(a) (1) An adaptive reuse project that meets the requirements of subdivision (b) shall be deemed a use by right in all zones, regardless of the zoning of the site, and subject to the streamlined, ministerial review process described in Section 65658.8, except that both of the following conditions apply: (A) Any nonresidential uses of a proposed mixed-use adaptive reuse project shall be consistent with the land uses allowed by the zoning or a continuation of an existing zoning nonconforming use. (B) Any tourist hotel uses of a proposed adaptive reuse project shall be subject to the existing approval processes required by that local jurisdiction. (2) Notwithstanding any other law, an adaptive reuse project shall not be permitted in industrial zones that do not permit residential uses. (b) An adaptive reuse project shall comply with all of the following requirements: (1) The adaptive reuse project and the site on which it is located shall satisfy both of the following: (A) It is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of an urbanized area, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area, as designated by the United States Census Bureau. (B) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are separated by a street, highway, or any other right-of-way shall be considered to be adjoined. (2) The adaptive reuse project is proposed for any of the following, as applicable: (A) The project is proposed for an existing building or structure that is less than 50 years old. (B) The project is proposed for an existing building or structure that is listed on a local, state, or federal register of historic resources and the adaptive reuse project proponent complies with Section 65658.7. (C) The project is proposed for an existing building that is more than 50 years old and the local government has evaluated the site through a preliminary application or equivalent local process submitted pursuant to subdivision (a) of Section 65658.7 and either of the following is satisfied: (i) The local government determines that the building or structure is a historic resource and the adaptive reuse project proponent complies with Section 65658.7. (ii) The local government determines that the building or structure is not a historic resource. (3) The adaptive reuse project meets the following affordability criteria, as applicable: (A) (i) An adaptive reuse project for rental housing shall include either of the following: (I) Eight percent of the units for very low income households and 5 percent of the units for extremely low income households. (II) Fifteen percent of the units for lower income households. (ii) The development proponent shall agree to, and the local government shall require, the continued affordability of all affordable rental units included pursuant to this subdivision through a recorded affordability restriction for a period of 55 years. Rents shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (B) (i) An adaptive reuse project for owner-occupied housing shall comply with either of the following: (I) Thirty percent of the units shall be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to moderate-income households. (II) Fifteen percent of the units shall be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lower income households. (ii) The development proponent shall agree to, and the local government shall require, the continued affordability of all affordable ownership units through a recorded affordability restriction for a period of 45 years. (C) If the local government has a local affordable housing requirement, the housing dev
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.