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State Land Use Enacted Legislation

Bill # State Year Party Topic

AB 1287

CA 2023 D Affordable housing incentives and financing, Density bonus, Density Increases, Lands near transit

Provided by Furman

Summary

  • Redefines “maximum allowable residential density” to mean the greeted 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 greeted number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project.
  • Requires cities and counties to grant an additional density bonus when a qualifying housing development provides higher affordability levels, including specified thresholds for lower income, very low income, and moderate-income rental or for-sale units, in addition to meeting existing Density Bonus Law requirements.
  • Expands mandatory incentives or concessions by requiring four incentives for projects with at least 16 percent very low income units or 45 percent moderate-income for-sale units, and increasing incentives from four to five developments where 100 percent of units are for lower income households.
  • Limits local government documentation requirements by prohibiting jurisdictions from requiring materials beyond what is necessary to establish eligibility for a requested density bonus and parking ratios, removing references to incentives, concessions, and waivers.

Provided by lawmakers

Bill Title

Density Bonus Law: maximum allowable residential density: additional density bonus and incentives or concessions.

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