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AB-2372 Planning and zoning: density bonus: floor area ratio bonus.(2017-2018)

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Date Published: 06/04/2018 09:00 PM
AB2372:v95#DOCUMENT

Amended  IN  Senate  June 04, 2018
Amended  IN  Assembly  April 30, 2018
Amended  IN  Assembly  April 19, 2018
Amended  IN  Assembly  April 12, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2372


Introduced by Assembly Member Gloria
(Coauthors: Assembly Members Carrillo, 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 amended, 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, upon the request of the developer, a floor area ratio bonus, calculated as provided, 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, replacement of units, 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. The bill would require a city or county that adopts a floor area ratio bonus ordinance to allow an applicant seeking to develop an eligible residential development to calculate impact fees based on square feet, instead of on a per unit basis. The bill would also authorize an applicant for a floor area ratio bonus to submit a proposal for specified additional incentives or concessions, as provided.
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 floor area ratio bonus or incentive or concession 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 replacement requirements specified in subdivision (c) of Section 65915.
(E) The development includes at least 20 percent of the units, excluding any additional units allowed under a floor area ratio bonus or other incentives or concessions provided pursuant to this chapter, with an affordable housing cost or affordable rent to, and occupied by, persons 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, and subject to an affordability restriction for a minimum of 55 years.
(F) The development complies with the height requirements applicable to the underlying zone. A development shall not be eligible to use a floor area ratio bonus or other incentives or concessions provided pursuant to this chapter 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. county, calculated pursuant to paragraph (2) of subdivision (b).
(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) (1) 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, upon the request of the developer, a floor area ratio bonus, calculated as provided in paragraph (2), in lieu of a density bonus awarded on the basis of dwelling units per acre.
(2) In calculating the floor area ratio allowed bonus pursuant to a floor area ratio bonus allowed under this section, the allowable gross residential floor area in square feet shall be the product of all of the following amounts:
(A) The allowable residential base density in dwelling units per acre.
(B) The site area in square feet, divided by 43,560.
(C) 2,250.
(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) A city or county that adopts a floor area ratio bonus ordinance pursuant to this section shall allow an applicant seeking to develop an eligible residential development to calculate impact fees based on square feet, instead of on a per unit basis.
(e) 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.
(f) An applicant for a floor area ratio bonus pursuant to this section may also submit to the city, county, or city and county a proposal for specific incentives or concessions pursuant to subdivision (d) of Section 65915.
(g) (1) This section shall not be interpreted to do either of the following:
(A) Supersede or preempt any other section within this chapter.
(B) Prohibit a city, county, or city and county from providing a floor area ratio bonus under terms that are different from those set forth in this section.
(2) The adoption of an ordinance pursuant to this section shall not be interpreted to relieve a city, county, or city and county from complying with Section 65915.