AB 2753: Density bonuses: density bonus application.

Existing law, known as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the jurisdictional boundaries of that 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 construct a specified percentage of units for very low income, low-income, or moderate-income households or qualifying residents, and meets other requirements. Existing law requires a city or county to adopt procedures and timelines for processing a density bonus application and provide a list of documents and information required to be submitted with the application in order for it to be deemed complete. Existing law requires a city or county to notify an applicant whether the application is complete within 30 calendar days or receiving the application, or a resubmittal of that application, and establishes an appeal process for that decision.

This bill would additionally require a city or county to provide the applicant with a determination as to the amount of density bonus and any parking ratios requested by the applicant for which the development is eligible and whether the applicant has provided adequate information to make a determination as to any incentives, concessions, or waivers or reductions development standards requested by the applicant. The bill would require that this determination be based on the development project at the time the application is deemed complete and that the city or county adjust the amount of density bonus and parking ratios awarded based on any changes to the project during the course of development. By adding to the duties of local planning officials in considering applications for density bonuses and other incentives or concessions, the bill would impose a state-mandated local program.

The bill would include findings that the changes proposed by the bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

This bill would incorporate additional changes to Section 65915 of the Government Code proposed by SB 1227 and AB 2797 to be operative only if this bill and either or both SB 1227 and AB 2797 are enacted and this bill is enacted last.

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.