Sen. Blakespear Introduces Bill to Close Deficiency in Density Bonus Housing Law
SACRAMENTO – Sen. Catherine Blakespear, D-Encinitas, on Wednesday introduced legislation to amend the state’s density bonus housing law.
The bill would prohibit developers from benefitting from the state’s bonus law when building projects that don’t include significant amounts of housing. The legislation requires developers to devote two-thirds of the floor space of their projects to residential housing in order to qualify for exemptions under the law from local restrictions.
“The idea behind the density bonus law is to add meaningful housing throughout California, not as an afterthought to luxury hotel developments,” Sen. Blakespear said. “SB 92 will ensure the density bonus law is being used how it was originally intended, to encourage developers to add significant affordable housing to their mixed-use projects. In a state desperate for more affordable housing options, we need to do better, and that’s why this bill sets the bar higher.”
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.
The legislation aims to 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.
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.
“This legislation addresses a critical gap in our state’s density bonus law, ensuring that development projects contribute significantly to creating more homes for Californians,” said Mayor Gloria. “By requiring a meaningful portion of projects to focus on residential space, we’re taking a major step toward building the affordable housing San Diego and our state urgently need. I want to thank Senator Blakespear for her leadership in championing this important legislation.”
“The original density bonus law,” said Rep. Peters, “was designed to provide more affordable housing to a state that badly needs it, but laws with the right intentions sometimes must be tweaked to achieve the desired outcome. I thank Sen. Blakespear for taking the lead so the twisted legal interpretation underlying a particular project in the district I represent can’t be used again.”
“The State’s Density Bonus Law,” said Council President LaCava, “must be used to build affordable homes, not creating absurd high-rise hotels that ignore the goal of housing legislation. Senator Blakespear’s legislation will result in actual affordable units and end predatory development that evades the spirit of affordable housing laws. I applaud the Senator's dedication and swift action in introducing a law that is both pro-housing and pro-community.”
The state density bonus law was first passed in 1979 and amended most recently in 2024.
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.