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AB2011 and SB 6 are two separate bills, with the common element of facilitating <br /> development of housing projects on sites zoned for commercial uses, although there <br /> are some key differences between the two. Each is described below, and Attachment 2, <br /> which is an informational handout prepared recently by the Association of Bay Area <br /> Governments (ABAG), provides a side-by-side comparison of the two bills. Note that a <br /> project must apply under either AB 2011 or SB 6 — their provisions cannot be combined. <br /> AB 2011 (Wicks) <br /> AB 2011 creates a streamlined, ministerial approval process for multifamily housing <br /> developments on commercially zoned property. Developments are subject to <br /> affordability standards, and the bill incorporates provisions for two different types of <br /> residential projects: 100 percent affordable projects, and "mixed income" projects that <br /> include various specified proportions of below-market-rate units. This bill goes into <br /> effect on July 1, 2023, and its provisions will sunset on January 1, 2033. <br /> Affordability Requirements <br /> 100% Affordable Housing Developments: <br /> • 100% lower-income (at or below 80% AMI), for-sale or rental unit <br /> • Deed restriction for 55 years (rental) or 45 years (owner-occupied). <br /> Mixed-Income Housing Along Commercial Corridors: <br /> • Rental: 8% very low income plus 5% extremely low income, or 15% lower income <br /> • Owner-Occupied: 30% moderate income or 15% lower income <br /> • Units must adhere to same bedroom/bathroom ratios and must be of the same <br /> quality. <br /> Local governments may adopt more stringent inclusionary requirements. <br /> Location and Other Criteria for Application of AB 2011 <br /> For both 100% Affordable and Mixed-Income projects: <br /> • A zone where office, retail, or parking are a principally permitted use. <br /> • Within an urbanized area or urban cluster. <br /> • A site is within a "Neighborhood Plan" area (e.g., a Specific Plan area such as <br /> the Downtown Specific Plan) that permits multi-family development on the site. <br /> • At least 75 % of the site adjoins parcels developed with urban uses. <br /> • Cannot be a site where more than 1/3 of the square footage is dedicated to <br /> industrial use (meaning either used for, zoned, or designated to be used for, <br /> industrial). <br /> • Cannot be within a very high fire severity zone, floodway, or contain tribal cultural <br /> resources. <br /> • Meets exclusionary criteria set forth in SB 35 (Statutes of 2017), which excludes <br /> farmlands, wetlands, hazardous waste sites, earthquake fault zones, and flood <br /> areas subject to development restrictions. <br /> • Not on a site governed by mobile home/recreational vehicle laws or the Special <br /> Occupancy Parks Act. <br /> • Not within 500 feet of a freeway. <br /> Page 7 of 15 <br />