SB 92: Housing development: density bonuses: mixed-use developments.

Existing law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development, as defined, within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct specified percentages of units for lower income households or very low income households, and meets other requirements. Existing law defines housing development to mean a development project for 5 or more residential units, including mixed-use developments, as specified.

This bill would revise and recast the definition of housing development for purposes of the Density Bonus Law to instead mean a development project for 5 or more residential units, including mixed-use developments if at least two thirds of the square footage of the mixed-use development is designated for residential use, as specified. By revising and expanding the duties for a city, county, or a city and a county to administer the Density Bonus Law with respect to mixed-use developments, this bill would impose a state-mandated local program.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.