CITY COUNCIL REGULAR MEETING AGENDA PACKET

Page 3 of 6 construction of a housing development at the density permitted with a density bonus and any concessions • Parking Ratios: Defined parking ratios in State law that apply to the residential use within a qualifying project, which are lower than current PMC ratios. The SDBL requires local governments to adopt an ordinance to specify how it will implement the SDBL. In other words, the statute only requires that the local ordinance describe the local government’s procedures to request and process a density bonus request from an applicant. The specific requirements and prescriptive parameters (e.g., number of bonus units) set forth under State law apply to any project within the jurisdiction and would supersede any more restrictive local regulations. Additionally, a jurisdiction that does not adopt a local density bonus ordinance is not relieved from complying with the SDBL requirements. Due to the most recent updates to State law, and as a result of many cities updating their respective municipal codes, ABAG-MTC provided a model ordinance to Bay Area cities to assist in meeting Density Bonus requirements in local ordinances. The draft modifications in Attachment 1 are based on the model ordinance and would supersede the entirety of the existing language in PMC Chapter 17.38. Since most of the law related to Density Bonus is prescribed by State law - meaning the City does not have latitude or flexibility in how it implements the ordinance - the amendments seek to refer to State law and provide parameters only for elements where jurisdiction-specific latitude is allowed, such as submittal requirements. Further, staff proposes update to sections that would benefit from reference to current State law (e.g., definition of “childcare facility” is proposed to mirror the State Health and Safety Code). Major Transit Stop State law in various sections refers to the term “major transit stop” typically to provide alternative (most often reduced) requirements for development standards (e.g., parking, density maximum, maximum permitted height). For example: • Senate Bill 35: Government Code §65913.4 et seq provides that a jurisdiction is not allowed to impose parking standards for a proposed multifamily development submitted for streamlined review under SB35 if it is located within one-half mile of public transit. • Assembly Bill 2097: Government Code §65863.2 et seq prohibits a jurisdiction from imposing or enforcing parking requirements on a residential, commercial, or other development project if it is located within one-half mile of public transit. • Senate Bill 9: Government Code §65852.21 et seq provides that housing developments proposed in accordance with SB9 are not required to provide any parking if located within a half-mile walking distance of a high-quality transit corridor or a major transit stop or within one block of car share (whereas one parking space per dwelling unit could otherwise be required). • Density Bonus: Government Code §65915 et seq provides that a project applicant may request that the City not require on-site parking that exceeds certain ratios in State law, irrespective of parking minimums in the municipal code. Additionally, if the project contains a certain number of affordable units and is located within one-half mile of a Page 64 of 218