65913.5.
(a) For purposes of this section:(1) “Applicant” means an independent institution of higher education, nonprofit hospital, nonprofit diagnostic or treatment center, nonprofit rehabilitation facility, nonprofit nursing home, education or religious institution that partners with a qualified developer to construct a housing development project and requests approval of that project as a use by right pursuant to this section.
(2) “Independent institution of higher education” has the same meaning as defined in Section 66010 of the Education Code.
(3) “Local government” means a city, county, or city and county, whether general law or chartered.
(4)“Nonprofit hospital,” “nonprofit diagnostic or treatment center,” “nonprofit rehabilitation facility,” and “nonprofit nursing home” mean any hospital, diagnostic or treatment center, rehabilitation facility, and nursing home, as the case may be, that is owned and operated by one or more nonprofit corporations or
associations no part of the net earnings of that inures, or may lawfully inure, to the benefit of any private shareholder or individual, or a hospital publicly owned or operated by a public entity or agency of this state.
(5)
(4) “Qualified developer” means a local public entity, as defined in Section 50079 of the Health and Safety Code, a or a developer that meets both of the following:
(A) The developer is a nonprofit corporation, a limited partnership in which the managing general partner is a nonprofit corporation, or a limited liability company in which the managing member is a nonprofit corporation.
(B) The developer, at the time of submission of an application for development pursuant to this section, owns or manages housing units located on property that is exempt from taxation pursuant to the welfare exemption established in subdivision (a) of Section 214 of the Revenue and Taxation Code.
(6)
(5) “Religious institution” means an institution owned, controlled, and operated and maintained by a bona fide church, religious denomination, or religious organization composed of multidenominational members of the same well-recognized religion, lawfully operating as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code.
(7)
(6) (A) “Use by right” means that the local government’s review of the development project under this section may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act (Division 2 (commencing with Section 66410)).
(B) A local ordinance may provide that “use by right” does not exempt the development project from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources
Code.
(b) Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, upon the request of an applicant, a housing development project shall be a use by right on any land owned in fee simple by the applicant on or before January 1, 2020, if the development satisfies all of the following criteria:
(1) The development is located on a parcel that satisfies the requirements specified in paragraph (2) of subdivision (a) of Section 65913.4.
(2) The development is located on a parcel that satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) The development is not within a historic district as defined in subdivision (h) of Section 5020.1 of the Public Resources Code that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(4) The development is located in a residential, mixed-use, or commercial zone and meets the following density requirements as applicable:
(A) (i) If the development project is located in a residential or mixed-use zone, the development project shall be allowed a density of the applicable density
deemed appropriate to accommodate housing for lower income households identified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(ii) If the local government allows for greater residential density on that parcel, or greater residential density or building heights on an adjacent parcel, than permitted in clause (i), the greater density or building height shall apply.
(iii) A housing development project that is located in a residential or mixed-use zone shall be eligible for a density bonus or other incentives or concession pursuant to Section 65915.
(1)If the development project is located in an area where allowable uses are limited to single-family residential development:
(A)The development project shall be allowed a density of at least 35 dwelling units per acre and a height of no more than 36 feet. If the local government allows for greater residential density or
building heights on that parcel, or an adjacent parcel, than is described in this subparagraph, the greater density or building height shall apply.
(B) (i) If the development project is located in a commercial zone, the development project shall be allowed a density of 40 units per acre and a height of one story above the maximum height applicable to the parcel.
(ii) If the local government allows for greater residential density or building heights on that parcel, or an adjacent parcel, than permitted in clause (i), the greater density or building height shall apply. A development project shall not use an incentive, waiver, or concession to increase the height of the development to greater than the height authorized under this
subparagraph.
(iii) Except as provided in clause (ii), a housing development project that is located in a commercial zone shall be eligible for a density bonus or other incentives or concession pursuant to Section 65915.
(C) For purposes of this paragraph, a development project shall be deemed to be located in a residential, mixed-use, or commercial zone if it meets both of the following conditions:
(i) The development project is proposed for a parcel that is zoned for educational or religious use to conform to the existing use.
(ii) The development project is proposed for a parcel that is adjacent to a parcel located
in a residential, mixed-use, or commercial zone.
(B)
(5) The development project is located on a site that is one-quarter acre in size or greater.
(C)One hundred percent of the residential units in the housing development project, exclusive of any manager unit or units, are affordable to households with an average income of 80 percent of the area median income. However, no unit, exclusive of any manager unit or units, shall be occupied by a household with an income greater than 120 percent of the area median income. The
(6) One hundred percent of the total units, exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the total units in the development may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code. The rent or sales price for the unit shall be at least 20 percent below the market rate for a unit of similar size and bedroom count in the same neighborhood in the city, county, or city and county in which the housing development is located. The applicant shall provide the city, county, or city and county with evidence to establish that the units meet the requirements of this subparagraph. All units, exclusive of any manager unit or units, shall be
restricted as provided in this subparagraph for at least the following periods of time:
(i)
(A) Fifty-five years for units that are rented. However, the local government may require that the rental units in the housing development project be restricted to lower income households for a longer period of time if that restriction is consistent with all applicable regulatory requirements for state assistance.
(ii)
(B) Forty-five years for units that are owner occupied. However, the local government may require that owner-occupied units in the housing development project be restricted to lower income households for a longer period of time if that restriction is consistent with all applicable regulatory requirements for state assistance.
(iii)
(C) A religious institution, nonprofit hospital, or qualified developer,
institution or independent institution of higher education, in its discretion, may restrict 100 percent of the residential units, exclusive of any manager unit or units, in the housing development project to lower income households, as that term is defined in Section 50079.5 of the Health and Safety Code, with an affordable housing cost or affordable rent, as defined in Sections 50052.5 and 50053, respectively, of the Health and Safety Code, for at least the time periods specified in clauses (i) and (ii). subparagraphs (A) and (B).
(D)
(7) The development project complies with all objective
development standards of the city or county. However, the city or county shall not require the development project to comply with an objective development standard that would preclude the development from achieving a density of at least 35 dwelling units per acre or impose a maximum height limitation of less than 36 feet. county that are not in conflict with this section.
(2)If the development project is located in any area where
residential, mixed, institutional, or commercial uses are an allowable use:
(A)The development project shall be allowed a density of at least 50 dwelling units per acre and a height of no more than 55 feet. If the local government allows for greater residential density or building heights on that parcel, or an adjacent parcel, than is described in this subparagraph, the greater density or building height shall apply.
(B)The development project is located on a site that is one-quarter acre in size or greater.
(C)One hundred percent of the residential units in the housing development project, exclusive of any manager unit or units, are affordable to households with an average
income of 80 percent of the area median income. However, no unit, exclusive of any manager unit or units, shall be occupied by a household with an income greater than 120 percent of the area median income. The rent or sales price for the unit shall be at least 20 percent below the market rate for a unit of similar size and bedroom count in the same neighborhood in the city, county, or city and county in which the housing development is located. The applicant shall provide the city, county, or city and county with evidence to establish that the units meet the requirements of this subparagraph. All units, exclusive of any manager unit or units, shall be restricted as provided in this subparagraph for at least the following periods of time:
(i)Fifty-five years for units that are rented. However, the local
government may require that the rental units in the housing development project be restricted to lower income households for a longer period of time if that restriction is consistent with all applicable regulatory requirements for state assistance.
(ii)Forty-five years for units that are owner occupied. However, the local government may require that owner-occupied units in the housing development project be restricted to lower income households for a longer period of time if that restriction is consistent with all applicable regulatory requirements for state assistance.
(iii)A religious institution, nonprofit hospital, independent institution of higher education, or qualified developer, in its discretion, may restrict 100 percent of the residential units, exclusive
of any manager unit or units, in the housing development project to lower income households, as that term is defined in Section 50079.5 of the Health and Safety Code, with an affordable housing cost or affordable rent, as defined in Sections 50052.5 and 50053, respectively, of the Health and Safety Code, for at least the time periods specified in clauses (i) and (ii).
(D)The development project complies with all objective development standards of the city or county. However, the city or county shall not require the development project to comply with an objective development standard that would preclude the development from achieving a density of at least 50 dwelling units per acre or impose a maximum height limitation of less than 55 feet.
(E)
(8) If the housing development project requires the demolition of existing residential dwelling units, the applicant shall comply with subdivision (d) of Section 66300, as that section read as of January 1, 2020.
(c)A housing development project that is eligible for approval as a use by right pursuant to this section shall be eligible for a density bonus or other incentives or concessions.
(d)
(c) Notwithstanding any other provision of this section, a development project that is eligible for approval as a use by right pursuant to this section may include the following ancillary uses, provided that those uses are limited to the ground floor of the development. development:
(1) In a single-family residential zone, ancillary uses shall be limited to uses that provide
direct services to the residents of the development and have a community benefit, including childcare centers and community centers.
(2) In a multifamily residential, commercial, or mixed-use zone, the development may include commercial uses that are permitted without a conditional use permit or planned unit development permit.
(e)Notwithstanding any inconsistent provision of a
local government’s general plan, specific plan, zoning ordinance, or regulation, the local government shall not require a housing development project eligible for approval as a use by right pursuant to paragraph (1) or (2) of subdivision (b) to provide more than 0.5 parking spaces per unit.
(d) (1) Except as provided in paragraph (2), the proposed development shall provide off-street parking of up to one space per unit, unless a local ordinance provides for a lower standard of parking, in which case the ordinance shall apply.
(2) A local government shall not impose a parking
requirement if either of the following is true:
(A) The parcel is located within one-half mile walking distance of public transit, either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel.
(f)
(e) The Legislature finds and declares that ensuring residential development at greater density on land owned by independent institutions of higher education and religious institutions and nonprofit hospitals is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.