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SB 435 -- 2 -- <br /> <br /> Existing law prohibits a city, county, or city and county from <br />applying a development standard that has the effect of precluding the <br />construction of a development meeting the affordable housing criteria <br />that entitles the developer to a density bonus and incentives or <br />concessions. Existing law authorizes a developer to apply for a waiver <br />or reduction of development standards and requires the developer to <br />show that the waiver or modification is necessary to make the housing <br />units economically feasible. <br /> This bill would delete the requirement that the developer show that <br />the waiver or modification is necessary to make the housing units <br />economically feasible. <br /> The local administrative requirements imposed by the bill would <br />impose a state-mandated local program. <br /> The California Constitution requires the state to reimburse local <br />agencies and school districts for certain costs mandated by the state. <br />Statutory provisions establish procedures for making that <br />reimbursement. <br /> This bill would provide that no reimbursement is required by this <br />act for a specified reason. <br /> Vote: majority. Appropriation: no. Fiscal committee: yes. <br />State-mandated local program: yes. <br /> <br /> The people of the State of California do enact as follows: <br /> <br /> 1 SECTION 1. Section 65915 of the Government Code is <br /> 2 amended to read: <br /> 3 65915. (a) When an applicant seeks a density bonus for a <br /> 4 housing development within, or for the donation of land for <br /> 5 housing within, the jurisdiction of a city, county, or city and <br /> 6 county, that local government shall provide the applicant <br /> 7 incentives or concessions for the production of housing units and <br /> 8 child care facilities as prescribed in this section. All cities, <br /> 9 counties, or cities and counties shall adopt an ordinance that <br /> 10 specifies how compliance with this section will be implemented. <br /> 11 (b) (1) A city, county, or city and county shall grant one <br /> 12 density bonus, the amount of which shall be as specified in <br /> 13 subdivision (f), and incentives or concessions, as described in <br /> 14 subdivision (d), when a proposed housing development, <br /> 15 excluding any units permitted by the density bonus awarded <br /> <br /> 97 <br /> <br /> <br />