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AB-915 Planning and zoning: density bonus: affordable housing ordinances: City and County of San Francisco.(2017-2018)

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Date Published: 08/21/2017 02:00 PM
AB915:v95#DOCUMENT

Amended  IN  Senate  August 21, 2017
Amended  IN  Assembly  May 02, 2017
Amended  IN  Assembly  May 01, 2017
Amended  IN  Assembly  March 15, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 915


Introduced by Assembly Member Ting

February 16, 2017


An act to add Section 65915.4 to the Government Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 915, as amended, Ting. Planning and zoning: density bonus: affordable housing ordinances: City and County of San Francisco.
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.
This bill would require authorize the City and County of San Francisco, if it has adopted an ordinance requiring an affordable housing minimum percentage for housing developments, to apply that ordinance to the total number of housing units in the development, including any additional housing units granted pursuant to these provisions, unless the city and county exempts those additional housing units from the ordinance. after there has been an affirmative declaration made by the Department of Housing and Community Development that the affordable housing minimum percentage required is broadly feasible for density bonus projects, as provided. The bill would provide that it would not apply to an applicant seeking a density bonus for a proposed housing development if his or her application was submitted to, or processed by, the City and County of San Francisco before January 1, 2018.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 65915.4 is added to the Government Code, to read:

65915.4.
 (a) If the City and County of San Francisco has adopted an ordinance requiring an affordable housing minimum percentage for housing developments, the city and county shall may apply that ordinance to the total number of housing units in the development, including any additional housing units granted pursuant to Section 65915, unless the city and county exempts those additional housing units from the ordinance. after there has been an affirmative declaration made by the Department of Housing and Community Development that the affordable housing minimum percentage required is broadly feasible for density bonus projects, which the department shall make by June 30, 2018. The feasibility assessment shall include, but not be limited to, confirmation that the minimum percentage will not reduce the amount of total housing produced pursuant to the density bonus, and will not reduce the amount of affordable housing produced pursuant to the density bonus. Any affirmative declaration by the department shall expire on June 30 of the following calendar year, at which point it may be reauthorized by the department for one year, as provided above. This reauthorization shall be sent with the department’s response to the City and County of San Francisco’s annual production report, outlined in paragraph (2) of subdivision (a) of Section 65400. If the department fails to issue an affirmative or negative declaration to reauthorize by June 30 of the following calendar year, the City and County of San Francisco may apply that ordinance to development for a one-time, one-year grace period, after which the authorization shall lapse until the department issues an affirmative declaration.
(b) This section does not apply to an applicant seeking a density bonus for a proposed housing development if his or her application was submitted to, or processed by, the City and County of San Francisco before January 1, 2018.

SEC. 2.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the uniquely severe shortage of affordable housing within the City and County of San Francisco.