Sen. Blakespear’s Bill to Close Deficiency in Density Bonus Housing Law Passes Committee

SACRAMENTO – Legislation by Sen. Catherine Blakespear, D-Encinitas, to stop the exploitation of the state density bonus law was passed Tuesday by the Senate Housing Committee.

“SB 92 will ensure the density bonus law is being used to create meaningful housing,” Sen.  Blakespear said. “Under current law, as we have seen, a luxury hotel development can get around local restrictions simply by adding a few affordable units to the project. That’s just not right, and it was not the intent of the original law.”

A 239-foot-high, 22-story mixed-use project proposed for the Pacific Beach neighborhood of San Diego has highlighted the shortcomings in the state’s density bonus law. Because the project contains 10 affordable housing units, it qualifies for density bonus and can exceed the community’s three-story height limit by 19 stories. The development primarily consists of luxury, extended-stay hotel rooms, not residential units.  

SB 92 would prevent similar developments from qualifying for density bonus incentives. The bill would align the state’s density bonus law with the state’s housing accountability act, another state law that similarly incentivizes developers to build affordable housing.

The bill goes next to the Senate Local Government Committee for consideration.

SB 92 is sponsored by San Diego Mayor Todd Gloria and supported by U.S. Rep. Scott Peters, D-San Diego, and San Diego City Council President Joe LaCava.

The state density bonus law was first passed in 1979 and amended most recently in 2024.

Sen. Blakespear represents Senate District 38. Her constituents live in northern San Diego County and southern Orange County. To learn more about the district and Sen. Blakespear, visit her Senate website.