AB 2605

Bill Subjects

Abstract

Existing law, known as the Density Bonus Law, requires a city, county, or city and county to provide a developer that proposes a housing development within the jurisdictional boundaries of that city, county, or city and 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. Under existing law, a city, county, or city and county is required to provide a density bonus to a developer that agrees to construct a housing development in which 100% of the units, exclusive of managers' units, are for lower income households, as provided. Existing law generally requires that a housing development meeting these criteria receive a density bonus of 80% of the number of units for lower income housing, but exempts a development from any maximum controls on density if it is located within 12 mile of a major transit stop, as defined. Existing law requires that a housing development meeting these criteria also receive 4 incentives or concessions under the Density Bonus Law and prohibits a development that receives a waiver from maximum controls on density from receiving a waiver or reduction of development standards other than as expressly provided in specified provisions of the Density Bonus Law. This bill would, instead, require that a housing development meeting these criteria receive at least 4 incentives or concessions, thereby authorizing additional incentives or concessions for these developments. The bill would also authorize a housing development that receives a waiver from any maximum controls on density to receive additional waivers or reductions of development standards agreed to by the city, county, or city and county. 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 includes specified percentages of low-income or very low income units and is located within 12 mile of a major transit stop, as defined, and there is unobstructed access to that major transit stop from the development, existing law limits that vehicular parking ratio to 0.5 spaces per bedroom. For purposes of determining the maximum vehicular parking ratio under these provisions, existing law specifies that a development has unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments. This bill would specify that "natural or constructed impediments" for these purposes includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, and rail used for transit. The bill would also require that the distance of a development eligible for a maximum 0.5 spaces per bedroom vehicular parking ratio under these provisions be measured from any point located on the property of the proposed development to any point on the property on which the major transit stop is located. By adding to the duties of local planning officials in providing incentives and concessions under the Density Bonus Law, 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.