SB 713: Planning and zoning: density bonuses: development standard.

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. Existing law prohibits a city, county, or city and county from applying any development standard that will have the effect of physically precluding the construction of a development meeting specified criteria at the densities or with the concessions or incentives permitted by the Density Bonus Law. Existing law defines development standard as including a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.

This bill would specify that development standard for these purposes includes these standards adopted by the local government or enacted by the local governments electorate exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the local government.

The bill would include findings that changes proposed by this 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 AB 323 and AB 1287 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.