Bill Text: CA AB812 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Housing development approvals: reserving affordable units in or near a cultural district for artists.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2023-10-11 - Chaptered by Secretary of State - Chapter 747, Statutes of 2023. [AB812 Detail]

Download: California-2023-AB812-Amended.html

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Amended  IN  Assembly  April 10, 2023

Amended  IN  Assembly  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 812

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Introduced by Assembly Member Boerner Horvath

February 13, 2023

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An act to add Section 65584.7 65914.8 to the Government Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

AB 812, as amended, Boerner Horvath. Regional housing need allocation: Housing development approvals: reserving affordable units in a cultural district. district for artists.

Existing law requires the Arts Council to establish criteria and guidelines for certification of state-designated cultural districts and collaborate with other public agencies and private entities to maximize the benefits of state-designated cultural districts. Existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine each region’s existing and projected housing need, as provided. Existing law requires each council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county and that furthers specified objectives. The Planning and Zoning Law imposes various requirements on cities and counties with regard to their review and approval of certain housing developments.

This bill would authorize a city, county, or city and county city or county that requires, as a condition of approval, that a certain percentage of units of a residential development be affordable housing, as specified, to reserve for artists up to 10 percent of those required affordable housing units for a city’s, county’s, or city and county’s share of regional housing need for very low, low-, or moderate-income households if certain conditions are met, including that the units reserved are located within a designated cultural district.

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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.Section 65584.7 is added to the Government Code, immediately following Section 65584.6, to read:

65584.7.

(a)A city, county, or city and county

SECTION 1.

 Section 65914.8 is added to the Government Code, immediately following Section 65914.7, to read:

65914.8.

 (a) If a local agency requires, as a condition of approval of the development of residential units, that a certain percentage of the units of the development be affordable housing, the local agency may reserve for artists up to 10 percent of units of its share of regional housing need for very low, low-, or moderate-income households allocated pursuant to Section 65584 those required affordable housing units if all of the following conditions are satisfied:

(1) The units reserved are located within a state-designated cultural district certified pursuant to Chapter 9.2 (commencing with Section 8758) of Division 1 of Title 2 or any similar locally designated cultural district.

(2) The city, county, or city and county adopts an ordinance for this purpose that does all of the following:

(A) It is consistent with the Local Tenant Preferences to Prevent Displacement Act (Chapter 12.76 (commencing with Section 7061) of Division 7 of Title 1).

(B) It prohibits an existing tenant from being evicted in favor of an artist.

(C) It contains a fair and comprehensive vetting process that includes, but is not limited to, initial and annual income verification consistent with applicable affordable housing laws and artist status verification.

(b) For purposes of this section, “artist” has the same meaning as defined in Section 988 of the Civil Code. the following definitions apply:

(1) “Affordable housing” means units dedicated to moderate-income, lower income, very low income, or extremely low income households, as defined in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code.

(2) “Artist” means the creator of any work of visual, graphic, or performing art of any media, including, but not limited to, a painting, print, drawing, sculpture, craft, photograph, film, or performance.

(3) “Local agency” means a city, county, or city and county.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act adding Section 65584.7 65914.8 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.