Bill Text: CA AB2372 | 2017-2018 | Regular Session | Introduced

California Assembly Bill 2372 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Planning and zoning: density bonus: floor area ratio bonus.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2018-09-29 - Chaptered by Secretary of State - Chapter 915, Statutes of 2018. [AB2372 Detail]

Download: California-2017-AB2372-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2372

Introduced by Assembly Member Gloria
(Coauthors: Assembly Members Gonzalez Fletcher, Low, and Santiago)

February 14, 2018

An act to add Section 65917.2 to the Government Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

AB 2372, as introduced, Gloria. Planning and zoning: density bonus: floor area ratio bonus.

The Planning and Zoning Law requires, when an applicant proposes a housing development within the jurisdiction of a 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. That law also authorizes a city council or county board of supervisors to establish a procedure by ordinance to grant the developer of a commercial or industrial project that meets specified criteria a density bonus, defined for this purpose as a floor area ratio bonus over the otherwise maximum allowable density permitted, when the developer has set aside a specified area to be used for a child care facility, as provided.

This bill would authorize a city council or county board of supervisors to establish a procedure by ordinance to grant a developer of an eligible housing development a floor area ratio bonus in lieu of a density bonus awarded on the basis of dwelling units per acre. The bill would define “eligible housing development” as a development that meets specified criteria related to residential use, location, zoning, and affordability. The bill would prohibit the city council or county board of supervisors from imposing any parking requirement on an eligible housing development in excess of specified ratios.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 65917.2 is added to the Government Code, to read:

65917.2.

(a) As used in this section, the following terms shall have the following meanings:

(1) “Eligible housing development” means a development that satisfies all of the following criteria:

(A) The development is a multifamily housing development that contains five or more residential units, exclusive of any other density bonus or incentive awarded pursuant to this chapter.

(B) The development is located within one of the following:

(i) An urban infill site that is within a transit priority area.

(ii) One-half mile of a major transit stop.

(C) The site of the development is zoned to allow residential use with a minimum planned density of at least 20 dwelling units per acre and does not include any land zoned for low density residential use or for nonresidential use.

(D) The applicant and the development satisfy the affordability criteria specified in subdivisions (b) and (c) of Section 65915.

(E) In addition to those criteria specified in subparagraph (D), the development includes both of the following:

(i) At least 11 percent of the units with an affordable housing cost or affordable rent to persons and families with a household income equal to or less than 50 percent of the area median income, as determined pursuant to Section 50093 of the Health and Safety Code.

(ii) At least 20 percent of the units with an affordable housing cost or affordable rent to persons with a household income equal to or less than 80 percent of the area median income, as determined pursuant to Section 50093 of the Health and Safety Code.

(F) The development complies with the height requirements applicable to the underlying zone. A development shall not be eligible to use density bonus or other incentives provided pursuant to Section 65915 to relieve the development from a maximum height limitation.

(2) “Floor area ratio” means the ratio of gross building area of the eligible housing development, excluding structured parking areas, proposed for the project divided by the net lot area. For purposes of this paragraph, “gross building area” means the sum of all finished areas of all floors of a building included within the outside faces of its exterior walls.

(3) “Floor area ratio bonus” means an allowance for an eligible housing development to utilize a floor area ratio over the otherwise maximum allowable density permitted under the applicable zoning ordinance and land use elements of the general plan of a city or county.

(4) “Major transit stop” has the same meaning as defined in Section 21155 of the Public Resources Code.

(5) “Transit priority area” has the same meaning as defined in Section 21099 of the Public Resources Code.

(b) A city council, including a charter city council or the board of supervisors of a city and county, or county board of supervisors may establish a procedure by ordinance to grant a developer of an eligible housing development a floor area ratio bonus in lieu of a density bonus awarded on the basis of dwelling units per acre, whichever provides greater public benefit in relation to affordable housing.

(c) The city council or county board of supervisors shall not impose any parking requirement on an eligible housing development in excess of 0.1 parking spaces per unit that is affordable to persons and families with a household income equal to or less than 120 percent of the area median income and 0.5 parking spaces per unit that is offered at market rate.

(d) In the case of an eligible housing development that is zoned for mixed-use purposes, any floor area ratio requirement under a zoning ordinance or land use element of the general plan of the city or county applicable to the nonresidential portion of the eligible housing development shall continue to apply notwithstanding the award of a floor area ratio bonus in accordance with this section.