AMENDED IN ASSEMBLY MAY 2, 2022
AMENDED IN ASSEMBLY APRIL 21, 2022
AMENDED IN ASSEMBLY MARCH 29, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2295
Introduced by Assembly Member Bloom
(Coauthor: Assembly Member Robert Rivas)
February 16, 2022
An act to add and repeal Section 65914.7 to of the Government Code, relating to housing.
legislative counsel’s digest
AB 2295, as amended, Bloom. Local educational agencies: housing development projects.
(1) Existing la w, the Planning and Zoning La w, requires that the legislative body of each county and each city adopt a comprehensi ve, long-term general plan for the physical development of the county and city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law authorizes the le gislative body of an y county or city , pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of b uildings, structures, and land as between industry , business, residences, open space, and other purposes. Existing la w generally requires each local agenc y to comply with all applicable b uilding ordinances and zoning ordinances of the county or city in which the territory of the local agenc y is situated, b ut, among other things, authorizes the governing board of a school district that has complied with specified la w, by a 2⁄3 vote of its members, to render a city or
96 county zoning ordinance inapplicable to a proposed use of property by the school district, unless the proposed use of the property is for nonclassroom facilities, as provided.
This bill w ould deem a housing de velopment project an allo wable use on an y real property o wned by a local educational agenc y, as defined, if the housing de velopment satisfies certain conditions, including other local objective zoning standards, objective subdivision standards, and objective design review standards, as described. The bill would deem a housing de velopment that meets these requirements consistent, compliant, and in conformity with local de velopment standards, zoning codes or maps, and the general plan. The bill, among other things, would authorize the land used for the development of the housing development to be jointly used or jointly occupied by the local educational agenc y and an y other party , subject to specified requirements. The bill w ould exempt a housing de velopment project subject to these pro visions from v arious requirements re garding the disposal of surplus land. The bill would repeal its provisions on January 1, 2033.
(2) The bill w ould 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. (3) By adding to the duties of local planning officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimb urse 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 no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65914.7 is added to the Government line 2 Code, to read:
line 3 65914.7. (a) Notwithstanding any law, a housing development line 4 project shall be deemed an allo wable use on an y real property line 5 owned by a local educational agency if the housing development line 6 satisfies all of the following:
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line 1 (1) The housing de velopment consists of at least 10 housing line 2 units.
line 3 (2) The housing de velopment shall ha ve a recorded deed line 4 restriction that ensures, for a period of at least 55 years, that the line 5 majority of the units of the housing development shall be set at an line 6 affordable rent to lower income or moderate-income households. line 7 However, at least 30 percent of the units shall be af fordable to line 8 lower income households.
line 9 (3) One hundred percent of the units of the housing development line 10 shall be rented by local educational agency employees, local public line 11 employees, and general members of the public pursuant to the line 12 following procedures:
line 13 (A) A local educational agency shall first offer the units to the line 14 agency’s local educational agency employees.
line 15 (B) If the local educational agenc y recei ves an insufficient line 16 number of local educational agenc y employees to apply for and line 17 occupy the units, the unoccupied units may be of fered to local line 18 public emplo yees who w ork for a local agenc y within the line 19 jurisdiction of the local educational agency.
line 20 (C) If the local agency receives an insufficient number of local line 21 public employees to apply for and occupy the units, the unoccupied line 22 units may be offered to general members of the public. line 23 (D) When units in the housing development become unoccupied line 24 and available for rent, a local educational agenc y shall first offer line 25 the units to the agency’s local educational agency employees. line 26 (4) The residential density for the housing de velopment, as line 27 measured on the development footprint, shall be the greater of the line 28 following:
line 29 (A) The residential density allowed on the parcel by the city or line 30 county, as applicable.
line 31 (B) The applicable density deemed appropriate to accommodate line 32 housing for lo wer income households in that jurisdiction, as line 33 specified in paragraph (3) of subdivision (c) of Section 65583.2. line 34 (5) The height limit for the housing de velopment shall be the line 35 greater of the following:
line 36 (A) The height limit allowed on the parcel by the city or county, line 37 as applicable.
line 38 (B) Thirty feet.
line 39 (6) The property is adjacent to a property that permits residential line 40 uses.
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line 1 (7) (A) The housing de velopment shall satisfy other local line 2 objective zoning standards, objecti ve subdivision standards, and line 3 objective design review standards that do not preclude the housing line 4 development from achie ving the residential density permitted line 5 pursuant to paragraph (4) or the height permitted pursuant to line 6 paragraph (5).
line 7 (B) For purposes of this section, the terms “objecti ve zoning line 8 standards,” “objecti ve subdi vision standards, ” and “objecti ve line 9 design review standards” mean standards that involve no personal line 10 or subjecti ve judgment by a public official and are uniformly line 11 verifiable by reference to an e xternal and uniform benchmark or line 12 criterion available and knowable by both the development applicant line 13 or proponent and the public official prior to submittal. These line 14 standards may be embodied in alternati ve objecti ve land use line 15 specifications adopted by the city or county , as applicable, and line 16 may include, but are not limited to, housing overlay zones, specific line 17 plans, inclusionary zoning ordinances, and density bonus line 18 ordinances.
line 19 (b) Notwithstanding other la w, a housing de velopment that line 20 meets the requirements of this section shall be deemed consistent, line 21 compliant, and in conformity with local de velopment standards, line 22 zoning codes or maps, and the general plan.
line 23 (c) The local educational agency shall maintain ownership of a line 24 housing development that meets the requirements of this section line 25 for the length of the 55-year af fordability requirement described line 26 in paragraph (2) of subdivision (a).
line 27 (d) Subject to the requirements of Article 8 (commencing with line 28 Section 17515) and Article 9 (commencing with Section 17527) line 29 of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education line 30 Code, any land used for the development of a housing development line 31 that meets the requirements of this section may be jointly used or line 32 jointly occupied by the local educational agenc y and an y other line 33 party.
line 34 (e) Any land used for the development of a housing development line 35 that meets the requirements of this section shall be e xempt from line 36 the requirements of all of the following:
line 37 (1) Article 8 (commencing with Section 54220) of Chapter 5 line 38 of Part 1 of Division 2 of Title 5.
line 39 (2) Article 2 (commencing with Section 17230) of Chapter 1 line 40 of Part 10.5 of Division 1 of Title 1 of the Education Code. 96 — 4 — AB 2295
line 1 (3) Article 4 (commencing with Section 17455) of Chapter 4 line 2 of Part 10.5 of Division 1 of Title 1 of the Education Code. line 3 (f) For purposes of this section, the following definitions shall line 4 apply:
line 5 (1) “Affordable rent” has the same meaning as in Section 50053 line 6 of the Health and Safety Code.
line 7 (2) “Development footprint” means the portion of the property line 8 that is developed for the housing development, inclusive of parking line 9 and roadways developed internal to the site to serv e the housing line 10 development, and other aboveground improvements developed to line 11 serve the housing development.
line 12 (3) “Local agency” means a city, county, city and county, charter line 13 city, charter county , charter city and county , special district, or line 14 any combination thereof.
line 15 (4) “Local educational agency” means a school district or county line 16 office of education.
line 17 (5) “Local educational agency employee” has the same meaning line 18 as “teacher or school district employee,” as defined in subdivision line 19 (c) of Section 53572 of the Health and Safety Code. line 20 (6) “Local public employee” has the same meaning as defined line 21 in subdivision (b) of Section 53572 of the Health and Safety Code. line 22 (7) “Lower income households” has the same meaning as in line 23 Section 50079.5 of the Health and Safety Code.
line 24 (8) “Moderate-income households” has the same meaning as line 25 in Section 50093 of the Health and Safety Code. line 26 (9) “Real property owned by a local educational agency” means line 27 real property owned by a local education agency as of January 1, line 28 2023.
line 29 (g) This section shall remain in effect only until January 1, 2033, line 30 and as of that date is repealed.
line 31 SEC. 2. The Legislature finds and declares that Section 1 of line 32 this act adding Section 65914.7 to the Government Code addresses line 33 a matter of statewide concern rather than a municipal affair as that line 34 term is used in Section 5 of Article XI of the California line 35 Constitution. Therefore, Section 1 of this act applies to all cities, line 36 including charter cities.
line 37 SEC. 3. No reimbursement is required by this act pursuant to line 38 Section 6 of Article XIIIB of the California Constitution because line 39 a local agency or school district has the authority to le vy service line 40 charges, fees, or assessments sufficient to pay for the program or 96 AB 2295 — 5 —
line 1 level of service mandated by this act, within the meaning of Section line 2 17556 of the Government Code.
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