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AB 1359

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2025-2026 Regular Session Introduced by Patrick Ahrens and 1 co-sponsor

Housing-forward jurisdictions may require maintaining ground-floor commercial space, minimum bicycle and shower amenities, and ADU impact fees on multifamily projects.

From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 16). Re-referred to Com. on APPR.
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Bill Summary · AB 1359

AB 1359 — Planning and zoning: development conditions: housing‑forward jurisdictions

Author: Ahrens
Introduced: Feb 21, 2025
Status: Re‑referred to Committee on Housing & Community Development (Apr 1, 2025)
Effective (operational date in bill): January 1, 2026

Purpose / Intent

AB 1359 authorizes certain jurisdictions that have demonstrated strong housing performance — defined as being designated “prohousing” by the Department of Housing and Community Development (HCD) and having met or exceeded their Regional Housing Needs Allocation (RHNA) for each income level — to impose specific, limited conditions on development projects. The bill aims to let high‑performing jurisdictions protect local mixed‑use, bicycle, and worker‑support amenities and to collect impact fees for accessory dwelling units (ADUs) in multifamily projects.

Key provisions

  • Creates Government Code § 65914.91. Beginning Jan 1, 2026, a “housing‑forward jurisdiction” may impose the following conditions on development approvals (notwithstanding other law):

    1. Commercial ground floor retention — if local objective standards require commercial ground‑floor use, the jurisdiction may prohibit using a density bonus benefit to reduce required commercial ground‑floor space below either: (A) the square footage required by the objective standard, or (B) one‑half of the ground‑floor area (the lesser of the two).
    2. Bicycle parking — where objective standards require bicycle parking/storage, the jurisdiction may bar use of density bonus benefits to reduce bicycle parking below either: (A) the number required by the objective standard, or (B) a minimum of one long‑term bicycle parking space per unit plus one short‑term space per four units (with long‑term spaces allowed to substitute for short‑term on a 1:1 basis).
    3. Showers for mixed‑use/industrial components — jurisdictions may prohibit using density bonus benefits to reduce the number of showers below either the objective standard or specified minimums tied to gross floor area. (The bill text specifies shower minimums by gross floor area ranges; readers should consult the official bill text for exact thresholds.)
    4. ADU impact fees in multifamily projects — jurisdictions may require impact fees for ADUs on multifamily project sites (including ADUs < 750 sq ft), subject to: (A) fee cap — no higher than the jurisdiction’s impact fee for a multifamily unit (or single‑family unit if no distinction), (B) no authorization to charge fees on junior ADUs unless otherwise allowed by law, and (C) no fees for ADUs added to individually owned parcels or airspace (e.g., condos/townhomes) where the owner owns five or fewer parcels in the jurisdiction.

  • Applicability: These conditions apply to all housing development applications, including streamlined/ministerial approvals, conditional use permits, and other discretionary approvals.

  • Definitions: The bill defines “density bonus benefit” as concessions/incentives authorized under existing Density Bonus Law (Gov. Code § 65915) and defines “housing‑forward jurisdiction” as a city/county/city‑and‑county that (1) met or exceeded RHNA targets in the most recent planning cycle for each income level, (2) met its share of RHNA per § 65584, and (3) is designated prohousing under § 65589.9.

Who is affected

  • Local governments: Only jurisdictions that qualify as “housing‑forward” may use these authorities.
  • Developers and builders: Limits the ability to use density bonus concessions to reduce certain community amenities (commercial ground floor, bicycle parking, showers) and may increase project costs where ADU impact fees apply.
  • Residents/employees: Intended to preserve ground‑floor commercial space, bicycle infrastructure, and employee amenities in jurisdictions that have met housing goals.

Procedural / timeline notes

  • Bill introduced Feb 21, 2025; read and amended in committee on Mar 28, 2025; re‑referred to Housing & Community Development (Apr 1, 2025).
  • Operative date in the statute is Jan 1, 2026.
  • Vote: majority; no appropriation or state/local program declared in digest.

For exact numeric thresholds (especially the shower minimums) and final legislative language, consult the official enrolled bill text or HCD guidance if enacted.

Compiled from official sources — confirm details with the bill’s official record.

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