§ 65658.1

692 words·~3 min read·/ca/government-code/65658-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

For purposes of this article:

(1)“Adaptive reuse project” means the retrofitting and repurposing of an existing building to create new residential or mixed uses including office conversion projects.

(2)“Adaptive reuse project” shall not include any of the following:

(A)The retrofitting and repurposing of any building that is within an industrial zone that does not permit residential uses.

(B)The retrofitting and repurposing of any hotels, or any mixed-use buildings that contain hotel use, except if they have been discontinued for a minimum of five years from the date on which this article becomes operative.

(b)“Adjacent portion of the project” means the portion of the project located on a site adjacent to and attached to the proposed repurposed existing building, including on the same parcel as the proposed repurposed existing building.

(c)“Broadly applicable housing affordability requirement” means a local ordinance or other regulation that requires a minimum percentage of affordable units and that applies to a variety of housing development types or entitlement pathways.

(d)“Impact fee” means any fee imposed pursuant to Chapter 5 (commencing with Section 66000).

(e)“Industrial use” means utilities, manufacturing, transportation storage and maintenance facilities, warehousing uses, and any other use that is a source that is subject to permitting by a district, as defined in Section 39025 of the Health and Safety Code, pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). “Industrial use” does not include any of the following:

(1)Power substations or utility conveyances such as power lines, broadband wires, and pipes.

(2)A use where the only source permitted by a district is an emergency backup generator.

(3)Self-storage for the residents of a building.

(f)“Historical resource” means the same as defined in subdivision

(j)of Section 5020.1 of the Public Resources Code, or a resource listed in the California Register of Historical Resources as described in Section 5024.1 of the Public Resources Code.

(g)“Local affordable housing requirement” means either of the following:

(1)A local government requirement that a housing development project include a certain percentage of units affordable to, and occupied by, extremely low, very low, lower, or moderate-income households as a condition of development of residential units.

(2)A local government requirement allowing a housing development project to be a use by right if the project includes a certain percentage of units affordable to, and occupied by, extremely low, very low, lower, or moderate-income households as a condition of development of residential units.

(h)“Local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.

(i)“Mixed use” means residential uses combined with at least one other land use, but not including any industrial use.

(j)“Office conversion project” means the conversion of a building used for office purposes or a vacant office building into residential dwelling units.

(k)“Persons and families of low or moderate income” means the same as defined in Section 50093 of the Health and Safety Code.

( l ) “Phase I environmental assessment” means the same as defined in Section 78090 of the Health and Safety Code.

(m)“Preliminary endangerment assessment” means the same as defined in Section 78095 of the Health and Safety Code.

(n)“Residential uses” includes, but is not limited to, housing units, dormitories, boarding houses, group housing, and other congregate residential uses. “Residential uses” does not include prisons or jails.

(o)“Urban uses” has the same meaning as defined in Section 65912.101.

(p)“Use by right” means that the city’s or county’s review of the adaptive reuse project may not require a conditional use permit, planned unit development permit, or other discretionary city or county review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of an adaptive reuse project shall be subject to all laws, including, but not limited to, a city or county ordinance implementing the Subdivision Map Act (Division 2 (commencing with Section 66410)).