Housing development: density bonuses.

Assembly Member Boerner's housing density bonus legislation modifies California's existing framework for incentivizing affordable housing development through regulatory concessions. The bill revises Section 65915 of the Government Code to establish more detailed requirements for both local governments and developers participating in the state's density bonus program.

The legislation creates specific obligations for municipalities to streamline density bonus applications, including adopting standardized procedures, documentation requirements, and processing timelines. Local agencies must provide clear determinations on bonus calculations, parking requirements, and other requested concessions when applications are deemed complete.

For developers, the bill outlines precise formulas for calculating density bonuses based on the percentage of units dedicated to various income categories. Projects may qualify by including specified proportions of units for lower-income, very low income, or moderate-income households, as well as specialized populations like transitional foster youth, disabled veterans, and lower-income students. The bonus amounts range from 20% to 50% above base density depending on affordability levels.

The measure addresses replacement housing requirements when existing affordable units would be demolished, establishing detailed criteria for unit equivalency and continued affordability restrictions. It also sets maximum parking ratios for qualifying projects, with further reductions available near transit. Local governments retain authority to impose alternative parking requirements only if supported by area-wide studies conducted within the previous seven years.

Implementation provisions require coordination with Senate Bill 92, with this bill's amendments becoming operative only if both measures are enacted by January 1, 2026. The legislation includes judicial review mechanisms, allowing developers to challenge improper denials of density bonuses or concessions, with prevailing applicants eligible for attorney fees.