(a) Except as provided in subdivision (r), a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (c) and is not subject to a conditional use permit or any other nonlegislative discretionary approval if the development complies with subdivision (b) and satisfies all of the following objective planning standards: (1) The development is a multifamily housing development that contains two or more residential units. (2) The development and the site on which it is located satisfy all 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 either an urbanized area or urban cluster, 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 or urban cluster, 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 only separated by a street or highway shall be considered to be adjoined. (C) (i) A site that meets the requirements of clause (ii) and satisfies any of the following: (I) The site is zoned for residential use or residential mixed-use development. (II) The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses. (III) The site meets the requirements of Section 65852.24. (ii) At least two-thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages. (3) (A) The development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required pursuant to subparagraph (B) of paragraph (4) shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for no less than the following periods of time: (i) Fifty-five years for units that are rented. (ii) Forty-five years for units that are owned. (B) The city or county shall require the recording of covenants or restrictions implementing this paragraph for each parcel or unit of real property included in the development. (4) The development satisfies clause (i) or (ii) of subparagraph (A) and satisfies subparagraph (B) below: (A) (i) For a development located in a locality that is in its sixth or earlier housing element cycle, the development is located in either of the following: (I) In a locality that the department has determined is subject to this clause on the basis that the number of units that have been issued building permits, as shown on the most recent production report received by the department, is less than the localityâs share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subclause until the departmentâs determination for the next reporting period. (II) In a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department. A locality shall remain eligible under this subclause until such time as the locality adopts a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the departme
‹ 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.