How SB 1383 changes current law

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This bill amends 1 section(s) of the California codes: Section 65915 of the Government Code.

• Section 65915 of the Government Code

  65915.(a)(1)When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local government shall comply with this section. A The households, as defined in Section 50079.5 of the Health and Safety Code. nonlower as defined by Section 50079.5 of the Health and Safety Code, households, as defined in Section 50053 of the Health and Safety Code. as defined by Section 50079.5 of the Health and Safety Code (3) (4) (5)All density calculations resulting in fractional units shall be rounded up to the next whole number. The require, or be interpreted, in and of itself, approval. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. (j)(1)The granting of a concession or incentive shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For a half (4) (5) (6) (7) (8) (9) (10) (7) Provided that the resulting housing development would not restrict more than 50 percent of the total units to moderate-income, lower income, or very low income households, a be calculated at 30 percent of the for a single-room occupancy unit type. nonlower (7) (8) (9) (10) development (A) (B) (C) 65915.(a)(1)When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local government shall comply with this section. A The households, as defined in Section 50079.5 of the Health and Safety Code. be calculated at 30 percent of the for a single-room occupancy unit type. nonlower as defined by Section 50079.5 of the Health and Safety Code, households, as defined in Section 50053 of the Health and Safety Code. as defined by Section 50079.5 of the Health and Safety Code (3) (4) (5)All density calculations resulting in fractional units shall be rounded up to the next whole number. The require, or be interpreted, in and of itself, approval. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. (j)(1)The granting of a concession or incentive shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For a half (4) (5) (6) (7) (8) (9) (10) development (7) Provided that the resulting housing development would not restrict more than 50 percent of the total units to moderate-income, lower income, or very low income households, a (A) (B) (C) → SEC. 1.1. Section 65915 of the Government Code is amended to read: 65915. (B) A That the project is eligible for a density bonus and the households. non-lower households. (3) A project that is eligible for incentives and concessions pursuant to subparagraph (A), (B), (C), (D), or (F) of paragraph (2) that includes units for sale for the respective income requirement in the appropriate subparagraph shall receive two additional incentives. (4) (5) (4) The granting of a waiver or reduction of development standards shall not be discretionary and shall not require or be interpreted to require a general plan amendment, local coastal plan amendment pursuant to the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), zoning change, study, or other discretionary approval or environmental review under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). When an applicant provides a base density study pursuant to paragraph (7) of subdivision (o), the applicant may elect to receive a density bonus in the form of a percentage increase in maximum floor area ratio. or floor area ratio increase (5) All density bonus calculations resulting in fractional units shall be rounded up to the next whole number. (6) The be discretionary and shall not require or be interpreted approval or environmental review under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (1) (2) The density bonus, incentives or concessions, and waivers or reductions of development standards shall be on sites that are the subject of the same housing development. (A) The density bonus shall be permitted anywhere in the geographic areas of the same housing development, including areas outside of the areas where the units for the lower income households are located.(B) The incentives or concessions, and waivers or reductions of development standards, shall be permitted anywhere in the geographic areas of the same housing development, including areas outside of the areas where the housing units are located.(C) This paragraph applies to both of the following:(i) Either of the following:(I) Housing development projects contained on one site and developed by the same applicant.(II) For a multi-phase housing development project, the applicant has provided reasonable documentation to establish the fiscal interconnectedness of the project components.(ii) Housing development projects where the applicant has entered into an enforceable legal commitment to develop the affordable units prior to the completion of all phases of the development.(j) (1) (A) The granting of a concession or incentive shall not be discretionary and shall not require or be interpreted to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval or environmental review under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (B) For (A) (B) The reduction or modification in subparagraph (A) shall not, for any building over 85 feet in height above grade, include or relate to a labor standard, as that term is defined in Section 1205 of the Labor Code, that has been adopted by the local government entity. For purposes of this subparagraph, the applicable labor standards are those that do not exceed the requirements of paragraph (8) of subdivision (a) of Section 65913.4, as those requirements existed on December 31, 2025. (A) (B) The regulatory incentive or concession in subparagraph (A) shall not, for any building over 85 feet in height above grade, include or relate to a labor standard, as that term is defined in Section 1205 of the Labor Code, that has been adopted by the local government entity. For purposes of this subparagraph, the applicable labor standards are those that do not exceed the requirements of paragraph (

  amended