AB 1490 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
AB 1490	CA	2023	D	Affordable housing incentives and financing, By-right zoning, Commercial land, Deadlines, Density bonus, Enforcement, Inclusionary zoning, Lands near transit, Minimum parking requirements, Waiver of Fees, Written findings, burden and standard of proof

Provided by Furman

Summary

Adds Section 65913.12 to the Government Code to designate extremely affordable adaptive reuse projects on infill parcels as an allowable use on certain parcels.
“Extremely affordable adaptive reuse project” is defined as a multifamily housing development project that involves retrofitting and repurposing an existing residential or commercial building with a deed restriction requiring 100% of units to be dedicated to low income housing or 50% dedicated to very low income housing.
“Infill parcel” is defined as a parcel that is 75% surrounded by urban uses and within half a mile of a major public transit stop.
Extremely affordable adaptive reuse projects are designated as an allowable use on infill parcels that is not adjoined to industrial parcels. The development cannot eliminate any existing open space on the parcel, and must provide onsite management services if it has more than 50 units.
If a local agency determines that such a development is in conflict with their objective planning standards or objective design review, it must provide written explanation within 90 days (or less for smaller projects).
Any local funding sources for affordable housing development must include adaptive reuse as an eligible project type.

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