§ 65912.111. — 65912.111. (Amended by Stats. 2024, Ch. 272, Sec. 4.)

California § 65912.111.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 1.
• Title 7.: DIVISION 1. PLANNING AND ZONING
• Ch. 4.1.: CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022
• Art. 2.: ARTICLE 2. Affordable Housing Developments in Commercial Zones

Text

A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development is proposed to be located on a site that satisfies all of the following criteria:
(a)
It is located in a zone where office, retail, or parking are a principally permitted use.
(b)
It is a legal parcel or parcels that meet either of the following:
(1)
It is within a city where the city boundaries include some portion of an urbanized area, as designated by the United States Census Bureau.
(2)
It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area, as designated by the United States Census Bureau.
(c)
At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this subdivision, parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered to be adjoined.
(d)
(1)
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.
(2)
For purposes of this subdivision, parcels only separated by a street shall be considered to be adjoined.
(3)
For purposes of this subdivision, “dedicated to industrial use” means any of the following:
(A)
The square footage is currently being used as an industrial use.
(B)
The most recently permitted use of the square footage is an industrial use, and the site has been occupied within the past three years.
(C)
The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022, and residential uses are not principally permitted on the site.
(e)
It satisfies the requirements specified in paragraph (6) of subdivision (a) of Section
65913.4, exclusive of clause (iv) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 65913.4.
(f)
The development is not located on a site where either of the following apply:
(1)
The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
(2)
The existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing
with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(g)
For a site within a neighborhood plan area, the neighborhood plan applicable to the site permitted multifamily housing development on the site.
(h)
For a vacant site, the site satisfies both of the following:
(1)
It does not contain tribal cultural resources, as defined by Section 21074 of the Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the effects of which cannot be mitigated pursuant to the process described
in Section 21080.3.2 of the Public Resources Code.
(2)
It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179.

Legislative History

Amended by Stats. 2024, Ch. 272, Sec. 4. (AB 2243) Effective January 1, 2025. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.