California Welfare and Institutions Code § 5831

Welfare and Institutions Code
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(a) (1) Notwithstanding any other law, a capital development project funded, in whole or in part, pursuant to Section 5892 shall be a use by right that shall be subject to the streamlined, ministerial review process, pursuant to subdivision (b), if it meets all of the following criteria: (A) (i) Affordable housing shall be located in a zone where multifamily residential, office, retail, or parking are a principally permitted use. Nothing here shall be construed to limit other housing interventions pursuant to Section 5830 that conform to existing zoning. (ii) The intent of capital development funding is to prioritize the production of housing that provides long-term housing stability. (B) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. (C) It satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the Government Code. (D) It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. (E) The development will meet the following objective zoning standards, objective subdivision standards, and objective design review standards: (i) For affordable housing, the applicable objective standards shall be those for the zone that allows residential use at a greater density between the following: (I) The existing zoning designation for the parcel if existing zoning allows for residential use. (II) The zoning designation for the closest parcel that allows residential use at a 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 of the Government Code. (ii) 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. (iii) A development proposed pursuant to this section shall be eligible for the same density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios applicable to a project that meets the criteria specified in subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915 of the Government Code. (F) No housing units were acquired by eminent domain. (G) The housing units will be in decent, safe, and sanitary condition at the time of their occupancy. (H) The project meets the labor standards contained in Sections 65912.130 and 65912.131 of the Government Code. (I) The project provides housing for individuals who meet the criteria specified in subdivision (a) of Section 5830 and their families. (J) Affordable housing shall require long-term covenants and restrictions require the housing units to be restricted to persons who meet the criteria specified in subdivision (a) for no fewer than 30 years. (2) (A) For purposes of this subdivision, parcels only separated by a street or highway shall be considered to be adjoined. (B) For purposes of this subdivision, “dedicated to industrial use” means any of the following: (i) The square footage is currently being used as an industrial use. (ii) The most recently permitted use of the square footage is an industrial use. (iii) The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022. (b) The project shall be subject to the following streamlined, ministerial review process: (1) (A) If the local government determines that a development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development. (B) If a local government determines that a development submitted pursuant to this article is in conflict with any of the objective planning standards specified in this article, it shall provide the development proponent written documentation of which standard or stan

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