Section 17922.9 Of Chapter 2. Rules And Regulations From California Health And Safety Code >> Division 13. >> Part 1.5. >> Chapter 2.
17922.9
. (a) The Legislature hereby finds and declares that the
provision of an adequate level of affordable housing, in and of
itself, is a fundamental responsibility of the state and that a
generally inadequate supply of decent, safe, and sanitary housing
affordable to persons of low and moderate income threatens orderly
community and regional development, including job creation,
attracting new private investment, and creating the physical,
economic, social, and environmental conditions to support continued
growth and security of all areas of the state.
The Legislature further finds and declares that many rural
communities depend on mortgage financing available through the
Farmers Home Administration and that the continued construction of
affordable housing is a priority for the state. However, the
Legislature, in requiring waiver of certain local requirements
respecting adequacy of garages and carports and house size, does not
endorse the restrictive Farmers Home Administration regulations that
preclude financing of two-car garages and houses exceeding a maximum
size.
The Legislature further finds and declares that inadequate housing
supplies have a negative impact on regional development and are,
therefore, a matter of statewide interest and concern.
(b) Notwithstanding any local ordinance, charter provision, or
regulation to the contrary, if the applicant for a building permit
for construction of a qualifying residential structure submits with
the application a conditional loan commitment letter or letter of
intent to finance issued by the Farmers Home Administration of the
United States Department of Agriculture for the structure, the city,
county, or city and county issuing the building permit shall not
impose any requirement on the permit respecting the size or capacity
of any appurtenant garage or carport or house size which exceeds the
size or capacity that the Farmers Home Administration will finance
under its then applicable regulations and policies. "Qualifying
residential structure," as used in this section, means any
single-family or multifamily residential structure financed by the
Farmers Home Administration and which is restricted pursuant to
federal law to ownership or occupancy by households with incomes not
exceeding the income criteria for persons and families of low and
moderate income, as defined by Section 50093, or more restrictive
income criteria.
(c) This section does not preclude a city, county, or city and
county from requiring the provision of one uncovered, paved parking
space located outside the required setback and outside the driveway
approach to the garage or covered parking space plus a garage or
covered parking space that does not exceed the size and capacity
allowed for Farmers Home Administration financing. However, this
setback requirement may not exceed the setbacks applicable to
single-family dwelling units in the same zoning district that have
two-car garages.