(1) Existing law, 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 and other incentives or concessions, as specified, if the developer agrees to construct specified percentages of units for lower income, very low income, or senior citizen housing, among other things, and meets other requirements. Existing law requires that an applicant agree to, and the city, county, or city and county ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for a density bonus, as provided. Existing law, for developments where 100% of all units are for lower income households, except as provided, requires that rent for 20% of the units be set at an affordable rent and that rent for the remaining units be at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee (CTCAC) . Existing law, with respect to a for-sale unit that qualified the applicant for a density bonus, also requires that the local government enforce an equity sharing agreement, as provided, unless it is in conflict with the requirements of another public funding source or law.
This bill, with respect to the affordability requirements applicable to 100% lower income developments, would instead require the rent for the remaining units in the development be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by CTCAC. The bill, with regard to the enforcement of equity sharing agreements for for-sale units, would also permit the local government to defer to the recapture provisions of the public funding source. The bill would also make a technical change to the Density Bonus Law by deleting duplicative provisions relating to for-sale units subject to the above-described provisions.
(2) Under existing law, for projects where 100% of all units are for lower income households, except as provided, a city, county, or city and county is required to award to an applicant under the Density Bonus Law a height increase of up to 3 additional stories, or 33 feet, if the project is located within 12 mile of a major transit stop and is prohibited from imposing any maximum controls on density on the project if the project is located within 12 mile of a major transit stop.
This bill would also award the above-described height increase if the project is located within a very low vehicle travel area, as defined. The bill would also prohibit the above-described maximum controls on density if the project is located in a designated county, and within a very low vehicle travel area.
This bill would define "designated county" to include the Counties of Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Mateo, Santa Barbara, Santa Clara, Solano, Sonoma, and Ventura.This bill would make legislative findings and declarations as to the necessity of a special statute for those counties.
(3) Existing law defines various terms for purposes of the Density Bonus Law, including "development standard" and "maximum allowable residential density." That law defines "maximum allowable residential density" as the density allowed under the zoning ordinance and land use element of the general plan, or as described, and states that if the density is inconsistent between the zoning ordinance and land use element of the general plan, the general plan density prevails.
This bill would expand the definition of "development standard" to include a minimum lot area per unit requirement. The bill would also modify the definition of "maximum allowable residential density" to account for density allowed in a specific plan, to provide that where the density allowed in the zoning ordinance is inconsistent with that allowed in the land use element of the general plan or specific plan, the greater prevails, and to set forth how density is determined.
(4) Existing law prohibits, upon the request of the developer, a city, county, or city and county from requiring a vehicular parking ratio that exceeds specified ratios. Existing law, however, prohibits the imposition of any vehicular parking standards if a development consists solely of rental units, as described, and if the development meets any of specified criteria, including if the development is a for-rent housing development for individuals who are 62 years of age or older, as specified.
This bill would instead prohibit the imposition of any vehicular parking standards if a development is for a project where 100% of all units are for lower income households, except as provided, and meets any of the specified criteria. The bill would also modify those criteria.
(5) By imposing additional duties on local officials in administering the Density Bonus Law, this bill would create 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 no reimbursement is required by this act for a specified reason.
(6) This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 682 to be operative only if this bill and AB 682 are enacted and this bill is enacted last.

Statutes affected:
AB2334: 65915 GOV
02/16/22 - Introduced: 65915 GOV
03/28/22 - Amended Assembly: 65915 GOV
04/18/22 - Amended Assembly: 65915 GOV
05/02/22 - Amended Assembly: 65915 GOV
08/01/22 - Amended Senate: 65915 GOV
08/18/22 - Amended Senate: 65915 GOV
08/24/22 - Amended Senate: 65915 GOV, 65915 GOV
09/01/22 - Enrolled: 65915 GOV, 65915 GOV
09/28/22 - Chaptered: 65915 GOV, 65915 GOV
AB 2334: 65915 GOV