BILL ANALYSIS
AB 305
Page 1
Date of Hearing: April 23, 2003
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Sim?n Salinas, Chair
AB 305 (Mullin) - As Amended: March 24, 2003
SUBJECT : Density bonuses: child care facilities.
SUMMARY : Requires a city or county to grant an additional
density bonus, concession, or incentive to a developer of
housing, otherwise entitled to a density bonus or other
incentive
if that developer includes a child care facility as part of the
housing development, unless the city or county makes a finding
that the existing area has adequate child care facilities.
EXISTING LAW :
1)Requires a city or county to grant a density bonus and at
least one other specified incentive, or other housing
incentives of equivalent value, to a developer who agrees to
construct an affordable housing development of five or more
units unless the local government makes a finding that the
bonus and incentives are not needed to achieve affordability.
2)Provides that to qualify for the benefits of this provision, a
proposed housing development must contain at least 20% of the
units affordable to low income households, 10% of the units
affordable to very low income households, or 50% of the units
reserved for seniors.
3)Requires that the density bonus must be at least 25% over the
existing maximum density
for the site, unless a lesser amount is elected by the
developer.
4)Provides that local government incentives may include:
a) Reduction in site development standards;
b) Modification of zoning code requirements (including a
reduction in setbacks, square footage requirements, or
parking spaces, or architectural design requirements that
exceed the minimum building standards);
AB 305
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c) Approval of mixed use zoning in conjunction with the
housing project if commercial, office, industrial, or other
land uses will reduce the cost of the housing development,
and if such nonresidential uses are compatible with the
project;
d) Other regulatory incentives or concessions proposed by
the developer or the city or county that result in
identifiable cost reductions.
FISCAL EFFECT : None
COMMENTS :
1)California's current housing shortage is well documented. To
keep up with demand, the state needs to build over 100,000
more housing units per year than it currently produces. Lack
of available affordable housing poses a danger to the state's
economy. Employers will find it increasingly difficult to
attract and retain a qualified workforce if workers are unable
to find affordable housing near their jobs.
2)According to the 2001 California Child Care Portfolio, 55% of
California's children up to the age of 13 live with either two
working parents or a working single head of household. Only
one slot at a licensed child care facility or family child
care home exists for every 4.6 of these children. Only 5% of
these slots are for infants. Even if a slot is available, the
cost of the child care is steep and, in some cases,
prohibitive. In every county in California, the cost of
putting an infant or preschooler in full-time care exceeds the
fair market rent of a
two-bedroom apartment. The author argues that builders need an
incentive to build child care in most urban areas, because of
the high cost of land.
3)To help address the affordable housing shortage, the
Legislature enacted the density bonus law to encourage
development of more housing units. This bill seeks to allow
local governments to offer additional density bonuses and
other incentives to builders of affordable housing who also
include child care facilities within the development.
4)This bill has been double-referred to both the Committees on
Housing and Community Development, where it was heard and
AB 305
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passed with a 6-3 vote on April 9, 2003, and to Local
Government.
REGISTERED SUPPORT / OPPOSITION :
Support
CA Federation of Teachers
Opposition
None on file
Analysis Prepared by : J. Stacey Sullivan / L. GOV. / (916)
319-3958