AB 3116

Bill Subjects

Abstract

Existing law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development, as defined, within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, 20% of the total units, as defined, for lower income students in a student housing development that meets certain requirements. Existing law requires that all units in the student housing development be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher learning, as specified. To be eligible under this provision, existing law requires a developer, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education, as specified. Existing law also requires the development to provide priority for the applicable affordable units for lower income students experiencing homelessness, as specified. Existing law requires units described in these provisions to be subject to a recorded affordability restriction of 55 years. This bill would define "student housing development" to mean a development that contains bedrooms containing 2 or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen. The bill would authorize units in the student housing development to be used for undergraduate, graduate, or professional students enrolled currently or in the past 6 months in at least 6 units at an institution of higher learning, as specified. The bill would additionally authorize eligibility under this provision if the developer, as a condition of receiving a certificate of occupancy, established a system for confirming its renters' status as students to ensure all units of the student housing development are occupied with students from an institution of higher education, as specified. The bill would prohibit the above-described affordability restriction from tying a rental bed reserved for lower income students to a specific bedroom, as specified. Existing law requires that an applicant under the Density Bonus Law receive a specified number of incentives or concessions if the project includes specified minimum percentages of the total units for lower income households, very low income households, or persons or families of moderate income, as provided. Existing law requires one incentive for projects that include at least 20% of the total units for lower income students in a student housing development. This bill would require that an applicant, if the project includes at least 23% of total student housing units for lower income students, to instead receive 2 incentives or concessions. For purposes of the Density Bonus Law, existing law defines "density bonus" to mean a density increase over the otherwise maximum allowable gross residential density, as defined, and sets forth the method for calculating the amount of density bonus for each type of housing development. In the case of a development that includes 20% of the total units for lower income students in a student housing development, existing law requires the density bonus to be 35% of the student housing units. This bill would revise the method for calculating the percentage density bonus for a student housing development that includes 20% of the total units for lower income students to instead provide a density bonus that varies based on the percentage of low-income units in that development, as specified. Except as provided, existing law prohibits, upon the request of the developer, a city, county, or city and county from requiring a vehicular parking ratio, as specified, of a development meeting the criteria of its provisions that exceeds specified ratios, including zero to one bedroom to one onsite parking space. This bill would add to those specified ratios one bedspace in a student housing development to zero parking spaces. By expanding the duties for a city, county, or a city and a county to administer the Density Bonus Law with respect to qualifying student housing developments, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 2694 to be operative only if this bill and AB 2694 are enacted and this bill is enacted last. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.