(Feb. 15, 2018, 9:20 p.m.) -- Assemblyman Todd Gloria (D, San Diego) has introduced AB 2372 that would enable a City Council to establish a procedure by ordinance giving the developer of an "eligible housing development" -- defined in terms of its proximity to transit -- a floor area ratio bonus in lieu of a density bonus awarded on the basis of dwelling units per acre, whichever provides greater public benefit in relation to "affordable" (below market/subsidized) housing.
AB 2372 surfaces as a fateful LB City Council vote approaches on Some transit adjacent aspects of AB 2372 are similar to SB 827 (by state Sen. Scott Wiener), which has drawn criticism (in its initial form) from some quarters on grounds it didn't address "affordable" (below market/subsidized) housing. AB 2372 includes transit adjacent verbiage but focuses on "affordable" (below market/subsidized) housing. AB 2372 states that a City Council "may establish a procedure by ordinance to grant a developer of an eligible housing development a floor area ratio bonus in lieu of a density bonus awarded on the basis of dwelling units per acre, whichever provides greater public benefit in relation to affordable housing." For "eligible housing developments" a City Council would be forbidden from applying any parking requirement in excess of 0.1 parking spaces per unit that is affordable to persons and families with a household income equal to or less than 120 percent of the area median income and 0.5 parking spaces per unit that is offered at market rate. For an eligible housing development zoned for "mixed-use" purposes (retail on first floor, residences above), "any floor area ratio requirement under a zoning ordinance or land use element of the general plan...applicable to the nonresidential portion of the eligible housing development shall continue to apply notwithstanding the award of a floor area ratio bonus" as provided in the bill. On its introduction, AB 2372 already has three Assembly co-authors: Assemblymembers Lorena Gonzalez Fletcher (D, San Diego), Evan Low (D, Cupertino) and Miguel Santiago (D, L.A.) [Scroll down for further.] |
AB 2372 defines an "Eligible housing development" as one which satisfies all of the following criteria:
Compare AB 2372's text to salient portions of SB 827 as currently proposed, which would give developers "density bonuses" and mandate minimum heights/densities for multi-unit housing within half-mile/quarter mile from specified transit, full text as initially introduced here.) On Feb. 13, 2018, Councilmembers declined to oppose, or oppose unless amended, SB 827 by state Senator Scott Wiener (D, SF), another housing density/transit adjacent bill, sending it a Council committee until Sen. Wiener makes amendments whose content he hasn't yet disclosed. In 2017, the City of Long Beach (despite stated policies in a Council-approved state legislative agenda to protect local decisionmaking control) failed to oppose Sen. Wiener's SB 35 and a number of other bills reducing and in some cases erasing local decisionmaking control on certain developer-desired housing projects.
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