California Assembly Bill AB1934 Amended / Bill

 BILL NUMBER: AB 1934AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 14, 2016 AMENDED IN ASSEMBLY APRIL 4, 2016 INTRODUCED BY Assembly Member Santiago FEBRUARY 12, 2016 An act to add Section 65915.7 to the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGEST AB 1934, as amended, Santiago. Planning and zoning: density bonuses: mixed-use projects. 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, low-, or moderate-income households or qualifying residents. This bill would, when an applicant for approval for commercial development agrees to partner with an affordable housing developer to construct a mixed-used project for which the housing will be  either  located onsite at the proposed commercial  development or located within a one-mile radius of the proposed commercial  development, require a city, county, or city and county to grant to the commercial developer a density bonus, as specified. By increasing the duties of local officials relating to the administration of density bonuses, this bill would create 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares that the development of affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 65915.7 of the Government Code, as proposed to be added by this act, shall apply to all cities, including charter cities. SEC. 2. Section 65915.7 is added to the Government Code, to read: 65915.7. (a) When an applicant for approval for commercial development agrees to partner with an affordable housing developer to construct a mixed-used project for which the housing will be  either  located onsite at the proposed commercial  development or located within a one-mile radius of the proposed commercial  development, the city, county, or city and county shall, in addition to any density bonus and incentives or concessions granted to the affordable housing developer as prescribed in Section 65915, grant to the commercial developer a density bonus as prescribed in subdivision (b). (b) The density bonus granted to the commercial developer shall mean  a density increase of up to 20 percent variance   exceptions resulting in significant cost reductions over the maximum allowable intensity in the general plan, zoning ordinance, or other regulation  of the city, county, or city and  county's zoning ordinance or regulation,   county,  including, but not limited to, floor area  ratios or commercial linkage fees.   ratios, and may include modification to development standards such as height and parking requirements.  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.