Housing: local educational agencies.

Wicks and Muratsuchi advance AB 1021 as a means to unlock housing opportunities on land owned by local educational agencies, by treating such housing developments as an allowable use if they meet a defined set of conditions and are reviewed under the Housing Accountability Act framework. The measure places LEA-owned sites into the housing development program as a potential location option, with the intent of aligning school-property utilization with broader housing goals while applying standard public-review standards to these projects.

Key mechanisms require a housing development on LEA land to contain at least 10 units and to be governed by a 55-year recorded deed restriction that preserves affordability in one of two configurations: either a mix allocating at least 30 percent of units to lower-income households and at least 20 percent to moderate-income households, or a tiered mix of very low-, lower-, and moderate-income units meeting specified percentages. All units would be rented in a defined sequence prioritizing LEA employees first, then employees of other local educational agencies, then local public employees, and finally general members of the public, with unoccupied units offered to the next group in the sequence. The development’s density would be set by the greater of the parcel’s permitted density or twice the density deemed appropriate for lower-income housing in the jurisdiction, and height limits would be determined by proximity to transit, surrounding zoning, and existing standards. The project must satisfy objective zoning, subdivision, and design standards and may employ density bonuses, incentives, waivers, or parking-relief available under existing law. Ownership of the housing site would remain with the LEA for the duration of the affordability obligation, and the land may be jointly used or occupied by other parties under specified Education Code provisions. The plan also requires infrastructure obligations and places the LEA housing project within local planning review that aligns with current density-bonus and objective-standard concepts.

The bill also extends and clarifies several program elements: LEA housing projects would be deemed consistent with local development standards, and eligible for a density bonus and related concessions; a 55-year affordability requirement is preserved; the definitions for terms such as “affordable rent,” “major transit stop,” and “local agency” are carried forward, and the new land-use framework includes restrictions on where multifamily housing can occur and how proximity to transit and amenities is measured. In addition, the measure broadens the scope of CEQA considerations by defining LEA-owned properties as affordable-housing sites for exemption purposes and provides that these LEA projects are exempt from certain requirements applicable to other affordable-housing projects, while preserving an exemption expiration timeline. The act includes findings asserting that changes address a statewide concern and applies to all cities, including charter cities, and it subjects these projects to the Housing Accountability Act review process.

From an implementation perspective, the legislation contemplates that the LEA housing provisions operate until a specified sunset date, with certain program elements expiring earlier than others (notably CEQA exemptions through 2033 and density-benefit provisions through 2036). It also clarifies that any sale, lease, or rental of excess LEA real property intended for teacher or school-district employee housing may proceed without a mandatory school district advisory committee appointment, subject to the surrounding statutory framework, and that a district’s advisory committee can elect not to participate under these circumstances. The proposal situates LEA housing within a statewide housing framework by providing clear affirmations of ownership, sequencing of occupant eligibility, and alignment with objective development standards, while maintaining a path for local governments to apply existing density-bonus and affordability tools.