Richard Bloom
- Democratic
Author
Existing law, 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 income, low-income, or moderate-income households or qualifying residents. Existing law authorizes the waiver or reduction of development standards that would preclude this development. Existing law requires continued affordability for 55 years or longer, as specified, of all very low income and low-income units that qualified an applicant for a density bonus. Existing law requires a city, county, or city and county to adopt an ordinance to implement these requirements and to establish procedures to carry them out. This bill would revise and recast these provisions to require the local government to adopt procedures and timelines for processing a density bonus application, provide a list of documents and information required to be submitted with the application in order for it to be deemed complete, and notify the applicant whether it is complete. By increasing the duties of local officials, this bill would impose a state-mandated local program. The bill would prohibit a local government from requiring additional reports or studies to be prepared as a condition of an application. The bill would additionally require each component of any density calculation that results in fractional units to be rounded up to the next whole number, and would provide that this provision is declaratory of existing law. Existing law defines the term "density bonus" for these purposes to mean a density increase over the otherwise maximum allowable residential density as of the date of the application and provides that the applicant may elect to accept a lesser percentage of density bonus. This bill would specify that the term "density bonus" means a density increase over the maximum allowable gross residential density at the time of the date of the application, or, if elected by the applicant, a lesser percentage of density increase or no increase in density. Existing law requires a local government to grant a proposal for specific incentives or concessions requested by an applicant unless the local government makes written findings, based on substantial evidence, that, among other things, the concession or incentive is not required in order to provide affordable housing costs or for rents for the targeted units, as specified. This bill would, instead, provide that the local government is required to provide the requested concessions or incentives unless it finds, based on substantial evidence, that the concession or incentive does not result in identifiable and actual cost reductions, to provide for affordable housing costs or rents for the targeted units, as specified. Existing law defines the term "housing development" for these purposes to mean a development project for 5 or more residential units. This bill would expand that definition to include mixed-use housing. 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. This bill would incorporate additional changes to Section 65915 of the Government Code, proposed by AB 2442 and AB 2556, that would become operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
Chaptered by Secretary of State - Chapter 758, Statutes of 2016.
Approved by the Governor.
Enrolled and presented to the Governor at 11:30 a.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 4. Page 6540.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 3. Page 5417.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 28).
In committee: Set, first hearing. Testimony taken. Further hearing to be set.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 11. Page 4952.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 14. Noes 2.) (May 11).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 20). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 5. Noes 1.) (April 13). Re-referred to Com. on L. GOV.
(pending re-refer to Com. on L. GOV.)
Assembly Rule 56 suspended. (Page 4218.)
From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
Referred to Coms. on H. & C.D. and L. GOV.
Read first time.
From printer. May be heard in committee March 22.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB2501 | HTML |
| 02/19/16 - Introduced | |
| 04/05/16 - Amended Assembly | |
| 04/14/16 - Amended Assembly | |
| 06/15/16 - Amended Senate | |
| 08/01/16 - Amended Senate | |
| 08/19/16 - Amended Senate | |
| 09/02/16 - Enrolled | |
| 09/28/16 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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