David Chiu
- Democratic
Author
Existing law, known as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the jurisdictional boundaries of that city or county 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 agrees to construct a specified percentage of units for very low income, low-income, or moderate-income households or qualifying residents and meets other requirements. Existing law provides for the calculation of the amount of density bonus for each type of housing development that qualifies under these provisions. This bill would additionally require a density bonus to be provided to a developer who agrees to construct a housing development in which 100% of the total units, exclusive of managers' units, are for lower income households, as defined. However, the bill would provide that a housing development that qualifies for a density bonus under its provisions may include up to 20% of the total units for moderate-income households, as defined. The bill would also require that a housing development that meets these criteria receive 4 incentives or concessions under the Density Bonus Law and, if the development is located within ½ of a major transit stop, a height increase of up to 3 additional stories or 33 feet. The bill would generally require that the housing development receive a density bonus of 80%, but would exempt the housing development from any maximum controls on density if it is located within ½ mile of a major transit stop. The bill would prohibit a housing development that receives a waiver from any maximum controls on density under these provisions from receiving a waiver or reduction of development standards pursuant to existing law, other than as expressly provided in the bill. The bill would also make various nonsubstantive changes to the Density Bonus Law. Existing law requires that an applicant for a density bonus agree to, and that the city and county ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for a density bonus for at least 55 years, as provided. Existing law requires that the rent for lower income density bonus units be set at an affordable rent, as defined in specified law. This bill, for units, including both base density and density bonus units, in a housing development that qualifies for a density bonus under its provisions as described above, would instead require that the rent for at least 20% of the units in that development be set at an affordable rent, defined as described above, and that the rent for the remaining units be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee. Existing law, upon the request of the developer, prohibits a city, county, or city and county from requiring a vehicular parking ratio for a development meeting the eligibility requirements under the Density Bonus Law that exceeds specified ratios. For a development that consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, as provided in specified law, and that is a special needs housing development, as defined, existing law limits that vehicular parking ratio to 0.3 spaces per unit. This bill would instead, upon the request of the developer, prohibit a city, county, or city and county from imposing any minimum vehicular parking requirement for a development that consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families and is either a special needs housing development or a supportive housing development, as those terms are defined. By adding to the duties of local planning officials with respect to the award of density bonuses, this bill would impose 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.
Chaptered by Secretary of State - Chapter 666, Statutes of 2019.
Approved by the Governor.
Enrolled and presented to the Governor at 3:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 12. Page 3029.).
Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 11. Page 2447.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading 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 5. Noes 0.) (July 10).
In committee: Hearing postponed by committee.
Read second time and amended. Re-referred to Com. on GOV. & F.
From committee: Amend, and do pass as amended and re-refer to Com. on GOV. & F. (Ayes 8. Noes 1.) (June 18).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1633.)
Ordered to third reading.
From Consent Calendar.
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (May 1).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 24). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 8. Noes 0.) (April 10). Re-referred to Com. on L. GOV.
Referred to Coms. on H. & C.D. and L. GOV.
From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
Read first time.
From printer. May be heard in committee March 25.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1763 | HTML |
| 02/22/19 - Introduced | |
| 03/28/19 - Amended Assembly | |
| 06/11/19 - Amended Senate | |
| 06/20/19 - Amended Senate | |
| 08/13/19 - Amended Senate | |
| 09/09/19 - Enrolled | |
| 10/09/19 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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