Density Bonus Law: qualifications for incentives or concessions: student housing for lower income students: moderate-income persons and families: local government constraints.

Existing law, known as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development in the city or county 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 agrees to, among other things, construct a specified percentage of units for very low income, low-income, or moderate-income households or qualifying residents, including lower income students. Existing law requires the amount of a density bonus and the number of incentives or concessions a qualifying developer receives to be pursuant to a certain formula based on the total number of units in the housing development, as specified. This bill would require a unit designated to satisfy the inclusionary zoning requirements of a city or county to be included in the total number of units on which a density bonus and the number of incentives or concessions are based. The bill would require a city or county to grant one incentive or concession for a student housing development project that will include at least 20% of the total units for lower income students. Existing law requires a city or county to grant a density bonus and certain incentives or concessions if the developer agrees to construct a common interest development that will contain a specified percentage of units for persons and families of moderate income, as specified, if all units in the development are offered to the public for purchase. This bill would instead require a city or county to grant that density bonus and those incentives or concessions if the developer agrees to construct a housing development that will contain that specified percentage of units for persons and families of moderate income, as specified. Existing law, upon the request of the developer, prohibits a city or county from imposing a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit, if the development meets specified affordability requirements, including at least 20% low-income units or at least 11% very low income units, is located within one-half mile of a major transit stop, and the residents of the development have unobstructed access to the major transit stop from the development. This bill, would, additionally, upon the request of the developer, prohibit a city or county from imposing the above-described parking ratio, if the development meets specified affordability requirements, including at least 40% moderate-income units, is located within one-half mile of a major transit stop, and the residents of the development have unobstructed access to the major transit stop from the development. Existing law requires the planning agency of the city or county to provide to the Department of Housing and Community Development, the Office of Planning and Research, and the legislative body of the city or county, by April 1 of each year, an annual report that includes, among other things, the city or county's progress in meeting its share of the regional housing needs. This bill would require the planning agency to include in that report the number of units in a student housing development for lower income students for which the developer was granted a density bonus. Existing law authorizes a city or county to refuse a concession or incentive if the city or county makes a written finding, based upon substantial evidence, that the concession or incentive would have a specified adverse impact on public health and safety, the physical environment, or real property listed in the California Register of Historical Resources. Existing law also prohibits certain provisions from being interpreted to require a local government to waive or reduce development standards if, among other reasons, the waiver or reduction would have a specified adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specified adverse impact. This bill would remove the specified adverse impact on the physical environment from the list of reasons for which a city or county is authorized to refuse a concession, an incentive, or a waiver or reduction of a development standard. This bill would make findings and declarations related to the modifications to the Density Bonus Law made by this bill. By imposing additional requirements on local governments with respect to 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.