BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 305|
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THIRD READING
Bill No: AB 305
Author: Mullin (D)
Amended: 7/5/03 in Senate
Vote: 21
SENATE HOUSING & COMM. DEV. COMMITTEE : 6-2, 6/16/03
AYES: Ducheny, Alarcon, Cedillo, Dunn, Florez, Torlakson
NOES: Hollingsworth, Ackerman
SENATE LOCAL GOVERNMENT COMMITTEE : 4-3, 7/9/03
AYES: Torlakson, Machado, Perata, Soto
NOES: Ackerman, Hollingsworth, Margett
ASSEMBLY FLOOR : 49-28, 5/1/03 - See last page for vote
SUBJECT : Density bonuses: child care facilities
SOURCE : Author
DIGEST : This bill requires a city or county to grant
additional density bonuses, concessions or incentives if a
child care facility is included as part of the housing
development.
ANALYSIS : The Planning and Zoning Law requires every
city and county to adopt a general plan, with specified
contents. Local officials' land use decisions, zoning,
subdivisions, use permits, public works, must be consistent
with their general plans.
Local officials use a practice called incentive zoning to
CONTINUED
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entice private investors to meet public goals by rewarding
them with more developable space. If an office project
includes an attractive street-level plaza, a city might
allow the developer to build a taller building with more
leasable office space. Everyone profits.
The Legislature created the housing density bonus as an
exception to the usual consistency requirement (AB 1151,
Roos, 1979). When a developer agrees to build more
affordable housing, local officials must grant the
developer more units than the maximum density allowed by
the general plan and zoning, and at least one other
concession or incentive. Alternatively, local officials
can provide incentives or concessions of equal financial
value.
If the project sets aside:
1. 20 percent of the units for lower income households, the
density bonus is 25 percent more units and at least one
other concession.
2. 10 percent of the units for very low income households,
the density bonus is 25 percent more units and at least
one other concession.
3. 50 percent of the units for senior citizens, the density
bonus is 25 percent more units and at least one other
concession.
4. 20 percent of the units in a condominium project for
moderate income families, the density bonus is 10
percent more units and at least one other concession.
The housing density bonus statute allows concessions that:
1. Reduce development, zoning, or design standards.
2. Allow mixed use zoning that reduces housing costs.
3. Provide other incentives or concession that reduce
costs.
More working parents, longer commutes, and rising housing
costs have boosted the demand for child care facilities.
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Advocates say that integrating child care facilities into
mixed-use developments can help. They want to apply the
approach of the housing density bonus to reward builders
who provide child care facilities.
This bill provides that if a housing development qualifies
for a density bonus and includes a child care facility, a
city or county is required to grant either:
1. An additional density bonus that is in an amount of
square feet of residential space that is equal to or
greater than the amount of square feet in the child care
facility, or
2. An additional concession or incentive that significantly
contributes to the child care facility's economic
feasibility.
This bill allows local officials to require, as a condition
of approving the housing development, that the following
occur:
1. The child care facility shall remain in operation for a
period of time that is as long as or longer than the
period of time during which the density bonus units are
required to remain affordable.
2. Of the children who attend the child care facility, the
children of very low income households, lower income
households, or families of moderate income shall equal a
percentage that is equal to or greater than the
percentage of dwelling units that are required for very
low income households, lower income households, or
families of moderate income.
If the city or county finds that the community has adequate
child care facilities, this bill allows local officials to
avoid this additional density bonus.
The bill defines "child care facility" to exclude a family
day care home but include infant centers, preschools,
extended day care centers, and school age child care
centers.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/15/03)
California Child Care Resource and Referral Network
California Federation of Teachers, California Teachers
Association.
ASSEMBLY FLOOR :
AYES: Berg, Bermudez, Calderon, Canciamilla, Chan, Chavez,
Chu, Cohn, Corbett, Correa, Diaz, Dutra, Dutton, Dymally,
Firebaugh, Frommer, Goldberg, Hancock, Haynes, Jerome
Horton, Jackson, Kehoe, Koretz, Laird, Leno, Lieber, Liu,
Longville, Lowenthal, Matthews, Montanez, Mullin, Nakano,
Nation, Negrete McLeod, Nunez, Oropeza, Parra, Pavley,
Reyes, Ridley-Thomas, Salinas, Simitian, Steinberg,
Vargas, Wiggins, Wolk, Yee, Wesson
NOES: Aghazarian, Bates, Benoit, Bogh, Campbell, Cox,
Daucher, Garcia, Harman, Shirley Horton, Houston, Keene,
La Malfa, La Suer, Leslie, Maldonado, Maze, McCarthy,
Mountjoy, Nakanishi, Pacheco, Plescia, Richman, Runner,
Samuelian, Spitzer, Strickland, Wyland
NC:nl 7/16/03 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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