BILL NUMBER: AB 1934 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 14, 2016
AMENDED IN ASSEMBLY JUNE 1, 2016
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: development
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, when an applicant for approval for commercial
development agrees to partner with an affordable housing developer to
construct a joint project or 2 separate projects encompassing
affordable housing, would require a city, county, or city and county
to grant to the commercial developer a development bonus, as
specified. The bill would define the development bonus to mean
incentives mutually agreed upon by the developer and the jurisdiction
including, but that may include but are
not limited to, specified variances. By increasing the duties
of local officials relating to the administration of development
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 joint project or two separate projects encompassing
affordable housing, 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 subparagraph (C)
of paragraph (2) of subdivision (d) of Section 65915, grant to the
commercial developer a development bonus as prescribed in subdivision
(b). Offsite housing constructed according to this subdivision shall
be all of the following:
(1) Within the boundaries of the local government.
(2) In close proximity to public amenities including schools and
employment centers.
(3) In close proximity to both pedestrian amenities and transit
corridors.
(3) Located within one-half mile of a major transit stop, as
defined in subdivision (b) of Section 21155 of the Public Resources
Code.
(b) The development bonus granted to the commercial developer
shall mean incentives, mutually agreed upon by the developer and the
jurisdiction, that may include, but are not limited to, any of the
following:
(1) Up to a 20-percent variance in maximum allowable intensity in
the General Plan, zoning ordinance, or other regulation.
(2) Up to a 20-percent variance in maximum allowable floor area
ratio.
(3) Up to a 20-percent variance in maximum height requirements.
(4) Up to a 20-percent variance in minimum parking requirements.
(5) A specific use of a limited-use/limited-application elevator
for upper floor accessibility.
(c) For the purposes of this section, the agreement for partnered
housing and commercial developments shall be approved by the
affordable housing developer, the commercial developer, and the local
government.
(d) For the purposes of this section, affordable housing may be
contributed by the commercial developer in one of the following
manners:
(1) The commercial developer may directly build the units.
(2) The commercial developer may dedicate a portion of the site or
property elsewhere to the affordable housing developer for use as a
site for affordable housing.
(3) The commercial developer may make an in-lieu payment to the
affordable housing developer that shall be used towards the costs of
affordable housing construction on a pending project.
(e) For the purposes of this section, subparagraph (A) of
paragraph (3) of subdivision (c) of Section 65915 shall apply.
(f) Nothing in this section shall preclude any additional
allowances or incentives offered to developers by local governments
pursuant to law or regulation.
(g) (1) If the developer of the affordable units does not commence
with construction of those units in accordance with timelines
ascribed by the agreement described in subdivision (c), the local
government may withhold certificates of occupancy for any market rate
units under construction until the developer has completed
construction of the affordable units.
(2) For the purposes of this subdivision, "commence with
construction" shall mean either of the following:
(A) Commence or complete the construction of affordable units.
(B) Issuance of building permits for the construction of the
affordable units.
(h) For purposes of this section, "partner" shall mean formation
of a partnership, limited liability company, corporation, or other
entity recognized by the state in which the commercial development
applicant and the affordable housing developer are each partners,
members, shareholders or other participants, or a contract or
agreement between a commercial development applicant and affordable
housing developer for the development of both the commercial and the
affordable housing properties.
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.