AB 2295 – Allows Districts To Use Owned Real Property For Housing Development Projects

CATEGORY: Public Education Matters
CLIENT TYPE: Public Education
DATE: Oct 28, 2022

AB 2295 is effective January 1, 2024, except that on or after January 31, 2023, the Department of Housing and Community Development must provide written notice to the planning agency of each county and city that this section becomes effective January 1, 2024. The bill is repealed effective January 1, 2033.

The bill provides that a housing development project is an allowable use on any real property owned by a local educational agency so long as certain requirements are satisfied. To qualify under this bill, the housing project must:

  • Consists of 10 housing units.
  • Have a recorded deed restriction that ensures, for a period of at least 55 years, that the majority of the units shall be set at an affordable rent to lower-income or moderate-income households, with at least 30 percent of the units affordable to lower-income households.
  • All the units must be rented by local education agency employees, local public employees, and general members of the public. The bill establishes the required procedure and order for renting the units.
  • Satisfy specific residential density and height requirements. The project must also satisfy local objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with the residential density and height requirements.
  • Be adjacent to a property that permits residential uses as principally permitted by us.
  • Located on an infill site.
  • Be located entirely within any applicable urban limit line or urban growth boundary established by local ordinance; and
  • Comply with all infrastructure-related requirements, including impact fees that are existing or pending at the time the application is submitted, imposed by a city or county or a special district that provides service to the parcel.

The bill permits the local educational agency and any other party to jointly use or jointly occupy any land used for the development of a housing development.

(AB 2295 adds and repeals Section 65914.7 of the Government Code.)

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