Kate Connor discusses California's state density bonus law and San Francisco implications

In a recent meeting of the San Francisco Planning Commission, officials discussed the complexities and implications of the state density bonus law, a program designed to incentivize the development of affordable housing. The presentation, led by Veil and supported by colleagues Carly Grove and Esmeralda Jardines, provided a comprehensive overview of how this law interacts with local regulations and the Housing Accountability Act.

The state density bonus law, established in 1979, allows developers to increase the number of units in their projects if they include affordable housing. To qualify, projects must have at least five units and provide affordable units on-site for a minimum of 55 years. The law includes three main components: density bonuses, incentives and concessions, and waivers. The amount of density bonus is contingent upon the number of affordable units provided, with more affordable units yielding greater density allowances.

A key point of discussion was the limited discretion city officials have in denying incentives or waivers. The city can only reject these if they do not lead to cost reductions or pose specific adverse impacts on public health or safety. This restriction raises concerns among commissioners about the potential negative effects on light, air, and open space in new developments, particularly in densely populated urban areas like San Francisco.

Public comments during the meeting highlighted a mix of support and concern regarding the density bonus law. Advocates from the Housing Action Coalition praised the law for its role in increasing housing supply, while others expressed worries that the law could lead to a reduction in the quality of living conditions due to diminished access to light and open space. Several commissioners echoed these concerns, emphasizing the need for objective standards that prioritize public health and safety in the context of increased density.

The intersection of the state density bonus law with the Housing Accountability Act was also a focal point. This act limits local jurisdictions' ability to deny or reduce the density of compliant projects, further constraining the city's discretion in managing development. As a result, many projects benefiting from the density bonus are also protected under this act, complicating the planning process.

In conclusion, the meeting underscored the ongoing challenges and opportunities presented by the state density bonus law in San Francisco. While the law aims to facilitate the construction of affordable housing, it also raises critical questions about urban planning, public health, and community well-being. As the city navigates these complexities, further discussions and potential refinements to local regulations may be necessary to balance housing needs with quality of life considerations. The Planning Commission plans to explore these issues further, with a focus on developing objective standards related to light, air, and open space in future projects.