Amended in Assembly April 14, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2442


Introduced by Assembly Member Holden

February 19, 2016


An act to amend Section 65915 of the Government Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

AB 2442, as amended, Holden. Density bonuses.

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 additionally require a density bonus to be provided to a developer that agrees to construct a housing development that includes at least 10% of the total units for transitional foster youth, disabled veterans, or homeless persons, as defined.begin insert The bill would require that these units be subject to a recorded affordability restriction of 55 years and be provided at the same affordability level as very low income units. The bill would set the density bonus at 20% of the number of these units.end insert By increasing the duties of local agencies, this bill would impose 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.  

Section 65915 of the Government Code is
2amended to read:

3

65915.  

(a) When an applicant seeks a density bonus for a
4housing development within, or for the donation of land for housing
5within, the jurisdiction of a city, county, or city and county, that
6local government shall provide the applicant with incentives or
7concessions for the production of housing units and child care
8facilities as prescribed in this section. All cities, counties, or cities
9and counties shall adopt an ordinance that specifies how
10compliance with this section will be implemented. Failure to adopt
11an ordinance shall not relieve a city, county, or city and county
12from complying with this section.

13(b) (1) A city, county, or city and county shall grant one density
14bonus, the amount of which shall be as specified in subdivision
15(f), and incentives or concessions, as described in subdivision (d),
16when an applicant for a housing development seeks and agrees to
17construct a housing development, excluding any units permitted
18by the density bonus awarded pursuant to this section, that will
19contain at least any one of the following:

20(A) Ten percent of the total units of a housing development for
21lower income households, as defined in Section 50079.5 of the
22Health and Safety Code.

23(B) Five percent of the total units of a housing development for
24very low income households, as defined in Section 50105 of the
25Health and Safety Code.

26(C) A senior citizen housing development, as defined in Sections
2751.3 and 51.12 of the Civil Code, or a mobilehome park that limits
28residency based on age requirements for housing for older persons
29pursuant to Section 798.76 or 799.5 of the Civil Code.

P3    1(D) Ten percent of the total dwelling units in a common interest
2development, as defined in Section 4100 of the Civil Code, for
3persons and families of moderate income, as defined in Section
450093 of the Health and Safety Code, provided that all units in the
5development are offered to the public for purchase.

6(E) Ten percent of the total units of a housing development for
7transitional foster youth, as defined in Section 66025.9 of the
8Education Code, disabled veterans, as defined in Section 18541,
9or homeless persons, as defined in the federal McKinney-Vento
10Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).begin insert The units
11described in this subparagraph shall be subject to a recorded
12affordability restriction of 55 years and shall be provided at the
13same affordability level as very low income units.end insert

14(2) For purposes of calculating the amount of the density bonus
15pursuant to subdivision (f), an applicant who requests a density
16bonus pursuant to this subdivision shall elect whether the bonus
17shall be awarded on the basis of subparagraph (A), (B), (C),begin delete or (D)end delete
18begin insert (D), or (E)end insert of paragraph (1).

19(3) For the purposes of this section, “total units” or “total
20dwelling units” does not include units added by a density bonus
21awarded pursuant to this section or any local law granting a greater
22density bonus.

23(c) (1) An applicant shall agree to, and the city, county, or city
24and county shall ensure, the continued affordability of all very low
25and low-income rental units that qualified the applicant for the
26award of the density bonus for 55 years or a longer period of time
27if required by the construction or mortgage financing assistance
28program, mortgage insurance program, or rental subsidy program.
29Rents for the lower income density bonus units shall be set at an
30affordable rent as defined in Section 50053 of the Health and Safety
31Code.

32(2) An applicant shall agree to, and the city, county, or city and
33county shall ensure that, the initial occupant of all for-sale units
34that qualified the applicant for the award of the density bonus are
35persons and families of very low, low, or moderate income, as
36required, and that the units are offered at an affordable housing
37cost, as that cost is defined in Section 50052.5 of the Health and
38Safety Code. The local government shall enforce an equity sharing
39agreement, unless it is in conflict with the requirements of another
P4    1public funding source or law. The following apply to the equity
2sharing agreement:

3(A) Upon resale, the seller of the unit shall retain the value of
4any improvements, the downpayment, and the seller’s proportionate
5share of appreciation. The local government shall recapture any
6initial subsidy, as defined in subparagraph (B), and its proportionate
7share of appreciation, as defined in subparagraph (C), which
8amount shall be used within five years for any of the purposes
9described in subdivision (e) of Section 33334.2 of the Health and
10Safety Code that promote home ownership.

11(B) For purposes of this subdivision, the local government’s
12initial subsidy shall be equal to the fair market value of the home
13at the time of initial sale minus the initial sale price to the
14moderate-income household, plus the amount of any downpayment
15 assistance or mortgage assistance. If upon resale the market value
16is lower than the initial market value, then the value at the time of
17the resale shall be used as the initial market value.

18(C) For purposes of this subdivision, the local government’s
19proportionate share of appreciation shall be equal to the ratio of
20the local government’s initial subsidy to the fair market value of
21the home at the time of initial sale.

22(3) (A) An applicant shall be ineligible for a density bonus or
23any other incentives or concessions under this section if the housing
24development is proposed on any property that includes a parcel or
25parcels on which rental dwelling units are or, if the dwelling units
26have been vacated or demolished in the five-year period preceding
27the application, have been subject to a recorded covenant,
28ordinance, or law that restricts rents to levels affordable to persons
29and families of lower or very low income; subject to any other
30form of rent or price control through a public entity’s valid exercise
31of its police power; or occupied by lower or very low income
32households, unless the proposed housing development replaces
33those units, and either of the following applies:

34(i) The proposed housing development, inclusive of the units
35replaced pursuant to this paragraph, contains affordable units at
36the percentages set forth in subdivision (b).

37(ii) Each unit in the development, exclusive of a manager’s unit
38or units, is affordable to, and occupied by, either a lower or very
39low income household.

P5    1(B) For the purposes of this paragraph, “replace” shall mean
2either of the following:

3(i) If any dwelling units described in subparagraph (A) are
4occupied on the date of application, the proposed housing
5development shall provide at least the same number of units of
6equivalent size or type, or both, to be made available at affordable
7rent or affordable housing cost to, and occupied by, persons and
8families in the same or lower income category as those households
9in occupancy. For unoccupied dwelling units described in
10subparagraph (A) in a development with occupied units, the
11proposed housing development shall provide units of equivalent
12size or type, or both, to be made available at affordable rent or
13affordable housing cost to, and occupied by, persons and families
14in the same or lower income category in the same proportion of
15affordability as the occupied units. All replacement calculations
16resulting in fractional units shall be rounded up to the next whole
17number. If the replacement units will be rental dwelling units,
18these units shall be subject to a recorded affordability restriction
19for at least 55 years. If the proposed development is for-sale units,
20the units replaced shall be subject to paragraph (2).

21(ii) If all dwelling units described in subparagraph (A) have
22been vacated or demolished within the five-year period preceding
23the application, the proposed housing development shall provide
24at least the same number of units of equivalent size or type, or
25both, as existed at the highpoint of those units in the five-year
26period preceding the application to be made available at affordable
27rent or affordable housing cost to, and occupied by, persons and
28families in the same or lower income category as those persons
29and families in occupancy at that time, if known. If the incomes
30of the persons and families in occupancy at the highpoint is not
31known, then one-half of the required units shall be made available
32at affordable rent or affordable housing cost to, and occupied by,
33very low income persons and families and one-half of the required
34 units shall be made available for rent at affordable housing costs
35to, and occupied by, low-income persons and families. All
36replacement calculations resulting in fractional units shall be
37rounded up to the next whole number. If the replacement units will
38be rental dwelling units, these units shall be subject to a recorded
39affordability restriction for at least 55 years. If the proposed
P6    1development is for-sale units, the units replaced shall be subject
2to paragraph (2).

3(C) Paragraph (3) of subdivision (c) does not apply to an
4applicant seeking a density bonus for a proposed housing
5development if his or her application was submitted to, or
6processed by, a city, county, or city and county before January 1,
72015.

8(d) (1) An applicant for a density bonus pursuant to subdivision
9(b) may submit to a city, county, or city and county a proposal for
10the specific incentives or concessions that the applicant requests
11pursuant to this section, and may request a meeting with the city,
12county, or city and county. The city, county, or city and county
13shall grant the concession or incentive requested by the applicant
14unless the city, county, or city and county makes a written finding,
15based upon substantial evidence, of any of the following:

16(A) The concession or incentive is not required in order to
17provide for affordable housing costs, as defined in Section 50052.5
18of the Health and Safety Code, or for rents for the targeted units
19to be set as specified in subdivision (c).

20(B) The concession or incentive would have a specific adverse
21impact, as defined in paragraph (2) of subdivision (d) of Section
2265589.5, upon public health and safety or the physical environment
23or on any real property that is listed in the California Register of
24Historical Resources and for which there is no feasible method to
25satisfactorily mitigate or avoid the specific adverse impact without
26rendering the development unaffordable to low- and
27moderate-income households.

28(C) The concession or incentive would be contrary to state or
29federal law.

30(2) The applicant shall receive the following number of
31incentives or concessions:

32(A) One incentive or concession for projects that include at least
3310 percent of the total units for lower income households, at least
345 percent for very low income households, or at least 10 percent
35for persons and families of moderate income in a common interest
36development.

37(B) Two incentives or concessions for projects that include at
38least 20 percent of the total units for lower income households, at
39least 10 percent for very low income households, or at least 20
P7    1percent for persons and families of moderate income in a common
2interest development.

3(C) Three incentives or concessions for projects that include at
4least 30 percent of the total units for lower income households, at
5least 15 percent for very low income households, or at least 30
6percent for persons and families of moderate income in a common
7interest development.

8(3) The applicant may initiate judicial proceedings if the city,
9county, or city and county refuses to grant a requested density
10bonus, incentive, or concession. If a court finds that the refusal to
11grant a requested density bonus, incentive, or concession is in
12violation of this section, the court shall award the plaintiff
13reasonable attorney’s fees and costs of suit. Nothing in this
14subdivision shall be interpreted to require a local government to
15grant an incentive or concession that has a specific, adverse impact,
16as defined in paragraph (2) of subdivision (d) of Section 65589.5,
17upon health, safety, or the physical environment, and for which
18there is no feasible method to satisfactorily mitigate or avoid the
19specific adverse impact. Nothing in this subdivision shall be
20interpreted to require a local government to grant an incentive or
21concession that would have an adverse impact on any real property
22that is listed in the California Register of Historical Resources.
23The city, county, or city and county shall establish procedures for
24carrying out this section, that shall include legislative body
25approval of the means of compliance with this section.

26(e) (1) In no case may a city, county, or city and county apply
27any development standard that will have the effect of physically
28precluding the construction of a development meeting the criteria
29of subdivision (b) at the densities or with the concessions or
30incentives permitted by this section. An applicant may submit to
31a city, county, or city and county a proposal for the waiver or
32reduction of development standards that will have the effect of
33physically precluding the construction of a development meeting
34the criteria of subdivision (b) at the densities or with the
35concessions or incentives permitted under this section, and may
36request a meeting with the city, county, or city and county. If a
37court finds that the refusal to grant a waiver or reduction of
38development standards is in violation of this section, the court
39shall award the plaintiff reasonable attorney’s fees and costs of
40suit. Nothing in this subdivision shall be interpreted to require a
P8    1local government to waive or reduce development standards if the
2waiver or reduction would have a specific, adverse impact, as
3defined in paragraph (2) of subdivision (d) of Section 65589.5,
4upon health, safety, or the physical environment, and for which
5there is no feasible method to satisfactorily mitigate or avoid the
6specific adverse impact. Nothing in this subdivision shall be
7interpreted to require a local government to waive or reduce
8development standards that would have an adverse impact on any
9real property that is listed in the California Register of Historical
10Resources, or to grant any waiver or reduction that would be
11contrary to state or federal law.

12(2) A proposal for the waiver or reduction of development
13standards pursuant to this subdivision shall neither reduce nor
14increase the number of incentives or concessions to which the
15applicant is entitled pursuant to subdivision (d).

16(f) For the purposes of this chapter, “density bonus” means a
17density increase over the otherwise maximum allowable residential
18density as of the date of application by the applicant to the city,
19county, or city and county. The applicant may elect to accept a
20lesser percentage of density bonus. The amount of density bonus
21to which the applicant is entitled shall vary according to the amount
22by which the percentage of affordable housing units exceeds the
23percentage established in subdivision (b).

24(1) For housing developments meeting the criteria of
25subparagraph (A) of paragraph (1) of subdivision (b), the density
26bonus shall be calculated as follows:


27

 

Percentage Low-Income UnitsPercentage Density Bonus
1020 
1121.5
1223 
1324.5
1426 
1527.5
1730.5
1832 
1933.5
2035 
P8   404P8   1324P8   1729P8   12

 

P9    1(2) For housing developments meeting the criteria of
2subparagraph (B) of paragraph (1) of subdivision (b), the density
3bonus shall be calculated as follows:

 

Percentage Very Low Income UnitsPercentage Density Bonus
520 
622.5
725 
827.5
930 
1032.5
1135 
P8   1324P8   1729P8   12

 

14(3) begin insert(A)end insertbegin insertend insertFor housing developments meeting the criteria of
15subparagraph (C) of paragraph (1) of subdivision (b), the density
16bonus shall be 20 percent of the number of senior housing units.

begin insert

17
(B) For housing developments meeting the criteria of
18subparagraph (E) of paragraph (1) of subdivision (b), the density
19bonus shall be 20 percent of the number of the type of units giving
20rise to a density bonus under that subparagraph.

end insert

21(4) For housing developments meeting the criteria of
22subparagraph (D) of paragraph (1) of subdivision (b), the density
23bonus shall be calculated as follows:

 

Percentage Moderate-Income UnitsPercentage Density Bonus
105
116
127
138
149
1510
1611
1712
1813
1914
2015
2116
2217
2318
2419
2520
2621
2722
2823
2924
3025
3126
3227
3328
3429
3530
3631
3732
3833
3934
4035
P8   1729P8   12

 

18(5) All density calculations resulting in fractional units shall be
19rounded up to the next whole number. The granting of a density
20bonus shall not be interpreted, in and of itself, to require a general
21plan amendment, local coastal plan amendment, zoning change,
22or other discretionary approval.

23(g) (1) When an applicant for a tentative subdivision map,
24parcel map, or other residential development approval donates
25land to a city, county, or city and county in accordance with this
26subdivision, the applicant shall be entitled to a 15-percent increase
27above the otherwise maximum allowable residential density for
28the entire development, as follows:

 

Percentage Very Low IncomePercentage Density Bonus
1015
1116
1217
1318
1419
1520
1621
1722
1823
1924
2025
2126
2227
2328
2429
2530
2631
2732
2833
2934
3035
P8   12

 

13(2) This increase shall be in addition to any increase in density
14mandated by subdivision (b), up to a maximum combined mandated
15density increase of 35 percent if an applicant seeks an increase
16pursuant to both this subdivision and subdivision (b). All density
17calculations resulting in fractional units shall be rounded up to the
18next whole number. Nothing in this subdivision shall be construed
19to enlarge or diminish the authority of a city, county, or city and
20county to require a developer to donate land as a condition of
21development. An applicant shall be eligible for the increased
22density bonus described in this subdivision if all of the following
23conditions are met:

24(A) The applicant donates and transfers the land no later than
25the date of approval of the final subdivision map, parcel map, or
26residential development application.

27(B) The developable acreage and zoning classification of the
28land being transferred are sufficient to permit construction of units
29affordable to very low income households in an amount not less
30than 10 percent of the number of residential units of the proposed
31development.

32(C) The transferred land is at least one acre in size or of
33sufficient size to permit development of at least 40 units, has the
34appropriate general plan designation, is appropriately zoned with
35appropriate development standards for development at the density
36described in paragraph (3) of subdivision (c) of Section 65583.2,
37and is or will be served by adequate public facilities and
38infrastructure.

39(D) The transferred land shall have all of the permits and
40approvals, other than building permits, necessary for the
P12   1development of the very low income housing units on the
2transferred land, not later than the date of approval of the final
3subdivision map, parcel map, or residential development
4application, except that the local government may subject the
5proposed development to subsequent design review to the extent
6authorized by subdivision (i) of Section 65583.2 if the design is
7not reviewed by the local government prior to the time of transfer.

8(E) The transferred land and the affordable units shall be subject
9to a deed restriction ensuring continued affordability of the units
10 consistent with paragraphs (1) and (2) of subdivision (c), which
11shall be recorded on the property at the time of the transfer.

12(F) The land is transferred to the local agency or to a housing
13developer approved by the local agency. The local agency may
14require the applicant to identify and transfer the land to the
15developer.

16(G) The transferred land shall be within the boundary of the
17proposed development or, if the local agency agrees, within
18one-quarter mile of the boundary of the proposed development.

19(H) A proposed source of funding for the very low income units
20shall be identified not later than the date of approval of the final
21subdivision map, parcel map, or residential development
22application.

23(h) (1) When an applicant proposes to construct a housing
24development that conforms to the requirements of subdivision (b)
25and includes a child care facility that will be located on the
26premises of, as part of, or adjacent to, the project, the city, county,
27or city and county shall grant either of the following:

28(A) An additional density bonus that is an amount of square
29feet of residential space that is equal to or greater than the amount
30of square feet in the child care facility.

31(B) An additional concession or incentive that contributes
32significantly to the economic feasibility of the construction of the
33child care facility.

34(2) The city, county, or city and county shall require, as a
35condition of approving the housing development, that the following
36occur:

37(A) The child care facility shall remain in operation for a period
38of time that is as long as or longer than the period of time during
39which the density bonus units are required to remain affordable
40pursuant to subdivision (c).

P13   1(B) Of the children who attend the child care facility, the
2children of very low income households, lower income households,
3or families of moderate income shall equal a percentage that is
4equal to or greater than the percentage of dwelling units that are
5required for very low income households, lower income
6households, or families of moderate income pursuant to subdivision
7(b).

8(3) Notwithstanding any requirement of this subdivision, a city,
9county, or city and county shall not be required to provide a density
10bonus or concession for a child care facility if it finds, based upon
11substantial evidence, that the community has adequate child care
12facilities.

13(4) “Child care facility,” as used in this section, means a child
14day care facility other than a family day care home, including, but
15not limited to, infant centers, preschools, extended day care
16facilities, and schoolage child care centers.

17(i) “Housing development,” as used in this section, means a
18development project for five or more residential units. For the
19purposes of this section, “housing development” also includes a
20subdivision or common interest development, as defined in Section
214100 of the Civil Code, approved by a city, county, or city and
22county and consists of residential units or unimproved residential
23lots and either a project to substantially rehabilitate and convert
24an existing commercial building to residential use or the substantial
25rehabilitation of an existing multifamily dwelling, as defined in
26subdivision (d) of Section 65863.4, where the result of the
27 rehabilitation would be a net increase in available residential units.
28For the purpose of calculating a density bonus, the residential units
29shall be on contiguous sites that are the subject of one development
30application, but do not have to be based upon individual
31subdivision maps or parcels. The density bonus shall be permitted
32in geographic areas of the housing development other than the
33areas where the units for the lower income households are located.

34(j) (1) The granting of a concession or incentive shall not be
35interpreted, in and of itself, to require a general plan amendment,
36local coastal plan amendment, zoning change, or other discretionary
37approval. This provision is declaratory of existing law.

38(2) Except as provided in subdivisions (d) and (e), the granting
39of a density bonus shall not be interpreted to require the waiver of
P14   1a local ordinance or provisions of a local ordinance unrelated to
2development standards.

3(k) For the purposes of this chapter, concession or incentive
4means any of the following:

5(1) A reduction in site development standards or a modification
6of zoning code requirements or architectural design requirements
7that exceed the minimum building standards approved by the
8California Building Standards Commission as provided in Part 2.5
9(commencing with Section 18901) of Division 13 of the Health
10and Safety Code, including, but not limited to, a reduction in
11setback and square footage requirements and in the ratio of
12vehicular parking spaces that would otherwise be required that
13results in identifiable, financially sufficient, and actual cost
14reductions.

15(2) Approval of mixed-use zoning in conjunction with the
16housing project if commercial, office, industrial, or other land uses
17will reduce the cost of the housing development and if the
18commercial, office, industrial, or other land uses are compatible
19with the housing project and the existing or planned development
20in the area where the proposed housing project will be located.

21(3) Other regulatory incentives or concessions proposed by the
22developer or the city, county, or city and county that result in
23identifiable, financially sufficient, and actual cost reductions.

24(l) Subdivision (k) does not limit or require the provision of
25direct financial incentives for the housing development, including
26the provision of publicly owned land, by the city, county, or city
27and county, or the waiver of fees or dedication requirements.

28(m) This section does not supersede or in any way alter or lessen
29the effect or application of the California Coastal Act of 1976
30(Division 20 (commencing with Section 30000) of the Public
31Resources Code).

32(n) If permitted by local ordinance, nothing in this section shall
33be construed to prohibit a city, county, or city and county from
34granting a density bonus greater than what is described in this
35section for a development that meets the requirements of this
36section or from granting a proportionately lower density bonus
37than what is required by this section for developments that do not
38meet the requirements of this section.

39(o) For purposes of this section, the following definitions shall
40apply:

P15   1(1) “Development standard” includes a site or construction
2condition, including, but not limited to, a height limitation, a
3setback requirement, a floor area ratio, an onsite open-space
4requirement, or a parking ratio that applies to a residential
5development pursuant to any ordinance, general plan element,
6specific plan, charter, or other local condition, law, policy,
7resolution, or regulation.

8(2) “Maximum allowable residential density” means the density
9allowed under the zoning ordinance and land use element of the
10general plan, or if a range of density is permitted, means the
11maximum allowable density for the specific zoning range and land
12use element of the general plan applicable to the project. Where
13the density allowed under the zoning ordinance is inconsistent
14with the density allowed under the land use element of the general
15plan, the general plan density shall prevail.

16(p) (1) Except as provided in paragraphs (2) and (3), upon the
17request of the developer, a city, county, or city and county shall
18not require a vehicular parking ratio, inclusive of handicapped and
19guest parking, of a development meeting the criteria of subdivisions
20(b) and (c), that exceeds the following ratios:

21(A) Zero to one bedroom: one onsite parking space.

22(B) Two to three bedrooms: two onsite parking spaces.

23(C) Four and more bedrooms: two and one-half parking spaces.

24(2) Notwithstanding paragraph (1), if a development includes
25the maximum percentage of low- or very low income units
26provided for in paragraphs (1) and (2) of subdivision (f) and is
27located within one-half mile of a major transit stop, as defined in
28subdivision (b) of Section 21155 of the Public Resources Code,
29and there is unobstructed access to the major transit stop from the
30development, then, upon the request of the developer, a city,
31county, or city and county shall not impose a vehicular parking
32ratio, inclusive of handicapped and guest parking, that exceeds 0.5
33spaces per bedroom. For purposes of this subdivision, a
34development shall have unobstructed access to a major transit stop
35if a resident is able to access the major transit stop without
36encountering natural or constructed impediments.

37(3) Notwithstanding paragraph (1), if a development consists
38solely of rental units, exclusive of a manager’s unit or units, with
39an affordable housing cost to lower income families, as provided
40in Section 50052.5 of the Health and Safety Code, then, upon the
P16   1request of the developer, a city, county, or city and county shall
2not impose a vehicular parking ratio, inclusive of handicapped and
3guest parking, that exceeds the following ratios:

4(A) If the development is located within one-half mile of a major
5transit stop, as defined in subdivision (b) of Section 21155 of the
6Public Resources Code, and there is unobstructed access to the
7major transit stop from the development, the ratio shall not exceed
80.5 spaces per unit.

9(B) If the development is a for-rent housing development for
10individuals who are 62 years of age or older that complies with
11Sections 51.2 and 51.3 of the Civil Code, the ratio shall not exceed
120.5 spaces per unit. The development shall have either paratransit
13service or unobstructed access, within one-half mile, to fixed bus
14route service that operates at least eight times per day.

15(C) If the development is a special needs housing development,
16as defined in Section 51312 of the Health and Safety Code, the
17ratio shall not exceed 0.3 spaces per unit. The development shall
18have either paratransit service or unobstructed access, within
19one-half mile, to fixed bus route service that operates at least eight
20times per day.

21(4) If the total number of parking spaces required for a
22development is other than a whole number, the number shall be
23rounded up to the next whole number. For purposes of this
24subdivision, a development may provide onsite parking through
25tandem parking or uncovered parking, but not through onstreet
26parking.

27(5) This subdivision shall apply to a development that meets
28the requirements of subdivisions (b) and (c), but only at the request
29of the applicant. An applicant may request parking incentives or
30concessions beyond those provided in this subdivision pursuant
31to subdivision (d).

32(6) This subdivision does not preclude a city, county, or city
33and county from reducing or eliminating a parking requirement
34for development projects of any type in any location.

35(7) Notwithstanding paragraphs (2) and (3), if a city, county,
36city and county, or an independent consultant has conducted an
37areawide or jurisdictionwide parking study in the last seven years,
38then the city, county, or city and county may impose a higher
39vehicular parking ratio not to exceed the ratio described in
40paragraph (1), based upon substantial evidence found in the parking
P17   1study, that includes, but is not limited to, an analysis of parking
2availability, differing levels of transit access, walkability access
3to transit services, the potential for shared parking, the effect of
4parking requirements on the cost of market-rate and subsidized
5developments, and the lower rates of car ownership for low- and
6very low income individuals, including seniors and special needs
7individuals. The city, county, or city and county shall pay the costs
8of any new study. The city, county, or city and county shall make
9findings, based on a parking study completed in conformity with
10this paragraph, supporting the need for the higher parking ratio.

11

SEC. 2.  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13a local agency or school district has the authority to levy service
14charges, fees, or assessments sufficient to pay for the program or
15level of service mandated by this act, within the meaning of Section
1617556 of the Government Code.



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