Chapter 21.53 — RESIDENTIAL DEVELOPMENT ON HIGHER EDUCATION- OR FAITH-BASED PROPERTIES

This chapter sets forth regulations for housing development projects on land owned by independent institutions of higher education or religious institutions consistent with State law (California Government Code Sections 65913.16 and 65913.6). (Ord. 736, § 5 (part), 2025).

Notwithstanding the General Plan Land Use designation and zoning, any property that is improved with 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 Corporations Code), shall be permitted to construct dwelling units as outlined in this chapter. (Ord. 736, § 5 (part), 2025).

(a) Site requirements.

(1) Land ownership. The proposed development must be located on land owned on or before January 1, 2024, by an independent institution of higher education or by a religious institution.

(2) Location. The development must be located on a property that is not located on prime farmland, wetlands, a high fire hazard severity zone, a delineated earthquake fault zone, a flood plain, a floodway, a community conservation plan area, a habitat for protected species, or under a conservation easement.

(3) Hazardous waste site. The development is not located on a property that is classified as a hazardous waste site as defined under Government Code Section 65912.111(e) (see 65913.4(a)(6)(e)), unless the project sponsor has secured a letter from the State Department of Public Health, State Water Resources Control Board, or the Department of Toxic Substance Control stating that the site is suitable for residential uses.

(4) Demolition of residential units. A proposed housing development project must not require demolition of any of the following types of housing: units that have been occupied by tenants in the last ten years; units subject to any form of rent or price control, or units subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low incomes.

(5) Historic buildings. Projects may not demolish historic structures that are on a national, state, or local historic register.

(6) Proximity to industrial uses. A project must meet all of the following criteria:

(A) A project may not be adjacent to a site in which 1/3 of the uses or more are dedicated to light industrial use, meaning that the current use is light industrial, has been most recently permitted as light industrial, or has been identified as a light industrial site by the General Plan.

(B) A project site may not be located within 1,200 feet of an existing heavy industrial use, or a site that has been most recently permitted as a heavy industrial use.

(C) A project site may not be located within 1,600 feet of an existing Title V industrial use, or a site that was most recently permitted as a Title V industrial use.

(D) If multifamily uses are not a permitted use within the zoning district of the project site, then the housing development project may not be located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.

(7) Proximity to freeway. If the project is within 500 feet of a freeway, regularly occupied areas of the building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value (MERV) of 13.

(b) Project requirements.

(1) Affordability. One hundred (100) percent of the total units, excluding manager's unit(s), must be for lowerincome households as defined by Section 50079.5 of the Health and Safety Code (80% AMI), except that up to 20% of the total units in the development may be for moderate-income households as defined in Section 50053 of the Health and Safety Code (120% AMI), and 5% of the units may be for staff of the independent institution of higher education or religious institution that owns the land. Units must be subject to a recorded deed restriction of 55 years for rental units, and 45 years for owner-occupied units.

(2) Replacement units. If a project requires the demolition of residential units or is located on a site where residential units have been demolished within the past five years, the project sponsor shall comply with the replacement provisions of California Government Code Section 66300(d).

(3) Consistent with objective standards. The project must meet all objective standards of the Zoning Code at the time of application submittal.

• (4) Density.

(A) In zones that allow for residential uses, including single-family zones, a minimum density of 30 units per acre shall be applied at the project site. If the zoning allows for a higher density on the project site or a site adjacent to the project site, then the highest density shall apply.

(B) In zones that do not allow for residential uses, a minimum density of 40 units per acre shall be applied at the project site. A project may be eligible for a density bonus, waivers, and incentives/ concessions under the State Density Bonus Law, except as described below for building height.

• (5) Height.

(A) In zones that allow for residential uses, including single-family zones, a minimum height of one story above the zoned height shall be applied at the project site. If the zoning allows for a higher height limit on a site adjacent to the project site, then the higher height limit shall apply.

(B) In zones that do not allow for residential uses, a minimum height of one story above the zoned height shall be applied at the project site. A project may not seek a State Density Bonus incentive, concession, or waiver to increase the height above the height allowed by this chapter.

(6) Prevailing wage. A project that includes more than ten units that is not in its entirety a public work shall comply with the prevailing wage requirements set forth in California Government Code Section 65913.16(c)(12). (7) Craft construction. In addition to the Labor Standards set forth in California Government Code Section 65912.130, a project with 50 or more units shall employ construction craft employees and provide for health care expenditures as set forth in California Government Code Section 65913.16(g).

(8) Environmental assessment. The development proponent must complete a Phase I environmental assessment, as defined in Section 25319.1 of the Health and Safety Code, and a Phase II environmental assessment, as defined in subdivision (o) of Section 25403 of the Health and Safety Code, if warranted.

(9) Tribal resources. For a Housing Development Project proposed on a site that is vacant at the time that the application is submitted, the site shall not contain tribal resources, as defined in California Public Resources Code Section 21074, that could be affected by the Housing Development Project that were found pursuant to a consultation

as described in Public Resources Code Section 21080.1 and the effects of which cannot be mitigated pursuant to the process in Public Resources Code Section 21080.3.2.

(c) Residential parking. A minimum one space per unit shall be provided. In cases where the housing development project is located on property owned by a religious institution, no parking shall be required if either of the following applies:

• (1) The parcel is located within one-half mile walking distance of public transit; or

• (2) There is a car share vehicle located within one block of the parcel.

(d) Non-residential parking. Parking required for the higher education or religious uses on the site shall be as follows:

(1) Parking for the independent institution of higher education uses shall be provided pursuant to Chapter 21.68. In cases where existing parking is nonconforming, the deficiencies are not required to be fixed.

(2) Parking required for religious land uses shall be as approved as outlined in a previously approved Conditional Use Permit for said use. In cases where there is no Conditional Use Permit, parking shall be required as the number of parking spaces provided at such time the use was built.

(Ord. 736, § 5 (part), 2025).

Approval of projects pursuant to this chapter shall require a Zoning Clearance pursuant to Chapter 21.96. No public hearing or notice shall be required.

(Ord. 736, § 5 (part), 2025).

This chapter shall only remain in effect until January 1, 2036 and on that date is repealed, unless the Legislature of the State of California extends Chapter 4.2 of Division 1 of Title 7 of the Government Code to a later date. (Ord. 736, § 5 (part), 2025).