§ 65914.8. — 65914.8. (Added by Stats. 2023, Ch. 747, Sec. 1.)

California § 65914.8.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 1.
• Title 7.: DIVISION 1. PLANNING AND ZONING
• Ch. 4.2.: CHAPTER 4.2. Housing Development Approvals

Text

(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 those required affordable housing units if all of the following conditions are satisfied:
(1)
The units reserved are located within or within one-half mile from a state-designated cultural district certified pursuant to Chapter 9.2 (commencing with Section 8758) of Division 1 of Title 2 or within any similar locally designated cultural district.
(2)
The local agency 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)
If an insufficient number of artists apply for and occupy the units, the unoccupied units may be offered to general members of the public.
(c)
For purposes of this section, 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.

Legislative History

Added by Stats. 2023, Ch. 747, Sec. 1. (AB 812) Effective January 1, 2024.