CHAPTER
6.8. Student Housing Development Projects
21189.60.
For purposes of this chapter, the following definitions apply:(a) “Applicant” means a private entity or its affiliate that proposes a student housing development project, or its successor, heirs, or assigns.
(b) “Environmental review document” means any of the following:
(1) A negative declaration.
(2) A mitigated negative declaration.
(3) An environmental impact report.
(c) “Public university” means the University of California, the
California State University, or a California community college.
(d) “Student housing development project” means a project that meets all of the following:
(1) (A) For a project proposed by an applicant, at least 70 percent of the square footage of the project consist of residential units of which 70 percent are student-oriented units.
(B) For a project that is carried out by a public university, at least __ percent of the project consist of student housing.
(2) The project is located in either of the following:
(A) Within the campus of the public university.
(B) Within two miles of the outer boundary of
a public university or a private not-for-profit university.
(3) For a project proposed by an applicant, at least 10 percent of the residential units are provided to extremely low, very low, and low-income households at monthly housing costs with an affordable housing cost or affordable rent, as described in Section 50052.5 or 50053 of the Health and Safety Code, for which students are eligible to apply.
(4) The project is located in an area that provides easy access to a campus of a public university or a private not-for-profit university.
(5) The project achieves sustainability standards of at Leadership in Energy and Environmental Design (LEED) Gold level or comparable GreenPoint rating, including meeting sustainability standards for access to quality transit.
(6) The project does not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation, as determined by the State Air Resources Board pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code.
(e) “Student-oriented unit” means a residential unit that meets all of the following requirements:
(1) The unit is leased by individual leases.
(2) The unit contains at least three, but not more than four, beds.
(3) The unit contains at least one three-quarter bathroom per two beds in the unit.
(4) The unit contains a full kitchen and at least one living
space.
21189.61.
(a) A public university proposing to carry out a project may certify the project as a student housing development project if the public university determines that the project meets all applicable requirements set forth in subdivision (d) of Section 21189.60. (b) (1) (A) Except as provided in paragraph (3), an applicant proposing a project may apply to a campus of a public university with an outer boundary that is within two miles of the project site for a determination that the project qualifies for a certification as a student housing development project.
(B) If the project is within two miles of two or more campuses of a public
university, the application for certification shall be submitted to the campus of the public university with the largest number of enrolled students.
(2) Except as provided in paragraph (3), the public university receiving an application pursuant to paragraph (1) shall notify the lead agency that the project qualifies for certification as a student housing development project if the public university determines that the project meets all applicable requirements set forth in subdivision (d) of Section 21189.60.
(3) This subdivision does not apply to the Regents of the University of California. The Regents of the University of California are encouraged to implement this subdivision.
21189.62.
(a) For a project proposed by an applicant, if the lead agency receives notification from a public university that the project qualifies for certification as a student housing development project, the lead agency shall certify the project as a student housing development project if either of the following are met:(1) The project is consistent with the applicable land use designation for the area in which the project is located.
(2) The project is consistent with changes in the applicable land use designation for the area in which the project is located that are made contemporaneous with the proposal of the project.
(b) (1) For a project proposed by an applicant that is within two miles of a campus of a private not-for-profit university and not within two miles of a campus of a public university, the applicant may apply to the lead agency for certification of the project as a student housing development project.
(2) The lead agency shall certify the project as a student housing development project if the lead agency determines that the project meets all applicable requirements set forth in subdivision (d) of Section 21189.60 and the requirements of subdivision (a).
21189.63.
Within 10 days of the certification of a project as a student housing development project pursuant to this chapter, the lead agency or the public university, as applicable, shall issue a public notice in no less than 12-point type stating the following: “THE PROJECT IS CERTIFIED AS A STUDENT HOUSING DEVELOPMENT PROJECT UNDER CHAPTER 6.8 (COMMENCING WITH SECTION 21189.60) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT ANY JUDICIAL ACTION CHALLENGING THE ENVIRONMENTAL REVIEW DOCUMENT CONDUCTED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (DIVISION 13 (COMMENCING WITH SECTION 21000) OF THE PUBLIC RESOURCES CODE) OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE ENVIRONMENTAL REVIEW DOCUMENT IS SUBJECT
TO THE CALIFORNIA RULES OF COURT ADOPTED PURSUANT TO SECTION 21189.64 OF THE PUBLIC RESOURCES CODE. A COPY OF CHAPTER 6.8 (COMMENCING WITH SECTION 21189.60) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE IS INCLUDED BELOW.”
21189.64.
(a) On or before July 1, 2022, the Judicial Council shall adopt rules of court to establish procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the determination that a student housing development project certified under this chapter is exempt from this division, or the adoption of a negative or mitigated declaration for a student housing development project certified under this chapter, or the certification of an environmental impact report for a student housing development project certified under this chapter, or the granting of any project approvals that require the actions or proceedings, including any potential appeals to the court of appeal or the Supreme Court, be resolved, to the extent feasible, within 270 business days of the filing of the
certified record of proceedings with the court. (b) The rules of court adopted pursuant to subdivision (a) shall also be applicable to actions or proceeding brought to attack, review, set aside, void, or annul the lead agency’s action taken pursuant to this division for changes to land use designation taken pursuant to paragraph (1) of subdivision (a) of Section 21189.62 or the adoption of those changes.
21189.65.
Notwithstanding any other law, the preparation and certification of the record of proceedings for a student housing development project certified under this chapter shall be performed in the following manner:(a) The lead agency for the project shall prepare the record of proceedings pursuant to this division concurrently with the administrative process.
(b) All documents and other materials placed in the record of proceedings shall be posted on, and be downloadable from, an internet website maintained by the lead agency commencing with the date of the release of the draft
environmental review document.
(c) The lead agency shall make available to the public in a readily accessible electronic format the draft environmental review document and all other documents submitted to, or relied on by, the lead agency in the preparation of the draft environmental review document.
(d) A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental review document that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is released or received by the lead agency.
(e) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any comment available to the public in a readily accessible electronic format within five days of its receipt.
(f) Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format.
(g) Notwithstanding paragraphs (b) to (f), inclusive, documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to
be made readily accessible in an electronic format. For those copyright-protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental review document, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental review document. The index must specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review.
(h) The lead agency shall certify the final record of proceedings within five days of its approval of the project.
(i) Any dispute arising from the record of proceedings shall be resolved by the superior
court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief.
(j) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.
21189.66.
If a lead agency determines that a student housing development project certified under this chapter is exempt from this division, the lead agency shall file a notice of exemption with the Office of Planning and Research and the county clerk in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152.