AB 1801: Supportive housing: administrative office space.

Under existing law, supportive housing is a use by right in zones where multifamily and mixed uses are permitted if the developer satisfies certain requirements. Existing law defines supportive housing as housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in specified activities. Existing law requires a supportive housing development to include nonresidential floor area used for onsite services in specified amounts. In this regard, existing law requires a supportive housing development with more than 20 units to provide at least 3% of the total nonresidential floor area for onsite supportive services.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the approval of ministerial projects.

This bill would revise the above-described requirement for a supportive housing development with more than 20 units to, instead, require the supportive housing development provide at least 3% of the total floor area for onsite supportive services. The bill would authorize a supportive housing development to include administrative office space in its nonresidential floor area, provided that the total floor area dedicated to administrative office space does not exceed 25% of the total floor area. The bill would define administrative office space as an organizational headquarters or auxiliary office space utilized by a nonprofit organization for the purpose of providing onsite supportive services at a supportive housing development and other nonprofit operations. The bill would specify that administrative office space includes parking necessary to serve the office space. By expanding the use by right provisions to include administrative office space, the bill would expand the exemption for approval of ministerial projects under CEQA.

This bill would also specify that supportive housing specifically includes transitional housing for youth and young adults for purposes of the use by right provisions described above.

By requiring local officials to engage in expanded ministerial project approval, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.