In a mid-day webinar presented on June 9, 2021, three Holland & Knight attorneys offered an overview and practical tips for the use of two major housing laws in California: the State Density Bonus Law (SDBL) to facilitate expanded housing development, and Senate Bill 35 to further streamline the approval process and combine with the SDBL to promote the production of housing in much needed areas.
Genna Yarkin, a member of the firm's West Coast Land Use and Environmental practice group, outlined four categories of the SDBL program's separate and independent benefits to qualifying residential or mixed-use projects that encourage the creation of affordable housing opportunities. The four categories include the "bonus" itself in the form of additional permit units, concessions and incentives that reduce the expense of housing development, waivers from otherwise applicable development standards, and reduction of parking requirements.
Chelsea Maclean and Ryan Leaderman, members of the West Coast Land Use and Environmental practice group, explained the distinctions and separate requirements for concessions and incentives as opposed to waivers. They also offered helpful and practical tips for navigating the regulatory requirements of this important housing program, which was first enacted in 1979 and has become the subject of recent legislative amendments that emphasize the value of the program to new housing development.
The panelists also described the recently enacted Senate Bill 35 legislation, which on its own or in tandem with the SDBL, affords to qualifying housing developments an expedited, "by-right" approval pathway for the production of affordable housing in both 100 percent affordable and mixed-income projects. The panelists also briefly described several recent judicial decisions upholding the rights and incentives that these legislative programs provide.
If you were unable to attend the webinar, please feel free to view and share the online recording (Access Passcode: #SDBL_SB35).
Upcoming Programs in the Series
- June 16: VMT Updates and Explanations
- June 23: From Plans to Projects: Using Housing Element Law to Get Actual Projects Approved
- June 30: Real Estate "Proptech": How Technology and Web-Based Applications are Changing CRE
- July 15: Surplus Lands Act
- July 21: Mitigation of Water and Supply Impacts in EIRs (or SGMA and CEQA)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.