BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          AB 2442           Hearing Date:     6/21/2016
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          |Author:   |Holden                                                |
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          |Version:  |4/14/2016                                             |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Alison Dinmore                                        |
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          SUBJECT:  Density bonuses


            DIGEST:  This bill requires local agencies to grant a density  
          bonus when a developer agrees to construct housing for  
          transitional foster youth, disabled veterans, or homeless  
          persons.  

          ANALYSIS:
          
          Existing law:
          
          1)  Defines "foster youth" to mean a person who is currently in  
            foster care, and "former foster youth" means a person who is  
            an emancipated foster youth and who is up to 24 years of age. 

          2)  Defines "disabled veteran" to mean any veteran who is  
            currently declared by the United States Veterans  
            Administration to be 10% or more disabled as a result of  
            service in the armed forces.  Proof of such disability shall  
            be deemed conclusive, if it is of record in the United States  
            Veterans Administration.  

          3)  Requires all cities and counties to adopt an ordinance that  
            specifies how they will implement state density bonus law.  

          4)  Requires cities and counties to grant a density bonus when  
            an applicant for a housing development of five or more units  
            seeks and agrees to construct a project that will contain at  
            least any one of the following: 







          AB 2442 (Holden)                                   Page 2 of ?
          
          

             a)  10% of the total units of a housing development for lower  
               income households
             b)  5% of the total units of a housing development for very  
               low-income households
             c)  A senior citizen housing development or mobile home park
             d)  10% of the units in a common interest development (CID)  
               for moderate-income households.  

          5)  Requires the city or county to allow an increase in density  
            of 20% over the otherwise maximum allowable residential  
            density under the applicable zoning ordinance and land use  
            element of the general plan for low-income, very low-income,  
            or senior housing, and by 5% for moderate-income housing in a  
            CID.

          This bill:

          1)  Requires a local agency to grant one density bonus when an  
            applicant for a housing development seeks and agrees to  
            construct a housing development that contains 10% of the total  
            units for transitional foster youth, disabled veterans, or  
            homeless persons.

          2)  Requires the units to be subject to a recorded affordability  
            restriction of 55 years and to be provided at the same  
            affordability level as very low-income units.

          3) Specifies, for housing developments meeting the criteria of  
            (1) above that the density bonus shall be 20% of the number of  
            the type of units giving rise to a density bonus, thus making  
            the density bonus for (1) above consistent with the density  
            bonus that a developer receives for senior housing units.  

          COMMENTS:

          1)  Purpose. According to the author, many at-risk populations,  
            especially in urban and suburban areas where affordable  
            housing is needed, can benefit from additional affordable  
            housing through partnerships within the community.  Providing  
            affordable housing options to these populations can be paired  
            with available incentives to build more dense housing.  This  
            bill seeks to remedy the problem by adding transitional  
            populations to ensure that none of these at-risk members of  
            society are left behind.  








          AB 2442 (Holden)                                   Page 3 of ?
          
          

          2)  Density bonus law.  Given California's high land and  
            construction costs for housing, it is extremely difficult for  
            the private market to provide housing units that are  
            affordable to low- and even moderate-income households.   
            Public subsidy is often required to fill the financial gap on  
            affordable units.  Density bonus law allows public entities to  
            reduce or even eliminate subsidies for a particular project by  
            allowing a developer to include more total units in a project  
            than would otherwise be allowed by the local zoning in  
            exchange for affordable units.  Allowing more total units  
            permits the developer to spread the cost of the affordable  
            units more broadly over the market-rate units.  The idea of  
            density bonus law is to cover at least some of the financing  
            gap of affordable housing with regulatory incentives, rather  
            than additional subsidy.

            Under existing law, if a developer proposes to construct a  
            housing development with a specified percentage of affordable  
            units, the city or county must provide all of the following  
            benefits: a density bonus, incentives, or concessions  
            (hereafter referred to as incentives); waiver of any  
            development standards that prevent the developer from  
            utilizing the density bonus or incentives; and reduced parking  
            standards.

          3)  Projects eligible for density bonus.  To qualify for the  
            benefits of this provision, a proposed housing development  
            must meet one of the following criteria:
            
             a)   Include at least 5% of the units affordable to very  
               low-income households

             b)   Include at least 10% of the units affordable to  
               low-income households

             c)   Include at least 10% of the units in a for-sale CID  
               affordable to moderate-income households

             d)   Be a senior housing development.  Units affordable to  
               lower income households must remain affordable for 30  
               years, and for-sale units affordable to moderate-income  
               households must be subject to an equity sharing agreement  
               that returns a proportionate share of appreciation to the  
               local governments upon resale of the home.  








          AB 2442 (Holden)                                   Page 4 of ?
          
          

            If one of these four options is met, a developer is entitled  
            to a base increase in density for the project as a whole  
            (referred to as a density bonus) and one regulatory incentive.  
             At higher levels of affordability, the developer is entitled  
            to a sliding scale of density bonuses, up to a maximum of 35%  
            of the maximum zoning density and up to three incentives.  

            This bill would additionally require a local agency to grant  
            one density bonus when an applicant for a housing development  
            seeks and agrees to construct a housing development that  
            contains 10% of the total units for transitional foster youth,  
            disabled veterans, or homeless persons and requires the units  
            to be subject to a recorded affordability restriction of 55  
            years and provided the same affordability level as very  
            low-income units.  Additionally, this bill specifies that the  
            density bonus shall be 20% of the number of the type of units  
            giving rise to a density bonus, making the density bonus for  
            the bill consistent with the density bonus that a developer  
            would receive for senior housing units. 
          Assembly Votes:

             Floor:    63-8
             Appr:     14-2
             L.Gov:    7-0
             H&CD:     6-1
          
          Related Legislation:
          
          AB 1934 (Santiago) - creates a development bonus for commercial  
          developers that partner with an affordable housing developer to  
          construct a joint project or two separate projects encompassing  
          affordable housing.  This bill is also being heard in the Senate  
          Transportation and Housing committee today.

          AB 2501 (Bloom) - makes changes to density bonus law regarding  
          the submission, review, or approval of an application for a  
          density bonus.  This bill is also being heard in the Senate  
          Transportation and Housing committee today.

          AB 2556 (Nazarian) - requires a jurisdiction, in cases where a  
          proposed development is replacing existing affordable housing  
          units, to adopt a rebuttable presumption regarding the number  
          and type of affordable housing units necessary for density bonus  
          eligibility.  This bill is also being heard in the Senate  








          AB 2442 (Holden)                                   Page 5 of ?
          
          
          Transportation and Housing committee today.

          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  Yes     
          Local:  Yes


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          June 8, 2016.)
          
            SUPPORT:  

          AARP
          All Saints Church Foster Care Project
          Bonita Unified School District
          California Council of Community Behavioral Health Agencies
          County Behavioral Health Directors Association of California
          County of Los Angeles
          David & Margaret Youth and Family Services
          Hillsides Organization
          LA County Supervisor Michael Antonovich
          Mental Health of America
          National Alliance on Mental Illness
          Santa Clara County Board of Supervisors
          126 Individuals with All Saints Church
          
          OPPOSITION:

          None received

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