California Public Resources Code § 21080.40

Public Resources Code
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(a) For purposes of this section, the following definitions apply: (1) “Affordable housing project” means a project consisting of multifamily residential uses only or a mix of multifamily residential and nonresidential uses, with at least two-thirds of the square footage of the project designated for residential use, and that satisfies all of the following requirements: (A) The project meets either of the following: (i) All of the residential units within the project, excluding managers’ units, are dedicated to lower income households, as defined by Section 50079.5 of the Health and Safety Code. (ii) The project complies with all of the requirements of Section 65914.7 of the Government Code. (B) (i) The project meets the labor standards set forth in Section 65912.130 of the Government Code. (ii) In addition to clause (i), for a project with 50 or more residential units, the project meets the labor standards set forth in Section 65912.131 of the Government Code. (C) The project is located on a legal parcel or parcels in any of the following locations: (i) In a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (ii) Within one-half mile walking distance to either a high-quality transit corridor or a major transit stop. (iii) In a very low vehicle travel area. (iv) Proximal to six or more amenities pursuant to paragraph (3) as of the date of submission of the application for the project. (D) Parcels that are developed with urban uses adjoin at least 75 percent of the perimeter of the project site or at least three sides of a four-sided project site. For purposes of this paragraph, parcels that are only separated by a street or highway shall be considered to be adjoined. (2) “High-quality transit corridor” has the same meaning as set forth in subdivision (b) of Section 21155. (3) “Proximal” to an amenity means either of the following: (A) Within one-half mile of any of the following amenities: (i) A bus station. (ii) A ferry terminal. (B) Within one mile, or for a parcel in a rural area, as defined in Section 50199.21 of the Health and Safety Code, within two miles, of any of the following amenities: (i) A supermarket or grocery store. (ii) A public park. (iii) A community center. (iv) A pharmacy or drugstore. (v) A medical clinic or hospital. (vi) A public library. (vii) A school that maintains a kindergarten or any of grades 1 to 12, inclusive. (4) “Vacant site” means a site without any houses, offices, buildings, or other significant improvements on it. (5) (A) “Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. (B) For purposes of subparagraph (A), “area” may include a travel analysis zone, hexagon, or grid. (C) For the purposes of determining “regional vehicle miles traveled per capita” pursuant to subparagraph (A), a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization. (b) Subject to subdivision (c), this division does not apply to any of the following: (1) The issuance of an entitlement by a public agency for an affordable housing project. (2) An action to lease, convey, or encumber land owned by a public agency for an affordable housing project. (3) An action to facilitate the lease, conveyance, or encumbrance of land owned or

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