Density Bonus Law
To qualify for the State Density Bonus, residential projects must have at least this many minimum units.
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The bill that authorized Streamlined Ministerial Approval of certain Housing Projects with affordable components in cities that have not met their RHNA requirements
What is SB 35?
A declaration that property is "surplus" or "exempt".
What is the first action required prior to disposing of any real property?
Private entities that are prevented from unreasonably restricting or prohibiting ADUs.
What are HOAs?
Cities cannot deny a housing development project based on these considerations
What are subjective development standards?
These are used to reduce or waive development standards and are intended to help cover the cost of providing affordable units in a density bonus project.
What are incentives or concessions? GC 65915(d)(2)(D).
Periodic report used to track Housing Element and RHNA progress and compliance.
What is the Annual Progress Report?
30% to 50% of the greater of the sales price or fair market value of the land.
What is the penalty to local agencies found to be in violation of the SLA?
This city document now has to include plans for encouraging ADU development at affordable rents.
What is the Housing Element?
SB 330 introduces this new step to the housing development planning application process that freezes rules in place at time of this submittal.
What is the Preliminary Application process?
If a 100% affordable project is within 1/2 mile of this, the city may not apply any density limit to the project.
What is a major transit stop? GC 65915(f)(3)(D)(ii)
This is the first step after the City receives a Notice of Intent to submit an SB 35 project.
What is tribal consultation?
A parcel this size is exempt from the SLA as long as it is not contiguous to land used for open space or affordable housing.
What is 1/2 acre or smaller?
Cities cannot require replacement of this if it is demolished during construction of an ADU
What is parking (covered or uncovered)?
Five workshops or meetings of councils, boards, committees, commissions, or subcommittees.
What is the number of public hearings allowed when reviewing a housing project that complies with objective standards. Gov. Code § 65905.5
This is how base density (and by extension any density bonus) must be calculated for a density bonus project.
What is dwelling units per acre? 65915(o)(6)
If regulations do not use this standard, then base density is calculated by estimating the realistic development capacity of the site based on applicable objective standards
A city can only take this action if it finds the development would have specific adverse effects on public health or safety that cannot feasibly be mitigated
What is deny a proposed housing development project that complies with objective standards
A lease for a term that is less than this length is not subject to the requirements of the SLA
What is 15 years?
Eight (but not more than the current number of units on-site).
What is the number of detached ADUs allowed on a site with an existing multifamily building starting Jan. 1, 2025?
The income of tenants in existing units that are going to be demolished for a new project are relevant for this reason.
What is determining how many protected units must be replaced in the new housing project?
A project utilizes this new provision to achieve a 100% density bonus.
What is stacking of density bonuses under AB 1287 (2023)?
Deemed consistent with a development standard
What is the outcome if the city fails to timely notify an applicant if the project is not consistent with an applicable standard.
Gov. Code § 65589.5(j)(2)
30 days for 150 units or less
60 days for more than 150 units
Any surplus land disposed of must include a covenant requiring this at a minimum, even if it is not sold for residential use.
What is that any future residential project of 10 units or more must set aside at least 15% of the units as affordable housing?
Cities may prohibit ADUs from being used for this.
What are short term rentals?
SB 330 authorizes this new statute, which freezes many development standards in urbanized areas, prohibits these affected cities from down-zoning without concurrently up-zoning other areas, or imposing a housing moratorium.
What is the Housing Crisis Act of 2019?