Bill Text: CA AB1490 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Affordable housing development projects: adaptive reuse.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-10-11 - Chaptered by Secretary of State - Chapter 764, Statutes of 2023. [AB1490 Detail]
Download: California-2023-AB1490-Introduced.html
Bill Title: Affordable housing development projects: adaptive reuse.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-10-11 - Chaptered by Secretary of State - Chapter 764, Statutes of 2023. [AB1490 Detail]
Download: California-2023-AB1490-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1490
| Introduced by Assembly Member Lee |
February 17, 2023 |
An act to add Section 65960.1 to the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1490, as introduced, Lee.
Affordable housing development projects: adaptive reuse.
Existing law requires the Department of Housing and Community Development to give priority with respect to funding under the Multifamily Housing Program to projects that prioritize adaptive reuse in existing developed areas served with public infrastructure, as specified.
This bill would define adaptive reuse as the retrofitting and repurposing of an existing building to create new residential units. The bill would require a local government to provide an affordable housing project that is an adaptive reuse project and that guarantees that 100% of the units be made available for lower income households, 50% of which shall be made available to extremely low income households or very low income households, specified benefits and exemptions by local government agencies, including, among other things, approval of all entitlements and permits
applicable to the project in 30 days or less, exemption from any minimum floor area ratio, and waiver of local building and permit fees, as specified. Because the bill would require local officials to provide a higher level of service, the bill would impose a state-mandated local program.
This bill would require a local source of funding that can be used for the development of affordable housing to include adaptive reuse as an eligible project and prohibit an agency with control of a local source of funding from prohibiting or excluding a development proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project.
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.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 65960.1 is added to the Government Code, to read:65960.1.
(a) Notwithstanding any other provision of law, a local government shall provide, to an affordable housing project that is an adaptive reuse project and that guarantees that 100 percent of the units shall be made available for lower income households, 50 percent of which shall be made available to extremely low income households or very low income households, all of the following:(1) All entitlements and permits applicable to the project shall be approved within 30 days or less from the date of submission of the entitlement or permit application. This paragraph shall apply to any agency that governs provision of water or power for a local jurisdiction and that operates independently from the local jurisdiction.
(2) Local building and permit fees for the project shall be waived.
(3) Low-income utility rates that are available to low-income projects shall be available to adaptive reuse projects when utilities are not separately metered.
(4) The project shall be exempt from any minimum floor area ratio, provided that the size of a unit is no less than the size of the unit under its previous occupancy permit, and that the unit is compliant with the Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.) and any other state or federal disability design requirements.
(5) The number of parking spaces required for the project shall be no more than the number of parking spaces required under the previous occupancy permit, without regard
to any change in the zoning of the property that might result from the adaptive reuse of the property.
(b) Any local source of funding that can be used for the development of affordable housing shall include adaptive reuse as an eligible project. No agency with control of a local source of funding shall prohibit or exclude a project proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project.
(c) As used in this section, all of the following definitions shall apply:
(1) “Adaptive reuse” means the retrofitting and repurposing of an existing building to create new residential units.
(2) “Lower income households” shall have the same meaning as in Section
50079.5 of the Health and Safety Code.
(3) “Very low income households” shall have the same meaning as in Section 50105 of the Health and Safety Code.
(4) “Extremely low income households” shall have the same meaning as in Section 50106 of the Health and Safety Code.
