§ 65912.113. — 65912.113. (Amended by Stats. 2024, Ch. 272, Sec. 6.)

California § 65912.113.

• 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 proposal meets all of the following objective development standards:
(a)
The development shall be a multifamily housing development project.
(b)
The residential density for the development will meet or exceed the applicable 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.
(c)
For any housing on the site located within 500
feet of a freeway, all of the following shall apply:
(1)
The building shall have a centralized heating, ventilation, and air-conditioning system.
(2)
The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway.
(3)
The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value of 16.
(4)
The air filtration media shall be replaced at the manufacturer’s designated interval.
(5)
The building shall not have any balconies facing the freeway.
(d)
None of the housing is located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.
(e)
The development will meet the following objective zoning standards, objective subdivision standards, and objective design review standards:
(1)
The applicable objective standards shall be those for the zone that allows residential use at a greater density between the following:
(A)
The existing zoning designation for the parcel if existing zoning allows multifamily residential use.
(B)
The zoning designation for the closest parcel that allows residential use at a density proposed by the project.
(2)
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.
(f)
For any project that is the conversion of the use of an existing nonresidential use building to residential use, the local government shall not require the provision of common open space beyond what is already existing on the project site.
(g)
For purposes of this section, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available
and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(1)
A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.
(2)
In the event that objective zoning, general plan, subdivision, or
design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this section if the development is consistent with the standards set forth in the general plan.

Legislative History

Amended by Stats. 2024, Ch. 272, Sec. 6. (AB 2243) Effective January 1, 2025. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.