AB 744 California Assembly · 2015-2016 Regular Session

Planning and zoning: density bonuses.

Summary
The Planning and Zoning Law requires, when a developer of housing 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 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. Existing law requires continued affordability for 55 years or longer, as specified, of all very low and low-income units that qualified an applicant for a density bonus. Existing law prohibits a city, county, or city and county from requiring a vehicular parking ratio for a housing development that meets these criteria in excess of specified ratios. This prohibition applies only at the request of the developer and specifies that the developer may request additional parking incentives or concessions. This bill would, notwithstanding the above-described provisions, additionally prohibit, at the request of the developer, a city, county, or city and county from imposing a vehicular parking ratio, inclusive of handicapped and guest parking, in excess of 0.5 spaces per bedroom on a development that includes the maximum percentage of low- or very low income units, as specified, and is located within12 mile of a major transit stop, as defined, and there is unobstructed access to the transit stop from the development. The bill would also prohibit, at the request of the developer, a city, county, or city and county from imposing a vehicular parking ratio, inclusive of handicapped and guest parking, in excess of specified amounts per unit on a development that consists solely of units with an affordable housing cost to lower income households, as specified, if the development is within12 mile of a major transit stop and there is unobstructed access to the transit stop from the development, is a for-rent housing development for individuals that are 62 years of age or older that complies with specified existing laws regarding senior housing, or is a special needs housing development, as those terms are defined. The bill would require a subject development that is a for-rent housing development for individuals that are 62 years of age or older or a special needs housing development to have either paratransit service or unobstructed access, within 12 mile, to fixed bus route service that operates at least 8 times per day. The bill would authorize a city, county, or city and county to impose a higher vehicular parking ratio based on substantial evidence found in an areawide or jurisdictionwide parking study, as specified. The bill would make findings and declarations, including that the subject of the bill is a matter of statewide concern and not a municipal affair. By imposing additional duties on local governments in awarding density bonuses, this 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.
Bill status signed all 5 stages cleared
Introduction
Feb 2015
Committee Review
Sep 2015
Assembly Passage
Jun 2015
Senate Passage
Aug 2015
Signed into Law
Oct 2015
Introduced Feb 25, 2015 Signed Oct 9, 2015
Floor votes · Senate Aug 31, 2015 · Assembly Jun 4, 2015

How they voted

20–12
Passed · 3 other
Total votes 35
Aug 31, 2015
D Democratic24
20 Yea 1 Nay 3
83% Yea
R Republican11
11 Nay
100% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
29
Key actions
10
Committee
15
Amendments
2
Oct 9, 2015
Signed into law
Approved by the Governor.
legislature
Sep 2, 2015
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 25. Page 2771.).
lower
Aug 31, 2015
Senate · Passed
Senate Vote: pass (20-12-3)
senate
Aug 31, 2015
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.
lower
Aug 18, 2015
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
Aug 17, 2015
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.
upper
Jul 15, 2015
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 15). Re-referred to Com. on APPR.
upper
Jul 8, 2015
Committee
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.
upper
Jul 8, 2015
Committee
From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 7. Noes 4.) (July 7). Re-referred to Com. on GOV. & F.
upper
Jun 30, 2015
Upper · Passed
In committee: Testimony taken. Hearing postponed by committee.
upper
Jun 23, 2015
Committee
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.
upper
Jun 18, 2015
Committee
Referred to Coms. on T. & H. and GOV. & F.
upper
Jun 4, 2015
Assembly · Passed
Assembly Vote: pass (49-22-4)
assembly
May 27, 2015
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 4.) (May 27).
lower
May 13, 2015
Lower · Passed
In committee: Hearing postponed by committee.
lower
Apr 30, 2015
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (April 29). Re-referred to Com. on APPR.
lower
Apr 15, 2015
Committee
From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 6. Noes 1.) (April 15). Re-referred to Com. on L. GOV.
lower
Apr 6, 2015
Committee
Re-referred to Com. on H. & C.D.
lower
Mar 26, 2015
Committee
Referred to Coms. on H. & C.D. and L. GOV.
lower
Feb 26, 2015
Lower · Passed
From printer. May be heard in committee March 28.
lower
1 primary · 3 co-sponsors

Sponsors