AB 2280 Takes on Density Bonus Law: Please Send a Letter Today!

Reflecting cities' wide ranging concerns about increased density and development, AB 2280 significantly alters state Density Bonus Law. Housing California and the California Rural Legal Assistance Foundation (CRLAF) are opposing the measure due to its potential negative impact on affordable-home development.

Assemblymembers Lori Saldaña (D-San Diego) and Anna Caballero (D-Salinas) introduced AB 2280 on February 21, 2008, in conjunction with bill sponsor League of California Cities. It is set for hearing Wednesday, April 16, 2008, in the Assembly housing committee. Because Saldaña is chair of the committee, the bill is expected to pass.

Some of the key changes contained in the bill are:

• Making a developer ineligible for a density bonus if the jurisdiction has a mixed-income housing (aka " inclusionary zoning") ordinance. Additionally, it increases the thresholds for receiving a concession/incentive. Both of these changes reduce the financial incentive for market-rate developers to include affordable homes in their developments.
• Requiring an application for a density bonus to be submitted concurrently with the application for the initial discretionary approval. Nonprofit developers are concerned about being locked into exact density bonuses and concessions if the local government subsequently changes its development standards.
• Deleting the ability of a winning plaintiff to collect attorneys' fees in a suit against a local jurisdiction, which would virtually eliminate nonprofit developers' ability to take legal action against a jurisdiction that refuses to follow state law.
• Excluding developers who do not need or want a density increase from seeking any of the law's other benefits. Under current law, a nonprofit developer can use the concessions and reduced parking requirements even if an increased density is not needed.

Housing California and CRLAF have offered to participate in a working group with the sponsor and authors to delve into cities' concerns and review any supporting data or information. As part of the negotiations, we would raise our concerns with existing law, especially the lack of compliance by many cities and counties.

TAKE ACTION! Send Letters on AB 2280! AB 2280 will be heard next Wednesday, April 23, 2008, in Assembly local government committee. Cities are sending committee members support letters detailing the "horrors" of Density Bonus Law. Committee members need to hear from nonprofit developers about the law's positive impact on the development of affordable homes!

DEADLINE: Please FAX your letters immediately to the committee office and committee members and send copies to Julie Snyder at Housing California at fax 916.447.1900. You can download a sample letter below.
   

Attachment	Size
asmlocalgov_ctteroster.doc	38 KB
AB2280_SAMPLE.doc	59 KB