Housing development: density bonus.

Source-provided summary

(1) Existing law, commonly referred to as the Density Bonus Law, requires a city or county to grant a density bonus, other incentives or concessions, and waivers or reductions of development standards, as specified, to an applicant for a housing development when the applicant seeks a density bonus for the housing development, as specified, if the applicant agrees to construct, among other things, a specified percentage of units for very low income, lower income, or senior citizen housing, and meets other requirements. This bill would, instead, require a city or county to grant a density bonus, other incentives or concessions, and waivers or reductions of development standards, as specified, to an applicant for a housing development when the applicant submits an application for a housing development that a city, county, or city and county determines meets specified criteria, including, among others, the housing development includes specified percentage of units for very low income, lower income, or senior citizen housing. (2) Existing law defines density bonus for the purposes of the Density Bonus Law to mean a density increase over the otherwise base density, as specified. Existing law specifies the base density calculation standards and requires base density to be determined using dwelling units per acre, except as otherwise provided. For the purpose of calculating a density bonus, existing law requires the residential units to be on contiguous sites that are the subject of one development application, as specified. Existing law also requires the density bonus to be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. This bill would allow an applicant who provides a base density study, as defined, to elect to receive a density bonus in the form of a percentage increase in maximum floor area ratio, as specified. The bill would create an additional exception to the requirement that base density be determined using dwelling units per acre for applicants who elect to provide a base density study. This bill would revise and recast the provisions related to permitting of a density bonus relative to the geographic area to instead require a density bonus, incentive, or concession, or waiver or reduction, on sites that are the subject of the same housing development, as specified. (3) Existing law requires a city or county to adopt procedures and timelines for processing a density bonus application and to notify the applicant for a density bonus whether the application is complete in a manner consistent with specified timelines. If the local government notifies the applicant that the application is deemed complete, this bill would require the city or county to provide the applicant with a determination that the project is eligible for a density bonus. (4) Existing law authorizes an applicant for a density bonus to submit to a city or county a proposal for the specific incentives or concessions that the applicant requests and requires the city or county to grant the concession or incentive requested by the applicant unless the city or county makes a certain written finding, based upon substantial evidence. Existing law specifies the number of incentives or concessions an applicant is eligible to receive based on certain criteria. This bill would make revisions to certain of those calculations related to incentives or concessions. (5) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law specifies that the granting of a density bonus or incentive or concessions shall not require or be interpreted to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. Existing law also specifies that the granting of an incentive or concessions shall not require or be interpreted to require a study. This bill would specify that the granting of a waiver or reduction of development standards shall not require or be interpreted to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. The bill would also specify that the granting of a density bonus, incentive or concession, or waiver or reduction of development standards shall not be discretionary. The bill would specify that the granting of a density bonus, incentive or concession, or waiver or reduction of development standards shall not require or be interpreted to require environmental review under CEQA. (6) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (7) This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 2480, SB 1383, or both, to be operative only if this bill and AB 2480, SB 1383, or both, are enacted and this bill is enacted last. (8) By imposing new requirements on local governments, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.