AB 1934, as amended, Santiago. Planning and zoning: development 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, when an applicant for approval
begin delete forend delete commercial development begin delete agrees to partnerend delete with an affordable housing developer to begin delete constructend delete a joint project or 2 separate projects encompassing affordable housing, begin delete wouldend delete require a city, county, or city and county to grant to the commercial developer a development bonus, as specified. The bill would define the development bonus to mean incentives mutually agreed upon by the developer and the jurisdiction that may
include but are not limited to, specified begin delete variances.end delete By increasing the duties of local officials relating to the administration of development 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:
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.
Section 65915.7 is added to the Government Code, to
(a) When an applicant for approval
begin delete forend delete
10 commercial development
begin delete agrees to partner with an affordable to
11housing developerend delete
begin delete constructend delete
a joint project or two separate projects
14encompassing affordable housing, the city, county, or city and
15county shall grant to the commercial developer a development
16bonus as prescribed in subdivision (b).
begin delete Offsite
17according to this subdivision shall be end delete
2of the following:
3(1) Within the boundaries of the local government.
4(2) In close proximity to public amenities including schools and
6(3) Located within one-half mile of a major transit stop, as
7defined in subdivision (b) of Section 21155 of the Public Resources
9(b) The development bonus granted to the commercial developer
10shall mean incentives, mutually agreed upon by the developer and
11the jurisdiction, that may include, but are not limited to, any of the
13(1) Up to a 20-percent
begin delete varianceend delete in maximum allowable
14intensity in the General
begin delete Plan, zoning ordinance, or other regulation.end delete
16(2) Up to a 20-percent
begin delete varianceend delete in maximum allowable
17floor area ratio.
18(3) Up to a 20-percent
begin delete varianceend delete in maximum height
20(4) Up to a 20-percent
begin delete varianceend delete in minimum parking
begin deleteA specific use end delete
of a limited-use/limited-application
23elevator for upper floor accessibility.
26(c) For the purposes of this section, the agreement for partnered
begin delete and commercial developmentsend delete shall be approved by the begin delete affordable housing developer, the
31commercial developer, and the local government.end delete
33(d) For the purposes of this section, affordable housing may be
34contributed by the commercial developer in one of the following
36(1) The commercial developer may directly build the units.
37(2) The commercial developer may
begin delete dedicateend delete a portion
38of the site or property elsewhere to the affordable housing
39developer for use as a site for affordable housing.
P4 1(3) The commercial developer may make
begin delete an in-lieuend delete
2 payment to the affordable housing developer that shall be used
3towards the costs of affordable housing
begin delete construction on a pendingend delete project.
5(e) For the purposes of this section, subparagraph (A) of
6paragraph (3) of subdivision (c) of Section 65915 shall apply.
7(f) Nothing in this section shall preclude any additional
8allowances or incentives offered to developers by local
9governments pursuant to law or regulation.
begin delete end delete begin delete(1)end delete If the developer of the affordable units does not
11commence with construction of those units in accordance with
12timelines ascribed by the agreement described in subdivision (c),
13the local government may withhold certificates of occupancy for
14the commercial development under construction until the developer
15has completed construction of the affordable units.
16(2) For the purposes of this subdivision, “commence with
17construction” shall mean either of the following:
18(A) Commence or complete the construction of affordable units.end delete
19(B) Issuance of building permits for the construction of the
21(h) In order to qualify for a development bonus under this
22section, a commercial developer shall partner with a housing
23developer that provides at least 30 percent of the total units for
24low-income households or at least 15 percent of the total units for
25very low-income households.
26(i) Nothing in this section shall preclude an
begin delete applicant for a from seeking a
27development bonusend delete
28density bonus, concessions or incentives, waivers or reductions of
29development standards, or parking ratios under Section 65915.
30(j) A development bonus pursuant to this section shall not
31include a reduction of
begin delete fees for affordable housing or
32authorize noncompliance with other affordable housingend delete
33 requirements within
begin delete a local commercial linkage and impact fee
23 5(k)end delete
6 For purposes of this section, “partner” shall mean formation
7of a partnership, limited liability company, corporation, or other
8entity recognized by the state in which the commercial
9development applicant and the affordable housing developer are
10each partners, members, shareholders or other participants, or a
11contract or agreement between a commercial development applicant
12and affordable housing developer for the development of both the
13commercial and the affordable housing properties.
No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18a local agency or school district has the authority to levy service
19charges, fees, or assessments sufficient to pay for the program or
20level of service mandated by this act, within the meaning of Section
2117556 of the Government Code.