AB 2797: Planning and zoning: density bonuses.

Existing law, 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, if requested by the applicant, other incentives or concessions, waivers or reductions of development standards, and parking ratios, 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 provides that these provisions do not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976, which provides for the regulation of development of certain lands within the coastal zone, as defined.

This bill would require that any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled under the Density Bonus Law be permitted in a manner that is consistent with that law and the California Coastal Act of 1976. This bill would also declare the intent of the Legislature in this regard.

This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 2753 and SB 1227 to be operative only if this bill and either or both AB 2753 and SB 1227 are enacted and this bill is enacted last.