BILL NUMBER: AB 1934	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2016
	AMENDED IN ASSEMBLY  APRIL 4, 2016

INTRODUCED BY   Assembly Member Santiago

                        FEBRUARY 12, 2016

   An act to add Section 65915.7 to the Government Code, relating to
housing.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1934, as amended, Santiago. Planning and zoning: density
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 would, when an applicant for approval for commercial
development agrees to partner with an affordable housing developer to
construct a mixed-used project for which the housing will be
 either  located onsite at the proposed commercial
 development or located within a one-mile radius of the
proposed commercial  development, require a city, county, or
city and county to grant to the commercial developer a density
bonus, as specified. By increasing the duties of local officials
relating to the administration of density 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:

  SECTION 1.  The Legislature finds and declares that the development
of affordable housing is a matter of statewide concern and is not a
municipal affair as that term is used in Section 5 of Article XI of
the California Constitution. Therefore, Section 65915.7 of the
Government Code, as proposed to be added by this act, shall apply to
all cities, including charter cities.
  SEC. 2.  Section 65915.7 is added to the Government Code, to read:
   65915.7.  (a) When an applicant for approval for commercial
development agrees to partner with an affordable housing developer to
construct a mixed-used project for which the housing will be
 either  located onsite at the proposed commercial
 development or located within a one-mile radius of the
proposed commercial  development, the city, county, or city
and county shall, in addition to any density bonus and incentives or
concessions granted to the affordable housing developer as prescribed
in Section 65915, grant to the commercial developer a density bonus
as prescribed in subdivision (b).
   (b) The density bonus granted to the commercial developer shall
mean  a density increase of up to 20 percent variance
  exceptions resulting in significant cost reductions
over the maximum allowable intensity in the general plan, zoning
ordinance, or other regulation  of the city, county, or city and
 county's zoning ordinance or regulation,  
county,  including, but not limited to, floor area 
ratios or commercial linkage fees.   ratios, and may
include modification to development standards such as height and
parking requirements. 
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.