BILL NUMBER: AB 2501 CHAPTERED
BILL TEXT
CHAPTER 758
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2016
APPROVED BY GOVERNOR SEPTEMBER 28, 2016
PASSED THE SENATE AUGUST 25, 2016
PASSED THE ASSEMBLY AUGUST 31, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN SENATE JUNE 15, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
AMENDED IN ASSEMBLY APRIL 5, 2016
INTRODUCED BY Assembly Members Bloom and Low
(Coauthor: Assembly Member Daly)
FEBRUARY 19, 2016
An act to amend Section 65915 of the Government Code, relating to
housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2501, Bloom. Housing: density bonuses.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65915 of the Government Code is amended to
read:
65915. (a) (1) When an applicant seeks a density bonus for a
housing development within, or for the donation of land for housing
within, the jurisdiction of a city, county, or city and county, that
local government shall comply with this section. A city, county, or
city and county shall adopt an ordinance that specifies how
compliance with this section will be implemented. Failure to adopt an
ordinance shall not relieve a city, county, or city and county from
complying with this section.
(2) A local government shall not condition the submission, review,
or approval of an application pursuant to this chapter on the
preparation of an additional report or study that is not otherwise
required by state law, including this section. This subdivision does
not prohibit a local government from requiring an applicant to
provide reasonable documentation to establish eligibility for a
requested density bonus, incentives or concessions, as described in
subdivision (d), waivers or reductions of development standards, as
described in subdivision (e), and parking ratios, as described in
subdivision (p).
(3) In order to provide for the expeditious processing of a
density bonus application, the local government shall do all of the
following:
(A) Adopt procedures and timelines for processing a density bonus
application.
(B) Provide a list of all documents and information required to be
submitted with the density bonus application in order for the
density bonus application to be deemed complete. This list shall be
consistent with this chapter.
(C) Notify the applicant for a density bonus whether the
application is complete in a manner consistent with Section 65943.
(b) (1) A city, county, or city and county shall grant one density
bonus, the amount of which shall be as specified in subdivision (f),
and, if requested by the applicant and consistent with the
applicable requirements of this section, incentives or concessions,
as described in subdivision (d), waivers or reductions of development
standards, as described in subdivision (e), and parking ratios, as
described in subdivision (p), when an applicant for a housing
development seeks and agrees to construct a housing development,
excluding any units permitted by the density bonus awarded pursuant
to this section, that will contain at least any one of the following:
(A) Ten percent of the total units of a housing development for
lower income households, as defined in Section 50079.5 of the Health
and Safety Code.
(B) Five percent of the total units of a housing development for
very low income households, as defined in Section 50105 of the Health
and Safety Code.
(C) A senior citizen housing development, as defined in Sections
51.3 and 51.12 of the Civil Code, or a mobilehome park that limits
residency based on age requirements for housing for older persons
pursuant to Section 798.76 or 799.5 of the Civil Code.
(D) Ten percent of the total dwelling units in a common interest
development, as defined in Section 4100 of the Civil Code, for
persons and families of moderate income, as defined in Section 50093
of the Health and Safety Code, provided that all units in the
development are offered to the public for purchase.
(2) For purposes of calculating the amount of the density bonus
pursuant to subdivision (f), an applicant who requests a density
bonus pursuant to this subdivision shall elect whether the bonus
shall be awarded on the basis of subparagraph (A), (B), (C), or (D)
of paragraph (1).
(3) For the purposes of this section, "total units" or "total
dwelling units" does not include units added by a density bonus
awarded pursuant to this section or any local law granting a greater
density bonus.
(c) (1) An applicant shall agree to, and the city, county, or city
and county shall ensure, the continued affordability of all very low
and low-income rental units that qualified the applicant for the
award of the density bonus for 55 years or a longer period of time if
required by the construction or mortgage financing assistance
program, mortgage insurance program, or rental subsidy program. Rents
for the lower income density bonus units shall be set at an
affordable rent as defined in Section 50053 of the Health and Safety
Code.
(2) An applicant shall agree to, and the city, county, or city and
county shall ensure that, the initial occupant of all for-sale units
that qualified the applicant for the award of the density bonus are
persons and families of very low, low, or moderate income, as
required, and that the units are offered at an affordable housing
cost, as that cost is defined in Section 50052.5 of the Health and
Safety Code. The local government shall enforce an equity sharing
agreement, unless it is in conflict with the requirements of another
public funding source or law. The following apply to the equity
sharing agreement:
(A) Upon resale, the seller of the unit shall retain the value of
any improvements, the downpayment, and the seller's proportionate
share of appreciation. The local government shall recapture any
initial subsidy, as defined in subparagraph (B), and its
proportionate share of appreciation, as defined in subparagraph (C),
which amount shall be used within five years for any of the purposes
described in subdivision (e) of Section 33334.2 of the Health and
Safety Code that promote home ownership.
(B) For purposes of this subdivision, the local government's
initial subsidy shall be equal to the fair market value of the home
at the time of initial sale minus the initial sale price to the
moderate-income household, plus the amount of any downpayment
assistance or mortgage assistance. If upon resale the market value is
lower than the initial market value, then the value at the time of
the resale shall be used as the initial market value.
(C) For purposes of this subdivision, the local government's
proportionate share of appreciation shall be equal to the ratio of
the local government's initial subsidy to the fair market value of
the home at the time of initial sale.
(3) (A) An applicant shall be ineligible for a density bonus or
any other incentives or concessions under this section if the housing
development is proposed on any property that includes a parcel or
parcels on which rental dwelling units are or, if the dwelling units
have been vacated or demolished in the five-year period preceding the
application, have been subject to a recorded covenant, ordinance, or
law that restricts rents to levels affordable to persons and
families of lower or very low income; subject to any other form of
rent or price control through a public entity's valid exercise of its
police power; or occupied by lower or very low income households,
unless the proposed housing development replaces those units, and
either of the following applies:
(i) The proposed housing development, inclusive of the units
replaced pursuant to this paragraph, contains affordable units at the
percentages set forth in subdivision (b).
(ii) Each unit in the development, exclusive of a manager's unit
or units, is affordable to, and occupied by, either a lower or very
low income household.
(B) For the purposes of this paragraph, "replace" shall mean
either of the following:
(i) If any dwelling units described in subparagraph (A) are
occupied on the date of application, the proposed housing development
shall provide at least the same number of units of equivalent size
or type, or both, to be made available at affordable rent or
affordable housing cost to, and occupied by, persons and families in
the same or lower income category as those households in occupancy.
For unoccupied dwelling units described in subparagraph (A) in a
development with occupied units, the proposed housing development
shall provide units of equivalent size or type, or both, to be made
available at affordable rent or affordable housing cost to, and
occupied by, persons and families in the same or lower income
category in the same proportion of affordability as the occupied
units. All replacement calculations resulting in fractional units
shall be rounded up to the next whole number. If the replacement
units will be rental dwelling units, these units shall be subject to
a recorded affordability restriction for at least 55 years. If the
proposed development is for-sale units, the units replaced shall be
subject to paragraph (2).
(ii) If all dwelling units described in subparagraph (A) have been
vacated or demolished within the five-year period preceding the
application, the proposed housing development shall provide at least
the same number of units of equivalent size or type, or both, as
existed at the highpoint of those units in the five-year period
preceding the application to be made available at affordable rent or
affordable housing cost to, and occupied by, persons and families in
the same or lower income category as those persons and families in
occupancy at that time, if known. If the incomes of the persons and
families in occupancy at the highpoint is not known, then one-half of
the required units shall be made available at affordable rent or
affordable housing cost to, and occupied by, very low income persons
and families and one-half of the required units shall be made
available for rent at affordable housing costs to, and occupied by,
low-income persons and families. All replacement calculations
resulting in fractional units shall be rounded up to the next whole
number. If the replacement units will be rental dwelling units, these
units shall be subject to a recorded affordability restriction for
at least 55 years. If the proposed development is for-sale units, the
units replaced shall be subject to paragraph (2).
(C) Paragraph (3) of subdivision (c) does not apply to an
applicant seeking a density bonus for a proposed housing development
if his or her application was submitted to, or processed by, a city,
county, or city and county before January 1, 2015.
(d) (1) An applicant for a density bonus pursuant to subdivision
(b) may submit to a city, county, or city and county a proposal for
the specific incentives or concessions that the applicant requests
pursuant to this section, and may request a meeting with the city,
county, or city and county. The city, county, or city and county
shall grant the concession or incentive requested by the applicant
unless the city, county, or city and county makes a written finding,
based upon substantial evidence, of any of the following:
(A) The concession or incentive does not result in identifiable
and actual cost reductions, consistent with subdivision (k), to
provide for affordable housing costs, as defined in Section 50052.5
of the Health and Safety Code, or for rents for the targeted units to
be set as specified in subdivision (c).
(B) The concession or incentive would have a specific adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment or
on any real property that is listed in the California Register of
Historical Resources and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low-income and
moderate-income households.
(C) The concession or incentive would be contrary to state or
federal law.
(2) The applicant shall receive the following number of incentives
or concessions:
(A) One incentive or concession for projects that include at least
10 percent of the total units for lower income households, at least
5 percent for very low income households, or at least 10 percent for
persons and families of moderate income in a common interest
development.
(B) Two incentives or concessions for projects that include at
least 20 percent of the total units for lower income households, at
least 10 percent for very low income households, or at least 20
percent for persons and families of moderate income in a common
interest development.
(C) Three incentives or concessions for projects that include at
least 30 percent of the total units for lower income households, at
least 15 percent for very low income households, or at least 30
percent for persons and families of moderate income in a common
interest development.
(3) The applicant may initiate judicial proceedings if the city,
county, or city and county refuses to grant a requested density
bonus, incentive, or concession. If a court finds that the refusal to
grant a requested density bonus, incentive, or concession is in
violation of this section, the court shall award the plaintiff
reasonable attorney's fees and costs of suit. Nothing in this
subdivision shall be interpreted to require a local government to
grant an incentive or concession that has a specific, adverse impact,
as defined in paragraph (2) of subdivision (d) of Section 65589.5,
upon health, safety, or the physical environment, and for which there
is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact. Nothing in this subdivision shall be
interpreted to require a local government to grant an incentive or
concession that would have an adverse impact on any real property
that is listed in the California Register of Historical Resources.
The city, county, or city and county shall establish procedures for
carrying out this section, that shall include legislative body
approval of the means of compliance with this section.
(4) The city, county, or city and county shall bear the burden of
proof for the denial of a requested concession or incentive.
(e) (1) In no case may a city, county, or city and county apply
any development standard that will have the effect of physically
precluding the construction of a development meeting the criteria of
subdivision (b) at the densities or with the concessions or
incentives permitted by this section. An applicant may submit to a
city, county, or city and county a proposal for the waiver or
reduction of development standards that will have the effect of
physically precluding the construction of a development meeting the
criteria of subdivision (b) at the densities or with the concessions
or incentives permitted under this section, and may request a meeting
with the city, county, or city and county. If a court finds that the
refusal to grant a waiver or reduction of development standards is
in violation of this section, the court shall award the plaintiff
reasonable attorney's fees and costs of suit. Nothing in this
subdivision shall be interpreted to require a local government to
waive or reduce development standards if the waiver or reduction
would have a specific, adverse impact, as defined in paragraph (2) of
subdivision (d) of Section 65589.5, upon health, safety, or the
physical environment, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. Nothing
in this subdivision shall be interpreted to require a local
government to waive or reduce development standards that would have
an adverse impact on any real property that is listed in the
California Register of Historical Resources, or to grant any waiver
or reduction that would be contrary to state or federal law.
(2) A proposal for the waiver or reduction of development
standards pursuant to this subdivision shall neither reduce nor
increase the number of incentives or concessions to which the
applicant is entitled pursuant to subdivision (d).
(f) For the purposes of this chapter, "density bonus" means a
density increase over the otherwise maximum allowable gross
residential density as of the date of application by the applicant to
the city, county, or city and county, or, if elected by the
applicant, a lesser percentage of density increase, including, but
not limited to, no increase in density. The amount of density
increase to which the applicant is entitled shall vary according to
the amount by which the percentage of affordable housing units
exceeds the percentage established in subdivision (b).
(1) For housing developments meeting the criteria of subparagraph
(A) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Low-Income Units Percentage
Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35
(2) For housing developments meeting the criteria of subparagraph
(B) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Very Low Percentage Density Bonus
Income Units
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
(3) For housing developments meeting the criteria of subparagraph
(C) of paragraph (1) of subdivision (b), the density bonus shall be
20 percent of the number of senior housing units.
(4) For housing developments meeting the criteria of subparagraph
(D) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Moderate- Percentage Density Bonus
Income Units
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
(5) All density calculations resulting in fractional units shall
be rounded up to the next whole number. The granting of a density
bonus shall not require, or be interpreted, in and of itself, to
require a general plan amendment, local coastal plan amendment,
zoning change, or other discretionary approval.
(g) (1) When an applicant for a tentative subdivision map, parcel
map, or other residential development approval donates land to a
city, county, or city and county in accordance with this subdivision,
the applicant shall be entitled to a 15-percent increase above the
otherwise maximum allowable residential density for the entire
development, as follows:
Percentage Very Low Percentage Density Bonus
Income
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
(2) This increase shall be in addition to any increase in density
mandated by subdivision (b), up to a maximum combined mandated
density increase of 35 percent if an applicant seeks an increase
pursuant to both this subdivision and subdivision (b). All density
calculations resulting in fractional units shall be rounded up to the
next whole number. Nothing in this subdivision shall be construed to
enlarge or diminish the authority of a city, county, or city and
county to require a developer to donate land as a condition of
development. An applicant shall be eligible for the increased density
bonus described in this subdivision if all of the following
conditions are met:
(A) The applicant donates and transfers the land no later than the
date of approval of the final subdivision map, parcel map, or
residential development application.
(B) The developable acreage and zoning classification of the land
being transferred are sufficient to permit construction of units
affordable to very low income households in an amount not less than
10 percent of the number of residential units of the proposed
development.
(C) The transferred land is at least one acre in size or of
sufficient size to permit development of at least 40 units, has the
appropriate general plan designation, is appropriately zoned with
appropriate development standards for development at the density
described in paragraph (3) of subdivision (c) of Section 65583.2, and
is or will be served by adequate public facilities and
infrastructure.
(D) The transferred land shall have all of the permits and
approvals, other than building permits, necessary for the development
of the very low income housing units on the transferred land, not
later than the date of approval of the final subdivision map, parcel
map, or residential development application, except that the local
government may subject the proposed development to subsequent design
review to the extent authorized by subdivision (i) of Section 65583.2
if the design is not reviewed by the local government prior to the
time of transfer.
(E) The transferred land and the affordable units shall be subject
to a deed restriction ensuring continued affordability of the units
consistent with paragraphs (1) and (2) of subdivision (c), which
shall be recorded on the property at the time of the transfer.
(F) The land is transferred to the local agency or to a housing
developer approved by the local agency. The local agency may require
the applicant to identify and transfer the land to the developer.
(G) The transferred land shall be within the boundary of the
proposed development or, if the local agency agrees, within
one-quarter mile of the boundary of the proposed development.
(H) A proposed source of funding for the very low income units
shall be identified not later than the date of approval of the final
subdivision map, parcel map, or residential development application.
(h) (1) When an applicant proposes to construct a housing
development that conforms to the requirements of subdivision (b) and
includes a child care facility that will be located on the premises
of, as part of, or adjacent to, the project, the city, county, or
city and county shall grant either of the following:
(A) An additional density bonus that is an amount of square feet
of residential space that is equal to or greater than the amount of
square feet in the child care facility.
(B) An additional concession or incentive that contributes
significantly to the economic feasibility of the construction of the
child care facility.
(2) The city, county, or city and county shall require, as a
condition of approving the housing development, that the following
occur:
(A) The child care facility shall remain in operation for a period
of time that is as long as or longer than the period of time during
which the density bonus units are required to remain affordable
pursuant to subdivision (c).
(B) Of the children who attend the child care facility, the
children of very low income households, lower income households, or
families of moderate income shall equal a percentage that is equal to
or greater than the percentage of dwelling units that are required
for very low income households, lower income households, or families
of moderate income pursuant to subdivision (b).
(3) Notwithstanding any requirement of this subdivision, a city,
county, or city and county shall not be required to provide a density
bonus or concession for a child care facility if it finds, based
upon substantial evidence, that the community has adequate child care
facilities.
(4) "Child care facility," as used in this section, means a child
day care facility other than a family day care home, including, but
not limited to, infant centers, preschools, extended day care
facilities, and schoolage child care centers.
(i) "Housing development," as used in this section, means a
development project for five or more residential units, including
mixed-use developments. For the purposes of this section, "housing
development" also includes a subdivision or common interest
development, as defined in Section 4100 of the Civil Code, approved
by a city, county, or city and county and consists of residential
units or unimproved residential lots and either a project to
substantially rehabilitate and convert an existing commercial
building to residential use or the substantial rehabilitation of an
existing multifamily dwelling, as defined in subdivision (d) of
Section 65863.4, where the result of the rehabilitation would be a
net increase in available residential units. For the purpose of
calculating a density bonus, the residential units shall be on
contiguous sites that are the subject of one development application,
but do not have to be based upon individual subdivision maps or
parcels. The density bonus shall be permitted in geographic areas of
the housing development other than the areas where the units for the
lower income households are located.
(j) (1) The granting of a concession or incentive shall not
require or be interpreted, in and of itself, to require a general
plan amendment, local coastal plan amendment, zoning change, study,
or other discretionary approval. For purposes of this subdivision,
"study" does not include
reasonable documentation to establish eligibility for the concession
or incentive or to demonstrate that the incentive or concession meets
the definition set forth in subdivision (k). This provision is
declaratory of existing law.
(2) Except as provided in subdivisions (d) and (e), the granting
of a density bonus shall not require or be interpreted to require the
waiver of a local ordinance or provisions of a local ordinance
unrelated to development standards.
(k) For the purposes of this chapter, concession or incentive
means any of the following:
(1) A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements that
exceed the minimum building standards approved by the California
Building Standards Commission as provided in Part 2.5 (commencing
with Section 18901) of Division 13 of the Health and Safety Code,
including, but not limited to, a reduction in setback and square
footage requirements and in the ratio of vehicular parking spaces
that would otherwise be required that results in identifiable and
actual cost reductions, to provide for affordable housing costs, as
defined in Section 50052.5 of the Health and Safety Code, or for
rents for the targeted units to be set as specified in subdivision
(c).
(2) Approval of mixed-use zoning in conjunction with the housing
project if commercial, office, industrial, or other land uses will
reduce the cost of the housing development and if the commercial,
office, industrial, or other land uses are compatible with the
housing project and the existing or planned development in the area
where the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the
developer or the city, county, or city and county that result in
identifiable and actual cost reductions to provide for affordable
housing costs, as defined in Section 50052.5 of the Health and Safety
Code, or for rents for the targeted units to be set as specified in
subdivision (c).
(l) Subdivision (k) does not limit or require the provision of
direct financial incentives for the housing development, including
the provision of publicly owned land, by the city, county, or city
and county, or the waiver of fees or dedication requirements.
(m) This section does not supersede or in any way alter or lessen
the effect or application of the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the Public Resources
Code).
(n) If permitted by local ordinance, nothing in this section shall
be construed to prohibit a city, county, or city and county from
granting a density bonus greater than what is described in this
section for a development that meets the requirements of this section
or from granting a proportionately lower density bonus than what is
required by this section for developments that do not meet the
requirements of this section.
(o) For purposes of this section, the following definitions shall
apply:
(1) "Development standard" includes a site or construction
condition, including, but not limited to, a height limitation, a
setback requirement, a floor area ratio, an onsite open-space
requirement, or a parking ratio that applies to a residential
development pursuant to any ordinance, general plan element, specific
plan, charter, or other local condition, law, policy, resolution, or
regulation.
(2) "Maximum allowable residential density" means the density
allowed under the zoning ordinance and land use element of the
general plan, or, if a range of density is permitted, means the
maximum allowable density for the specific zoning range and land use
element of the general plan applicable to the project. Where the
density allowed under the zoning ordinance is inconsistent with the
density allowed under the land use element of the general plan, the
general plan density shall prevail.
(p) (1) Except as provided in paragraphs (2) and (3), upon the
request of the developer, a city, county, or city and county shall
not require a vehicular parking ratio, inclusive of handicapped and
guest parking, of a development meeting the criteria of subdivisions
(b) and (c), that exceeds the following ratios:
(A) Zero to one bedroom: one onsite parking space.
(B) Two to three bedrooms: two onsite parking spaces.
(C) Four and more bedrooms: two and one-half parking spaces.
(2) Notwithstanding paragraph (1), if a development includes the
maximum percentage of low-income or very low income units provided
for in paragraphs (1) and (2) of subdivision (f) and is located
within one-half mile of a major transit stop, as defined in
subdivision (b) of Section 21155 of the Public Resources Code, and
there is unobstructed access to the major transit stop from the
development, then, upon the request of the developer, a city, county,
or city and county shall not impose a vehicular parking ratio,
inclusive of handicapped and guest parking, that exceeds 0.5 spaces
per bedroom. For purposes of this subdivision, a development shall
have unobstructed access to a major transit stop if a resident is
able to access the major transit stop without encountering natural or
constructed impediments.
(3) Notwithstanding paragraph (1), if a development 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
Section 50052.5 of the Health and Safety Code, then, upon the request
of the developer, a city, county, or city and county shall not
impose a vehicular parking ratio, inclusive of handicapped and guest
parking, that exceeds the following ratios:
(A) If the development is located within one-half mile of a major
transit stop, as defined in subdivision (b) of Section 21155 of the
Public Resources Code, and there is unobstructed access to the major
transit stop from the development, the ratio shall not exceed 0.5
spaces per unit.
(B) If the development is a for-rent housing development for
individuals who are 62 years of age or older that complies with
Sections 51.2 and 51.3 of the Civil Code, the ratio shall not exceed
0.5 spaces per unit. The development shall have either paratransit
service or unobstructed access, within one-half mile, to fixed bus
route service that operates at least eight times per day.
(C) If the development is a special needs housing development, as
defined in Section 51312 of the Health and Safety Code, the ratio
shall not exceed 0.3 spaces per unit. The development shall have
either paratransit service or unobstructed access, within one-half
mile, to fixed bus route service that operates at least eight times
per day.
(4) If the total number of parking spaces required for a
development is other than a whole number, the number shall be rounded
up to the next whole number. For purposes of this subdivision, a
development may provide on-site parking through tandem parking or
uncovered parking, but not through on-street parking.
(5) This subdivision shall apply to a development that meets the
requirements of subdivisions (b) and (c), but only at the request of
the applicant. An applicant may request parking incentives or
concessions beyond those provided in this subdivision pursuant to
subdivision (d).
(6) This subdivision does not preclude a city, county, or city and
county from reducing or eliminating a parking requirement for
development projects of any type in any location.
(7) Notwithstanding paragraphs (2) and (3), if a city, county,
city and county, or an independent consultant has conducted an
areawide or jurisdictionwide parking study in the last seven years,
then the city, county, or city and county may impose a higher
vehicular parking ratio not to exceed the ratio described in
paragraph (1), based upon substantial evidence found in the parking
study, that includes, but is not limited to, an analysis of parking
availability, differing levels of transit access, walkability access
to transit services, the potential for shared parking, the effect of
parking requirements on the cost of market-rate and subsidized
developments, and the lower rates of car ownership for low-income and
very low income individuals, including seniors and special needs
individuals. The city, county, or city and county shall pay the costs
of any new study. The city, county, or city and county shall make
findings, based on a parking study completed in conformity with this
paragraph, supporting the need for the higher parking ratio.
(8) A request pursuant to this subdivision shall neither reduce
nor increase the number of incentives or concessions to which the
applicant is entitled pursuant to subdivision (d).
(q) Each component of any density calculation, including base
density and bonus density, resulting in fractional units shall be
separately rounded up to the next whole number. The Legislature finds
and declares that this provision is declaratory of existing law.
(r) This chapter shall be interpreted liberally in favor of
producing the maximum number of total housing units.
SEC. 1.3. Section 65915 of the Government Code is amended to read:
65915. (a) (1) When an applicant seeks a density bonus for a
housing development within, or for the donation of land for housing
within, the jurisdiction of a city, county, or city and county, that
local government shall comply with this section. A city, county, or
city and county shall adopt an ordinance that specifies how
compliance with this section will be implemented. Failure to adopt an
ordinance shall not relieve a city, county, or city and county from
complying with this section.
(2) A local government shall not condition the submission, review,
or approval of an application pursuant to this chapter on the
preparation of an additional report or study that is not otherwise
required by state law, including this section. This subdivision does
not prohibit a local government from requiring an applicant to
provide reasonable documentation to establish eligibility for a
requested density bonus, incentives or concessions, as described in
subdivision (d), waivers or reductions of development standards, as
described in subdivision (e), and parking ratios, as described in
subdivision (p).
(3) In order to provide for the expeditious processing of a
density bonus application, the local government shall do all of the
following:
(A) Adopt procedures and timelines for processing a density bonus
application.
(B) Provide a list of all documents and information required to be
submitted with the density bonus application in order for the
density bonus application to be deemed complete. This list shall be
consistent with this chapter.
(C) Notify the applicant for a density bonus whether the
application is complete in a manner consistent with Section 65943.
(b) (1) A city, county, or city and county shall grant one density
bonus, the amount of which shall be as specified in subdivision (f),
and, if requested by the applicant and consistent with the
applicable requirements of this section, incentives or concessions,
as described in subdivision (d), waivers or reductions of development
standards, as described in subdivision (e), and parking ratios, as
described in subdivision (p), when an applicant for a housing
development seeks and agrees to construct a housing development,
excluding any units permitted by the density bonus awarded pursuant
to this section, that will contain at least any one of the following:
(A) Ten percent of the total units of a housing development for
lower income households, as defined in Section 50079.5 of the Health
and Safety Code.
(B) Five percent of the total units of a housing development for
very low income households, as defined in Section 50105 of the Health
and Safety Code.
(C) A senior citizen housing development, as defined in Sections
51.3 and 51.12 of the Civil Code, or a mobilehome park that limits
residency based on age requirements for housing for older persons
pursuant to Section 798.76 or 799.5 of the Civil Code.
(D) Ten percent of the total dwelling units in a common interest
development, as defined in Section 4100 of the Civil Code, for
persons and families of moderate income, as defined in Section 50093
of the Health and Safety Code, provided that all units in the
development are offered to the public for purchase.
(E) Ten percent of the total units of a housing development for
transitional foster youth, as defined in Section 66025.9 of the
Education Code, disabled veterans, as defined in Section 18541, or
homeless persons, as defined in the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in
this subparagraph shall be subject to a recorded affordability
restriction of 55 years and shall be provided at the same
affordability level as very low income units.
(2) For purposes of calculating the amount of the density bonus
pursuant to subdivision (f), an applicant who requests a density
bonus pursuant to this subdivision shall elect whether the bonus
shall be awarded on the basis of subparagraph (A), (B), (C), (D), or
(E) of paragraph (1).
(3) For the purposes of this section, "total units" or "total
dwelling units" does not include units added by a density bonus
awarded pursuant to this section or any local law granting a greater
density bonus.
(c) (1) An applicant shall agree to, and the city, county, or city
and county shall ensure, the continued affordability of all very low
and low-income rental units that qualified the applicant for the
award of the density bonus for 55 years or a longer period of time if
required by the construction or mortgage financing assistance
program, mortgage insurance program, or rental subsidy program. Rents
for the lower income density bonus units shall be set at an
affordable rent as defined in Section 50053 of the Health and Safety
Code.
(2) An applicant shall agree to, and the city, county, or city and
county shall ensure that, the initial occupant of all for-sale units
that qualified the applicant for the award of the density bonus are
persons and families of very low, low, or moderate income, as
required, and that the units are offered at an affordable housing
cost, as that cost is defined in Section 50052.5 of the Health and
Safety Code. The local government shall enforce an equity sharing
agreement, unless it is in conflict with the requirements of another
public funding source or law. The following apply to the equity
sharing agreement:
(A) Upon resale, the seller of the unit shall retain the value of
any improvements, the downpayment, and the seller's proportionate
share of appreciation. The local government shall recapture any
initial subsidy, as defined in subparagraph (B), and its
proportionate share of appreciation, as defined in subparagraph (C),
which amount shall be used within five years for any of the purposes
described in subdivision (e) of Section 33334.2 of the Health and
Safety Code that promote home ownership.
(B) For purposes of this subdivision, the local government's
initial subsidy shall be equal to the fair market value of the home
at the time of initial sale minus the initial sale price to the
moderate-income household, plus the amount of any downpayment
assistance or mortgage assistance. If upon resale the market value is
lower than the initial market value, then the value at the time of
the resale shall be used as the initial market value.
(C) For purposes of this subdivision, the local government's
proportionate share of appreciation shall be equal to the ratio of
the local government's initial subsidy to the fair market value of
the home at the time of initial sale.
(3) (A) An applicant shall be ineligible for a density bonus or
any other incentives or concessions under this section if the housing
development is proposed on any property that includes a parcel or
parcels on which rental dwelling units are or, if the dwelling units
have been vacated or demolished in the five-year period preceding the
application, have been subject to a recorded covenant, ordinance, or
law that restricts rents to levels affordable to persons and
families of lower or very low income; subject to any other form of
rent or price control through a public entity's valid exercise of its
police power; or occupied by lower or very low income households,
unless the proposed housing development replaces those units, and
either of the following applies:
(i) The proposed housing development, inclusive of the units
replaced pursuant to this paragraph, contains affordable units at the
percentages set forth in subdivision (b).
(ii) Each unit in the development, exclusive of a manager's unit
or units, is affordable to, and occupied by, either a lower or very
low income household.
(B) For the purposes of this paragraph, "replace" shall mean
either of the following:
(i) If any dwelling units described in subparagraph (A) are
occupied on the date of application, the proposed housing development
shall provide at least the same number of units of equivalent size
or type, or both, to be made available at affordable rent or
affordable housing cost to, and occupied by, persons and families in
the same or lower income category as those households in occupancy.
For unoccupied dwelling units described in subparagraph (A) in a
development with occupied units, the proposed housing development
shall provide units of equivalent size or type, or both, to be made
available at affordable rent or affordable housing cost to, and
occupied by, persons and families in the same or lower income
category in the same proportion of affordability as the occupied
units. All replacement calculations resulting in fractional units
shall be rounded up to the next whole number. If the replacement
units will be rental dwelling units, these units shall be subject to
a recorded affordability restriction for at least 55 years. If the
proposed development is for-sale units, the units replaced shall be
subject to paragraph (2).
(ii) If all dwelling units described in subparagraph (A) have been
vacated or demolished within the five-year period preceding the
application, the proposed housing development shall provide at least
the same number of units of equivalent size or type, or both, as
existed at the highpoint of those units in the five-year period
preceding the application to be made available at affordable rent or
affordable housing cost to, and occupied by, persons and families in
the same or lower income category as those persons and families in
occupancy at that time, if known. If the incomes of the persons and
families in occupancy at the highpoint is not known, then one-half of
the required units shall be made available at affordable rent or
affordable housing cost to, and occupied by, very low income persons
and families and one-half of the required units shall be made
available for rent at affordable housing costs to, and occupied by,
low-income persons and families. All replacement calculations
resulting in fractional units shall be rounded up to the next whole
number. If the replacement units will be rental dwelling units, these
units shall be subject to a recorded affordability restriction for
at least 55 years. If the proposed development is for-sale units, the
units replaced shall be subject to paragraph (2).
(C) Paragraph (3) of subdivision (c) does not apply to an
applicant seeking a density bonus for a proposed housing development
if his or her application was submitted to, or processed by, a city,
county, or city and county before January 1, 2015.
(d) (1) An applicant for a density bonus pursuant to subdivision
(b) may submit to a city, county, or city and county a proposal for
the specific incentives or concessions that the applicant requests
pursuant to this section, and may request a meeting with the city,
county, or city and county. The city, county, or city and county
shall grant the concession or incentive requested by the applicant
unless the city, county, or city and county makes a written finding,
based upon substantial evidence, of any of the following:
(A) The concession or incentive does not result in identifiable
and actual cost reductions, consistent with subdivision (k), to
provide for affordable housing costs, as defined in Section 50052.5
of the Health and Safety Code, or for rents for the targeted units to
be set as specified in subdivision (c).
(B) The concession or incentive would have a specific adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment or
on any real property that is listed in the California Register of
Historical Resources and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low-income and
moderate-income households.
(C) The concession or incentive would be contrary to state or
federal law.
(2) The applicant shall receive the following number of incentives
or concessions:
(A) One incentive or concession for projects that include at least
10 percent of the total units for lower income households, at least
5 percent for very low income households, or at least 10 percent for
persons and families of moderate income in a common interest
development.
(B) Two incentives or concessions for projects that include at
least 20 percent of the total units for lower income households, at
least 10 percent for very low income households, or at least 20
percent for persons and families of moderate income in a common
interest development.
(C) Three incentives or concessions for projects that include at
least 30 percent of the total units for lower income households, at
least 15 percent for very low income households, or at least 30
percent for persons and families of moderate income in a common
interest development.
(3) The applicant may initiate judicial proceedings if the city,
county, or city and county refuses to grant a requested density
bonus, incentive, or concession. If a court finds that the refusal to
grant a requested density bonus, incentive, or concession is in
violation of this section, the court shall award the plaintiff
reasonable attorney's fees and costs of suit. Nothing in this
subdivision shall be interpreted to require a local government to
grant an incentive or concession that has a specific, adverse impact,
as defined in paragraph (2) of subdivision (d) of Section 65589.5,
upon health, safety, or the physical environment, and for which there
is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact. Nothing in this subdivision shall be
interpreted to require a local government to grant an incentive or
concession that would have an adverse impact on any real property
that is listed in the California Register of Historical Resources.
The city, county, or city and county shall establish procedures for
carrying out this section, that shall include legislative body
approval of the means of compliance with this section.
(4) The city, county, or city and county shall bear the burden of
proof for the denial of a requested concession or incentive.
(e) (1) In no case may a city, county, or city and county apply
any development standard that will have the effect of physically
precluding the construction of a development meeting the criteria of
subdivision (b) at the densities or with the concessions or
incentives permitted by this section. An applicant may submit to a
city, county, or city and county a proposal for the waiver or
reduction of development standards that will have the effect of
physically precluding the construction of a development meeting the
criteria of subdivision (b) at the densities or with the concessions
or incentives permitted under this section, and may request a meeting
with the city, county, or city and county. If a court finds that the
refusal to grant a waiver or reduction of development standards is
in violation of this section, the court shall award the plaintiff
reasonable attorney's fees and costs of suit. Nothing in this
subdivision shall be interpreted to require a local government to
waive or reduce development standards if the waiver or reduction
would have a specific, adverse impact, as defined in paragraph (2) of
subdivision (d) of Section 65589.5, upon health, safety, or the
physical environment, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. Nothing
in this subdivision shall be interpreted to require a local
government to waive or reduce development standards that would have
an adverse impact on any real property that is listed in the
California Register of Historical Resources, or to grant any waiver
or reduction that would be contrary to state or federal law.
(2) A proposal for the waiver or reduction of development
standards pursuant to this subdivision shall neither reduce nor
increase the number of incentives or concessions to which the
applicant is entitled pursuant to subdivision (d).
(f) For the purposes of this chapter, "density bonus" means a
density increase over the otherwise maximum allowable gross
residential density as of the date of application by the applicant to
the city, county, or city and county, or, if elected by the
applicant, a lesser percentage of density increase, including, but
not limited to, no increase in density. The amount of density
increase to which the applicant is entitled shall vary according to
the amount by which the percentage of affordable housing units
exceeds the percentage established in subdivision (b).
(1) For housing developments meeting the criteria of subparagraph
(A) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Low-Income Units Percentage
Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35
(2) For housing developments meeting the criteria of subparagraph
(B) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Very Low Percentage Density Bonus
Income Units
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
(3) (A) For housing developments meeting the criteria of
subparagraph (C) of paragraph (1) of subdivision (b), the density
bonus shall be 20 percent of the number of senior housing units.
(B) For housing developments meeting the criteria of subparagraph
(E) of paragraph (1) of subdivision (b), the density bonus shall be
20 percent of the number of the type of units giving rise to a
density bonus under that subparagraph.
(4) For housing developments meeting the criteria of subparagraph
(D) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Moderate- Percentage Density Bonus
Income Units
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
(5) All density calculations resulting in fractional units shall
be rounded up to the next whole number. The granting of a density
bonus shall not require, or be interpreted, in and of itself, to
require a general plan amendment, local coastal plan amendment,
zoning change, or other discretionary approval.
(g) (1) When an applicant for a tentative subdivision map, parcel
map, or other residential development approval donates land to a
city, county, or city and county in accordance with this subdivision,
the applicant shall be entitled to a 15-percent increase above the
otherwise maximum allowable residential density for the entire
development, as follows:
Percentage Very Low Percentage Density Bonus
Income
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
(2) This increase shall be in addition to any increase in density
mandated by subdivision (b), up to a maximum combined mandated
density increase of 35 percent if an applicant seeks an increase
pursuant to both this subdivision and subdivision (b). All density
calculations resulting in fractional units shall be rounded up to the
next whole number. Nothing in this subdivision shall be construed to
enlarge or diminish the authority of a city, county, or city and
county to require a developer to donate land as a condition of
development. An applicant shall be eligible for the increased density
bonus described in this subdivision if all of the following
conditions are met:
(A) The applicant donates and transfers the land no later than the
date of approval of the final subdivision map, parcel map, or
residential development application.
(B) The developable acreage and zoning classification of the land
being transferred are sufficient to permit construction of units
affordable to very low income households in an amount not less than
10 percent of the number of residential units of the proposed
development.
(C) The transferred land is at least one acre in size or of
sufficient size to permit development of at least 40 units, has the
appropriate general plan designation, is appropriately zoned with
appropriate development standards for development at the density
described in paragraph (3) of subdivision (c) of Section 65583.2, and
is or will be served by adequate public facilities and
infrastructure.
(D) The transferred land shall have all of the permits and
approvals, other than building permits, necessary for the development
of the very low income housing units on the transferred land, not
later than the date of approval of the final subdivision map, parcel
map, or residential development application, except that the local
government may subject the proposed development to subsequent design
review to the extent authorized by subdivision (i) of Section 65583.2
if the design is not reviewed by the local government prior to the
time of transfer.
(E) The transferred land and the affordable units shall be subject
to a deed restriction ensuring continued affordability of the units
consistent with paragraphs (1) and (2) of subdivision (c), which
shall be recorded on the property at the time of the transfer.
(F) The land is transferred to the local agency or to a housing
developer approved by the local agency. The local agency may require
the applicant to identify and transfer the land to the developer.
(G) The transferred land shall be within the boundary of the
proposed development or, if the local agency agrees, within
one-quarter mile of the boundary of the proposed development.
(H) A proposed source of funding for the very low income units
shall be identified not later than the date of approval of the final
subdivision map, parcel map, or residential development application.
(h) (1) When an applicant proposes to construct a housing
development that conforms to the requirements of subdivision (b) and
includes a child care facility that will be located on the premises
of, as part of, or adjacent to, the project, the city, county, or
city and county shall grant either of the following:
(A) An additional density bonus that is an amount of square feet
of residential space that is equal to or greater than the amount of
square feet in the child care facility.
(B) An additional concession or incentive that contributes
significantly to the economic feasibility of the construction of the
child care facility.
(2) The city, county, or city and county shall require, as a
condition of approving the housing development, that the following
occur:
(A) The child care facility shall remain in operation for a period
of time that is as long as or longer than the period of time during
which the density bonus units are required to remain affordable
pursuant to subdivision (c).
(B) Of the children who attend the child care facility, the
children of very low income households, lower income households, or
families of moderate income shall equal a percentage that is equal to
or greater than the percentage of dwelling units that are required
for very low income households, lower income households, or families
of moderate income pursuant to subdivision (b).
(3) Notwithstanding any requirement of this subdivision, a city,
county, or city and county shall not be required to provide a density
bonus or concession for a child care facility if it finds, based
upon substantial evidence, that the community has adequate child care
facilities.
(4) "Child care facility," as used in this section, means a child
day care facility other than a family day care home, including, but
not limited to, infant centers, preschools, extended day care
facilities, and schoolage child care centers.
(i) "Housing development," as used in this section, means a
development project for five or more residential units, including
mixed-use developments. For the purposes of this section, "housing
development" also includes a subdivision or common interest
development, as defined in Section 4100 of the Civil Code, approved
by a city, county, or city and county and consists of residential
units or unimproved residential lots and either a project to
substantially rehabilitate and convert an existing commercial
building to residential use or the substantial rehabilitation of an
existing multifamily dwelling, as defined in subdivision (d) of
Section 65863.4, where the result of the rehabilitation would be a
net increase in available residential units. For the purpose of
calculating a density bonus, the residential units shall be on
contiguous sites that are the subject of one development application,
but do not have to be based upon individual subdivision maps or
parcels. The density bonus shall be permitted in geographic areas of
the housing development other than the areas where the units for the
lower income households are located.
(j) (1) The granting of a concession or incentive shall not
require, or be interpreted, in and of itself, to require a general
plan amendment, local coastal plan amendment, zoning change, study,
or other discretionary approval. For purposes of this subdivision,
"study" does not include reasonable documentation to establish
eligibility for the concession or incentive or to demonstrate that
the incentive or concession meets the definition set forth in
subdivision (k). This provision is declaratory of existing law.
(2) Except as provided in subdivisions (d) and (e), the granting
of a density bonus shall not require or be interpreted to require the
waiver of a local ordinance or provisions of a local ordinance
unrelated to development standards.
(k) For the purposes of this chapter, concession or incentive
means any of the following:
(1) A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements that
exceed the minimum building standards approved by the California
Building Standards Commission as provided in Part 2.5 (commencing
with Section 18901) of Division 13 of the Health and Safety Code,
including, but not limited to, a reduction in setback and square
footage requirements and in the ratio of vehicular parking spaces
that would otherwise be required that results in identifiable and
actual cost reductions, to provide for affordable housing costs, as
defined in Section 50052.5 of the Health and Safety Code, or for
rents for the targeted units to be set as specified in subdivision
(c).
(2) Approval of mixed-use zoning in conjunction with the housing
project if commercial, office, industrial, or other land uses will
reduce the cost of the housing development and if the commercial,
office, industrial, or other land uses are compatible with the
housing project and the existing or planned development in the area
where the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the
developer or the city, county, or city and county that result in
identifiable and actual cost reductions to provide for affordable
housing costs, as defined in Section 50052.5 of the Health and Safety
Code, or for rents for the targeted units to be set as specified in
subdivision (c).
(l) Subdivision (k) does not limit or require the provision of
direct financial incentives for the housing development, including
the provision of publicly owned land, by the city, county, or city
and county, or the waiver of fees or dedication requirements.
(m) This section does not supersede or in any way alter or lessen
the effect or application of the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the Public Resources
Code).
(n) If permitted by local ordinance, nothing in this section shall
be construed to prohibit a city, county, or city and county from
granting a density bonus greater than what is described in this
section for a development that meets the requirements of this section
or from granting a proportionately lower density bonus than what is
required by this section for developments that do not meet the
requirements of this section.
(o) For purposes of this section, the following definitions shall
apply:
(1) "Development standard" includes a site or construction
condition, including, but not limited to, a height limitation, a
setback requirement, a floor area ratio, an onsite open-space
requirement, or a parking ratio that applies to a residential
development pursuant to any ordinance, general plan element, specific
plan, charter, or other local condition, law, policy, resolution, or
regulation.
(2) "Maximum allowable residential density" means the density
allowed under the zoning ordinance and land use element of the
general plan, or, if a range of density is permitted, means the
maximum allowable density for the specific zoning range and land use
element of the general plan applicable to the project. Where the
density allowed under the zoning ordinance is inconsistent with the
density allowed under the land use element of the general plan, the
general plan density shall prevail.
(p) (1) Except as provided in paragraphs (2) and (3), upon the
request of the developer, a city, county, or city and county shall
not require a vehicular parking ratio, inclusive of handicapped and
guest parking, of a development meeting the criteria of subdivisions
(b) and (c), that exceeds the following ratios:
(A) Zero to one bedroom: one onsite parking space.
(B) Two to three bedrooms: two onsite parking spaces.
(C) Four and more bedrooms: two and one-half parking spaces.
(2) Notwithstanding paragraph (1), if a development includes the
maximum percentage of low-income or very low income units provided
for in paragraphs (1) and (2) of subdivision (f) and is located
within one-half mile of a major transit stop, as defined in
subdivision (b) of Section 21155 of the Public Resources Code, and
there is unobstructed access to the major transit stop from the
development, then, upon the request of the developer, a city, county,
or city and county shall not impose a vehicular parking ratio,
inclusive of handicapped and guest parking, that exceeds 0.5 spaces
per bedroom. For purposes of this subdivision, a development shall
have unobstructed access to a major transit stop if a resident is
able to access the major transit stop without encountering natural or
constructed impediments.
(3) Notwithstanding paragraph (1), if a development 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
Section 50052.5 of the Health and Safety Code, then, upon the request
of the developer, a city, county, or city and county shall not
impose a vehicular parking ratio, inclusive of handicapped and guest
parking, that exceeds the following ratios:
(A) If the development is located within one-half mile of a major
transit stop, as defined in subdivision (b) of Section 21155 of the
Public Resources Code, and there is unobstructed access to the major
transit stop from the development, the ratio shall not exceed 0.5
spaces per unit.
(B) If the development is a for-rent housing development for
individuals who are 62 years of age or older that complies with
Sections 51.2 and 51.3 of the Civil Code, the ratio shall not exceed
0.5 spaces per unit. The development shall have either paratransit
service or unobstructed access, within one-half mile, to fixed bus
route service that operates at least eight times per day.
(C) If the development is a special needs housing development, as
defined in Section 51312 of the Health and Safety Code, the ratio
shall not exceed 0.3 spaces per unit. The development shall have
either paratransit service or unobstructed access, within one-half
mile, to fixed bus route service that operates at least eight times
per day.
(4) If the total number of parking spaces required for a
development is other than a whole number, the number shall be rounded
up to the next whole number. For purposes of this subdivision, a
development may provide onsite parking through tandem parking or
uncovered parking, but not through onstreet parking.
(5) This subdivision shall apply to a development that meets the
requirements of subdivisions (b) and (c), but only at the request of
the applicant. An applicant may request parking incentives or
concessions beyond those provided in this subdivision pursuant to
subdivision (d).
(6) This subdivision does not preclude a city, county, or city and
county from reducing or eliminating a parking requirement for
development projects of any type in any location.
(7) Notwithstanding paragraphs (2) and (3), if a city, county,
city and county, or an independent consultant has conducted an
areawide or jurisdictionwide parking study in the last seven years,
then the city, county, or city and county may impose a higher
vehicular parking ratio not to exceed the ratio described in
paragraph (1), based upon substantial evidence found in the parking
study, that includes, but is not limited to, an analysis of parking
availability, differing levels of transit access, walkability access
to transit services, the potential for shared parking, the effect of
parking requirements on the cost of market-rate and subsidized
developments, and the lower rates of car ownership for low-income and
very low income individuals, including seniors and special needs
individuals. The city, county, or city and county shall pay the costs
of any new study. The city, county, or city and county shall make
findings, based on a parking study completed in conformity with this
paragraph, supporting the need for the higher parking ratio.
(8) A request pursuant to this subdivision shall neither reduce
nor increase the number of incentives or concessions to which the
applicant is entitled pursuant to subdivision (d).
(q) Each component of any density calculation, including base
density and bonus density, resulting in fractional units shall be
separately rounded up to the next whole number. The Legislature finds
and declares that this provision is declaratory of existing law.
(r) This chapter shall be interpreted liberally in favor of
producing the maximum number of total housing units.
SEC. 1.5. Section 65915 of the Government Code is amended to read:
65915. (a) (1) When an applicant seeks a density bonus for a
housing development within, or for the donation of land for housing
within, the jurisdiction of a city, county, or city and county, that
local government shall comply with this section. A city, county, or
city and county shall adopt an ordinance that specifies how
compliance with this section will be implemented. Failure to adopt an
ordinance shall not relieve a city, county, or city and county from
complying with this section.
(2) A local government shall not condition the submission, review,
or approval of an application pursuant to this chapter on the
preparation of an additional report or study that is not otherwise
required by state law, including this section. This subdivision does
not prohibit a local government from requiring an applicant to
provide reasonable documentation to establish eligibility for a
requested density bonus, incentives or concessions, as described in
subdivision (d), waivers or reductions of development standards, as
described in subdivision (e), and parking ratios, as described in
subdivision (p).
(3) In order to provide for the expeditious processing of a
density bonus application, the local government shall do all of the
following:
(A) Adopt procedures and timelines for processing a density bonus
application.
(B) Provide a list of all documents and information required to be
submitted with the density bonus application in order for the
density bonus application to be deemed complete. This list shall be
consistent with this chapter.
(C) Notify the applicant for a density bonus whether the
application is complete in a manner consistent with Section 65943.
(b) (1) A city, county, or city and county shall grant one density
bonus, the amount of which shall be as specified in subdivision (f),
and, if requested by the applicant and consistent with the
applicable requirements of this section, incentives or concessions,
as described in subdivision (d), waivers or reductions of development
standards, as described in subdivision (e), and parking ratios, as
described in subdivision (p), when an applicant for a housing
development seeks and agrees to construct a housing development,
excluding any units permitted by the density bonus awarded pursuant
to this section, that will contain at least any one of the following:
(A) Ten percent of the total units of a housing development for
lower income households, as defined in Section 50079.5 of the Health
and Safety Code.
(B) Five percent of the total units of a housing development for
very low income households, as defined in Section 50105 of the Health
and Safety Code.
(C) A senior citizen housing development, as defined in Sections
51.3 and 51.12 of the Civil Code, or a mobilehome park that limits
residency based on age requirements for housing for older persons
pursuant to Section 798.76 or 799.5 of the Civil Code.
(D) Ten percent of the total dwelling units in a common interest
development, as defined in Section 4100 of the Civil Code, for
persons and families of moderate income, as defined in Section 50093
of the Health and Safety Code, provided that all units in the
development are offered to the public for purchase.
(2) For purposes of calculating the amount of the density bonus
pursuant to subdivision (f), an applicant who requests a density
bonus pursuant to this subdivision shall elect whether the bonus
shall be awarded on the basis of subparagraph (A), (B), (C), or (D)
of paragraph (1).
(3) For the purposes of this section, "total units" or "total
dwelling units" does not include units added by a density bonus
awarded pursuant to this section or any local law granting a greater
density bonus.
(c) (1) An applicant shall agree to, and the city, county, or city
and county shall ensure, the continued affordability of all very low
and low-income rental units that qualified the applicant for the
award of the density bonus for 55 years or a longer period of time if
required by the construction or mortgage financing assistance
program, mortgage insurance program, or rental subsidy program. Rents
for the lower income density bonus units shall be set at an
affordable rent as defined in Section 50053 of the Health and Safety
Code.
(2) An applicant shall agree to, and the city, county, or city and
county shall ensure that, the initial occupant of all for-sale units
that qualified the applicant for the award of the density bonus are
persons and families of very low, low, or moderate income, as
required, and that the units are offered at an affordable housing
cost, as that cost is defined in Section 50052.5 of the Health and
Safety Code. The local government shall enforce an equity sharing
agreement, unless it is in conflict with the requirements of another
public funding source or law. The following apply to the equity
sharing agreement:
(A) Upon resale, the seller of the unit shall retain the value of
any improvements, the downpayment, and the seller's proportionate
share of appreciation. The local government shall recapture any
initial subsidy, as defined in subparagraph (B), and its
proportionate share of appreciation, as defined in subparagraph (C),
which amount shall be used within five years for any of the purposes
described in subdivision (e) of Section 33334.2 of the Health and
Safety Code that promote home ownership.
(B) For purposes of this subdivision, the local government's
initial subsidy shall be equal to the fair market value of the home
at the time of initial sale minus the initial sale price to the
moderate-income household, plus the amount of any downpayment
assistance or mortgage assistance. If upon resale the market value is
lower than the initial market value, then the value at the time of
the resale shall be used as the initial market value.
(C) For purposes of this subdivision, the local government's
proportionate share of appreciation shall be equal to the ratio of
the local government's initial subsidy to the fair market value of
the home at the time of initial sale.
(3) (A) An applicant shall be ineligible for a density bonus or
any other incentives or concessions under this section if the housing
development is proposed on any property that includes a parcel or
parcels on which rental dwelling units are or, if the dwelling units
have been vacated or demolished in the five-year period preceding the
application, have been subject to a recorded covenant, ordinance, or
law that restricts rents to levels affordable to persons and
families of lower or very low income; subject to any other form of
rent or price control through a public entity's valid exercise of its
police power; or occupied by lower or very low income households,
unless the proposed housing development replaces those units, and
either of the following applies:
(i) The proposed housing development, inclusive of the units
replaced pursuant to this paragraph, contains affordable units at the
percentages set forth in subdivision (b).
(ii) Each unit in the development, exclusive of a manager's unit
or units, is affordable to, and occupied by, either a lower or very
low income household.
(B) For the purposes of this paragraph, "replace" shall mean
either of the following:
(i) If any dwelling units described in subparagraph (A) are
occupied on the date of application, the proposed housing development
shall provide at least the same number of units of equivalent size
to be made available at affordable rent or affordable housing cost
to, and occupied by, persons and families in the same or lower income
category as those households in occupancy. If the income category of
the household in occupancy is not known, it shall be rebuttably
presumed that lower income
renter households occupied these units in the same proportion of
lower income renter households to all renter households within the
jurisdiction, as determined by the most recently available data from
the United States Department of Housing and Urban Development's
Comprehensive Housing Affordability Strategy database. For unoccupied
dwelling units described in subparagraph (A) in a development with
occupied units, the proposed housing development shall provide units
of equivalent size to be made available at affordable rent or
affordable housing cost to, and occupied by, persons and families in
the same or lower income category as the last household in occupancy.
If the income category of the last household in occupancy is not
known, it shall be rebuttably presumed that lower income renter
households occupied these units in the same proportion of lower
income renter households to all renter households within the
jurisdiction, as determined by the most recently available data from
the United States Department of Housing and Urban Development's
Comprehensive Housing Affordability Strategy database. All
replacement calculations resulting in fractional units shall be
rounded up to the next whole number. If the replacement units will be
rental dwelling units, these units shall be subject to a recorded
affordability restriction for at least 55 years. If the proposed
development is for-sale units, the units replaced shall be subject to
paragraph (2).
(ii) If all dwelling units described in subparagraph (A) have been
vacated or demolished within the five-year period preceding the
application, the proposed housing development shall provide at least
the same number of units of equivalent size as existed at the
highpoint of those units in the five-year period preceding the
application to be made available at affordable rent or affordable
housing cost to, and occupied by, persons and families in the same or
lower income category as those persons and families in occupancy at
that time, if known. If the incomes of the persons and families in
occupancy at the highpoint is not known, it shall be rebuttably
presumed that low-income and very low income renter households
occupied these units in the same proportion of low-income and very
low income renter households to all renter households within the
jurisdiction, as determined by the most recently available data from
the United States Department of Housing and Urban Development's
Comprehensive Housing Affordability Strategy database. All
replacement calculations resulting in fractional units shall be
rounded up to the next whole number. If the replacement units will be
rental dwelling units, these units shall be subject to a recorded
affordability restriction for at least 55 years. If the proposed
development is for-sale units, the units replaced shall be subject to
paragraph (2).
(C) Notwithstanding subparagraph (B), for any dwelling unit
described in subparagraph (A) that is or was, within the five-year
period preceding the application, subject to a form of rent or price
control through a local government's valid exercise of its police
power and that is or was occupied by persons or families above lower
income, the city, county, or city and county may do either of the
following:
(i) Require that the replacement units be made available at
affordable rent or affordable housing cost to, and occupied by,
low-income persons or families. If the replacement units will be
rental dwelling units, these units shall be subject to a recorded
affordability restriction for at least 55 years. If the proposed
development is for-sale units, the units replaced shall be subject to
paragraph (2).
(ii) Require that the units be replaced in compliance with the
jurisdiction's rent or price control ordinance, provided that each
unit described in subparagraph (A) is replaced. Unless otherwise
required by the jurisdiction's rent or price control ordinance, these
units shall not be subject to a recorded affordability restriction.
(D) For purposes of this paragraph, "equivalent size" means that
the replacement units contain at least the same total number of
bedrooms as the units being replaced.
(E) Subparagraph (A) does not apply to an applicant seeking a
density bonus for a proposed housing development if his or her
application was submitted to, or processed by, a city, county, or
city and county before January 1, 2015.
(d) (1) An applicant for a density bonus pursuant to subdivision
(b) may submit to a city, county, or city and county a proposal for
the specific incentives or concessions that the applicant requests
pursuant to this section, and may request a meeting with the city,
county, or city and county. The city, county, or city and county
shall grant the concession or incentive requested by the applicant
unless the city, county, or city and county makes a written finding,
based upon substantial evidence, of any of the following:
(A) The concession or incentive does not result in identifiable
and actual cost reductions, consistent with subdivision (k), to
provide for affordable housing costs, as defined in Section 50052.5
of the Health and Safety Code, or for rents for the targeted units to
be set as specified in subdivision (c).
(B) The concession or incentive would have a specific, adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment or
on any real property that is listed in the California Register of
Historical Resources and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact without
rendering the development unaffordable to low-income and
moderate-income households.
(C) The concession or incentive would be contrary to state or
federal law.
(2) The applicant shall receive the following number of incentives
or concessions:
(A) One incentive or concession for projects that include at least
10 percent of the total units for lower income households, at least
5 percent for very low income households, or at least 10 percent for
persons and families of moderate income in a common interest
development.
(B) Two incentives or concessions for projects that include at
least 20 percent of the total units for lower income households, at
least 10 percent for very low income households, or at least 20
percent for persons and families of moderate income in a common
interest development.
(C) Three incentives or concessions for projects that include at
least 30 percent of the total units for lower income households, at
least 15 percent for very low income households, or at least 30
percent for persons and families of moderate income in a common
interest development.
(3) The applicant may initiate judicial proceedings if the city,
county, or city and county refuses to grant a requested density
bonus, incentive, or concession. If a court finds that the refusal to
grant a requested density bonus, incentive, or concession is in
violation of this section, the court shall award the plaintiff
reasonable attorney's fees and costs of suit. Nothing in this
subdivision shall be interpreted to require a local government to
grant an incentive or concession that has a specific, adverse impact,
as defined in paragraph (2) of subdivision (d) of Section 65589.5,
upon health, safety, or the physical environment, and for which there
is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact. Nothing in this subdivision shall be
interpreted to require a local government to grant an incentive or
concession that would have an adverse impact on any real property
that is listed in the California Register of Historical Resources.
The city, county, or city and county shall establish procedures for
carrying out this section, that shall include legislative body
approval of the means of compliance with this section.
(4) The city, county, or city and county shall bear the burden of
proof for the denial of a requested concession or incentive.
(e) (1) In no case may a city, county, or city and county apply
any development standard that will have the effect of physically
precluding the construction of a development meeting the criteria of
subdivision (b) at the densities or with the concessions or
incentives permitted by this section. An applicant may submit to a
city, county, or city and county a proposal for the waiver or
reduction of development standards that will have the effect of
physically precluding the construction of a development meeting the
criteria of subdivision (b) at the densities or with the concessions
or incentives permitted under this section, and may request a meeting
with the city, county, or city and county. If a court finds that the
refusal to grant a waiver or reduction of development standards is
in violation of this section, the court shall award the plaintiff
reasonable attorney's fees and costs of suit. Nothing in this
subdivision shall be interpreted to require a local government to
waive or reduce development standards if the waiver or reduction
would have a specific, adverse impact, as defined in paragraph (2) of
subdivision (d) of Section 65589.5, upon health, safety, or the
physical environment, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. Nothing
in this subdivision shall be interpreted to require a local
government to waive or reduce development standards that would have
an adverse impact on any real property that is listed in the
California Register of Historical Resources, or to grant any waiver
or reduction that would be contrary to state or federal law.
(2) A proposal for the waiver or reduction of development
standards pursuant to this subdivision shall neither reduce nor
increase the number of incentives or concessions to which the
applicant is entitled pursuant to subdivision (d).
(f) For the purposes of this chapter, "density bonus" means a
density increase over the otherwise maximum allowable gross
residential density as of the date of application by the applicant to
the city, county, or city and county, or, if elected by the
applicant, a lesser percentage of density increase, including, but
not limited to, no increase in density. The amount of density
increase to which the applicant is entitled shall vary according to
the amount by which the percentage of affordable housing units
exceeds the percentage established in subdivision (b).
(1) For housing developments meeting the criteria of subparagraph
(A) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Low-Income Units Percentage
Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35
(2) For housing developments meeting the criteria of subparagraph
(B) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Very Low Percentage Density Bonus
Income Units
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
(3) For housing developments meeting the criteria of subparagraph
(C) of paragraph (1) of subdivision (b), the density bonus shall be
20 percent of the number of senior housing units.
(4) For housing developments meeting the criteria of subparagraph
(D) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Moderate- Percentage Density Bonus
Income Units
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
(5) All density calculations resulting in fractional units shall
be rounded up to the next whole number. The granting of a density
bonus shall not require, or be interpreted, in and of itself, to
require a general plan amendment, local coastal plan amendment,
zoning change, or other discretionary approval.
(g) (1) When an applicant for a tentative subdivision map, parcel
map, or other residential development approval donates land to a
city, county, or city and county in accordance with this subdivision,
the applicant shall be entitled to a 15-percent increase above the
otherwise maximum allowable residential density for the entire
development, as follows:
Percentage Very Low Percentage Density Bonus
Income
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
(2) This increase shall be in addition to any increase in density
mandated by subdivision (b), up to a maximum combined mandated
density increase of 35 percent if an applicant seeks an increase
pursuant to both this subdivision and subdivision (b). All density
calculations resulting in fractional units shall be rounded up to the
next whole number. Nothing in this subdivision shall be construed to
enlarge or diminish the authority of a city, county, or city and
county to require a developer to donate land as a condition of
development. An applicant shall be eligible for the increased density
bonus described in this subdivision if all of the following
conditions are met:
(A) The applicant donates and transfers the land no later than the
date of approval of the final subdivision map, parcel map, or
residential development application.
(B) The developable acreage and zoning classification of the land
being transferred are sufficient to permit construction of units
affordable to very low income households in an amount not less than
10 percent of the number of residential units of the proposed
development.
(C) The transferred land is at least one acre in size or of
sufficient size to permit development of at least 40 units, has the
appropriate general plan designation, is appropriately zoned with
appropriate development standards for development at the density
described in paragraph (3) of subdivision (c) of Section 65583.2, and
is or will be served by adequate public facilities and
infrastructure.
(D) The transferred land shall have all of the permits and
approvals, other than building permits, necessary for the development
of the very low income housing units on the transferred land, not
later than the date of approval of the final subdivision map, parcel
map, or residential development application, except that the local
government may subject the proposed development to subsequent design
review to the extent authorized by subdivision (i) of Section 65583.2
if the design is not reviewed by the local government prior to the
time of transfer.
(E) The transferred land and the affordable units shall be subject
to a deed restriction ensuring continued affordability of the units
consistent with paragraphs (1) and (2) of subdivision (c), which
shall be recorded on the property at the time of the transfer.
(F) The land is transferred to the local agency or to a housing
developer approved by the local agency. The local agency may require
the applicant to identify and transfer the land to the developer.
(G) The transferred land shall be within the boundary of the
proposed development or, if the local agency agrees, within
one-quarter mile of the boundary of the proposed development.
(H) A proposed source of funding for the very low income units
shall be identified not later than the date of approval of the final
subdivision map, parcel map, or residential development application.
(h) (1) When an applicant proposes to construct a housing
development that conforms to the requirements of subdivision (b) and
includes a child care facility that will be located on the premises
of, as part of, or adjacent to, the project, the city, county, or
city and county shall grant either of the following:
(A) An additional density bonus that is an amount of square feet
of residential space that is equal to or greater than the amount of
square feet in the child care facility.
(B) An additional concession or incentive that contributes
significantly to the economic feasibility of the construction of the
child care facility.
(2) The city, county, or city and county shall require, as a
condition of approving the housing development, that the following
occur:
(A) The child care facility shall remain in operation for a period
of time that is as long as or longer than the period of time during
which the density bonus units are required to remain affordable
pursuant to subdivision (c).
(B) Of the children who attend the child care facility, the
children of very low income households, lower income households, or
families of moderate income shall equal a percentage that is equal to
or greater than the percentage of dwelling units that are required
for very low income households, lower income households, or families
of moderate income pursuant to subdivision (b).
(3) Notwithstanding any requirement of this subdivision, a city,
county, or city and county shall not be required to provide a density
bonus or concession for a child care facility if it finds, based
upon substantial evidence, that the community has adequate child care
facilities.
(4) "Child care facility," as used in this section, means a child
day care facility other than a family day care home, including, but
not limited to, infant centers, preschools, extended day care
facilities, and schoolage child care centers.
(i) "Housing development," as used in this section, means a
development project for five or more residential units, including
mixed-use developments. For the purposes of this section, "housing
development" also includes a subdivision or common interest
development, as defined in Section 4100 of the Civil Code, approved
by a city, county, or city and county and consists of residential
units or unimproved residential lots and either a project to
substantially rehabilitate and convert an existing commercial
building to residential use or the substantial rehabilitation of an
existing multifamily dwelling, as defined in subdivision (d) of
Section 65863.4, where the result of the rehabilitation would be a
net increase in available residential units. For the purpose of
calculating a density bonus, the residential units shall be on
contiguous sites that are the subject of one development application,
but do not have to be based upon individual subdivision maps or
parcels. The density bonus shall be permitted in geographic areas of
the housing development other than the areas where the units for the
lower income households are located.
(j) (1) The granting of a concession or incentive shall require or
not be interpreted, in and of itself, to require a general plan
amendment, local coastal plan amendment, zoning change, study, or
other discretionary approval. For purposes of this subdivision,
"study" does not include reasonable documentation to establish
eligibility for the concession or incentive or to demonstrate that
the incentive or concession meets the definition set forth in
subdivision (k). This provision is declaratory of existing law.
(2) Except as provided in subdivisions (d) and (e), the granting
of a density bonus shall not require or be interpreted to require the
waiver of a local ordinance or provisions of a local ordinance
unrelated to development standards.
(k) For the purposes of this chapter, concession or incentive
means any of the following:
(1) A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements that
exceed the minimum building standards approved by the California
Building Standards Commission as provided in Part 2.5 (commencing
with Section 18901) of Division 13 of the Health and Safety Code,
including, but not limited to, a reduction in setback and square
footage requirements and in the ratio of vehicular parking spaces
that would otherwise be required that results in identifiable and
actual cost reductions, to provide for affordable housing costs, as
defined in Section 50052.5 of the Health and Safety Code, or for
rents for the targeted units to be set as specified in subdivision
(c).
(2) Approval of mixed-use zoning in conjunction with the housing
project if commercial, office, industrial, or other land uses will
reduce the cost of the housing development and if the commercial,
office, industrial, or other land uses are compatible with the
housing project and the existing or planned development in the area
where the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the
developer or the city, county, or city and county that result in
identifiable and actual cost reductions to provide for affordable
housing costs, as defined in Section 50052.5 of the Health and Safety
Code, or for rents for the targeted units to be set as specified in
subdivision (c).
(l) Subdivision (k) does not limit or require the provision of
direct financial incentives for the housing development, including
the provision of publicly owned land, by the city, county, or city
and county, or the waiver of fees or dedication requirements.
(m) This section does not supersede or in any way alter or lessen
the effect or application of the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the Public Resources
Code).
(n) If permitted by local ordinance, nothing in this section shall
be construed to prohibit a city, county, or city and county from
granting a density bonus greater than what is described in this
section for a development that meets the requirements of this section
or from granting a proportionately lower density bonus than what is
required by this section for developments that do not meet the
requirements of this section.
(o) For purposes of this section, the following definitions shall
apply:
(1) "Development standard" includes a site or construction
condition, including, but not limited to, a height limitation, a
setback requirement, a floor area ratio, an onsite open-space
requirement, or a parking ratio that applies to a residential
development pursuant to any ordinance, general plan element, specific
plan, charter, or other local condition, law, policy, resolution, or
regulation.
(2) "Maximum allowable residential density" means the density
allowed under the zoning ordinance and land use element of the
general plan, or, if a range of density is permitted, means the
maximum allowable density for the specific zoning range and land use
element of the general plan applicable to the project. Where the
density allowed under the zoning ordinance is inconsistent with the
density allowed under the land use element of the general plan, the
general plan density shall prevail.
(p) (1) Except as provided in paragraphs (2) and (3), upon the
request of the developer, a city, county, or city and county shall
not require a vehicular parking ratio, inclusive of handicapped and
guest parking, of a development meeting the criteria of subdivisions
(b) and (c), that exceeds the following ratios:
(A) Zero to one bedroom: one onsite parking space.
(B) Two to three bedrooms: two onsite parking spaces.
(C) Four and more bedrooms: two and one-half parking spaces.
(2) Notwithstanding paragraph (1), if a development includes the
maximum percentage of low-income or very low income units provided
for in paragraphs (1) and (2) of subdivision (f) and is located
within one-half mile of a major transit stop, as defined in
subdivision (b) of Section 21155 of the Public Resources Code, and
there is unobstructed access to the major transit stop from the
development, then, upon the request of the developer, a city, county,
or city and county shall not impose a vehicular parking ratio,
inclusive of handicapped and guest parking, that exceeds 0.5 spaces
per bedroom. For purposes of this subdivision, a development shall
have unobstructed access to a major transit stop if a resident is
able to access the major transit stop without encountering natural or
constructed impediments.
(3) Notwithstanding paragraph (1), if a development 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
Section 50052.5 of the Health and Safety Code, then, upon the request
of the developer, a city, county, or city and county shall not
impose a vehicular parking ratio, inclusive of handicapped and
guest parking, that exceeds
the following ratios:
(A) If the development is located within one-half mile of a major
transit stop, as defined in subdivision (b) of Section 21155 of the
Public Resources Code, and there is unobstructed access to the major
transit stop from the development, the ratio shall not exceed 0.5
spaces per unit.
(B) If the development is a for-rent housing development for
individuals who are 62 years of age or older that complies with
Sections 51.2 and 51.3 of the Civil Code, the ratio shall not exceed
0.5 spaces per unit. The development shall have either paratransit
service or unobstructed access, within one-half mile, to fixed bus
route service that operates at least eight times per day.
(C) If the development is a special needs housing development, as
defined in Section 51312 of the Health and Safety Code, the ratio
shall not exceed 0.3 spaces per unit. The development shall have
either paratransit service or unobstructed access, within one-half
mile, to fixed bus route service that operates at least eight times
per day.
(4) If the total number of parking spaces required for a
development is other than a whole number, the number shall be rounded
up to the next whole number. For purposes of this subdivision, a
development may provide on-site parking through tandem parking or
uncovered parking, but not through on-street parking.
(5) This subdivision shall apply to a development that meets the
requirements of subdivisions (b) and (c), but only at the request of
the applicant. An applicant may request parking incentives or
concessions beyond those provided in this subdivision pursuant to
subdivision (d).
(6) This subdivision does not preclude a city, county, or city and
county from reducing or eliminating a parking requirement for
development projects of any type in any location.
(7) Notwithstanding paragraphs (2) and (3), if a city, county,
city and county, or an independent consultant has conducted an
areawide or jurisdictionwide parking study in the last seven years,
then the city, county, or city and county may impose a higher
vehicular parking ratio not to exceed the ratio described in
paragraph (1), based upon substantial evidence found in the parking
study, that includes, but is not limited to, an analysis of parking
availability, differing levels of transit access, walkability access
to transit services, the potential for shared parking, the effect of
parking requirements on the cost of market-rate and subsidized
developments, and the lower rates of car ownership for low-income and
very low income individuals, including seniors and special needs
individuals. The city, county, or city and county shall pay the costs
of any new study. The city, county, or city and county shall make
findings, based on a parking study completed in conformity with this
paragraph, supporting the need for the higher parking ratio.
(8) A request pursuant to this subdivision shall neither reduce
nor increase the number of incentives or concessions to which the
applicant is entitled pursuant to subdivision (d).
(q) Each component of any density calculation, including base
density and bonus density, resulting in fractional units shall be
separately rounded up to the next whole number. The Legislature finds
and declares that this provision is declaratory of existing law.
(r) This chapter shall be interpreted liberally in favor of
producing the maximum number of total housing units.
SEC. 1.7. Section 65915 of the Government Code is amended to read:
65915. (a) (1) When an applicant seeks a density bonus for a
housing development within, or for the donation of land for housing
within, the jurisdiction of a city, county, or city and county, that
local government shall comply with this section. A city, county, or
city and county shall adopt an ordinance that specifies how
compliance with this section will be implemented. Failure to adopt an
ordinance shall not relieve a city, county, or city and county from
complying with this section.
(2) A local government shall not condition the submission, review,
or approval of an application pursuant to this chapter on the
preparation of an additional report or study that is not otherwise
required by state law, including this section. This subdivision does
not prohibit a local government from requiring an applicant to
provide reasonable documentation to establish eligibility for a
requested density bonus, incentives or concessions, as described in
subdivision (d), waivers or reductions of development standards, as
described in subdivision (e), and parking ratios, as described in
subdivision (p).
(3) In order to provide for the expeditious processing of a
density bonus application, the local government shall do all of the
following:
(A) Adopt procedures and timelines for processing a density bonus
application.
(B) Provide a list of all documents and information required to be
submitted with the density bonus application in order for the
density bonus application to be deemed complete. This list shall be
consistent with this chapter.
(C) Notify the applicant for a density bonus whether the
application is complete in a manner consistent with Section 65943.
(b) (1) A city, county, or city and county shall grant one density
bonus, the amount of which shall be as specified in subdivision (f),
and, if requested by the applicant and consistent with the
applicable requirements of this section, incentives or concessions,
as described in subdivision (d), waivers or reductions of development
standards, as described in subdivision (e), and parking ratios, as
described in subdivision (p), when an applicant for a housing
development seeks and agrees to construct a housing development,
excluding any units permitted by the density bonus awarded pursuant
to this section, that will contain at least any one of the following:
(A) Ten percent of the total units of a housing development for
lower income households, as defined in Section 50079.5 of the Health
and Safety Code.
(B) Five percent of the total units of a housing development for
very low income households, as defined in Section 50105 of the Health
and Safety Code.
(C) A senior citizen housing development, as defined in Sections
51.3 and 51.12 of the Civil Code, or a mobilehome park that limits
residency based on age requirements for housing for older persons
pursuant to Section 798.76 or 799.5 of the Civil Code.
(D) Ten percent of the total dwelling units in a common interest
development, as defined in Section 4100 of the Civil Code, for
persons and families of moderate income, as defined in Section 50093
of the Health and Safety Code, provided that all units in the
development are offered to the public for purchase.
(E) Ten percent of the total units of a housing development for
transitional foster youth, as defined in Section 66025.9 of the
Education Code, disabled veterans, as defined in Section 18541, or
homeless persons, as defined in the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in
this subparagraph shall be subject to a recorded affordability
restriction of 55 years and shall be provided at the same
affordability level as very low income units.
(2) For purposes of calculating the amount of the density bonus
pursuant to subdivision (f), an applicant who requests a density
bonus pursuant to this subdivision shall elect whether the bonus
shall be awarded on the basis of subparagraph (A), (B), (C), (D), or
(E) of paragraph (1).
(3) For the purposes of this section, "total units" or "total
dwelling units" does not include units added by a density bonus
awarded pursuant to this section or any local law granting a greater
density bonus.
(c) (1) An applicant shall agree to, and the city, county, or city
and county shall ensure, the continued affordability of all very low
and low-income rental units that qualified the applicant for the
award of the density bonus for 55 years or a longer period of time if
required by the construction or mortgage financing assistance
program, mortgage insurance program, or rental subsidy program. Rents
for the lower income density bonus units shall be set at an
affordable rent as defined in Section 50053 of the Health and Safety
Code.
(2) An applicant shall agree to, and the city, county, or city and
county shall ensure that, the initial occupant of all for-sale units
that qualified the applicant for the award of the density bonus are
persons and families of very low, low, or moderate income, as
required, and that the units are offered at an affordable housing
cost, as that cost is defined in Section 50052.5 of the Health and
Safety Code. The local government shall enforce an equity sharing
agreement, unless it is in conflict with the requirements of another
public funding source or law. The following apply to the equity
sharing agreement:
(A) Upon resale, the seller of the unit shall retain the value of
any improvements, the downpayment, and the seller's proportionate
share of appreciation. The local government shall recapture any
initial subsidy, as defined in subparagraph (B), and its
proportionate share of appreciation, as defined in subparagraph (C),
which amount shall be used within five years for any of the purposes
described in subdivision (e) of Section 33334.2 of the Health and
Safety Code that promote home ownership.
(B) For purposes of this subdivision, the local government's
initial subsidy shall be equal to the fair market value of the home
at the time of initial sale minus the initial sale price to the
moderate-income household, plus the amount of any downpayment
assistance or mortgage assistance. If upon resale the market value is
lower than the initial market value, then the value at the time of
the resale shall be used as the initial market value.
(C) For purposes of this subdivision, the local government's
proportionate share of appreciation shall be equal to the ratio of
the local government's initial subsidy to the fair market value of
the home at the time of initial sale.
(3) (A) An applicant shall be ineligible for a density bonus or
any other incentives or concessions under this section if the housing
development is proposed on any property that includes a parcel or
parcels on which rental dwelling units are or, if the dwelling units
have been vacated or demolished in the five-year period preceding the
application, have been subject to a recorded covenant, ordinance, or
law that restricts rents to levels affordable to persons and
families of lower or very low income; subject to any other form of
rent or price control through a public entity's valid exercise of its
police power; or occupied by lower or very low income households,
unless the proposed housing development replaces those units, and
either of the following applies:
(i) The proposed housing development, inclusive of the units
replaced pursuant to this paragraph, contains affordable units at the
percentages set forth in subdivision (b).
(ii) Each unit in the development, exclusive of a manager's unit
or units, is affordable to, and occupied by, either a lower or very
low income household.
(B) For the purposes of this paragraph, "replace" shall mean
either of the following:
(i) If any dwelling units described in subparagraph (A) are
occupied on the date of application, the proposed housing development
shall provide at least the same number of units of equivalent size
to be made available at affordable rent or affordable housing cost
to, and occupied by, persons and families in the same or lower income
category as those households in occupancy. If the income category of
the household in occupancy is not known, it shall be rebuttably
presumed that lower income renter households occupied these units in
the same proportion of lower income renter households to all renter
households within the jurisdiction, as determined by the most
recently available data from the United States Department of Housing
and Urban Development's Comprehensive Housing Affordability Strategy
database. For unoccupied dwelling units described in subparagraph (A)
in a development with occupied units, the proposed housing
development shall provide units of equivalent size to be made
available at affordable rent or affordable housing cost to, and
occupied by, persons and families in the same or lower income
category as the last household in occupancy. If the income category
of the last household in occupancy is not known, it shall be
rebuttably presumed that lower income renter households occupied
these units in the same proportion of lower income renter households
to all renter households within the jurisdiction, as determined by
the most recently available data from the United States Department of
Housing and Urban Development's Comprehensive Housing Affordability
Strategy database. All replacement calculations resulting in
fractional units shall be rounded up to the next whole number. If the
replacement units will be rental dwelling units, these units shall
be subject to a recorded affordability restriction for at least 55
years. If the proposed development is for-sale units, the units
replaced shall be subject to paragraph (2).
(ii) If all dwelling units described in subparagraph (A) have been
vacated or demolished within the five-year period preceding the
application, the proposed housing development shall provide at least
the same number of units of equivalent size as existed at the
highpoint of those units in the five-year period preceding the
application to be made available at affordable rent or affordable
housing cost to, and occupied by, persons and families in the same or
lower income category as those persons and families in occupancy at
that time, if known. If the incomes of the persons and families in
occupancy at the highpoint is not known, it shall be rebuttably
presumed that low-income and very low income renter households
occupied these units in the same proportion of low-income and very
low income renter households to all renter households within the
jurisdiction, as determined by the most recently available data from
the United States Department of Housing and Urban Development's
Comprehensive Housing Affordability Strategy database. All
replacement calculations resulting in fractional units shall be
rounded up to the next whole number. If the replacement units will be
rental dwelling units, these units shall be subject to a recorded
affordability restriction for at least 55 years. If the proposed
development is for-sale units, the units replaced shall be subject to
paragraph (2).
(C) Notwithstanding subparagraph (B), for any dwelling unit
described in subparagraph (A) that is or was, within the five-year
period preceding the application, subject to a form of rent or price
control through a local government's valid exercise of its police
power and that is or was occupied by persons or families above lower
income, the city, county, or city and county may do either of the
following:
(i) Require that the replacement units be made available at
affordable rent or affordable housing cost to, and occupied by,
low-income persons or families. If the replacement units will be
rental dwelling units, these units shall be subject to a recorded
affordability restriction for at least 55 years. If the proposed
development is for-sale units, the units replaced shall be subject to
paragraph (2).
(ii) Require that the units be replaced in compliance with the
jurisdiction's rent or price control ordinance, provided that each
unit described in subparagraph (A) is replaced. Unless otherwise
required by the jurisdiction's rent or price control ordinance, these
units shall not be subject to a recorded affordability restriction.
(D) For purposes of this paragraph, "equivalent size" means that
the replacement units contain at least the same total number of
bedrooms as the units being replaced.
(E) Subparagraph (A) does not apply to an applicant seeking a
density bonus for a proposed housing development if his or her
application was submitted to, or processed by, a city, county, or
city and county before January 1, 2015.
(d) (1) An applicant for a density bonus pursuant to subdivision
(b) may submit to a city, county, or city and county a proposal for
the specific incentives or concessions that the applicant requests
pursuant to this section, and may request a meeting with the city,
county, or city and county. The city, county, or city and county
shall grant the concession or incentive requested by the applicant
unless the city, county, or city and county makes a written finding,
based upon substantial evidence, of any of the following:
(A) The concession or incentive does not result in identifiable
and actual cost reductions, consistent with subdivision (k), to
provide for affordable housing costs, as defined in Section 50052.5
of the Health and Safety Code, or for rents for the targeted units to
be set as specified in subdivision (c).
(B) The concession or incentive would have a specific, adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment or
on any real property that is listed in the California Register of
Historical Resources and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact without
rendering the development unaffordable to low-income and
moderate-income households.
(C) The concession or incentive would be contrary to state or
federal law.
(2) The applicant shall receive the following number of incentives
or concessions:
(A) One incentive or concession for projects that include at least
10 percent of the total units for lower income households, at least
5 percent for very low income households, or at least 10 percent for
persons and families of moderate income in a common interest
development.
(B) Two incentives or concessions for projects that include at
least 20 percent of the total units for lower income households, at
least 10 percent for very low income households, or at least 20
percent for persons and families of moderate income in a common
interest development.
(C) Three incentives or concessions for projects that include at
least 30 percent of the total units for lower income households, at
least 15 percent for very low income households, or at least 30
percent for persons and families of moderate income in a common
interest development.
(3) The applicant may initiate judicial proceedings if the city,
county, or city and county refuses to grant a requested density
bonus, incentive, or concession. If a court finds that the refusal to
grant a requested density bonus, incentive, or concession is in
violation of this section, the court shall award the plaintiff
reasonable attorney's fees and costs of suit. Nothing in this
subdivision shall be interpreted to require a local government to
grant an incentive or concession that has a specific, adverse impact,
as defined in paragraph (2) of subdivision (d) of Section 65589.5,
upon health, safety, or the physical environment, and for which there
is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact. Nothing in this subdivision shall be
interpreted to require a local government to grant an incentive or
concession that would have an adverse impact on any real property
that is listed in the California Register of Historical Resources.
The city, county, or city and county shall establish procedures for
carrying out this section, that shall include legislative body
approval of the means of compliance with this section.
(4) The city, county, or city and county shall bear the burden of
proof for the denial of a requested concession or incentive.
(e) (1) In no case may a city, county, or city and county apply
any development standard that will have the effect of physically
precluding the construction of a development meeting the criteria of
subdivision (b) at the densities or with the concessions or
incentives permitted by this section. An applicant may submit to a
city, county, or city and county a proposal for the waiver or
reduction of development standards that will have the effect of
physically precluding the construction of a development meeting the
criteria of subdivision (b) at the densities or with the concessions
or incentives permitted under this section, and may request a meeting
with the city, county, or city and county. If a court finds that the
refusal to grant a waiver or reduction of development standards is
in violation of this section, the court shall award the plaintiff
reasonable attorney's fees and costs of suit. Nothing in this
subdivision shall be interpreted to require a local government to
waive or reduce development standards if the waiver or reduction
would have a specific, adverse impact, as defined in paragraph (2) of
subdivision (d) of Section 65589.5, upon health, safety, or the
physical environment, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. Nothing
in this subdivision shall be interpreted to require a local
government to waive or reduce development standards that would have
an adverse impact on any real property that is listed in the
California Register of Historical Resources, or to grant any waiver
or reduction that would be contrary to state or federal law.
(2) A proposal for the waiver or reduction of development
standards pursuant to this subdivision shall neither reduce nor
increase the number of incentives or concessions to which the
applicant is entitled pursuant to subdivision (d).
(f) For the purposes of this chapter, "density bonus" means a
density increase over the otherwise maximum allowable gross
residential density as of the date of application by the applicant to
the city, county, or city and county, or, if elected by the
applicant, a lesser percentage of density increase, including, but
not limited to, no increase in density. The amount of density
increase to which the applicant is entitled shall vary according to
the amount by which the percentage of affordable housing units
exceeds the percentage established in subdivision (b).
(1) For housing developments meeting the criteria of subparagraph
(A) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Low-Income Units Percentage
Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35
(2) For housing developments meeting the criteria of subparagraph
(B) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Very Low Percentage Density Bonus
Income Units
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
(3) (A) For housing developments meeting the criteria of
subparagraph (C) of paragraph (1) of subdivision (b), the density
bonus shall be 20 percent of the number of senior housing units.
(B) For housing developments meeting the criteria of subparagraph
(E) of paragraph (1) of subdivision (b), the density bonus shall be
20 percent of the number of the type of units giving rise to a
density bonus under that subparagraph.
(4) For housing developments meeting the criteria of subparagraph
(D) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Moderate- Percentage Density
Income Units Bonus
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
(5) All density calculations resulting in fractional units shall
be rounded up to the next whole number. The granting of a density
bonus shall not require, or be interpreted, in and of itself, to
require a general plan amendment, local coastal plan amendment,
zoning change, or other discretionary approval.
(g) (1) When an applicant for a tentative subdivision map, parcel
map, or other residential development approval donates land to a
city, county, or city and county in accordance with this subdivision,
the applicant shall be entitled to a 15-percent increase above the
otherwise maximum allowable residential density for the entire
development, as follows:
Percentage Very Low Percentage Density Bonus
Income
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
(2) This increase shall be in addition to any increase in density
mandated by subdivision (b), up to a maximum combined mandated
density increase of 35 percent if an applicant seeks an increase
pursuant to both this subdivision and subdivision (b). All density
calculations resulting in fractional units shall be rounded up to the
next whole number. Nothing in this subdivision shall be construed to
enlarge or diminish the authority of a city, county, or city and
county to require a developer to donate land as a condition of
development. An applicant shall be eligible for the increased density
bonus described in this subdivision if all of the following
conditions are met:
(A) The applicant donates and transfers the land no later than the
date of approval of the final subdivision map, parcel map, or
residential development application.
(B) The developable acreage and zoning classification of the land
being transferred are sufficient to permit construction of units
affordable to very low income households in an amount not less than
10 percent of the number of residential units of the proposed
development.
(C) The transferred land is at least one acre in size or of
sufficient size to permit development of at least 40 units, has the
appropriate general plan designation, is appropriately zoned with
appropriate development standards for development at the density
described in paragraph (3) of subdivision (c) of Section 65583.2, and
is or will be served by adequate public facilities and
infrastructure.
(D) The transferred land shall have all of the permits and
approvals, other than building permits, necessary for the development
of the very low income housing units on the transferred land, not
later than the date of approval of the final subdivision map, parcel
map, or residential development application, except that the local
government may subject the proposed development to subsequent design
review to the extent authorized by subdivision (i) of Section 65583.2
if the design is not reviewed by the local government prior to the
time of transfer.
(E) The transferred land and the affordable units shall be subject
to a deed restriction ensuring continued affordability of the units
consistent with paragraphs (1) and (2) of subdivision (c), which
shall be recorded on the property at the time of the transfer.
(F) The land is transferred to the local agency or to a housing
developer approved by the local agency. The local agency may require
the applicant to identify and transfer the land to the developer.
(G) The transferred land shall be within the boundary of the
proposed development or, if the local agency agrees, within
one-quarter mile of the boundary of the proposed development.
(H) A proposed source of funding for the very low income units
shall be identified not later than the date of approval of the final
subdivision map, parcel map, or residential development application.
(h) (1) When an applicant proposes to construct a housing
development that conforms to the requirements of subdivision (b) and
includes a child care facility that will be located on the premises
of, as part of, or adjacent to, the project, the city, county, or
city and county shall grant either of the following:
(A) An additional density bonus that is an amount of square feet
of residential space that is equal to or greater than the amount of
square feet in the child care facility.
(B) An additional concession or incentive that contributes
significantly to the economic feasibility of the construction of the
child care facility.
(2) The city, county, or city and county shall require, as a
condition of approving the housing development, that the following
occur:
(A) The child care facility shall remain in operation for a period
of time that is as long as or longer than the period of time during
which the density bonus units are required to remain affordable
pursuant to subdivision (c).
(B) Of the children who attend the child care facility, the
children of very low income households, lower income households, or
families of moderate income shall equal a percentage that is equal to
or greater than the percentage of dwelling units that are required
for very low income households, lower income households, or families
of moderate income pursuant to subdivision (b).
(3) Notwithstanding any requirement of this subdivision, a city,
county, or city and county shall not be required to provide a density
bonus or concession for a child care facility if it finds, based
upon substantial evidence, that the community has adequate child care
facilities.
(4) "Child care facility," as used in this section, means a child
day care facility other than a family day care home, including, but
not limited to, infant centers, preschools, extended day care
facilities, and schoolage child care centers.
(i) "Housing development," as used in this section, means a
development project for five or more residential units, including
mixed-use developments. For the purposes of this section, "housing
development" also includes a subdivision or common interest
development, as defined in Section 4100 of the Civil Code, approved
by a city, county, or city and county and consists of residential
units or unimproved residential lots and either a project to
substantially rehabilitate and convert an existing commercial
building to residential use or the substantial rehabilitation of an
existing multifamily dwelling, as defined in subdivision (d) of
Section 65863.4, where the result of the rehabilitation would be a
net increase in available residential units. For the purpose of
calculating a density bonus, the residential units shall be on
contiguous sites that are the subject of one development application,
but do not have to be based upon individual subdivision maps or
parcels. The density bonus shall be permitted in geographic areas of
the housing development other than the areas where the units for the
lower income households are located.
(j) (1) The granting of a concession or incentive shall not
require or be interpreted, in and of itself, to require a general
plan amendment, local coastal plan amendment, zoning change, study,
or other discretionary approval. For purposes of this subdivision,
"study" does not include reasonable documentation to establish
eligibility for the concession or incentive or to demonstrate that
the incentive or concession meets the definition set forth in
subdivision (k). This provision is declaratory of existing law.
(2) Except as provided in subdivisions (d) and (e), the granting
of a density bonus shall not require or be interpreted to require the
waiver of a local ordinance or provisions of a local ordinance
unrelated to development standards.
(k) For the purposes of this chapter, concession or incentive
means any of the following:
(1) A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements that
exceed the minimum building standards approved by the California
Building Standards Commission as provided in Part 2.5 (commencing
with Section 18901) of Division 13 of the Health and Safety Code,
including, but not limited to, a reduction in setback and square
footage requirements and in the ratio of vehicular parking spaces
that would otherwise be required that results in identifiable and
actual cost reductions, to provide for affordable housing costs, as
defined in Section 50052.5 of the Health and Safety Code, or for
rents for the targeted units to be set as specified in subdivision
(c).
(2) Approval of mixed-use zoning in conjunction with the housing
project if commercial, office, industrial, or other land uses will
reduce the cost of the housing development and if the commercial,
office, industrial, or other land uses are compatible with the
housing project and the existing or planned development in the area
where the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the
developer or the city, county, or city and county that result in
identifiable and actual cost reductions to provide for affordable
housing costs, as defined in Section 50052.5 of the Health and Safety
Code, or for rents for the targeted units to be set as specified in
subdivision (c).
(l) Subdivision (k) does not limit or require the provision of
direct financial incentives for the housing development, including
the provision of publicly owned land, by the city, county, or city
and county, or the waiver of fees or dedication requirements.
(m) This section does not supersede or in any way alter or lessen
the effect or application of the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the Public Resources
Code).
(n) If permitted by local ordinance, nothing in this section shall
be construed to prohibit a city, county, or city and county from
granting a density bonus greater than what is described in this
section for a development that meets the requirements of this section
or from granting a proportionately lower density bonus than what is
required by this section for developments that do not meet the
requirements of this section.
(o) For purposes of this section, the following definitions shall
apply:
(1) "Development standard" includes a site or construction
condition, including, but not limited to, a height limitation, a
setback requirement, a floor area ratio, an onsite open-space
requirement, or a parking ratio that applies to a residential
development pursuant to any ordinance, general plan element, specific
plan, charter, or other local condition, law, policy, resolution, or
regulation.
(2) "Maximum allowable residential density" means the density
allowed under the zoning ordinance and land use element of the
general plan, or, if a range of density is permitted, means the
maximum allowable density for the specific zoning range and land use
element of the general plan applicable to the project. Where the
density allowed under the zoning ordinance is inconsistent with the
density allowed under the land use element of the general plan, the
general plan density shall prevail.
(p) (1) Except as provided in paragraphs (2) and (3), upon the
request of the developer, a city, county, or city and county shall
not require a vehicular parking ratio, inclusive of handicapped and
guest parking, of a development meeting the criteria of subdivisions
(b) and (c), that exceeds the following ratios:
(A) Zero to one bedroom: one onsite parking space.
(B) Two to three bedrooms: two onsite parking spaces.
(C) Four and more bedrooms: two and one-half parking spaces.
(2) Notwithstanding paragraph (1), if a development includes the
maximum percentage of low-income or very low income units provided
for in paragraphs (1) and (2) of subdivision (f) and is located
within one-half mile of a major transit stop, as defined in
subdivision (b) of Section 21155 of the Public Resources Code, and
there is unobstructed access to the major transit stop from the
development, then, upon the request of the developer, a city, county,
or city and county shall not impose a vehicular parking ratio,
inclusive of handicapped and guest parking, that exceeds 0.5 spaces
per bedroom. For purposes of this subdivision, a development shall
have unobstructed access to a major transit stop if a resident is
able to access the major transit stop without encountering natural or
constructed impediments.
(3) Notwithstanding paragraph (1), if a development 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
Section 50052.5 of the Health and Safety Code, then, upon the request
of the developer, a city, county, or city and county shall not
impose a vehicular parking ratio, inclusive of handicapped and guest
parking, that exceeds the following ratios:
(A) If the development is located within one-half mile of a major
transit stop, as defined in subdivision (b) of Section 21155 of the
Public Resources Code, and there is unobstructed access to the major
transit stop from the development, the ratio shall not exceed 0.5
spaces per unit.
(B) If the development is a for-rent housing development for
individuals who are 62 years of age or older that complies with
Sections 51.2 and 51.3 of the Civil Code, the ratio shall not exceed
0.5 spaces per unit. The development shall have either paratransit
service or unobstructed access, within one-half mile, to fixed bus
route service that operates at least eight times per day.
(C) If the development is a special needs housing development, as
defined in Section 51312 of the Health and Safety Code, the ratio
shall not exceed 0.3 spaces per unit. The development shall have
either paratransit service or unobstructed access, within one-half
mile, to fixed bus route service that operates at least eight times
per day.
(4) If the total number of parking spaces required for a
development is other than a whole number, the number shall be rounded
up to the next whole number. For purposes of this subdivision, a
development may provide onsite parking through tandem parking or
uncovered parking, but not through onstreet parking.
(5) This subdivision shall apply to a development that meets the
requirements of subdivisions (b) and (c), but only at the request of
the applicant. An applicant may request parking incentives or
concessions beyond those provided in this subdivision pursuant to
subdivision (d).
(6) This subdivision does not preclude a city, county, or city and
county from reducing or eliminating a parking requirement for
development projects of any type in any location.
(7) Notwithstanding paragraphs (2) and (3), if a city, county,
city and county, or an independent consultant has conducted an
areawide or jurisdictionwide parking study in the last seven years,
then the city, county, or city and county may impose a higher
vehicular parking ratio not to exceed the ratio described in
paragraph (1), based upon substantial evidence found in the parking
study, that includes, but is not limited to, an analysis of parking
availability, differing levels of transit access, walkability access
to transit services, the potential for shared parking, the effect of
parking requirements on the cost of market-rate and subsidized
developments, and the lower rates of car ownership for low-income and
very low income individuals, including seniors and special needs
individuals. The city, county, or city and county shall pay the costs
of any new study. The city, county, or city and county shall make
findings, based on a parking study completed in conformity with this
paragraph, supporting the need for the higher parking ratio.
(8) A request pursuant to this subdivision shall neither reduce
nor increase the number of incentives or concessions to which the
applicant is entitled pursuant to subdivision (d).
(q) Each component of any density calculation, including base
density and bonus density, resulting in fractional units shall be
separately rounded up to the next whole number. The Legislature finds
and declares that this provision is declaratory of existing law.
(r) This chapter shall be interpreted liberally in favor of
producing the maximum number of total housing units.
SEC. 2. (a) Section 1.3 of this bill incorporates amendments to
Section 65915 of the Government Code proposed by both this bill and
Assembly Bill 2442. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 65915 of the Government Code, and (3)
Assembly Bill 2556 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after Assembly Bill 2442, in
which case Sections 1, 1.5, and 1.7 of this bill shall not become
operative.
(b) Section 1.5 of this bill incorporates amendments to Section
65915 of the Government Code proposed by both this bill and Assembly
Bill 2556. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2017, (2) each
bill amends Section 65915 of the Government Code, (3) Assembly Bill
2442 is not enacted or as enacted does not amend that section, and
(4) this bill is enacted after Assembly Bill 2556 in which case
Sections 1, 1.3, and 1.7 of this bill shall not become operative.
(c) Section 1.7 of this bill incorporates amendments to Section
65915 of the Government Code proposed by this bill, Assembly Bill
2442, and Assembly Bill 2556. It shall only become operative if (1)
all three bills are enacted and become effective on or before January
1, 2017, (2) all three bills amend Section 65915 of the Government
Code, and (3) this bill is enacted after Assembly Bill 2442 and
Assembly Bill 2556, in which case Sections 1, 1.3, and 1.5 of this
bill shall not become operative.
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.