IMPLEMENTATION OF AB 744 – DENSITY BONUS

Director of Planning Memo  (December 17, 2015)

 

On October 9, 2015, Governor Brown signed AB 744 (2015), which amended sections of the
State Density Bonus Law (Gov’t Code §65915). The law prevents local jurisdictions from
imposing vehicular parking requirements higher than those established by the legislation, upon
the request of a developer, provided that the project includes enumerated percentages of
affordable housing and is located near designated public transit.

The City has received numerous questions regarding the implementation of AB 744. As the City
is unable to amend the local density bonus ordinance implementing State law prior to January
1, 2016 (when the law takes effect), this memo will serve as interim direction for staff and project
applicants. It is meant to provide guidance on State law and does not create any new or
additional City policies or regulations.

Implementation of AB 744.

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On October 9, 2015, Governor Brown signed AB 744 (2015), which amended sections of the
State Density Bonus Law (Gov’t Code §65915). The law prevents local jurisdictions frolT)
imposing vehicular parking requirements higher than those established by the legislation, upon
the request of a developer, provided that the project includes enumerated percentages of
affordable housing and is located near designated public transit.

The City has received numerous questions regarding the implementation of AB 744. As the City
is unable to amend the local density bonus ordinance implementing State law prior to January
1, 2016 (when the law takes effect), this memo will serve as interim direction for staff and project
applicants. It is meant to provide guidance on State law and does not create any new or
additional City policies or regulations.