Elk Grove Municipal Code Art. VII Affordable Housing on Faith and Higher Education Lands

A. The purpose of this article is to implement the provisions of Section 65913.16 of the California Government Code. This article shall only apply to those qualifying housing developments meeting the requirements of Section 65913.16 of the California Government Code.

B. The provisions of this article shall only apply to a qualifying housing development. As used in this Article VII, the term “qualifying housing development” means a multifamily residential (multiple residential unit) development that meets the requirements set forth in this Article VII and Section 65913.16 of the California Government Code. Qualifying housing developments shall comply with the following:

1. One hundred (100%) percent of the qualifying development project’s total units, exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the California Health and Safety Code, except that up to twenty (20%) percent of the total units in the qualifying development may be for moderate-income households, as defined in Section 50053 of the California Health and Safety Code, and five (5%) percent of the units may be for staff of the independent institution of higher education or religious institution that owns the land. Units in the development shall be offered at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. The rent or sales price for a moderate-income unit shall be affordable and shall not exceed thirty (30%) percent of income for a moderate-income household or homebuyer for a unit of similar size and bedroom count in the same ZIP Code in the City in which the housing development is located. The applicant shall provide the City with evidence to establish that the units meet the requirements of this subsection.

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

3. The project complies with all of the labor standards provided in Section 65913.16 of the California Government Code, as may be amended from time to time.

C. Notwithstanding subsection (B) of this section, a qualifying housing development may also include the following ancillary uses, provided those uses are limited to the ground floor of the development:

1. In the AR-10 through AR-1 and RD-1 through RD-18 zoning districts, ancillary uses shall be limited to childcare centers and facilities operated by community-based organizations for the provision of recreational, social, or educational services for use by the residents of the development and members of the local community in which the development is located.

2. In all other zones, the development may include commercial uses that are permitted without a conditional use permit.

D. Notwithstanding any other provision of this article, a qualifying development project includes any religious institutional use, or any use that was previously existing and legally permitted by the City or County on the site, if all of the following criteria are met:

1. The total square footage of nonresidential space on the site does not exceed the amount previously existing or permitted in a conditional use permit.

2. The total parking requirement for nonresidential space on the site does not exceed the lesser of the amount existing or of the amount required by a conditional use permit.

3. The new uses abide by the same operational conditions as contained in the previous conditional use permit.

(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 or other discretionary review shall be required.

B. A qualifying housing development shall be subject to ministerial review of a minor design review by the Zoning Administrator, subject to the objective design and development regulations applicable by this article.

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 housing development shall only be subject to the streamlined review process provided by this article if the subject site complies with all of the following criteria:

A. The qualifying housing development is located on land owned on or before January 1, 2024, by an independent institution of higher education or a religious institution, including ownership through an affiliated or associated nonprofit public benefit corporation organized pursuant to the Nonprofit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the California Corporations Code).

B. The site is a legal parcel or parcels and at least seventy-five (75%) percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoining.

C. The site is not limited by any of the conditions prohibited under EGMC Section 23.30.110(C)(1).

D. The site is not located on a site where any of the following apply:

1. The development would require the demolition of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control by the City.

c. Housing that has been occupied by tenants within the past ten (10) years.

2. The site was previously used for housing that was occupied by tenants that was demolished within ten (10) years before submittal of the subject project.

3. The project would require the demolition of a historic structure that was placed on a national, State, or local historic register.

4. The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.

E. The development is not adjoined to any site where more than one-third (1/3) of the square footage on the site is dedicated to light industrial use. For purposes of this subsection, parcels separated by only a street or highway shall be considered to be adjoined. For purposes of this subsection, a property is “dedicated to light industrial use” if all of the following requirements are met:

1. The square footage is currently being put to a light industrial use. “Light industrial use” means a use that is not subject to permitting by the local air district.

2. The most recently permitted use of the square footage is a light industrial use.

3. The City’s General Plan designates the property for light industrial use.

F. The housing units on the development site are not located within one thousand two hundred feet (1,200' 0") feet of a site that is either currently developed with or the most recent permitted use was a heavy industrial use. “Heavy industrial use” means a use that is a source, other than a Title V source, as defined by Section 39053.5 of the California Health and Safety Code, that is subject to permitting by a district, as defined in Section 39025 of the California Health and Safety Code, pursuant to Division 26 (commencing with Section 39000) of the California Health and Safety Code or the Federal Clean Air Act (42 U.S.C. Section 7401 et seq.). A use where the only source permitted by a district is an emergency backup generator, and the source is in compliance with permitted emissions and operating limits, is not a heavy industrial use.

G. Except as provided in subsection (H) of this section, the housing units on the development site are not located within one thousand six hundred (1,600' 0") feet of a site that is either a Title V industrial use or a site where the most recent permitted use was a Title V use, as that use is described in subsection (F) of this section.

H. For a site where multifamily housing is not an existing permitted use, the housing units on the development site are not located within three thousand two hundred (3,200' 0") feet of a facility that actively extracts or refines oil or natural gas.

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

A qualifying housing development shall comply with all of the following objective development requirements as determined by the Community Development Director through Zoning Clearance/Plan Check.

A. The development project complies with all objective development standards of the City that are not in conflict with this article.

B. If the housing development project requires the demolition of existing residential dwelling units, or is located on a site where residential dwelling units have been demolished within the last five (5) years, the applicant shall comply with Section 66300(d) of the California Government Code.

C. The qualifying housing development shall comply with the following allowed density:

1. If the project site is within a residential zoning district, the development project shall be allowed a density of twenty (20) units per acre or the maximum allowed density in the underlying zoning district or that of an adjoining property, whichever is greater.

2. If the project is not within a residential zoning district, the maximum allowed density shall be forty (40) units per acre, except that if the adjoining property allows for a greater density, then that density shall be allowed.

D. The maximum allowed height shall be as follows:

1. In residential zoning districts up to and including the RD-15 zone, the maximum allowed height is one (1) story, or twelve (12' 0") feet, more than the maximum height allowed by the underlying zoning designation of the site.

2. In all other residential districts, the maximum allowed height is that provided in the underlying zoning district.

3. In nonresidential districts, the maximum allowed height is one (1) story, or twelve (12' 0") feet, more than the maximum height allowed by the underlying zoning designation of the site, except that if the adjoining property allows for a greater height, then that height shall be allowed.

E. 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, except that a qualifying development project developed in a nonresidential zoning district which utilized the allowed density and height of an adjoining residential property shall not be eligible for an incentive, waiver, or concession to increase the height of the development to greater than the height authorized under this article.

F. The proposed development shall provide off-street parking of up to one (1) space per unit, except that no parking shall be require if the site is within one-half (1/2) mile walking distance of public transit (either a high-quality transit corridor or a major transit stop as defined in Section 21155(b) of the California Public Resources Code) or a car share vehicle is located within one (1) block of the site.

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

A. If the City determines that a proposed development project submitted pursuant to this article is consistent with requirements of EGMC Sections 23.17.620 and 23.17.630, it shall approve the project.

B. If the City determines a proposed development project submitted pursuant to this article is in conflict with any of the requirements of EGMC Section 23.17.630, it shall provide the applicant with written documentation of which standard(s) the project conflicts with, along with an explanation for the reason(s) the project conflicts with the standard(s), within the following timeframes, or as otherwise provided under Section 65913.16 of the California Government Code:

1. Within sixty (60) days of the initial submittal of the project to the City for projects containing one hundred fifty (150) or fewer units.

2. Within ninety (90) days of the initial submittal of the project to the City for projects containing more than one hundred fifty (150) units.

C. The minor design review required for the project pursuant to EGMC Section 23.17.610, along with any 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, shall be completed within the following timeframes:

1. Within ninety (90) days of submittal of the development proposal to the City for development projects that contain one hundred fifty (150) or fewer units.

2. Within one hundred eighty (180) days of submittal of the development proposal to the City for development projects that contain more than one hundred fifty (150) units.

D. Approval of a qualifying development pursuant to this article shall, notwithstanding any other law, be subject to the expiration timeframes specified in Section 65913.4(f) of the California Government Code.

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