(Padilla D) Planning and zoning: density bonuses: development standard.

Current Text: Amended: 4/17/2023 

Status:
10/11/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 784, Statutes of 2023.
4/17/2023-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on HOUSING.

Summary: 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 government’s 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. This bill contains other related provisions.