AB 3155

05/23/20

“What is the significance of California’s AB 3155 bill?”

California’s housing crisis is causing more and more suffering to the state every year. However, a recent bill that was passed will lend its hand to ameliorate this. AB 3155 by Assemblymember Robert Rivas will allow for apartment buildings with up to 10 homes to be approved by city planning staff instead of having to go through public hearings in front of a planning commission or city council. In addition, half the homes on those lots reserved for first-time homebuyers for 90 days. 

For some technical details about where the development can be placed:

• The development must be within some form of urban/metro area
• A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. Specifically, parcels that are only separated by a street or highway shall be considered to be adjoined.
• At least two-thirds of the square footage of the development designated for residential use
• shall remain available at affordable housing costs or rent to persons and families of lower or moderate-income for no less than the following periods of time:
  • (i) Fifty-five years for units that are rented.
  • (ii) Forty-five years for units that are owned.

The development must satisfy the requirements below.

• The locality has been underproducing affordable housing for the area
• The amount of housing at minimum percentage of below-market-rate housing based on one of the following:
  • The project dedicates a minimum of 10 percent of the total number of units to housing affordable to households making at or below 80 percent of the area median income. However, if the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, that local ordinance applies.
  • If the project is located within the San Francisco Bay area, then the project must dedicate 20 percent of the total number of units to housing affordable to households making below 120 percent of the area median income with the average income of the units at or below 100 percent of the area median income. However, a local ordinance adopted by the locality applies if it requires greater than 20 percent of the units be dedicated to housing affordable to households making at or below 120 percent of the area median income, or requires that any of the units be dedicated at a level deeper than 120 percent. In order to comply with this subclause, the rent or sale price charged for units that are dedicated to housing affordable to households between 80 percent and 120 percent of the area median income shall not exceed 30 percent of the gross income of the household.
• If the project contains 10 units of housing or less and is subject to an inclusionary housing ordinance when the project application is submitted, the project satisfies the requirements of the inclusionary housing ordinance. If the project contains 10 units of housing or less and is not subject to any inclusionary housing ordinances, the developer pays a fee to the local government
• The development is not located on a site that is any of the following:
  • A coastal zone
  • Prime farmland or farmland of statewide importance
  • Wetlands
  • Very high fire hazard severity zone
  • Hazardous waste site
  • Delineated earthquake fault zone
  • Special flood hazard area