Amended in Assembly April 5, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2556


Introduced by Assembly Member Nazarian

February 19, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

AB 2556, as amended, Nazarian. Density bonuses.

The Planning and Zoning Law requires, when an applicant proposes a housing development within the jurisdiction of a 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. That law makes an applicant ineligible for a density bonus if the housing development is proposed on property with existing or certain former dwelling units subject to specific affordability requirements, including a form of rent or price control through a public entity’s valid exercise of its police power, or on property with existing units occupied by lower or very low income households, unless the proposed housing development replaces those units as prescribed. That law defines “replace” for those purposes.

This bill wouldbegin insert revise the definition of “replace” to require a city, county, or city and county to adopt a rebuttable presumptionend insertbegin insert regarding the proportion of lower income households that occupy existing units if the income category of the households in occupancy is not known. The bill would alsoend insert include in that definition, if the property for the proposed housing development is subject to a form of rent or price control through a local government’s valid exercise of its police power and is or was occupied by a person or family with an income above lower income,begin delete dwelling units that are made available, at the discretion ofend deletebegin insert authorization for aend insert the city, county, or city and county,begin insert to require replacement units to be made availableend insert at affordable rent or affordable housing cost to, andbegin delete areend delete occupied by, a low-income person orbegin delete family.end deletebegin insert family, as specified, or require the replacement units to be replaced in compliance with the rent or price control ordinance of the city, county, or city and county.end insert By increasing the duties of local officials, 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.begin delete All cities, counties, or cities
9and countiesend delete
begin insert A city, county, or city and countyend insert shall adopt an
10ordinance that specifies how compliance with this section will be
11implemented. Failure to adopt an ordinance shall not relieve a city,
12 county, or city and county from 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
P3    1construct a housing development, excluding any units permitted
2by the density bonus awarded pursuant to this section, that will
3contain at least any one of the following:

4(A) Ten percent of the total units of a housing development for
5lower income households, as defined in Section 50079.5 of the
6Health and Safety Code.

7(B) Five percent of the total units of a housing development for
8very low income households, as defined in Section 50105 of the
9Health and Safety Code.

10(C) A senior citizen housing development, as defined in Sections
1151.3 and 51.12 of the Civil Code, or a mobilehome park that limits
12residency based on age requirements for housing for older persons
13pursuant to Section 798.76 or 799.5 of the Civil Code.

14(D) Ten percent of the total dwelling units in a common interest
15development, as defined in Section 4100 of the Civil Code, for
16persons and families of moderate income, as defined in Section
1750093 of the Health and Safety Code, provided that all units in the
18development are offered to the public for purchase.

19(2) For purposes of calculating the amount of the density bonus
20pursuant to subdivision (f), an applicant who requests a density
21bonus pursuant to this subdivision shall elect whether the bonus
22shall be awarded on the basis of subparagraph (A), (B), (C), or (D)
23of paragraph (1).

24(3) For the purposes of this section, “total units” or “total
25dwelling units” does not include units added by a density bonus
26awarded pursuant to this section or any local law granting a greater
27density bonus.

28(c) (1) An applicant shall agree to, and the city, county, or city
29and county shall ensure, the continued affordability of all very low
30and low-income rental units that qualified the applicant for the
31award of the density bonus for 55 years or a longer period of time
32if required by the construction or mortgage financing assistance
33program, mortgage insurance program, or rental subsidy program.
34Rents for the lower income density bonus units shall be set at an
35affordable rent as defined in Section 50053 of the Health and Safety
36Code.

37(2) An applicant shall agree to, and the city, county, or city and
38county shall ensure that, the initial occupant of all for-sale units
39that qualified the applicant for the award of the density bonus are
40persons and families of very low, low, or moderate income, as
P4    1required, and that the units are offered at an affordable housing
2cost, as that cost is defined in Section 50052.5 of the Health and
3Safety Code. The local government shall enforce an equity sharing
4agreement, unless it is in conflict with the requirements of another
5public funding source or law. The following apply to the equity
6sharing agreement:

7(A) Upon resale, the seller of the unit shall retain the value of
8any improvements, the downpayment, and the seller’s proportionate
9share of appreciation. The local government shall recapture any
10initial subsidy, as defined in subparagraph (B), and its proportionate
11share of appreciation, as defined in subparagraph (C), which
12amount shall be used within five years for any of the purposes
13described in subdivision (e) of Section 33334.2 of the Health and
14Safety Code that promote home ownership.

15(B) For purposes of this subdivision, the local government’s
16initial subsidy shall be equal to the fair market value of the home
17at the time of initial sale minus the initial sale price to the
18moderate-income household, plus the amount of any downpayment
19assistance or mortgage assistance. If upon resale the market value
20is lower than the initial market value, then the value at the time of
21the resale shall be used as the initial market value.

22(C) For purposes of this subdivision, the local government’s
23proportionate share of appreciation shall be equal to the ratio of
24the local government’s initial subsidy to the fair market value of
25the home at the time of initial sale.

26(3) (A) An applicant shall be ineligible for a density bonus or
27any other incentives or concessions under this section if the housing
28development is proposed on any property that includes a parcel or
29parcels on which rental dwelling units are or, if the dwelling units
30have been vacated or demolished in the five-year period preceding
31the application, have been subject to a recorded covenant,
32ordinance, or law that restricts rents to levels affordable to persons
33and families of lower or very low income; subject to any other
34form of rent or price control through a public entity’s valid exercise
35of its police power; or occupied by lower or very low income
36households, unless the proposed housing development replaces
37those units, and either of the following applies:

38(i) The proposed housing development, inclusive of the units
39replaced pursuant to this paragraph, contains affordable units at
40the percentages set forth in subdivision (b).

P5    1(ii) Each unit in the development, exclusive of a manager’s unit
2or units, is affordable to, and occupied by, either a lower or very
3low income household.

4(B) For the purposes of this paragraph, “replace” shall mean
5 any of the following:

6(i) If any dwelling units described in subparagraph (A) are
7occupied on the date of application, the proposed housing
8development shall provide at least the same number of units of
9equivalent size or type, or both, to be made available at affordable
10rent or affordable housing cost to, and occupied by, persons and
11families in the same or lower income category as those households
12in occupancy. begin insertIf the income category of the household in occupancy
13is not known, the city, county, or city and county shall adopt a
14rebuttable presumption that lower income households occupied
15these units in the same proportion of lower income households to
16all households within the census tract in which the development
17is located as determined from the last decennial census. end insert
For
18 unoccupied dwelling units described in subparagraph (A) in a
19development with occupied units, the proposed housing
20development shall provide units of equivalent size or type, or both,
21to be made available at affordable rent or affordable housing cost
22to, and occupied by, persons and families in the same or lower
23income category in the same proportion of affordability as the
24occupied units. All replacement calculations resulting in fractional
25units shall be rounded up to the next whole number. If the
26replacement units will be rental dwelling units, these units shall
27be subject to a recorded affordability restriction for at least 55
28years. If the proposed development is for-sale units, the units
29replaced shall be subject to paragraph (2).

30(ii) If all dwelling units described in subparagraph (A) have
31been vacated or demolished within the five-year period preceding
32the application, the proposed housing development shall provide
33at least the same number of units of equivalent size or type, or
34both, as existed at the highpoint of those units in the five-year
35period preceding the application to be made available at affordable
36rent or affordable housing cost to, and occupied by, persons and
37families in the same or lower income category as those persons
38and families in occupancy at that time, if known. If the incomes
39of the persons and families in occupancy at the highpoint is not
40known,begin delete thenend deletebegin insert the city, county, or city and county shall adopt a
P6    1rebuttable presumption that lower income households occupied
2these units in the same proportion of lower income households to
3all households within the census tract in which the development
4is located, as determined from the last decennial census andend insert

5 one-half of the required units shall be made available at affordable
6rent or affordable housing cost to, and occupied by, very low
7income persons and families and one-half of the required units
8shall be made available for rent at affordable housing costs to, and
9occupied by, low-income persons and families. All replacement
10calculations resulting in fractional units shall be rounded up to the
11next whole number. If the replacement units will be rental dwelling
12units, these units shall be subject to a recorded affordability
13restriction for at least 55 years. If the proposed development is
14for-sale units, the units replaced shall be subject to paragraph (2).

15(iii) If the property described in subparagraph (A) is or was
16subject to a form of rent or price control through a local
17 government’s valid exercise of its police power and is or was
18occupied by a person or family with an income above lower
19income, thebegin delete dwelling units on that property in the proposed housing
20development are made available, at the discretion of theend delete
city,
21county, or city andbegin delete county, at affordable rent or affordable housing
22cost to, and are occupied by, a low-income person or family.end delete
begin insert county
23may require the replacement unit to be made available at
24affordable rent or affordable housing cost to, and occupied by, a
25low income person or family or require the replacement unit to be
26replaced in compliance with the rent or price control ordinance
27of the city, county, or city and county. If the replacement unit is
28required to be made available at affordable rent, the unit shall be
29subject to a recorded affordability restriction for at least 55 years.
30If the replacement unit is required to be made available at
31affordable housing cost and the proposed development consists of
32for-sale units, each unit shall be subject to paragraph (2).end insert

33(C) Subparagraph (A) does not apply to an applicant seeking a
34density bonus for a proposed housing development if his or her
35application was submitted to, or processed by, a city, county, or
36city and county before January 1, 2015.

37(d) (1) An applicant for a density bonus pursuant to subdivision
38(b) may submit to a city, county, or city and county a proposal for
39the specific incentives or concessions that the applicant requests
40pursuant to this section, and may request a meeting with the city,
P7    1county, or city and county. The city, county, or city and county
2shall grant the concession or incentive requested by the applicant
3unless the city, county, or city and county makes a written finding,
4based upon substantial evidence, of any of the following:

5(A) The concession or incentive is not required in order to
6provide for affordable housing costs, as defined in Section 50052.5
7of the Health and Safety Code, or for rents for the targeted units
8to be set as specified in subdivision (c).

9(B) The concession or incentive would have a specific, adverse
10impact, as defined in paragraph (2) of subdivision (d) of Section
1165589.5, upon public health and safety or the physical environment
12or on any real property that is listed in the California Register of
13Historical Resources and for which there is no feasible method to
14satisfactorily mitigate or avoid the specific, adverse impact without
15rendering the development unaffordable to low- and
16moderate-income households.

17(C) The concession or incentive would be contrary to state or
18federal law.

19(2) The applicant shall receive the following number of
20incentives or concessions:

21(A) One incentive or concession for projects that include at least
2210 percent of the total units for lower income households, at least
235 percent for very low income households, or at least 10 percent
24for persons and families of moderate income in a common interest
25development.

26(B) Two incentives or concessions for projects that include at
27least 20 percent of the total units for lower income households, at
28least 10 percent for very low income households, or at least 20
29percent for persons and families of moderate income in a common
30interest development.

31(C) Three incentives or concessions for projects that include at
32least 30 percent of the total units for lower income households, at
33least 15 percent for very low income households, or at least 30
34percent for persons and families of moderate income in a common
35interest development.

36(3) The applicant may initiate judicial proceedings if the city,
37county, or city and county refuses to grant a requested density
38bonus, incentive, or concession. If a court finds that the refusal to
39grant a requested density bonus, incentive, or concession is in
40violation of this section, the court shall award the plaintiff
P8    1reasonable attorney’s fees and costs of suit. Nothing in this
2subdivision shall be interpreted to require a local government to
3grant an incentive or concession that has a specific, adverse impact,
4as defined in paragraph (2) of subdivision (d) of Section 65589.5,
5upon health, safety, or the physical environment, and for which
6there is no feasible method to satisfactorily mitigate or avoid the
7specific adverse impact. Nothing in this subdivision shall be
8interpreted to require a local government to grant an incentive or
9concession that would have an adverse impact on any real property
10that is listed in the California Register of Historical Resources.
11The city, county, or city and county shall establish procedures for
12carrying out this section, that shall include legislative body
13approval of the means of compliance with this section.

14(e) (1) In no case may a city, county, or city and county apply
15any development standard that will have the effect of physically
16 precluding the construction of a development meeting the criteria
17of subdivision (b) at the densities or with the concessions or
18incentives permitted by this section. An applicant may submit to
19a city, county, or city and county a proposal for the waiver or
20reduction of development standards that will have the effect of
21physically precluding the construction of a development meeting
22the criteria of subdivision (b) at the densities or with the
23concessions or incentives permitted under this section, and may
24request a meeting with the city, county, or city and county. If a
25court finds that the refusal to grant a waiver or reduction of
26development standards is in violation of this section, the court
27shall award the plaintiff reasonable attorney’s fees and costs of
28suit. Nothing in this subdivision shall be interpreted to require a
29local government to waive or reduce development standards if the
30waiver or reduction would have a specific, adverse impact, as
31defined in paragraph (2) of subdivision (d) of Section 65589.5,
32upon health, safety, or the physical environment, and for which
33there is no feasible method to satisfactorily mitigate or avoid the
34specific adverse impact. Nothing in this subdivision shall be
35interpreted to require a local government to waive or reduce
36development standards that would have an adverse impact on any
37real property that is listed in the California Register of Historical
38Resources, or to grant any waiver or reduction that would be
39contrary to state or federal law.

P9    1(2) A proposal for the waiver or reduction of development
2standards pursuant to this subdivision shall neither reduce nor
3increase the number of incentives or concessions to which the
4applicant is entitled pursuant to subdivision (d).

5(f) For the purposes of this chapter, “density bonus” means a
6density increase over the otherwise maximum allowable residential
7density as of the date of application by the applicant to the city,
8county, or city and county. The applicant may elect to accept a
9lesser percentage of density bonus. The amount of density bonus
10to which the applicant is entitled shall vary according to the amount
11by which the percentage of affordable housing units exceeds the
12percentage established in subdivision (b).

13(1) For housing developments meeting the criteria of
14subparagraph (A) of paragraph (1) of subdivision (b), the density
15bonus shall be calculated as follows:


16

 

Percentage Low-Income UnitsPercentage Density Bonus
1020 
1121.5
1223 
1324.5
1426 
1527.5
1730.5
1832 
1933.5
2035 
P9   2933P9    29P9    214P9   37

 

30(2) For housing developments meeting the criteria of
31subparagraph (B) of paragraph (1) of subdivision (b), the density
32bonus shall be calculated as follows:

 

Percentage Very Low Income UnitsPercentage Density Bonus
520 
622.5
725 
827.5
930 
1032.5
1135 
P9    29P9    214P9   37

 

3(3) For housing developments meeting the criteria of
4subparagraph (C) of paragraph (1) of subdivision (b), the density
5bonus shall be 20 percent of the number of senior housing units.

6(4) For housing developments meeting the criteria of
7subparagraph (D) of paragraph (1) of subdivision (b), the density
8bonus 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
P9    214P9   37

 

3(5) All density calculations resulting in fractional units shall be
4rounded up to the next whole number. The granting of a density
5bonus shall not be interpreted, in and of itself, to require a general
6plan amendment, local coastal plan amendment, zoning change,
7or other discretionary approval.

8(g) (1) When an applicant for a tentative subdivision map,
9parcel map, or other residential development approval donates
10land to a city, county, or city and county in accordance with this
11subdivision, the applicant shall be entitled to a 15-percent increase
12above the otherwise maximum allowable residential density for
13the 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
P9   37

 

38(2) This increase shall be in addition to any increase in density
39mandated by subdivision (b), up to a maximum combined mandated
40density increase of 35 percent if an applicant seeks an increase
P12   1pursuant to both this subdivision and subdivision (b). All density
2calculations resulting in fractional units shall be rounded up to the
3next whole number. Nothing in this subdivision shall be construed
4to enlarge or diminish the authority of a city, county, or city and
5county to require a developer to donate land as a condition of
6development. An applicant shall be eligible for the increased
7density bonus described in this subdivision if all of the following
8conditions are met:

9(A) The applicant donates and transfers the land no later than
10the date of approval of the final subdivision map, parcel map, or
11residential development application.

12(B) The developable acreage and zoning classification of the
13land being transferred are sufficient to permit construction of units
14affordable to very low income households in an amount not less
15than 10 percent of the number of residential units of the proposed
16development.

17(C) The transferred land is at least one acre in size or of
18sufficient size to permit development of at least 40 units, has the
19appropriate general plan designation, is appropriately zoned with
20appropriate development standards for development at the density
21described in paragraph (3) of subdivision (c) of Section 65583.2,
22and is or will be served by adequate public facilities and
23infrastructure.

24(D) The transferred land shall have all of the permits and
25approvals, other than building permits, necessary for the
26development of the very low income housing units on the
27transferred land, not later than the date of approval of the final
28subdivision map, parcel map, or residential development
29application, except that the local government may subject the
30proposed development to subsequent design review to the extent
31authorized by subdivision (i) of Section 65583.2 if the design is
32not reviewed by the local government prior to the time of transfer.

33(E) The transferred land and the affordable units shall be subject
34to a deed restriction ensuring continued affordability of the units
35consistent with paragraphs (1) and (2) of subdivision (c), which
36shall be recorded on the property at the time of the transfer.

37(F) The land is transferred to the local agency or to a housing
38developer approved by the local agency. The local agency may
39require the applicant to identify and transfer the land to the
40developer.

P13   1(G) The transferred land shall be within the boundary of the
2proposed development or, if the local agency agrees, within
3one-quarter mile of the boundary of the proposed development.

4(H) A proposed source of funding for the very low income units
5shall be identified not later than the date of approval of the final
6subdivision map, parcel map, or residential development
7application.

8(h) (1) When an applicant proposes to construct a housing
9development that conforms to the requirements of subdivision (b)
10and includes a child care facility that will be located on the
11premises of, as part of, or adjacent to, the project, the city, county,
12or city and county shall grant either of the following:

13(A) An additional density bonus that is an amount of square
14feet of residential space that is equal to or greater than the amount
15of square feet in the child care facility.

16(B) An additional concession or incentive that contributes
17significantly to the economic feasibility of the construction of the
18child care facility.

19(2) The city, county, or city and county shall require, as a
20condition of approving the housing development, that the following
21occur:

22(A) The child care facility shall remain in operation for a period
23of time that is as long as or longer than the period of time during
24which the density bonus units are required to remain affordable
25pursuant to subdivision (c).

26(B) Of the children who attend the child care facility, the
27children of very low income households, lower income households,
28or families of moderate income shall equal a percentage that is
29 equal to or greater than the percentage of dwelling units that are
30required for very low income households, lower income
31households, or families of moderate income pursuant to subdivision
32(b).

33(3) Notwithstanding any requirement of this subdivision, a city,
34county, or city and county shall not be required to provide a density
35bonus or concession for a child care facility if it finds, based upon
36substantial evidence, that the community has adequate child care
37facilities.

38(4) “Child care facility,” as used in this section, means a child
39day care facility other than a family day care home, including, but
P14   1not limited to, infant centers, preschools, extended day care
2facilities, and schoolage child care centers.

3(i) “Housing development,” as used in this section, means a
4development project for five or more residential units. For the
5purposes of this section, “housing development” also includes a
6subdivision or common interest development, as defined in Section
74100 of the Civil Code, approved by a city, county, or city and
8county and consists of residential units or unimproved residential
9 lots and either a project to substantially rehabilitate and convert
10an existing commercial building to residential use or the substantial
11rehabilitation of an existing multifamily dwelling, as defined in
12subdivision (d) of Section 65863.4, where the result of the
13rehabilitation would be a net increase in available residential units.
14For the purpose of calculating a density bonus, the residential units
15shall be on contiguous sites that are the subject of one development
16application, but do not have to be based upon individual
17subdivision maps or parcels. The density bonus shall be permitted
18in geographic areas of the housing development other than the
19areas where the units for the lower income households are located.

20(j) (1) The granting of a concession or incentive shall not be
21interpreted, in and of itself, to require a general plan amendment,
22local coastal plan amendment, zoning change, or other discretionary
23approval. This provision is declaratory of existing law.

24(2) Except as provided in subdivisions (d) and (e), the granting
25of a density bonus shall not be interpreted to require the waiver of
26a local ordinance or provisions of a local ordinance unrelated to
27development standards.

28(k) For the purposes of this chapter, concession or incentive
29means any of the following:

30(1) A reduction in site development standards or a modification
31of zoning code requirements or architectural design requirements
32that exceed the minimum building standards approved by the
33California Building Standards Commission as provided in Part 2.5
34(commencing with Section 18901) of Division 13 of the Health
35and Safety Code, including, but not limited to, a reduction in
36setback and square footage requirements and in the ratio of
37vehicular parking spaces that would otherwise be required that
38results in identifiable, financially sufficient, and actual cost
39reductions.

P15   1(2) Approval of mixed-use zoning in conjunction with the
2housing project if commercial, office, industrial, or other land uses
3will reduce the cost of the housing development and if the
4commercial, office, industrial, or other land uses are compatible
5with the housing project and the existing or planned development
6in the area where the proposed housing project will be located.

7(3) Other regulatory incentives or concessions proposed by the
8developer or the city, county, or city and county that result in
9identifiable, financially sufficient, and actual cost reductions.

10(l) Subdivision (k) does not limit or require the provision of
11direct financial incentives for the housing development, including
12the provision of publicly owned land, by the city, county, or city
13and county, or the waiver of fees or dedication requirements.

14(m) This section does not supersede or in any way alter or lessen
15the effect or application of the California Coastal Act of 1976
16(Division 20 (commencing with Section 30000) of the Public
17Resources Code).

18(n) If permitted by local ordinance, nothing in this section shall
19be construed to prohibit a city, county, or city and county from
20granting a density bonus greater than what is described in this
21section for a development that meets the requirements of this
22section or from granting a proportionately lower density bonus
23than what is required by this section for developments that do not
24meet the requirements of this section.

25(o) For purposes of this section, the following definitions shall
26apply:

27(1) “Development standard” includes a site or construction
28condition, including, but not limited to, a height limitation, a
29setback requirement, a floor area ratio, an onsite open-space
30requirement, or a parking ratio that applies to a residential
31development pursuant to any ordinance, general plan element,
32specific plan, charter, or other local condition, law, policy,
33resolution, or regulation.

34(2) “Maximum allowable residential density” means the density
35allowed under the zoning ordinance and land use element of the
36general plan, or if a range of density is permitted, means the
37maximum allowable density for the specific zoning range and land
38use element of the general plan applicable to the project. Where
39the density allowed under the zoning ordinance is inconsistent
P16   1with the density allowed under the land use element of the general
2plan, the general plan density shall prevail.

3(p) (1)  Except as provided in paragraphs (2) and (3), upon the
4request of the developer, a city, county, or city and county shall
5not require a vehicular parking ratio, inclusive of handicapped and
6guest parking, of a development meeting the criteria of subdivisions
7(b) and (c), that exceeds the following ratios:

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

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

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

11(2) Notwithstanding paragraph (1), if a development includes
12the maximum percentage of low- or very low income units
13provided for in paragraphs (1) and (2) of subdivision (f) and is
14located within one-half mile of a major transit stop, as defined in
15subdivision (b) of Section 21155 of the Public Resources Code,
16and there is unobstructed access to the major transit stop from the
17development, then, upon the request of the developer, a city,
18county, or city and county shall not impose a vehicular parking
19ratio, inclusive of handicapped and guest parking, that exceeds 0.5
20spaces per bedroom. For purposes of this subdivision, a
21development shall have unobstructed access to a major transit stop
22if a resident is able to access the major transit stop without
23encountering natural or constructed impediments.

24(3) Notwithstanding paragraph (1), if a development consists
25solely of rental units, exclusive of a manager’s unit or units, with
26an affordable housing cost to lower income families, as provided
27in Section 50052.5 of the Health and Safety Code, then, upon the
28request of the developer, a city, county, or city and county shall
29not impose a vehicular parking ratio, inclusive of handicapped and
30guest parking, that exceeds the following ratios:

31(A) If the development is located within one-half mile of a major
32transit stop, as defined in subdivision (b) of Section 21155 of the
33Public Resources Code, and there is unobstructed access to the
34major transit stop from the development, the ratio shall not exceed
350.5 spaces per unit.

36(B) If the development is a for-rent housing development for
37individuals who are 62 years of age or older that complies with
38Sections 51.2 and 51.3 of the Civil Code, the ratio shall not exceed
390.5 spaces per unit. The development shall have either paratransit
P17   1service or unobstructed access, within one-half mile, to fixed bus
2route service that operates at least eight times per day.

3(C) If the development is a special needs housing development,
4as defined in Section 51312 of the Health and Safety Code, the
5ratio shall not exceed 0.3 spaces per unit. The development shall
6have either paratransit service or unobstructed access, within
7one-half mile, to fixed bus route service that operates at least eight
8times per day.

9(4) If the total number of parking spaces required for a
10development is other than a whole number, the number shall be
11rounded up to the next whole number. For purposes of this
12subdivision, a development may provide on-site parking through
13tandem parking or uncovered parking, but not through on-street
14parking.

15(5) This subdivision shall apply to a development that meets
16the requirements of subdivisions (b) and (c), but only at the request
17of the applicant. An applicant may request parking incentives or
18concessions beyond those provided in this subdivision pursuant
19to subdivision (d).

20(6) This subdivision does not preclude a city, county, or city
21and county from reducing or eliminating a parking requirement
22for development projects of any type in any location.

23(7) Notwithstanding paragraphs (2) and (3), if a city, county,
24city and county, or an independent consultant has conducted an
25areawide or jurisdictionwide parking study in the last seven years,
26then the city, county, or city and county may impose a higher
27vehicular parking ratio not to exceed the ratio described in
28paragraph (1), based upon substantial evidence found in the parking
29study, that includes, but is not limited to, an analysis of parking
30availability, differing levels of transit access, walkability access
31to transit services, the potential for shared parking, the effect of
32parking requirements on the cost of market-rate and subsidized
33developments, and the lower rates of car ownership for low- and
34very low income individuals, including seniors and special needs
35individuals. The city, county, or city and county shall pay the costs
36of any new study. The city, county, or city and county shall make
37findings, based on a parking study completed in conformity with
38this paragraph, supporting the need for the higher parking ratio.

39

SEC. 2.  

No reimbursement is required by this act pursuant to
40Section 6 of Article XIII B of the California Constitution because
P18   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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