing, transportation storage and maintenance facilities, warehousing uses, and any other use that is a source that is subject to permitting by a district, as defined in Section 39025 of the Health and Safety Code, pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). “Industrial use” does not include any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Power substations or utility conveyances such as power lines, broadband wires, and pipes.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A use where the only source permitted by a district is an emergency backup generator.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Self-storage for the residents of a building.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
“Local affordable housing requirement” means either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A local government requirement, as a condition of development of residential units, that a housing development project include a certain percentage of units affordable to, and occupied by, extremely low, very low, lower, or moderate-income households as a condition of development of residential units.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A local government
requirement allowing a housing development project to be a use by right if the project includes a certain percentage of units affordable to, and occupied by, extremely low, very low, lower, or moderate-income households as a condition of development of residential units.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
“Lower income faculty or staff” means an employee of the University of California, the California State University, or the California Community Colleges who satisfies the requirements of Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
“Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Lower income student” means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A student who has a household income and asset level that does not exceed either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The level for Cal Grant A or Cal Grant B award recipients as set forth in subdivision (k) of Section 69432.7 of the Education Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The level for the California College Promise Grant as set forth in clause (ii) of subparagraph (B) of paragraph (1) of subdivision (g) of Section 76300 of the Education Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A student who otherwise qualifies for the California College Promise Grant as set forth in subparagraph (B) of paragraph (1) of subdivision (g) of Section 76300 of the Education Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A student who qualifies for Federal Pell Grant financial aid pursuant to Section 1070a of Title 20 of the United States Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A student who qualifies for an exemption from paying nonresident tuition pursuant to Section 68130.5 of the Education Code, provided that the student also meets income criteria in subparagraph (A) or (B).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A graduate student with income and asset levels that would qualify for one or more of the benefits in subparagraphs (A) to (D), inclusive, as determined by the campus at which the student is enrolled.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The eligibility of a student to occupy a unit for lower income students under this subdivision shall be verified by an affidavit, award letter, or letter of eligibility demonstrating that the student is eligible for
financial aid, including an institutional grant or fee waiver, provided by the institution of higher education in which the student is enrolled, by the Student Aid Commission, or by the federal government.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
“Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
“Minimum efficiency reporting value” or “MERV” means the measurement scale developed by the American Society of Heating, Refrigerating and Air-Conditioning Engineers used to report the effectiveness of air filters.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
“Moderate-income households” means households of persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
“Multifamily” means a property with five or more housing
units for sale or for rent.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
“Neighborhood plan” means a specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3, an area plan, precise plan, community plan, urban village plan, or master plan. To qualify as a neighborhood plan, the plan must have been adopted by a local government before January 1, 2024, and within 25 years of the date that a development proponent submits an application pursuant to this chapter. A neighborhood plan does not include a community plan or plans where the cumulative area covered by the community plans in the jurisdiction is more than one-half of the area of the jurisdiction.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
“Principally permitted use” means a use that, as of January 1, 2023, or thereafter, may occupy more than one-third of the square footage of designated use on the site and does not require a conditional use permit, except that parking uses
are considered principally permitted whether or not they require a conditional use permit.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
“Regional mall” means a site that meets all of the following criteria on the date that a development proponent submits an application pursuant to this chapter:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The permitted uses on the site include at least 250,000 square feet of retail use.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
At least two-thirds of the permitted uses on the site are retail uses.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
At least two of the permitted retail uses on the site are at least 10,000 square feet.
</html:p>
<html:p>
(w)
<html:span class="EnSpace"/>
“Street” has the same meaning as defined in Section 590 of the Vehicle Code, and includes sidewalks, as defined in Section 555 of the Vehicle Code.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
“Urban uses” means any current or former residential, commercial, public institutional, public park that is surrounded by other urban uses, parking lot or structure, transit or transportation passenger facility, or retail use, or any combination of those uses.
</html:p>
<html:p>
(y)
<html:span class="EnSpace"/>
“Use by right” means a development project for which both of the following are true:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The development project is not subject to a conditional use permit, planned unit development permit, or any other discretionary local government approval, permit, or review process.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any aspect of the
development project, including a local or state permit or approval required for the development project, is not a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
</html:p>
<html:p>
(z)
<html:span class="EnSpace"/>
“Very low income faculty or staff” means an employee of the University of California, the California State University, or the California Community Colleges who satisfies the requirements of Section 50105 of the Health and Safety Code.
</html:p>
<html:p>
(aa)
<html:span class="EnSpace"/>
“Very low
income households” has the same meaning as defined in Section 50105 of the Health and Safety Code.
</html:p>
<html:p>
(ab)
<html:span class="EnSpace"/>
“Very low vehicle travel area” has the same meaning as defined in Section 65589.5.1.
</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 65912.123 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>65912.123.</ns0:Num>
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<html:p>A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project meets all of the following objective development standards:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The development shall be a multifamily housing development project.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The residential density for the development, prior to the award of any eligible density bonus pursuant to Section 65915, shall be determined as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
In a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, the allowable residential density for the development shall be the greater of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The maximum allowable residential density, as defined in paragraph (6) of subdivision (o) of Section 65915, allowed on the parcel by the local government.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For sites of less than one acre in size, 30 units per acre.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 40 units per acre.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 60 units per acre.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (B), (C), or (D), for sites within a very low vehicle travel area, within one-half mile of a major transit stop, or within a campus development zone, 80 units per acre.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In a jurisdiction that is not a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, the allowable residential density for the development shall be the greater of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The maximum allowable residential density, as defined in paragraph (6) of subdivision (o) of Section 65915, allowed on the parcel by the local government.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For sites of less than one acre in size, 20 units per acre.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 30 units per acre.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 50 units
per acre.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (B), (C), or (D), for sites within a very low vehicle travel area, within one-half mile of a major transit stop, or within a campus development zone, 70 units per acre.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For a housing development project application that has been determined to be consistent with the objective planning standards specified in this article, pursuant to subdivision (a) of Section 65912.124, before January 1, 2027, the development project shall be developed at a density as follows:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Except as provided in clause (ii), 50 percent or greater of the applicable allowable residential density contained in subparagraphs (B) to (E), inclusive, of paragraph (1) or subparagraphs (B) to (E), inclusive, of paragraph (2), as applicable.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For a site within one-half mile of an existing passenger rail or bus rapid transit station, 75 percent or greater of the applicable allowable residential density contained in subparagraphs (B) to (E), inclusive, of paragraph (1) or subparagraphs (B) to (E), inclusive, of paragraph (2), as applicable.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For a site within a campus development zone, 75 percent or greater of the applicable allowable residential density contained in subparagraph (E) of paragraph (2).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a housing development project application that has been determined to be consistent with the objective planning standards specified in this article, pursuant to subdivision (a) of Section 65912.124, on or after January 1, 2027, the development project shall be developed at a density that is 75 percent or greater of the applicable allowable
residential density contained in subparagraphs (B) to (E), inclusive, of paragraph (1) or subparagraphs (B) to (E), inclusive, of paragraph (2), as applicable.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) and (2), a development project shall not be subject to any density limitation if the development project is a conversion of existing buildings into residential use, unless the development project includes additional new square footage that is more than 20 percent of the overall square footage of the project.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The height limit applicable to the housing development shall be the greater of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The height allowed on the parcel by the local government.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For sites on a commercial corridor of less than 100 feet in width, 35 feet.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For sites on a commercial corridor of 100 feet in width or greater, 45 feet.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (2) and (3), 65 feet for sites that meet all of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
They are within one-half mile of a major transit stop.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
They are within a city with a population of greater than 100,000.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
They are not within a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For sites in a campus development zone, either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Forty-five feet, if not located in a metropolitan
jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Sixty-five feet, if located in a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The development project meets the following standards:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For the portion of the property that fronts a commercial corridor or for a property in a campus development zone, the following shall occur:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
No setbacks shall be required.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
All aboveground parking must be
set back at least 25 feet.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
On the ground floor, a building or buildings must abut within 10 feet of the street for at least 80 percent of the frontage.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the portion of the property that abuts an adjoining property that also abuts the same commercial corridor as the property, no setbacks are required unless the adjoining property contains a residential use that was constructed prior to the enactment of this chapter, in which case the requirements of subparagraph (A) of paragraph (3) apply.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For the portion of the property line that does not abut or lie within a commercial corridor, or an adjoining property that also abuts the same commercial corridor as the property, the following shall occur:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Along property lines that abut a property
that contains a residential use, the following shall occur:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The ground floor of the development project shall be set back at 10 feet. The amount required to be set back may be decreased by the local government.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Starting with the second floor of the property, each subsequent floor of the development project shall be stepped back in an amount equal to seven feet multiplied by the floor number. For purposes of this paragraph, the ground floor counts as the first floor. The amount required to be stepped back may be decreased by the local government.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Along property lines that abut a property that does not contain a residential use, the development shall be set back 15 feet. The amount required to be stepped back may be decreased by the local government.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For a development project at a regional mall, all of the following requirements apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The average size of a block shall not exceed three acres. For purposes of this subparagraph, a “block” means an area fully surrounded by streets, pedestrian paths, or a combination of streets and pedestrian paths that are each at least 40 feet in width.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
At least 5 percent of the site shall be dedicated to open space.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For the portion of the property that fronts a street that is newly created by the project and is not a commercial corridor, a building shall abut within 10 feet of the street for at least 60 percent of the frontage.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
No parking shall be required, including replacement parking, except that this article shall not reduce,
eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development to provide bicycle parking, electric vehicle supply equipment installed parking spaces, or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this article did not apply.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For any housing on the site located within 500 feet of a freeway, all of the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The building shall have a centralized heating, ventilation, and air-conditioning system.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The building shall provide air filtration media for outside and return air
that provide a minimum efficiency reporting value of 16.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The air filtration media shall be replaced at the manufacturer’s designated interval.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The building shall not have any balconies facing the freeway.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
None of the housing on the site is located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The development proponent shall provide written notice of the pending application to each commercial tenant on the parcel when the application is submitted.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The development proponent shall provide relocation assistance to each eligible commercial tenant located on the site as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For a commercial tenant operating on the site for at least one year but less than five years, the relocation assistance shall be equivalent to six months’ rent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a commercial tenant operating on the site for at least 5 years but less than 10 years, the relocation assistance shall be equivalent to nine months’ rent.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For a commercial tenant operating on the site for at least 10 years but less than 15 years, the relocation assistance shall be equivalent to 12 months’ rent.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For a commercial tenant operating on the site for at least 15 years but less than 20 years, the relocation assistance shall be equivalent to 15 months’ rent.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For a commercial tenant operating on the site
for at least 20 years, the relocation assistance shall be equivalent to 18 months’ rent.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The relocation assistance shall be provided to an eligible commercial tenant upon expiration of the lease of that commercial tenant.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this subdivision, a commercial tenant is eligible for relocation assistance if the commercial tenant meets all of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The commercial tenant is an independently owned and operated business with its principal office located in the county in which the property on the site that is leased by the commercial tenant is located.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The commercial tenant’s lease expired and was not renewed by the property owner.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The commercial
tenant’s lease expired within the three years following the development proponent’s submission of the application for a housing development pursuant to this article.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The commercial tenant employs 20 or fewer employees and has annual average gross receipts under one million dollars ($1,000,000) for the three-taxable-year period ending with the taxable year that precedes the expiration of their lease.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The commercial tenant is still in operation on the site at the time of the expiration of its lease.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding paragraph (4), for purposes of this subdivision, a commercial tenant is ineligible for relocation assistance if the commercial tenant meets both of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The commercial tenant entered into a lease on the site
after the development proponent’s submission of the application for a housing development pursuant to this article.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The commercial tenant had not previously entered into a lease on the site.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The commercial tenant shall utilize the funds provided by the development proponent to relocate the business or for costs of a new business.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding paragraph (2), if the commercial tenant elects not to use the funds provided as required by subparagraph (A), the development proponent shall provide only assistance equal to three months’ rent, regardless of the duration of the commercial tenant’s lease.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
For purposes of this subdivision, monthly rent is equal to one-twelfth of the total amount of rent paid by the
commercial tenant in the last 12 months.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For any project that is the conversion of an existing building for nonresidential use building to residential use, the local government shall not require the provision of common open space beyond what is required for the existing project site.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Objective zoning standards, objective subdivision standards, and objective design review standards not specified elsewhere in this section, as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The applicable objective standards shall be those for the closest zone in the city, county, or city and county that allows multifamily residential use at the residential density proposed by the project. If no zone exists that allows the residential density proposed by the project, the applicable objective standards shall be those for the zone that allows the greatest density
within the city, county, or city and county.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The applicable objective standards shall be those in effect at the time that the development application is submitted to the local government pursuant to this article.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The objective standards shall not do any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Preclude a development from being built at the residential density required pursuant to subdivision
(b).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Require the development to reduce unit size to meet the objective standards.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Prohibit or otherwise limit mixed-use development in a housing development project.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The applicable objective standards may include a requirement that up to one-half of the ground floor of the housing development project be dedicated to retail use.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For purposes of this section, “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 before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A6CD0183-717A-4DC0-BDED-18C7EB84DF51">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act applies to all cities, including charter cities.</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_223F891E-D1EE-4372-AD78-6EE274018785">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B 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.
</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>