Elk Grove Municipal Code Art. VI Adaptive Reuse Projects

A. The purpose of this article is to implement the provisions of Section 65913.12 of the California Government Code. This article shall only apply to those qualifying housing developments meeting the requirements of Section 65913.12 of the California Government Code.

B. The provisions of this article shall only apply to a qualifying development that meets all of the following:

1. The development is an extremely affordable adaptive reuse project. An extremely affordable adaptive reuse project means a project that meets the following criteria:

a. The development is a multifamily housing development project.

b. The development involves the retrofitting and repurposing of a residential building or commercial building that currently allows temporary dwelling or occupancy, to create new residential units.

c. The development will be entirely within the envelope of the existing building.

d. The development meets all of the following affordability criteria:

i. One hundred (100%) percent of the units within the development project, excluding managers’ units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the California Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.

ii. At least fifty (50%) percent of the units within the development project shall be dedicated to very low-income households at an affordable housing cost, as defined by Section 50052.5 of the California Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.

iii. The units shall be subject to a recorded deed restriction for a period of fifty-five (55) years for rental units and forty-five (45) years for owner-occupied units.

2. The development is proposed to be located on a site that is an infill parcel. An infill parcel is defined as meeting either of the following criteria:

a. At least seventy-five (75%) percent of the perimeter of the site of the development adjoins parcels that are developed with urban uses. For the purposes of this subsection, parcels that are separated by a street or highway shall be considered adjoined.

b. The parcel is within one-half (1/2) mile of public transit. Public transit means a major transit stop as defined in Section 21064.3 of the Public Resources Code.

3. The development is not proposed to be located on a site or adjoined to any site where more than one-third (1/3) of the square footage on the site is dedicated to industrial use. For purposes of this subsection, parcels only separated by a street or highway shall be considered adjoined.

4. The development does not eliminate any existing open space on the parcel.

5. For developments of fifty (50) units or more, the development shall provide on-site management services.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

A. Qualifying housing developments shall be allowed by right. No conditional or minor conditional use permit shall be required.

B. To the extent that the qualifying housing development requires approval of any design review or other permits or entitlements required under EGMC Chapter 23.16, including but not limited to design review, the qualifying housing development shall be subject to those requirements.

C. A development proposed pursuant to this article shall be eligible for a density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to EGMC Chapter 23.50 and Section 65915 of the California Government Code, as may be amended from time to time.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

A qualifying development project shall comply with all applicable objective development requirements as determined by the designated approving authority through design review as required by this title and the Citywide Design Guidelines; provided, however, such project is not required to cure any preexisting deficit or conflict with any of the following standards: maximum density, floor area ratio, parking, or open space.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

Should the City determine that the qualifying development project conflicts with any of the objective planning standards specified in or an objective design review standard imposed pursuant to EGMC Section 23.17.520, it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:

A. Within sixty (60) days of submittal of the completed proposal for the development project to the local agency if the development contains one hundred fifty (150) or fewer housing units.

B. Within ninety (90) days of submittal of the completed proposal for the development project to the local agency if the development contains more than one hundred fifty (150) housing units.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)