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Did one of California’s biggest new housing reforms go too far?

By Chris Elmendorf : sfchronicle – excerpt

The state desperately needs changes to its housing laws. But did a recent fix create more problems than it solved?

Last month, Gov. Gavin Newsom signed into law a package of more than 50 housing bills. Most seemed inconspicuous, but sometimes changing just a few words in a statute makes a world of difference.

AB1287 is a case in point. It makes a small tweak to a state law that gives developers “bonuses” for building low-income housing.

On the books since the 1970s, the Density Bonus Law has a simple idea at its core: If a developer agrees to dedicate some units in a project to affordable housing, it should be allowed to make its project a little larger than a city’s rules otherwise allow. For example, if a builder dedicates 10% of the units to low-income housing, it receives a size bonus of 20%. This allows a site zoned for 40 units to be developed with 48.

AB1287 makes a seemingly minor change allowing developers to base their number-of-units calculation on what is allowed by a city’s general plan for land use rather than a city’s zoning. 

This might sound like a hair-splitting distinction. It is not…

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