Amended in Assembly April 14, 2016

Amended in Assembly April 4, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1934


Introduced by Assembly Member Santiago

February 12, 2016


An act to add Section 65915.7 to the Government Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

AB 1934, as amended, Santiago. Planning and zoning: density bonuses: mixed-use projects.

The Planning and Zoning Law requires, when an applicant proposes a housing development within the jurisdiction of the local government, that the city, county, or city and county provide the developer with a density bonus and other incentives or concessions for the production of lower income housing units or for the donation of land within the development if the developer, among other things, agrees to construct a specified percentage of units for very low, low-, or moderate-income households or qualifying residents.

This bill would, when an applicant for approval for commercial development agrees to partner with an affordable housing developer to construct a mixed-used project for which the housing will bebegin delete eitherend delete located onsite at the proposed commercialbegin delete development or located within a one-mile radius of the proposed commercialend delete development, require a city, county, or city and county to grant to the commercial developer a density bonus, as specified. By increasing the duties of local officials relating to the administration of density bonuses, this bill would create a state-mandated local program.

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 no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

The Legislature finds and declares that the
2development of affordable housing is a matter of statewide concern
3and is not a municipal affair as that term is used in Section 5 of
4Article XI of the California Constitution. Therefore, Section
565915.7 of the Government Code, as proposed to be added by this
6act, shall apply to all cities, including charter cities.

7

SEC. 2.  

Section 65915.7 is added to the Government Code, to
8read:

9

65915.7.  

(a) When an applicant for approval for commercial
10development agrees to partner with an affordable housing developer
11to construct a mixed-used project for which the housing will be
12begin delete eitherend delete located onsite at the proposed commercialbegin delete development or
13located within a one-mile radius of the proposed commercialend delete

14 development, the city, county, or city and county shall, in addition
15to any density bonus and incentives or concessions granted to the
16affordable housing developer as prescribed in Section 65915, grant
17to the commercial developer a density bonus as prescribed in
18subdivision (b).

19(b) The density bonus granted to the commercial developer shall
20meanbegin delete a density increase of up to 20 percent varianceend deletebegin insert exceptions
21resulting in significant cost reductions over the maximum allowable
22intensity in the general plan, zoning ordinance, or other regulationend insert

23 of the city, county, or city and begin delete county’s zoning ordinance or
24regulation,end delete
begin insert county,end insert including, but not limited to, floor areabegin delete ratios
25or commercial linkage fees.end delete
begin insert ratios, and may include modification
26to development standards such as height and parking requirements.end insert

27

SEC. 3.  

No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
P3    1a local agency or school district has the authority to levy service
2charges, fees, or assessments sufficient to pay for the program or
3level of service mandated by this act, within the meaning of Section
417556 of the Government Code.



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