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Public Policy

Assembly Bill 1287

Introduction

In 2023, Circulate San Diego co-sponsored Assembly Bill 1287, which created one of the most productive and impactful housing reforms in California.

The law was authored by Assemblymember David Alvarez and signed by Governor Newsom. It expanded upon California Density Bonus Law, allowing projects to be twice as large as underlying zoning, if they include a percentage of permanently affordable homes. The bill creates a win-win for more affordable and market-rate homes.

How AB 1287 Works:

Under ordinary zoning rules, a multifamily property is allowed to be developed into a certain number of new homes, called a “base density.” AB 1287 allows for a multifamily development to set-aside a percentage of the base density as permanently affordable homes, in exchange for certain concessions, and permission to build up to 100 percent more homes overall.

The benefits under AB 1287 vary on a sliding scale depending on the percentage of affordable units, and the level of affordability for those units. For AB 1287 projects seeking the maximize benefit, most will set aside 15 percent of their base density at the very-low income level, and another 15 percent of base density at the moderate-income level. With this combination, a development is eligible for a 100 percent bonus, doubling what was allowed by local zoning rules.

History of AB 1287

Before 2020, California Density Bonus Law incentivized developments to set-aside only 11 percent of their base density as affordable, in exchange for a 35 percent bonus.

While serving as the Director of Policy for the San Diego Housing Commission, Colin Parent organized a group of housing stakeholders to develop a proposal to create a local enhancement to Density Bonus Law. The proposal would allow for a development to set aside up to 15 percent of their units as affordable, in exchange for a new 50 percent bonus. After Parent joined Circulate San Diego, the proposal was taken up by Mayor Faulconer's administration, and Circulate lead a coalition that successfully pushed the City of San Diego to adopt its enhanced “Affordable Homes Bonus Program.” The program has been a remarkable success, generating many more affordable and market-rate homes.

In 2020, Circulate co-sponsored Assembly Bill AB 2345 from Lorena Gonzales, that brought San Diego’s 50 percent bonus program statewide. That was the most substantial housing production bill signed that year by Governor Newsom. In 2020, AB 2345 was co-sponsored by Circulate San Diego and Up for Growth.

In 2023,  AB 1287 further expanded Density Bonus Law, bringing the available bonus from 50 percent to 100 percent. That expansion represented a 33 percent increase in multi-family development capacity for the entire state of California, one of the largest single up-zones in the history of the United States. The bill was co-sponsored by Circulate San Diego, SPUR, and the Bay Area Council.

Additional Resources

Over the years, Circulate San Diego has conducted a variety of successful advocacy campaigns to expand housing bonus programs, both locally and statewide. We have produced a number of reports documenting the success of the programs.

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