Existing law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus, waivers or reductions of development standards, parking ratios, and other incentives or concessions, as specified, if the developer agrees to construct certain types of housing, including, among other types of housing, housing that will include specified percentages of units for rental or sale to lower income households or very low income households, as specified. Existing law requires a city or county to grant incentives or concessions requested by an applicant for a density bonus except under prescribed circumstances. Existing law defines "incentives or concessions" to include, among other things, a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards, as specified, and regulatory incentives or concessions proposed by the developer or the city or county that result in identifiable and actual cost reductions to provide for affordable housing costs, as specified. This bill would exclude, for buildings over 85 feet in height above grade, a reduction in site development standards, a modification of zoning code or architectural design requirements, and other regulatory incentives or concessions that include or relate to a labor standard, as defined, that have been adopted by the local government entity from the definition of "incentives or concessions." The bill would provide that, for purposes of these provisions, the applicable labor standards are those that do not exceed certain statutory requirements, as specified, as those requirements existed on December 31, 2025. This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 2433, AB 2480, or both, to be operative only if this bill and AB 2433, AB 2480, or both, are enacted and this bill is enacted last.
Existing law makes the violation of a county ordinance or a city ordinance a misdemeanor unless by ordinance it is made an infraction. Existing law specifies monetary fines for any violation of local ordinances that is an infraction, not to exceed specified amounts that vary based on the circumstances of the violation, as prescribed. This bill would, notwithstanding those provisions, authorize the county board of supervisors to impose fines, penalties, and forfeitures for violations of ordinances and to fix the penalty by a fine or imprisonment, or both. The bill would also establish the amount of the fine that may be imposed for the violation of a city or county ordinance, where the violation pertains to a nonresidential structure with a floor area of 20,000 or more square feet and the violation poses a threat to health and safety, to not exceed $1,000 for the first violation, $2,000 for the 2nd violation within 5 years of the first violation, and $5,000 for subsequent violations within 5 years of the first violation, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.
Under the Planning and Zoning Law, the legislative body of a county or city may adopt ordinances that, among other things, regulate the use of buildings, structures, and land, as provided. The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps. Existing law authorizes a development proponent to submit an application for a housing development project on a subdivided lot, as specified, that meets specified requirements, and requires a local agency to ministerially consider that application, as specified. Existing law requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets specified requirements. This bill would, until January 1, 2030, provide that the above-described ministerial approval requirements do not apply to an application for a proposed housing development or map located in ZIP Code 91001 or 91003 and submitted on or after October 1, 2026, except as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the unincorporated area known as Altadena in the County of Los Angeles. This bill would incorporate additional changes to Section 65852.28 of the Government Code proposed by AB 2601 and SB 1116 to be operative only if this bill and either or both AB 2601 and SB 1116 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 66499.41 of the Government Code proposed by AB 2601 and SB 1116 to be operative only if this bill and either or both AB 2601 and SB 1116 are enacted and this bill is enacted last. This bill would declare that it is to take effect immediately as an urgency statute.
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. CEQA requires that an action or proceeding to attack, review, set aside, void, or annul specified acts or decisions of a public agency on the grounds of noncompliance with CEQA be commenced in accordance with specified timeframes. Existing law, the Subdivision Map Act, vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act requires an action or proceeding against a decision of a local agency taken pursuant to that act to be commenced within a certain time period, as specified. This bill would prohibit an action or proceeding to enforce the Subdivision Map Act from being maintained if certain criteria exist, including that the action or proceeding to enforce the Subdivision Map Act includes substantially similar claims or issues to claims or issues raised in an action or proceeding to enforce CEQA and the defendant in the action or proceeding to enforce the Subdivision Map Act was the defendant in the action or proceeding to enforce CEQA. The bill would provide that its provisions do not prohibit or abrogate specified actions, including the filing of timely objections to an agency's return to a writ seeking to enforce its specific mandates or timely filing of a separate action relating to the same project, as specified. The bill would repeal these provisions on January 1, 2032.
Existing law requires a housing development project to be an allowed use as a transit-oriented housing development if certain requirements are met. Existing law provides that these provisions do not apply to a local agency until July 1, 2026, unless the local agency takes specified actions. Existing law defines various terms for these purposes. Existing law prohibits a local government from adopting any requirement that applies to a project solely or partially on the basis that the project is seeking approval as a transit-oriented housing development, as specified. This bill would additionally prohibit a local government with an existing or planned transit-oriented development stop from taking specified actions with respect to transit agencies and transit projects.
