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 concessions or 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 the term "density bonus" for these purposes to mean a density increase over the otherwise maximum allowable gross residential density as of the date of the application, as described. Existing law defines the term "maximum allowable residential density" for these purposes to mean the maximum number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, the maximum number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Existing law provides under that definition that if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater density prevails.
This bill would instead define "maximum allowable residential density" to mean the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. The bill would also remove from that definition the provision stating that the greater density prevails if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan.
This bill would require a city, county, or city and county to grant an additional density bonus, calculated as specified, when (1) an applicant proposes to construct a housing development that conforms to specified requirements, (2) the applicant agrees to include additional rental or for-sale units affordable to very low income households or moderate-income households, as specified, and (3) the housing development conforms to specified requirements and provides 24% of the total units to lower income households, conforms to specified requirements and provides 15% of the total units to very low income households, or conforms to specified requirements and provides 44% of the total units to moderate-income units. The bill would require a city, county, or city and county to grant four incentives or concessions for a project that includes at least 16% of the units for very low income households or at least 45% for persons and families of moderate income in a development in which the units are for sale. The bill would increase the incentives or concessions for a project in which 100% of all units are for lower income households, as specified, from 4 to 5.
The Density Bonus Law prohibits a local government from conditioning the submission, review, or approval of an application pursuant to the Density Bonus Law on the preparation of an additional report or study that is not otherwise required by state law, but provides that this provision does not prohibit a local government from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios, as specified.
This bill would instead provide that this provision does not prohibit a local government from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus and parking ratios, as specified.
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.
This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 323 and SB 713 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.

Statutes affected:
AB1287: 65915 GOV, 65915 GOV, 65915 GOV, 65915 GOV
02/16/23 - Introduced: 65915 GOV
03/21/23 - Amended Assembly: 65915 GOV
04/13/23 - Amended Assembly: 65915 GOV
04/26/23 - Amended Assembly: 65915 GOV
06/21/23 - Amended Senate: 65915 GOV
07/10/23 - Amended Senate: 65915 GOV
08/14/23 - Amended Senate: 65915 GOV
08/23/23 - Amended Senate: 65915 GOV
09/08/23 - Amended Senate: 65915 GOV, 65915 GOV, 65915 GOV, 65915 GOV, 65915 GOV, 65915 GOV, 65915 GOV
09/18/23 - Enrolled: 65915 GOV, 65915 GOV, 65915 GOV, 65915 GOV
10/11/23 - Chaptered: 65915 GOV, 65915 GOV, 65915 GOV, 65915 GOV
06/21/23 - Amended Assembly: 65915 GOV
AB 1287: 65915 GOV