Implications of State Housing Density Law For Pasadena’s Policies to be Reviewed by City Committee

The implications of California Assembly Bill (AB) 2334, which promotes the expansion of affordable housing units by expanding the density of units per acre, will be heard by the City’s Planning Commission on Wednesday, Jan 25.

“This bill promotes the expansion of affordable housing units by expanding the enhanced density bonus for 100 percent affordable housing developments in location efficient areas,” a summary of the bill read.

“AB2334 was adopted in September 2022 and went into effect on January 1, 2023.”

The bill substantially amends the definition of “maximum allowable residential density,” or “base density,” in the State Density Bonus Law (SDBL).

“For instance, if the Land Use Element specified a density range of 0 to 87 units per acre, but the Zoning Code and Specific Plan allowed a maximum of 48 units per acre, the “base density” was considered to be 48 units per acre,” an agenda report said explaining the pre-amended language of the law.

The amended language under AB 2334 says if a range of density is permitted, then base density means, “the maximum number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project.”

“In the example above, this would mean that the base density would be considered to be 87 units per acre. Under the law, the highest density in each range would apply (not 87 d/u per acre across the city) and the land use designations will remain as adopted,” the report said.

The SDBL gives housing developments with below-market rate homes the right to additional density – meaning additional housing units to build – to waivers of local standards that preclude development, to incentives that reduce affordable housing costs, and to reduced parking requirements.

Additionally, SDBL states that it “shall be interpreted liberally in favor of producing the maximum number of total housing units.”

To be consistent with SDBL, the City is compelled to revise its approach and adopt the changes in the definition, allowing the base density for any density bonus project to be the greatest maximum density identified for the site in the Zoning Code, Specific Plan or Land Use Element.

A City Council resolution would be required to put this revision into effect, the Planning Department indicated.

Even with this revision, the Planning Department stressed that the City’s inclusionary ordinance would continue to apply to all density bonus projects and require that 20 percent of the units be affordable to very low-, low-, or moderate-income households.

To address the fact that many changes to state law have been occurring that could impact the City’s policies, the Planning Department said it is recommending that the City acknowledge – by way of a resolution – that the state law, as of Jan. 1, 2023, requires that the maximum density designated for a site in the Land Use Element, Zoning Code or Specific Plan, whichever is the greatest, applies as the base density for density bonus projects.

“This approach ensures that the City processes density bonus projects consistent with State Law and provides clarity to staff and the public on the issue,” the Planning Department said.

The Department also said the City shall continue to update the Specific Plans to ensure that the City continues to prioritize the pedestrian environment, establishes a contextual building envelope, and includes regulations that provide appropriate setbacks, stepbacks, open space, and use regulations.

The Planning Commission’s meeting begins at 6:30 p.m. at the City Council Chambers, Room S249 at City Hall.