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

SACRAMENTO – The state Senate on Wednesday passed legislation by Sen. Catherine Blakespear, D-Encinitas, to stop the exploitation of the state’s housing density bonus law.

The bill would allow developers to benefit from the state’s bonus law only for residential housing uses, not other elements of a mixed-use project, such as hotel rooms. Specifically, SB 92 requires that any waivers or allowances received for a project under the density bonus law only be applied to expanding the housing in the project.

“SB 92 will ensure the density bonus law is being used as it should be – to create more meaningful housing,” Sen.  Blakespear said. “This will prevent the exploitation of the law and developers from using the density bonus to override local restrictions to build large luxury hotels with little residential housing.”

The deficiency in present law has come to light with a mixed-use housing project proposed for the Pacific Beach neighborhood of San Diego. Density bonus law was designed to allow developers to include commercial uses in their projects to supplement their residential components.

The 239-foot-high, 22-story mixed-use project, which exceeds the community’s three-story height limit, only contains 10 affordable housing units and primarily consists of luxury hotel rooms, subverting the law’s intent. SB 92 would not affect this project but would prevent similar projects proposed in the future from receiving density bonus allowances.

The bill, which passed with bipartisan support on a 28-3 vote, now goes to the Assembly for consideration.

SB 92 is sponsored by San Diego Mayor Todd Gloria and supported by U.S. Rep. Scott Peters, D-San Diego, San Diego City Council President Joe LaCava, the City of Alameda and the State Building and Construction Trades Council of California.

Blakespear represents Senate District 38, which covers northern San Diego County and part of southern Orange County. To learn more about the district and Sen. Blakespear, visit her Senate website.