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AB-565 Building standards: alternative building regulations: artists’ housing.(2017-2018)

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Date Published: 04/21/2017 04:00 AM
AB565:v98#DOCUMENT

Amended  IN  Assembly  April 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 565


Introduced by Assembly Member Bloom

February 14, 2017


An act to amend Section 17958.11 of the Health and Safety Code, relating to building standards.


LEGISLATIVE COUNSEL'S DIGEST


AB 565, as amended, Bloom. Building standards: alternative building regulations: artists’ housing.
Existing law authorizes any city or county to adopt alternative building regulations for the conversion of commercial or industrial buildings to joint living and work quarters.
This bill, on or before ____, would require a city or county to adopt these alternative building regulations, and would specify that these regulations bill would authorize those regulations to include provisions for housing artists, artisans, and other similarly situated individuals, as described. This bill would also require a city or county that has already adopted alternative building regulations to amend those regulations, on or before ____, to include provisions for housing artists, artisans, and other similarly situated individuals.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 17958.11 of the Health and Safety Code is amended to read:

17958.11.
 (a) (1) On or before ____, a A city or county shall may adopt alternative building regulations for the conversion of commercial or industrial buildings, or portions thereof, to joint living and work quarters. As used in this section, “joint living and work quarters” means residential occupancy by a family maintaining a common household, or by not more than four unrelated persons, of one or more rooms or floors in a building originally designed for industrial or commercial occupancy which include (1) cooking space and sanitary facilities in conformance with local building standards adopted pursuant to Section 17958 or 17958.5 and (2) adequate working space reserved for, and regularly used by, one or more persons residing therein.
(2) The alternative building regulations adopted pursuant to this section shall be applicable in those geographic areas specifically designated for such occupancy, or as expressly permitted by a redevelopment plan with respect to a redevelopment project area. The alternative building regulations need not impose the same requirements as regulations adopted pursuant to Section 17922, except as otherwise provided in this section, but in permitting repairs, alterations, and additions necessary to accommodate joint living and work quarters, the alternative building regulations shall impose such requirements as will, in the determination of the local governing body, protect the public health, safety, and welfare.
(3) (A)The alternative building regulations adopted pursuant to this section shall may include provisions for housing for artists, artisans, or similarly situated individuals where the household may be comprised of multiple individuals, adults and children children, and at least one member of the household is an artist, artisan, or similarly situated individual. The regulation shall not require that the artist, artisan, or similarly situated individual derive an income from the art or creative work.

(B)On or before ____, a city or county that adopted alternative building regulations pursuant to paragraph (1) prior to the effective date of the act adding this paragraph shall amend those regulations to include provisions for housing for artists, artisans, or similarly situated individuals where the household may be comprised of multiple adults and children and at least one member of the household is an artist, artisan, or a similarly situated individual. The regulation shall not require that the artist, artisan, or similarly situated individual derive an income from the art or creative work.

(b) The Legislature hereby finds and declares that a substantial number of manufacturing and commercial buildings in urban areas have lost manufacturing and commercial tenants to more modern manufacturing and commercial premises, and that the untenanted portions of such buildings constitute a potential resource capable, when appropriately altered, of accommodating joint living and work quarters which would be physically and economically suitable particularly for use by artists, artisans, and similarly-situated individuals. The Legislature further finds that the public will benefit by making such buildings available for joint living and work quarters for artists, artisans, and similarly-situated individuals because (1) conversion of space to joint living and work quarters provides a new use for such buildings contributing to the revitalization of central city areas, (2) such conversion results in building improvements and rehabilitation, and (3) the cultural life of cities and of the state as a whole is enhanced by the residence in such cities of large numbers of persons regularly engaged in the arts.
(c) The Legislature further finds and declares that (1) persons regularly engaged in the arts require larger amounts of space for the pursuit of their artistic endeavors and for the storage of materials therefor, and of the products thereof, than are regularly found in dwellings, (2) the financial remunerations to be obtained from a career in the arts are generally small, (3) persons regularly engaged in the arts generally find it financially difficult to maintain quarters for their artistic endeavors separate and apart from their places of residence, (4) high property values and resulting rental costs make it particularly difficult for persons regularly engaged in the arts to obtain the use of the amount of space required for their work, and (5) the residential use of such space is accessory to the primary use of such space as a place of work.
(d) It is the intent of the Legislature that local governments have discretion to define geographic areas which may be utilized for joint living and work quarters and to establish standards for such occupancy, consistent with the needs and conditions peculiar to the local environment. The Legislature recognizes that building code regulations applicable to residential housing may have to be relaxed to provide joint living and work quarters in buildings previously used for commercial or industrial purposes.
(e) For purposes of this section, an artist, artisan, and similarly situated individual includes, but is limited to, all of the following:
(1) A person who works in, or is skilled in, any of the fine arts, including, but not limited to, painting, drawing, sculpture, books arts, printmaking, and mixed media.
(2) A person who creates imaginative works of aesthetic value, including, but not limited to, literature, poetry, photography, music composition, choreography, architecture, film, and video. video and computer arts.
(3) A person who creates functional art, including, but not limited to, metal, textile, paper, wood, ceramic, glass, or plastic objects.
(4) A performer or theatrical artist, including, but not limited to, singers, dancers, musicians, actors, and performance artists, and costume, lighting, sound, and set designers.
(5) In all arts disciplines a designer, technician, craftsperson, teacher, or administrator who is dedicated to using their expertise within his or her community to support, promote, present, teach, or propagate their art form, or to do all of these, through events, activities, performances, and classes.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.