Policy & Legislation

Senate Transportation and Housing Passes Density Bonus Legislation

July 09, 2008

After adopting significant amendments to AB 2280 (Saldaņa, D-San Diego), the Senate Transportation and Housing Committee passed it on a bipartisan 11-0 vote. The measure now goes to the full Senate for a vote sometime between next week and the end of August.

At the urging of Housing CA, the CA Rural Legal Assistance Foundation, and Committee Chair Alan Lowenthal (D-Long Beach), Assemblymember Saldaņa accepted amendments to push back the timeframe for submitting density bonus/incentive applications and to remove a requirement that certain developers take a density bonus in order to get the law's incentives.

In its current form, AB 2280:

  • Clarifies that a local government that does not adopt an ordinance implementing the law still must comply with the law and grant its benefits to developers.
  • Requires developers to notify the city or county if they are taking a density bonus or concessions prior to the development's first discretionary approval.
  • Allows a developer to revise the density bonus or concessions if the city subsequently requires changes that affect the development's affordability.
  • Specifies that "waivers" of development standards only apply to standards that physically preclude development at the densities or with the concessions allowed under the law.
  • Requires a local government to identify a potential funding source for a development before accepting a land donation.

Contact: Zack Olmstead, (916) 447-0503 x 108 or .

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